2001 - 2002 LEGISLATURE
May 8, 2001 - Introduced by Representatives Miller, Berceau, Pocan, Black,
Travis, Hebl, Skindrud, Hahn, Kedzie, J. Lehman
and Sykora, cosponsored by
Senators Risser, Erpenbach and Burke. Referred to Committee on Public
Health.
AB377,1,5 1An Act to repeal 251.01 (2); to renumber and amend 251.01 (1); to amend
246.56 (3) (b) 6., 66.0301 (1) (a), 111.70 (1) (j), 250.01 (4) (a) 2., 251.01 (3), 251.02
3(1), 251.02 (3), 251.04 (1), 251.08, 251.11 (1), 251.11 (2) and 251.15 (2); and to
4create
251.01 (1g) and 251.02 (1m) of the statutes; relating to: city-county
5health departments.
Analysis by the Legislative Reference Bureau
Under current law, in a county with a population of less than 500,000 (any
county except Milwaukee County), a local health department may be in the form of
a county health department, a multiple county health department, a city health
department (if established by the common council of a city before January 1, 1994),
a city-county health department, or, in Racine County only, a village, town, or
multiple municipal health department. Although no explicit procedures are
specified for formation of a city-county health department, a county health
department is defined to include a city-county health department. The local board
of health of a city-county health department must annually prepare a budget of
proposed expenditures for the next fiscal year and determine the proportional cost
to each participating city and county on the basis of equalized valuation. The
appropriations to be made by each participating city and county must be determined
by the governing body of the city and county; no part of the county's cost may be levied
against any city property. A city that established a local health department before
deciding to participate in a city-county health department may withdraw from the

city-county health department if the city's common council gives written notice of the
withdrawal to the county board.
This bill eliminates the definition of a county health department and, instead,
in a county with a population of less than 500,000, authorizes the county board and
the governing body of a city that has a city health department to establish jointly a
city-county health department. A city-county health department that is established
after the date that the bill becomes an act is subject to the control of the city and the
county acting jointly under an agreement that specifies the health department's
powers and duties, the powers and duties of the city-county board of health for that
health department, and the relative powers and duties of the city and county
concerning governance of the health department and the board of health. The
city-county health department must meet the requirements of laws relating to
public health, must serve all areas of the county that are not served by a city, town,
village, or multiple municipal health department, and is governed by a city-county
board of health. Further, the city-county board of health must determine the
compensation for the employees of the city-county health department. The bill
includes a city-county health department in the definition of "municipality" under
the municipal laws, in order to permit the health department to enter into
intergovernmental cooperation agreements. Lastly, the bill clarifies that any
multiple county health department that is established by a county board in
conjunction with the county board of another county must meet the requirements of
laws relating to public health and serve all areas of the respective counties that are
not served by a city, town, village, or multiple municipal health department.
Under current law, any employee of a city, county, village, town, metropolitan
sewerage district, school district, family care district, or any other political
subdivision of the state, other than, with certain exceptions, an employee who is a
supervisor, manager, or executive employee, is eligible to participate in the collective
bargaining process under the municipal employment relations act (MERA). Under
MERA, employees may bargain with their employer over wages, hours, and
conditions of employment. This bill clarifies that any such employee who is employed
by an instrumentality of one or more political subdivisions of this state, such a
city-county health department, is also eligible to participate in the collective
bargaining process under MERA.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB377, s. 1 1Section 1. 46.56 (3) (b) 6. of the statutes is amended to read:
AB377,3,3
146.56 (3) (b) 6. Representatives of the county health department, as defined in
2s. 251.01 (2)
established under s. 251.02 (1) or city-county health department
3established under s. 251.02 (1m)
.
AB377, s. 2 4Section 2. 66.0301 (1) (a) of the statutes is amended to read:
AB377,3,165 66.0301 (1) (a) In this section "municipality" means the state or any
6department or agency thereof, or any city, village, town, county, school district, public
7library system, public inland lake protection and rehabilitation district, sanitary
8district, farm drainage district, metropolitan sewerage district, sewer utility district,
9solid waste management system created under s. 59.70 (2), local exposition district
10created under subch. II of ch. 229, local professional baseball park district created
11under subch. III of ch. 229, local professional football stadium district created under
12subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229,
13family care district under s. 46.2895, water utility district, mosquito control district,
14municipal electric company, county or city transit commission, commission created
15by contract under this section, taxation district or, regional planning commission, or
16city-county health department
.
AB377, s. 3 17Section 3. 111.70 (1) (j) of the statutes is amended to read:
AB377,3,2418 111.70 (1) (j) "Municipal employer" means any city, county, village, town,
19metropolitan sewerage district, school district, family care district , or any other
20political subdivision of the state, or instrumentality of one or more political
21subdivisions of the state,
that engages the services of an employee and includes any
22person acting on behalf of a municipal employer within the scope of the person's
23authority, express or implied, but specifically does not include a local cultural arts
24district created under subch. V of ch. 229.
AB377, s. 4 25Section 4. 250.01 (4) (a) 2. of the statutes is amended to read:
AB377,4,2
1250.01 (4) (a) 2. A city-county health department established under s. 251.02
2(1) (1m).
AB377, s. 5 3Section 5. 251.01 (1) of the statutes is renumbered 251.01 (1r) and amended
4to read:
AB377,4,65 251.01 (1r) "County board of health" means a board of health for a single county
6health department or for a multiple county health department.
AB377, s. 6 7Section 6. 251.01 (1g) of the statutes is created to read:
AB377,4,98 251.01 (1g) "City-county board of health" means a board of health for a
9city-county health department.
AB377, s. 7 10Section 7. 251.01 (2) of the statutes is repealed.
AB377, s. 8 11Section 8. 251.01 (3) of the statutes is amended to read:
AB377,4,1312 251.01 (3) "County health officer" means the position of a local health officer
13in a single county health department or in a multiple county health department.
AB377, s. 9 14Section 9. 251.02 (1) of the statutes is amended to read:
AB377,5,215 251.02 (1) In counties with a population of less than 500,000, unless a county
16board establishes a city-county health department under sub. (1m) jointly with the
17governing body of a city or establishes a multiple county health department under
18sub. (3) in conjunction with another county,
the county board shall establish a single
19county health department that meets, which shall meet the requirements of this
20chapter. The county health department shall serve all areas of the county that are
21not served by a city health department that was established prior to
22January 1, 1994, by a town or village health department established under sub.
23(3m), or by a multiple municipal local health department established under sub. (3r).
24No governing body of a city may establish a city health department may be

1established
after January 1, 1994, but a city-county health department may be
2established after that date
.
AB377, s. 10 3Section 10. 251.02 (1m) of the statutes is created to read:
AB377,5,144 251.02 (1m) In counties with a population of less than 500,000, the county
5board and the governing body of a city that has a city health department may jointly
6establish a city-county health department, which shall meet the requirements of
7this chapter. A city-county health department shall serve all areas of the county that
8are not served by a city health department that was established prior to January 1,
91994, by a town or village health department established under sub. (3m), or by a
10multiple municipal local health department established under sub. (3r). A
11city-county health department established under this subsection after the effective
12date of this subsection .... [revisor inserts date], is subject to the control of the city
13and county acting jointly under an agreement entered into under s. 66.0301 that
14specifies, in conformity with this chapter, all of the following:
AB377,5,1515 (a) The powers and duties of the city-county health department.
AB377,5,1716 (b) The powers and duties of the city-county board of health for the city-county
17health department.
AB377,5,2018 (c) The relative powers and duties of the city and county with respect to
19governance of the city-county health department and the city-county board of
20health.
AB377, s. 11 21Section 11. 251.02 (3) of the statutes is amended to read:
AB377,6,322 251.02 (3) A county board may, in conjunction with the county board of another
23county,
establish a multiple county health department in conjunction with the
24county board of another county
, which shall meet the requirements of this chapter.
25A multiple county health department shall serve all areas of the respective counties

1that are not served by a city health department that was established prior to January
21, 1994, by a town or village health department established under sub. (3m), or by
3a multiple municipal local health department established under sub. (3r)
.
AB377, s. 12 4Section 12. 251.04 (1) of the statutes is amended to read:
AB377,6,165 251.04 (1) A city or county board of health shall govern each local health
6department other than a local health department
Except as authorized in s. 251.02
7(3m) and (3r) and a, a city board of health shall govern a city health department, a
8county board of health shall govern a county health department or multiple county
9health department, and a city-county board of health shall govern a city-county
10health department. A
city or board of health, a county board of health, a city-county
11board of health,
or a board of health for a local health department as authorized in
12s. 251.02 (3m) and (3r) shall assure the enforcement of state public health statutes
13and public health rules of the department as prescribed for a Level I local health
14department. A local board of health may contract or subcontract with a public or
15private entity
to provide public health services. The contractor's staff shall meet the
16appropriate qualifications for positions in a Level I local health department.
AB377, s. 13 17Section 13. 251.08 of the statutes is amended to read:
AB377,7,3 18251.08 Jurisdiction of local health department. The jurisdiction of the
19local health department shall extend to the entire area represented by the governing
20body of the county, city, village or town that established the local health department,
21except that the jurisdiction of a single or multiple county health department or of a
22city-county health department
does not extend to cities, villages and towns that
23have local health departments. Cities, towns and villages having local health
24departments may by vote of their local boards of health determine to come under the
25jurisdiction of the county health department. No part of any expense incurred under

1this section by a county health department may be levied against any property
2within any city, village or town that has a local health department and that has not
3determined to come under the jurisdiction of the county health department.
AB377, s. 14 4Section 14. 251.11 (1) of the statutes is amended to read:
AB377,7,155 251.11 (1) The local board of health of every multiple county health department
6established under s. 251.02 (3) and of every city-county health department
7established under s. 251.02 (1) (1m) shall annually prepare a budget of its proposed
8expenditures for the ensuing fiscal year and determine the proportionate cost to each
9participating county and city on the basis of equalized valuation. A certified copy of
10the budget, which shall include a statement of the amount required from each county
11and city, shall be delivered to the county board of each participating county and to
12the mayor or city manager of each participating city. The appropriation to be made
13by each participating county and city shall be determined by the governing body of
14the county and city. No part of the cost apportioned to the county shall be levied
15against any property within the city.
AB377, s. 15 16Section 15. 251.11 (2) of the statutes is amended to read:
AB377,7,2317 251.11 (2) The local board of health of every a multiple county health
18department established under s. 251.02 (3) and of every city-county health
19department established under s. 251.02 (1)
shall, under this section, determine the
20compensation for the employees of the multiple county health departments and
21city-county health departments
. The local board of health of a city-county health
22department established under s. 251.02 (1m) shall, under this section, determine the
23compensation for the employees of the city-county health department.
AB377, s. 16 24Section 16. 251.15 (2) of the statutes is amended to read:
AB377,8,5
1251.15 (2) A city that had established a local health department prior to
2deciding to participate in a city-county health department established under s.
3251.02 (1) (1m) may withdraw from the city-county health department if the
4common council of the city gives written notice to the county board of the
5participating county.
AB377,8,66 (End)
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