AB85: Bill Text Engrossed

AB85-engrossed,10,18 59.17 (2) (b) 2. Establish departments in county government, and sections and divisions within those departments, that the county executive believes are necessary for the efficient administration of the county. Any department or subunit of a department that the county executive creates under this subdivision may not be established unless its creation and funding are approved by a vote of the board. The county executive shall administer, supervise, and direct any department or subunit of a department that is created under this subdivision, and those departments and subunits shall report to the county executive.

AB85-engrossed,10,23 3. Exercise the authority under s. 59.52 (6) (a) that would otherwise be exercised by a county board. With regard to the sale or lease of property, the county executive's action must be consistent with established county board policy and must be approved by the county board to take effect. The county board may only approve or reject the contract as negotiated by the county executive.

AB85-engrossed,11,5 4. Sign all contracts, conveyances, and evidences of indebtedness on behalf of the county, to the extent that no other county officer or employee is specifically required to sign such contracts, conveyances, and evidences of indebtedness, and countersign all other contracts, conveyances, and evidences of indebtedness. No contract with the county is valid unless it is signed or countersigned by the county executive and, as provided in ss. 59.255 (2) (e) and 59.42 (2) (b) 5., by the comptroller and corporation counsel.

AB85-engrossed,11,7 5. Introduce proposed ordinances and resolutions for consideration by the board.

AB85-engrossed,11,11 6. Hire and supervise the number of employees that the county executive reasonably believes are necessary for him or her to carry out the duties of the county executive's office, subject to board approval of the county executive department budget.

AB85-engrossed,11e Section 11e. 59.17 (2) (bm) 1. (intro.) of the statutes is amended to read:

AB85-engrossed,11,14 59.17 (2) (bm) 1. (intro.) In any county with a population of 500,000 750,000 or more, appoint the following persons:

AB85-engrossed,12 Section 12. 59.17 (2) (bm) 2. of the statutes is amended to read:

AB85-engrossed,12,2 59.17 (2) (bm) 2. Each appointment under subd. 1. is subject to the confirmation of the county board and is in the unclassified service, serving at the pleasure of the county executive and holding office until a new appointment is made by the county executive and confirmed by the board. An appointee of the county executive may assume his or her duties immediately, pending board action which shall take place within 60 days after the county executive submits the appointment to the board for confirmation. No prior appointee may serve longer than 6 months after the term for which he or she was appointed and confirmed expires, unless reappointed and reconfirmed. The term of each appointment is 4 years or less. The county executive shall comply with hiring policies set by the board when making appointments under subd. 1.

AB85-engrossed,12e Section 12e. 59.17 (2) (br) of the statutes is amended to read:

AB85-engrossed,12,21 59.17 (2) (br) In any county with a population of less than 500,000 750,000, appoint and supervise the heads of all county departments except those elected by the people and except where the statutes provide that the appointment shall be made by other elected officers. Notwithstanding any statutory provision that a board or commission or the county board or county board chairperson appoint a department head, except s. 17.21, the county executive shall appoint and supervise the department head. Notwithstanding any statutory provision that a board or commission supervise the administration of a department, the department head shall supervise the administration of the department and the board or commission shall perform any advisory or policy-making function authorized by statute. An appointment by the county executive under this subsection requires the confirmation of the board unless the board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63. Any department head appointed by a county executive under this subsection may be removed at the pleasure of the county executive unless the department head is appointed under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63.

AB85-engrossed,13 Section 13. 59.22 (2) (a) of the statutes is amended to read:

AB85-engrossed,13,5 59.22 (2) (a) Except for elective offices included under sub. (1), supervisors and circuit judges, and subject to s. 59.794 (3), the board has the powers set forth in this subsection, sub. (3) and s. 59.03 (1) as to any office, department, board, commission, committee, position or employee in county service created under any statute, the salary or compensation for which is paid in whole or in part by the county, and the jurisdiction and duties of which lie within the county or any portion thereof and the powers conferred by this section shall be in addition to all other grants of power and shall be limited only by express language.

AB85-engrossed,14 Section 14. 59.22 (3) of the statutes is amended to read:

AB85-engrossed,13,19 59.22 (3) Reimbursement for expense. The board may provide for reimbursement to any elective officer, deputy officer, appointive officer or employee for any out-of-pocket expense incurred in the discharge of that person's duty in addition to that person's salary or compensation, including without limitation because of enumeration, traveling expenses, tuition costs incurred in attending courses of instruction clearly related to that person's employment, and the board may establish standard allowances for mileage, room and meals, the purposes for which allowances may be made, and determine the reasonableness and necessity for such reimbursements, and also establish in advance a fair rate of compensation to be paid to the sheriff for the board and care of prisoners in the county jail at county expense. Any reimbursement paid under this subsection to an officer or employee of a county with a population of 750,000 or more is subject to the budget limitation described in s. 59.60 (7e).

AB85-engrossed,15 Section 15. 59.52 (6) (a) of the statutes is amended to read:

AB85-engrossed,14,5 59.52 (6) (a) How acquired; purposes. Take Except as provided in s. 59.17 (2) (b) 3., take and hold land acquired under ch. 75 and acquire, lease or rent property, real and personal, for public uses or purposes of any nature, including without limitation acquisitions for county buildings, airports, parks, recreation, highways, dam sites in parks, parkways and playgrounds, flowages, sewage and waste disposal for county institutions, lime pits for operation under s. 59.70 (24), equipment for clearing and draining land and controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and transfer of real property to the state for new collegiate institutions or research facilities, and for transfer to the state for state parks and for the uses and purposes specified in s. 23.09 (2) (d).

AB85-engrossed,16 Section 16. 59.52 (31) of the statutes is created to read:

AB85-engrossed,14,8 59.52 (31) Public contracts, populous counties. (a) In this subsection, "county" means any county with a population of 750,000 or more.

AB85-engrossed,14,13 (b) 1. Any contract with a value of at least $100,000, but not more than $300,000, to which a county is a party and which satisfies any other statutory requirements, may take effect only if the board's finance committee does not vote to approve or reject the contract within 14 days after the contract is signed or countersigned by the county executive, or as described in subd. 2.

AB85-engrossed,14,18 2. If a board's finance committee votes to approve a contract described under subd. 1, the contract may take effect. If a board's finance committee votes to reject a contract described under subd. 1., the contract may take effect only if the contract is approved by a vote of the board within 30 days after the board's finance committee votes to reject the contract.

AB85-engrossed,14,22 (c) Any single contract, or group of contracts between the same parties which generally relate to the same transaction, with a value or aggregate value of more than $300,000, to which a county is a party and which satisfies any other statutory requirements, may take effect only if it is approved by a vote of the board.

AB85-engrossed,15,2 (d) With regard to any contract to which a county is a party and which is subject to review by the board or by a committee of the board under this subsection, the board's finance committee is the only committee which has jurisdiction over the contract.

AB85-engrossed,17 Section 17. 59.53 (5) (a) of the statutes is amended to read:

AB85-engrossed,15,21 59.53 (5) (a) The board shall contract with the department of children and families to implement and administer the child and spousal support and establishment of paternity and the medical support liability programs provided for by Title IV of the federal social security act, except that in a county with a population of 750,000 or more the county executive shall exercise all of this authority. The board may designate by board resolution any office, officer, board, department or agency, except the clerk of circuit court, as the county child support agency and, in a county with a population of 750,000 or more, the county executive shall administer the designated county child support agency. The board or , county child support agency, or county executive of a county with a population of 750,000 or more shall implement and administer the programs in accordance with the contract with the department of children and families. The attorneys responsible for support enforcement under sub. (6) (a), circuit court commissioners and all other county officials shall cooperate with the county and the department of children and families as necessary to provide the services required under the programs. The county shall charge the fee established by the department of children and families under s. 49.22 for services provided under this paragraph to persons not receiving benefits under s. 49.148 or 49.155 or assistance under s. 48.645, 49.19, 49.46, 49.465, 49.47, 49.471, or 49.472.

AB85-engrossed,18 Section 18. 59.53 (6) (a) 1. of the statutes is amended to read:

AB85-engrossed,16,3 59.53 (6) (a) 1. Except as provided in subd. 2. and in a county with a population of 750,000 or more, each board shall employ or contract with attorneys to provide support enforcement. In a county with a population of 750,000 or more, the county executive shall hire or contract with attorneys to provide support enforcement under this subdivision. Section 59.42 (1), (2) (a) and (3) does not preclude a board from assigning these support enforcement duties to any attorney employed by the county.

AB85-engrossed,19 Section 19. 59.53 (6) (a) 2. of the statutes is amended to read:

AB85-engrossed,16,17 59.53 (6) (a) 2. If on June 1, 1989, a county has 1.0 or more full-time equivalent attorney positions that have primary responsibility for handling cases described in par. (b), as determined by the district attorney of the prosecutorial unit, the county shall establish and maintain a support enforcement office consisting of support enforcement attorneys and office personnel. In counties having a population of less than 500,000 750,000, a county budget under s. 65.90 shall list the proposed appropriation under s. 65.90 (2) for the support enforcement office separate from any other office, department or activity. In counties having a population of 500,000 750,000 or more, a county budget shall treat a support enforcement office as a department, as defined in s. 59.60 (2) (a), separate from all other departments, and administered by the county executive. If a county ceases to employ 1.0 or more full-time equivalent attorney positions in the office, the county may provide support enforcement under subd. 1.

AB85-engrossed,20 Section 20. 59.53 (20) of the statutes is amended to read:

AB85-engrossed,16,22 59.53 (20) Work centers. The board may establish and operate a work center licensed under s. 104.07 to provide employment for severely handicapped individuals, except that in a county with a population of 750,000 or more, the county executive shall be in charge of the operation of the work center.

AB85-engrossed,21 Section 21. 59.53 (21) of the statutes is amended to read:

AB85-engrossed,17,8 59.53 (21) Operation of relief programs. The board may establish and operate a program of relief for a specific class or classes of persons residing in that county, except that in a county with a population of 750,000 or more, the county executive shall be in charge of the operation of the program of relief. The county may set such eligibility criteria to obtain relief, and may provide such services, commodities or money as relief, as the county determines to be reasonable and necessary under the circumstances. The program may include work components. The county may enact any ordinances necessary or useful to the operation of a relief program under this subsection. Counties may use vehicle registration information from the department of transportation in determining eligibility for relief programs under this subsection.

AB85-engrossed,22 Section 22. 59.56 (11) of the statutes is amended to read:

AB85-engrossed,17,14 59.56 (11) Fish and game. The board may establish, maintain, and operate fish hatcheries and facilities for raising game birds, except that in a county with a population of 750,000 or more, the county may own the hatcheries and facilities, but must lease the hatcheries and facilities to another person who will maintain and operate them.

AB85-engrossed,23 Section 23. 59.60 (7) of the statutes is amended to read:

AB85-engrossed,18,14 59.60 (7) Publication of budget and public hearing. The board shall refer the executive's or administrator's budget to the finance committee and such committee shall publish as a class 1 notice, under ch. 985, a summary of the executive's or administrator's budget and comparative figures together with a statement of the county's bonded indebtedness, in the 2 daily newspapers having the largest circulation in the county, and shall make available to the general public reprinted copies of the summary as published. The publication shall also state the date, hour, and place of the public hearing to be held by the board on such executive's or administrator's budget. The board shall, not less than 14 days after publication of the summary of the executive's or administrator's budget, but not later than the first Monday in November of each year and prior to the adoption of the property tax levy, hold a public hearing on such executive's or administrator's budget, at which time citizens may appear and express their opinions. After such public hearing, and on or before the annual meeting, the finance committee shall submit to the board its recommendations for amendments to the executive's or administrator's budget, if any, and the board shall adopt the budget with such changes as it considers proper and advisable. Subject to sub. (7e), the board of a county with a population of at least 750,000 may not adopt a budget in which the total amount of budgeted expenditures related to the compensation of county board members, and to any other costs that are directly related to the operation and functioning of the county board, including staff, is greater than 0.4 percent of the county portion of the tax levy for that year to which the budget applies. When so adopted, the sums provided shall, subject to the provisions of sub. (8), constitute legal appropriations and anticipated revenues for the ensuing year.

AB85-engrossed,24 Section 24. 59.60 (7e) of the statutes is created to read:

AB85-engrossed,18,18 59.60 (7e) Milwaukee county budget cap. The 0.4 percent budget limitation for a county with a population of at least 750,000 that is described in sub. (7) does not apply to any of the following elements of the county's budget:

AB85-engrossed,18,20 (a) Any costs related to pension and health care payments for retired county officers, employees, and their families.

AB85-engrossed,18,23 (b) The costs for the salary, health benefits, and pension benefits of county board supervisors and the county board chairperson for any term that begins before April 2016.

AB85-engrossed,18,25 (c) Any costs associated with duties performed by the county clerk under s. 59.23 (2).

AB85-engrossed,25 Section 25. 59.698 of the statutes is amended to read:

AB85-engrossed,19,6 59.698 Zoning, building inspector. Except as provided under s. 59.69 (2) (bm), for the enforcement of all laws, ordinances, rules and regulations enacted under s. 59.69, the board may appoint a building inspector, define the building inspector's duties and fix the building inspector's term of office and compensation. This section does not apply to a county with a population of 750,000 or more.

AB85-engrossed,26 Section 26. 59.70 (7) of the statutes is amended to read:

AB85-engrossed,19,10 59.70 (7) Soil conservation. The board of any county with a population of less than 750,000 may contract to do soil conservation work on privately owned land either directly or through a committee designated by it.

AB85-engrossed,27 Section 27. 59.70 (8m) of the statutes is amended to read:

AB85-engrossed,19,17 59.70 (8m) Harbor improvement. The board may establish, own, operate, lease, equip, and improve harbor facilities on land owned by the county that is located in this state or in another state, subject to the laws of the state in which the land is located, and may appropriate money for the activities specified in this subsection, except that in a county with a population of 750,000 or more, the county executive shall be in charge of the operation of the harbor facilities.

AB85-engrossed,28 Section 28. 59.70 (12) (a) of the statutes is amended to read:

AB85-engrossed,19,22 59.70 (12) (a) A county or 2 or more contiguous counties may establish a district to control mosquitoes, upon a majority vote of each board, except that the board of a county with a population of 750,000 or more may not take any action under this subsection or sub. (13).

AB85-engrossed,29 Section 29. 59.79 (6) of the statutes is repealed.

AB85-engrossed,30 Section 30. 59.79 (11) of the statutes is repealed.

AB85-engrossed,31 Section 31. 59.79 (12) of the statutes is repealed.

AB85-engrossed,32 Section 32. 59.79 (13) of the statutes is repealed.

AB85-engrossed,33 Section 33. 59.794 of the statutes is created to read:

AB85-engrossed,20,5 59.794 Milwaukee County; limitations on board authority and on intergovernmental cooperation, shared services. (1) Definitions. In this section:

AB85-engrossed,20,9 (a) "Agreement" means an intergovernmental cooperation agreement under s. 66.0301, or a contract to provide consolidated services under s. 59.03 (2) (e), entered into by a county and another local governmental unit that is located wholly within that county.

AB85-engrossed,20,10 (b) "Board" means the board of a county.

AB85-engrossed,20,11 (c) "County" means a county with a population of 750,000 or more.

AB85-engrossed,20,15 (d) "Executive council" means a body that consists of the mayor of a 1st class city, and the elected executive officer of every city and village that is wholly located within the county and who is also a member of the executive council as described in s. 200.23 (2) (b).

AB85-engrossed,20,16 (e) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).

AB85-engrossed,20,20 (2) Limitation on agreements. (a) Subject to par. (b), before an agreement may take effect and become binding on a county, it must be approved by the executive council. If the county enters into an agreement, the executive council shall meet as soon as practicable to vote on the agreement.

AB85-engrossed,20,24 (b) With regard to an intergovernmental cooperation agreement under s. 66.0301, the requirements under par. (a) apply only to any single contract, or group of contracts between the same parties which generally relate to the same transaction, with a value or aggregate value of more than $300,000.

AB85-engrossed,21,4 (3) Limitations on board authority. (a) Notwithstanding the provisions of s. 59.51, the board may not exercise day-to-day control of any county department or subunit of a department. Such control may be exercised only by the county executive as described in s. 59.17.

AB85-engrossed,21,11 (b) A board may require, as necessary, the attendance of any county employee or officer at a board meeting to provide information and answer questions. Except as provided in par. (d), for the purpose of inquiry, or to refer a specific constituent concern, the board and its members may deal with county departments and subunits of departments solely through the county executive, and no supervisor may give instructions or orders to any subordinate of the county executive that would conflict with this section.

AB85-engrossed,21,13 (c) The board may not create any county department or subunit of a department, except as provided in s. 59.17 (2) (b) 2.

AB85-engrossed,21,15 (d) The board may use the legal services of the corporation counsel under s. 59.42 (2).

AB85-engrossed,21,20 (e) The board may not terminate, lower the salary or benefits of, or eliminate the position of, any county employee who works in the office of the county executive unless a similar change is made which affects county employees, on a countywide basis, in all other county departments. This paragraph does not apply after the county board supervisors who are elected in the 2016 spring election take office.

AB85-engrossed,34 Section 34. 59.875 (title) of the statutes is amended to read:

AB85-engrossed,21,23 59.875 (title) Payment of contributions in and employment of annuitants under an employee retirement system of populous counties.

AB85-engrossed,35 Section 35. 59.875 (3) of the statutes is created to read:

AB85-engrossed,22,5 59.875 (3) No individual who is receiving an annuity under an employee retirement system of a county and who is reemployed by the county may continue to receive the annuity if a similarly situated individual who is receiving an annuity under the Wisconsin Retirement System and who was reemployed by a participating employer under that system would be required to terminate the annuity.

AB85-engrossed,36 Section 36. 66.0301 (2) of the statutes is amended to read:

AB85-engrossed,22,18 66.0301 (2) In Subject to s. 59.794 (2), and in addition to the provisions of any other statutes specifically authorizing cooperation between municipalities, unless those statutes specifically exclude action under this section, any municipality may contract with other municipalities and with federally recognized Indian tribes and bands in this state, for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by law. If municipal or tribal parties to a contract have varying powers or duties under the law, each may act under the contract to the extent of its lawful powers and duties. A contract under this subsection may bind the contracting parties for the length of time specified in the contract. This section shall be interpreted liberally in favor of cooperative action between municipalities and between municipalities and Indian tribes and bands in this state.

AB85-engrossed,37 Section 37. 111.70 (1) (j) of the statutes is renumbered 111.70 (1) (j) (intro.) and amended to read:

AB85-engrossed,22,21 111.70 (1) (j) (intro.) "Municipal employer" means any city, of the following:

AB85-engrossed,22,22 2. a. Except as provided in subd. 2. b., any county .

AB85-engrossed,23,3 1. Any city, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district created under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied.

AB85-engrossed,38 Section 38. 111.70 (1) (j) 2. b. of the statutes is created to read:

AB85-engrossed,23,6 111.70 (1) (j) 2. b. In a county with a population of 750,000 or more, the county executive.

AB85-engrossed,39 Section 39. 289.33 (3) (d) of the statutes is amended to read:

AB85-engrossed,23,25 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (6), (7), (8), and (10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

AB85-engrossed,40 Section 40. 806.155 of the statutes is repealed.

AB85-engrossed,41 Section 41 . Nonstatutory provisions.

AB85-engrossed,24,15 (1) (a) Notwithstanding section 8.37 of the statutes, if this act is enacted on or before February 18, 2014, there shall be submitted to a vote of the electors of each county with a population of at least 750,000 at the spring election to be held on April 1, 2014, the following question: "Shall that portion of 2013 Wisconsin Act .... (this act) which limits the compensation of members of the board of supervisors of .... (name of county) other than the chairperson of the board and chairperson of the finance committee to receipt of an annual salary of not more than the annual per capita income of this county, which in 2012 was $24,051, and which limits the compensation of the chairperson of the board to not more than 150 percent of that amount and the chairperson of the finance committee to not more than 125 percent of that amount, subject to limitations and adjustments specified by law; and which prohibits supervisors from receiving any compensation or benefits not specifically authorized or required by law become effective in this county on April 18, 2016?"

AB85-engrossed,24,19 (b) If the question under paragraph (a) is approved by a majority of all votes cast on the question at the election in the county, the portions of this act specified in paragraph (a) shall take effect in that county; otherwise, the portions of this act specified in paragraph (a) shall not take effect in that county.

AB85-engrossed,24,23 (2) Notwithstanding section 59.52 (25) of the statutes, the Milwaukee County board of supervisors may not schedule a referendum to be held on April 1, 2014, with respect to any matter that is subject to the approval of the electors of the county on that date under subsection (1).

AB85-engrossed,42 Section 42. Initial applicability.

AB85-engrossed,25,5 (1) The renumbering and amendment of section 111.70 (1) (j) of the statutes and the creation of section 111.70 (1) (j) 2. b. of the statutes first applies to employees covered by a collective bargaining agreement that is in effect on the effective date of this subsection upon the expiration, extension, renewal, or modification of the agreement.