Amendment ASA1-AB923

AB923-ASA1,27 Section 27 . 59.42 (2) (b) 5. of the statutes is amended to read:

AB923-ASA1,17,4 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.

AB923-ASA1,28 Section 28 . 59.42 (3) of the statutes is amended to read:

AB923-ASA1,17,13 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.

AB923-ASA1,29 Section 29 . 59.44 (1) (b) of the statutes is amended to read:

AB923-ASA1,17,22 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.

AB923-ASA1,30 Section 30 . 59.52 (1) (a) of the statutes is amended to read:

AB923-ASA1,18,10 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.

AB923-ASA1,31 Section 31 . 59.52 (1) (b) of the statutes is amended to read:

AB923-ASA1,19,2 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.

AB923-ASA1,32 Section 32 . 59.52 (3m) of the statutes is created to read:

AB923-ASA1,19,5 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:

AB923-ASA1,19,6 1. The purchase of services.

AB923-ASA1,19,7 2. The purchase of supplies.

AB923-ASA1,19,8 3. The sale or purchase of real property.

AB923-ASA1,19,9 4. The lease as tenant or landlord of real property.

AB923-ASA1,19,10 5. Construction and public works.

AB923-ASA1,19,15 (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.

AB923-ASA1,33 Section 33 . 59.52 (9) of the statutes is amended to read:

AB923-ASA1,20,2 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.

AB923-ASA1,34 Section 34 . 59.52 (29) (a) of the statutes is amended to read:

AB923-ASA1,20,20 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.

AB923-ASA1,35 Section 35. 59.52 (29) (am) of the statutes is created to read:

AB923-ASA1,21,13 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.

AB923-ASA1,36 Section 36 . 59.52 (31) of the statutes is repealed.

AB923-ASA1,37 Section 37 . 59.53 (25) of the statutes is amended to read:

AB923-ASA1,21,19 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.

AB923-ASA1,38 Section 38 . 59.58 (1) (c) of the statutes is amended to read:

AB923-ASA1,21,25 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, in a county with a population of 750,000 or more, 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.

AB923-ASA1,39 Section 39. 59.60 (1) of the statutes is amended to read:

AB923-ASA1,22,5 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.

AB923-ASA1,40 Section 40 . 59.60 (12) of the statutes is renumbered 59.60 (12) (a) and amended to read:

AB923-ASA1,22,24 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.

AB923-ASA1,41 Section 41 . 59.60 (12) (b) of the statutes is created to read:

AB923-ASA1,23,3 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:

AB923-ASA1,23,11 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.

AB923-ASA1,23,16 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.

AB923-ASA1,42 Section 42 . 59.60 (12) (c) of the statutes is created to read:

AB923-ASA1,23,19 59.60 (12) (c) The provisions of this subsection apply to budgets adopted under this section and s. 59.602.

AB923-ASA1,43 Section 43 . 59.602 of the statutes is created to read:

AB923-ASA1,23,23 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.

AB923-ASA1,23,25 (b) To use the provisions of this section, a county must take one of the following actions:

AB923-ASA1,24,5 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.

AB923-ASA1,24,7 2. In any other county, the board must adopt a resolution proclaiming that the county will use the provisions of this section.

AB923-ASA1,24,8 (2) Definitions. In this section:

AB923-ASA1,24,14 (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.

AB923-ASA1,24,17 (b) “Department" includes all county departments, boards, commissions, institutions, offices, and other agencies of the county government for which funds may be legally appropriated.

AB923-ASA1,24,18 (c) “Director" means the director of the county department of administration.

AB923-ASA1,24,19 (3) Fiscal year. The fiscal year in every county is the calendar year.

AB923-ASA1,24,23 (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.

AB923-ASA1,26,10 (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. If the county has an elected comptroller, 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. 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. When so adopted, the sums provided shall, subject to the provisions of sub. (7), constitute legal appropriations and anticipated revenues for the ensuing year.

AB923-ASA1,26,13 (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:

AB923-ASA1,26,15 (a) Any costs related to pension and health care payments for retired county officers, employees, and their families.

AB923-ASA1,26,18 (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.

AB923-ASA1,26,20 (c) Any costs associated with duties performed by the county clerk under s. 59.23 (2).

AB923-ASA1,26,21 (d) Any costs associated with a department created under s. 59.52 (32).

AB923-ASA1,26,22 (e) Space rental that is attributable to the county board.

AB923-ASA1,27,9 (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. If any transfers of funds occur, as described in this paragraph, the county executive shall notify the comptroller and the county board of the transfer.

AB923-ASA1,27,15 (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.

AB923-ASA1,27,17 (c) 1. Paragraph (b) does not apply to an appropriation which is irrepealable by law.

AB923-ASA1,27,20 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.

AB923-ASA1,27,22 3. No transfer may be made under this subsection unless the director certifies that sufficient unencumbered funds are available for transfer.

AB923-ASA1,27,25 (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.

AB923-ASA1,28,4 (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:

AB923-ASA1,28,5 1. The county tax levy.

AB923-ASA1,28,6 2. Anticipated revenue amounts from all sources.

AB923-ASA1,28,8 3. Appropriations for all departments and for any other obligations of the county.

AB923-ASA1,28,9 (c) 1. All departments shall submit their budget requests to the director.

AB923-ASA1,28,13 2. The county executive, county administrator, or, in a county without a county executive or administrator, the finance committee, shall submit his or her, or its, proposed budget to the board, either electronically or in writing, not later than October 1 of an odd-numbered year.

AB923-ASA1,29,3 3. In a county with a county executive, the board shall approve the budget, engrossed with any amendments, and return it to the county executive no later than November 15 of an odd-numbered year. Any 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 that is not submitted in conformity with this time frame. If the county has an elective comptroller, an amendment shall also 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. 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.

AB923-ASA1,29,8 4. If a county executive wishes to veto any part of the budget under s. 59.17 (5) or (6), the county executive shall do so no later than November 25 of an odd-numbered year. The board may not schedule a meeting to act on the county executive's vetoes, as described in subd. 5., before it receives the vetoes or November 26 of an odd-numbered year, whichever comes first.

AB923-ASA1,29,11 5. The board may act on all of the county executive's vetoes or changes, as described in s. 59.17 (5) and (6), no later than December 1 of an odd-numbered year, or the vetoes or changes shall be considered to be approved by the board.

AB923-ASA1,29,12 6. In a county without a county executive, the board shall approve the budget.

AB923-ASA1,29,14 (d) A county that uses the provisions of this section shall utilize fund accounting. Section 59.60 (3m), as it applies to s. 59.60, applies to this section.

AB923-ASA1,30,2 (e) 1. Outside of the budget process, the county executive, county administrator, or, in a county without a county executive or administrator, the finance committee may propose to the board an increase or decrease in any appropriation or revenue amount, subject to the budget amendment procedures under par. (c) 3. To be approved, such a proposal requires the affirmative vote of two-thirds of the members-elect of the board and the proposal may not be amended by the board, except that when such a proposal is made, and voted on by the board, after September 30 and before November 16 of any even-numbered year, such a proposal may be approved by a simple majority vote of the members-elect of the board and the board may amend the proposal. Any proposal submitted after September 30 and before October 31 of an even-numbered year shall be voted on by the board before November 16 of that even-numbered year.

AB923-ASA1,30,7 2. In any county that adopts a 2-year budget under this subsection, the board may adjust the levy under s. 66.0602, subject to subd. 3., for the 2nd year of the budget once the board receives from the department of revenue the information it needs to determine the county's valuation factor, as defined in s. 66.0602 (1) (d), for that 2nd budgetary year.

AB923-ASA1,30,9 3. If the board adjusts the levy as described under subd. 2., it may act by a simple majority vote of the members-elect of the board.

AB923-ASA1,30,19 (f) With regard to every county department that has appropriations and expenses contained in a budget that is adopted under this section, the budget provisions that apply to such a department shall contain an appropriation account into which a gift or grant bestowed upon that department shall be deposited. If a department receives such a gift or grant, the department may spend the funds, with the consent of the county executive, county administrator, or, in a county without a county executive or administrator, the finance committee, but without county board approval, for the purposes for which the gift or grant was bestowed. If any department receives a gift or grant as described under this paragraph, the county executive shall notify the comptroller and the county board of the gift or grant.

AB923-ASA1,31,2 (g) 1. Subject to subd. 2., 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 may not alter any formula by which fringe benefits, interdepartmental charges for services, depreciation, or debt service are allocated in the recommended budget.

AB923-ASA1,31,5 2. The 0.4 percent budget limitation for a county with a population of at least 750,000 that is described in subd. 1. does not apply to any of the following elements of the county's budget:

AB923-ASA1,31,7 a. Any costs related to pension and health care payments for retired county officers, employees, and their families.

AB923-ASA1,31,10 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.

AB923-ASA1,31,12 c. Any costs associated with duties performed by the county clerk under s. 59.23 (2).

AB923-ASA1,31,13 d. Any costs associated with a department created under s. 59.52 (32).

AB923-ASA1,31,14 e. Space rental that is attributable to the county board.

AB923-ASA1,44 Section 44 . 59.61 (4) of the statutes is created to read:

AB923-ASA1,31,18 59.61 (4) Fund accounting. (a) A county that is subject to s. 59.60 shall utilize fund accounting. Section 59.60 (3m), as it applies to s. 59.60, applies to this subsection.

AB923-ASA1,32,5 (b) In addition to a general fund, a county may create other governmental funds, proprietary funds, fiduciary funds, and other appropriate funds allowed by government accounting practice, provided that in creating each fund 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. Counties may maintain reasonable balances in each such fund to provide the county with necessary working capital, based on sound business principles, to avoid cash flow interruptions and the need to engage in short-term borrowing to fund daily operations. In counties with no county executive, the board may create a fund described in this paragraph by ordinance. In counties with a county executive, only the county executive may create a fund described in this paragraph by executive order, and such an executive order may not be modified or otherwise affected by county board action.

AB923-ASA1,32,8 (c) A county that creates governmental, proprietary, fiduciary, or other funds under this subsection shall develop policies and procedures that apply to each such fund, including all of the following: