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2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.45 - Board of commissioners; powers.

33.45
Board of commissioners; powers.
(1)
The board of commissioners may develop and implement plans, projects or programs to do any or all of the following:
(a)
Improve the water quality and the scenic, economic and environmental value of the surface waters and the groundwaters of the county.
(b)
Protect or enhance the recreational use of the navigable waters of the county.
(c)
Coordinate and integrate, for efficient and effective cost management, any county programs or projects for the waters of the county that relate to any of the following:
1.
Surface water and groundwater quality.
2.
The recreational use of and public access to navigable waters.
3.
Water safety and boating regulations.
4.
Algae and aquatic plant management.
(d)
Reduce soil erosion and bring cropland soil erosion loss into conformance with s. 92.025.
(2)
The board of commissioners may develop and propose to the county board programs or projects to make improvements to the navigable waters in the county including, but not limited to, constructing and maintaining public boat launching facilities, maintaining park or other open natural areas adjacent to the navigable waters, implementing shoreline maintenance requests, maintaining and improving locks and dredging waterways.
(3)
The board of commissioners may create advisory committees as it considers necessary to apprise the board of commissioners of the information necessary to implement its duties and powers. The advisory committees may include, but are not limited to, representatives of the following: fishing groups; farmers; businesses; riparian and other real property owners; industry groups; public bodies; sailing clubs; boating clubs; environmentalists; scientists; conservationists; hunters; and water skiing, diving and other sports clubs.
(4)
The board of commissioners may promulgate any rules necessary to implement the duties and powers granted to the board of commissioners.
History:  1989 a. 324.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.455 - Regulation proposed by board of commissioners.

33.455
Regulation proposed by board of commissioners.
(1)
Ordinances and local regulations. The board of commissioners may propose to the county board the adoption, modification or rescission of any ordinance or local regulation relating to boating, recreation or safety upon the navigable waters of the county.
(2)
Minimum standards. The board of commissioners may propose to the county board minimum standards for local regulations and ordinances for municipalities and the county to protect and rehabilitate the water quality of the surface waters and groundwaters of the county that relate to any of the following:
(a)
The environmental control of land surfaces, which includes, but is not limited to, one or more of the following:
1.
Erosion control.
2.
Construction site control.
3.
Zoning of shorelands, wetlands and floodplains.
4.
Subdivision of land under ch. 236.
5.
Environmental control of agricultural land.
6.
Other conservation programs or projects that relate to the environmental control of land surfaces.
(b)
The maintenance of property owned or maintained by a municipality, including public ways and shorelands.
(3)
Adoption by county board.
(a)
Subject to the requirements under s. 281.33 (3m), the county board may adopt a minimum standard, an ordinance or a local regulation, or a modification to or rescission of an ordinance or a local regulation, as proposed by the board of commissioners under sub. (1) or (2).
(b)
Notwithstanding s. 30.77 (3) (a), an ordinance, local regulation or minimum standard as adopted by the county board under this section shall apply to the county and to any municipality partially or totally within the county and shall supersede any less restrictive and conflicting provision of a minimum standard, ordinance or local regulation adopted by a municipality.
History:  1989 a. 324; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.457 - Implementation plan.

33.457
Implementation plan.
(1)
The board of commissioners shall develop an implementation plan, with the advice of the Dane County Regional Planning Commission, and shall submit the plan to the presiding officers of each house of the legislature, the chairperson of the county board and the county executive of the county by July 1, 1992.
(2)
The implementation plan shall include all of the following:
(a)
Minimum standards for shoreland, floodplain and wetland zoning ordinances to control polluting activities.
(b)
Storm drainage system plans that incorporate water quality protection measures to the maximum extent feasible.
(c)
Minimum standards in urban areas for street sweeping, salt usage reduction, shoreline maintenance and leaf collection.
(d)
Plans for bringing cropland soil erosion loss into conformance with the standards in s. 92.025.
(e)
Barnyard and feedlot runoff and waste management control plans.
(f)
Minimum standards for construction site erosion control ordinances. Minimum standards under this paragraph that are applicable to activities regulated under s. 281.33 (3) shall strictly conform with applicable uniform statewide standards established under s. 281.33 (3).
(g)
Standards for algae and aquatic plant management.
(h)
Proposals to finance the effectuation of the implementation plan.
(3)
The implementation plan may include recommendations for any of the following:
(a)
Dredging and maintenance of navigability of waterways.
(b)
Operation of navigation locks and control of water levels and flow.
(c)
Maintenance, protection and improvement of shorelines, banks and beds of navigable waters.
(cm)
Protection of banks of nonnavigable streams, wetlands, groundwater recharge areas and other areas significant to environmental quality.
(d)
Access to shoreline recreational areas and facilities.
(e)
Water safety, navigational and boating regulations.
(f)
Research activities and feasibility studies.
(4)
Within 3 months after the implementation plan is developed and submitted under sub. (1), the department and the designated planning agency under s. 281.51 that covers the county shall evaluate the implementation plan to determine whether it is consistent with the criteria for water quality planning under s. 281.51 and whether the plan is adequate to:
(a)
Protect and rehabilitate the water quality of the surface waters and the groundwaters of the county.
(b)
Protect and enhance the recreational use of the navigable waters of the county.
(c)
Increase water and boating safety on the navigable waters of the county.
History:  1989 a. 324; 1995 a. 227; 1997 a. 252; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.46 - Budget proposals.

33.46
Budget proposals.
(1)
Procedures.
(a)
Annually, the board of commissioners shall prepare a proposed budget for the commission's activities for plans, programs or projects under this subchapter as follows:
1.
The budget shall list all anticipated revenue from all sources during the ensuing year and shall list all proposed appropriations for each activity and reserve account for the ensuing year. The budget shall also show actual revenues and expenditures for the preceding year, if applicable, actual revenue and expenditures for the current year and estimated revenues and expenditures for the balance of the current year. The budget shall also show for informational purposes by fund all anticipated unexpended or unappropriated balances and all surpluses.
2.
A summary of the budget, a notice of the place where a copy of the budget is located for public inspection and a notice of the time and place for a public hearing on the budget shall be published as a class 1 notice under ch. 985 in the county at least 15 days before the public hearing.
3.
The summary required under subd. 2. shall include all of the following for the proposed budget, for the budget in effect and for the budget of the preceding year, if applicable:
a.
All expenditures, by major expenditure category.
b.
All revenues by major revenue source.
c.
Any financing source and use not included under subd. 3. a. and b.
d.
All beginning and year-end fund balances.
(b)
Not less than 15 days after the publication of the summary of the budget and of the notices required under par. (a) 2., the board of commissioners shall hold a public hearing at the time and place specified in the notice. At the hearing, any resident or taxpayer of the county shall have the opportunity to be heard on the proposed budget. The budget hearing may be adjourned from time to time. At the hearing, the board of commissioners may adopt changes to the budget.
(c)
After the public hearing, the board of commissioners shall submit the proposed budget to the county for incorporation in the county's budget to be subject to any review procedures that apply to the county budget under ss. 59.60 and 65.90.
(2)
Taxes; special assessments; special charges; fees. As part of the commission's budget, the board of commissioners may propose that the county board levy or impose any of the following:
(a)
A tax upon all taxable real property in the county for the costs of operation of the commission for each fiscal year.
(b)
Special assessments or special charges under s. 33.47.
(c)
Fees that the county is empowered to charge under ss. 30.77 (3) (e), 33.475 and 59.54 (2).
History:  1989 a. 324; 1995 a. 201.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.47 - Special assessments and special charges.

33.47
Special assessments and special charges.
(1)
The county board may levy special assessments or special charges to implement programs or projects undertaken under this subchapter as an exercise of the county's police power.
(1m)
The county board shall determine the boundaries of any area within which any special assessment or special charge will be levied.
(2)
The county board shall determine the total amount of any special assessment or special charge to be levied.
(3)
The board of commissioners shall make a recommendation to the county board regarding the manner in which any special assessment or a special charge to be levied will be apportioned to real property that is benefited within the area determined under sub. (1m).
(4)
The county board shall apportion any special assessment or special charge it levies to real property within the county on a reasonable basis.
(5)
Any special assessment or special charge levied shall be in accordance with ss. 66.0627 and 66.0703 to the extent that those sections are applicable to and not in conflict with this subsection.
(6)
The county board may allow annual installment payments of special assessments, but not to exceed 10 in number.
(7)
Real property located in the county that is owned by any county or a municipality is subject to special assessments and special charges. The procedure for collecting special assessments under s. 33.32 (3) (b) shall apply to collections of special assessments and special charges under this subsection.
(8)
Outstanding unpaid assessments on privately owned real property shall be paid in full by any public body, including the state, that purchases the real property.
History:  1989 a. 324; 1999 a. 150.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.475 - Boating fees.

33.475
Boating fees.
Notwithstanding the prohibition in s. 30.77 (1) against ordinances and local regulations that exclude any boat from the free use of the waters of the state, and in addition to the powers granted the county under ss. 30.77 (3) (e) and 59.54 (2), the county may charge boat operators reasonable fees for the costs of providing other recreational boating services not specified in ss. 30.77 (3) (e) and 59.54 (2).
History:  1989 a. 324; 1993 a. 167; 1995 a. 201.
The delegation of authority to local governments to collect boater fees for miscellaneous “recreational boating services" under ss. 30.77 (3) (e) 1. c. and 33.475 is unconstitutional. 79 Atty. Gen. 185.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.48 - Continued expenditure level by county and municipalities.

33.48
Continued expenditure level by county and municipalities.
The county or a municipality within the county may not reduce in any fiscal year its expenditures relating to environmental control of land surfaces below the expenditures it made in the fiscal year ending in 1990 if the county or the municipality makes the expenditures for the purposes of protecting or rehabilitating the quality of the surface waters and the groundwaters of the county. These expenditures include, but are not limited to, spending for erosion control, for construction site control, for environmental control of agricultural land and for conservation programs or projects but do not include extraordinary or nonrecurring expenses for these purposes.
History:  1989 a. 324.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.53 - Definitions.

33.53
Definitions.
In this subchapter:
(1)
“Board of commissioners" means the board of commissioners of the commission.
(2)
“Commission" means the Southeastern Wisconsin Fox River Commission created under s. 33.54.
(3)
“Commissioner" means a member of the board of commissioners.
(5)
“County board" means the county board of a river county.
(6)
“Municipality" means any city, village or town.
(6m)
“River county" means Kenosha County, Racine County or Waukesha County or any county in the Illinois Fox River basin that is designated by the commission under s. 33.57 (5).
(7)
“River municipality" means any of the following municipalities that is located in a river county:
(a)
The city of Waukesha.
(b)
The town of Waukesha.
(c)
The village of Waterford.
(d)
The town of Waterford.
(e)
The village of Big Bend.
(f)
The town of Vernon.
(g)
The town of Mukwonago.
(h)
The village of Mukwonago.
(i)
The village of Rochester.
(j)
The town of Burlington.
(k)
The city of Burlington.
(L)
The town of Wheatland.
(m)
The town of Salem.
(n)
The village of Silver Lake.
(o)
Any city, village, or town in a river county that is designated by the commission under s. 33.57 (5).
(8)
“Surface waters" include surface water in drainage ditches.
History:  1997 a. 27; 2015 a. 226.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.54 - Creation, funding.

33.54
Creation, funding.
There is created a Southeastern Wisconsin Fox River Commission for the Illinois Fox River basin. For the purposes of this subchapter, the Illinois Fox River basin extends from the northern boundary of the city of Waukesha downstream to the Wisconsin-Illinois border, except that the commission may extend this area by an affirmative vote of the majority of voting commissioners. The board of commissioners shall govern the commission. A county or river municipality may appropriate money to the commission. The commission, a river county or a river municipality may solicit gifts, grants, and other aid for the commission to enable the commission to perform the functions in this subchapter.
History:  1997 a. 27; 2015 a. 226.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.56 - Board of commissioners; duties.

33.56
Board of commissioners; duties.
The board of commissioners shall do all of the following:
(1)
Initiate and coordinate surveys and research projects for the purpose of gathering data relating to the surface waters and groundwaters of the Illinois Fox River basin that are located in a river municipality.
(2)
Maintain a liaison with agencies of the federal, state and local governments and other organizations that are involved in programs or projects designed to protect, rehabilitate and manage water resources.
(3)
Develop a public information and education program on issues related to the surface waters and groundwaters of the Illinois Fox River basin that are located in a river municipality.
History:  1997 a. 27; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.57 - Board of commissioners; powers.

33.57
Board of commissioners; powers.
The board of commissioners may do all of the following:
(1)
Develop and implement plans, projects or programs to do any of the following:
(a)
Improve the water quality and the scenic, economic and environmental value of the surface waters and the groundwaters of the Illinois Fox River basin that are located in a river municipality.
(b)
Protect or enhance the recreational use of the navigable waters of the Illinois Fox River basin that are located in a river municipality.
(c)
Coordinate and integrate, for efficient and effective cost management, any county programs or projects for the waters of the river county that relate to any of the following:
1.
Surface water and groundwater quality of the Illinois Fox River basin that is located in a river municipality.
2.
The recreational use of and public access to navigable waters of the Illinois Fox River basin that is located in a river municipality.
3.
Water safety and boating regulations for the Illinois Fox River basin that is located in a river municipality.
(2)
Develop and propose to the county board programs or projects to make improvements to the navigable waters in the Illinois Fox River basin that is located in a river municipality, including constructing and maintaining public boat launching facilities, maintaining park or other open natural areas adjacent to the navigable waters, implementing shoreline maintenance requests, maintaining and improving locks and dredging waterways.
(3)
Create advisory committees as it considers necessary to apprise the board of commissioners of the information necessary to implement its duties and powers. The advisory committees may include representatives of the following: fishing groups; farmers; businesses; riparian and other real property owners; industry groups; public bodies; sailing clubs; boating clubs; environmentalists; scientists; conservationists; hunters; and water skiing, diving and other sports clubs.
(4)
Adopt any rules necessary to implement the duties and powers granted to the board of commissioners.
(5)
Designate as a river municipality or river county, by an affirmative vote of the majority of voting commissioners, a town, village, city, or county that requests through a resolution adopted by its governing body to be designated as being under the commission's jurisdiction.
History:  1997 a. 27; 2015 a. 226.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.58 - Regulation proposed by board of commissioners.

33.58
Regulation proposed by board of commissioners.
(1)
Ordinances and local regulations. The board of commissioners may propose to the governing body of a river municipality the adoption, modification or rescission of any ordinance or local regulation relating to boating, recreation or safety upon the navigable waters of the Illinois Fox River basin that is located in a river municipality.
(2)
Minimum standards. The board of commissioners may propose to the governing body of a river municipality minimum standards for local regulations and ordinances for municipalities to protect and rehabilitate the water quality of the surface waters and groundwaters of the Illinois Fox River basin that are located in a river municipality.
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.59 - Implementation plan.

33.59
Implementation plan.
(1)
The board of commissioners shall develop an implementation plan by April 1, 1998, and shall submit the plan to the department of natural resources, the county planning agency, the chairperson of the county board and the county executive of the river county by April 1, 1998.
(2)
With regard to the Illinois Fox River basin that is located in a river municipality, the implementation plan shall include all of the following:
(a)
A plan for, including the method of payment for, an engineering study to determine areas for selective dredging, including the dredging of selective shallow areas of the impoundment area in Waterford.
(b)
A plan for clearing channels of fallen trees and other debris.
(c)
A water use plan.
(d)
A plan for operating the Waterford Dam with a winter drawdown level.
(e)
A plan for streambank erosion protection.
(f)
A plan for automating the Waterford Dam with upstream sensors.
(g)
A plan for maintenance, protection and improvement of shorelines, banks and beds of navigable waters.
(h)
A plan for access to shoreline recreational areas and facilities.
(i)
Water safety, navigational and boating regulations.
(3)
Within 3 months after the implementation plan is developed and submitted under sub. (1), the department and the designated planning agencies under s. 281.51 that cover each river county shall evaluate the implementation plan to determine whether it is consistent with the criteria for water quality planning under s. 281.51 and whether the plan is adequate to:
(a)
Protect and rehabilitate the water quality of the surface waters and the groundwaters of the Illinois Fox River basin that are located in a river municipality.
(b)
Protect and enhance the recreational use of the navigable waters of the Illinois Fox River basin that are located in a river municipality.
(c)
Increase water and boating safety on the navigable waters of the Illinois Fox River basin that are located in a river municipality.
History:  1997 a. 27; 2015 a. 226.
2023 Wisconsin Statutes & Annotations › Chapter 33 - Public inland waters. › 33.60 - Budget proposals.

33.60
Budget proposals.
(1)
(a)
The commission's fiscal year shall commence July 1 of each year and end June 30 of the following year. Annually, the board of commissioners shall prepare a proposed budget for the commission's activities, plans, programs, or projects under this subchapter.
(b)
The budget shall include all of the following elements:
1.
A list of all anticipated revenue from all sources during the upcoming year.
2.
A list of all proposed appropriations for each activity and reserve account for the upcoming year.
3.
Actual revenues and expenditures for the preceding year, if applicable.
4.
Actual revenue and expenditures for the current year.
5.
Estimated revenues and expenditures for the balance of the current year.
6.
A list, by fund, of all anticipated unexpended or unappropriated balances and all surpluses.
(c)
The commission shall publish as a class 1 notice under ch. 985 in Racine County and in Waukesha County, at least 15 days before the public hearing, a summary of the budget, a notice of the place where a copy of the budget is located for public inspection and a notice of the time and place for a public hearing on the budget.
(d)
The summary required under par. (c) shall include all of the following for the proposed budget, for the budget in effect and for the budget of the preceding year, if applicable:
1.
All expenditures, by major expenditure category.
2.
All revenues, by major revenue source.
3.
Any financing source and use not included under subds. 1. and 2.
4.
All beginning and year-end fund balances.
(2)
Not less than 15 days after publication of the summary of the budget and of the notices required under sub. (1) (c), the board of commissioners shall hold a public hearing at the time and place specified in the notice. At the hearing, any resident or taxpayer of a river county shall have the opportunity to be heard on the proposed budget. The budget hearing may be adjourned from time to time. At the hearing, the board of commissioners may adopt changes to the budget.
(3)
After the public hearing, the board of commissioners shall submit the proposed budget to Racine County, Waukesha County, and Kenosha County for incorporation into each river county's budget to be subject to any review procedures that apply to a county budget under ss. 59.60 and 65.90.
History:  1997 a. 27, 252; 2015 a. 226.
2023 Wisconsin Statutes & Annotations › Chapter 34 - Public deposits. › 34.03 - Powers of the division of banking.

34.03
Powers of the division of banking.
The division of banking may do any of the following:
(1)
Make and enforce rules necessary for the implementation of this chapter.
(2)
Require any public depository or the trustees of segregated trusts created by banks for the benefit of public depositors to furnish information upon request. Any public depository which refuses or neglects to give any information so requested shall be excluded from the right to receive public deposits. Information obtained under this subsection may not be disclosed by the division of banking unless disclosed as provided in s. 220.06.
(3)
Take such action as the division deems necessary or appropriate for the protection, collection, compromise or settlement of any claim against or in favor of the appropriation under s. 20.144 (1) (a).
(4)
Exercise all powers reasonably necessary and proper to the full and complete performance of the division's functions under this chapter, including but not limited to ordinary powers granted corporations.
History:  1985 a. 25; 1995 a. 27.
Legislative Council Note, 1985: This section is repealed and recreated in order to remove the following powers of the commissioner of banking related to the operation of the state deposit guarantee fund:
Contracting for reinsurance of the fund to protect it against excessive loss.
Fixing the rate of payment into the fund.
Levying and collecting penalties.
Prescribing rules for the qualification of credit unions, banks and savings and loan associations as public depositories and fixing terms and conditions under which public deposits may be held.
Fixing the official date on which losses shall be deemed to have been incurred. With respect to this power, see proposed s. 34.08 and the NOTE following that treatment.
The section also provides that information obtained from public depositories by the commissioner of banking may not be disclosed by the commissioner unless the information is disclosed as provided in s. 220.06. That section of the statutes provides, in part, that the commissioner of banking, officers and employees of the office of the commissioner and members and employees of the banking review board are bound by oath to keep secret all facts and information obtained in the course of examinations except in specified circumstances. [85 Act 25]
2023 Wisconsin Statutes & Annotations › Chapter 34 - Public deposits. › 34.045 - Secretary of administration.

34.045
Secretary of administration.
(1)
The secretary of administration or his or her designee shall:
(a)
Establish procedures for the selection of public depositories by state agencies and departments and procedures for contracting for the reasonable and necessary depository services by state agencies and departments and may direct the combination or division of services so as to provide convenient and cost efficient services.
(b)
Establish procedures by which state agencies and departments pay for services through compensating balances or fees, or a combination of both methods.
(bm)
Maintain compensating balances, or direct the investment board to pay bank service costs as allocated by the secretary of administration under s. 25.19 (3) directly from the income account of the state investment fund, or by a combination of such methods.
(e)
Require utilization of competitive bidding under s. 16.75 in the designation of all state public depositories and in contracting for depository services.
(f)
Establish by rule minimum depository operational requirements that any institution must meet prior to being considered as eligible to submit any proposal to serve as a public depository or to provide services.
(g)
Upon request of any state agency or department, provide assistance in the selection of a depository.
(2)
The secretary of administration or his or her designee shall require any state department or agency to submit to him or her for prior review, elimination, consolidation, renegotiation, or confirmation any existing service contract or service proposed by the department or agency.
(3)
The secretary of administration or his or her designee may, for cause, disapprove any contract submitted under sub. (2) if he or she finds the proposed contract to be in violation of the guidelines established under sub. (1), or to have been improperly negotiated or to be otherwise illegal. If the secretary of administration or his or her designee fails to disapprove a proposed contract within 60 days after it is submitted by the department or agency, the contract shall be deemed approved. The secretary of administration or his or her designee shall provide written justification for disapproving a contract proposed by a state agency or department. A disapproval is subject to judicial review under ch. 227.
(4)
State agencies and departments shall provide the secretary of administration or his or her designee with a written justification for any proposed contract award for service.
History:  1977 c. 418; 1979 c. 136; 1983 a. 368; 1989 a. 31; 1993 a. 16; 2003 a. 33, 320; 2009 a. 28; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 34 - Public deposits. › 34.06 - Liability of treasurers.

34.06
Liability of treasurers.
Notwithstanding any other provision of law, a treasurer who deposits public moneys in compliance with s. 34.05 is thereby relieved of liability for any loss of public moneys which results from the failure of any depository to repay the public depositor the full amount of its deposits thus causing a loss as defined in s. 34.01 (2).
History:  1983 a. 189 s. 329 (21); 1985 a. 25; 2011 a. 204.
Legislative Council Note, 1985: This section is amended to retain the immunity to liability for treasurers of public depositors who comply with s. 34.05. This section is amended to remove references to bonds or security since this bill amends s. 34.07 to permit a public depositor to require a bond or other security for public deposits. Further, this section is amended to shorten the listing of treasurers by making use of the defined term in s. 34.01 (7). In making use of the term “treasurer", this subsection specifically includes the treasurer (or clerk, in the case of a court) of:
A cooperative educational service agency.
Any court of Wisconsin.
A corporation organized under s. 39.33, by the Wisconsin higher educational aids board, to provide for a guaranteed student loan program.
The housing and economic development authority.
The bodies listed above are included in the definition of “public depositor" in s. 34.01 (4), but are not listed in current s. 34.06. [85 Act 25]
2023 Wisconsin Statutes & Annotations › Chapter 34 - Public deposits. › 34.07 - Security.

34.07
Security.
A surety bond or other security, including an irrevocable letter of credit issued by a federal home loan bank, state bank, national bank, federal or state savings bank, federal or state credit union, or federal or state savings and loan association, may be required of or given by any public depository for any public deposits that exceed the amount of deposit insurance provided by an agency of the United States and the coverage provided under s. 34.08 (2).
History:  1985 a. 25; 2005 a. 134; 2017 a. 340.
Legislative Council Note, 1985: This section is amended to provide that a surety bond or other security may be required of or given by a public depository for any public deposits for the amount of deposits that exceeds the deposit insurance for each account and the $400,000 amount for all accounts available under s. 34.08 (2). The amendment removes the prohibition on the use of a bond or other security by a public depository which is seeking public deposits. [85 Act 25]
2023 Wisconsin Statutes & Annotations › Chapter 34 - Public deposits. › 34.08 - Payment of losses.

34.08
Payment of losses.
(1)
Except as provided in sub. (2), the appropriation in s. 20.144 (1) (a) shall be used to repay public depositors for losses until the appropriation is exhausted.
(2)
Payments under sub. (1) shall be made in the order in which satisfactory proofs of loss are received by the division of banking. The payment made to any public depositor for all losses of the public depositor in any individual public depository may not exceed $400,000 above the amount of deposit insurance provided by an agency of the United States at the public depository that experienced the loss. Upon a satisfactory proof of loss, the division of banking shall direct the department of administration to draw its warrant payable from the appropriation under s. 20.144 (1) (a) and the secretary of administration shall pay the warrant under s. 16.401 (4) in favor of the public depositor that has submitted the proof of loss.
(3)
Losses become fixed as of the date of loss. A public depositor experiencing a loss shall, within 60 days of the loss, assign its interest in the deposit, to the extent of the amount paid under this section, to the division of banking. Upon failure to make the assignment, the public depositor shall forfeit its right to payment under this section. Any recovery made by the division of banking under the assignment shall be repaid to the appropriation under s. 20.144 (1) (a).
History:  1985 a. 25; 1995 a. 27; 2003 a. 33; 2005 a. 134.
Legislative Council Note, 1985: This section is repealed and recreated to prospectively abolish the state deposit guarantee fund. See also the amendment of s. 34.06 and the NOTE following that treatment.
Subs. (1) and (2) provide that the pledge of state general purpose revenues to the existing state deposit guarantee fund in s. 20.124 (1) (a), will be used to repay public depositors for losses until the appropriation is exhausted. Payments are to be made in the order in which satisfactory proofs of loss are received by the commissioner of banking and are limited to no more than $400,000 above the amount of applicable federal deposit insurance or insurance provided by the Wisconsin Credit Union Savings Insurance Corporation.
Sub. (3) continues the substance of present s. 34.08 (3) by providing that a public depositor must, within 60 days of a loss, assign its interest in the deposit, to the extent of payments made under this section, to the commissioner of banking. Upon the failure to make this assignment, the public depositor loses its right to payment. The subsection also specifically provides that a recovery made by the commissioner of banking under an assignment must be repaid to the treasury for future use under s. 20.124 (1) (a). [85 Act 25]
2023 Wisconsin Statutes & Annotations › Chapter 34 - Public deposits. › 34.09 - Financial institutions eligible as public depositories.

34.09
Financial institutions eligible as public depositories.
Every federal or state credit union, state bank, federal or state savings and loan association, savings and trust company and federal or state savings bank and every national bank may be designated as a public depository and may receive and hold public deposits, subject to this chapter, if the financial institution has a branch or main office located in this state, complies with this chapter with respect to public deposits and accepts payments made by the state under s. 16.412. The division of banking has the same powers and duties with regard to making and continuing public deposits in national banks, federal and state credit unions, federal and state savings banks and federal and state savings and loan associations as the powers and duties exercised and performed by the division of banking with regard to public deposits in state banks.
History:  1975 c. 180, 421; 1981 c. 20; 1981 c. 390 s. 252; 1983 a. 368; 1985 a. 25; 1991 a. 221; 1995 a. 27, 336.
Legislative Council Note, 1985: This section is amended to provide that a public depository is not required to file with the commissioner of banking an agreement that it will pay specified sums to the state deposit guarantee fund. This provision is no longer necessary since the state deposit guarantee fund is prospectively abolished in this bill. Section 34.09 also is amended to remove references to the authority of the commissioner of banking to specify qualifications for, and conditions on, public depositories. The bill removes this authority in the repeal and recreation of s. 34.03.
Also, in s. 34.09 instead of providing that every financial institution in Wisconsin which “complies in all respects as to public deposits with this chapter and which accepts payments made by the state under s. 16.412", the phrase “complies in all respects as to public deposits with this chapter and will accept payments made by the state under s. 16.412" has been substituted. The significance of the change is that financial institutions need not actually accept payments by the state under s. 16.412, in order to be eligible as public depositories. Instead, financial institutions must accept these payments only if made, in order to be eligible as public depositories. [85 Act 25]
2023 Wisconsin Statutes & Annotations › Chapter 34 - Public deposits. › 34.095 - Certain foreign financial institutions ineligible as public depositories.

34.095
Certain foreign financial institutions ineligible as public depositories.
Whenever the ownership, control or power to vote a majority interest in the stock of any state or national bank, savings bank or savings and loan association doing business in Wisconsin is held or in any manner exercised by any foreign corporation, association or trust, which has not filed its articles of incorporation and obtained authority to do business in this state as provided in ss. 180.1501 and 180.1503 to 180.1507, such bank, savings bank or savings and loan association shall not be qualified to act as a public depository for any public moneys, nor as a depository for reserve funds of state banks until ss. 180.1501 and 180.1503 to 180.1507 are complied with by the foreign corporation, association or trust.
History:  1975 c. 180; 1989 a. 303; 1991 a. 221.
2023 Wisconsin Statutes & Annotations › Chapter 34 - Public deposits. › 34.10 - Reorganization and stabilization of financial institutions.

34.10
Reorganization and stabilization of financial institutions.
Whenever the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal deposit insurance corporation, or division of banking has taken charge of a credit union, bank, savings bank, or savings and loan association with a view of restoring its solvency, pursuant to law, or with a view of stabilizing and readjusting the structure of any national or state credit union, bank, savings bank, or savings and loan association located in this state, and has approved a reorganization plan or a stabilization and readjustment agreement entered into between the credit union, bank, savings bank, or savings and loan association and depositors and unsecured creditors, or when a credit union, bank, savings bank, or savings and loan association, with the approval of the office of credit unions, administrator of federal credit unions, U.S. comptroller of the currency, federal deposit insurance corporation, or division of banking proposes to sell its assets to another credit union, bank, savings bank, or savings and loan association which agrees to assume a part or all of the deposit liability of such selling credit union, bank, savings bank, or savings and loan association and to pay the same on a deferred payment basis, the governing board of the public depositor may, on the approval of the division of banking, join in the execution of any reorganization plan, or any stabilization and readjustment agreement, or any depositor's agreement relative to a proposed sale of assets if, in its judgment and that of the division of banking, the reorganization plan or stabilization and readjustment agreement or proposed sale of assets is in the best interest of all persons concerned. The joining in any reorganization plan, or any stabilization and readjustment agreement, or any proposed sale of assets which meets the approval of the division of banking does not waive any rights under this chapter.
History:  1975 c. 180; 1983 a. 368; 1991 a. 221; 1995 a. 27; 1999 a. 9; 2003 a. 33; 2021 a. 241.
2023 Wisconsin Statutes & Annotations › Chapter 34 - Public deposits. › 34.105 - Withdrawal of public funds.

34.105
Withdrawal of public funds.
(1)
Withdrawal or disbursement by a treasurer of any county, city, village, town, school district or cooperative educational service agency of moneys deposited in a public depository shall be made as provided by s. 66.0607 (1) to (5). “Treasurer" as used in this subsection means only the elected, appointed or acting official treasurer of a county, city, village, town, school district or cooperative educational service agency and does not include all of the other persons within the definition of that term in s. 34.01 (7). This section does not affect s. 67.10 (2).
(2)
Withdrawal or disbursement of moneys deposited in a public depository by treasurers as defined in s. 34.01 (7), except those mentioned in sub. (1) shall be as provided in s. 66.0607 (6).
History:  1979 c. 301; 1999 a. 150 s. 672.
2023 Wisconsin Statutes & Annotations › Chapter 34 - Public deposits. › 34.11 - Penalties.

34.11
Penalties.
Any person who willfully violates ss. 34.01 to 34.10, or any orders or rules promulgated by the division of banking under said sections, shall for each such offense be fined not more than $500 or imprisoned not more than 6 months, or both.
History:  1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 35 - Publication and distribution of laws and public documents. › 35.001 - Definitions.

35.001
Definitions.
As used in this chapter:
(1)
“Contract printer" is the person under contract to do public printing, other than printing of the 5th class.
(2)
“Department" means the department of administration.
(2m)
“Printing" includes all public printing by means of graphic reproduction by whatever process and the necessary materials and binding. The term also includes reproduction of a document in optical disc format whenever the publishing state agency is authorized to reproduce and determines to reproduce copies of a document in optical disc format in lieu of printed format.
(4)
“State agencies" includes departments, boards, commissions, bureaus, and institutions, except that “state agencies" does not include the Board of Regents of the University of Wisconsin System.
History:  1977 c. 26; 1983 a. 189; 2005 a. 25; 2007 a. 20; 2015 a. 55, 196; 2017 a. 364.
GENERAL
2023 Wisconsin Statutes & Annotations › Chapter 35 - Publication and distribution of laws and public documents. › 35.01 - Public printing; definition and classification.

35.01
Public printing; definition and classification.
Public printing is divided into 7 classes:
(1)
Class 1 — All legislative printing and the Laws of Wisconsin.
(2)
Class 2 — Wisconsin statutes and Blue Book.
(3)
Class 3 — All book printing required for state agencies, not otherwise classified, except the Wisconsin Magazine of History and books of the historical society.
(4)
Class 4 — All job printing and all printing not otherwise classified.
(5)
Class 5 — Legal notices.
(7)
Class 7 — Printing for state agencies located outside the city of Madison.
(8)
Class 8 — Specialty printing as defined in s. 35.64 (2), yearbooks, and similar student publications not funded by student fees or student organization income and book printing excluded from class 3 under sub. (3).
History:  1975 c. 39, 198; 1979 c. 34, 175; 1983 a. 192; 1991 a. 39; 2005 a. 25; 2009 a. 143; 2013 a. 20; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 35 - Publication and distribution of laws and public documents. › 35.012 - State printing; exception.

35.012
State printing; exception.
All printing contracted for under this chapter, except statutes of the 2nd class, yearbooks, and other similar student publications not funded by student fees or student organization income, printing of the 5th and 7th classes, and such copyrighted or patented or printing specialties not available for production within this state, shall be printed in this state. Printing contracted for under this chapter which is required under this section to be printed in this state may be done in another state if the laws of that state allow printing contracted for under its laws to be done in this state.
History:  1975 c. 39; 1979 c. 34; 1985 a. 29; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 35 - Publication and distribution of laws and public documents. › 35.015 - Exempt printing.

35.015
Exempt printing.
(2)
Any printing for a single job which the department determines may be printed at a cost less than $50, other than stationery required for the use of the state, printing authorized and required by the legislature to be done for its use, or printing authorized and required by law to be done for the state, is not subject to this chapter.
(3)
Printing is exempt from this chapter when the department exercises the discretion vested in s. 16.82 (4) to determine what printing shall be done by the state itself and what shall be contracted and when printing of forms is done by prison industries, as created under s. 303.01 (1).
History:  1975 c. 39, 200; 1981 c. 350; 1989 a. 31; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 35 - Publication and distribution of laws and public documents. › 35.03 - Powers of department.

35.03
Powers of department.
The department shall:
(1)
Let contracts for public printing and for the purchase of paper in the manner provided in this chapter.
(2)
Receive printer's copy and requisitions for public printing from parties authorized by law to present them.
(3)
Deliver such copy to the contract printer with written orders that the copy be printed.
(4)
Direct the manner, form, style, quantity and method, when these are not expressly prescribed by law, of printing for state agencies except printing of the first class; and provide editorial services to state agencies in the preparation of copy for the printer.
(5)
Promulgate rules for the conduct of business.
(6)
Make reports to the joint committee on finance setting forth the cost of the public printing during the preceding fiscal term, with recommendations of any retrenchments that can be made therein.
(7)
Order such further editions as may be necessary to supply demands whenever any original edition of the Laws of Wisconsin, or Wisconsin statutes, proves inadequate to meet the estimated future demands therefor, but no reprinting shall occur after the original type or plates have been distributed or rearranged. Such reprints shall be charged to the same appropriation as the original editions.
(8)
In solicitation of bids, subdivide classes of printing, creating additional classes, or change printing from one class to another in establishing contracts, whenever the department determines that further or different classification will benefit the state.
(9)
Furnish the paper to be used by contract printers or, when it is more economical, purchase paper from contract printers.
History:  1971 c. 125; 1989 a. 359; 1991 a. 39; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 35 - Publication and distribution of laws and public documents. › 35.035 - Printing costs and charges.

35.035
Printing costs and charges.
(1)
Unless otherwise provided, the department shall charge the cost of printing, including related materials and printing services, of all publications authorized or directed by law to be published to the state agencies responsible for submitting the publications.
(2)
The department may contract with state agencies for the printing of agency publications, for which publication is not required by law, on the basis of the cost of such printing.
(3)
The department shall receive full payment for the cost of printing publications of state agencies from the appropriate agencies.
(4)
In this section, “state agencies" includes all departments as defined in s. 16.002 (2), the legislature, the courts, and the legislative and judicial branch agencies. In this section, “state agencies" does not include the Board of Regents of the University of Wisconsin System.
History:  1979 c. 34; 1983 a. 189 s. 329 (27); 2015 a. 55.