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2017 - 2018 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 923
February 20, 2018 - Offered by Representative Kooyenga.
AB923-ASA1,2,2
1An Act to repeal 59.17 (2) (bm), 59.42 (1) (b) and (c), 59.52 (31) and 59.79 (8);
2to renumber and amend 59.42 (1) (a) and 59.60 (12);
to amend 46.21 (1m)
3(a), 46.21 (1m) (am), 48.09 (5), 59.06 (2), 59.17 (2) (b) 1., 59.17 (2) (b) 3. (intro.),
459.17 (2) (b) 4., 59.17 (2) (c), 59.17 (4), 59.22 (2) (a), 59.22 (2) (c) 1. (intro.), 59.22
5(2) (c) 2., 59.22 (2) (d), 59.22 (2) (e), 59.22 (3), 59.22 (3a), 59.255 (2) (e), 59.38 (5),
659.42 (2) (a), 59.42 (2) (b) 5., 59.42 (3), 59.44 (1) (b), 59.52 (1) (a), 59.52 (1) (b),
759.52 (9), 59.52 (29) (a), 59.53 (25), 59.58 (1) (c), 59.60 (1), 63.02 (2), 68.14 (1),
883.01 (1) (b) and 289.33 (3) (d); and
to create 59.17 (2) (b) 8., 59.17 (2) (d), 59.17
9(2) (e), 59.22 (2) (cm), 59.52 (3m), 59.52 (29) (am), 59.60 (12) (b), 59.60 (12) (c),
1059.602 and 59.61 (4) of the statutes;
relating to: increasing the authority of a
11county executive from a populous county and other counties and reducing the
1authority of a county board, and budgeting procedures for populous counties
2and certain other counties.
Analysis by the Legislative Reference Bureau
Powers and duties of a county executive
This substitute amendment, generally, expands some of the powers that may
be exercised by the county executive of any county with a population of 750,000 or
more (populous county) and makes other changes that apply to all counties. The
substitute amendment also allows a county executive of a populous county to
exercise some of the authority that would otherwise be exercised by the county board
for matters regarding property. Such authority includes providing public liability
and property damage insurance, providing fire and casualty insurance for county
property, examining and settling all accounts of the county and all claims, and
purchasing publications.
Current law allows a county executive of a populous county to hire and
supervise the number of employees that the county executive reasonably believes are
necessary for him or her to carry out the duties of the county executive's office. With
regard to employees outside the classified service, the substitute amendment also
gives the county executive of a populous county sole authority to determine the
compensation, human resources, hiring, creation and elimination of positions, pay
ranges, expense reimbursements, and classifications for county employees.
Under current law, the county executive of any county has the authority to
coordinate and direct all administrative and management functions of the county
that are not vested in other elected officers. This substitute amendment specifies
that, with regard to a county executive of a populous county, the executive has sole
authority over administrative actions with regard to procurement, including an
appeals process, contracting, administrative review of appeals regarding the denial
of certain applications, and the actions taken under the administrative manual of
operating procedures related to the authority and powers of a county executive.
Under the substitute amendment, any such action taken by a county executive of a
populous county is not subject to submission to or approval by the county board.
Corporation counsel, appointees
Current law requires the creation of the office of corporation counsel for any
county with a population of 500,000 or more. Under current law, a corporation
counsel is appointed by the county executive with the concurrence of a majority of
the county board. A counsel may be dismissed at any time by the county executive
with the concurrence of the board or may be dismissed at any time by a majority vote
of the board. The substitute amendment requires the creation of the office of
corporation counsel for any county with a county executive or county administrator.
Under the substitute amendment, a corporation counsel is appointed by the
executive or administrator with the concurrence of a majority of the county board,
unless the board enacts an ordinance that waives the board's confirmation. The
substitute amendment provides that the corporation counsel is under the
supervision of the county executive or county administrator and may be dismissed
by the executive or administrator with the board's concurrence.
Generally, the substitute amendment changes the method of board
confirmation of county executive appointees in a populous county. Under the
substitute amendment, an appointee confirmed by the board for a particular position
does not need to be reconfirmed to continue in that position, and interim appointees
do not require board confirmation. The substitute amendment also changes the
current law provision requiring the comptroller to countersign all county contracts.
Under the substitute amendment, the requirement applies only to contracts valued
at more than $250,000.
Public contracts, bonding
Generally under current law, a county must let a public contract having an
estimated cost of more than $25,000 to the lowest responsible bidder. Under this
substitute amendment, the amount above which a populous county must let a
contract to the lowest responsible bidder is raised to $50,000.
The substitute amendment creates a requirement that any county with an
elective comptroller must create an Internet site, which may be part of the county's
website, on which it posts a list of certain contracts to which the county is a party if
the contract relates to the purchase of goods or services, or the lease, sale, or purchase
of real property. This provision first applies approximately six months after the
substitute amendment takes effect.
Biennial budget procedures
This substitute amendment also authorizes a populous county, currently only
Milwaukee County, as well as any other county to adopt and use a biennial budgetary
procedure.
Current law specifies an annual budgetary procedure applicable to counties
with a population of 500,000 or more and certain counties that elect to follow the
procedure. No later than July 15, each department of the county submits to the
director of the county department of administration the respective department's
estimated revenues and expenditures for the coming fiscal year, the estimated cost
of any capital improvements pending or proposed for the coming fiscal year and for
the next four fiscal years, and any other information that the director requests. No
later than August 15, the director submits to the county executive or county
administrator and to the county board all of the following: 1) the annual budget
estimates of each department; 2) a statement of principal and interest becoming due
on outstanding bonds and on other financial obligations; 3) an estimate of all other
expenditures; 4) an estimate of anticipated issues of new bond obligations; 5) an
estimate of funds required for contingencies; 6) an estimate of revenue from all other
sources; and 7) a complete summary of all the budget estimates and a statement of
the property tax levy required if funds were appropriated on the basis of these
estimates.
After receiving the estimates, the county executive or county administrator
reviews the estimates and holds public hearings. The county executive or county
administrator then makes changes in the proposed budget and, no later than
October 1, submits the amended proposed budget to the county board. The amended
proposed budget of the county executive or administrator must include all of the
following: 1) a simple, clear, general summary of the detailed contents of the budget;
2) a comparative statement by organization unit and principal object of expenditure
showing the actual expenditures of the preceding fiscal year, the appropriations and
estimated expenditures for the fiscal year currently ending, and the recommended
appropriations for the fiscal year next succeeding; and 3) a comparative statement
of the actual revenues from all sources, including property taxes, during the
preceding fiscal year; the anticipated revenues and the estimated revenues for the
fiscal year currently ending; and the anticipated revenues for the next succeeding
fiscal year.
After receiving the amended proposed budget, the county board refers the
budget to the finance committee and the finance committee holds a public hearing
on the budget. After the public hearing, the finance committee submits to the county
board its recommendations for amendments to the proposed amended budget.
Finally, the county board adopts the budget with any changes it considers proper and
advisable.
Generally under this substitute amendment, for fiscal years that begin after
December 31, 2017, any county may adopt a biennial budget using the following
timeline:
1. All departments submit their budget requests to the director.
2. No later than October 1 of an odd-numbered year, the county executive,
county administrator, or, in counties without an executive or administrator, the
county's finance committee submits his or her or its proposed budget to the county
board.
3. No later than November 15 of an odd-numbered year, the county board of
a county with a county executive approves the budget, engrossed with any
amendments, and returns it to the county executive. In any county, any amendment
to the budget must be submitted to the comptroller or budget director at least seven
business days before it may be considered by a county board or by a committee of the
county board. A county with an elective comptroller must include an estimate,
prepared by the comptroller, of the costs that will be incurred, and the staffing
changes that will be required, to implement the amendment during the next five
fiscal years.
4. No later than November 25 of an odd-numbered year, the county executive
may submit vetoes or changes to the county board. The county board may act on the
vetoes or changes no earlier than upon receiving them or November 26, whichever
occurs first, although the county board or common council must act on the changes
or vetoes no later than December 1 of an odd-numbered year or the vetoes or changes
are considered to be approved by the governing body.
5. Outside the budget process, a county executive, a county administrator, or,
in a county without a county executive or administrator, the finance committee may
propose to the political subdivision's governing body an increase or decrease in any
appropriation or revenue amount subject to the same budget amendment procedures
described in item 3, above. A two-thirds majority vote of the governing body is
required to approve such a proposal, which may not be amended, except that if such
a proposal is made and voted on between October 1 and November 15 of an
even-numbered year, it may be approved by a simple majority and may be amended
on a limited basis.
This substitute amendment also provides certain restrictions on the county
board's actions related to the budget, including the following:
1. The budget must include all of the following items, and may include no
others: a) the county tax levy; b) anticipated revenue amounts from all sources; and
c) appropriations for all departments, and for any other obligations of the county. The
board may adjust the levy for the second year of a budget once the board receives the
relevant information from the Department of Revenue.
2. A political subdivision's authority to transfer unencumbered appropriation
balances is subject to certain limitations.
3. With regard to a populous county, and subject to some exceptions, the county
board may not adopt a budget in which the total amount of budgeted expenditures
related to the compensation of county board members, and to any other costs that are
directly related to the operation and functioning of the county board or committees,
including staff, is greater than 0.4 percent of the county portion of the tax levy for
that year to which the budget applies. Some of the exceptions to this 0.4 percent cap
include health care and pension benefits for retired county employees and officers,
and salaries and benefits for any board member whose term begins before April 2018.
Accounting procedures
This substitute amendment also requires populous counties to utilize fund
accounting and authorizes any county to create proprietary funds, fiduciary funds,
and other appropriate funds allowed by government accounting practice, provided
that the county describes the sources of revenues that may be deposited into each
fund and the types of expenditures that may be made from each fund. In counties
without a county executive, such funds may be created by the county board. In
counties with a county executive, such funds may be created only by executive order
of the county executive. Counties that create proprietary, fiduciary, or other funds
must develop policies and procedures that apply to each such fund, including setting
a working cash flow target for each fund, publishing annual estimates of working
cash flow balances, and descriptions of possible uses of balances in a fund that
accumulate above the cash flow target.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB923-ASA1,1
1Section 1
. 46.21 (1m) (a) of the statutes is amended to read:
AB923-ASA1,6,82
46.21
(1m) (a) The county executive shall appoint under ss. 63.01 to 63.17 a
3director of the county department of human services. The appointment shall be
4made on the basis of recognized and demonstrated public interest in and knowledge
1of the problems of human services, and with due regard to training, experience,
2executive and administrative ability and efficiency, and general qualifications and
3fitness for performing the duties of the office. The director shall file an official oath
4and bond in the amount determined by the county board of supervisors. The county
5board of supervisors may create a position of deputy director of the county
6department of human services. The director shall be appointed by the county
7executive in the unclassified civil service
and is subject to confirmation by the county
8board of supervisors under s. 59.17 (2) (bm).
AB923-ASA1,2
9Section 2
. 46.21 (1m) (am) of the statutes is amended to read:
AB923-ASA1,6,2010
46.21
(1m) (am) The county executive shall appoint under ss. 63.01 to 63.17
11an administrator of the county hospital. The appointment shall be made on the basis
12of recognized and demonstrated public interest in and knowledge of the problems of
13delivery of medical care and treatment, and with due regard to training, experience,
14executive and administrative ability and efficiency, and general qualifications and
15fitness for performing the duties of the office. The administrator shall file an official
16oath and bond in the amount determined by the county board of supervisors. The
17county board of supervisors may create positions to assist the administrator. The
18administrator shall be appointed by the county executive in the unclassified civil
19service
and the appointment is subject to confirmation by the county board of
20supervisors under s. 59.17 (2) (bm).
AB923-ASA1,3
21Section 3
. 48.09 (5) of the statutes is amended to read:
AB923-ASA1,7,322
48.09
(5) By the district attorney or, if designated by the county board of
23supervisors
or the county executive, by the corporation counsel, in any matter arising
24under s. 48.13, 48.133 or 48.977. If the county board
or county executive transfers
25this authority to or from the district attorney on or after May 11, 1990, the board
or
1executive may do so only if the action is effective on September 1 of an odd-numbered
2year and the board
or executive notifies the department of administration of that
3change by January 1 of that odd-numbered year.
AB923-ASA1,4
4Section 4
. 59.06 (2) of the statutes is amended to read:
AB923-ASA1,7,115
59.06
(2) Effect of transfer. All deeds, contracts
, and agreements made on
6behalf of the county under the directions of the board under s. 59.52 (6), or by a county
7executive acting under s. 59.17 (2) (b) 3., when
signed and acknowledged by the clerk
8and the county seal is attached, are valid and binding on the county to the extent of
9the terms of the instrument and the right, title
, and interest which the county has
10in the property
, except that in the case of the sale or purchase of real property, the
11instrument must also be signed by the clerk to be valid and binding on the county.
AB923-ASA1,5
12Section 5
. 59.17 (2) (b) 1. of the statutes is amended to read:
AB923-ASA1,8,1613
59.17
(2) (b) 1. Appoint and supervise the heads of all departments except
14where the statutes provide that the appointment shall be made by a board or
15commission or by other elected officers. Notwithstanding any statutory provision
16that a board or commission or the county board or county board chairperson appoint
17a department head, except ss. 17.21 and 59.47 (3), the county executive shall appoint
18and supervise the department head. Except for a statutory provision which specifies
19that a board or commission or the county board shall supervise the administration
20of a department, the county executive shall administer, supervise, and direct all
21county departments, including any person who negotiates on behalf of the county,
22and the county board, other board, or commission shall perform any advisory or
23policy-making function authorized by statute. Any appointment by the county
24executive under this subdivision requires the confirmation of the county board
25unless the county board, by ordinance, elects to waive confirmation.
Any appointee
1who is confirmed by the board for a particular position does not need to be
2reconfirmed for that position for as long as he or she continues in uninterrupted
3service in that position. Any appointee who is appointed as an interim department
4head does not need county board confirmation. Any department head appointee of
5a county executive who has been confirmed by a county board, or whose confirmation
6has been waived by the board, on or before the effective date of this subdivision ....
7[LRB inserts date], does not need to be reconfirmed, or confirmed, by the board as
8long as the appointee continues in uninterrupted service in that position. In this
9subdivision, uninterrupted service includes a gap in service for an allowable leave
10of absence, such as medical leave. An appointee of the county executive may assume
11his or her duties immediately, pending board action which shall take place within 60
12days after the county executive submits the appointment to the board for
13confirmation. Any department head appointed by a county executive under this
14subsection may be removed at the pleasure of the county executive.
The county
15executive shall comply with hiring policies set by the board when making
16appointments under this paragraph.
AB923-ASA1,6
17Section 6
. 59.17 (2) (b) 3. (intro.) of the statutes is amended to read:
AB923-ASA1,9,818
59.17
(2) (b) 3. (intro.) Exercise the authority under s. 59.52 (6) that would
19otherwise be exercised by a county board, except that the county board may
continue
20to exercise the authority under s. 59.52 (6)
only with regard to
the sale, acquisition,
21or lease as landlord or tenant of land that is zoned as a park on or after July 14, 2015,
22other than land zoned as a park in the city of Milwaukee that is located within the
23area west of Lincoln Memorial Drive, south of E. Michigan Street, east of N. Van
24Buren Street, and north of E. Clybourn Avenue. With regard to the sale, acquisition,
25or lease as landlord or tenant of
real property, other than certain park land as
1described in this subdivision, the county executive's action need not be consistent
2with established county board policy and may take effect without submission to or
3approval by the county board. The proceeds of the sale of
real property as authorized
4under this subdivision shall first be applied to any debt attached to the property.
5Before the county executive's sale of county land may take effect, a majority of the
6following must sign a document, a copy of which will be attached to the bill of sale
7and a copy of which will be retained by the county, certifying that they believe the
8sale is in the best interests of the county:
AB923-ASA1,7
9Section 7
. 59.17 (2) (b) 4. of the statutes is amended to read:
AB923-ASA1,9,1810
59.17
(2) (b) 4. Sign all contracts, conveyances, and evidences of indebtedness
11on behalf of the county, to the extent that no other county officer or employee is
12specifically required to sign such contracts, conveyances, and evidences of
13indebtedness, and countersign all other contracts, conveyances, and evidences of
14indebtedness. No contract with the county is valid unless it is signed or
15countersigned by the county executive and, as provided in ss. 59.255 (2) (e) and 59.42
16(2) (b) 5., by the comptroller and corporation counsel
, except that the requirement for
17signatures by the comptroller and corporation counsel applies only to contracts the
18value of which exceeds $250,000.
AB923-ASA1,8
19Section 8
. 59.17 (2) (b) 8. of the statutes is created to read:
AB923-ASA1,9,2120
59.17
(2) (b) 8. Exercise the authority under s. 59.52 (3), (4), (11), (12), (14), and
21(23) for matters regarding property that would otherwise be exercised by the board.
AB923-ASA1,9
22Section 9
. 59.17 (2) (bm) of the statutes is repealed.
AB923-ASA1,10
23Section 10
. 59.17 (2) (c) of the statutes is amended to read:
AB923-ASA1,9,2524
59.17
(2) (c) Appoint the members of all boards and commissions where
25appointments are required and where the statutes provide that the appointments
1are made by the county board or by the chairperson of the county board.
All Subject
2to par. (b) 1., all appointments to boards and commissions by the county executive
3are subject to confirmation by the county board.
AB923-ASA1,11
4Section 11
. 59.17 (2) (d) of the statutes is created to read:
AB923-ASA1,10,75
59.17
(2) (d) In any county with a population of at least 750,000, exercise sole
6authority over the following administrative actions, which may take effect without
7any review or approval of the board:
AB923-ASA1,10,108
1. Procurement, including an appeals process, requests for proposals or
9information, negotiation, approval, amendment, execution, administration, and
10payment.
AB923-ASA1,10,1211
2. Contracting, including negotiation, requests for proposals or information,
12approval, amendment, execution, administration, and payment.
AB923-ASA1,10,1813
3. Administrative review of appeals under ch. 68, administrative review of any
14protest of a solicitation or award of a contract, the denial in whole or in part of a
15contract award, any appeal by an aggrieved party from an administrative
16determination by any county official regarding an initial permit, license, right,
17privilege, or authority, except an alcohol beverage license, for which a person applies
18through the county.
AB923-ASA1,10,2119
4. Creation of an administrative manual of operating procedures and taking
20actions under such a manual related to the authority and powers granted to a county
21executive under the statutes.
AB923-ASA1,12
22Section 12
. 59.17 (2) (e) of the statutes is created to read:
AB923-ASA1,11,223
59.17
(2) (e) 1. Except as provided in s. 63.11 or any authority granted by law
24to the county board, in a county with a population of at least 750,000, exercise sole
1authority to determine all of the following for any county employee who is not an
2elected official: