SB777: Bill Text

SB777,23 Section 23. 59.22 (1) (a) 3. of the statutes is created to read:

SB777,16,23 59.22 (1) (a) 3. a. The county executive, county administrator, or administrative coordinator may, within 3 months of taking office, elect that a county elective officer compensation commission should make recommendations to the board concerning the compensation for each county elective officer other than supervisor and circuit judge who is paid in whole or part from the county treasury.

SB777,17,10 b. If the county executive, county administrator, or administrative coordinator elects under subd. 3. a. that a county elective officer compensation commission should make recommendations to the board, within 60 days of that decision the county executive, county administrator, or administrative coordinator shall appoint 2 members to the commission, and within 60 days of that decision the board shall appoint 2 members to the commission. The director of a county department having duties related to human resources and personnel shall also be a member of the commission. Notwithstanding s. 59.10 (4), a person who holds elective office in the federal government, state government, or the governing body of a political subdivision may not be a member of the commission during the person's term of office. The board shall provide the resources and information to the commission that is necessary for the commission to make its recommendations under subd. 3. d.

SB777,17,16 c. If the county has a county executive, the commission under subd. 3. b. shall terminate at the end of the county executive's term. If the county has a county administrator, the commission under subd. 3. b. shall terminate 4 years after the board appoints the county administrator. If the county has an administrative coordinator, the commission under subd. 3. b. shall terminate 4 years after the board designates the administrative coordinator.

SB777,17,23 d. At least 4 months before the next closing date for filing nomination papers for an elective office to be voted on in the county other than supervisors and circuit judges, the commission under subd. 3. b. shall by a vote of 4 members of the commission make a recommendation to the board concerning the compensation for each county elective officer other than supervisor and circuit judge who is paid in whole or part from the county treasury. Any 4 members of the commission under subd. 3. b. shall constitute a quorum.

SB777,24 Section 24. 59.22 (2) (a) of the statutes is amended to read:

SB777,18,12 59.22 (2) (a) Except as otherwise provided in this paragraph, and except for elective offices included under sub. (1), supervisors and circuit judges, and subject to s. ss. 59.602 (8) and 59.794 (3), the board of any county that does not have a county executive has the powers set forth in this subsection, sub. (3) , and s. 59.03 (1) as to any office, department, board, commission, committee, position or employee in county service created under any statute, the salary or compensation for which is paid in whole or in part by the county, and the jurisdiction and duties of which lie within the county or any portion thereof and the powers conferred by this section shall be in addition to all other grants of power and shall be limited only by express language. In any county with a population of at least 750,000, the county executive has the powers set forth in this subsection, sub. (3), and s. 59.03 (1), as described in this subsection.

SB777,25 Section 25. 59.22 (2) (c) 1. (intro.) of the statutes is amended to read:

SB777,18,17 59.22 (2) (c) 1. (intro.) Except as provided in subd. 2. and par. (d), the board of any county that does not have a population of at least 750,000 may, and in any county with a population of at least 750,000, the county executive may , do any of the following:

SB777,26 Section 26. 59.22 (2) (c) 2. of the statutes is amended to read:

SB777,18,23 59.22 (2) (c) 2. No action of the board or of a county executive may be contrary to or in derogation of the rules of the department of children and families under s. 49.78 (4) to (7) relating to employees administering old-age assistance, aid to families with dependent children, aid to the blind, or aid to totally and permanently disabled persons or ss. 63.01 to 63.17.

SB777,27 Section 27. 59.22 (2) (d) of the statutes is amended to read:

SB777,19,7 59.22 (2) (d) The county executive in any county that has a population of at least 750,000, or the county board of any county that does not have a population of at least 750,000, or any board, commission, committee or agency to which the board or statutes has delegated the authority to manage and control any institution or department of the county government may contract for the services of employees, setting up the hours, wages, duties and terms of employment for periods not to exceed 2 years.

SB777,28 Section 28. 59.22 (2) (e) of the statutes is amended to read:

SB777,19,13 59.22 (2) (e) The county executive in any county that has a population of at least 750,000, or the board of any county that does not have a population of at least 750,000, may provide and appropriate money for an employee awards program to encourage and to reward unusual and meritorious suggestions and accomplishments by county employees.

SB777,29 Section 29. 59.22 (3) of the statutes is amended to read:

SB777,20,4 59.22 (3) Reimbursement for expense. The county executive in any county that has a population of at least 750,000, or the board of any county that does not have a population of at least 750,000, may provide for reimbursement to any elective officer, deputy officer, appointive officer or employee for any out-of-pocket expense incurred in the discharge of that person's duty in addition to that person's salary or compensation, including without limitation because of enumeration, traveling expenses, tuition costs incurred in attending courses of instruction clearly related to that person's employment, and the county executive or the board, consistent with the powers granted under this subsection, may establish standard allowances for mileage, room and meals, the purposes for which allowances may be made, and determine the reasonableness and necessity for such reimbursements, and also establish in advance a fair rate of compensation to be paid to the sheriff for the board and care of prisoners in the county jail at county expense. Any reimbursement paid under this subsection to an officer or employee of a county with a population of 750,000 or more is subject to the budget limitation described in s. 59.60 (7e).

SB777,30 Section 30. 59.22 (3a) of the statutes is amended to read:

SB777,20,9 59.22 (3a) Commission on aging. The county executive in any county that has a population of at least 750,000, or the board of any county that does not have a population of at least 750,000, may provide for the payment of expenses and a per diem to persons appointed to a county commission on aging under s. 59.53 (11).

SB777,31 Section 31. 59.255 (2) (a) of the statutes is amended to read:

SB777,20,16 59.255 (2) (a) The comptroller is the chief financial officer of the county, and the administrator of the county's financial affairs. The comptroller shall administer the county's accounts payable, payroll, and accounting. The comptroller shall develop rules and procedures to administer these functions to allow for the efficient processing of payments for contracts authorized under s. 59.17 (2) (d) 2. The comptroller shall oversee all of the county's debt.

SB777,32 Section 32. 59.255 (2) (e) of the statutes is amended to read:

SB777,20,21 59.255 (2) (e) The comptroller shall countersign all contracts with the county, the value of which exceeds $250,000, if he or she determines that the county has, or will have, the necessary funds to pay the liability that the county may incur under the contract. No such contract is valid until so countersigned.

SB777,33 Section 33. 59.38 (5) of the statutes is amended to read:

SB777,21,6 59.38 (5) Medical examiner; appointment in populous counties. In a county with a population of 500,000 or more, the county executive shall appoint the medical examiner in the unclassified service, subject to confirmation by a majority of the board and the confirmation provisions under s. 59.17 (2) (b) 1. The medical examiner may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the board, or by a majority of the members-elect of the board with the concurrence of the county executive. If the county executive vetoes an action by the board to dismiss the medical examiner, the board may override the veto by a two-thirds vote of the members-elect of the board.

SB777,34 Section 34. 59.42 (1) (a) of the statutes is renumbered 59.42 (1) and amended to read:

SB777,21,15 59.42 (1) Corporation counsel; certain counties. Except as provided under par. (b), in counties not having a population of 500,000 or more sub. (2), the board may employ a corporation counsel, and fix the salary of the corporation counsel. A corporation counsel appointed under this subsection shall have the duties described under sub. (2) (b). The corporation counsel appointed under this paragraph subsection may be terminated at any time by a majority vote of all the members of the board.

SB777,35 Section 35. 59.42 (1) (b) and (c) of the statutes are repealed.

SB777,36 Section 36. 59.42 (2) (a) of the statutes is amended to read:

SB777,22,18 59.42 (2) (a) In a county with a population of 500,000 or more county executive or county administrator there is created the office of corporation counsel, and such deputy corporation counsels, assistants, stenographers, and clerks at such salaries as are authorized by the board or county executive under s. 59.17 (2) (e). The corporation counsel and deputy and assistant corporation counsels shall be attorneys at law licensed to practice in this state. All such offices and positions shall may be in the classified civil service of the county except the corporation counsel, who is in the unclassified service. The corporation counsel shall be appointed by the county executive, with the concurrence of a majority of the board and shall not serve at the pleasure of the county executive. Any incumbent corporation counsel serving on August 1, 1990, shall retain that position and title until a new appointee is confirmed by the board. The corporation counsel may be dismissed at any time by the county executive with the concurrence of a majority of the members-elect of the board. The corporation counsel may also be dismissed at any time by a majority vote of the board. If the county executive vetoes an action by the board to dismiss the corporation counsel, the board may override the veto by a two-thirds vote of the members-elect of the board. The county executive or county administrator shall appoint the corporation counsel with the concurrence of the majority of the board, unless the board enacts an ordinance that waives the board's confirmation of the corporation counsel. The county executive or county administrator shall supervise the corporation counsel and may dismiss the corporation counsel with the concurrence of the majority of the board. The corporation counsel shall appoint deputies, assistants, and clerical and stenographic help. Deputy corporation counsels shall have, according to their rank and seniority, the powers and duties of the corporation counsel in his or her absence or disability. The corporation counsel and deputy corporation counsels shall take and file the constitutional oath of office.

SB777,37 Section 37. 59.42 (2) (b) 5. of the statutes is amended to read:

SB777,22,23 59.42 (2) (b) 5. Review, for proper form, and countersign all contracts to verify that the contracts comply with all statutes, rules, ordinances, and the county's ethics policy. This subdivision applies only in a county with a population of 750,000 or more, the value of which exceeds $250,000.

SB777,38 Section 38. 59.42 (3) of the statutes is amended to read:

SB777,23,8 59.42 (3) Corporation counsel; attorney designee. In lieu of employing a corporation counsel under sub. (1) or in addition to employing a corporation counsel under sub. (1) or (2) (a), a board shall under sub. (1) or a county executive or county administrator under sub. (2) may designate an attorney to perform the duties of a corporation counsel as the need arises. Two or more counties may jointly designate an attorney to perform the duties of a corporation counsel. If an attorney has been designated to perform the duties of a corporation counsel, that person may exercise any powers and perform any duties of the corporation counsel.

SB777,39 Section 39. 59.44 (1) (b) of the statutes is amended to read:

SB777,23,17 59.44 (1) (b) In any county with a county executive or a county administrator, if the county creates an abstract department under par. (a), the county executive or county administrator shall appoint and supervise the county abstractor. Such appointment shall be subject to confirmation by the board unless the board, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63, and except that in the case of a county with a population of at least 750,000, the appointment is subject to the provisions of s. 59.17 (2) (b) 1.

SB777,40 Section 40. 59.51 (1) of the statutes is renumbered 59.51 (1) (a).

SB777,41 Section 41. 59.51 (1) (b) of the statutes is created to read:

SB777,23,24 59.51 (1) (b) Any power conferred under this chapter to a county executive or county administrator shall be broadly and liberally construed and limited only by express language. To the extent that an action of the board conflicts with the powers of the county executive or the county administrator, the action of the executive or administrator, to the extent of the conflict, shall prevail.

SB777,42 Section 42. 59.52 (1) (a) of the statutes is amended to read:

SB777,24,12 59.52 (1) (a) In counties with a population of 500,000 or more, the county may create a department of administration, provide for the appointment by the county executive of a director of such department and assign such administrative functions to the department as it considers appropriate, subject to the limitations of this paragraph. No such function shall be assigned to the department where the performance of the same by some other county office, department , or commission is required by any provision of the constitution or statutes of this state, except that administrative functions under the jurisdiction of the county civil service commission or the county auditor may be so assigned notwithstanding sub. (8) and ss. 59.47, 59.60 and 63.01 to 63.17. Such director shall be appointed by the county executive in the unclassified civil service and is subject to confirmation by the county board, as provided in s. 59.17 (2) (bm) the provisions of s. 59.17 (2) (b) 1.

SB777,43 Section 43. 59.52 (1) (b) of the statutes is amended to read:

SB777,25,4 59.52 (1) (b) Any county with a population of less than 500,000 may create a department of administration and assign any administrative function to the department as it considers appropriate, except that no administrative function may be assigned to the department if any other provision of state law requires the performance of the function by any other county office, department or commission unless the administrative function is under the jurisdiction of the county civil service commission or the county auditor, in which case, the function may be assigned to the department notwithstanding sub. (8) and ss. 59.47, 59.60 and 63.01 to 63.17. Except as provided under par. (a), in any county with a county executive or county administrator, the county executive or county administrator shall have the authority to appoint and supervise the head of a department of administration; and except as provided under par. (a), the appointment is subject to confirmation by the county board unless the appointment is made under a civil service system competitive examination procedure established under sub. (8) or ch. 63, and except that in the case of a county with a population of at least 750,000, the appointment is subject to the provisions of s. 59.17 (2) (b) 1.

SB777,44 Section 44. 59.52 (3m) of the statutes is created to read:

SB777,25,7 59.52 (3m) Public contracts. (a) In this subsection, “contract” means any agreement to which the county is a party that relates to at least one of these areas:

SB777,25,8 1. The purchase of services.

SB777,25,9 2. The purchase of supplies.

SB777,25,10 3. The sale or purchase of real property.

SB777,25,11 4. The lease as tenant or landlord of real property.

SB777,25,12 5. Construction and public works.

SB777,25,17 (b) In any county with an elective comptroller, the comptroller shall post, monthly, on a county Internet site a list of all contracts in excess of $5,000. The county executive shall timely provide copies of all contracts to the comptroller. The site shall be readily accessible by any member of the pubic. The site may be part of the county's website.

SB777,45 Section 45. 59.52 (9) of the statutes is amended to read:

SB777,26,4 59.52 (9) Purchasing agent. The board county executive may appoint a person or committee as county purchasing agent, and provide compensation for their services, except that if the county does not have a county executive, the board may perform this function. Any county officer or supervisor may be the agent or a committee member. The purchasing agent shall provide all supplies and equipment procurement and contracting as provided under sub. (3m) and s. 59.17 (2) (d) for the various county offices and the board chairperson shall promptly sign orders in payment therefor. The board county executive may require that all purchases procurement and contracting be made in the manner determined by it he or she determines, except that if the county does not have a county executive, the board may perform this function.

SB777,46 Section 46. 59.52 (19) of the statutes is amended to read:

SB777,26,8 59.52 (19) Donations, gifts and grants. The board county executive may accept donations, gifts or grants for any public governmental purpose within the powers of the county.

SB777,47 Section 47. 59.52 (21) of the statutes is amended to read:

SB777,26,14 59.52 (21) County commissions. Except in counties having a population of 500,000 or more, the board county executive may fix and pay the compensation of members of the county park commission and the county planning and zoning commission for attendance at meetings at a rate not to exceed the compensation permitted supervisors.

SB777,48 Section 48. 59.52 (24) of the statutes is amended to read:

SB777,26,24 59.52 (24) Parking areas. The board may enact ordinances establishing county executive in any county with a population of at least 750,000 may establish by directive areas for parking of vehicles on lands owned or leased by the county; for regulating or prohibiting parking of vehicles on such areas or parts of such areas, including, but not limited to, provision for parking in such areas or parts thereof for only certain purposes or by only certain personnel; for forfeitures for violations thereof, but not to exceed $50 for each offense; and for the enforcement of such ordinances directives. In all other counties, the board may perform these functions by enacting ordinances.

SB777,49 Section 49. 59.52 (29) (a) of the statutes is amended to read:

SB777,27,17 59.52 (29) (a) All Except as provided in par. (am), all public work, including any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $25,000 shall be let by contract to the lowest responsible bidder. Any public work, the estimated cost of which does not exceed $25,000, shall be let as the board may direct. If the estimated cost of any public work is between $5,000 and $25,000, the board shall give a class 1 notice under ch. 985 before it contracts for the work or shall contract with a person qualified as a bidder under s. 66.0901 (2). A contract, the estimated cost of which exceeds $25,000, shall be let and entered into under s. 66.0901, except that the board may by a three-fourths vote of all the members entitled to a seat provide that any class of public work or any part thereof may be done directly by the county without submitting the same for bids. This subsection paragraph does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. This subsection paragraph does not apply to highway contracts which the county highway committee or the county highway commissioner is authorized by law to let or make.

SB777,50 Section 50. 59.52 (29) (am) of the statutes is created to read:

SB777,28,10 59.52 (29) (am) In a county with a population of at least 750,000, all public work, including any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $50,000 shall be let by contract to the lowest responsible bidder. Any public work, the estimated cost of which does not exceed $50,000, shall be let as the county executive may direct. If the estimated cost of any public work is between $5,000 and $50,000, the county executive shall give a class 1 notice under ch. 985 before he or she contracts for the work or shall contract with a person qualified as a bidder under s. 66.0901 (2). A contract, the estimated cost of which exceeds $25,000, shall be let and entered into under s. 66.0901, except that the county executive may provide that any class of public work or any part of such work may be done directly by the county without submitting the same for bids. This paragraph does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. This paragraph does not apply to highway contracts that the county highway committee or the county highway commissioner is authorized by law to let or make.

SB777,51 Section 51. 59.52 (31) of the statutes is repealed.

SB777,52 Section 52. 59.53 (25) of the statutes is amended to read:

SB777,28,16 59.53 (25) Milwaukee County mental health. The Milwaukee County board has no jurisdiction and may not take any actions, including under ss. 59.52 (6) and (31), 66.0301, and 66.0607 (2), related to mental health functions, programs, and services.

SB777,53 Section 53. 59.56 (3) (b) of the statutes is amended to read:

SB777,28,25 59.56 (3) (b) Committee on agriculture and extension education. If a board establishes a university extension program, it shall create a committee on agriculture and extension education. The board may select as a member of the committee any public school administrator resident in the county. The members of the committee shall receive such compensation and expenses as the board or county executive determines under s. 59.22 (2) (c) and (3). The committee shall meet at such intervals as are considered necessary to properly carry out its functions and responsibilities.

SB777,54 Section 54. 59.56 (14) (e) 1. of the statutes is amended to read:

SB777,29,3 59.56 (14) (e) 1. Acquire by deed or lease real estate and make improvements on such real estate.

SB777,55 Section 55. 59.57 (2) (e) 4. of the statutes is amended to read:

SB777,29,17 59.57 (2) (e) 4. The articles of incorporation shall provide for 2 classes of members who shall be designated as county members and public members and shall fix the number of each class, but the county members, at all times, shall constitute not less than a majority of the total authorized members. All members of each class shall be designated by the board and shall hold office at the pleasure of the board, except that in counties having a county executive, the members shall be designated by the county executive subject to confirmation by the board and subject to the confirmation provisions of s. 59.17 (2) (b) 1., and such members serve at the pleasure of the county executive. The agency shall be subject to dissolution and its corporate authority terminated upon resolution adopted by a majority of the board, or of the boards of each county where counties join in the formation of the agency whereupon the members shall proceed immediately to dissolve the agency, wind up its affairs and distribute its remaining assets as provided in this subsection.

SB777,56 Section 56. 59.57 (2) (f) 2. of the statutes is amended to read:

SB777,30,2 59.57 (2) (f) 2. Within the boundaries of the county or the counties joining in the formation of the agency to acquire by purchase, lease or otherwise any real or personal property or any interest therein or mortgage or other lien thereon; to hold, improve, clear and redevelop any such property; to sell, assign, lease, subdivide and make the property available for industrial use and to mortgage or otherwise encumber the property, except that the authority to enter into a lease under this subdivision may be exercised only by the county executive, if the county has such an office.

SB777,57 Section 57. 59.58 (1) (c) of the statutes is amended to read:

SB777,30,8 59.58 (1) (c) Operate airport projects or lease such projects in their entirety or in part, and any project may include space designed for leasing to others if the space is incidental to the purposes of the project, except that the authority to enter into a lease under this paragraph may be exercised only by the county executive, if the county has such an office.

SB777,58 Section 58. 59.58 (3) (intro.) of the statutes is amended to read:

SB777,30,12 59.58 (3) Public transit in counties. (intro.) A board may do any of the following, except that the authority to enter into a lease under this subsection may be exercised only by the county executive, if the county has such an office:

SB777,59 Section 59. 59.60 (1) of the statutes is amended to read:

SB777,30,17 59.60 (1) Application. The Except as provided in s. 59.602, the provisions of this section shall apply to all counties with a population of 500,000 750,000 or more. Except as provided in sub. (13), any Any county with a county executive or county administrator may elect to be subject to the provisions of this section.

SB777,60 Section 60. 59.60 (12) of the statutes is renumbered 59.60 (12) (a) and amended to read:

SB777,31,11 59.60 (12) (a) No Subject to par. (b), no payment may be authorized or made and no obligation incurred against the county unless the county has sufficient appropriations for payment. No Subject to par. (b), no payment may be made or obligation incurred against an appropriation unless the director first certifies that a sufficient unencumbered balance is or will be available in the appropriation to make the payment or to meet the obligation when it becomes due and payable. An obligation incurred and an authorization of payment in violation of this subsection is void, except as provided in par. (b). A county officer who knowingly violates this subsection is jointly and severally liable to the county for the full amount paid. A county employee who knowingly violates this subsection may be removed for cause. This subsection does not prohibit contracting for capital improvements being financed wholly or partly by the issuance of bonds or prevent the making of a contract or lease providing for the payment of funds at a time beyond the end of the fiscal year in which the contract or lease is made. The Subject to par. (b), the board shall make or approve by resolution each contract, lease or other obligation requiring the payment of funds from the appropriations of a later fiscal year or of more than one fiscal year.

SB777,61 Section 61. 59.60 (12) (b) of the statutes is created to read:

SB777,31,15 59.60 (12) (b) With regard to payments and obligations, and multi-year contracts, described under par. (a) that would otherwise be prohibited, such contracts may be validly entered into if at least one of the following applies:

SB777,31,23 1. A contract requires funding from a future unbudgeted fiscal year and the contract contains a clause stating that the payment and performance obligation for a future fiscal year is subject to availability and appropriation of funds, and that if an appropriation is not available to fund the terms of the contract for the duration of the contract, the contract shall be null and void on the last day on which the appropriation to fund the contract is available. With regard to such a contract, board approval of a multi-year contract is not necessary for the contract to take effect if it is signed by the county executive.

SB777,32,3 2. The board approves a budget that is signed by the county executive and contains a continuing appropriation to fully fund a multi-year contract. The board need not approve the contract more than once for the contract to remain valid throughout the period during which it is fully funded by the continuing appropriation.

SB777,62 Section 62. 59.60 (12) (c) of the statutes is created to read:

SB777,32,6 59.60 (12) (c) The provisions of this subsection apply to budgets adopted under this section and s. 59.602.

SB777,63 Section 63. 59.602 of the statutes is created to read: