This bill also removes certain authority currently possessed by the Milwaukee
County board. Under the bill, the board may no longer do any of the following:
appropriate money for planning or participating in a world festival celebration or any
similar program designed to promote international commerce and culture; own and
operate a professional baseball team, and maintain a nonprofit corporation for such
ownership or operation; require licenses for cats; and let a contract for the
design-build construction of a sheriff's department training academy.
Under current law, a county board has general authority to acquire, lease, or
rent real and personal property. Under this bill, in Milwaukee County, such
authority is exercised by the county executive, consistent with established county
board policy, although the sale or lease of property is subject to a simple approval or
rejection by the county board.
Because this bill relates to public employee retirement or pensions, it may be
referred to the Joint Survey Committee on Retirement Systems for a report to be
printed as an appendix to the bill.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
59.03 (2) (a) of the statutes is amended to read:
(a) Except Subject to s. 59.794 (2) and (3) and except
as elsewhere 3
specifically provided in these statutes, the board of any county is vested with all 4
powers of a local, legislative and administrative character, including without 5
limitation because of enumeration, the subject matter of water, sewers, streets and 6
highways, fire, police, and health, and to carry out these powers in districts which 7
it may create for different purposes, or throughout the county, and for such purposes 8
to levy county taxes, to issue bonds, assessment certificates and improvement bonds, 9
or any other evidence of indebtedness. The powers hereby conferred may be
exercised by the board in any municipality, or part thereof located in the county upon 2
the request of any such municipality, evidenced by a resolution adopted by a majority 3
vote of the members-elect of its governing body, designating the particular function, 4
duty or act, and the terms, if any, upon which the powers shall be exercised by the 5
board or by a similar resolution adopted by direct legislation in the municipality in 6
the manner provided in s. 9.20. The resolution shall further provide whether the 7
authority or function is to be exercised exclusively by the county or jointly by the 8
county and the municipality, and shall also find that the exercise of such power by 9
the county would be in the public interest. Upon the receipt of the resolution, the 10
board may, by a resolution adopted by a majority vote of its membership, elect to 11
assume the exercise of the function, upon the terms and conditions set forth in the 12
resolution presented by the municipality.
59.06 (2) of the statutes is amended to read:
59.06 (2) Effect of transfer.
All deeds, contracts and agreements made on 15
behalf of the county under the directions of the board under s. 59.52 (6), or by a county
16executive acting under s. 59.17 (2) (b) 3.,
when signed and acknowledged by the clerk 17
and the county seal is attached, are valid and binding on the county to the extent of 18
the terms of the instrument and the right, title and interest which the county has in 19
59.10 (2) (b) of the statutes is amended to read:
(b) Election; term. Supervisors For an election that is held before
shall be elected for 4-year terms at the election to be held on the 23
first Tuesday in April next preceding the expiration of their respective terms, and 24
shall take office on the 3rd Monday in April following their election.
For an election
25that is held in 2016 and thereafter, supervisors shall be elected for 2-year terms at
1the election to be held on the first Tuesday in April next preceding the expiration of
2their respective terms, and shall take office on the 3rd Monday in April following
59.10 (2) (c) of the statutes is renumbered 59.10 (2) (c) 1. and 5
amended to read:
(c) 1. Each supervisor shall be paid by the county an annual salary 7
set by the board. The board may provide additional compensation for the 8
chairperson, such that his or her salary may be an amount of up to 150 percent of the
9salary of a supervisor, and for the chairperson of the board's finance committee, such
10that his or her salary may be an amount of up to 125 percent of the salary of a
11supervisor. Beginning with the term that commences in April 2016, the total dollar
12value of the annual salary and benefits that may be paid to a supervisor, other than
13the board chairperson and finance committee chairperson, may not exceed the
14annual per capita income of Milwaukee County as most recently determined by the
15U.S. bureau of the census and may be increased for a new term as provided in subds.
162. and 3., subject to the limit specified in subd. 4
. Section 66.0505 applies to this 17
59.10 (2) (c) 2. of the statutes is created to read:
(c) 2. The board may increase the salary specified in subd. 1., or as 20
otherwise adjusted under this paragraph, by an amount that does not exceed the 21
percentage increase in the U.S. consumer price index for all urban consumers, U.S. 22
city average, for the period between the time that a supervisor's salary was last set 23
under subd. 1. or by the board, and the year before the year in which the salary 24
increase is to take effect.
59.10 (2) (c) 3. of the statutes is created to read:
(c) 3. The board may increase the salary specified in subd. 1., or as 2
otherwise adjusted under this paragraph, by an amount that exceeds the percentage 3
increase in the U.S. consumer price index for all urban consumers, U.S. city average, 4
for the period between the time that a supervisor's salary was last set under subd. 5
1. or by the board, and the year before the year in which the salary increase is to take 6
effect, except that such an increase may not take effect unless it is ratified by a 7
majority vote of the electors in the county voting in a referendum on the proposed 8
59.10 (2) (c) 4. of the statutes is created to read:
(c) 4. A supervisor may not receive any other benefits or 11
compensation, including health insurance and pension benefits, not specifically 12
authorized or required by law. The maximum total dollar value of the salary and 13
benefits that a supervisor, other than the chairperson of the board and the 14
chairperson of the finance committee, receives in any year may not exceed the annual 15
per capita income of Milwaukee County as most recently determined by the U.S. 16
bureau of the census.
59.11 (2) (c) of the statutes is created to read:
(c) In a county with a population of 750,000 or more, upon a written 19
request of the county executive delivered to the clerk which must have been approved 20
by the county board chairperson, specifying the time and place of the meeting. The 21
time shall not be less than 48 hours from the delivery of the request. Upon receiving 22
the request and the approval of the county board chairperson, the clerk shall 23
immediately mail to each supervisor notice of the time and place of the meeting. Any 24
special meeting may be adjourned by a vote of a majority of all the supervisors.
59.12 (2) of the statutes is amended to read:
The board at the time of the election of the chairperson shall also elect 2
a member vice chairperson, for the same term, who in case of the absence or disability 3
of the chairperson shall perform the chairperson's duties. The board at the time of 4
the election of the chairperson may also elect a member 2nd vice chairperson, for the 5
same term, who in case of the absence or disability of the chairperson and vice 6
chairperson shall perform the duties of the chairperson. The Except for the board
7of a county with a population of 750,000 or more, the
board may provide for the 8
payment of additional compensation to the vice chairpersons.
59.17 (2) (b) of the statutes is renumbered 59.17 (2) (b) (intro.) and 10
amended to read:
(b) (intro.) In any county with a population of 500,000 or more,
and supervise the heads of all departments except where the 14
statutes provide that the appointment shall be made by a board or commission or by 15
other elected officers. Notwithstanding any statutory provision that a board or 16
commission or the county board or county board chairperson appoint a department 17
head, except ss. 17.21 and 59.47 (3), the county executive shall appoint and supervise 18
the department head. Notwithstanding any Except for a
statutory provision which
that a board or commission or the county board shall
supervise the 20
administration of a department, the department head shall supervise the
21administration of the department county executive, exclusively, shall administer,
22supervise, and direct all county departments, including any person who provides
23lobbying services for, or negotiates on behalf of, the county,
and the county board,
or commission shall perform any advisory or policy-making function 25
authorized by statute. Any appointment by the county executive under this
requires the confirmation of the county board unless the 2
county board, by ordinance, elects to waive confirmation. An appointee of the county
3executive may assume his or her duties immediately, pending board action which
4shall take place within 60 days after the county executive submits the appointment
5to the board for confirmation.
Any department head appointed by a county executive 6
under this subsection may be removed at the pleasure of the county executive. The
7county executive shall comply with hiring policies set by the board when making
8appointments under this paragraph.
59.17 (2) (b) 2. to 6. of the statutes are created to read:
(b) 2. Establish departments in county government, and sections and 11
divisions within those departments, that the county executive believes are necessary 12
for the efficient administration of the county. Any department or subunit of a 13
department that the county executive creates under this subdivision may not be 14
established unless its creation is approved by a vote of the board. The county 15
executive, exclusively, shall administer, supervise, and direct any department or 16
subunit of a department that is created under this subdivision, and those 17
departments and subunits shall report to the county executive.
3. Exercise the authority under s. 59.52 (6) (a) that would otherwise be 19
exercised by a county board. With regard to the sale or lease of property, the county 20
executive's action must be consistent with established county board policy and must 21
be approved by the county board to take effect. The county board may only approve 22
or reject the contract as negotiated by the county executive.
4. Sign all contracts, conveyances, and evidences of indebtedness on behalf of 24
the county, to the extent that no other county officer or employee is specifically 25
required to sign such contracts, conveyances, and evidences of indebtedness, and
countersign all other contracts, conveyances, and evidences of indebtedness. No 2
contract with the county is valid unless it is signed or countersigned by the county 3
executive and, as provided in ss. 59.255 (2) (e) and 59.42 (2) (b) 5., by the comptroller 4
and corporation counsel.
5. Introduce proposed ordinances and resolutions for consideration by the 6
6. Hire and supervise the number of employees that the county executive 8
reasonably believes are necessary for him or her to carry out the duties of the county 9
executive's office, subject to board approval of the county executive department 10
59.17 (2) (bm) 2. of the statutes is amended to read:
(bm) 2. Each appointment under subd. 1. is subject to the confirmation 13
of the county board and is in the unclassified service, serving at the pleasure of the 14
county executive and holding office until a new appointment is made by the county 15
executive and confirmed by the board. An appointee of the county executive may
16assume his or her duties immediately, pending board action which shall take place
17within 60 days after the county executive submits the appointment to the board for
No prior appointee may serve longer than 6 months after the term for 19
which he or she was appointed and confirmed expires, unless reappointed and 20
reconfirmed. The term of each appointment is 4 years or less. The county executive
21shall comply with hiring policies set by the board when making appointments under
59.22 (2) (a) of the statutes is amended to read:
(a) Except for elective offices included under sub. (1), supervisors and 25
circuit judges, and subject to s. 59.794 (3),
the board has the powers set forth in this
subsection, sub. (3) and s. 59.03 (1) as to any office, department, board, commission, 2
committee, position or employee in county service created under any statute, the 3
salary or compensation for which is paid in whole or in part by the county, and the 4
jurisdiction and duties of which lie within the county or any portion thereof and the 5
powers conferred by this section shall be in addition to all other grants of power and 6
shall be limited only by express language.
59.22 (3) of the statutes is amended to read:
59.22 (3) Reimbursement for expense.
The board may provide for 9
reimbursement to any elective officer, deputy officer, appointive officer or employee 10
for any out-of-pocket expense incurred in the discharge of that person's duty in 11
addition to that person's salary or compensation, including without limitation 12
because of enumeration, traveling expenses, tuition costs incurred in attending 13
courses of instruction clearly related to that person's employment, and the board may 14
establish standard allowances for mileage, room and meals, the purposes for which 15
allowances may be made, and determine the reasonableness and necessity for such 16
reimbursements, and also establish in advance a fair rate of compensation to be paid 17
to the sheriff for the board and care of prisoners in the county jail at county expense. 18Any reimbursement paid under this subsection to an officer or employee of a county
19with a population of 750,000 or more is subject to the budget limitation described in
20s. 59.60 (7e).
59.52 (6) (a) of the statutes is amended to read:
(a) How acquired; purposes.
Take Except as provided in s. 59.17 (2)
23(b) 3., take
and hold land acquired under ch. 75 and acquire, lease or rent property, 24
real and personal, for public uses or purposes of any nature, including without 25
limitation acquisitions for county buildings, airports, parks, recreation, highways,
dam sites in parks, parkways and playgrounds, flowages, sewage and waste disposal 2
for county institutions, lime pits for operation under s. 59.70 (24), equipment for 3
clearing and draining land and controlling weeds for operation under s. 59.70 (18), 4
ambulances, acquisition and transfer of real property to the state for new collegiate 5
institutions or research facilities, and for transfer to the state for state parks and for 6
the uses and purposes specified in s. 23.09 (2) (d).
59.52 (31) of the statutes is created to read:
59.52 (31) Public contracts, populous counties.
(a) In this subsection, 9
"county" means any county with a population of 750,000 or more.
(b) 1. Any contract with a value of at least $100,000, but not more than 11
$300,000, to which a county is a party and which satisfies any other statutory 12
requirements, may take effect only if the board's finance committee does not vote to 13
approve or reject the contract within 14 days after the contract is signed or 14
countersigned by the county executive, or as described in subd. 2.
2. If a board's finance committee votes to approve a contract described under 16
subd. 1, the contract may take effect. If a board's finance committee votes to reject 17
a contract described under subd. 1., the contract may take effect only if the contract 18
is approved by a vote of the board within 30 days after the board's finance committee 19
votes to reject the contract.
(c) Any single contract, or group of contracts between the same parties which 21
generally relate to the same transaction, with a value or aggregate value of more 22
than $300,000, to which a county is a party and which satisfies any other statutory 23
requirements, may take effect only if it is approved by a vote of the board.
(d) With regard to any contract to which a county is a party and which is subject 25
to review by the board or by a committee of the board under this subsection, the
board's finance committee is the only committee which has jurisdiction over the 2
59.53 (5) (a) of the statutes is amended to read:
(a) The board shall contract with the department of children and 5
families to implement and administer the child and spousal support and 6
establishment of paternity and the medical support liability programs provided for 7
by Title IV of the federal social security act, except that in a county with a population
8of 750,000 or more the county executive, exclusively, shall exercise all of this
. The board may designate by board resolution any office, officer, board, 10
department or agency, except the clerk of circuit court, as the county child support 11
agency and, in a county with a population of 750,000 or more, the county executive
12shall administer the designated county child support agency
. The board or,
child support agency, or county executive of a county with a population of 750,000 or
shall implement and administer the programs in accordance with the contract 15
with the department of children and families. The attorneys responsible for support 16
enforcement under sub. (6) (a), circuit court commissioners and all other county 17
officials shall cooperate with the county and the department of children and families 18
as necessary to provide the services required under the programs. The county shall 19
charge the fee established by the department of children and families under s. 49.22 20
for services provided under this paragraph to persons not receiving benefits under 21
s. 49.148 or 49.155 or assistance under s. 48.645, 49.19, 49.46, 49.465, 49.47, 49.471, 22
59.53 (6) (a) 1. of the statutes is amended to read:
(a) 1. Except as provided in subd. 2. and in a county with a population
25of 750,000 or more
, each board shall employ or contract with attorneys to provide
support enforcement. In a county with a population of 750,000 or more, the county
2executive shall hire or contract with attorneys to provide support enforcement under
Section 59.42 (1), (2) (a) and (3) does not preclude a board from 4
assigning these support enforcement duties to any attorney employed by the county.
59.53 (6) (a) 2. of the statutes is amended to read:
(a) 2. If on June 1, 1989, a county has 1.0 or more full-time equivalent 7
attorney positions that have primary responsibility for handling cases described in 8
par. (b), as determined by the district attorney of the prosecutorial unit, the county 9
shall establish and maintain a support enforcement office consisting of support 10
enforcement attorneys and office personnel. In counties having a population of less 11
than 500,000, a county budget under s. 65.90 shall list the proposed appropriation 12
under s. 65.90 (2) for the support enforcement office separate from any other office, 13
department or activity. In counties having a population of 500,000 or more, a county 14
budget shall treat a support enforcement office as a department, as defined in s. 15
59.60 (2) (a), separate from all other departments, and administered by the county
. If a county ceases to employ 1.0 or more full-time equivalent attorney 17
positions in the office, the county may provide support enforcement under subd. 1.
59.53 (20) of the statutes is amended to read:
59.53 (20) Work centers.
The board may establish and
operate a work center 20
licensed under s. 104.07 to provide employment for severely handicapped 21
individuals, except that in a county with a population of 750,000 or more, the county
22executive shall be in charge of the operation of the work center
59.53 (21) of the statutes is amended to read:
59.53 (21) Operation of relief programs.
The board may establish and
a program of relief for a specific class or classes of persons residing in that county,
1except that in a county with a population of 750,000 or more, the county executive
2shall be in charge of the operation of the program of relief
. The county may set such 3
eligibility criteria to obtain relief, and may provide such services, commodities or 4
money as relief, as the county determines to be reasonable and necessary under the 5
circumstances. The program may include work components. The county may enact 6
any ordinances necessary or useful to the operation of a relief program under this 7
subsection. Counties may use vehicle registration information from the department 8
of transportation in determining eligibility for relief programs under this subsection.
59.56 (11) of the statutes is amended to read:
59.56 (11) Fish and game.
The board may establish, maintain,
and operate fish 11
hatcheries and facilities for raising game birds, except that in a county with a
12population of 750,000 or more, the county may own the hatcheries and facilities, but
13must lease the hatcheries and facilities to another person who will maintain and
59.60 (7) of the statutes is amended to read:
59.60 (7) Publication of budget and public hearing.
The board shall refer the 17
executive's or administrator's budget to the finance committee and such committee 18
shall publish as a class 1 notice, under ch. 985, a summary of the executive's or 19
administrator's budget and comparative figures together with a statement of the 20
county's bonded indebtedness, in the 2 daily newspapers having the largest 21
circulation in the county, and shall make available to the general public reprinted 22
copies of the summary as published. The publication shall also state the date, hour, 23
and place of the public hearing to be held by the board on such executive's or 24
administrator's budget. The board shall, not less than 14 days after publication of 25
the summary of the executive's or administrator's budget, but not later than the first
Monday in November of each year and prior to the adoption of the property tax levy, 2
hold a public hearing on such executive's or administrator's budget, at which time 3
citizens may appear and express their opinions. After such public hearing, and on 4
or before the annual meeting, the finance committee shall submit to the board its 5
recommendations for amendments to the executive's or administrator's budget, if 6
any, and the board shall adopt the budget with such changes as it considers proper 7
and advisable. Subject to sub. (7e), the board of a county with a population of at least
8500,000 may not adopt a budget in which the total amount of budgeted expenditures
9related to the compensation of county board members, and to any other costs that are
10directly related to the operation and functioning of the county board, including staff,
11is greater than 0.4 percent of the county portion of the tax levy for that year to which
12the budget applies.
When so adopted, the sums provided shall, subject to the 13
provisions of sub. (8), constitute legal appropriations and anticipated revenues for 14
the ensuing year.
59.60 (7e) of the statutes is created to read:
59.60 (7e) Milwaukee county budget cap.
The 0.4 percent budget limitation 17
for a county with a population of at least 500,000 that is described in sub. (7) does 18
not apply to any of the following elements of the county's budget:
(a) Any costs related to pension and health care payments for retired county 20
officers, employees, and their families.
(b) The costs for the salary of county board supervisors and the county board 22
chairperson for any term that begins before April 2016.
(c) Any costs associated with duties performed by the county clerk under s. 24
59.698 of the statutes is amended to read:
159.698 Zoning, building inspector.
Except as provided under s. 59.69 (2) 2
(bm), for the enforcement of all laws, ordinances, rules and regulations enacted 3
under s. 59.69, the board may appoint a building inspector, define the building 4
inspector's duties and fix the building inspector's term of office and compensation. 5This section does not apply to a county with a population of 750,000 or more.
59.70 (7) of the statutes is amended to read:
59.70 (7) Soil conservation.
The board of any county with a population of less
may contract to do soil conservation work on privately owned land 9
either directly or through a committee designated by it.
59.70 (8m) of the statutes is amended to read:
59.70 (8m) Harbor improvement.
The board may establish, own, operate,
and improve harbor facilities on land owned by the county that is 13
located in this state or in another state, subject to the laws of the state in which the 14
land is located, and may appropriate money for the activities specified in this 15
subsection, except that in a county with a population of 750,000 or more, the county
16executive shall be in charge of the operation of the harbor facilities
59.70 (12) (a) of the statutes is amended to read:
(a) A county or 2 or more contiguous counties may establish a district 19
to control mosquitoes, upon a majority vote of each board, except that the board of
20a county with a population of 750,000 or more may not take any action under this
21subsection or sub. (13)
59.79 (6) of the statutes is repealed.
59.79 (11) of the statutes is repealed.
59.79 (12) of the statutes is repealed.
59.79 (13) of the statutes is repealed.
59.794 of the statutes is created to read:
259.794 Milwaukee County; limitations on board authority and on
3intergovernmental cooperation, shared services. (1) Definitions.
In this 4
(a) "Agreement" means an intergovernmental cooperation agreement under s. 6
66.0301, or a contract to provide consolidated services under s. 59.03 (2) (e), entered 7
into by a county and another local governmental unit.
(b) "Board" means the board of a county.
(c) "County" means a county with a population of 750,000 or more.
(d) "Executive council" means a body that consists of the elected executive 11
officer of every city and village that is wholly located within the county and who is 12
also a member of the executive council as described in s. 200.23 (2) (b).
(e) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).
14(2) Limitation on agreements.
Before an agreement may take effect and 15
become binding on a county, it must be approved by the executive council. If the 16
county enters into an agreement, the executive council shall meet as soon as 17
practicable to vote on the agreement.
18(3) Limitations on board authority.
(a) Notwithstanding the provisions of s. 19
59.51, the board may not exercise day-to-day control of any county department or 20
subunit of a department. Such control may be exercised only by the county executive 21
as described in s. 59.17.
(b) A board may require, as necessary, the attendance of any county employee 23
or officer at a board meeting to provide information and answer questions. Except 24
as provided in par. (d), for the purpose of inquiry, or to refer a specific constituent 25
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 2
instructions or orders to any subordinate of the county executive that would conflict 3
with this section.