Wisconsin Legislature: 201,439

(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.

201,444 Section 444 . 59.87 (6) (title) of the statutes is renumbered 59.56 (3) (f) (title).

201,445 Section 445 . 59.87 (6) (intro.) and (a) to (e) of the statutes are renumbered 59.56 (3) (f) 1. (intro.) and a. to e., and 59.56 (3) (f) 1. (intro.), d. and e., as renumbered, are amended to read:

59.56 (3) (f) 1. (intro.) Such A university extension program is authorized, under the direction and supervision of the county committee on agriculture and extension education, cooperating with the university extension of the university of Wisconsin, and within the limits of funds provided by the board and cooperating state and federal agencies, to make available the necessary facilities and conduct programs in the following areas:

d. Extension work provided for in an act of congress that was approved on May 8, 1914 (38 Stat. 372) and all acts supplementary thereto.

e. Any other extension work that is authorized by local, state or federal legislation.

201,446 Section 446 . 59.87 (6) (em) of the statutes is renumbered 59.56 (3) (f) 2. and amended to read:

59.56 (3) (f) 2. Such a program may consist of, but not be limited to, providing agents to conduct programs on energy conservation and renewable energy resource systems, conduct evaluations and provide planning, analysis and other technical support to community agencies and organizations, small businesses, individuals interested in energy conservation in local communities and primary and secondary school teachers.

201,447 Section 447 . 59.87 (6) (f) of the statutes is renumbered 59.56 (3) (f) 3., and 59.56 (3) (f) 3. (intro.), a., e., f. and g., as renumbered, are amended to read:

59.56 (3) (f) 3. (intro.) Take Such program may take any action that will facilitate the accomplishment of any of the functions listed above under this paragraph, including without limitation because of enumeration, the following:

a. Training The training of group leaders and the directing of group activities.

e. Creation The creation of citizens' advisory committees.

f. Dissemination The dissemination of information by any appropriate means including press, radio and television.

g. Charging The imposition of fees for certain desired educational services when sufficient public funds are not available to cover costs.

201,448 Section 448 . 59.87 (7) and (8) of the statutes are renumbered 59.56 (3) (g) and (h) and amended to read:

59.56 (3) (g) Department of government. For the purposes of s. 59.15 59.22 (2) (d) the university extension program shall be a department of county government and the committee on agriculture and extension education shall be the committee which is hereby delegated the authority to direct and supervise such the department. In cooperation with the university extension of the university of Wisconsin, the committee on agriculture and extension education shall have the responsibility for the formulation and execution of to formulate and execute the university extension program. The university extension shall annually report to the board its activities and accomplishments.

(h) Cooperation. The personnel of the university extension program shall, whenever feasible, cooperate with other educational programs of importance to the citizens residents of the county. Such cooperative agreements may be made under s. 66.30.

201,449 Section 449 . 59.871 of the statutes is renumbered 59.70 (17) and amended to read:

59.70 (17) Worms, insects, weeds, animal diseases, appropriation. (a) The board may appropriate money for the control of insect and worm pests, weeds, or plant or animal diseases within the county, and select from its members a committee which, upon advice from the county agent that an emergency exists because of the destruction which is being or may be wrought to farm lands farmlands, livestock or crops in the county by any such pests, may take steps necessary to suppress and control such pests. The clerk shall within 10 days notify the department of agriculture, trade and consumer protection of such appropriation and of the members of such committee. The state entomologist and said department shall cooperate with such committee in the execution of measures necessary for the suppression and control of such pests.

(b) When such an emergency exists the committee may draw on the contingent fund, if available, an amount not to exceed $5,000 which shall be disbursed upon certification of the committee for the purposes specified in sub. (1) par. (a) as they relate to worm or insect pests; the treasurer shall pay the amounts so certified. No disbursement shall be made by the committee unless the owner of the premises affected has requested the committee to take steps to suppress or control the pests or when steps have been undertaken by another authority.

201,450 Section 450 . 59.873 of the statutes is renumbered 59.70 (24) and amended to read:

59.70 (24) Lime to farmers. The board may manufacture agricultural lime and sell and distribute it at cost to farmers and may acquire lands for such purposes.

201,451 Section 451 . 59.874 of the statutes is renumbered 59.70 (18) and amended to read:

59.70 (18) Land clearing and weed control. The board may purchase or accept by gift or grant tractors, bulldozers and other equipment for clearing and draining land and controlling weeds on same, and for such purposes to operate or lease the same for work on private lands;. The board may charge fees for such service and for rental of such equipment on a cost basis.

201,452 Section 452 . 59.875 of the statutes is renumbered 59.55 (2) and amended to read:

59.55 (2) Testing milk and soil. The board may appropriate money and provide office and laboratory space for testing milk and soil and may provide residents of the county with reports of such tests.

201,453 Section 453 . 59.876 of the statutes is renumbered 59.53 (18) and amended to read:

59.53 (18) Immigration board. (a) The county board may create a an immigration board of immigration of from consisting of 3 to 5 members, one of whom shall be the county surveyor. Such The immigration board shall meet, and its members shall receive such compensation and expenses and shall serve for such the terms as that the county board determines.

(b) The immigration board shall aid in promoting settlement of vacant agricultural lands in the county, and shall protect prospective settlers from unfair practices.

(c) The county board may in any year appropriate for the carrying out of the work of such the immigration board a sum not to exceed $5,000.

201,454 Section 454 . 59.877 of the statutes is renumbered 59.79 (12) and amended to read:

59.79 (12) Licenses for cats. A county having a population of 500,000 or more may enact Enact an ordinance requiring licenses for cats. The ordinance may require a person who owns or keeps a cat within the county's boundaries to pay a license fee, obtain a license tag and otherwise control the cat. An ordinance enacted under this section subsection shall require the owner of a cat to present evidence that the cat is currently immunized against rabies before a license may be issued. All proceeds from cat licenses shall be used for licensing, regulating and impounding of cats.

201,455 Section 455 . 59.878 of the statutes is renumbered 59.70 (19).

201,456 Section 456 . 59.879 of the statutes is renumbered 59.70 (20) and amended to read:

59.70 (20) Land conservation. (a) Soil and water conservation. Each board is responsible for developing and implementing a soil and water conservation program, that is specified under ch. 92, through its land conservation committee.

(b) Committee powers and duties. The land conservation committee created by the board has the powers and duties that are specified for that committee under ch. 92.

(c) Appropriation of funds. The board may appropriate funds for soil and water conservation and for other purposes relating that relate to land conservation.

(d) Land use and land management. The board may adopt enact ordinances under s. 92.11 regulating that regulate land use and land management practices to promote soil and water conservation.

201,457 Section 457 . 59.88 of the statutes is renumbered 59.72, and 59.72 (1) (c), (3) (intro.) and (5) (a) and (b) (intro.), as renumbered, are amended to read:

59.72 (1) (c) “Local governmental unit" means a city, village, town municipality, regional planning commission, special purpose district or local governmental association, authority, board, commission, department, independent agency, institution or office.