AB329: Bill Text

AB329, s. 29 Section 29. 30.38 (13) (c) of the statutes is amended to read:

AB329,15,16 30.38 (13) (c) At the end of each fiscal year, the board shall compute its net revenue, if any, after paying the costs of operating, maintaining and improving the harbor. Thereupon, the board shall certify the amount of such net revenue, if any, to the municipal treasurer or county comptroller under s. 59.255 who shall cause such amount to be transferred from the harbor fund to the general fund of the municipality.

AB329, s. 30 Section 30. 32.58 (3) (a) of the statutes is amended to read:

AB329,15,25 32.58 (3) (a) The county treasurer or county comptroller under s. 59.255, under s. 74.57 or the city treasurer, if authorized to act under s. 74.87, may include the owner's property in a tax certificate to collect the delinquent assessment, unless a special improvement bond under s. 32.67 is issued against the property. If the city has issued a special improvement bond against the owner's property, it may foreclose the property to collect the delinquent assessment. Even if only part of the property is within the benefit district and assessed benefits, the entire property may be sold or foreclosed to collect the delinquent assessment.

AB329, s. 31 Section 31. 34.01 (7) of the statutes is amended to read:

AB329,16,5 34.01 (7) "Treasurer" means any duly elected, appointed or acting official or employee of a public depositor whose duties require that he or she receive and account for public moneys, and "treasurer" includes a county comptroller under s. 59.255.

AB329, s. 32 Section 32. 34.105 (1) of the statutes is amended to read:

AB329,16,14 34.105 (1) Withdrawal or disbursement by a treasurer of any county, city, village, town, school district or cooperative educational service agency of moneys deposited in a public depository shall be made as provided by s. 66.0607 (1) to (5). "Treasurer" as used in this subsection means only the elected, appointed or acting official treasurer of a county, city, village, town, school district or cooperative educational service agency and, except for county comptroller under s. 59.255, does not include all of the other persons within the definition of that term in s. 34.01 (7). This section does not affect s. 67.10 (2).

AB329, s. 33 Section 33. 36.11 (1) (d) of the statutes is amended to read:

AB329,16,21 36.11 (1) (d) All fines imposed and collected under this subsection shall be transmitted to the county treasurer or county comptroller under s. 59.255 for disposition in accordance with s. 59.25 (3) (f) and (j) and 59.255 (3) (f) and (j). All forfeitures, including forfeitures of posted bail if any, imposed and collected under this subsection shall be transmitted to the county treasurer or county comptroller under s. 59.255 for disposition in accordance with ss. 778.13 and 778.17.

AB329, s. 34 Section 34. 41.41 (10) (c) 1. of the statutes is amended to read:

AB329,17,6 41.41 (10) (c) 1. Except as provided in par. (d), on or before each January 31, the department shall pay to the treasurer of each taxation district specified in par. (b), and to the county comptroller under s. 59.255, with respect to all land in the Kickapoo valley reserve and all land acquired by the board on or before January 1 of the preceding year, an amount determined by multiplying the estimated value of the land equated to the average level of assessment in the taxation district by the aggregate gross general property tax rate, exclusive of the rate that applies under s. 70.58 and without respect to the school levy tax credit under s. 79.10, that would apply to the land in that taxation district for that year if it were taxable.

AB329, s. 35 Section 35. 41.41 (10) (c) 2. of the statutes is amended to read:

AB329,17,12 41.41 (10) (c) 2. On or before February 15, the treasurer of each taxation district, and the county comptroller under s. 59.255, receiving a payment under subd. 1. shall pay to the treasurer of each taxing jurisdiction, from the amount received under subd. 1., the taxing jurisdiction's proportionate share of the payment in lieu of the tax that would be levied on the land if it were taxable.

AB329, s. 36 Section 36. 43.58 (7) (b) of the statutes is amended to read:

AB329,18,7 43.58 (7) (b) If a gift, bequest, or endowment is made to any public library, the library board may pay or transfer the gift, bequest, or endowment, or its proceeds, to the treasurer of the municipality or county, or to the comptroller under s. 59.255 of the county, in which the public library is situated; may entrust the gift, bequest, or endowment to a public depository under ch. 34; may pay or transfer the gift, bequest, or endowment to the library board's financial secretary; or may pay or transfer the gift, bequest, or endowment to a charitable organization, described in section 501 (c) (3) of the Internal Revenue Code and exempt from federal income tax under section 501 (a) of the Internal Revenue Code, the purpose of which is providing financial or material support to the public library. A payment or transfer of a gift, bequest, or endowment by a library board to a charitable organization described in this paragraph made prior to March 19, 2008, is not invalid as lacking statutory authority to make the payment or transfer. If the library board pays or transfers the gift, bequest, or endowment to the financial secretary, the financial secretary may invest the gift, bequest, or endowment as permitted under s. 66.0603 (1m) or 112.11 (3); or may delegate investment authority for the gift, bequest, or endowment as permitted under s. 66.0603 (2) or 112.11 (5). The financial secretary shall hold office only during membership on the library board and shall be elected annually at the same time and in the same manner as the other officers of the library board.

AB329, s. 37 Section 37. 43.58 (7) (c) of the statutes is amended to read:

AB329,18,16 43.58 (7) (c) If any such treasurer, comptroller under s. 59.255, or financial secretary holds any property belonging to the public library, the library board shall require a bond from the treasurer, comptroller, or financial secretary to the library board in such sum, not less than the amount of such property so held by him or her, and with such sureties as the library board requires. The bond shall be conditioned in substantially the same form as the ordinary bond required from the treasurer of the municipality or county, or to the comptroller under s. 59.255 of the county, with the necessary changes.

AB329, s. 38 Section 38. 43.58 (7) (d) of the statutes is amended to read:

AB329,18,22 43.58 (7) (d) The treasurer, comptroller under s. 59.255, or financial secretary shall make an annual report to the library board showing in detail the amount, investment, income and disbursements from the trust funds in his or her charge. Such report shall also be appended to the annual report of the library board under s. 43.58 (6).

AB329, s. 39 Section 39. 45.81 (3) (c) of the statutes is amended to read:

AB329,19,3 45.81 (3) (c) The total disbursements made by the commission under this subsection may not exceed the amount collected from the tax levied, except when specifically authorized by the county board. The commission shall provide the county treasurer or the county comptroller under s. 59.255 with sufficient information to deliver the specified aid to the person entitled to that aid.

AB329, s. 40 Section 40. 45.81 (3) (d) of the statutes is amended to read:

AB329,19,9 45.81 (3) (d) The commission may furnish aid in a different manner than by supplying money. The commission may request the county treasurer or the county comptroller under s. 59.255 to pay a purveyor of services or commodities for the purchase of services or commodities, or the commission may furnish supplies, as it considers appropriate.

AB329, s. 41 Section 41. 45.84 (3) of the statutes is amended to read:

AB329,19,19 45.84 (3) The chairperson of the county board and the clerk of the county on the receipt of the report under sub. (2) shall draw an order on the county treasurer or the county comptroller under s. 59.255 for the amount of expenses so incurred, payable to the person designated in the report as being entitled to that payment. The county veterans service officer of each county shall, upon the death and burial of a veteran described under sub. (1) who was living in the county at the time of death, make application to the proper authorities for a suitable headstone as provided for by act of congress, and at the expense of the county cause the same to be placed at the head of the deceased's grave.

AB329, s. 42 Section 42. 45.85 (3) of the statutes is amended to read:

AB329,19,25 45.85 (3) The chairperson of the county board and the county clerk, upon receipt of the report under sub. (2), shall draw an order on the county treasurer or the county comptroller under s. 59.255 for the amount of the expenses incurred in caring for the graves, payable to the person or persons designated in the report as being entitled to the payment.

AB329, s. 43 Section 43. 46.495 (2) (a) of the statutes is amended to read:

AB329,20,10 46.495 (2) (a) The county treasurer or the county comptroller under s. 59.255 and each director of a county department under s. 46.215, 46.22 or 46.23 shall monthly certify under oath to the department in such manner as the department prescribes the claim of the county for state reimbursement under this section and if the department approves such claim it shall certify to the department of administration for reimbursement to the county for amounts due under this subsection and payment claimed to be made to the counties monthly. The department may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.

AB329, s. 44 Section 44. 48.569 (2) (a) of the statutes is amended to read:

AB329,20,19 48.569 (2) (a) The county treasurer or the county comptroller under s. 59.255 and each director of a county department shall monthly certify under oath to the department, in the manner the department prescribes, the claim of the county for state reimbursement under this section, and if the department approves the claim it shall certify to the department of administration for reimbursement to the county for amounts due under this section and payment claimed to be made to the counties monthly. The department may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.

AB329, s. 45 Section 45. 49.19 (7) of the statutes is amended to read:

AB329,20,24 49.19 (7) The county board shall annually appropriate a sum of money sufficient to carry out the provisions of this section. The county treasurer or the county comptroller under s. 59.255 shall pay out the amounts ordered paid under this section.

AB329, s. 46 Section 46. 51.605 (2) of the statutes is amended to read:

AB329,21,8 51.605 (2) Payment. Reimbursement ordered under this section shall be made to the clerk of courts of the county where the proceedings took place. The clerk of courts shall transmit payments under this section to the county treasurer or the county comptroller under s. 59.255, who shall deposit 25 percent of the payment amount in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L).

AB329, s. 47 Section 47. 51.91 (4) of the statutes is amended to read:

AB329,21,16 51.91 (4) Application for aid. Application for aid under this section shall be filed with the department as prescribed by it. Such application shall include evidence of the existence of the indebtedness on which the county is obligated to pay interest. The department may by audit or investigation satisfy itself as to the amount and validity of the claim and, if satisfied, shall grant the aid provided by this section. Payment of aid shall be made to the county treasurer or the county comptroller under s. 59.255.

AB329, s. 48 Section 48. 55.107 (2) of the statutes is amended to read:

AB329,21,24 55.107 (2) Reimbursement ordered under this section shall be made to the clerk of courts of the county where the proceedings took place. The clerk of courts shall transmit payments under this section to the county treasurer or the county comptroller under s. 59.255, who shall deposit 25 percent of the payment amount in the county treasury and transmit the remainder to the secretary of administration. Payments transmitted to the secretary of administration shall be deposited in the general fund and credited to the appropriation account under s. 20.550 (1) (L).

AB329, s. 49 Section 49. 59.001 (2e) of the statutes is created to read:

AB329,22,1 59.001 (2e) "Comptroller" means a comptroller elected under s. 59.20 (2) (am).

AB329, s. 50 Section 50. 59.20 (2) (a) of the statutes is renumbered 59.20 (2) (a) 1. and amended to read:

AB329,22,13 59.20 (2) (a) 1. Beginning in 2008 and quadrennially thereafter, except as provided in subd. 2., a register of deeds, county clerk, and county treasurer shall be chosen at the general election by the electors of each county for the term of 4 years. Except as provided in this paragraph, beginning in 2008 and quadrennially thereafter, a surveyor shall be chosen at the general election by the electors of each county in which the office of surveyor is filled by election, for the term of 4 years. No surveyor shall be elected in counties having a population of 500,000 or more. The regular term of office of each register of deeds, county clerk, county treasurer, and county surveyor shall commence on the first Monday of January next succeeding his or her election and shall continue 4 years and until his or her successor qualifies.

AB329, s. 51 Section 51. 59.20 (2) (a) 2. of the statutes is created to read:

AB329,22,20 59.20 (2) (a) 2. Upon the election and qualification of a comptroller under par. (am), the office of treasurer of a county with a population of 750,000 or more is renamed the office of comptroller, as specified in s. 59.255, and all of the duties and responsibilities of the treasurer shall be transferred to the comptroller, and enhanced, as specified in s. 59.255. The term of such a treasurer shall expire upon the election and qualification of the comptroller under par. (am).

AB329, s. 52 Section 52. 59.20 (2) (am) of the statutes is created to read:

AB329,23,2 59.20 (2) (am) Beginning in 2012 and quadrennially thereafter, a comptroller shall be chosen at the general election by the electors of each county with a population of 750,000 or more for the term of 4 years. The regular term of office of each comptroller shall commence on the first Monday in January next succeeding his or her election and shall continue 4 years and until his or her successor qualifies.

AB329, s. 53 Section 53. 59.20 (3) (a) of the statutes is amended to read:

AB329,23,14 59.20 (3) (a) Every sheriff, clerk of the circuit court, register of deeds, treasurer, comptroller, register of probate, clerk and county surveyor shall keep his or her office at the county seat in the offices provided by the county or by special provision of law; or if there is none, then at such place as the board directs. The board may also require any elective or appointive county official to keep his or her office at the county seat in an office to be provided by the county. All such officers shall keep their offices open during the usual business hours of any day except Sunday, as the board directs. With proper care, the officers shall open to the examination of any person all books and papers required to be kept in his or her office and permit any person so examining to take notes and copies of such books, records, papers or minutes therefrom except as authorized in par. (c) and ss. 19.36 (10) to (12) and 19.59 (3) (d) or under ch. 69.

AB329, s. 54 Section 54. 59.21 (1) (g) of the statutes is amended to read:

AB329,23,23 59.21 (1) (g) Register of deeds, in counties containing less than 150,000 population, $3,000, with 2 or more sureties. In counties containing 150,000 or more population, not less than $3,000, with 2 or more sureties, conditioned for the accuracy of the register's work and the faithful, correct, and impartial performance of the register's duties, and in addition thereto a bond of not less than $10,000, with 2 or more sureties, conditioned for the faithful accounting for and paying over to the treasurer or comptroller all moneys which may come into the register's hands as register of deeds, or into the hands of the register's deputy or assistants.

AB329, s. 55 Section 55. 59.21 (1) (j) of the statutes is created to read:

AB329,24,2 59.21 (1) (j) Comptroller, not less than $5,000 nor more than $20,000 with not less than 3 sureties.

AB329, s. 56 Section 56. 59.21 (3) of the statutes is amended to read:

AB329,24,10 59.21 (3) Each bond described in sub. (1) shall be guaranteed by the number of personal sureties prescribed by law, or if not prescribed, by the number fixed by the board within the limitations, if any, prescribed by law, or by a surety company as provided by s. 632.17 (2). In the case of the clerk, treasurer , comptroller, and county abstractor the board may by resolution require them to furnish bonds guaranteed by surety companies and direct that the premiums be paid as provided in s. 19.01 (8).

AB329, s. 57 Section 57. 59.22 (1) (b) of the statutes is amended to read:

AB329,24,20 59.22 (1) (b) Any officer authorized or required to collect fees appertaining to his or her office shall keep a complete record of all fees received in the form prescribed by the board and shall file a record of the total annual receipts in the clerk's office within 20 days of the close of the calendar year or at such other times as the board requires. Any officer on a salary basis or part fees and part salary shall collect all fees authorized by law appertaining to his or her office and shall remit all fees not specifically reserved to the officer by enumeration in the compensation established by the board under par. (a) to the treasurer or comptroller at the end of each month unless a shorter period for remittance is otherwise provided.

AB329, s. 58 Section 58. 59.23 (2) (e) of the statutes is amended to read:

AB329,24,24 59.23 (2) (e) Reports of receipts and disbursements. Record in a book therefor the reports of the treasurer or comptroller of the receipts and disbursements of the county.

AB329, s. 59 Section 59. 59.23 (2) (g) of the statutes is amended to read:

AB329,25,3 59.23 (2) (g) Payments to treasurer or comptroller. Keep in the manner prescribed in par. (f) a separate account of all moneys paid the treasurer or comptroller by the clerk.

AB329, s. 60 Section 60. 59.23 (2) (L) of the statutes is amended to read:

AB329,25,8 59.23 (2) (L) Duplicate receipts. Make out and deliver to the treasurer or comptroller duplicate receipts of all money received by the clerk as clerk, and countersign and file in the clerk's office the duplicate receipts delivered to the clerk by the treasurer or comptroller of money received by the treasurer or comptroller.

AB329, s. 61 Section 61. 59.25 (1) of the statutes is renumbered 59.25 (1) (a).

AB329, s. 62 Section 62. 59.25 (1) (b) of the statutes is created to read:

AB329,25,14 59.25 (1) (b) Upon the election and qualification of a comptroller under s. 59.255, the duties and responsibilities of the treasurer in a county with a population of 750,000 shall be transferred to the comptroller, and enhanced, as specified in s. 59.255.

AB329, s. 63 Section 63. 59.25 (3) (a) 1. of the statutes is renumbered 59.25 (3) (a) and amended to read:

AB329,25,23 59.25 (3) (a) Receive all moneys from all sources belonging to the county, and all other moneys which by statute or county ordinance are directed to be paid to the treasurer, and, except in counties having a population of 500,000 or more, in the case of the payment of delinquent property taxes or the redemption of land subject to a tax certificate, make out and deliver to the clerk duplicate receipts therefor, and file in the treasurer's office the duplicate receipts delivered to the treasurer by the clerk for money received by the clerk.

AB329, s. 64 Section 64. 59.25 (3) (a) 2. of the statutes is repealed.

AB329, s. 65 Section 65. 59.25 (3) (b) of the statutes is amended to read:

AB329,26,6 59.25 (3) (b) Pay out all moneys belonging to the county only on the order of the board, signed by the clerk and countersigned by the chairperson, except when special provision for the payment thereof is otherwise made by law; and, except in counties having a population of 500,000 or more, pay out all moneys belonging to the county road and bridge fund on the written order of the county commissioner of highways, signed by the clerk and countersigned by the chairperson of the board.

AB329, s. 66 Section 66. 59.254 of the statutes is created to read:

AB329,26,17 59.254 Legislative findings; 2011 Wisconsin Act .... (this act). The legislature finds that a county with a population of 750,000 or more needs an individual to serve as the chief financial officer of the county and administer the county's financial affairs. This position requires expertise in accounting or finance. The legislature further finds that this need may best be achieved by renaming the office of county treasurer, in a county with a population of 750,000 or more, county comptroller, by transferring all of the duties and responsibilities of the treasurer to the elective office of county comptroller, and by enhancing the duties and responsibilities of this position beyond what are currently the duties and responsibilities of the county treasurer.

AB329, s. 67 Section 67. 59.255 of the statutes is created to read:

AB329,26,23 59.255 Comptroller. (1) Eligibility. (a) No person may hold the office of comptroller unless he or she is either a certified public accountant, licensed or certified under ch. 442, or has a master's degree or a doctorate degree in accounting or finance from a regionally accredited, nonprofit, post-secondary educational institution.

AB329,27,3 (b) No person holding the office of sheriff, undersheriff, circuit judge, district attorney, clerk of the circuit court, clerk, or member of the board shall be eligible to hold the office of comptroller or deputy comptroller.

AB329,27,4 (c) This section applies only to a county with a population of 750,000 or more.

AB329,27,7 (2) Responsibilities; deputies; oath; salary; temporary vacancy. (a) The comptroller is the chief financial officer of the county, and the administrator of the county's financial affairs. The comptroller shall oversee all of the county's debt.

AB329,27,19 (b) The comptroller shall appoint one deputy to aid the comptroller, under the comptroller's direction, in the discharge of the duties of the office of comptroller. A deputy appointed under this paragraph may be removed only for just cause. The appointment shall be in writing and shall be filed and recorded in the comptroller's office. Such deputy, in the absence of the comptroller from the comptroller's office or in case of a vacancy in said office or any disability of the comptroller to perform the duties of the office of comptroller, unless another is appointed therefor as provided in par. (c), shall perform all of the duties of the office of comptroller until such vacancy is filled or such disability is removed. The person so appointed shall take and file the official oath. The person shall file his or her appointment with the clerk. The board may, at its annual meeting or at any special meeting, provide a salary for the deputy.

AB329,28,2 (c) If any comptroller is incapable of discharging the duties of the office of comptroller, the county executive shall appoint a person, subject to confirmation by the board, comptroller who shall serve until such disability is removed. A person so appointed or appointed to fill a vacancy in the office of comptroller, upon giving an official bond with like sureties as are required of such comptroller, shall perform all the duties of such office, and thereupon the powers and duties of any deputy performing the duties of the last comptroller shall cease.

AB329,28,3 (3) Duties. The comptroller shall do all of the following:

AB329,28,6 (a) Receive all moneys from all sources belonging to the county, and all other moneys which by statute or county ordinance are directed to be paid to the comptroller.

AB329,28,9 (b) Pay out all moneys belonging to the county only on the order of the board, signed by the clerk and countersigned by the chairperson, except when special provision for the payment thereof is otherwise made by law.

AB329,28,17 (c) Pay all county orders described in par. (b) in the order of time in which they are presented for payment; but where 2 or more are presented at the same time, give precedence to the order of the oldest date, but the comptroller shall receive of municipal treasurers all county orders issued in the county, which the municipal treasurers may present in payment of county taxes, to the amount of the county taxes actually collected by any municipal treasurer in the year for which the orders are offered in payment, which amount shall be determined by the affidavit of the municipal treasurer.