AB85: Bill Text Engrossed

AB85-engrossed,20,5 59.794 Milwaukee County; limitations on board authority and on intergovernmental cooperation, shared services. (1) Definitions. In this section:

AB85-engrossed,20,9 (a) "Agreement" means an intergovernmental cooperation agreement under s. 66.0301, or a contract to provide consolidated services under s. 59.03 (2) (e), entered into by a county and another local governmental unit that is located wholly within that county.

AB85-engrossed,20,10 (b) "Board" means the board of a county.

AB85-engrossed,20,11 (c) "County" means a county with a population of 750,000 or more.

AB85-engrossed,20,15 (d) "Executive council" means a body that consists of the mayor of a 1st class city, and the elected executive officer of every city and village that is wholly located within the county and who is also a member of the executive council as described in s. 200.23 (2) (b).

AB85-engrossed,20,16 (e) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).

AB85-engrossed,20,20 (2) Limitation on agreements. (a) Subject to par. (b), before an agreement may take effect and become binding on a county, it must be approved by the executive council. If the county enters into an agreement, the executive council shall meet as soon as practicable to vote on the agreement.

AB85-engrossed,20,24 (b) With regard to an intergovernmental cooperation agreement under s. 66.0301, the requirements under par. (a) apply only to any single contract, or group of contracts between the same parties which generally relate to the same transaction, with a value or aggregate value of more than $300,000.

AB85-engrossed,21,4 (3) Limitations on board authority. (a) Notwithstanding the provisions of s. 59.51, the board may not exercise day-to-day control of any county department or subunit of a department. Such control may be exercised only by the county executive as described in s. 59.17.

AB85-engrossed,21,11 (b) A board may require, as necessary, the attendance of any county employee or officer at a board meeting to provide information and answer questions. Except as provided in par. (d), for the purpose of inquiry, or to refer a specific constituent concern, the board and its members may deal with county departments and subunits of departments solely through the county executive, and no supervisor may give instructions or orders to any subordinate of the county executive that would conflict with this section.

AB85-engrossed,21,13 (c) The board may not create any county department or subunit of a department, except as provided in s. 59.17 (2) (b) 2.

AB85-engrossed,21,15 (d) The board may use the legal services of the corporation counsel under s. 59.42 (2).

AB85-engrossed,21,20 (e) The board may not terminate, lower the salary or benefits of, or eliminate the position of, any county employee who works in the office of the county executive unless a similar change is made which affects county employees, on a countywide basis, in all other county departments. This paragraph does not apply after the county board supervisors who are elected in the 2016 spring election take office.

AB85-engrossed,34 Section 34. 59.875 (title) of the statutes is amended to read:

AB85-engrossed,21,23 59.875 (title) Payment of contributions in and employment of annuitants under an employee retirement system of populous counties.

AB85-engrossed,35 Section 35. 59.875 (3) of the statutes is created to read:

AB85-engrossed,22,5 59.875 (3) No individual who is receiving an annuity under an employee retirement system of a county and who is reemployed by the county may continue to receive the annuity if a similarly situated individual who is receiving an annuity under the Wisconsin Retirement System and who was reemployed by a participating employer under that system would be required to terminate the annuity.

AB85-engrossed,36 Section 36. 66.0301 (2) of the statutes is amended to read:

AB85-engrossed,22,18 66.0301 (2) In Subject to s. 59.794 (2), and in addition to the provisions of any other statutes specifically authorizing cooperation between municipalities, unless those statutes specifically exclude action under this section, any municipality may contract with other municipalities and with federally recognized Indian tribes and bands in this state, for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by law. If municipal or tribal parties to a contract have varying powers or duties under the law, each may act under the contract to the extent of its lawful powers and duties. A contract under this subsection may bind the contracting parties for the length of time specified in the contract. This section shall be interpreted liberally in favor of cooperative action between municipalities and between municipalities and Indian tribes and bands in this state.

AB85-engrossed,37 Section 37. 111.70 (1) (j) of the statutes is renumbered 111.70 (1) (j) (intro.) and amended to read:

AB85-engrossed,22,21 111.70 (1) (j) (intro.) "Municipal employer" means any city, of the following:

AB85-engrossed,22,22 2. a. Except as provided in subd. 2. b., any county .

AB85-engrossed,23,3 1. Any city, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district created under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied.

AB85-engrossed,38 Section 38. 111.70 (1) (j) 2. b. of the statutes is created to read:

AB85-engrossed,23,6 111.70 (1) (j) 2. b. In a county with a population of 750,000 or more, the county executive.

AB85-engrossed,39 Section 39. 289.33 (3) (d) of the statutes is amended to read:

AB85-engrossed,23,25 289.33 (3) (d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 91.73, 2007 stats., s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3), (5), (6), (7), (8), and (10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 196.58, 200.11 (8), 236.45, 281.43 or 349.16, subch. VIII of ch. 60, or subch. III of ch. 91.

AB85-engrossed,40 Section 40. 806.155 of the statutes is repealed.

AB85-engrossed,41 Section 41 . Nonstatutory provisions.

AB85-engrossed,24,15 (1) (a) Notwithstanding section 8.37 of the statutes, if this act is enacted on or before February 18, 2014, there shall be submitted to a vote of the electors of each county with a population of at least 750,000 at the spring election to be held on April 1, 2014, the following question: "Shall that portion of 2013 Wisconsin Act .... (this act) which limits the compensation of members of the board of supervisors of .... (name of county) other than the chairperson of the board and chairperson of the finance committee to receipt of an annual salary of not more than the annual per capita income of this county, which in 2012 was $24,051, and which limits the compensation of the chairperson of the board to not more than 150 percent of that amount and the chairperson of the finance committee to not more than 125 percent of that amount, subject to limitations and adjustments specified by law; and which prohibits supervisors from receiving any compensation or benefits not specifically authorized or required by law become effective in this county on April 18, 2016?"

AB85-engrossed,24,19 (b) If the question under paragraph (a) is approved by a majority of all votes cast on the question at the election in the county, the portions of this act specified in paragraph (a) shall take effect in that county; otherwise, the portions of this act specified in paragraph (a) shall not take effect in that county.

AB85-engrossed,24,23 (2) Notwithstanding section 59.52 (25) of the statutes, the Milwaukee County board of supervisors may not schedule a referendum to be held on April 1, 2014, with respect to any matter that is subject to the approval of the electors of the county on that date under subsection (1).

AB85-engrossed,42 Section 42. Initial applicability.

AB85-engrossed,25,5 (1) The renumbering and amendment of section 111.70 (1) (j) of the statutes and the creation of section 111.70 (1) (j) 2. b. of the statutes first applies to employees covered by a collective bargaining agreement that is in effect on the effective date of this subsection upon the expiration, extension, renewal, or modification of the agreement.

AB85-engrossed,25,8 (2) Employment of annuitants in populous counties. The treatment of section 59.875 (title) and (3) of the statutes first applies to employees of a populous county who terminate employment on the effective date of this subsection.

AB85-engrossed,25,9 (End)