AB329: Bill Text

LRB-3122/3

MES:kjf:rs

2011 - 2012 LEGISLATURE

2011 Assembly BILL 329

October 17, 2011 - Introduced by Representatives Kooyenga, Honadel, Stone and Knodl, cosponsored by Senator Darling. Referred to Committee on Homeland Security and State Affairs.

AB329,4,9 An Act to repeal 59.25 (3) (a) 2.; to renumber 59.25 (1); to renumber and amend 59.20 (2) (a) and 59.25 (3) (a) 1.; to amend 5.68 (6), 9.01 (1) (ag) 4., 16.846 (3), 17.01 (7), 17.09 (1), 17.21 (3), 19.59 (3) (c), 23.84, 23.85, 24.28 (1) (b), 24.67 (3), 24.70 (4), 24.70 (6), 26.03 (1m) (a) 2., 26.14 (4), 26.30 (9) (b) 1., 27.065 (9) (c), 27.065 (9) (e), 27.065 (9) (f), 27.065 (10) (e), 29.983 (1) (f), 29.984 (1) (f), 29.985 (1) (d), 29.987 (1) (d), 29.989 (1) (d), 29.99 (4), 29.9905 (1) (d), 29.991 (1) (c), 30.38 (13) (c), 32.58 (3) (a), 34.01 (7), 34.105 (1), 36.11 (1) (d), 41.41 (10) (c) 1., 41.41 (10) (c) 2., 43.58 (7) (b), 43.58 (7) (c), 43.58 (7) (d), 45.81 (3) (c), 45.81 (3) (d), 45.84 (3), 45.85 (3), 46.495 (2) (a), 48.569 (2) (a), 49.19 (7), 51.605 (2), 51.91 (4), 55.107 (2), 59.20 (3) (a), 59.21 (1) (g), 59.21 (3), 59.22 (1) (b), 59.23 (2) (e), 59.23 (2) (g), 59.23 (2) (L), 59.25 (3) (b), 59.29 (1) (b), 59.32 (1), 59.38 (1), 59.38 (3), 59.40 (2) (m), 59.40 (2) (n), 59.47 (1), 59.52 (3) (b), 59.52 (4) (a) 12., 59.52 (4) (a) 15., 59.53 (17) (b), 59.56 (3) (d), 59.56 (14) (d), 59.57 (2) (e) 2., 59.57 (2) (e) 5., 59.61 (1) (a), 59.61 (3) (a), 59.61 (3) (b), 59.61 (3) (c), 59.61 (3) (d), 59.63, 59.64 (1) (e), 59.64 (1) (g) 1., 59.64 (1) (g) 3., 59.64 (2), 59.64 (4) (a), 59.64 (4) (c), 59.64 (4) (d), 59.66 (1), 59.66 (2) (a) 1., 59.66 (2) (a) 2., 59.66 (2) (am), 59.66 (2) (b), 59.66 (3), 59.70 (16) (a) 2., 59.70 (17) (b), 59.72 (3m) (a) (intro.), 59.78, 59.81, 59.85 (1) (d), 59.85 (7) (a), 59.85 (7) (b), 59.85 (7) (d), 61.25 (8), 61.25 (10), 63.01 (4), 66.0114 (1) (bm), 66.0114 (3) (c), 66.0235 (5), 66.0309 (14) (a), 66.0505 (3) (a) 1., 66.0505 (3) (a) 4., 66.0505 (3) (b), 66.0607 (1), 66.0607 (3), 66.0607 (3m), 66.0711 (2), 66.0713 (2) (a), 66.0713 (2) (b), 66.0713 (2) (c), 66.0713 (4) (ba), 66.0713 (4) (d), 66.0713 (4) (e), 66.0713 (5) (b) 4., 66.0713 (5) (b) 5., 66.0715 (3) (d), 66.0715 (3) (e), 66.0923 (9), 66.0925 (9), 66.0927 (10), 66.1005 (2) (c), 66.1105 (4m) (ae) 2., 66.1105 (6) (c), 66.1106 (8), 66.1106 (9), 67.09 (1), 67.10 (9) (b), 67.16 (2) (b), 67.16 (2) (c), 69.60, 69.67, 70.09 (3) (c), 70.114 (4) (b), 70.20 (1), 70.323 (1) (a), 70.323 (1) (b), 70.323 (4), 70.39 (1), 70.55, 70.63 (1), 70.64 (12), 70.65 (2) (e), 70.67 (1), 70.67 (2), 70.71 (1), 70.71 (2), 70.73 (1) (d), 71.07 (3m) (a) 6., 71.28 (2m) (a) 6., 71.47 (2m) (a) 6., 71.52 (7), 71.58 (8), 71.74 (13) (a), 71.91 (1) (a), 74.01 (2) (a), 74.07, 74.11 (6) (b), 74.11 (11) (a), 74.11 (12) (a) (intro.), 74.11 (12) (c), 74.11 (12) (d), 74.12 (10) (b), 74.12 (11) (a) (intro.), 74.12 (11) (c), 74.12 (11) (d), 74.12 (12) (a), 74.12 (12) (b), 74.125, 74.23 (1) (a) 1., 74.23 (1) (a) 2., 74.25 (1) (a) 1., 74.25 (1) (a) 2., 74.25 (1) (a) 6., 74.25 (3), 74.25 (4), 74.27, 74.29 (1), 74.30 (1) (a), 74.30 (1) (b), 74.30 (1) (f), 74.30 (1m), 74.30 (2) (a), 74.30 (2) (b), 74.31 (intro.), 74.37 (3) (c), 74.42 (1), 74.43 (1) (intro.), 74.43 (2), 74.43 (3), 74.45 (title), 74.45 (1), 74.45 (2), 74.47 (3) (a), 74.47 (3) (b), 74.47 (3) (c) (intro.), 74.47 (3) (f), 74.485 (2) (intro.), 74.485 (4) (b), 74.485 (8), 74.49 (1), 74.49 (2) (a) (intro.), 74.51 (2), 74.53 (6), 74.57 (1), 74.57 (3), 74.59 (1) (a) (intro.), 74.59 (1) (a) 2., 74.59 (2), 74.59 (3) (intro.), 74.61 (1), 74.61 (2), 74.61 (3), 74.61 (4), 74.63 (intro.), 74.65 (1), 74.65 (2), 74.69 (3) (b), 74.69 (3) (c), 74.69 (3) (e), 74.71, 74.75, 74.87 (6) (c), 74.87 (8), 75.01 (1) (b), 75.01 (4) (a), 75.04, 75.05 (intro.), 75.05 (5), 75.07 (1), 75.07 (2) (a), 75.07 (2) (b), 75.07 (2) (c), 75.09, 75.10, 75.105 (3), 75.12 (3), 75.12 (4), 75.14 (2), 75.144 (2) (c), 75.16, 75.20 (2), 75.20 (3), 75.285, 75.36 (2) (b), 75.36 (2m) (intro.), 75.36 (3) (intro.), 75.37 (1), 75.37 (2), 75.521 (1) (c), 75.61 (2), 75.62 (4), 75.64 (2), 75.67 (2), 75.67 (3) (a), 75.67 (3) (b), 75.67 (3) (c), 77.04 (3), 77.10 (1) (a), 77.10 (2) (b), 77.23, 77.26 (6), 77.84 (3) (b), 77.89 (2) (a), 77.89 (2) (b), 79.10 (7m) (a) 2., 79.10 (7m) (b) 2., 79.10 (7m) (c) 2., 79.10 (7m) (cm) 1. b., 79.10 (7m) (cm) 1. c., 79.10 (7m) (cm) 2. b., 79.10 (7m) (cm) 2. c., 79.10 (10) (a), 79.10 (10) (b), 79.10 (10) (bm) 2., 79.10 (10) (bn) 1., 79.10 (10) (c), 83.04 (4), 83.04 (5), 83.14 (1), 86.34 (3), 88.01 (5), 90.11 (2) (b), 93.50 (1) (c), 100.261 (3) (a), 102.21, 102.85 (4) (d), 102.87 (9), 114.14 (2) (f), 115.817 (3) (b), 115.817 (10) (c), 138.052 (5m) (b) 6., 138.052 (5m) (e), 157.11 (9g) (a) 1. b., 157.125 (1), 157.125 (2), 165.755 (3), 165.755 (4), 167.31 (5) (d), 169.46 (1) (d), 169.46 (2) (d), 171.04 (3), 171.05, 171.06, 171.065, 172.08 (3), 173.24 (3), 174.08 (title) and (1), 174.09 (1), 174.09 (2), 195.29 (5), 236.21 (3), 251.13, 253.06 (4) (c) 2., 281.43 (2) (a) 3., 299.93 (4), 302.46 (1) (b), 302.46 (1) (c), 302.46 (1) (d), 303.08 (4), 321.61 (1) (f), 321.61 (1) (g), 321.61 (1) (h), 343.301 (5), 345.28 (2) (a), 346.177 (4), 346.495 (4), 346.65 (4r) (d), 346.655 (2) (a), 346.655 (2) (b), 346.655 (3), 349.04 (4), 350.115 (1) (d), 351.07 (1g), 605.23 (1), 753.061 (5), 753.07 (2) (a), 753.07 (2) (b), 753.07 (3) (a), 753.07 (3) (b), 753.07 (4), 757.05 (1) (b), 757.05 (1) (c), 757.40, 778.10, 778.13, 778.15, 778.16, 778.17, 778.25 (10), 778.26 (9), 782.45 (1), 812.24 (1), 814.60 (1), 814.61 (1) (a), 814.61 (1) (b), 814.61 (3), 814.61 (7) (a), 814.61 (7) (b), 814.61 (8) (c), 814.61 (8) (d), 814.615 (4), 814.62 (1), 814.62 (3) (d) 2., 814.62 (3) (d) 3., 814.63 (5), 814.66 (3), 814.69 (1) (a), 814.85 (2), 814.86 (2), 885.08, 891.11 (1), 891.11 (2), 938.275 (2) (d), 938.34 (8d) (b), 961.41 (5) (b), 969.13 (4), 971.37 (1m) (c) 1. b., 973.042 (4), 973.043 (2), 973.045 (2), 973.046 (2), 973.055 (2) (a), 973.055 (2) (b), 973.06 (1) (g), 978.12 (5) (c) 1., 978.12 (5) (c) 2., 978.13 (1) (b), 978.13 (1) (c), 978.13 (1) (d), 985.065 (2) (d) and 992.08; and to create 59.001 (2e), 59.20 (2) (a) 2., 59.20 (2) (am), 59.21 (1) (j), 59.25 (1) (b), 59.254, 59.255, 59.42 (2) (b) 5. and 63.03 (2) (jm) of the statutes; relating to: renaming the office of county treasurer in Milwaukee County, creating the elective office of county comptroller for Milwaukee County, transferring the duties of the Milwaukee County treasurer to that elective office, and expanding the duties and responsibilities of that office.

Analysis by the Legislative Reference Bureau

This bill renames the office of treasurer in any county with a population of at least 750,000 (presently only Milwaukee County) comptroller, and creates the elective office of comptroller in any such county. The comptroller is to be chosen every four years in the general election, beginning in 2012. An individual must be a licensed or certified public accountant, or must have a master's degree or doctorate degree in accounting or finance, to hold the office of comptroller. Upon the election and qualification of the comptroller, the duties and responsibilities of the Milwaukee County treasurer are transferred to the comptroller. The comptroller is also given additional duties and responsibilities under the bill. The term of the current elective treasurer runs until approximately January 2013. The current comptroller, who is not elected, may continue as a county employee in the office of the elected comptroller under his or her current terms of employment. To the extent that he or she is not covered by a civil service ordinance, any employee in the current office of comptroller may continue in office subject to the approval of the elected comptroller.

Under the bill, the comptroller is the chief financial officer of the county, the administrator of the county's financial affairs, and the person who oversees all of the county's debt. The comptroller is required to provide the county board and executive with a fiscal note for all proposed legislation and to report, on a regular basis, on the condition of the county's funds, and claims that are payable. He or she must also prepare and distribute an annual certified statement about the receipts and disbursements from each county fund in the preceding fiscal year. Also on an annual basis, the comptroller must prepare and distribute to the board and the executive a five-year financial condition forecast for the county.

The comptroller is required to perform all audit functions related to county government and, upon request, provide the board or executive with a fiscal analysis on any matter affecting the county. Generally under the bill, the comptroller is required to countersign all contracts with the county, and no contract is valid until it is countersigned.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB329, s. 1 Section 1. 5.68 (6) of the statutes is amended to read:

AB329,5,5 5.68 (6) The clerk of each county or municipality shall submit an invoice to the clerk of each municipality or district which is responsible for payment of election costs under this section. The municipality or district shall make payment to the county or municipal treasurer, or to a county comptroller under s. 59.255.

AB329, s. 2 Section 2. 9.01 (1) (ag) 4. of the statutes is amended to read:

AB329,5,12 9.01 (1) (ag) 4. The board shall deposit all moneys received by it into the account under s. 20.511 (1) (g), and shall pay the fees required for each recount to the county clerks of the counties in which the recount is to be held. The county clerk shall deposit fees received by him or her with the county treasurer or with a county comptroller under s. 59.255. The municipal clerk shall deposit fees received by him or her with the municipal treasurer.

AB329, s. 3 Section 3. 16.846 (3) of the statutes is amended to read:

AB329,5,19 16.846 (3) All fines imposed and collected under this section shall be transmitted to the county treasurer or the county comptroller under s. 59.255 for disposition in accordance with s. 59.25 (3) (f) and (j). All forfeitures, including forfeitures of posted bail, if any, imposed and collected under this section shall be transmitted to the county treasurer or the county comptroller under s. 59.255 for disposition in accordance with ss. 778.13 and 778.17.

AB329, s. 4 Section 4. 17.01 (7) of the statutes is amended to read:

AB329,6,7 17.01 (7) By a county supervisor, county clerk, county treasurer, county comptroller under s. 59.255, coroner, register of deeds or county surveyor, to the sheriff, who shall immediately transmit a notice thereof, in case of a coroner or register of deeds, to the governor; and in case of a county supervisor, county clerk, county treasurer, county comptroller under s. 59.255, or surveyor, to the chairperson of the county board; and after such notices the sheriff shall file such resignations with the county clerk.

AB329, s. 5 Section 5. 17.09 (1) of the statutes is amended to read:

AB329,6,12 17.09 (1) County clerk; treasurer; comptroller; surveyor; supervisor. The county clerk, county treasurer, county comptroller under s. 59.255, or surveyor, or a county supervisor, by the county board, for cause, by a vote of two-thirds of all the supervisors entitled to seats on such board.

AB329, s. 6 Section 6. 17.21 (3) of the statutes is amended to read:

AB329,7,2 17.21 (3) County clerk, treasurer, comptroller, and surveyor. In the office of county clerk, treasurer, comptroller under s. 59.255, or surveyor, by appointment by the county board for the residue of the unexpired term unless a special election is ordered by the county board, in which case the person appointed shall serve until his or her successor is elected and qualified. The county board may, if a vacancy occurs before June 1 in the year preceding expiration of the term of office, order a special election to fill the vacancy. If the county board orders a special election during the period beginning on June 1 and ending on November 30 of any year, the special election shall be held concurrently with the succeeding spring election. If the county board orders a special election during the period beginning on December 1 and ending on May 31 of the succeeding year, the special election shall be held on the Tuesday after the first Monday in November following the date of the order. A person so elected shall serve for the residue of the unexpired term.

AB329, s. 7 Section 7. 19.59 (3) (c) of the statutes is amended to read:

AB329,7,8 19.59 (3) (c) A provision directing the county or municipal treasurer, or county comptroller under s. 59.255, to withhold the payment of salaries or expenses from any local public official or other employee of the county or municipality who fails to disclose his or her economic interests in accordance with the requirements of the ordinance.

AB329, s. 8 Section 8. 23.84 of the statutes is amended to read:

AB329,7,20 23.84 Forfeitures, costs, fees, and surcharges collected; to whom paid. Except for actions in municipal court, all moneys collected in favor of the state or a municipality for a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, shall be paid by the officer who collects the same to the appropriate municipal or county treasurer, or county comptroller under s. 59.255, within 20 days after their receipt by the officer, except that all jail surcharges imposed under ch. 814 shall be paid to the county treasurer or county comptroller under s. 59.255. In case of any failure in the payment, the municipal or county treasurer, or county comptroller under s. 59.255, may collect the payment from the officer by an action in the treasurer's or comptroller's name of office and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid.

AB329, s. 9 Section 9. 23.85 of the statutes is amended to read:

AB329,8,7 23.85 Statement to county board; payment to state. Every county treasurer, or county comptroller under s. 59.255, shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, costs, fees, and surcharges imposed under ch. 814 and received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, costs, fees, and surcharges from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, costs, fees, and surcharges to the county treasurer, or county comptroller under s. 59.255, who shall pay the proceeds to the state as provided in s. 59.25 (3). Jail surcharges imposed under ch. 814 shall be treated separately as provided in s. 302.46.

AB329, s. 10 Section 10. 24.28 (1) (b) of the statutes is amended to read:

AB329,8,12 24.28 (1) (b) Nonpayment of any taxes that before the annual interest required by the certificate of sale is paid are returned to the board by the county treasurer, or county comptroller under s. 59.255, as due and unpaid upon the lands described in the certificate.

AB329, s. 11 Section 11. 24.67 (3) of the statutes is amended to read:

AB329,9,2 24.67 (3) If a municipality has acted under subs. (1) and (2), it shall certify that fact to the department of administration. Upon receiving a certification from a municipality, or upon direction of the board if a loan is made to a cooperative educational service agency, drainage district created under ch. 88, local professional baseball park district created under subch. III of ch. 229, or a federated public library system, the secretary of administration shall draw a warrant for the amount of the loan, payable to the comptroller of a county under s. 59.255 or to the treasurer of the municipality, cooperative educational service agency, drainage district, or federated public library system making the loan or as the comptroller of a county under s. 59.255 or the treasurer of the municipality, cooperative educational service agency, drainage district, local professional baseball park district, or federated public library system directs. The certificate of indebtedness shall then be conclusive evidence of the validity of the indebtedness and that all the requirements of law concerning the application for the making and acceptance of the loan have been complied with.

AB329, s. 12 Section 12. 24.70 (4) of the statutes is amended to read:

AB329,9,10 24.70 (4) Payment to board. The treasurer of each municipality and the comptroller of a county under s. 59.255 shall transmit to the board on its order the full amount levied for state trust fund loans within 15 days after March 15. Each cooperative educational service agency shall similarly transmit the annual amount owed on any state trust fund loan made to the agency by that date. Any payment not made by March 30 is delinquent and is subject to a penalty of one percent per month to be paid to the board with the delinquent payment.

AB329, s. 13 Section 13. 24.70 (6) of the statutes is amended to read:

AB329,9,17 24.70 (6) Failure to make payments. If any municipality fails to remit the amount due by the date specified under sub. (4), the board may file a certified statement of the delinquent amount with the department of administration. The secretary of administration shall collect the amount due, including any penalty, by deducting that amount from any state payments due the municipality and shall notify the treasurer or comptroller and the board of that action.

AB329, s. 14 Section 14. 26.03 (1m) (a) 2. of the statutes is amended to read:

AB329,9,25 26.03 (1m) (a) 2. Upon receipt of notifications under subd. 1., the county clerk shall provide notice to the town chairperson of each town in which the land from which raw forest products will be harvested is located and to the county treasurer or county comptroller under s. 59.255. The county treasurer or county comptroller under s. 59.255 shall determine whether the county holds a tax certificate or tax deeds to any of the land involved. If the county holds a tax certificate, the county treasurer or county comptroller under s. 59.255 shall take action to collect the unpaid taxes represented by county-owned tax certificates or to prevent the harvesting of raw forest products from the land. If the county holds a tax deed, the county treasurer or county comptroller under s. 59.255 shall take action to prevent the harvesting of raw forest products from the land.

AB329, s. 15 Section 15. 26.14 (4) of the statutes is amended to read:

AB329,10,21 26.14 (4) Emergency fire wardens or those assisting them in the fighting of forest fires shall prepare itemized accounts of their services and the services of those employed by them, as well as other expenses incurred, on blanks to be furnished by the department and in a manner prescribed by the department, and make oaths or affirmation that said account is just and correct, which account shall be forwarded and approved for payment by the department. As soon as any such account has been paid by the secretary of administration the department of natural resources shall send to the proper county treasurer or county comptroller under s. 59.255 a bill for the county's share of such expenses. The county shall have 60 days within which to pay such bill, but if not paid within that time the county shall be liable for interest at the rate of 6% per year. If payment is not made within 60 days the department of administration shall include such amount as a part of the next levy against the county for state taxes, but no county shall be required to pay more than $5,000 in any one year. Any unpaid levy under this section shall remain a charge against the county and the department of administration shall include such unpaid sums in the state tax levy of the respective counties in subsequent years.

AB329, s. 16 Section 16. 26.30 (9) (b) 1. of the statutes is amended to read:

AB329,11,8 26.30 (9) (b) 1. When such work has been performed on county lands, the department shall send to the proper county treasurer or county comptroller under s. 59.255 a bill for the county's share of such expenses and a copy of the bill shall be filed with the department of administration. The county shall have until October 1 of each year to pay such bill. If payment is not made by October 1 of each year, the secretary of state, upon information certified to the secretary of state by the department of administration, shall include such amount as a part of the next levy against the county for state taxes, but no county shall be required to pay more than $5,000 of such amount in any one year. Any unpaid levy under this section shall remain a charge against the county and the secretary of state shall include such unpaid sums in the state tax levy of the respective counties in subsequent years.

AB329, s. 17 Section 17. 27.065 (9) (c) of the statutes is amended to read:

AB329,11,21 27.065 (9) (c) Said bonds may be annual or semiannual interest coupon bonds or bonds that are registered under s. 67.09 without interest coupons, as the county board may direct, the total issue in each case shall be payable in annual installments for a period not exceeding 10 years from the date of issue, and shall draw interest at a rate not exceeding 6% per year, interest payable annually or semiannually, as the county board may direct; such bonds may be of such denomination as the county board shall determine and shall be sold at not less than par. The proceeds of the sale of such bonds shall be credited by the county treasurer or county comptroller under s. 59.255 to the special fund for the improvement of such streets or parkways, and may be paid to the contractor for such work when payment is due and the county board shall so direct, or the contractor may take such bonds as payment for work done with the permission of the county board.

AB329, s. 18 Section 18. 27.065 (9) (e) of the statutes is amended to read:

AB329,11,25 27.065 (9) (e) The county treasurer or county comptroller under s. 59.255 shall, out of the special fund hereby created for that purpose, pay the interest on and the principal of said bonds, as the same become due and charge the same to said fund.