SB777: Bill Text

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SB777,35 Section 35. 59.42 (1) (b) and (c) of the statutes are repealed.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

SB777,32,10 59.602 Alternative budget process in certain counties. (1) Application. (a) Subject to par. (b), the provisions of this section may be used by any county, including a county with a population of 750,000 or more.

SB777,32,12 (b) To use the provisions of this section, a county must take one of the following actions:

SB777,32,17 1. If the county has a county executive or administrator, the county executive or administrator must issue a written proclamation stating that the county will use the provisions of this section. Once the proclamation is issued, it takes effect. No action by the county board is needed for the proclamation to take effect, and no county board action may stop or repeal the proclamation.

SB777,32,19 2. In any other county, the board must adopt a resolution proclaiming that the county will use the provisions of this section.

SB777,32,20 (2) Definitions. In this section:

SB777,33,2 (a) “Budget director” means the officer or employee of a county, other than the county executive, county administrator, or county administrative coordinator, who is principally responsible for developing and coordinating a county's budget, except that if the county's executive, administrator, or administrative coordinator is principally responsible for developing and coordinating a county's budget, that individual is the budget director.

SB777,33,5 (b) “Department" includes all county departments, boards, commissions, institutions, offices, and other agencies of the county government for which funds may be legally appropriated.

SB777,33,6 (c) “Director" means the director of the county department of administration.

SB777,33,7 (3) Fiscal year. The fiscal year in every county is the calendar year.

SB777,33,11 (4) Accounting and budgeting procedure. Every accounting and budgeting procedure that is applied under this section shall comply with generally accepted accounting principles for government as promulgated by the governmental accounting standards board or its successor bodies or other authoritative sources.

SB777,35,2 (5) Publication of budget and public hearing. The board shall refer the executive's or administrator's budget to the finance committee and such committee shall publish as a class 1 notice, under ch. 985, a summary of the executive's or administrator's budget and comparative figures together with a statement of the county's bonded indebtedness, and shall make available to the general public reprinted copies of the summary as published. The publication shall also state the date, hour, and place of the public hearing to be held by the board on such executive's or administrator's budget. The board shall, not less than 14 days after publication of the summary of the executive's or administrator's budget, and prior to the adoption of the property tax levy, hold a public hearing on such executive's or administrator's budget, at which time county residents may appear and express their opinions. After such public hearing, and on or before the annual meeting, the finance committee shall submit to the board its recommendations for amendments to the executive's or administrator's budget, if any, and the board shall adopt the budget with such changes as it considers proper and advisable. A request for an amendment to the budget must be submitted to the comptroller or budget director at least 7 business days before the amendment may be considered by the board or by a committee of the board, and the board or committee may not consider any amendment which is not submitted in conformity with this time frame. Any amendment to the budget shall 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 5 fiscal years. If a county does not have a comptroller, the estimate shall be prepared by the county's budget director. The board shall make the amendment and the estimate available to the public, in an electronic format, at least 24 hours before the amendment may be considered by the board or by a committee of the board. The board shall have the budget resolution prepared as it was adopted by the board, incorporating any adopted amendments, before presenting the resolution to the executive. Subject to sub. (6), the board of a county with a population of at least 750,000 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 of the board, including staff, is greater than 0.4 percent of the county portion of the tax levy for that year to which the budget applies. The board of a county with a population of at least 750,000 may not adopt a budget that alters any formula by which fringe benefits, interdepartmental charges for services, depreciation, or debt service are allocated in the executive's budget. An appropriation that is contingent upon additional approval by the board after the adoption of the budget is included in the 0.4 percent budget limitation described in this subsection. When so adopted, the sums provided shall, subject to the provisions of sub. (7), constitute legal appropriations and anticipated revenues for the ensuing year.

SB777,35,5 (6) Milwaukee County budget cap. The 0.4 percent budget limitation for a county with a population of at least 750,000 that is described in sub. (5) does not apply to any of the following elements of the county's budget:

SB777,35,7 (a) Any costs related to pension and health care payments for retired county officers, employees, and their families.

SB777,35,10 (b) The costs for the salary, health benefits, and pension benefits of county board supervisors and the county board chairperson for any term that begins before April 2018.

SB777,35,12 (c) Any costs associated with duties performed by the county clerk under s. 59.23 (2).

SB777,35,13 (d) Any costs associated with a department created under s. 59.52 (32).

SB777,35,14 (e) Space rental that is attributable to the county board.

SB777,35,24 (7) Transfers of appropriations. (a) At the request of the head of any department, and after receiving the recommendation of the county executive or county administrator, the director shall, at any time during the fiscal year, transfer any unencumbered appropriation balance or portion thereof between principal objects of expenditures within a department; but no transfers shall be made of appropriations originating from bond funds unless the purpose for which the bonds were issued has been fulfilled or abandoned. If more than one department is under the jurisdiction of the same board or commission or under the same general management, the group of departments may be considered as though they were a single unit with respect to transfers of appropriations within the group.

SB777,36,6 (b) Upon the recommendation of the finance committee in a county without a county executive or county administrator, or upon the recommendation of the county executive or county administrator in other counties, and by resolution adopted by a majority of the members present and voting at any meeting, the board may transfer any unencumbered appropriation balance or portion thereof from one department or account to another.

SB777,36,8 (c) 1. Paragraph (b) does not apply to an appropriation which is irrepealable by law.

SB777,36,11 2. The board may not amend a recommendation under par. (b) to increase the amount to be transferred or to transfer funds to a department other than the department designated as the transferee in the recommendation.

SB777,36,13 3. No transfer may be made under this subsection unless the director certifies that sufficient unencumbered funds are available for transfer.

SB777,36,16 (8) Budgetary procedures, beyond 2017. (a) For fiscal years that begin after December 31, 2017, a county that chooses under sub. (1) (b) to operate under this section shall adopt a budget that contains the provisions specified in this section.

SB777,36,20 (b) Beginning in 2017, and in every odd-numbered year thereafter, a county shall adopt a biennial budget following the timeline specified in par. (c) that sets forth all of the following items, and no others, for the 2 fiscal years that immediately follow the year in which the budget is adopted:

SB777,36,21 1. The county tax levy.