SB777,51
11Section
51. 59.52 (31) of the statutes is repealed.
SB777,52
12Section
52. 59.53 (25) of the statutes is amended to read:
SB777,28,1613
59.53
(25) Milwaukee County mental health. The Milwaukee County board
14has no jurisdiction and may not take any actions, including under ss. 59.52 (6)
and
15(31), 66.0301, and 66.0607 (2), related to mental health functions, programs, and
16services.
SB777,53
17Section
53. 59.56 (3) (b) of the statutes is amended to read:
SB777,28,2518
59.56
(3) (b)
Committee on agriculture and extension education. If a board
19establishes a university extension program, it shall create a committee on
20agriculture and extension education. The board may select as a member of the
21committee any public school administrator resident in the county. The members of
22the committee shall receive such compensation and expenses as the board
or county
23executive determines under s. 59.22 (2) (c) and (3). The committee shall meet at such
24intervals as are considered necessary to properly carry out its functions and
25responsibilities.
SB777,54
1Section
54. 59.56 (14) (e) 1. of the statutes is amended to read:
SB777,29,32
59.56
(14) (e) 1. Acquire by deed
or lease real estate and make improvements
3on such real estate.
SB777,55
4Section
55. 59.57 (2) (e) 4. of the statutes is amended to read:
SB777,29,175
59.57
(2) (e) 4. The articles of incorporation shall provide for 2 classes of
6members who shall be designated as county members and public members and shall
7fix the number of each class, but the county members, at all times, shall constitute
8not less than a majority of the total authorized members. All members of each class
9shall be designated by the board and shall hold office at the pleasure of the board,
10except that in counties having a county executive, the members shall be designated
11by the county executive subject to confirmation by the board
and subject to the
12confirmation provisions of s. 59.17 (2) (b) 1., and such members serve at the pleasure
13of the county executive. The agency shall be subject to dissolution and its corporate
14authority terminated upon resolution adopted by a majority of the board, or of the
15boards of each county where counties join in the formation of the agency whereupon
16the members shall proceed immediately to dissolve the agency, wind up its affairs
17and distribute its remaining assets as provided in this subsection.
SB777,56
18Section
56. 59.57 (2) (f) 2. of the statutes is amended to read:
SB777,30,219
59.57
(2) (f) 2. Within the boundaries of the county or the counties joining in
20the formation of the agency to acquire by purchase, lease or otherwise any real or
21personal property or any interest therein or mortgage or other lien thereon; to hold,
22improve, clear and redevelop any such property; to sell, assign, lease, subdivide and
23make the property available for industrial use and to mortgage or otherwise
24encumber the property
, except that the authority to enter into a lease under this
1subdivision may be exercised only by the county executive, if the county has such an
2office.
SB777,57
3Section
57. 59.58 (1) (c) of the statutes is amended to read:
SB777,30,84
59.58
(1) (c) Operate airport projects or lease such projects in their entirety or
5in part, and any project may include space designed for leasing to others if the space
6is incidental to the purposes of the project
, except that the authority to enter into a
7lease under this paragraph may be exercised only by the county executive, if the
8county has such an office.
SB777,58
9Section
58. 59.58 (3) (intro.) of the statutes is amended to read:
SB777,30,1210
59.58
(3) Public transit in counties. (intro.) A board may
do any of the
11following, except that the authority to enter into a lease under this subsection may
12be exercised only by the county executive, if the county has such an office:
SB777,59
13Section
59. 59.60 (1) of the statutes is amended to read:
SB777,30,1714
59.60
(1) Application.
The Except as provided in s. 59.602, the provisions of
15this section shall apply to all counties with a population of
500,000 750,000 or more.
16Except as provided in sub. (13), any Any county with a county executive or county
17administrator may elect to be subject to the provisions of this section.
SB777,60
18Section
60. 59.60 (12) of the statutes is renumbered 59.60 (12) (a) and
19amended to read:
SB777,31,1120
59.60
(12) (a)
No Subject to par. (b), no payment may be authorized or made
21and no obligation incurred against the county unless the county has sufficient
22appropriations for payment.
No Subject to par. (b), no payment may be made or
23obligation incurred against an appropriation unless the director first certifies that
24a sufficient unencumbered balance is or will be available in the appropriation to
25make the payment or to meet the obligation when it becomes due and payable. An
1obligation incurred and an authorization of payment in violation of this subsection
2is void
, except as provided in par. (b). A county officer who knowingly violates this
3subsection is jointly and severally liable to the county for the full amount paid. A
4county employee who knowingly violates this subsection may be removed for cause.
5This subsection does not prohibit contracting for capital improvements being
6financed wholly or partly by the issuance of bonds or prevent the making of a contract
7or lease providing for the payment of funds at a time beyond the end of the fiscal year
8in which the contract or lease is made.
The
Subject to par. (b), the board shall make
9or approve by resolution each contract, lease or other obligation requiring the
10payment of funds from the appropriations of a later fiscal year or of more than one
11fiscal year.
SB777,61
12Section
61. 59.60 (12) (b) of the statutes is created to read:
SB777,31,1513
59.60
(12) (b) With regard to payments and obligations, and multi-year
14contracts, described under par. (a) that would otherwise be prohibited, such
15contracts may be validly entered into if at least one of the following applies:
SB777,31,2316
1. A contract requires funding from a future unbudgeted fiscal year and the
17contract contains a clause stating that the payment and performance obligation for
18a future fiscal year is subject to availability and appropriation of funds, and that if
19an appropriation is not available to fund the terms of the contract for the duration
20of the contract, the contract shall be null and void on the last day on which the
21appropriation to fund the contract is available. With regard to such a contract, board
22approval of a multi-year contract is not necessary for the contract to take effect if it
23is signed by the county executive.
SB777,32,324
2. The board approves a budget that is signed by the county executive and
25contains a continuing appropriation to fully fund a multi-year contract. The board
1need not approve the contract more than once for the contract to remain valid
2throughout the period during which it is fully funded by the continuing
3appropriation.
SB777,62
4Section
62. 59.60 (12) (c) of the statutes is created to read:
SB777,32,65
59.60
(12) (c) The provisions of this subsection apply to budgets adopted under
6this section and s. 59.602.
SB777,63
7Section
63. 59.602 of the statutes is created to read:
SB777,32,10
859.602 Alternative budget process in certain counties. (1) Application. 9(a) Subject to par. (b), the provisions of this section may be used by any county,
10including a county with a population of 750,000 or more.
SB777,32,1211
(b) To use the provisions of this section, a county must take one of the following
12actions:
SB777,32,1713
1. If the county has a county executive or administrator, the county executive
14or administrator must issue a written proclamation stating that the county will use
15the provisions of this section. Once the proclamation is issued, it takes effect. No
16action by the county board is needed for the proclamation to take effect, and no
17county board action may stop or repeal the proclamation.
SB777,32,1918
2. In any other county, the board must adopt a resolution proclaiming that the
19county will use the provisions of this section.
SB777,32,20
20(2) Definitions. In this section:
SB777,33,221
(a) “Budget director” means the officer or employee of a county, other than the
22county executive, county administrator, or county administrative coordinator, who
23is principally responsible for developing and coordinating a county's budget, except
24that if the county's executive, administrator, or administrative coordinator is
1principally responsible for developing and coordinating a county's budget, that
2individual is the budget director.
SB777,33,53
(b) “Department" includes all county departments, boards, commissions,
4institutions, offices, and other agencies of the county government for which funds
5may be legally appropriated.
SB777,33,66
(c) “Director" means the director of the county department of administration.
SB777,33,7
7(3) Fiscal year. The fiscal year in every county is the calendar year.
SB777,33,11
8(4) Accounting and budgeting procedure. Every accounting and budgeting
9procedure that is applied under this section shall comply with generally accepted
10accounting principles for government as promulgated by the governmental
11accounting standards board or its successor bodies or other authoritative sources.
SB777,35,2
12(5) Publication of budget and public hearing. The board shall refer the
13executive's or administrator's budget to the finance committee and such committee
14shall publish as a class 1 notice, under ch. 985, a summary of the executive's or
15administrator's budget and comparative figures together with a statement of the
16county's bonded indebtedness, and shall make available to the general public
17reprinted copies of the summary as published. The publication shall also state the
18date, hour, and place of the public hearing to be held by the board on such executive's
19or administrator's budget. The board shall, not less than 14 days after publication
20of the summary of the executive's or administrator's budget, and prior to the adoption
21of the property tax levy, hold a public hearing on such executive's or administrator's
22budget, at which time county residents may appear and express their opinions. After
23such public hearing, and on or before the annual meeting, the finance committee
24shall submit to the board its recommendations for amendments to the executive's or
25administrator's budget, if any, and the board shall adopt the budget with such
1changes as it considers proper and advisable. A request for an amendment to the
2budget must be submitted to the comptroller or budget director at least 7 business
3days before the amendment may be considered by the board or by a committee of the
4board, and the board or committee may not consider any amendment which is not
5submitted in conformity with this time frame. Any amendment to the budget shall
6include an estimate, prepared by the comptroller, of the costs that will be incurred,
7and the staffing changes that will be required, to implement the amendment during
8the next 5 fiscal years. If a county does not have a comptroller, the estimate shall be
9prepared by the county's budget director. The board shall make the amendment and
10the estimate available to the public, in an electronic format, at least 24 hours before
11the amendment may be considered by the board or by a committee of the board. The
12board shall have the budget resolution prepared as it was adopted by the board,
13incorporating any adopted amendments, before presenting the resolution to the
14executive. Subject to sub. (6), the board of a county with a population of at least
15750,000 may not adopt a budget in which the total amount of budgeted expenditures
16related to the compensation of county board members, and to any other costs that are
17directly related to the operation and functioning of the county board or committees
18of the board, including staff, is greater than 0.4 percent of the county portion of the
19tax levy for that year to which the budget applies. The board of a county with a
20population of at least 750,000 may not adopt a budget that alters any formula by
21which fringe benefits, interdepartmental charges for services, depreciation, or debt
22service are allocated in the executive's budget. An appropriation that is contingent
23upon additional approval by the board after the adoption of the budget is included
24in the 0.4 percent budget limitation described in this subsection. When so adopted,
1the sums provided shall, subject to the provisions of sub. (7), constitute legal
2appropriations and anticipated revenues for the ensuing year.
SB777,35,5
3(6) Milwaukee County budget cap. The 0.4 percent budget limitation for a
4county with a population of at least 750,000 that is described in sub. (5) does not
5apply to any of the following elements of the county's budget:
SB777,35,76
(a) Any costs related to pension and health care payments for retired county
7officers, employees, and their families.
SB777,35,108
(b) The costs for the salary, health benefits, and pension benefits of county
9board supervisors and the county board chairperson for any term that begins before
10April 2018.
SB777,35,1211
(c) Any costs associated with duties performed by the county clerk under s.
1259.23 (2).
SB777,35,1313
(d) Any costs associated with a department created under s. 59.52 (32).
SB777,35,1414
(e) Space rental that is attributable to the county board.
SB777,35,24
15(7) Transfers of appropriations. (a) At the request of the head of any
16department, and after receiving the recommendation of the county executive or
17county administrator, the director shall, at any time during the fiscal year, transfer
18any unencumbered appropriation balance or portion thereof between principal
19objects of expenditures within a department; but no transfers shall be made of
20appropriations originating from bond funds unless the purpose for which the bonds
21were issued has been fulfilled or abandoned. If more than one department is under
22the jurisdiction of the same board or commission or under the same general
23management, the group of departments may be considered as though they were a
24single unit with respect to transfers of appropriations within the group.
SB777,36,6
1(b) Upon the recommendation of the finance committee in a county without a
2county executive or county administrator, or upon the recommendation of the county
3executive or county administrator in other counties, and by resolution adopted by a
4majority of the members present and voting at any meeting, the board may transfer
5any unencumbered appropriation balance or portion thereof from one department or
6account to another.
SB777,36,87
(c) 1. Paragraph (b) does not apply to an appropriation which is irrepealable
8by law.
SB777,36,119
2. The board may not amend a recommendation under par. (b) to increase the
10amount to be transferred or to transfer funds to a department other than the
11department designated as the transferee in the recommendation.
SB777,36,1312
3. No transfer may be made under this subsection unless the director certifies
13that sufficient unencumbered funds are available for transfer.
SB777,36,16
14(8) Budgetary procedures, beyond 2017. (a) For fiscal years that begin after
15December 31, 2017, a county that chooses under sub. (1) (b) to operate under this
16section shall adopt a budget that contains the provisions specified in this section.
SB777,36,2017
(b) Beginning in 2017, and in every odd-numbered year thereafter, a county
18shall adopt a biennial budget following the timeline specified in par. (c) that sets forth
19all of the following items, and no others, for the 2 fiscal years that immediately follow
20the year in which the budget is adopted:
SB777,36,2121
1. The county tax levy.
SB777,36,2222
2. Anticipated revenue amounts from all sources.
SB777,36,2423
3. Appropriations for all departments and for any other obligations of the
24county.
SB777,36,2525
(c) 1. All departments shall submit their budget requests to the director.
SB777,37,4
12. The county executive, county administrator, or, in a county without a county
2executive or administrator, the finance committee, shall submit his or her, or its,
3proposed budget to the board, either electronically or in writing, not later than
4October 1 of an odd-numbered year.
SB777,37,185
3. In a county with a county executive, the board shall approve the budget,
6engrossed with any amendments, and return it to the county executive no later than
7November 1 of an odd-numbered year. Any amendment to the budget must be
8submitted to the comptroller or budget director at least 7 business days before the
9amendment may be considered by the board or by a committee of the board, and the
10board or committee may not consider any amendment that is not submitted in
11conformity with this time frame. An amendment shall also include an estimate,
12prepared by the comptroller, of the costs that will be incurred, and the staffing
13changes that will be required, to implement the amendment during the next 5 fiscal
14years. The board shall make the amendment and the estimate available to the
15public, in an electronic format, at least 24 hours before the amendment may be
16considered by the board or by a committee of the board. The board shall have the
17budget resolution prepared as it was adopted by the board, incorporating any
18adopted amendments, before presenting the resolution to the executive.
SB777,37,2319
4. If a county executive wishes to veto any part of the budget under s. 59.17 (5)
20or (6), the county executive shall do so no later than November 15 of an
21odd-numbered year. The board may not schedule a meeting to act on the county
22executive's vetoes, as described in subd. 5., before it receives the vetoes or November
2316 of an odd-numbered year, whichever comes first.
SB777,38,3
15. The board may act on all of the county executive's vetoes or changes, as
2described in s. 59.17 (5) and (6), no later than November 19 of an odd-numbered year,
3or the vetoes or changes shall be considered to be approved by the board.
SB777,38,44
6. In a county without a county executive, the board shall approve the budget.
SB777,38,65
(d) A county that uses the provisions of this section shall utilize fund
6accounting. Section 59.60 (3m), as it applies to s. 59.60, applies to this section.
SB777,38,127
(e) After a biennial budget takes effect, if revenues received or expenses
8incurred by the county are different from the amounts anticipated, the county
9executive, county administrator, or, in a county without a county executive or
10administrator, the finance committee, may increase or decrease appropriation
11amounts as he or she determines is appropriate to account for the changed revenue
12or expense amounts that affect the county.
SB777,38,2413
(f) Outside of the budget process, the county executive, county administrator,
14or, in a county without a county executive or administrator, the finance committee
15may propose to the board an increase or decrease in any appropriation or revenue
16amount, subject to the budget amendment procedures under par. (c) 3. To be
17approved, such a proposal requires the affirmative vote of two-thirds of the
18members-elect of the board and the proposal may not be amended by the board,
19except that when such a proposal is made, and voted on by the board, after September
2030 and before November 16 of any even-numbered year, such a proposal may be
21approved by a simple majority vote of the members-elect of the board and the board
22may amend the proposal. Any proposal submitted after September 30 and before
23October 31 of an even-numbered year shall be voted on by the board before
24November 16 of that even-numbered year.
SB777,39,8
1(g) With regard to every county department that has appropriations and
2expenses contained in a budget that is adopted under this section, the budget
3provisions that apply to such a department shall contain an appropriation account
4into which a gift or grant bestowed upon that department shall be deposited. If a
5department receives such a gift or grant, the department may spend the funds, with
6the consent of the county executive, county administrator, or, in a county without a
7county executive or administrator, the finance committee, but without county board
8approval, for the purposes for which the gift or grant was bestowed.
SB777,39,159
(h) During a biennium, a county board of a county with a county executive may
10not adopt a resolution to issue a municipal obligation, as defined in s. 67.01 (6), in
11an amount that is higher than the amount initially proposed by the county executive
12in his or her proposed budget for that biennium. During a biennium a county
13executive may propose, outside of the budget process, the issuance of additional
14municipal obligations, as defined under s. 67.01 (6). The board may approve the
15county executive's proposal, but may not increase the amount proposed.
SB777,40,316
(i) 1. Subject to subd. 2., the board of a county with a population of at least
17750,000 may not adopt a budget in which the total amount of budgeted expenditures
18related to the compensation of county board members, and to any other costs that are
19directly related to the operation and functioning of the county board or committees
20of the board, including staff, is greater than 0.4 percent of the county portion of the
21tax levy for that year to which the budget applies. The board may not alter any
22formula by which fringe benefits, interdepartmental charges for services,
23depreciation, or debt service are allocated in the recommended budget. An
24appropriation that is contingent upon additional approval by the board after the
25adoption of the budget is included in the 0.4 percent budget limitation described in
1this subdivision. When so adopted, the sums provided shall, subject to the provisions
2of sub. (7), constitute legal appropriations and anticipated revenues for the ensuing
3year.
SB777,40,64
2. The 0.4 percent budget limitation for a county with a population of at least
5750,000 that is described in subd. 1. does not apply to any of the following elements
6of the county's budget:
SB777,40,87
a. Any costs related to pension and health care payments for retired county
8officers, employees, and their families.
SB777,40,119
b. The costs for the salary, health benefits, and pension benefits of county board
10supervisors and the county board chairperson for any term that begins before April
112018.
SB777,40,1312
c. Any costs associated with duties performed by the county clerk under s. 59.23
13(2).
SB777,40,1414
d. Any costs associated with a department created under s. 59.52 (32).
SB777,40,1515
e. Space rental that is attributable to the county board.
SB777,64
16Section
64. 59.61 (4) of the statutes is created to read:
SB777,40,1917
59.61
(4) Fund accounting. (a) A county that is subject to s. 59.60 shall utilize
18fund accounting. Section 59.60 (3m), as it applies to s. 59.60, applies to this
19subsection.
SB777,41,620
(b) In addition to a general fund, a county may create other governmental
21funds, proprietary funds, fiduciary funds, and other appropriate funds allowed by
22government accounting practice, provided that in creating each fund the county
23describes the sources of revenues that may be deposited into each fund and the types
24of expenditures that may be made from each fund. Counties may maintain
25reasonable balances in each such fund to provide the county with necessary working
1capital, based on sound business principles, to avoid cash flow interruptions and the
2need to engage in short-term borrowing to fund daily operations. In counties with
3no county executive, the board may create a fund described in this paragraph by
4ordinance. In counties with a county executive, only the county executive may create
5a fund described in this paragraph by executive order, and such an executive order
6may not be modified or otherwise affected by county board action.
SB777,41,97
(c) A county that creates governmental, proprietary, fiduciary, or other funds
8under this subsection shall develop policies and procedures that apply to each such
9fund, including all of the following:
SB777,41,1010
1. Setting a working cash flow target for each fund.
SB777,41,1111
2. Publishing annual estimates of working cash flow balances.
SB777,41,1312
3. A description of possible uses of balances in a fund that accumulate above
13the cash flow target.
SB777,41,1514
(d) Each governmental and proprietary fund created under this subsection
15shall serve as a fiscal and accounting entity with a self-balancing set of accounts.
SB777,65
16Section
65. 59.69 (2) (a) 2. of the statutes is amended to read:
SB777,41,2017
59.69
(2) (a) 2. If the board in a county with a county executive authorizes the
18creation of a county planning and zoning commission, designated the county zoning
19agency, the county executive shall appoint the commission, subject to confirmation
20by the board
and to the confirmation provisions of s. 59.17 (2) (b) 1.
SB777,66
21Section
66. 59.69 (2) (a) 3. of the statutes is amended to read:
SB777,42,622
59.69
(2) (a) 3. If a county planning and zoning commission is created under
23subd. 2., the county executive may appoint, for staggered 3-year terms, 2 alternate
24members of the commission, who are subject to confirmation by the board
, and to the
25confirmation provisions of s. 59.17 (2) (b) 1. Annually, the county executive shall
1designate one of the alternate members as first alternate and the other as 2nd
2alternate. The first alternate shall act, with full power, only when a member of the
3commission refuses to vote because of a conflict of interest or when a member is
4absent. The 2nd alternate shall act only when the first alternate refuses to vote
5because of a conflict of interest or is absent, or if more than one member of the
6commission refuses to vote because of a conflict of interest or is absent.
SB777,67
7Section
67. 59.70 (2) (intro.) of the statutes is amended to read:
SB777,43,98
59.70
(2) Solid waste management. (intro.) The board of any county may
9establish and operate a solid waste management system or participate in such
10system jointly with other counties or municipalities. Except in counties having a
11population of 500,000 or more, the board of a county or the boards of a combination
12of counties establishing a solid waste management system may create a solid waste
13management board to operate the system and such board, in a county that does not
14combine with another county, shall be composed of not less than 9 nor more than 15
15persons of recognized ability and demonstrated interest in the problems of solid
16waste management, but not more than 5 of the board members may be appointed
17from the county board of supervisors. In any combination of counties, the solid waste
18management board shall be composed of 11 members with 3 additional members for
19each combining county in excess of 2. Appointments shall be made by the county
20boards of supervisors of the combining counties in a manner acceptable to the
21combining counties, but each of the combining counties may appoint to the solid
22waste management board not more than 3 members from its county board of
23supervisors. The term of office of any member of the solid waste management board
24shall be 3 years, but of the members first appointed, at least one-third shall be
25appointed for one year; at least one-third for 2 years; and the remainder for 3 years.
1Vacancies shall be filled for the residue of the unexpired term in the manner that
2original appointments are made. Any solid waste management board member may
3be removed from office by a two-thirds vote of the appointing authority. The solid
4waste management board may employ a manager for the system. The manager shall
5be trained and experienced in solid waste management. For the purpose of operating
6the solid waste management system, the solid waste management board may
7exercise the following powers
, except that the authority to enter into a lease under
8this subsection may be exercised only by the county executive, if the county has such
9an office:
SB777,68
10Section
68. 59.70 (18) of the statutes is amended to read:
SB777,43,1711
59.70
(18) Land clearing and weed control. The board may purchase or
12accept by gift or grant tractors, bulldozers and other equipment for clearing and
13draining land and controlling weeds on same, and for such purposes to operate or
14lease the same for work on private lands
, except that the authority to enter into a
15lease under this subsection may be exercised only by the county executive, if the
16county has such an office. The board may charge fees for such service and for rental
17of such equipment on a cost basis.
SB777,69
18Section
69. 59.79 (8) of the statutes is repealed.
SB777,70
19Section
70. 59.792 (3) (a) (intro.) of the statutes is amended to read: