SB639,230,3
159.07 Claims against counties; actions on. (1) No action may be brought
2or maintained against a county upon a claim or upon a cause of action unless the
3claimant complies with s. 893.80.
SB639,230,6 4(2) No action may be brought or maintained against a county, for disclosure of
5information that is received under s. 342.20 (3) and maintained under s. 342.20 (4)
6or that is received under s. 30.572 (4) and maintained under s. 30.572 (5).
SB639, s. 427 7Section 427. 59.77 (title), (1) to (4) and (6) to (8) of the statutes are renumbered
859.64 (1) (title) and (a) to (g) and amended to read:
SB639,230,139 59.64 (1) Claims, how made; procedure. (a) In general. Every person, except
10jurors, witnesses and interpreters, and except physicians or other persons who are
11entitled to receive from the county fees for reporting to the register of deeds births
12or deaths, which have occurred under their care, having any claim against any
13county shall comply with s. 893.80.
SB639,230,2214 (b) Of court officers, certified by district attorney. No claim for official services,
15in any criminal action or proceeding before a judge, shall be allowed by any county
16board until the same has been examined and a written report made thereon by the
17district attorney of the proper county as required by sub. (4) par. (d); nor shall the
18claim of any sheriff, undersheriff, deputy sheriff, constable or other such officer for
19the services or expenses of an assistant in making an arrest or commitment be
20allowed unless the judge before whom the prisoner is brought certifies that there was
21a necessity for such assistance because of the dangerous character of the defendant
22or because 2 or more persons were arrested at the same time.
SB639,231,923 (c) Of judicial officers. Court commissioners shall, on or before the first Monday
24of November in each year, forward to the county clerk of their respective counties a
25correct statement of all actions or proceedings had before them, during the year next

1immediately preceding year, in which the county shall have become became liable for
2costs, giving the names of the parties in each action or proceeding, the nature and
3result of the same, the amount of costs in detail in each case, and what items, if any,
4have been paid and the amount thereof. The county clerk shall file such statements
5in his or her office. Any such officer who neglects to make and return such statements
6within the time prescribed in this subsection paragraph shall not receive any
7compensation from the county for any service rendered by him or her in any criminal
8case or proceeding during the year next preceding the time when the statement is
9required to be made and returned.
SB639,231,1310 (d) Of court officers; certification; audit by district attorney; waiver. Fees of
11officers, in any action or proceeding before a court commissioner, shall be certified
12to and allowed by the county board in the manner following, and in no other way
13manner:
SB639,231,2214 1. At least 10 days before the annual meeting of the board every such officer
15shall make and file with the county clerk a certified statement of all actions or
16proceedings had or tried before him or her in which the state was a party, and
17wherein the county has become became liable for the fees of officers, within the year
18next preceding the date of the statement, showing the title and nature of the action
19or examination, date of trial, the names of all officers, who actually attended court
20and gave in a statement of their attendance and travel; and also such on the part of
21the defendant as were allowed against the county, and the amount to which they are
22severally entitled. The statement shall be substantially in the following form:
SB639,231,23 23State of Wisconsin
SB639,231,2424 v.
SB639,231,2525 ....
SB639,232,1
1In .... Court
SB639,232,22 Complaint for ....
SB639,232,33 Before ...., .... Judge.
SB639,232,44 Heard the .... day of ...., 19..
SB639,232,55 To the County Board of .... County:
SB639,232,106 I hereby certify that in the foregoing entitled action the following named
7persons rendered services therein, and attended before me in the capacity stated,
8and that they are severally entitled to the amounts specified below for the services,
9attendance and travel, and that the services were actually and necessarily rendered,
10and said action was prosecuted in good faith:
SB639,232,1311 A.B. (constable or sheriff), actually and necessarily traveled in serving the ....
12herein, .... miles, and attended court .... days, and is entitled to .... dollars for other
13just and lawful services in the cause, and in all is entitled to .... dollars.
SB639,232,1414 Dated this .... day of ...., 19..
SB639,233,215 2. The county clerk shall deliver such statement to the district attorney, who
16shall examine the same and make a report in writing thereon to the county board,
17specifying the items in each for which the county is or is not liable, and the extent
18of its liability if it is liable for a part only of any such item. Such statement and report
19shall be laid before the county board by the county clerk and insofar as the items
20charged therein are approved by the district attorney such statement shall be prima
21facie evidence of the claims of the persons named therein; and the board shall
22examine the same and allow such as are legal, and direct that orders be drawn for
23the amount allowed to each person named therein. If any person in whose favor any
24such order is drawn shall not call for the same within two 2 years from the time the

1claim is allowed the person's right to any compensation for services shall be deemed
2considered waived and the county board shall cancel such order.
SB639,233,83 (e) Fees for statements and certificates. Every court commissioner shall receive
4from the county treasurer $1 per page for making statements and returns required
5by sub. (3) par. (c) and $1 for making each certificate required by sub. (4) par. (d). All
6such statements and certificates shall be transmitted to the county clerk by certified
7mail and for transmitting the statements and certificates the court commissioner
8shall receive $1.
SB639,233,129 (f) Court commissioners. The county board at any session thereof, either an
10adjourned or a special session,
may as provided in sub. (4) (b) par. (d) 2. examine and
11allow any statement, account or claim of any court commissioner which is on file with
12the county clerk before the opening of the session of the county board.
SB639,233,1813 (g) Payment of juror, witness, interpreter, attorney, guardian ad litem and
14transcript fees; penalty.
If a county is liable for juror fees or for witness, interpreter,
15attorney, guardian ad litem or transcript fees which are on the part of the state or
16of the defendant in any action or proceeding before a judge of the circuit court or
17before the medical examiner of such the county, the procedure to secure payment of
18such the fees shall be as follows:
SB639,234,219 1. The clerk of the respective court, the register of probate, or the medical
20examiner as the case may be shall issue to such the person an order directing the
21county treasurer to make payment of such the fee. Said The order shall state the
22name of the person to whom payable, the time served, the number of miles traveled
23by the person, and the amount of compensation to which the person is entitled,
24together with the title of the action in which such the person so served, the capacity
25in which the person served and the date or dates of service, or in case of transcript

1fees, the title of the action and the dates on which the testimony for such the
2transcript was taken.
SB639,234,83 2. The person to whom such the certificate or order is issued shall be required
4to indorse the same endorse it prior to receiving payment and thereby indicate that
5he or she is the person mentioned therein in the certificate or order, that the number
6of miles traveled and the capacity in which he or she served and the work which he
7or she performed is true and correct as stated and that he or she has not at any time
8received any compensation therefor.
SB639,234,149 3. Upon presentation of such the certificate or order properly signed and
10endorsed, the county treasurer shall pay to the holder , upon surrender thereof of the
11certificate or order,
the amount therein set forth in the certificate or order, and such
12the order or certificate shall thereafter in all other respects be handled by said the
13treasurer in the same manner as all other county orders drawn upon him or her are
14handled.
SB639,234,1915 4. Any judge or court commissioner, juror, witness, interpreter, attorney,
16guardian ad litem or recipient of transcript fees who makes, signs or indorses
17endorses any such certificate or order which is untrue in respect to anything
18material, which he or she knows to be false, or which he or she has not does not have
19good reason to believe is true, shall be punished as provided in s. 946.12.
SB639, s. 428 20Section 428. 59.78 of the statutes is renumbered 59.64 (2) and amended to
21read:
SB639,235,1122 59.64 (2) Special counties; classification of claims. In counties containing
23with a population of more than three hundred thousand 300,000, the county auditor
24shall classify all such claims according to the budgetary funds provided for in s. 59.84
2559.60, against which they are chargeable, before such claims are laid before such

1board. The county auditor shall then submit with the claims chargeable against each
2fund, a statement of the balance in such fund against which no county orders have
3been issued. If such balance in any fund is less than the total of the claims chargeable
4against such fund, the auditor shall call the attention of the board to that fact, and
5such board shall not issue county orders in excess of such balance without previously
6appropriating to such fund an additional sum at least sufficient to cover such orders.
7If any claims or claim shall be are for a purpose for which no specific appropriation
8has been made in the budget, such claim or claims shall be considered as chargeable
9against the contingent fund. When the county auditor countersigns any order on the
10county treasurer for the payment of a claim allowed the auditor shall charge such
11order against the fund appropriated for that purpose.