Chapter 59, COUNTIES
96 sections in this chapter.
Wis. Stat. § 59.001 Definitions
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59.001 Definitions. In this chapter, unless the context clearly indicates to the contrary: (1) “Board” means the county board of supervisors. (2) “Clerk” means the county clerk. 59.51 59.52 59.53 59.535 59.54 59.55 59.56 59.57 59.58 59.60 59.605 59.61 59.62 59.63 59.64 59.65 59.6…
Wis. Stat. § 59.01 Body corporate; status
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59.01 Body corporate; status. Each county in this state is a body corporate, authorized to sue and be sued, to acquire and hold, lease or rent real and personal estate for public uses or purposes, including lands acquired under ch. 75, to sell, lease and convey the same, includin…
Wis. Stat. § 59.02 Powers, how exercised; quorum
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59.02 Powers, how exercised; quorum. (1) The powers of a county as a body corporate can only be exercised by the board, or in pursuance of a resolution adopted or ordinance enacted by the board. (2) Ordinances may be enacted and resolutions may be adopted by a majority vote of a …
Wis. Stat. § 59.03 Home rule
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59.03 Home rule. (1) ADMINISTRATIVE HOME RULE. Every county may exercise any organizational or administrative power, subject only to the constitution and to any enactment of the legislature which is of statewide concern and which uniformly affects every county. (2) CONSOLIDATION …
Wis. Stat. § 59.04 Construction of powers
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59.04 Construction of powers. To give counties the largest measure of self-government under the administrative home rule authority granted to counties in s. 59.03 (1), this chapter shall be liberally construed in favor of the rights, powers and privileges of counties to exercise …
Wis. Stat. § 59.05 County seat; change
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59.05 County seat; change. (1) The county seat shall be fixed and designated by the board at the first regular meeting after the organization of any county; and no county seat shall be changed except as provided in this section. (2) If a petition conforming to the requirements of…
Wis. Stat. § 59.06 County property
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59.06 County property. (1) HOW HELD. County property shall be held by the clerk in the name of the county. All property, real or personal, conveyed to the county or to its inhabitants or to any person for the use of the county or its inhabitants is county property. Such conveyanc…
Wis. Stat. § 59.07 Claims against counties; actions on
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59.07 Claims against counties; actions on. (1) No action may be brought or maintained against a county upon a claim or upon a cause of action unless the claimant complies with s. 893.80. This subsection does not apply to actions commenced under s. 19.37, 19.97 or 281.99. (2) No a…
Wis. Stat. § 59.08 Consolidation of counties; procedure; referendum
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59.08 Consolidation of counties; procedure; referendum. (1) Any 2 or more adjoining counties may consolidate into a single county by complying with the requirements and procedure herein specified. (2) The boards of any 2 or more adjoining counties desiring to consolidate their re…
Wis. Stat. § 59.10 Boards: composition; election; terms; compensation; compatibility
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59.10 Boards: composition; election; terms; compensation; compatibility. The boards of the several counties shall be composed of representatives from within the county who are elected and compensated as provided in this section. Each board shall act under sub. (2), (3) or (5), un…
Wis. Stat. § 59.11 Meetings; adjournment; absentees
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59.11 Meetings; adjournment; absentees. (1) (a) Every board shall hold an annual meeting on the Tuesday after the 2nd Monday of November in each year for the purpose of transacting business. Any board may establish by rule an earlier date during October or November for the annual…
Wis. Stat. § 59.12 Chairperson; vice chairperson; powers and duties
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59.12 Chairperson; vice chairperson; powers and duties. (1) The board, at the first meeting after each regular election at which members are elected for full terms, shall elect a member chairperson. The chairperson shall perform all duties required of the chairperson until the bo…
Wis. Stat. § 59.13 Committees; appointment; compensation
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59.13 Committees; appointment; compensation. (1) The board may, by resolution designating the purposes and prescribing the duties thereof and manner of reporting, authorize their chairperson to appoint before June 1 in any year committees from the members of the board, and the co…
Wis. Stat. § 59.14 Publication of ordinances and proceedings
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59.14 Publication of ordinances and proceedings. (1) Whenever a board enacts an ordinance under this chapter the clerk shall immediately publish the ordinance either in its entirety, as a class 1 notice, under ch. 985, or as a notice, as described under sub. (1m) (b); and the cle…
Wis. Stat. § 59.15 Neglect of duty
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59.15 Neglect of duty. Any supervisor who refuses or neglects to perform any of the duties which are required of the supervisor by law as a member of the board, without just cause therefor, shall for each such refusal or neglect forfeit not less than $50 nor more than $200. Histo…
Wis. Stat. § 59.17 County executive
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59.17 County executive. (1) ELECTION AND TERM OF OFFICE. (a) In each county with a population of 750,000 or more, a county executive shall be elected for a 4-year term at the election to be held on the first Tuesday in April of each year in which county supervisors are elected, a…
Wis. Stat. § 59.18 County administrator
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59.18 County administrator. (1) APPOINTMENT. Counties having a population of less than 750,000 may by resolution of the board or by petition and referendum create the office of county administrator. The county administrator shall be appointed by majority vote of the board. Such p…
Wis. Stat. § 59.19 Administrative coordinator
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59.19 Administrative coordinator. In any county which has not created the office of county executive or county administrator, the board shall designate, no later than January 1, 1987, an elected or appointed official to serve as administrative coordinator of the county. The admin…
Wis. Stat. § 59.20 County offices and officers
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59.20 County offices and officers. (1) ELIGIBILITY FOR COUNTY OFFICE. No person may file nomination papers as a candidate for, have his or her name placed on a ballot for election to, or hold a county elective office who is not an elector of the county. No person may file nominat…
Wis. Stat. § 59.21 Official oaths and bonds
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59.21 Official oaths and bonds. (1) Each county officer named in this chapter, except county supervisors, shall execute and file an official bond and take and file the official oath within 20 days after receiving official notice of election or appointment, or if not officially no…
Wis. Stat. § 59.22 Compensation, fees, salaries and traveling expenses of officials and employees
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59.22 Compensation, fees, salaries and traveling expenses of officials and employees. (1) ELECTIVE OFFICIALS. (a) 1. The board shall, before the earliest time for filing nomination papers for any elective office to be voted on in the county, other than supervisors and circuit jud…
Wis. Stat. § 59.23 Clerk
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59.23 Clerk. (1) DEPUTIES; SALARIES; VACANCIES. (a) Every clerk shall appoint in writing one or more deputies and file the appointment in the clerk’s office. The deputy or deputies shall aid in the performance of the duties of the clerk under the clerk’s direction, and in case of…
Wis. Stat. § 59.24 Clerks of counties containing state institutions to make claims in certain cases
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59.24 Clerks of counties containing state institutions to make claims in certain cases. The clerk of any county that is entitled to reimbursement under s. 16.51 (7) shall make a certified claim against the state, without direction from the board, in all cases in which the reimbur…
Wis. Stat. § 59.25 Treasurer
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59.25 Treasurer. (1) ELIGIBILITY. No person holding the office of sheriff, undersheriff, circuit judge, district attorney, clerk of the circuit court, clerk or member of the board shall be eligible to the office of treasurer or deputy treasurer. (2) DEPUTIES; OATH; SALARY; TEMPOR…
Wis. Stat. § 59.255 Comptroller
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59.255 Comptroller. (1) ELIGIBILITY. (a) No person may hold the office of comptroller unless he or she is either a certified public accountant, licensed or certified under ch. 442, or has a master’s degree or a doctorate degree in accounting or finance from a regionally accredite…
Wis. Stat. § 59.26 Sheriff; undersheriff
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59.26 Sheriff; undersheriff; deputies. (1) Within 10 days after entering upon the duties of the office of sheriff, the sheriff shall appoint some proper person, who is a resident of the county, undersheriff. However, in counties with a population of 750,000 or more the appointmen…
Wis. Stat. § 59.265 Sheriff; deputies
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59.265 Sheriff; deputies. (1) APPOINTMENT AND TENURE. (a) Not later than 10 days after taking office, subject to sub. (3), the sheriff shall appoint deputy sheriffs for the county as follows: 1. One for each city and village in the county that has 1,000 or more inhabitants. 2. On…
Wis. Stat. § 59.27 Sheriff; duties
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59.27 Sheriff; duties. The sheriff of a county shall do all of the following: (1) Take the charge and custody of the jail maintained by the county and the persons in the jail, and keep the persons in the jail personally or by a deputy or jailer. (2) Keep a true and exact register…
Wis. Stat. § 59.28 Peace maintenance; powers and duties of peace officers, cooperation
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59.28 Peace maintenance; powers and duties of peace officers, cooperation. (1) Sheriffs and their undersheriffs and deputies shall keep and preserve the peace in their respective counties and quiet and suppress all affrays, routs, riots, unlawful assemblies and insurrections; for…
Wis. Stat. § 59.29 Transportation, apprehension of criminals
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59.29 Transportation, apprehension of criminals. (1) TRANSPORTATION OF CRIMINALS THROUGH OTHER COUNTIES; REWARDS FOR THEIR APPREHENSION. (a) Any sheriff or other officer who has legally arrested any person in any county may pass across and through such parts of any other county o…
Wis. Stat. § 59.30 Not to act as attorney
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59.30 Not to act as attorney. No sheriff, undersheriff, deputy, coroner or medical examiner shall appear or practice as an attorney in any court, draw or fill up any writ, pleading or proceeding for a party in any action, nor, with the intent to be employed in the collection of a…
Wis. Stat. § 59.31 Service on sheriff; how made
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59.31 Service on sheriff; how made. Every writ, notice or other paper required to be delivered to or served on any sheriff may be served by leaving the same at the sheriff’s office during the hours it is required to be kept open; but if there is any person belonging to such offic…
Wis. Stat. § 59.32 Fees received by sheriff
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59.32 Fees received by sheriff. (1) SHERIFF; FEES. The sheriff shall collect the fees prescribed in s. 814.70, unless a higher fee is applicable under s. 814.705 (1) (a), and remit them to the treasurer as provided in s. 59.22 (1) (b). NOTE: Sub. (1) is shown as amended eff. 11-1…
Wis. Stat. § 59.33 Powers after term
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59.33 Powers after term. (1) Every undersheriff and deputy sheriff, compensated for services by fees or by part salary and part fees, may execute and return all writs, processes and orders in their hands at the expiration of the sheriff’s term of office and which the undersheriff…
Wis. Stat. § 59.34 Coroner, medical examiner duties; coroner, medical examiner compatibility
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59.34 Coroner, medical examiner duties; coroner, medical examiner compatibility. (1) CORONER; MEDICAL EXAMINER; DUTIES. The coroner shall do all of the following: (a) Participate in inquest proceedings when required by law, except that in any county with a population of 750,000 o…
Wis. Stat. § 59.35 Deputy coroner
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59.35 Deputy coroner. (1) Within 10 days after entering upon the duties of the office, the coroner shall appoint some proper person, who is a resident of the county, chief deputy coroner, and may appoint as many other deputy coroners as the coroner considers proper. The coroner m…
Wis. Stat. § 59.36 Coroner and medical examiner; fees
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59.36 Coroner and medical examiner; fees. The board shall set the fees for all services rendered by the coroner or medical examiner. The fees may not exceed an amount that is reasonably related to the actual and necessary cost of providing the service. History: 1983 a. 146; 1995 …
Wis. Stat. § 59.365 Moratorium on fee increases
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59.365 Moratorium on fee increases. (1) From July 14, 2015, to April 17, 2017, the board may not charge an amount that exceeds the amount that was actually charged on April 17, 2015, for any of the following fees: (a) Fees for services rendered by a coroner or medical examiner. (…
Wis. Stat. § 59.37 Service when no coroner
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59.37 Service when no coroner. Whenever there is a vacancy in the office of coroner, or when the coroner is absent from the county, sick or unable to perform the duties of that office, or for any reason, except the nonpayment of legal fees, refuses to serve and execute legal proc…
Wis. Stat. § 59.38 Medical examiner and assistants
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59.38 Medical examiner and assistants. (1) MEDICAL EXAMINER, ASSISTANTS; SALARIES; FEES; REPORT. The medical examiner and medical examiner’s assistants authorized by the board shall be paid out of the county treasury of the proper county, for the performance of all their official…
Wis. Stat. § 59.39 Coroner or medical examiner as funeral director, limitation
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59.39 Coroner or medical examiner as funeral director, limitation. No coroner, deputy coroner, medical examiner or assistant medical examiner who is a licensed funeral director, an owner or operator of a funeral establishment as defined in s. 445.01, or an employee of a funeral e…
Wis. Stat. § 59.40 Clerk of court
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59.40 Clerk of court. 59.40(1)(1) Clerk of court; deputies; chief deputy; division chief deputies; calendar deputy clerk in certain counties. 59.40(1)(a)(a) Counties of less than 750,000 population. Every clerk of the circuit court shall appoint one or more deputies and the appoi…
Wis. Stat. § 59.41 Not to act as attorney
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59.41 Not to act as attorney. No person acting as clerk of any circuit court in this state may practice as an attorney or solicitor in the court in which the person is acting as clerk; and the person shall not be eligible for the office of municipal judge during the time that the…
Wis. Stat. § 59.42 Corporation counsel
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59.42 Corporation counsel. 59.42(1)(1) Corporation counsel; certain counties. 59.42(1)(a)(a) Except as provided under par. (b), in counties not having a population of 750,000 or more, the board may employ a corporation counsel, and fix the salary of the corporation counsel. The c…
Wis. Stat. § 59.43 Register of deeds; duties, fees, deputies
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59.43 Register of deeds; duties, fees, deputies. (1b) DEFINITIONS. In this section: (a) “Document” includes a deed, mortgage, instrument, or writing. (b) “Legal description” means the description under sub. (2s) (a). (1bm) CONSTRUCTION OF STATUTES. The recording of a document wit…
Wis. Stat. § 59.44 County abstractor; appointment; duties; fees
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59.44 County abstractor; appointment; duties; fees. (1) (a) Except as provided under par. (b), whenever any county adopts a tract index system or any recognized chain of title system, the board may create a department to be known as an abstract department, either in connection wi…
Wis. Stat. § 59.45 County surveyor; duties, deputies, fees
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59.45 County surveyor; duties, deputies, fees. (1) SURVEYOR; DUTIES. (a) The county surveyor shall do all of the following: 1. Execute, personally or by a deputy, all surveys that are required by the county or by a court. Surveys for individuals or corporations may be executed at…
Wis. Stat. § 59.46 Penalty for nonfeasance
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59.46 Penalty for nonfeasance. Any county surveyor, any city, village, or town engineer, or any professional land surveyor who fails or refuses to perform any duty required of that person by law shall forfeit not less than $25 nor more than $50 for each such failure or refusal. H…
Wis. Stat. § 59.47 County auditors; powers; duties
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59.47 County auditors; powers; duties. (1) In every county, except as provided in s. 59.255 (2) (i), the clerk shall act as auditor, unless a separate office of county auditor is created as provided in sub. (2), and, when directed by resolution of the board, shall examine the boo…
Wis. Stat. § 59.48 County assessor
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59.48 County assessor. The county executive elected under s. 59.17 or the county administrator elected or appointed under s. 59.18 shall appoint a county assessor as prescribed in and subject to the limitations of s. 70.99, approve the hiring of the assessor’s staff as prescribed…