59.58(7)(c)1.g.
g. One member from the authority's jurisdictional area, appointed by the governor.
59.58(7)(c)2.
2. A majority of the board of directors' full authorized membership constitutes a quorum for the purpose of conducting the authority's business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.
59.58(7)(d)
(d) The authority shall have all powers necessary and convenient to create, construct, and manage a KRM commuter rail line.
59.58(7)(e)
(e) The authority may impose the fees under
subch. XIII of ch. 77. From the fees, the authority may do all of the following:
59.58(7)(e)1.
1. Retain not more than $2 for each transaction for administration of the authority.
59.58(7)(e)2.
2. Retain the difference between the amount of the fees imposed under
subch. XIII of ch. 77 and the amount of those fees retained under
subd. 1. for expenditures related to the KRM commuter rail line, including planning, construction, maintenance, operations, and engineering expenditures.
59.58(7)(f)1.1. The authority may issue bonds, the principal and interest on which are payable exclusively from all or a portion of any revenues received by the authority. The authority may secure its bonds by a pledge of any income or revenues from any operations, rent, aids, grants, subsidies, contributions, or other source of moneys whatsoever.
59.58(7)(f)2.
2. The authority may issue bonds in an aggregate principal amount not to exceed $50,000,000, excluding bonds issued to refund outstanding bonds issued under this subdivision, for the purpose of providing funds for the anticipated local funding share required for initiating KRM commuter rail line service.
59.58(7)(f)3.
3. Neither the authority's board of directors nor any person executing the bonds is personally liable on the bonds by reason of the issuance of the bonds.
59.58(7)(f)4.
4. The bonds of the authority are not a debt of the counties that comprise the authority. Neither these counties nor the state are liable for the payment of the bonds. The bonds of the authority shall be payable only out of funds or properties of the authority. The bonds of the authority shall state the restrictions contained in this subdivision on the face of the bonds.
59.58(7)(f)5.
5. Bonds of the authority shall be authorized by resolution of the authority's board of directors. The bonds may be issued under such a resolution or under a trust indenture or other security instrument. The bonds may be issued in one or more series and may be in the form of coupon bonds or registered bonds under
s. 67.09. The bonds shall bear the dates, mature at the times, bear interest at the rates, be in the denominations, have the rank or priority, be executed in the manner, be payable in the medium of payment and at the places, and be subject to the terms of redemption, with or without premium, as the resolution, trust indenture, or other security instrument provides. Bonds of the authority are issued for an essential public and governmental purpose and are public instrumentalities and, together with interest and income, are exempt from taxes. The authority may sell the bonds at public or private sales at the price or prices determined by the authority. If a member of the authority's board of directors whose signature appears on any bonds or coupons ceases to be a member of the authority's board of directors before the delivery of such obligations, the member's signature shall, nevertheless, be valid for all purposes as if the member had remained a member until delivery of the bonds.
59.58(7)(f)6.
6. The authority may issue refunding bonds for the purpose of paying any of its bonds at or prior to maturity or upon acceleration or redemption. The authority may issue refunding bonds at such time prior to the maturity or redemption of the refunded bonds as the authority deems to be in the public interest. The refunding bonds may be issued in sufficient amounts to pay or provide the principal of the bonds being refunded, together with any redemption premium on the bonds, any interest accrued or to accrue to the date of payment of the bonds, the expenses of issue of the refunding bonds, the expenses of redeeming the bonds being refunded, and such reserves for debt service or other capital or current expenses from the proceeds of such refunding bonds as may be required by the resolution, trust indenture, or other security instruments. To the extent applicable, refunding bonds are subject to
subd. 5.
59.58(7)(g)
(g) All moneys transferred under
s. 59.58 (6) (cg) shall be used by the authority to assist in the planning of the KRM commuter rail line project.
59.58(7)(h)
(h) The authority's powers shall be limited to those specified in this subsection.
59.58(7)(i)
(i) The authority is the only entity in the counties of Milwaukee, Racine, and Kenosha that may submit an application to the federal transit administration in the U.S. department of transportation under the federal new starts grant program for funding for the KRM commuter rail line.
59.58(7)(j)
(j) The operator of any transit system in Kenosha County or Racine County receiving funding under
s. 85.20, shall provide copies of all of their annual and long-term transit plans to the southeastern regional transit authority as these plans become available.
59.58 Annotation
Section 59.968 (3) [now s. 59.58 (3) (c)] authorizes a county to subsidize a bus company operating a route principally located within the county, even though the route is only 5% of the company's total business. 65 Atty. Gen. 191.
FINANCE AND BUDGET
59.60
59.60
Budgetary procedure in certain counties. 59.60(1)(1)
Application. The provisions of this section shall apply to all counties with a population of 500,000 or more. Except as provided in
sub. (13), any county with a county executive or county administrator may elect to be subject to the provisions of this section.
59.60(2)
(2) Definitions. In this section:
59.60(2)(a)
(a) "Department" includes all county departments, boards, commissions, institutions, offices, and other agencies of the county government for which funds may be legally appropriated.
59.60(2)(b)
(b) "Director" means the director of the county department of administration.
59.60(3)
(3) Fiscal year. The fiscal year in every county is the calendar year.
59.60(3m)
(3m) 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.
59.60(4)
(4) Submission of annual budget requests. On or before the date that the director specifies, but not later than July 15, each department shall annually submit to the director in the form that the director specifies:
59.60(4)(a)
(a) The department's estimated revenues and expenditures for the ensuing fiscal year.
59.60(4)(b)
(b) The estimated cost of any capital improvements pending or proposed for the ensuing fiscal year and for the next 4 fiscal years.
59.60(4)(c)
(c) Any other information that the director requests.
59.60(5)
(5) Compilation of budget requests. Not later than August 15 of each year, the director shall submit to the county executive or county administrator and to the board:
59.60(5)(a)
(a) The annual budget estimates of each department.
59.60(5)(b)
(b) A statement of principal and interest becoming due on outstanding bonds and on other financial obligations.
59.60(5)(c)
(c) An estimate of all other expenditures, including proposed expenditures on capital improvements that are not financed by bonds.
59.60(5)(d)
(d) An estimate of anticipated issues of new bond obligations during the ensuing fiscal year, plus a statement of the funds required for maturities and interest payments on these issues.
59.60(5)(e)
(e) An estimate of funds required as an appropriation for contingencies.
59.60(5)(f)
(f) An estimate of revenue from all other sources.
59.60(5)(g)
(g) A complete summary of all the budget estimates and a statement of the property tax levy required if funds were appropriated on the basis of these estimates. In determining the property tax levy required, the director shall deduct from the total estimated expenditures the estimated amount of revenue from sources other than the property tax levy and shall deduct the amount of any surplus at the close of the preceding fiscal year not yet appropriated. The board, by two-thirds vote, may adopt a resolution before the adoption of the tax levy authorizing the use of the surplus fund in whole or in part as a sinking fund for the redemption or repurchase of bonds or to provide funds for emergency needs under
sub. (9), but for no other purposes, except as provided in
sub. (13).
59.60(6)(a)(a) The county executive or county administrator shall review the estimates of expenditures and revenues and hold public hearings on such estimates at which the head or a representative of every county department shall appear and give information with regard to the appropriations requested, including work programs, other justification of expenditures, and other data that the county executive or county administrator requests. The county executive or county administrator shall make changes in the proposed budget that in the executive's or administrator's discretion are considered desirable or proper.
59.60(6)(b)
(b) On or before October 1, and after the hearings required under
par. (a), the county executive or county administrator shall submit the amended proposed budget to the board. The amended proposed budget shall be the executive's or administrator's budget and shall include all of the following:
59.60(6)(b)1.
1. A simple, clear, general summary of the detailed contents of the budget.
59.60(6)(b)2.
2. A comparative statement by organization unit and principal object of expenditure showing the actual expenditures of the preceding fiscal year, the appropriations and estimated expenditures for the fiscal year currently ending, and the recommended appropriations for the fiscal year next succeeding.
59.60(6)(b)3.
3. A comparative statement of the actual revenues from all sources including property taxes during the preceding fiscal year, the anticipated revenues and the estimated revenues for the fiscal year currently ending, and the anticipated revenues for the fiscal year next succeeding including any surplus from the preceding fiscal year not otherwise appropriated under
sub. (9).
59.60(6)(c)
(c) The anticipated revenues for the fiscal year next succeeding shall be equal in amount to the recommended appropriations.
59.60(6)(d)
(d) The executive's or administrator's budget shall be accompanied by a message prepared by the county executive or county administrator which shall outline the important features of the budget plan and indicate any major changes in policy or in recommended appropriations or revenues as compared with the fiscal year currently ending, and shall set forth the reasons for such changes.
59.60(7)
(7) 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, in the 2 daily newspapers having the largest circulation in the county, 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, but not later than the first Monday in November of each year 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 citizens 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. When so adopted, the sums provided shall, subject to the provisions of
sub. (8), constitute legal appropriations and anticipated revenues for the ensuing year.
59.60(7m)
(7m) Publication of budget summary. Notwithstanding
sub. (1), this subsection applies to all counties with a population of 500,000 or more. Any such county shall publish, in the same manner as the summary that may be published under
sub. (7), a summary that includes all of the following:
59.60(7m)(a)
(a) The total amount of budgeted expenditures for the current year.
59.60(7m)(b)
(b) The proposed amount of total expenditures and the percentage change compared to the amount in
par. (a).
59.60(7m)(c)
(c) The property tax levy for the current year.
59.60(7m)(d)
(d) The proposed property tax levy and the percentage change compared to the amount in
par. (c).
59.60(8)
(8) Transfers of appropriations. 59.60(8)(a)(a) At the request of the head of any department, and after receiving the recommendation of the county executive or county administrator, the finance committee may, 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 the county executive or county administrator fails to make a recommendation within 10 days after the submission of a request for transfer, the finance committee may act upon the request without his or her recommendation. 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.
59.60(8)(b)
(b) Except as provided under
sub. (9), the board, upon the recommendation of the finance committee and by resolution adopted by a majority of the members present and voting at any meeting, may transfer any unencumbered appropriation balance or portion thereof from one department or account to another at any time during the following:
59.60(8)(b)1.
1. The first 9 months of the fiscal year, if another unit of government fails to appropriate moneys which the board anticipated and appropriated to that department or account when the board adopted the budget. The amount of money transferred under this subdivision may not exceed the amount of money which that other unit of government fails to appropriate.
59.60(8)(c)
(c) Paragraph (b) does not apply to an appropriation which is irrepealable by law.
59.60(9)
(9) Appropriations, supplemental and emergency. 59.60(9)(a)(a) At the request of the head of any department and after review and recommendation by the finance committee, the board, by resolution adopted by a vote of two-thirds of the members-elect of the board, may transfer from the contingency appropriation into any other appropriation or create a new appropriation for any legal county purpose if any unforeseen condition requires an appropriation of funds during the budget year. The board may make supplemental appropriations for the year up to the amount of the additional revenue and surplus so certified to meet a public emergency affecting life, health, property or the public welfare, if the director certifies that any of the following funds are available for appropriation:
59.60(9)(a)1.
1. Revenues that are received from sources not anticipated in the budget that year.
59.60(9)(a)2.
2. Revenues that are received that exceed budget estimates.
59.60(9)(a)3.
3. Unappropriated surplus funds from the preceding fiscal year.
59.60(9)(b)
(b) An appropriation under
par. (a) may be made only by resolution adopted by a vote of two-thirds of the members-elect of the board. To the extent that unappropriated funds or realized revenues in excess of anticipated revenues are unavailable to meet the emergency, the board may, by resolution adopted by three-fourths of the members-elect, issue tax anticipation notes under
s. 67.12. Notice of intent to make supplemental appropriations from revenues or surplus or to issue tax anticipation notes shall be published as a class 1 notice, under
ch. 985, in the 2 daily newspapers having the largest circulation in the county, not less than 6 days prior to the hearings before the finance committee of the board in regard to these matters.
59.60(10)
(10) Ordinance increasing salaries; new positions; when effective. No ordinance or resolution authorizing the creation of new or additional positions or increasing salaries shall become effective in any fiscal year until an appropriation of funds for such purpose is made or the ordinance or resolution contains a provision for the transfer of funds if required. All such ordinances or resolutions which do not require an appropriation or transfer of funds shall state therein the specific account or accounts in which funds are available for such purposes.
59.60(11)
(11) Lapse of appropriations. Every appropriation excepting an appropriation for a capital expenditure, or a major repair, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An appropriation for a capital expenditure or a major repair shall continue in force until the purpose for which it was made has been accomplished or abandoned. The purpose of such appropriation for any capital expenditure or a major repair shall be considered abandoned if 3 years pass without any expenditure from, or encumbrance of, the appropriation concerned.
59.60(12)
(12) Payments and obligations prohibited; certifications; penalties. No payment may be authorized or made and no obligation incurred against the county unless the county has sufficient appropriations for payment. 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. 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 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.
59.60(13)(a)(a) Notwithstanding
sub. (1), only a county with a population of at least 500,000 may create a tax stabilization fund under this subsection.
59.60(13)(b)
(b) The board of a county described in
par. (a) may enact an ordinance creating a tax stabilization fund in the county. If such fund is created under this paragraph, the following amounts, if positive, shall be deposited into the tax stabilization fund:
59.60(13)(b)1.
1. The amount determined by subtracting the estimated nonproperty tax revenues collected by the county in the prior year from the corresponding actual receipts for the prior year, as determined by the comptroller not later than April 15 of each year.
59.60(13)(b)2.
2. The amount determined by subtracting total adjusted operating budget appropriations for the prior year from total expenditures, commitments, and reserves for the prior year, as determined by the comptroller not later than April 15 of each year.
59.60(13)(b)3.
3. Any general surplus balance as of December 31 of the prior year, as determined by the comptroller not later than April 15 of each year.
59.60(13)(b)4.
4. Any amounts included in the county's property tax levy that are designated for deposit in the fund.
59.60(13)(c)
(c) Subject to
par. (d), the board may withdraw amounts from the tax stabilization fund, by a three-quarters vote of the members-elect, or by a majority vote of the members-elect if the county's total levy rate, as defined in
s. 59.605 (1) (g), is projected by the board to increase by more than 3% in the current fiscal year and the withdrawn funds would prevent an increase of more than 3%.
59.60(13)(d)
(d) The tax stabilization fund may not be used to offset any of the following:
59.60(13)(d)1.
1. Any deficit that occurs between the board's total estimated nonproperty tax revenue, and the total actual nonproperty tax revenue.
59.60(13)(d)2.
2. Any deficit that occurs between total appropriations and total expenditures.
59.60(13)(e)
(e) If the uncommitted balance in the tax stabilization fund exceeds 5% of the current year's budget that is under the board's control, as of June 1 of the current year, any amount that exceeds that 5% shall be used to reduce the county's next property tax levy.
59.60 Cross-reference
Cross-reference: See s.
65.90 for budget procedure in counties other than Milwaukee.
59.605
59.605
Tax levy rate limit. 59.605(1)(a)
(a) "Debt levy" means the county purpose levy for debt service on loans under
subch. II of ch. 24, bonds issued under
s. 67.05, promissory notes issued under
s. 67.12 (12), and appropriation bonds issued under
s. 59.85, less any revenues that abate the levy.
59.605(1)(b)
(b) "Debt levy rate" means the debt levy divided by the equalized value of the county exclusive of any tax incremental district value increment.
59.605(1)(c)
(c) "Excess over the limit" means the amount of revenue received by a county that results from the county exceeding the limit under
sub. (2).
59.605(1)(d)
(d) "Operating levy" means the county purpose levy, less the debt levy.
