66.0603(1m)(b)3.
3. A school district may invest and reinvest funds that are held in trust, other than funds held in the public employee trust fund, solely to provide any of the following benefits, in the same manner as is authorized for investments under s.
881.01:
66.0603(1m)(b)3.a.
a. Post-employment health care benefits provided either separately or through a defined benefit pension plan.
66.0603(1m)(b)3.b.
b. Other post-employment benefits provided separately from a defined benefit pension plan.
66.0603(1m)(b)4.
4. A school board may not discuss or vote on establishing a trust fund to provide the benefits described in subd.
3. unless the notice of the school board meeting at which the discussion or vote may occur includes the issue as a separate agenda item.
66.0603(1m)(b)5.
5. A city, village, town, county, drainage district, technical college district, or other governing board as defined by s.
34.01 (1) may invest and reinvest funds that are held in trust, other than funds held in the public employee trust fund, solely to provide any of the following benefits, in the same manner as is authorized for investments under s.
881.01:
66.0603(1m)(b)5.a.
a. Post-employment health care benefits provided either separately or through a defined benefit pension plan.
66.0603(1m)(b)5.b.
b. Other post-employment benefits provided separately from a defined benefit pension plan.
66.0603(1m)(b)6.
6. Funds that are held in trust to provide the benefits described in subds.
3. and
5. shall be held in a trust fund that is separate from all other trust funds created by, or under the control of, the local governmental unit.
66.0603(1m)(c)
(c) A local government, as defined under s.
25.50 (1) (d), may invest surplus funds in the local government pooled-investment fund. Cemetery care funds, including gifts where the principal is to be kept intact, may also be invested under ch.
881.
66.0603(1m)(d)
(d) A county, city, village, town, school district, drainage district, technical college district or other governing board as defined by s.
34.01 (1) may engage in financial transactions in which a public depository, as defined in s.
34.01 (5), agrees to repay funds advanced to it by the local government plus interest, if the agreement is secured by bonds or securities issued or guaranteed as to principal and interest by the federal government.
66.0603(1m)(e)
(e) Subject to s.
67.11 (2) with respect to funds on deposit in a debt service fund for general obligation promissory notes issued under s.
67.12 (12), a county having a population of 750,000 or more, or a person to whom the county has delegated investment authority under sub.
(5), may invest and reinvest in the same manner as is authorized for investments and reinvestments under s.
881.01, any of the following:
66.0603(1m)(e)2.
2. Moneys held in a fund or account, including any reserve fund, created in connection with the issuance of appropriation bonds under s.
59.85 or general obligation promissory notes under s.
67.12 (12) issued to provide funds for the payment of all or a part of the county's unfunded prior service liability.
66.0603(1m)(e)3.
3. Moneys appropriated or held by the county to pay debt service on appropriation bonds or general obligation promissory notes under s.
67.12 (12).
66.0603(1m)(e)4.
4. Moneys constituting proceeds of appropriation bonds or general obligation promissory notes described in subd.
2. that are available for investment until they are spent.
66.0603(1m)(f)
(f) Subject to s.
67.11 (2) with respect to funds on deposit in a debt service fund for general obligation promissory notes issued under s.
67.12 (12), a 1st class city, or a person to whom the city has delegated investment authority under sub.
(5), may invest and reinvest in the same manner as is authorized for investments and reinvestments under s.
881.01, any of the following:
66.0603(1m)(f)2.
2. Moneys held in a fund or account, including any reserve fund, created in connection with the issuance of appropriation bonds under s.
62.62 or general obligation promissory notes under s.
67.12 (12) issued to provide funds for the payment of all or a part of the city's unfunded prior service liability.
66.0603(1m)(f)3.
3. Moneys appropriated or held by the city to pay debt service on appropriation bonds or general obligation promissory notes under s.
67.12 (12).
66.0603(1m)(f)4.
4. Moneys constituting proceeds of appropriation bonds or general obligation promissory notes described in subd.
2. that are available for investment until they are spent.
66.0603(1m)(g)
(g) A technical college district that receives funds from participation in an auction of digital broadcast spectrum administered by the federal communications commission may hold those funds in trust and may invest and reinvest those funds in the same manner authorized for investments under s.
881.01. Funds held in trust under this paragraph may only be distributed from the trust in a manner consistent with ch.
38 and in accordance with the terms of the trust. Any trust formed pursuant to this paragraph shall be separate from any other trust created by, or under the control of, the technical college district.
66.0603(2)
(2)
Delegation of investment authority. A county, city, village, town, school district, drainage district, technical college district or other governing board, as defined in s.
34.01 (1), may delegate the investment authority over any of its funds not immediately needed to a state or national bank, or trust company, which is authorized to transact business in this state if all of the following conditions are met:
66.0603(2)(b)
(b) The governing board renews annually the investment agreement under which it delegates its investment authority, and reviews annually the performance of the institution with which its funds are invested.
66.0603(3)
(3)
Additional delegation of investment authority. 66.0603(3)(a)
(a) In addition to the authority granted under sub.
(2), a school district operating under ch.
119 may delegate the investment authority over any of its funds not immediately needed and held in trust for its qualified pension plans to an investment manager who meets the requirements and qualifications specified in the trust's investment policy and who is registered as an investment adviser under the Investment Advisers Act of 1940,
15 USC 80b-3.
66.0603(3)(b)
(b) In addition to the authority granted under sub.
(2), a school district may delegate the investment authority over the funds described under sub.
(1m) (b) 3. to an investment manager who meets the requirements and qualifications specified in the trust's investment policy and who is registered as an investment adviser under
15 USC 80b-3.
66.0603(3)(c)1.1. In addition to the authority granted under sub.
(2), a city, village, town, county, drainage district, technical college district, or other governing board as defined by s.
34.01 (1) may delegate the investment authority over the funds described under sub.
(1m) (b) 5. to an investment manager who meets the requirements and qualifications specified in the trust's investment policy and who is registered as an investment adviser under
15 USC 80b-3.
66.0603(3)(c)2.
2. If a unit of government described under subd.
1. has established a trust described in sub.
(1m) (b) 5., it shall annually publish a written report that states the amount in the trust, the investment return earned by the trust since the last report was published, the total disbursements made from the trust since the last report was published, and the name of the investment manager if investment authority has been delegated under subd.
1. 66.0603(3)(d)1.1. In addition to the authority granted under sub.
(2), a technical college district may delegate the investment authority over the funds described under sub.
(1m) (g) to an investment manager who meets the requirements and qualifications specified in the trust's investment policy and who is registered as an investment adviser under the Investment Advisers Act of 1940,
15 USC 80b-3.
66.0603(3)(d)2.
2. If a technical college district has established a trust described in sub.
(1m) (g), it shall annually publish a written report that states the amount in the trust, the investment return earned by the trust since the last report was published, the total disbursements made from the trust since the last report was published, and the name of the investment manager if investment authority has been delegated under subd.
1. 66.0603(4)
(4)
Invested fund proceeds in populous cities, use. In a 1st class city, all interest derived from invested funds held by the city treasurer in a custodial capacity on behalf of any political entity, except for pension funds, is general revenue of the city and shall revert to the city's general fund upon the approval by the political entity evidenced by a resolution adopted for that purpose.
66.0603(5)
(5)
Delegation of investment authority in connection with pension financing in populous cities and counties. The governing body of a county having a population of 750,000 or more, or a 1st class city, may delegate investment authority over any of the moneys described in sub.
(1m) (e) or
(f) to any of the following persons, which shall be responsible for the general administration and proper operation of the county's or city's employee retirement system, subject to the governing body's finding that such person has expertise in the field of investments:
66.0603(5)(a)
(a) A public board that is organized for such purpose under county or city ordinances.
66.0603(5)(b)
(b) A trustee, investment advisor, or investment banking or consulting firm.
66.0603 Cross-reference
Cross-reference: See also s.
157.50 (6) as to investment of municipal care funds.
66.0603 Annotation
Based on the plain meaning of the word “investment," the exchange of surplus county funds for U.S. gold coins would be an investment within the meaning of s. 59.61 (3). This section provides the authorized list of investments that a county can make with county funds, and the statute does not authorize an investment in U.S. gold coins.
OAG 2-13.
66.0605
66.0605
Local government audits and reports. Notwithstanding any other statute, the governing body of a county, city, village or town may require or authorize a financial audit of a municipal or county officer, department, board, commission, function or activity financed in whole or part from municipal or county funds, or if any portion of the funds are the funds of the county, city, village or town. The governing body may require submission of periodic financial reports by the officer, department, board, commission, function or activity.
66.0605 History
History: 1977 c. 29;
1999 a. 150 s.
97; Stats. 1999 s. 66.0605.
66.0607
66.0607
Withdrawal or disbursement from local treasury. 66.0607(1)(1)
Except as otherwise provided in subs.
(2) to
(5) and in s.
66.0608, in a county, city, village, town, or school district, all disbursements from the treasury shall be made by the treasurer upon the written order of the county, city, village, town, or school clerk after proper vouchers have been filed in the office of the clerk. If the statutes provide for payment by the treasurer without an order of the clerk, the clerk shall draw and deliver to the treasurer an order for the payment before or at the time that the payment is required to be made by the treasurer. This section applies to all special and general provisions of the statutes relative to the disbursement of money from the county, city, village, town, or school district treasury except s.
67.10 (2).
66.0607(2)
(2) Notwithstanding other law, a county having a population of 750,000 or more may, by ordinance, adopt any other method of allowing vouchers, disbursing funds, reconciling outstanding county orders, reconciling depository accounts, examining county orders, and accounting consistent with accepted accounting and auditing practices, if the ordinance prior to its adoption is submitted to the department of revenue, which shall submit its recommendations on the proposed ordinance to the county board of supervisors.
66.0607(3)
(3) Except as provided in subs.
(2),
(3m) and
(5), disbursements of county, city, village, town or school district funds from demand deposits shall be by draft or order check and withdrawals from savings or time deposits shall be by written transfer order. Written transfer orders may be executed only for the purpose of transferring deposits to an authorized deposit of the public depositor in the same or another authorized public depository. The transfer shall be made directly by the public depository from which the withdrawal is made. No draft or order check issued under this subsection may be released to the payee, nor is the draft or order check valid, unless signed by the clerk and treasurer. No transfer order is valid unless signed by the clerk and the treasurer. Unless otherwise directed by ordinance or resolution adopted by the governing body, a certified copy of which shall be filed with each public depository concerned, the chairperson of the county board, mayor, village president, town chairperson or school district president shall countersign all drafts or order checks and all transfer orders. The governing body may also, by ordinance or resolution, authorize additional signatures. In lieu of the personal signatures of the clerk and treasurer and any other required signature, the facsimile signature adopted by the person and approved by the governing body may be affixed to the draft, order check or transfer order. The use of a facsimile signature does not relieve an official from any liability to which the official is otherwise subject, including the unauthorized use of the facsimile signature. A public depository is fully warranted and protected in making payment on any draft or order check or transferring pursuant to a transfer order bearing a facsimile signature affixed as provided by this subsection notwithstanding that the facsimile signature may have been affixed without the authority of the designated persons.
66.0607(3m)
(3m) A county, city, village, town or school district may process periodic payments through the use of money transfer techniques, including direct deposit, electronic funds transfer and automated clearinghouse methods. The county, municipal or school district treasurer shall keep a record of the date, payee and amount of each disbursement made by a money transfer technique.
66.0607(4)
(4) Except as provided in sub.
(3m), if a board, commission or committee of a county, city, village, town or school district is vested by statute with exclusive control and management of a fund, including the audit and approval of payments from the fund, independently of the governing body, payments under this section shall be made by drafts or order checks issued by the county, city, village, town or school clerk upon the filing with the clerk of certified bills, vouchers or schedules signed by the proper officers of the board, commission or committee, giving the name of the claimant or payee, and the amount and nature of each payment.
66.0607(5)
(5) In a 1st class city, municipal disbursements of public moneys shall be by draft, order, check, order check or as provided under sub.
(3m). Checks or drafts shall be signed by the treasurer and countersigned by the comptroller. Orders shall be signed by the mayor and clerk and countersigned by the comptroller, as provided in the charter of the city. Disbursements of school moneys shall be as provided by s.
119.50.
66.0607(6)
(6) Withdrawal or disbursement of moneys deposited in a public depository as defined in s.
34.01 (5) by a treasurer as defined in s.
34.01 (7), other than the elected, appointed or acting official treasurer of a county, city, village, town or school district, shall be by endorsement, written order, draft, share draft, check or other draft signed by the person or persons designated by written authorization of the governing board as defined in s.
34.01 (1). The authorization shall conform to any statute covering the disbursement of the funds. A public depository is fully warranted and protected in making payment in accordance with the latest authorization filed with it.
66.0607(7)
(7) No order may be issued by a county, city, village, town, special purpose district, school district, cooperative education service agency or technical college district clerk in excess of funds available or appropriated for the purposes for which the order is drawn, unless authorized by a resolution adopted by the affirmative vote of two-thirds of the entire membership of the governing body.
66.0608
66.0608
Separate accounts for municipal fire, emergency medical services practitioner, and emergency medical responder volunteer funds. 66.0608(1)(am)
(am) “Emergency medical responder volunteer funds" means funds of a municipality that are raised by employees of the municipality's emergency medical responder department, by volunteers, or by donation to the emergency medical responder department, for the benefit of the municipality's emergency medical responder department.
66.0608(1)(b)
(b) “Emergency medical services practitioner volunteer funds" means funds of a municipality that are raised by employees of the municipality's emergency medical services practitioner department, by volunteers, or by donation to the emergency medical services practitioner department, for the benefit of the municipality's emergency medical services practitioner department.
66.0608(1)(c)
(c) “Fire volunteer funds" means funds of a municipality that are raised by employees of the municipality's fire department, by volunteers, or by donation to the fire department, for the benefit of the municipality's fire department.
66.0608(1)(f)
(f) “Municipality" means any city, village, or town.
66.0608(1)(h)
(h) “Volunteer funds" means emergency medical services practitioner volunteer funds, fire volunteer funds, or emergency medical responder volunteer funds.
66.0608(2)
(2)
General authority. Subject to subs.
(3) and
(4), the governing body of a municipality may enact an ordinance that does all of the following:
66.0608(2)(a)
(a) Authorizes a particular official or employee of the municipality's fire department, emergency medical services practitioner department, or emergency medical responder department to deposit volunteer funds of the department for which the individual serves as an official or employee, in an account in the name of the fire department, emergency medical services practitioner department, or emergency medical responder department, in a public depository.
66.0608(2)(b)
(b) Gives the municipality's fire department, emergency medical services practitioner department, or emergency medical responder department, through the official or employee described under par.
(a), exclusive control over the expenditure of volunteer funds of the department for which the individual serves as an official or employee in an account described under par.
(a).
66.0608(3)
(3)
Limitations, requirements. An ordinance enacted under sub.
(2) may include any of the following limitations or requirements:
66.0608(3)(a)
(a) A limit on the type and amount of funds that may be deposited into the account described under sub.
(2) (a).
66.0608(3)(b)
(b) A limit on the amount of withdrawals from the account described under sub.
(2) (a) that may be made, and a limit on the purposes for which such withdrawals may be made.
66.0608(3)(c)
(c) Reporting and audit requirements that relate to the account described under sub.
(2) (a).
66.0608(4)
(4)
Ownership of funds. Notwithstanding an ordinance enacted under sub.
(2), volunteer funds shall remain the property of the municipality until the funds are disbursed.
66.0609
66.0609
Financial procedure; alternative system of approving claims. 66.0609(1)(1)
The governing body of a village or of a city of the 2nd, 3rd or 4th class may by ordinance enact an alternative system of approving financial claims against the municipal treasury other than claims subject to s.
893.80. The ordinance shall provide that payments may be made from the city or village treasury after the comptroller or clerk of the city or village audits and approves each claim as a proper charge against the treasury, and endorses his or her approval on the claim after having determined that all of the following conditions have been complied with:
66.0609(1)(a)
(a) That funds are available for the claim pursuant to the budget approved by the governing body.
66.0609(1)(b)
(b) That the item or service covered by the claim has been duly authorized by the proper official, department head or board or commission.
66.0609(1)(c)
(c) That the item or service has been actually supplied or rendered in conformity with the authorization described in par.
(b).
66.0609(1)(d)
(d) That the claim is just and valid pursuant to law. The comptroller or clerk may require the submission of proof to support the claim as the officer considers necessary.
66.0609(2)
(2) The ordinance under sub.
(1) shall require that the clerk or comptroller file with the governing body not less than monthly a list of the claims approved, showing the date paid, name of claimant, purpose and amount.
66.0609(3)
(3) The ordinance under sub.
(1) shall require that the governing body of the city or village obtain an annual detailed audit of its financial transactions and accounts by a certified public accountant licensed or certified under ch.
442 and designated by the governing body.
66.0609(4)
(4) The system under sub.
(1) is operative only if the comptroller or clerk is covered by a fidelity bond or insurance policy of not less than $5,000 in villages and 4th class cities, of not less than $10,000 in 3rd class cities, and of not less than $20,000 in 2nd class cities, as described in s.
61.25 (intro.) or
62.09 (4) (b).
66.0609(5)
(5) If an alternative procedure is adopted by ordinance in conformity with this section, the claim procedure required by ss.
61.25 (6),
61.51,
62.09 (10),
62.11 and
62.12 and other relevant provisions, except s.
893.80, is not applicable in the city or village.
66.0611
66.0611
Political subdivisions prohibited from levying tax on incomes. No county, city, village, town, or other unit of government authorized to levy taxes may assess, levy or collect any tax on income, or measured by income, and any tax so assessed or levied is void.
66.0611 History
History: 1999 a. 150 s.
562; Stats. 1999 s. 66.0611.
66.0613
66.0613
Assessment on racing prohibited. Notwithstanding subch.
V of ch. 77, no county, town, city or village may levy or collect from any licensee, as defined in s.
562.01 (7), any fee, tax or assessment on any wager in any race, as defined in s.
562.01 (10), or on any admission to any racetrack, as defined in s.
562.01 (12), except as provided in s.
562.08.
66.0613 History
History: 1987 a. 354;
1991 a. 39;
1999 a. 150 s.
564; Stats. 1999 s. 66.0613.
66.0615
66.0615
Room tax; forfeitures.
