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Chapter 59 Counties

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Chapter 59 Counties Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. September 17, 2021. 1 Updated 19−20 Wis. Stats. COUNTIES 59.001 CHAPTER 59 COUNTIES SUBCHAPTER I SUBCHAPTER V DEFINITIONS POWERS AND DUTIES OF COUNTIES 59.001 Definitions. 59.51 Board powers. SUBCHAPTER II 59.52 County administration. LEGAL STATUS; ORGANIZATION 59.53 Health and human services. 59.01 Body corporate; status. 59.535 Veterans affairs. 59.02 Powers, how exercised; quorum. 59.54 Public protection and safety. 59.03 Home rule. 59.55 Consumer protection. 59.04 Construction of powers. 59.56 Cultural affairs; education; recreation. 59.05 County seat; change. 59.57 Economic and industrial development. 59.06 County property. 59.58 Transportation. 59.07 Claims against counties; actions on. SUBCHAPTER VI 59.08 Consolidation of counties; procedure; referendum. FINANCE AND BUDGET SUBCHAPTER III 59.60 Budgetary procedure in certain counties. 59.605 Tax levy rate limit. COUNTY BOARD OF SUPERVISORS 59.61 Financial transactions. 59.10 Boards: composition; election; terms; compensation; compatibility. 59.62 Investment authority delegation. 59.11 Meetings; adjournment; absentees. 59.63 Treasurer’s disbursement of revenue. 59.12 Chairperson; vice chairperson; powers and duties. 59.64 Claims against county. 59.13 Committees; appointment; compensation. 59.65 Publication of financial report. 59.14 Publication of ordinances and proceedings. 59.66 Unclaimed funds. 59.15 Neglect of duty. SUBCHAPTER VII SUBCHAPTER IV LAND USE, INFORMATION AND REGULATION, COUNTY OFFICERS ENVIRONMENTAL PROTECTION, SURVEYS, 59.17 County executive. PLANNING AND ZONING 59.18 County administrator. 59.69 Planning and zoning authority. 59.19 Administrative coordinator. 59.691 Required notice on certain approvals. 59.20 County offices and officers. 59.692 Zoning of shorelands on navigable waters. 59.21 Official oaths and bonds. 59.693 Construction site erosion control and storm water management zoning. 59.22 Compensation, fees, salaries and traveling expenses of officials and 59.694 County zoning, adjustment board. employees. 59.696 Zoning; filing fees. 59.23 Clerk. 59.697 Fees for zoning appeals. 59.24 Clerks of counties containing state institutions to make claims in certain 59.698 Zoning, building inspector. cases. 59.70 Environmental protection and land use. 59.25 Treasurer. 59.71 Special counties; record keeping. 59.255 Comptroller. 59.72 Land information. 59.26 Sheriff; undersheriff; deputies. 59.73 Surveys; expressing bearings, subdividing sections. 59.27 Sheriff; duties. 59.74 Perpetuation of section corners, landmarks. 59.28 Peace maintenance; powers and duties of peace officers, cooperation. 59.75 Certificates and records as evidence. 59.29 Transportation, apprehension of criminals. 59.76 Registration of farms. 59.30 Not to act as attorney. SUBCHAPTER VIII 59.31 Service on sheriff; how made. POPULOUS COUNTIES 59.32 Fees received by sheriff. 59.79 Milwaukee County. 59.33 Powers after term. 59.792 Milwaukee County; sewage, waste, refuse. 59.34 Coroner, medical examiner duties; coroner, medical examiner compatibil- 59.794 Milwaukee County; limitations on board authority and on intergovern- ity. mental cooperation, shared services. 59.35 Deputy coroner. 59.796 Milwaukee County; opportunity schools and partnership program. 59.36 Coroner and medical examiner; fees. 59.80 Milwaukee County; city−county crime commission. 59.365 Moratorium on fee increases. 59.81 Cash flow, Milwaukee. 59.37 Service when no coroner. 59.82 Milwaukee County Research and Technology Park. 59.38 Medical examiner and assistants. 59.84 Expressways and mass transit facilities in populous counties. 59.39 Coroner or medical examiner as funeral director, limitation. 59.85 Appropriation bonds for payment of employee retirement system liability 59.40 Clerk of court. in populous counties. 59.41 Not to act as attorney. 59.86 Agreements and ancillary arrangements for certain notes and appropria- 59.42 Corporation counsel. tion bonds. 59.43 Register of deeds; duties, fees, deputies. 59.87 Employee retirement system liability financing in populous counties; 59.44 County abstractor; appointment; duties; fees. additional powers. 59.45 County surveyor; duties, deputies, fees. 59.875 Payment of contributions in and employment of annuitants under an 59.46 Penalty for nonfeasance. employee retirement system of populous counties. 59.47 County auditors; powers; duties. 59.88 Employee retirement system of populous counties; duty disability benefits 59.48 County assessor. for a mental injury. SUBCHAPTER I pired term and whose service has not terminated by death, resigna- tion or removal from office. DEFINITIONS (2r) “Municipal clerk” means the clerk of a municipality. (3) “Municipality” means any city, village or town. 59.001 Definitions. In this chapter, unless the context clearly indicates to the contrary: (3m) “Municipal treasurer” means the treasurer of a munici- (1) “Board” means the county board of supervisors. pality. (2) “Clerk” means the county clerk. (3r) “Professional land surveyor” means a professional land (2m) “Members−elect” means those members of the govern- surveyor licensed under ch. 443. ing body of a county, city, village or town, at a particular time, who (4) “Treasurer” means the county treasurer. have been duly elected or appointed for a current regular or unex- History: 1989 a. 260, 268; 1995 a. 201; 2013 a. 358. 2019−20 Wisconsin Statutes updated through 2021 Wis. Act 79 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on September 17, 2021. Published and certified under s. 35.18. Changes effective after September 17, 2021, are designated by NOTES. (Published 9−17−21) Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. September 17, 2021. 59.001 COUNTIES Updated 19−20 Wis. Stats. 2 SUBCHAPTER II (b) The board of any county may, by a resolution adopted by a majority of its membership, propose to any of the municipalities LEGAL STATUS; ORGANIZATION located in the county that it offers to exercise such powers and functions therein in order to consolidate municipal services and functions in the county. Such resolution shall designate the partic- 59.01 Body corporate; status. Each county in this state is ular function, duty or act and the terms and conditions, if any, upon a body corporate, authorized to sue and be sued, to acquire and which the board will perform the function, duty or act. The pow- hold, lease or rent real and personal estate for public uses or pur- poses, including lands acquired under ch. 75, to sell, lease and ers conferred in par. (a) and designated in such resolution may convey the same, including the authority to enter into leases or thereafter be exercised by the board in each municipality which contracts with the state for a period of years for the uses and pur- accepts the proposal by the adoption of a resolution by a majority poses specified in s. 23.09 (2) (d), to make such contracts and to vote of the members−elect of its governing body or by direct legis- do such other acts as are necessary and proper to the exercise of lation in the manner provided in s. 9.20. the powers and privileges granted and the performance of the legal (c) Whenever the request under par. (a) or acceptance under duties charged upon it. par. (b) of a municipality is by resolution of its governing board, History: 1987 a. 378; 1995 a. 201. the request or acceptance shall not go into effect until the expira- Cross−reference: See ss. 75.35 and 75.69 for restrictions on the sale of tax deeded tion of 60 days from the adoption of the resolution or, in the case land. Civil rights actions against municipalities are discussed. Starstead v. City of Supe- of county law enforcement services provided to a city as described rior, 533 F. Supp. 1365 (1982). in s. 62.13 (2s), as provided in s. 62.13 (2s) (d). If a petition under s. 9.20 for direct legislation on the request or acceptance is filed 59.02 Powers, how exercised; quorum. (1) The powers before the expiration of said 60 days, the resolution of the govern- of a county as a body corporate can only be exercised by the board, ing board is of no effect but the request or acceptance of such or in pursuance of a resolution adopted or ordinance enacted by municipality shall be determined by direct legislation, except that the board. no petition for direct legislation under s. 9.20 may be filed to (2) Ordinances may be enacted and resolutions may be approve or reject a contract entered into by a city and a county adopted by a majority vote of a quorum or by such larger vote as under s. 62.13 (2s). may be required by law. Ordinances shall commence as follows: (d) After and upon the adoption of resolutions by the board and “The county board of supervisors of the county of .... does ordain subject to par. (c) by one or more municipalities either as provided as follows”. in par. (a) or (b) the board shall have full power to legislate upon (3) A majority of the supervisors who are entitled to a seat on and administer the entire subject matter committed to it, and the board shall constitute a quorum. All questions shall be deter- among other things, to determine, where not otherwise provided mined by a majority of the supervisors who are present unless oth- by law, the manner of exercising the power thus assumed. erwise provided. (e) The municipality concerned may enter into necessary con- History: 1977 c. 447; 1995 a. 201. tracts with the county, and appropriate money to pay to the county The county board’s failure to use the prescribed language of sub. (2) did not invali- date an ordinance. Cross v. Soderbeck, 94 Wis. 2d 331, 288 N.W.2d 779 (1980).
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