Wisconsin Legislature: 201,435

59.64 (3) Action on claims by board. The county clerk shall, on the first day of any meeting of the county board, lay before said board all such claims, statements of which have been filed in the clerk's office since the last meeting of such board, with a schedule of the same showing the amount thereof and the order in which the same were filed; and the county board shall act upon all such claims before the adjournment of the next annual session of such board after such statements were filed with the clerk, and shall examine and allow or disallow the same in whole or in part unless withdrawn by leave of the board; and in case of the disallowance of a part of an account or other claim composed of separate items the board shall designate particularly each item disallowed; and when the amount allowed for any claim shall have been accepted and received by the claimant, and no action shall be brought to recover the remainder thereof, no further sum shall thereafter be allowed or paid thereon by the county board. The county board, or a committee thereof of the board, for the purpose of ascertaining the facts in relation to any claim presented for their the board's or committee's exemption and allowance, may take such testimony as they may deem it considers necessary.

201,431 Section 431 . 59.79 (intro.) of the statutes is created to read:

59.79 Milwaukee County. (intro.) In a county having with a population of 500,000 or more, the board may:

201,432 Section 432 . 59.80 of the statutes is renumbered 59.52 (10) and amended to read:

59.52 (10) Salaries and automobile allowance; when payable. Salaries of county officers and employes shall be paid at the end of each month, but the county board of any county may authorize the payment of such salaries semimonthly or once in every 2 weeks in such manner as it may determine. Payment for automobile allowance to officers and employes, duly authorized to use privately owned automobiles in their work for the county, shall be made upon certification of the respective department heads in a manner similar to that in which salaries are paid, provided such method of payment of automobile allowance is authorized by ordinance specifically stating the departments to which it shall apply applies.

201,433 Section 433 . 59.81 of the statutes is renumbered 59.64 (4) and amended to read:

59.64 (4) County orders and scrip. (a) Issuance; limitations. When any claim is allowed by any county a board, either in whole or in part, the board shall direct an order to be drawn upon the county treasurer in favor of the claimant for the amount so allowed, but no order except for the per diem and mileage of the members of the board may be drawn in favor of any claimant within 5 days after the allowance of his or her claim. Any person whose claim has been allowed in part may receive the order drawn for the part so allowed without prejudice to his or her right to appeal as to the part disallowed. No county board may issue a greater amount of orders, scrip and certificates of indebtedness than the amount of the county taxes levied in the county for that year. The county board may authorize the issuance of orders, scrip or certificates of indebtedness at a rate of interest specified thereon, but not to exceed 6% per year; except that the orders, scrip and certificates of indebtedness shall bear no interest if paid and payable within one month from date of issuance, and shall bear no interest after date of publication of redemption notice as provided in this subsection paragraph. The county treasurer may publish a class 1 notice, under ch. 985, that the county will redeem certain outstanding orders, scrip or certificates, which notice shall specify the particular orders, scrip or certificates, or series thereof, then redeemable.

(b) Disbursements on. In all counties having with a population of less than three hundred thousand 300,000, all disbursements from the county treasury shall be made by the county treasurer upon the written order of the county clerk after proper vouchers have been filed in the office of the county clerk; and in all cases where the statutes provide for payment by the treasurer without an order of the county clerk, it shall hereafter be the duty of the county clerk to draw and deliver to the treasurer an order therefor for payment before or at the time when such the payment is required to be made by the treasurer. The provisions of this subsection paragraph shall apply to all special and general provisions of the statutes relative to the disbursement of money from the county treasury.

(c) Special counties; countersigned by auditor. In all counties having with a population of 300,000 or more all orders and warrants drawn upon or against county funds shall be countersigned by the county auditor; and the treasurer of such the county shall make no payments of county funds for any purpose unless the order, warrant, certificate, direction or authority given the treasurer for such the payment is countersigned by such the county auditor. This provision requiring the countersigning by said the auditor shall apply to all laws and statutes, special and general, relative to the payment of county funds by the county treasurer except certificates or orders issued for the payment of juror, witness, interpreter, attorney, guardian ad litem and transcript fees.

(d) Examination of. The county board at their its annual session, or oftener if they deem more often if it considers it necessary, shall carefully examine the county orders returned paid by the county treasurer by comparing each order with the record of orders in the county clerk's office, and cause to be entered in said the record opposite to the entry of each order issued the date when the same order was canceled. They The board shall also make a complete list of the orders so canceled, specifying the number, date, amount, and person to whom the same is made payable, except in counties having a population of more than five hundred thousand 500,000, the name of the person to whom the same is made payable may be omitted, which statement shall be entered at length on the journal of the board; and immediately after the above requirements are complied with the orders so canceled shall be destroyed in the presence of the board.

(e) Uncalled for orders; cancellation; reissue. The county clerk shall prepare and present to the county board, at each annual session, a descriptive list giving the amount, date and payee of all county orders which have remained in the clerk's office for 2 years uncalled for by the payee. The board shall cause the orders to be compared with the list, and when found or made correct the list shall be entered at length on the journal of the board and filed in the office of the clerk; all the orders shall be canceled and destroyed. The person in whose favor the order was drawn, except those issued under s. 59.77 (4) sub. (1) (d), may, upon application to the chairperson of the board and county clerk, made within 6 years from the date of the order, have a new order issued for the amount of the original, without interest.

201,434 Section 434 . 59.83 of the statutes is renumbered 59.65 and amended to read:

59.65 Publication of financial report. The several county boards A board shall cause to be made out and published in the county, as a class 1 notice, under ch. 985, immediately after their its annual meeting, a report of the receipts and expenditures of the year next immediately preceding year and the accounts allowed. The county board may within its discretion waive the publication of names of needy soldiers, sailors, marines and United States war veterans and the amount of relief provided under s. 45.14 (2) and shall publish in lieu thereof the total disbursements thereunder.

201,435 Section 435 . 59.84 of the statutes is renumbered 59.60, and 59.60 (1), (3) to (7), (7m) (intro.), (8) (a), (b) (intro.) and 1. and (c) and (a) to (12), as renumbered, are amended to read:

59.60 (1) Application. The provisions of this section shall apply to all counties having with a population of 500,000 or more. Any county with a county executive or county administrator may elect to be subject to the provisions of this section.

(3) Fiscal year. The fiscal year in every such county shall be is the calendar year.

(3m) Accounting and budgeting procedure. Every accounting and budgeting procedure that is applied under this section shall comply with generally accepted accounting principles for government as promulgated by the governmental accounting standards board or its successor bodies or other authoritative sources.

(4) Submission of annual budget requests. On or before the date that the director specifies, but not later than July 15, each department shall annually submit to the director in the form that the director specifies:

(a) The department's estimated revenues and expenditures for the ensuing fiscal year;.

(b) The estimated cost of any capital improvements pending or proposed for the ensuing fiscal year and for the next 4 fiscal years; and.

(5) Compilation of budget requests. Not later than August 15 of each year, the director shall submit to the county executive or county administrator and to the county board:

(a) The annual budget estimates of each department; .

(b) A statement of principal and interest becoming due on outstanding bonds and on other financial obligations;.

(c) An estimate of all other expenditures, including proposed expenditures on capital improvements that are not financed by bonds;.

(d) An estimate of anticipated issues of new bond obligations during the ensuing fiscal year, plus a statement of the funds required for maturities and interest payments on these issues;.

(e) An estimate of funds required as an appropriation for contingencies;.

(f) An estimate of revenue from all other sources; and.

(g) A complete summary of all the budget estimates and a statement of the property tax levy required if funds were appropriated on the basis of these estimates. In determining the property tax levy required, the director shall deduct from the total estimated expenditures the estimated amount of revenue from sources other than the property tax levy and shall deduct the amount of any surplus at the close of the preceding fiscal year not yet appropriated. The board, by two-thirds vote, may adopt a resolution prior to before the adoption of the tax levy authorizing the use of the surplus fund in whole or in part as a sinking fund for the redemption or repurchase of bonds or to provide funds for emergency needs under sub. (9), but for no other purposes.

(6) Review of budget requests. (a) The county executive or county administrator shall review the estimates of expenditures and revenues and shall hold public hearings thereon on such estimates at which the head or a representative of every county department shall appear and give information with regard to the appropriations requested, including work programs, other justification of expenditures, and such other data as the county executive or county administrator requests. The county executive or county administrator shall make such changes in the proposed budget as in the executive's or administrator's discretion may be deemed considered desirable or proper, and shall, on or before October 1, submit to the county board the budget, as amended, after such the hearings. Such amended proposed budget shall be the executive's or administrator's budget and shall include: (a) a all of the following:

1. A simple, clear, general summary of the detailed contents of the budget; (b) a.

2. A comparative statement by organization unit and principal object of expenditure showing the actual expenditures of the preceding fiscal year, the appropriations and estimated expenditures for the fiscal year currently ending, and the recommended appropriations for the fiscal year next succeeding; and (c) a.

3. A comparative statement of the actual revenues from all sources including property taxes during the preceding fiscal year, the anticipated revenues and the estimated revenues for the fiscal year currently ending, and the anticipated revenues for the fiscal year next succeeding including any surplus from the preceding fiscal year not otherwise appropriated pursuant to under sub. (9).

(b) The anticipated revenues for the fiscal year next succeeding shall be equal in amount to the recommended appropriations. The executive's or administrator's budget shall be accompanied by a message prepared by the county executive or county administrator which shall outline the important features of the budget plan and indicate any major changes in policy or in recommended appropriations or revenues as compared with the fiscal year currently ending, and shall set forth the reasons for such changes.

(7) Publication of budget and public hearing. The county 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 county board on such executive's or administrator's budget. The county 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 county board its recommendations for amendments to the executive's or administrator's budget, if any, and the county board shall adopt the budget with such changes as it deems considers proper and advisable. When so adopted, the sums provided shall, subject to the provisions of sub. (8), constitute legal appropriations and anticipated revenues for the ensuing year.

(7m) Publication of budget summary. (intro.) Notwithstanding sub. (1), this subsection applies to all counties having with a population of 500,000 or more. Any such county shall publish, in the same manner as the summary that may be published under sub. (7), a summary that includes all of the following:

(8) (a) At the request of the head of any department, and after receiving the recommendation of the county executive or county administrator, the finance committee may, at any time during the fiscal year, transfer any unencumbered appropriation balance or portion thereof between principal objects of expenditures within a department; but no transfers shall be made of appropriations originating from bond funds unless the purpose for which the bonds were issued has been fulfilled or abandoned. If the county executive or county administrator fails to make a recommendation within 10 days after the submission of a request for transfer, the finance committee may act upon such the request without his or her recommendation. If more than one department is under the jurisdiction of the same board or commission or under the same general management, such the group of departments may be considered as though they were a single unit with respect to transfers of appropriations within the group.

(b) (intro.) Except as provided under sub. (9), the county board, upon the recommendation of the finance committee and by resolution adopted by a majority of the members present and voting at any meeting, may transfer any unencumbered appropriation balance or portion thereof from one department or account to another at any time during the following:

1. The first 9 months of the fiscal year, if another unit of government fails to appropriate moneys which the county board anticipated and appropriated to that department or account when the county board adopted the budget. The amount of moneys money transferred under this subdivision may not exceed the amount of moneys money which that other unit of government fails to appropriate.

(9) Appropriations, supplemental and emergency. (a) At the request of the head of any department and after review and recommendation by the finance committee, the county board, by resolution adopted by a vote of two-thirds of the members-elect of the county board, may transfer from the contingency appropriation into any other appropriation or create a new appropriation for any legal county purpose if any unforeseen condition requires an appropriation of funds during the budget year. The county board may make supplemental appropriations for the year up to the amount of the additional revenue and surplus so certified to meet a public emergency affecting life, health, property or the public welfare, if the director certifies that any of the following funds are available for appropriation:

1. Revenues that are received from sources not anticipated in the budget that year;.

2. Revenues that are received that exceed budget estimates; or.

3. Unappropriated surplus funds from the preceding fiscal year.

(b) An appropriation under par. (a) may be made only by resolution adopted by a vote of two-thirds of the members-elect of the county board. To the extent that unappropriated funds or realized revenues in excess of anticipated revenues are unavailable to meet the emergency, the county board may, by resolution adopted by three-fourths of the members-elect, issue tax anticipation notes under s. 67.12. Notice of intent to make supplemental appropriations from revenues or surplus or to issue tax anticipation notes shall be published as a class 1 notice, under ch. 985, in the 2 daily newspapers having the largest circulation in the county, not less than 6 days prior to the hearings before the finance committee of the county board in regard to these matters.

(10) Ordinance increasing salaries; new positions; when effective. No ordinance or resolution authorizing the creation of new or additional positions or increasing salaries shall become effective in any fiscal year until an appropriation of funds for such purpose is made or the ordinance or resolution contains a provision for the transfer of funds if required. All such ordinances or resolutions which do not require an appropriation or transfer of funds, shall state therein the specific account or accounts in which funds are available for such purposes.

(11) Lapse of appropriations. Every appropriation excepting an appropriation for a capital expenditure, or a major repair, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure or a major repair shall continue in force until the purpose for which it was made has been accomplished or abandoned. The purpose of such appropriation for any capital expenditure or a major repair shall be deemed considered abandoned if 3 years pass without any expenditure from, or encumbrance of, the appropriation concerned.

(12) Payments and obligations prohibited; certifications; penalties. No payment may be authorized or made and no obligation incurred against the county unless the county has sufficient appropriations for payment. No payment may be made or obligation incurred against any an appropriation unless the director first certifies that a sufficient unencumbered balance is or will be available in the appropriation to make the payment or to meet the obligation when it becomes due and payable. Every An obligation incurred and every an authorization of payment in violation of this subsection is void. Any A county officer who knowingly violates this subsection is jointly and severally liable to the county for the full amount paid. Any A county employe who knowingly violates this subsection may be removed for cause. This subsection does not prohibit contracting for capital improvements being financed wholly or partly by the issuance of bonds or prevent the making of any a contract or lease providing for the payment of funds at a time beyond the end of the fiscal year in which the contract or lease is made. The county board shall make or approve by resolution each contract, lease or other obligation requiring the payment of funds from the appropriations of a later fiscal year or of more than one fiscal year.

201,436 Section 436 . 59.85 of the statutes is renumbered 59.53 (17) and amended to read:

59.53 (17) Aid to immigration societies. (a) The county A board of any county may appropriate an amount not to exceed one thousand dollars $1,000 in any one year for the purpose of assisting any a county association of the citizens of such the county, or any an association composed of the citizens of two 2 or more counties of which the citizens of such the county are members, organized solely for the purpose of inducing immigration to the state.

(b) The disbursement of any an appropriation made under this section subsection shall be under the supervision of the chairperson of said the board, the county clerk and county the treasurer, and in all cases after such an appropriation has been made, there shall be filed with the said county clerk a sworn statement by the treasurer of the immigration society for whose benefit the appropriation was made, showing that the amount of said the appropriation has been used by said the association for the purpose of inducing immigration to the county making said the appropriation and to adjoining counties, and itemized bills for the expenditure of a sum equal to said the appropriation duly verified shall accompany such the statement of said the treasurer. Upon the approval of such the statement and such the itemized bills, by the county officers above named, said moneys the money so appropriated shall be paid by the proper officers of the county making the same into the treasury of said the immigration association.

201,437 Section 437 . 59.861 of the statutes is renumbered 59.70 (12), and 59.70 (12) (a) and (b) 1., 2. and 4., as renumbered, are amended to read:

59.70 (12) (a) Any A county or 2 or more contiguous counties may establish a district to control mosquitoes, upon a majority vote of each county board.

(b) 1. If a county establishes a district, the county board shall elect 3 county supervisors to a commission. If 2 or more contiguous counties establish a district, each county board in the district shall elect 2 county supervisors to a commission. The elected county supervisors shall serve as members of the commission until the expiration of their terms as county supervisors, as provided in s. 59.03 59.10 (1) (b), (2) (b), (3) (d) or (5). Each county board in the district shall elect supervisors as replacements when vacancies occur in the commission. The commission shall operate the mosquito control district.

2. The commission shall elect a chairperson, vice chairperson and a secretary at its first meeting each year as provided under par. (c) subd. 3. The chairperson, or vice chairperson, in the chairperson's absence, shall preside at meetings and shall sign contracts and other written instruments of the commission. The secretary shall keep a record of the minutes of each meeting that is available for public inspection at all reasonable times, and shall mail notices to all members of the time and place of meetings.

4. The county board of each county in the district shall reimburse commissioners representing that county in the manner provided in s. 59.06 59.13 for county board committee members.

201,438 Section 438 . 59.863 (title) and (1) (intro.), (a) to (i), (im) and (j) to (L) of the statutes are renumbered 59.70 (13) (title) and (a) (intro.) and 1. to 13., and 59.70 (13) (a) 1. to 4. and 7. to 13., as renumbered, are amended to read:

59.70 (13) (a) 1. Adopt bylaws to regulate its own proceedings.

2. Employ the persons and contract for services to carry out the mosquito control program. The commission may not employ any person who is related to a commissioner.

3. Reimburse employes for expenses that are incurred or paid in the performance of their duties, and provide a reasonable daily reimbursement.

4. Purchase the materials, supplies and equipment to carry out the mosquito control program.

7. Dispose of property of the commission or mosquito control district, if it is no longer needed to control mosquitoes, by selling the property on competitive bids after 2 weeks' published notice.

8. Obtain public liability insurance and worker's compensation insurance.

9. Enter into agreements with other political subdivisions of the state outside the mosquito control district to conduct mosquito control activities within these political subdivisions, to promote mosquito control in the district.

10. Enter into agreements with contiguous states or political subdivisions in contiguous states, as provided in s. 66.30 (5), to conduct mosquito control activities within those states or political subdivisions, to promote mosquito control in the mosquito control district.

11. Collect money from all counties in the district money for operation of the district.

12. Require the employes of the commission who handle commission funds to furnish surety bonds, in amounts the commission may determine.

13. Perform other acts that are reasonable and necessary to carry out the functions of the commission.

201,439 Section 439 . 59.863 (2) and (3) of the statutes are renumbered 59.70 (13) (b) and (c), and 59.70 (13) (b) and (c) 1. to 4., as renumbered, are amended to read:

59.70 (13) (b) Members or employes of the commission may request admission onto any property within the district at reasonable times to determine if mosquito breeding is present. If the owner or occupant refuses admission, the commission member or employe shall seek a warrant to inspect the property as a potential mosquito breeding ground. Commission members or employes may enter upon property to clean up stagnant pools of water or shores of lakes or streams, and may spray mosquito breeding areas with insecticides subject to the approval of the district director and the department of natural resources. The commission shall notify the property owner of any pending action under this subsection paragraph and shall provide the property owner with a hearing prior to acting under this subsection paragraph if the owner objects to the commission's actions.

(c) 1. Submit to the board of each county that is participating in the mosquito control district, at the end of each calendar year, a complete audit of the financial transactions concluded and a progress report indicating the actions taken to control mosquitoes.

2. Publish a notice for general circulation in each of the counties in the district for bids at least 10 days prior to purchasing materials or services costing more than $2,500. The notice shall state the nature of the work or purchase, the terms and conditions upon which the contract will be awarded, and the time and place where bids will be received, opened and read publicly. The commission may reject all bids after the reading or shall award the contract to the lowest responsible bidder. The commission may award the contract to any unit of government without the intervention of bidding, under s. 66.299 (2). The district business administrator shall execute all contracts in writing, and may require the contracting party to provide a bond to ensure performance of the contract. The commission may direct the business administrator to purchase materials or services costing $5,000 or less on the open market at the lowest price available, without securing competitive bids, if the commission declares that an emergency exists by an affirmative vote of five-sixths of the commission. In this paragraph subdivision, an “emergency" is an unforeseen circumstance that jeopardizes life or property.

3. Employ and fix the duties and compensation of a full-time or part-time entomologist to act as director of the mosquito control program, who shall develop and supervise the execution of the program.

4. Employ and fix the duties and compensation of a full-time or part-time business administrator, who shall administer the business affairs of the commission and who shall keep an account of all receipts and disbursements by date, source and amount.

201,440 Section 440 . 59.864 of the statutes is renumbered 59.70 (14) and amended to read:

59.70 (14) Adverse interest of commissioners. No commissioner may have any personal or financial interest in any contract made by the commission. Any violation of this section subsection resulting in a conviction shall void the contract, and shall disqualify the commissioner convicted of the violation from membership on the commission.

201,441 Section 441 . 59.865 of the statutes is renumbered 59.70 (15) and amended to read:

59.70 (15) Financing. On or before October 1 of each year, the commission shall require each county within the mosquito control district to contribute an amount per resident of the county to carry out the purposes of ss. 59.861 to 59.866 subs. (12) to (16). The commission shall determine the amount to charge per resident. The commission shall certify in writing to the county clerk of each county participating in the mosquito control district, the total amount of the county's contribution to the mosquito control district.

201,442 Section 442 . 59.866 of the statutes is renumbered 59.70 (16) and amended to read:

59.70 (16) Dissolution of the district. (a) 1. Any A county may terminate its participation in the district upon a majority vote of the county board and 12 months' notice to the chairperson of the commission. If a county terminates its participation in the district, a board of appraisers as established in par. (b) subd. 2. shall appraise the property of the commission.

2. The board of appraisers shall consist of 3 members, one who is appointed by the terminating county, one by the commission and one by the other 2 members of the appraisal board. If the 2 appraisers cannot agree on the appointment of the 3rd appraiser within 30 days, the commission may appoint the 3rd appraiser. The commission shall pay to the treasurer of the terminating county an amount equal to that county's share in the net assets of the commission, proportionate to the county's financial contribution to the mosquito control district. The terminating county shall remain liable for its allocated share of the contractual obligations of the mosquito control district.

(b) If the district dissolves, the commission shall sell all of its property. The proceeds of the sale remaining after payment of all debts, obligations and liabilities of the district, plus any balance in the fund, shall be divided and paid to the county treasurers of the member counties in proportion to each county's financial contribution to the district. Member counties shall remain liable for unpaid debts after the dissolution of the district.

201,443 Section 443 . 59.87 (title) and (1) to (5) of the statutes are renumbered 59.56 (3) (title) and (a) to (e) and amended to read:

59.56 (3) University extension work. (a) Creation. Any county A board , in accordance with this section, may establish and maintain an educational program in cooperation with the university of Wisconsin, referred to in this section subsection as “University Extension Program".

(b) Committee on agriculture and extension education. If the county a board of supervisors determines to establish establishes a university extension program, it shall create a committee on agriculture and extension education. The county board may select as a member of the committee any public school administrator resident in the county. The members of the committee shall receive such compensation and expenses as the board determines under s. 59.15 59.22 (2) (c) and (3). The committee shall meet at such intervals as is deemed are considered necessary to properly carry out its functions and responsibilities.

(c) Staff. 1. The committee on agriculture and extension education shall appoint professionally qualified persons to the university extension program staff in cooperation with the university extension and vacancies. Vacancies and additions to the staff shall be filled in the same manner.

2. The committee on agriculture and extension education may enter into joint employment agreements with the university extension or with other counties and the university extension if the county funds that are committed in such the agreements have been appropriated by the board. Persons so employed under cooperative agreements and approved by the board of regents shall be considered employes of both the county and the university of Wisconsin.

(d) Finance. For the partial maintenance of the work of the university extension program, including cooperative extension programs as provided for in an act of congress approved May 8, 1914 (38 Stat. 372) and all acts supplementary thereto, the county board may appropriate moneys as requested by the committee on agriculture and extension education to provide the county's share in such work. The money appropriated by the county board shall be disbursed by the treasurer upon orders of the county clerk pursuant to the actions of the committee on agriculture and extension education and as adopted by the county board.

(e) State aids. To supplement the funds provided by the county for the work of the university extension program, each county shall be entitled to a minimum state aid of $1,500 per year if the county board has made the required appropriation to maintain such a program, and such additional funds as are required to provide salary increases equal to those granted to state employes by the legislature.