Wis. Stat. § 59.03
Home rule
59.03 Home rule. (1) ADMINISTRATIVE HOME RULE. Every county the reasonable expenses incurred by it in rendering the county may exercise any organizational or administrative power, services assumed. Such expenses may be certified, returned and subject only to the constitution and to any enactment of the legis- paid as are other county charges, and in the case of services per- lature which is of statewide concern and which uniformly affects formed under a proposal for the consolidation thereof initiated by every county. the board and made available to each municipality in the county on the same terms, the expenses thereof shall be certified, re- (2) CONSOLIDATION OF MUNICIPAL SERVICES, HOME RULE, turned and paid as county charges; but in the event that every mu- METROPOLITAN DISTRICT. (a) Subject to s. 59.794 (2) and (3) nicipality in the county accepts the proposal of the board, the ex- and except as elsewhere specifically provided in these statutes, penses thereof shall be paid by county taxes to be levied and col- the board of any county is vested with all powers of a local, leg- lected as are other taxes for county purposes. The municipalities islative and administrative character, including without limitation are vested with all necessary power to do the things herein re- because of enumeration, the subject matter of water, sewers, quired, and to do all things and to exercise or relinquish any of the streets and highways, fire, police, and health, and to carry out powers herein provided or contemplated. The procedure pro- these powers in districts which it may create for different pur- vided in this subsection for the request or acceptance of the exer- poses, or throughout the county, and for such purposes to levy cise of the powers conferred on the board in cities and villages is county taxes, to issue bonds, assessment certificates and im- hereby prescribed as a special method of determining the local af- provement bonds, or any other evidence of indebtedness. The fairs and government of such cities and villages under article XI, powers hereby conferred may be exercised by the board in any section 3, of the constitution. municipality, or part thereof located in the county upon the re- quest of any such municipality, evidenced by a resolution adopted (f) The powers conferred by this subsection shall be in addi- by a majority vote of the members-elect of its governing body, tion to all other grants of power and shall be limited only by ex- designating the particular function, duty or act, and the terms, if press language. History: 1995 a. 201 ss. 97, 99, 243; 2005 a. 40; 2013 a. 14. any, upon which the powers shall be exercised by the board or by Sub. (2) provides a unique procedure that may be used in specific fact situations a similar resolution adopted by direct legislation in the munici- to levy a property tax for a county service, but it is not the only authorization for a
2023-24 Wisconsin Statutes updated through 2025 Wis. Act 137 and through all Supreme Court Orders and Controlled Sub- stances Board Orders filed before and in effect on May 13, 2026. Published and certified under s. 35.18. Changes effective after May 13, 2026, are designated by NOTES. (Published 5-13-26)
3
county to levy such a tax. Town of Grant v. Portage County, 2017 WI App 69, 378 59.17 (2) (b) 3., when signed and acknowledged by the clerk and Wis. 2d 289, 903 N.W.2d 152, 16-2435. County home rule under sub. (1) allows every county to “exercise any organiza- the county seal is attached, are valid and binding on the county to tional or administrative power, subject only to the constitution and to any enactment the extent of the terms of the instrument and the right, title and of the legislature.” The language of s. 60.565 authorizing towns to provide ambu- interest which the county has in the property. lance service acknowledges that another person can provide the ambulance service instead of a town and withdraws the mandate when another person provides ambu- History: 1995 a. 201 s. 402; Stats. 1995 s. 59.06; 2013 a. 14. lance services. The absence of a command from the legislature that towns provide Cross-reference: See ss. 75.35 and 75.69 for restrictions on the sale of tax an ambulance service in all situations causes the argument that county home rule deeded land. prevents counties from providing ambulance service to miss the mark. Town of Grant v. Portage County, 2017 WI App 69, 378 Wis. 2d 289, 903 N.W.2d 152, 16- 59.07 Claims against counties; actions on. (1) No ac- 2435. In a county that does not have a county executive or administrator, the personnel tion may be brought or maintained against a county upon a claim committee of the county board does not possess the statutory authority to remove or upon a cause of action unless the claimant complies with s. the county social services director. The county board may not, under s. 59.025 [now 893.80. This subsection does not apply to actions commenced sub. (1)], transfer the authority to appoint. 81 Atty. Gen. 145. under s. 19.37, 19.97 or 281.99. 59.04 Construction of powers. To give counties the (2) No action may be brought or maintained against a county, largest measure of self-government under the administrative for disclosure of information that is received under s. 30.572 (4) home rule authority granted to counties in s. 59.03 (1), this chap- and maintained under s. 30.572 (5). ter shall be liberally construed in favor of the rights, powers and History: 1977 c. 285; 1979 c. 323 s. 33; 1981 c. 20; 1991 a. 39; 1995 a. 158; 1995 a. 201 s. 426; Stats. 1995 s. 59.07; 1997 a. 27, 35; 2013 a. 163. privileges of counties to exercise any organizational or adminis- trative power. 59.08 Consolidation of counties; procedure; referen- History: 1985 a. 29; 1995 a. 201 s. 98; Stats. 1995 s. 59.04. dum. (1) Any 2 or more adjoining counties may consolidate