2019 - 2020 LEGISLATURE

2019 Assembly BILL 193

April 25, 2019 - Introduced by Representatives Gundrum, Brooks, Brandtjen, Duchow, Edming, Felzkowski, Horlacher, Katsma, Kerkman, Knodl, Kulp, Loudenbeck, Macco, Quinn, Ramthun, Sanfelippo, Skowronski, Sortwell, Spiros, Steffen, Thiesfeldt and Tusler, cosponsored by Senators Kooyenga, Kapenga, Bewley, Cowles, Olsen and Stroebel. Referred to Committee on Local Government.

AB193,1,12 An Act to renumber 59.60 (2) (a); to amend 59.53 (6) (a) 2., 59.54 (27) (a), 59.60 (4) (intro.), 59.60 (4) (a), 59.60 (4) (b), 59.60 (5) (intro.), 59.60 (5) (a), 59.60 (6) (b) 2., 59.60 (6) (b) 3., 59.60 (6) (c), 59.60 (7), 59.60 (8) (a), 59.60 (10), 65.01, 65.02 (5) (intro.), 65.02 (6) (a), 65.02 (6) (b) (intro.), 65.02 (8) (intro.), 65.02 (10), 65.02 (11), 65.03 (1), 65.04 (1), 65.04 (2), 65.04 (4), 65.04 (5), 65.05 (4), 65.05 (5), 65.05 (8), 65.05 (9), 65.06 (1), 65.06 (5) (intro.), 65.06 (14), 65.06 (15), 65.20 (1) (a), 65.20 (1) (b), 65.20 (1) (c), 65.20 (1) (d), 65.20 (1) (e), 65.20 (1) (g), 65.20 (1) (h), 65.90 (1), 65.90 (2), 65.90 (3) (a) (intro.), 65.90 (3) (a) 1., 65.90 (3) (b) (intro.), 65.90 (3) (bm), 65.90 (4), 65.90 (5) (a), 65.90 (5) (b) and 65.90 (6) (intro.); and to create 59.60 (2) (ae), 59.60 (3s), 65.02 (5m), 65.025, 65.90 (1m) and 65.90 (5) (c) of the statutes; relating to: authorizing a biennial budget procedure for political subdivisions.

Analysis by the Legislative Reference Bureau

This bill authorizes political subdivisions to adopt and use a biennial budgetary procedure. The bill applies to cities, including a first class city (presently only Milwaukee), villages, towns, and counties. If a political subdivision decides to adopt a biennial budget, it must adopt the budget in an odd-numbered year. Generally, a political subdivision that adopts such a budget must follow the same current law procedures regarding public hearings, the contents of budget summaries, and information regarding expected revenues and expenditures that it would be required to follow if it adopted an annual budget. A political subdivision that adopts a biennial budget procedure may decide to return to adopting an annual budget procedure.

Current law specifies a particular annual budgetary procedure that is required for counties with a population of 750,000 or more, although current law authorizes any other county with a county executive or county administrator to use those particular procedures as well. Under the bill, such larger counties may also adopt a biennial budget, and may return to an annual budget. Similarly, current law also specifies a particular budget procedure for first class cities, which other cities may also use. Current law also authorizes a first class city to adopt an executive budget system, under which the mayor performs budget preparation functions otherwise performed by the city's board of estimates. Under the bill, any first class city may use the biennial budget process as its budget method.

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:

AB193,1 Section 1 . 59.53 (6) (a) 2. of the statutes is amended to read:

AB193,3,2 59.53 (6) (a) 2. If on June 1, 1989, a county has 1.0 or more full-time equivalent attorney positions that have primary responsibility for handling cases described in par. (b), as determined by the district attorney of the prosecutorial unit, the county shall establish and maintain a support enforcement office consisting of support enforcement attorneys and office personnel. In counties having a population of less than 750,000, a county budget under s. 65.90 shall list the proposed appropriation under s. 65.90 (2) for the support enforcement office separate from any other office, department or activity. In counties having a population of 750,000 or more, a county budget shall treat a support enforcement office as a department, as defined in s. 59.60 (2) (a) (as), separate from all other departments, and administered by the county executive. If a county ceases to employ 1.0 or more full-time equivalent attorney positions in the office, the county may provide support enforcement under subd. 1.

AB193,2 Section 2 . 59.54 (27) (a) of the statutes is amended to read:

AB193,3,5 59.54 (27) (a) Definition. In this subsection, “board" includes any department, as defined in s. 59.60 (2) (a) (as).

AB193,3 Section 3 . 59.60 (2) (a) of the statutes is renumbered 59.60 (2) (as).

AB193,4 Section 4 . 59.60 (2) (ae) of the statutes is created to read:

AB193,3,11 59.60 (2) (ae) “Budget period” means 2 consecutive fiscal years covered by a biennial budget adopted by a county that has acted under sub. (3s), or an annual budget for any other county that has not acted to adopt a biennial budget under sub. (3s).

AB193,5 Section 5 . 59.60 (3s) of the statutes is created to read:

AB193,3,18 59.60 (3s) Biennial budget procedures. (a) A county with a population of 750,000 or more may adopt a biennial budget by implementing the procedures under this subsection and using the procedures under this section. If a county chooses to adopt a biennial budget, it shall adopt such a budget in an odd-numbered year for the next 2 fiscal years that follow immediately the year in which the budget is adopted.

AB193,3,22 (b) For a county to proceed under this subsection, the board must adopt a resolution or enact an ordinance stating its intent to adopt a biennial budget. Once a resolution is adopted or an ordinance is enacted, such an action takes effect, and may not be reconsidered or repealed, except as provided in par. (c).

AB193,4,2 (c) A board that has adopted a biennial budget procedure as provided in this subsection may return to the use of an annual budget procedure if the board, by a two-thirds majority vote, adopts a resolution or enacts an ordinance stating its intent to adopt an annual budget.

AB193,4,4 (d) A board or a committee authorized by the board may, at any time, decrease appropriation amounts in a biennial budget.

AB193,4,7 (e) In October or November of an even-numbered year, the board may change any appropriation or revenue amount in relation to the 2nd year of the biennial budget by a simple majority vote of the members-elect.

AB193,6 Section 6 . 59.60 (4) (intro.) of the statutes is amended to read: