SB639, s. 425
19Section
425. 59.75 of the statutes is renumbered 59.61 (3) and amended to
20read:
SB639,229,1021
59.61
(3) Funds to be placed in depositories; reports; cash balance. (a)
22Whenever
any county a board has designated a county depository under
s. 59.74 sub.
23(2), the
county treasurer shall deposit therein as soon as received all funds that come
24to the treasurer's hands in that capacity in excess of the sum the treasurer is
25authorized by the board to retain. Any sum on deposit shall be
deemed considered
1to be in the county treasury, and the treasurer shall not be liable for any loss thereon
2resulting from the failure or default of such depository. The
county board, a
3committee of the
county board designated by it or the
county treasurer acting under
4s.
59.20 (14) 59.25 (3) (s) may invest any funds that come into the county treasurer's
5hands in excess of the sum the treasurer is authorized by the
county board to retain
6for immediate use in the name of the county in the local government
7pooled-investment fund, in interest-bearing bonds of the United States or of any
8county or municipality in the state or in any other investment authorized by statute.
9The board, committee or the county treasurer acting under s.
59.20 (14) 59.25 (3) (s) 10may sell such securities when
deemed considered advisable.
SB639,229,1511
(b) Every such depository shall on the first business day of each month, and
12oftener more often when required, file with the
county clerk a statement of the
13amount of county money deposited with it during the preceding month, and the
14treasurer shall at the same time file with such clerk a statement showing the amount
15of moneys received and disbursed by the treasurer during the previous month.
SB639,229,1916
(c) The
county board may fix the amount of money which may be retained by
17the treasurer but in no case shall the sum exceed $3,000; provided, that in all
18counties having a population of 200,000
or more inhabitants
or over, the treasurer
19may retain such sum as may be fixed by the
county board.
SB639,229,2320
(d) Such treasurer and clerk, whenever the cash balance does not amount to
21the sum authorized by the
county board to be retained, may increase it to such
22amount by their check on the county depository or depositories in favor of such
23treasurer.
SB639, s. 426
24Section
426. 59.76 of the statutes is renumbered 59.07 and amended to read:
SB639,230,3
159.07 Claims against counties; actions on.
(1) No action may be brought
2or maintained against a county upon a claim or
upon a cause of action unless the
3claimant complies with s. 893.80.
SB639,230,6
4(2) No action may be brought or maintained against a county, for disclosure of
5information
that is received under s. 342.20 (3) and maintained under s. 342.20 (4)
6or
that is received under s. 30.572 (4) and maintained under s. 30.572 (5).
SB639, s. 427
7Section
427. 59.77 (title), (1) to (4) and (6) to (8) of the statutes are renumbered
859.64 (1) (title) and (a) to (g) and amended to read:
SB639,230,139
59.64
(1) Claims, how made; procedure. (a)
In general. Every person, except
10jurors, witnesses and interpreters, and except physicians or other persons
who are 11entitled to receive from the county fees for reporting to the register of deeds births
12or deaths, which have occurred under their care, having any claim against any
13county shall comply with s. 893.80.
SB639,230,2214
(b)
Of court officers, certified by district attorney. No claim for official services,
15in any criminal action or proceeding before a judge
, shall be allowed by any
county 16board until the same has been examined and a written report made thereon by the
17district attorney of the proper county as required by
sub. (4) par. (d); nor shall the
18claim of any sheriff, undersheriff, deputy sheriff, constable or other such officer for
19the services or expenses of an assistant in making an arrest or commitment be
20allowed unless the judge before whom the prisoner is brought certifies that there was
21a necessity for such assistance because of the dangerous character of the defendant
22or because 2 or more persons were arrested at the same time.
SB639,231,923
(c)
Of judicial officers. Court commissioners shall, on or before the first Monday
24of November in each year, forward to the
county clerk of their respective counties a
25correct statement of all actions or proceedings had before them, during the
year next
1immediately preceding
year, in which the county
shall have become became liable for
2costs, giving the names of the parties in each action or proceeding, the nature and
3result of the same, the amount of costs in detail in each case
, and what items, if any
, 4have been paid and the amount thereof. The
county clerk shall file such statements
5in his or her office. Any such officer who neglects to make and return such statements
6within the time prescribed in this
subsection paragraph shall not receive any
7compensation from the county for any service rendered by him or her in any criminal
8case or proceeding during the year next preceding the time when the statement is
9required to be made and returned.
SB639,231,1310
(d)
Of court officers; certification; audit by district attorney; waiver. Fees of
11officers, in any action or proceeding before a court commissioner, shall be certified
12to and allowed by the
county board in the
manner following
, and in no other way 13manner:
SB639,231,2214
1. At least 10 days before the annual meeting of the board every such officer
15shall make and file with the
county clerk a certified statement of all actions or
16proceedings had or tried before him or her in which the state was a party, and
17wherein the county
has become became liable for the fees of officers, within the year
18next preceding the date of the statement, showing the title and nature of the action
19or examination, date of trial, the names of all officers, who actually attended court
20and gave in a statement of their attendance and travel; and also such on the part of
21the defendant as were allowed against the county, and the amount to which they are
22severally entitled. The statement shall be substantially in the following form:
SB639,231,23
23State of Wisconsin
SB639,232,1
1In .... Court
SB639,232,22
Complaint for ....
SB639,232,33
Before ...., .... Judge.
SB639,232,44
Heard the .... day of ...., 19..
SB639,232,55
To the County Board of .... County:
SB639,232,106
I hereby certify that in the foregoing entitled action the following named
7persons rendered services therein, and attended before me in the capacity stated,
8and that they are severally entitled to the amounts specified below for the services,
9attendance and travel, and that the services were actually and necessarily rendered,
10and said action was prosecuted in good faith:
SB639,232,1311
A.B. (constable or sheriff), actually and necessarily traveled in serving the ....
12herein, .... miles, and attended court .... days, and is entitled to .... dollars for other
13just and lawful services in the cause, and in all is entitled to .... dollars.
SB639,232,1414
Dated this .... day of ...., 19..
SB639,233,215
2. The
county clerk shall deliver such statement to the district attorney, who
16shall examine the same and make a report in writing thereon to the
county board,
17specifying the items in each for which the county is or is not liable, and the extent
18of its liability if it is liable for a part only of any such item. Such statement and report
19shall be laid before the
county board by the county clerk and insofar as the items
20charged therein are approved by the district attorney such statement shall be prima
21facie evidence of the claims of the persons named therein; and the board shall
22examine the same and allow such as are legal, and direct that orders be drawn for
23the amount allowed to each person named therein. If any person in whose favor any
24such order is drawn shall not call for the same within
two 2 years from the time the
1claim is allowed the person's right to any compensation for services shall be
deemed 2considered waived and the
county board shall cancel such order.
SB639,233,83
(e)
Fees for statements and certificates. Every court commissioner shall receive
4from the
county treasurer $1 per page for making statements and returns required
5by
sub. (3) par. (c) and $1 for making each certificate required by
sub. (4) par. (d). All
6such statements and certificates shall be transmitted to the
county clerk by certified
7mail and for transmitting the statements and certificates the court commissioner
8shall receive $1.
SB639,233,129
(f)
Court commissioners. The
county board at any session thereof
, either an
10adjourned or a special session, may as provided in
sub. (4) (b) par. (d) 2. examine and
11allow any statement, account or claim of any court commissioner which is on file with
12the
county clerk before the opening of the session of the
county board.
SB639,233,1813
(g)
Payment of juror, witness, interpreter, attorney, guardian ad litem and
14transcript fees; penalty. If a county is liable for juror fees or for witness, interpreter,
15attorney, guardian ad litem or transcript fees which are on the part of the state or
16of the defendant in any action or proceeding before a judge of the circuit court or
17before the medical examiner of
such the county, the procedure to secure payment of
18such the fees shall be as follows:
SB639,234,219
1. The clerk of the respective court, the register of probate, or the medical
20examiner as the case may be shall issue to
such the person an order directing the
21county treasurer to make payment of
such the fee.
Said The order shall state the
22name of the person to whom payable, the time served, the number of miles traveled
23by the person, and the amount of compensation to which the person is entitled,
24together with the title of the action in which
such
the person
so served, the capacity
25in which the person served and the date or dates of service, or in case of transcript
1fees, the title of the action and the dates on which the testimony for
such the 2transcript was taken.
SB639,234,83
2. The person to whom
such the certificate or order is issued shall be required
4to
indorse the same endorse it prior to receiving payment and thereby indicate that
5he or she is the person mentioned
therein in the certificate or order, that the number
6of miles traveled and the capacity in which he or she served and the work which he
7or she performed is true and correct as stated and that he or she has not at any time
8received any compensation therefor.
SB639,234,149
3. Upon presentation of
such the certificate or order properly signed and
10endorsed, the
county treasurer shall pay to the holder
, upon surrender
thereof of the
11certificate or order, the amount
therein set forth
in the certificate or order, and
such 12the order or certificate shall
thereafter in all other respects be handled by
said the 13treasurer in the same manner as all other county orders drawn upon him or her are
14handled.
SB639,234,1915
4. Any judge or court commissioner, juror, witness, interpreter, attorney,
16guardian ad litem or recipient of transcript fees who makes, signs or
indorses 17endorses any such certificate or order which is untrue in respect to anything
18material, which he or she knows to be false, or which he or she
has not does not have 19good reason to believe is true, shall be punished as provided in s. 946.12.
SB639, s. 428
20Section
428. 59.78 of the statutes is renumbered 59.64 (2) and amended to
21read:
SB639,235,1122
59.64
(2) Special counties; classification of claims. In counties
containing 23with a population of more than
three hundred thousand 300,000, the county auditor
24shall classify all such claims according to the budgetary funds provided for in s.
59.84 2559.60, against which they are chargeable, before such claims are laid before such
1board. The county auditor shall then submit with the claims chargeable against each
2fund, a statement of the balance in such fund against which no county orders have
3been issued. If such balance in any fund is less than the total of the claims chargeable
4against such fund, the auditor shall call the attention of the board to that fact, and
5such board shall not issue county orders in excess of such balance without previously
6appropriating to such fund an additional sum at least sufficient to cover such orders.
7If any claims
or claim shall be are for a purpose for which no specific appropriation
8has been made in the budget, such
claim or claims shall be considered as chargeable
9against the contingent fund. When the county auditor countersigns any order on the
10county treasurer for the payment of a claim allowed the auditor shall charge such
11order against the fund appropriated for that purpose.
SB639, s. 429
12Section
429. Subchapter VIII (title) of chapter 59 [precedes 59.79] of the
13statutes is created to read:
SB639,235,1414
Chapter 59
SB639,235,1615
Subchapter VIII
16
Populous counties
SB639, s. 430
17Section
430. 59.79 of the statutes is renumbered 59.64 (3) and amended to
18read:
SB639,236,919
59.64
(3) Action on claims by board. The
county clerk shall, on the first day
20of any meeting of the
county board, lay before said board all such claims, statements
21of which have been filed in the clerk's office since the last meeting of such board, with
22a schedule of the same showing the amount thereof and the order in which the same
23were filed; and the
county board shall act upon all such claims before the
24adjournment of the next annual session of such board after such statements were
25filed with the clerk, and shall examine and allow or disallow the same in whole or
1in part unless withdrawn by leave of the board; and in case of the disallowance of a
2part of an account or other claim composed of separate items the board shall
3designate particularly each item disallowed; and when the amount allowed for any
4claim shall have been accepted and received by the claimant, and no action shall be
5brought to recover the remainder thereof, no further sum shall thereafter be allowed
6or paid thereon by the
county board. The
county board, or a committee
thereof of the
7board, for the purpose of ascertaining the facts in relation to any claim presented for
8their the board's or committee's exemption and allowance, may take such testimony
9as
they may deem it considers necessary.
SB639, s. 431
10Section
431. 59.79 (intro.) of the statutes is created to read:
SB639,236,12
1159.79 Milwaukee County. (intro.) In a county
having with a population of
12500,000 or more, the board may:
SB639, s. 432
13Section
432. 59.80 of the statutes is renumbered 59.52 (10) and amended to
14read:
SB639,236,2315
59.52
(10) Salaries and automobile allowance; when payable. Salaries of
16county officers and employes shall be paid at the end of each month, but the
county 17board of any county may authorize the payment of such salaries semimonthly or once
18in every 2 weeks in such manner as it may determine. Payment for automobile
19allowance to officers and employes, duly authorized to use privately owned
20automobiles in their work for the county, shall be made upon certification of the
21respective department heads in a manner similar to that in which salaries are paid,
22provided such method of payment of automobile allowance is authorized by
23ordinance specifically stating the departments to which it
shall apply applies.
SB639, s. 433
24Section
433. 59.81 of the statutes is renumbered 59.64 (4) and amended to
25read:
SB639,237,18
159.64
(4) County orders and scrip. (a)
Issuance; limitations. When any claim
2is allowed by
any county a board, either in whole or in part, the board shall direct an
3order to be drawn upon the
county treasurer in favor of the claimant for the amount
4so allowed, but no order except for the per diem and mileage of the members of the
5board may be drawn in favor of any claimant within 5 days after the allowance of his
6or her claim. Any person whose claim has been allowed in part may receive the order
7drawn for the part so allowed without prejudice to his or her right to appeal as to the
8part disallowed. No
county board may issue a greater amount of orders, scrip and
9certificates of indebtedness than the amount of the county taxes levied in the county
10for that year. The
county board may authorize the issuance of orders, scrip or
11certificates of indebtedness at a rate of interest specified thereon, but not to exceed
126% per year; except that the orders, scrip and certificates of indebtedness shall bear
13no interest if paid and payable within one month from date of issuance, and shall
14bear no interest after date of publication of redemption notice as provided in this
15subsection paragraph. The
county treasurer may publish a class 1 notice, under ch.
16985, that the county will redeem certain outstanding orders, scrip or certificates,
17which notice shall specify the particular orders, scrip or certificates, or series thereof,
18then redeemable.
SB639,238,319
(b)
Disbursements on. In all counties
having with a population of less than
20three hundred thousand 300,000, all disbursements from the county treasury shall
21be made by the
county treasurer upon the written order of the
county clerk after
22proper vouchers have been filed in the office of the
county clerk; and in all cases
23where the statutes provide for payment by the treasurer without an order of the
24county clerk, it shall
hereafter be the duty of the
county clerk to draw and deliver to
25the treasurer an order
therefor for payment before or at the time when
such the
1payment is required to be made by the treasurer. The provisions of this
subsection 2paragraph shall apply to all special and general provisions of the statutes relative
3to the disbursement of money from the county treasury.
SB639,238,134
(c)
Special counties; countersigned by auditor. In all counties
having with a
5population of 300,000 or more all orders and warrants drawn upon or against county
6funds shall be countersigned by the county auditor; and the treasurer of
such the 7county shall make no payments of county funds for any purpose unless the order,
8warrant, certificate, direction or authority given the treasurer for
such the payment
9is countersigned by
such the county auditor. This provision requiring the
10countersigning by
said the auditor shall apply to all laws and statutes, special and
11general, relative to the payment of county funds by the
county treasurer except
12certificates or orders issued for the payment of juror, witness, interpreter, attorney,
13guardian ad litem and transcript fees.
SB639,238,2514
(d)
Examination of. The
county board at
their its annual session, or
oftener if
15they deem more often if it considers it necessary, shall carefully examine the county
16orders returned paid by the
county treasurer by comparing each order with the
17record of orders in the
county clerk's office, and cause to be entered in
said the record
18opposite to the entry of each order issued the date when the
same order was canceled.
19They The board shall also make a complete list of the orders so canceled, specifying
20the number, date, amount, and person to whom the same is made payable, except in
21counties having a population of more than
five hundred thousand 500,000, the name
22of the person to whom the same is made payable may be omitted, which statement
23shall be entered at length on the journal of the board; and immediately after the
24above requirements are complied with the orders so canceled shall be destroyed in
25the presence of the board.
SB639,239,10
1(e)
Uncalled for orders; cancellation; reissue. The
county clerk shall prepare
2and present to the
county board, at each annual session, a descriptive list giving the
3amount, date and payee of all county orders which have remained in the clerk's office
4for 2 years uncalled for by the payee. The board shall cause the orders to be compared
5with the list, and when found or made correct the list shall be entered at length on
6the journal of the board and filed in the office of the clerk; all the orders shall be
7canceled and destroyed. The person in whose favor the order was drawn, except
8those issued under
s. 59.77 (4) sub. (1) (d), may, upon application to the chairperson
9of the board and
county clerk, made within 6 years from the date of the order, have
10a new order issued for the amount of the original, without interest.
SB639, s. 434
11Section
434. 59.83 of the statutes is renumbered 59.65 and amended to read:
SB639,239,19
1259.65 Publication of financial report. The several county boards A board 13shall cause to be made out and published in the county, as a class 1 notice, under ch.
14985, immediately after
their its annual meeting, a report of the receipts and
15expenditures of the
year next immediately preceding
year and the accounts allowed.
16The
county board may
within its discretion waive the publication of names of needy
17soldiers, sailors, marines and United States war veterans and the amount of relief
18provided under s. 45.14 (2) and shall publish in lieu thereof the total disbursements
19thereunder.
SB639, s. 435
20Section
435. 59.84 of the statutes is renumbered 59.60, and 59.60 (1), (3) to
21(7), (7m) (intro.), (8) (a), (b) (intro.) and 1. and (c) and (a) to (12), as renumbered, are
22amended to read:
SB639,239,2523
59.60
(1) Application. The provisions of this section shall apply to all counties
24having with a population of 500,000 or more. Any county with a county executive or
25county administrator may elect to be subject to the provisions of this section.
SB639,240,2
1(3) Fiscal year. The fiscal year in every
such county
shall be
is the calendar
2year.
SB639,240,6
3(3m) Accounting and budgeting procedure. Every accounting and budgeting
4procedure
that is applied under this section shall comply with generally accepted
5accounting principles for government as promulgated by the governmental
6accounting standards board or its successor bodies or other authoritative sources.
SB639,240,9
7(4) Submission of annual budget requests. On or before the date
that the
8director specifies
, but not later than July 15, each department shall annually submit
9to the director in the form
that the director specifies:
SB639,240,1110
(a) The department's estimated revenues and expenditures for the ensuing
11fiscal year
;.
SB639,240,1312
(b) The estimated cost of any capital improvements pending or proposed for the
13ensuing fiscal year and for the next 4 fiscal years
; and.
SB639,240,1414
(c) Any other information
that the director requests.
SB639,240,17
15(5) Compilation of budget requests. Not later than August 15 of each year,
16the director shall submit to the county executive or county administrator and to the
17county board:
SB639,240,1818
(a) The annual budget estimates of each department
;.
SB639,240,2019
(b) A statement of principal and interest becoming due on outstanding bonds
20and on other financial obligations
;.
SB639,240,2221
(c) An estimate of all other expenditures, including proposed expenditures on
22capital improvements
that are not financed by bonds
;.
SB639,240,2523
(d) An estimate of anticipated issues of new bond obligations during the
24ensuing fiscal year, plus a statement of the funds required for maturities and interest
25payments on these issues
;.
SB639,241,1
1(e) An estimate of funds required as an appropriation for contingencies
;.
SB639,241,22
(f) An estimate of revenue from all other sources
; and
.
SB639,241,123
(g) A complete summary of all the budget estimates and a statement of the
4property tax levy required if funds were appropriated on the basis of these estimates.
5In determining the property tax levy required, the director shall deduct from the
6total estimated expenditures the estimated amount of revenue from sources other
7than the property tax levy and shall deduct the amount of any surplus at the close
8of the preceding fiscal year not yet appropriated. The board, by two-thirds vote, may
9adopt a resolution
prior to before the adoption of the tax levy authorizing the use of
10the surplus fund in whole or in part as a sinking fund for the redemption or
11repurchase of bonds or to provide funds for emergency needs under sub. (9), but for
12no other purposes.
SB639,241,24
13(6) Review of budget requests. (a) The county executive or county
14administrator shall review the estimates of expenditures and revenues and shall
15hold public hearings
thereon on such estimates at which the head or a representative
16of every county department shall appear and give information with regard to the
17appropriations requested, including work programs, other justification of
18expenditures, and
such other data as the county executive or county administrator
19requests. The county executive or county administrator shall make such changes in
20the proposed budget as in the executive's or administrator's discretion may be
21deemed considered desirable or proper, and shall, on or before October 1, submit to
22the
county board the budget, as amended, after
such the hearings. Such amended
23proposed budget shall be the executive's or administrator's budget and shall include
:
24(a) a all of the following:
SB639,242,2
11. A simple, clear, general summary of the detailed contents of the budget
; (b)
2a.
SB639,242,6
32. A comparative statement by organization unit and principal object of
4expenditure showing the actual expenditures of the preceding fiscal year, the
5appropriations and estimated expenditures for the fiscal year currently ending, and
6the recommended appropriations for the fiscal year next succeeding
; and (c) a.
SB639,242,11
73. A comparative statement of the actual revenues from all sources including
8property taxes during the preceding fiscal year, the anticipated revenues and the
9estimated revenues for the fiscal year currently ending, and the anticipated
10revenues for the fiscal year next succeeding including any surplus from the
11preceding fiscal year not otherwise appropriated
pursuant to under sub. (9).
SB639,242,18
12(b) The anticipated revenues for the fiscal year next succeeding shall be equal
13in amount to the recommended appropriations. The executive's or administrator's
14budget shall be accompanied by a message prepared by the county executive or
15county administrator which shall outline the important features of the budget plan
16and indicate any major changes in policy or in recommended appropriations or
17revenues as compared with the fiscal year currently ending, and shall set forth the
18reasons for such changes.
SB639,243,12
19(7) Publication of budget and public hearing. The
county board shall refer
20the executive's or administrator's budget to the finance committee and such
21committee shall publish as a class 1 notice, under ch. 985, a summary of the
22executive's or administrator's budget and comparative figures together with a
23statement of the county's bonded indebtedness, in the 2 daily newspapers having the
24largest circulation in the county, and shall make available to the general public
25reprinted copies of the summary as published. The publication shall also state the
1date, hour, and place of the public hearing to be held by the
county board on such
2executive's or administrator's budget. The
county board shall, not less than 14 days
3after publication of the summary of the executive's or administrator's budget, but not
4later than the first Monday in November of each year and prior to the adoption of the
5property tax levy, hold a public hearing on such executive's or administrator's
6budget, at which time citizens may appear and express their opinions. After such
7public hearing, and on or before the annual meeting, the finance committee shall
8submit to the
county board its recommendations for amendments to the executive's
9or administrator's budget, if any, and the
county board shall adopt the budget with
10such changes as it
deems considers proper and advisable. When so adopted, the sums
11provided shall, subject to the provisions of sub. (8), constitute legal appropriations
12and anticipated revenues for the ensuing year.
SB639,243,16
13(7m) Publication of budget summary. (intro.) Notwithstanding sub. (1), this
14subsection applies to all counties
having with a population of 500,000 or more. Any
15such county shall publish, in the same manner as the summary that may be
16published under sub. (7), a summary that includes all of the following:
SB639,244,4
17(8) (a) At the request of the head of any department, and after receiving the
18recommendation of the county executive or county administrator, the finance
19committee may, at any time during the fiscal year, transfer any unencumbered
20appropriation balance or portion thereof between principal objects of expenditures
21within a department; but no transfers shall be made of appropriations originating
22from bond funds unless the purpose for which the bonds were issued has been
23fulfilled or abandoned. If the county executive or county administrator fails to make
24a recommendation within 10 days after the submission of a request for transfer, the
25finance committee may act upon
such the request without his or her
1recommendation. If more than one department is under the jurisdiction of the same
2board or commission or under the same general management,
such the group of
3departments may be considered as though they were a single unit with respect to
4transfers of appropriations within the group.
SB639,244,95
(b) (intro.) Except as provided under sub. (9), the
county board, upon the
6recommendation of the finance committee and by resolution adopted by a majority
7of the members present and voting at any meeting, may transfer any unencumbered
8appropriation balance or portion thereof from one department or account to another
9at any time during the following:
SB639,244,1410
1. The first 9 months of the fiscal year, if another unit of government fails to
11appropriate moneys which the
county board anticipated and appropriated to that
12department or account when the
county board adopted the budget. The amount of
13moneys money transferred under this subdivision may not exceed the amount of
14moneys money which that other unit of government fails to appropriate.
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(c) Paragraph (b) does not apply to
any an appropriation which is irrepealable
16by law.
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17(9) Appropriations, supplemental and emergency. (a) At the request of the
18head of any department and after review and recommendation by the finance
19committee, the
county board, by resolution adopted by a vote of two-thirds of the
20members-elect of the
county board, may transfer from the contingency
21appropriation into any other appropriation or create a new appropriation for any
22legal county purpose if any unforeseen condition requires an appropriation of funds
23during the budget year. The
county board may make supplemental appropriations
24for the year up to the amount of the additional revenue and surplus so certified to
1meet a public emergency affecting life, health, property or the public welfare, if the
2director certifies that any of the following funds are available for appropriation:
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1. Revenues
that are received from sources not anticipated in the budget that
4year
;.
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2. Revenues
that are received that exceed budget estimates
; or.
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3. Unappropriated surplus
funds from the preceding fiscal year.
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(b) An appropriation under par. (a) may be made only by resolution adopted by
8a vote of two-thirds of the members-elect of the
county board. To the extent that
9unappropriated funds or realized revenues in excess of anticipated revenues are
10unavailable to meet the emergency, the
county board may, by resolution adopted by
11three-fourths of the members-elect, issue tax anticipation notes under s. 67.12.
12Notice of intent to make supplemental appropriations from revenues or surplus or
13to issue tax anticipation notes shall be published as a class 1 notice, under ch. 985,
14in the 2 daily newspapers having the largest circulation in the county, not less than
156 days prior to the hearings before the finance committee of the county board in
16regard to these matters.
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17(10) Ordinance increasing salaries; new positions; when effective. No
18ordinance or resolution authorizing the creation of new or additional positions or
19increasing salaries shall become effective in any fiscal year until an appropriation
20of funds for such purpose is made or the ordinance or resolution contains a provision
21for the transfer of funds if required. All such ordinances or resolutions which do not
22require an appropriation or transfer of funds
, shall state therein the specific account
23or accounts in which funds are available for such purposes.
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24(11) Lapse of appropriations. Every appropriation excepting an appropriation
25for a capital expenditure, or a major repair, shall lapse at the close of the fiscal year
1to the extent that it has not been expended or encumbered. An appropriation for a
2capital expenditure or a major repair shall continue in force until the purpose for
3which it was made has been accomplished or abandoned. The purpose of such
4appropriation for any capital expenditure or a major repair shall be
deemed 5considered abandoned if 3 years pass without any expenditure from, or encumbrance
6of, the appropriation concerned.
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7(12) Payments and obligations prohibited; certifications; penalties. No
8payment may be authorized or made and no obligation incurred against the county
9unless the county has sufficient appropriations for payment. No payment may be
10made or obligation incurred against
any an appropriation unless the director first
11certifies that a sufficient unencumbered balance is or will be available in the
12appropriation to make the payment or to meet the obligation when it becomes due
13and payable.
Every An obligation incurred and
every an authorization of payment
14in violation of this subsection is void.
Any A county officer who knowingly violates
15this subsection is jointly and severally liable to the county for the full amount paid.
16Any A county employe who knowingly violates this subsection may be removed for
17cause. This subsection does not prohibit contracting for capital improvements being
18financed wholly or partly by the issuance of bonds or prevent the making of
any a 19contract or lease providing for the payment of funds at a time beyond the end of the
20fiscal year in which the contract or lease is made. The
county board shall make or
21approve by resolution each contract, lease or other obligation requiring the payment
22of funds from the appropriations of a later fiscal year or of more than one fiscal year.
SB639, s. 436
23Section
436. 59.85 of the statutes is renumbered 59.53 (17) and amended to
24read:
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159.53
(17) Aid to immigration societies. (a)
The county A board
of any county 2may appropriate
an amount not to exceed
one thousand dollars $1,000 in any one
3year for the purpose of assisting
any a county association of the citizens of
such the 4county, or
any an association composed of the citizens of
two 2 or more counties of
5which the citizens of
such the county are members, organized solely for the purpose
6of inducing immigration to the state.