SB777,43
13Section
43. 59.52 (1) (b) of the statutes is amended to read:
SB777,25,414
59.52
(1) (b) Any county with a population of less than 500,000 may create a
15department of administration and assign any administrative function to the
16department as it considers appropriate, except that no administrative function may
17be assigned to the department if any other provision of state law requires the
18performance of the function by any other county office, department or commission
19unless the administrative function is under the jurisdiction of the county civil service
20commission or the county auditor, in which case, the function may be assigned to the
21department notwithstanding sub. (8) and ss. 59.47, 59.60 and 63.01 to 63.17. Except
22as provided under par. (a), in any county with a county executive or county
23administrator, the county executive or county administrator shall have the authority
24to appoint and supervise the head of a department of administration; and except as
25provided under par. (a), the appointment is subject to confirmation by the county
1board unless the appointment is made under a civil service system competitive
2examination procedure established under sub. (8) or ch. 63
, and except that in the
3case of a county with a population of at least 750,000, the appointment is subject to
4the provisions of s. 59.17 (2) (b) 1.
SB777,44
5Section
44. 59.52 (3m) of the statutes is created to read:
SB777,25,76
59.52
(3m) Public contracts. (a) In this subsection, “contract” means any
7agreement to which the county is a party that relates to at least one of these areas:
SB777,25,88
1. The purchase of services.
SB777,25,99
2. The purchase of supplies.
SB777,25,1010
3. The sale or purchase of real property.
SB777,25,1111
4. The lease as tenant or landlord of real property.
SB777,25,1212
5. Construction and public works.
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(b) In any county with an elective comptroller, the comptroller shall post,
14monthly, on a county Internet site a list of all contracts in excess of $5,000. The
15county executive shall timely provide copies of all contracts to the comptroller. The
16site shall be readily accessible by any member of the pubic. The site may be part of
17the county's website.
SB777,45
18Section
45. 59.52 (9) of the statutes is amended to read:
SB777,26,419
59.52
(9) Purchasing agent. The
board county executive may appoint a person
20or committee as county purchasing agent, and provide compensation for their
21services
, except that if the county does not have a county executive, the board may
22perform this function. Any county officer or supervisor may be the agent or a
23committee member. The purchasing agent shall provide all
supplies and equipment 24procurement and contracting as provided under sub. (3m) and s. 59.17 (2) (d) for the
25various county offices
and the board chairperson shall promptly sign orders in
1payment therefor. The
board county executive may require that all
purchases 2procurement and contracting be made in the manner
determined by it he or she
3determines, except that if the county does not have a county executive, the board may
4perform this function.
SB777,46
5Section
46. 59.52 (19) of the statutes is amended to read:
SB777,26,86
59.52
(19) Donations, gifts and grants. The
board county executive may
7accept donations, gifts or grants for any public governmental purpose within the
8powers of the county.
SB777,47
9Section
47. 59.52 (21) of the statutes is amended to read:
SB777,26,1410
59.52
(21) County commissions. Except in counties having a population of
11500,000 or more, the
board county executive may fix and pay the compensation of
12members of the county park commission and the county planning and zoning
13commission for attendance at meetings at a rate not to exceed the compensation
14permitted supervisors.
SB777,48
15Section
48. 59.52 (24) of the statutes is amended to read:
SB777,26,2416
59.52
(24) Parking areas. The
board may enact ordinances establishing
county
17executive in any county with a population of at least 750,000 may establish by
18directive areas for parking of vehicles on lands owned or leased by the county; for
19regulating or prohibiting parking of vehicles on such areas or parts of such areas,
20including, but not limited to, provision for parking in such areas or parts thereof for
21only certain purposes or by only certain personnel; for forfeitures for violations
22thereof, but not to exceed $50 for each offense; and for the enforcement of such
23ordinances directives. In all other counties, the board may perform these functions
24by enacting ordinances.
SB777,49
25Section
49. 59.52 (29) (a) of the statutes is amended to read:
SB777,27,17
159.52
(29) (a)
All
Except as provided in par. (am), all public work, including any
2contract for the construction, repair, remodeling or improvement of any public work,
3building, or furnishing of supplies or material of any kind where the estimated cost
4of such work will exceed $25,000 shall be let by contract to the lowest responsible
5bidder. Any public work, the estimated cost of which does not exceed $25,000, shall
6be let as the board may direct. If the estimated cost of any public work is between
7$5,000 and $25,000, the board shall give a class 1 notice under ch. 985 before it
8contracts for the work or shall contract with a person qualified as a bidder under s.
966.0901 (2). A contract, the estimated cost of which exceeds $25,000, shall be let and
10entered into under s. 66.0901, except that the board may by a three-fourths vote of
11all the members entitled to a seat provide that any class of public work or any part
12thereof may be done directly by the county without submitting the same for bids.
13This
subsection paragraph does not apply to public construction if the materials for
14such a project are donated or if the labor for such a project is provided by volunteers.
15This
subsection paragraph does not apply to highway contracts which the county
16highway committee or the county highway commissioner is authorized by law to let
17or make.
SB777,50
18Section
50. 59.52 (29) (am) of the statutes is created to read:
SB777,28,1019
59.52
(29) (am) In a county with a population of at least 750,000, all public
20work, including any contract for the construction, repair, remodeling or
21improvement of any public work, building, or furnishing of supplies or material of
22any kind where the estimated cost of such work will exceed $50,000 shall be let by
23contract to the lowest responsible bidder. Any public work, the estimated cost of
24which does not exceed $50,000, shall be let as the county executive may direct. If the
25estimated cost of any public work is between $5,000 and $50,000, the county
1executive shall give a class 1 notice under ch. 985 before he or she contracts for the
2work or shall contract with a person qualified as a bidder under s. 66.0901 (2). A
3contract, the estimated cost of which exceeds $25,000, shall be let and entered into
4under s. 66.0901, except that the county executive may provide that any class of
5public work or any part of such work may be done directly by the county without
6submitting the same for bids. This paragraph does not apply to public construction
7if the materials for such a project are donated or if the labor for such a project is
8provided by volunteers. This paragraph does not apply to highway contracts that the
9county highway committee or the county highway commissioner is authorized by law
10to let or make.
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.