66.0235 (5) Apportionment board. The boards or councils of the local governmental units, or committees selected for that purpose, acting together, constitute an apportionment board. When a local governmental unit is dissolved because all of its territory is transferred the board or council of the local governmental unit existing at the time of dissolution shall, for the purpose of this section, continue to exist as the governing body of the local governmental unit until there has been an apportionment of assets by agreement of the interested local governmental units or by an order of the circuit court. After an agreement for apportionment of assets has been entered into between the interested local governmental units, or an order of the circuit court becomes final, a copy of the apportionment agreement, or of the order, certified to by the clerks of the interested local governmental units, shall be filed with the department of revenue, the department of natural resources, the department of transportation, the state superintendent of public instruction, the department of administration, and with any other department or agency of the state from which the town may be entitled by law to receive funds or certifications or orders relating to the distribution or disbursement of funds, with the county treasurer, with the treasurer of any local governmental unit, or with any other entity from which payment would have become due if the dissolved local governmental unit had continued in existence. Subject to ss. 79.006 and 86.303 (4), payments from the shared revenue account made pursuant to ch. 79, payments of forest crop taxes under s. 77.05, of transportation aids under s. 20.395, of state aids for school purposes under ch. 121, payments for managed forest land under subch. VI of ch. 77 and all payments due from a department or agency of the state, from a county, from a local governmental unit, or from any other entity from which payments would have become due if the dissolved local governmental unit had continued in existence, shall be paid to the interested local governmental unit as provided by the agreement for apportionment of assets or by any order of apportionment by the circuit court and the payments have the same force and effect as if made to the dissolved local governmental unit.
32,1720b
Section 1720b. 66.0301 (1) (a) of the statutes is amended to read:
66.0301 (1) (a) Except as provided in pars. (b) and (c), in this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229, transit authority created under s. 66.1039, long-term care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district, regional planning commission, housing authority created under s. 66.1201, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or city-county health department.
32,1720d
Section 1720d. 66.0304 (1) (b) of the statutes is amended to read:
66.0304 (1) (b) "Bond" means any bond, note or other obligation of a commission issued or entered into under this section, including any refunding bond or certificate of participation or lease-purchase, installment sale, or other financing agreement.
32,1720e
Section 1720e. 66.0304 (1) (e) of the statutes is amended to read:
66.0304 (1) (e) "Participant" means any public or private entity or unincorporated association, including a federally recognized Indian tribe or band, that contracts with a commission for the purpose of financing or refinancing a project that is owned, sponsored, or controlled by the public or private entity or unincorporated association.
32,1720f
Section 1720f. 66.0304 (1) (f) of the statutes is amended to read:
66.0304 (1) (f) "Political subdivision" means any city, village, town, or county in this state or any city, village, town, county, district, office, department, authority, agency, commission, or other similar governmental entity in another state or territory of the United States.
32,1720h
Section 1720h. 66.0304 (4) (i) of the statutes is amended to read:
66.0304 (4) (i) Make loans to, lease property from or to, or enter into any other kind of an agreement with a participant or other entity, in connection with financing or refinancing a project.
32,1720i
Section 1720i. 66.0304 (4) (k) of the statutes is amended to read:
66.0304 (4) (k) Assign or pledge any portion of its interests in projects, mortgages, deeds of trust, indentures of mortgage or trust, leases, purchase or sale agreements or other financing agreements, or similar instruments, bonds, notes, and security interests in property, of a participant, or contracts entered into or acquired in connection with bonds.
32,1720j
Section 1720j. 66.0304 (4) (p) of the statutes is amended to read:
66.0304 (4) (p) Purchase bonds issued by or on behalf of, or held by, any participant, the state or a department, authority, or agency of the state, or any political subdivision. Bonds purchased under this paragraph may be held by the commission or sold, in whole or in part, separately or together with other bonds issued by the commission.
32,1720L
Section 1720L. 66.0304 (5) (am) of the statutes is created to read:
66.0304 (5) (am) Notwithstanding par. (a), as an alternative to specifying the matters required to be specified in the bond resolution under par. (a), the resolution may specify members of the board or officers or employees of the commission, by name or position, to whom the commission delegates authority to determine which of the matters under specified par. (a), and any other matters that the commission deems appropriate, for inclusion in the trust agreement, indenture, or other agreement providing for issuance of the bonds as finally executed. A resolution under this paragraph shall specify at least all of the following:
1. The maximum principal amount of bonds to be issued.
2. The maximum term of the bonds.
3. The maximum interest rate to be borne by the bonds.
32,1720m
Section 1720m. 66.0304 (5) (d) of the statutes is amended to read:
66.0304 (5) (d) The proceeds of a bond issued under this section may be used for a project in one or more projects located within or outside of this state or any other state.
32,1720p
Section 1720p. 66.0304 (11) (a) of the statutes is amended to read:
66.0304 (11) (a) A commission may not authorize issue bonds to finance a capital improvement project
in any state or territory of the United States unless a political subdivision within whose boundaries the project is to be located has approved the financing of the project. A commission may not authorize issue bonds to finance a capital improvement project in this state unless all of the political subdivisions within whose boundaries the project is to be located has approved the financing of the project. An approval under this paragraph may be made by the governing body of the political subdivision or, except for a 1st class city or a county in which a 1st class city is located, by the highest ranking executive or administrator of the political subdivision.
32,1720pm
Section 1720pm. 66.0304 (11) (c) of the statutes is amended to read:
66.0304 (11) (c) Any action brought to challenge the validity of the proposed issuance of a bond under this section, or the enforceability of a contract entered into under this section, must be commenced in circuit court within 30 days of the commission adopting a resolution authorizing the issuance of the bond or the execution of the contract.
32,1720q
Section 1720q. 66.0304 (11) (e) 1. of the statutes is repealed.
32,1720s
Section 1720s. 66.0304 (11) (e) 2. of the statutes is renumbered 66.0304 (11) (e).
32,1721
Section
1721. 66.0309 (3) (a) 3. of the statutes is repealed.
66.0506 Referendum; increase in employee wages. (1) In this section, "local governmental unit" means any city, village, town, county, metropolitan sewerage district, long-term care district, transit authority under s. 59.58 (7) or 66.1039, local cultural arts district under subch. V of ch. 229, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state.
(2) If any local governmental unit wishes to increase the total base wages of its general municipal employees, as defined in s. 111.70 (1) (fm), who are part of a collective bargaining unit under subch. IV of ch. 111, in an amount that exceeds the limit under s. 111.70 (4) (mb) 2., the governing body of the local governmental unit shall adopt a resolution to that effect. The resolution shall specify the amount by which the proposed total base wages increase will exceed the limit under s. 111.70 (4) (mb) 2. The resolution may not take effect unless it is approved in a referendum called for that purpose. The referendum shall occur in November for collective bargaining agreements that begin the following January 1. The results of a referendum apply to the total base wages only in the next collective bargaining agreement.
(3) The referendum question shall be substantially as follows: "Shall the .... [general municipal employees] in the .... [local governmental unit] receive a total increase in wages from $....[current total base wages] to $....[proposed total base wages], which is a percentage wage increase that is .... [x] percent higher than the percent of the consumer price index increase, for a total percentage increase in wages of .... [x]?"
32,1721u
Section 1721u. 66.0602 (1) (au) of the statutes is created to read:
66.0602 (1) (au) "Municipality" means a city, village, or town.
32,1722b
Section 1722b. 66.0602 (1) (d) of the statutes is renumbered 66.0602 (1) (d) (intro.) and amended to read:
66.0602 (1) (d) (intro.) "Valuation factor" means a percentage equal to the greater of either 3 percent or the percentage change in the political subdivision's January 1 equalized value due to new construction less improvements removed between the previous year and the current year. or
one of the following :
32,1722c
Section 1722c. 66.0602 (1) (d) 1. of the statutes is created to read:
66.0602 (1) (d) 1.
For the levy that is imposed in December 2011 and December 2012, zero percent.
32,1722d
Section 1722d. 66.0602 (1) (d) 2. of the statutes is created to read:
66.0602 (1) (d) 2. For the levy that is imposed in December 2013 and in every succeeding December, 1.5 percent.
32,1723
Section
1723. 66.0602 (2) of the statutes is amended to read:
66.0602 (2) Levy limit. Except as provided in subs. (3), (4), and (5), no political subdivision may increase its levy in any year by a percentage that exceeds the political subdivision's valuation factor. The base amount in any year, to which the limit under this section applies, shall be the maximum allowable actual levy for the immediately preceding year. In determining its levy in any year, a city, village, or town shall subtract any tax increment that is calculated under s. 59.57 (3) (a), 60.85 (1) (L), or 66.1105 (2) (i). The base amount in any year, to which the limit under this section applies, may not include any amount to which sub. (3) (e) 8. applies.
32,1724
Section
1724. 66.0602 (2m) of the statutes is created to read:
66.0602 (2m) Negative adjustment. If a political subdivision's levy for the payment of any general obligation debt service, including debt service on debt issued or reissued to fund or refund outstanding obligations of the political subdivision and interest on outstanding obligations of the political subdivision, on debt originally issued before July 1, 2005, is less in the current year than it was in the previous year, the political subdivision shall reduce its levy limit in the current year by an amount equal to the amount that its levy was reduced as described in this subsection. This subsection does not apply to any political subdivision that does not increase its levy increase limit as allowed under sub. (3) (f) 1.
32,1724d
Section 1724d. 66.0602 (3) (cm) of the statutes is repealed.
32,1724h
Section 1724h. 66.0602 (3) (e) 9. of the statutes is created to read:
66.0602 (3) (e) 9. The political subdivision's share of any refund or rescission determined by the department of revenue and certified under s. 74.41 (5).
32,1724k
Section 1724k. 66.0602 (3) (f) of the statutes is created to read:
66.0602 (3) (f) 1. Subject to subd. 3., if a political subdivision's allowable levy under this section in 2010 was greater than its actual levy in 2010, the levy increase limit otherwise applicable under this section to the political subdivision in 2011 is increased by the difference between these 2 amounts, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in 2010.
2. Subject to subd. 3., if a political subdivision's allowable levy under this section in 2011 was greater than its actual levy in 2011, the levy increase limit otherwise applicable under this section to the political subdivision in 2012 is increased by the difference between these 2 amounts, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in 2011.
3. The adjustment described in subds. 1. and 2. may occur only if the political subdivision's governing body approves of the adjustment by one of the following methods:
a. With regard to a city, village, or county, if the governing body consists of at least 5 members, by a three-quarters majority vote of the governing body.
b. With regard to a city, village, or county, if the governing body consists of fewer than 5 members, by a two-thirds majority vote of the governing body.
c. With a regard to a town, by a majority vote of the annual town meeting, or a special town meeting, if the town board has adopted a resolution approving of the adjustment by a two-thirds majority vote of the town board.
4. If a political subdivision's allowable levy under this section in 2012, or any year thereafter, was greater than its actual levy in that year, the levy increase limit otherwise applicable under this section to the political subdivision in the next succeeding year is increased by the difference between the prior year's allowable levy and the prior year's actual levy, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in that prior year.
32,1724p
Section 1724p. 66.0602 (3) (j) of the statutes is created to read:
66.0602 (3) (j) 1. Subject to subd. 2., if a municipality experiences a shortfall in its general fund due to a loss of revenue received by the municipality from the sale of water or another commodity to a manufacturing facility as a result of the manufacturer discontinuing operations at the facility, the limit otherwise applicable under this section may be increased by the amount that the municipality levies to make up for the revenue shortfall.
2. The maximum adjustment claimed under subd. 1. shall equal the revenue received by the municipality from the sale of water or another commodity, as described in subd. 1., in the year prior to the year in which the manufacturing facility closed. A municipality may claim the adjustment in more than one year, except that the sum of all such adjustments may not exceed the revenue loss to the municipality's general fund in the year that the manufacturer discontinues operations at the facility.
32,1725c
Section 1725c. 66.0602 (7) of the statutes is repealed.
32,1725e
Section 1725e. 66.0604 of the statutes is created to read:
66.0604 Payment of employer contributions in retirement systems. (1) In this section, "local governmental unit" has the meaning given in s. 66.0131 (1) (a).
(2) Annually, no later than December 31, each local governmental unit shall pay employer contributions into the retirement system in which its employees are participating employees an amount that is at least equal to all employee required contributions under that retirement system.
32,1725m
Section 1725m. 66.0615 (1m) (d) 7. of the statutes is created to read:
66.0615 (1m) (d) 7. Notwithstanding the provisions of subds. 1. and 2., any amount of room tax revenue that a municipality described under s. 77.994 (3) is required to spend on tourism promotion and development shall be forwarded to, and spent by, the municipality's tourism entity, unless the municipality creates a commission and forwards the revenue to the commission.
32,1727d
Section 1727d. 66.0901 (1) (bm) of the statutes is created to read:
66.0901 (1) (bm) "Political subdivision" means a city, village, town, or county.
32,1727e
Section 1727e. 66.0901 (1m) of the statutes is created to read:
66.0901 (1m) Method of bidding. (a) Except when necessary to secure federal aid, whenever a political subdivision lets a public contract by bidding, the political subdivision shall comply with all of the following:
1. The bidding shall be on the basis of sealed competitive bids.
2. The contract shall be awarded to the lowest responsible bidder.
(b) Except when necessary to secure federal aid, a political subdivision may not use a bidding method that gives preference based on the geographic location of the bidder or that uses criteria other than the lowest responsible bidder in awarding a contract.
32,1727L
Section 1727L. 66.0901 (11) of the statutes is created to read:
66.0901 (11) Limitation on performance of private construction work by political subdivisions. (a) In this subsection, "construction project" means a road, sewer, water, stormwater, wastewater, grading, parking lot, or other infrastructure-related project or the provision of construction-related services for such a project.
(b) A political subdivision may not use its own workforce to perform a construction project for which a private person is financially responsible.
32,1727m
Section 1727m. 66.0903 (1) (d) of the statutes is amended to read:
66.0903 (1) (d) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing. "Local governmental unit" includes a regional transit authority created under s. 66.1039 and the southeastern regional transit authority created under s. 59.58 (7).
32,1727mb
Section 1727mb. 66.0903 (1) (dr) of the statutes is amended to read:
66.0903 (1) (dr) "Minor service or maintenance work" means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years or that is performed for a town and is not funded under s. 86.31, regardless of projected life span; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.
32,1727mc
Section 1727mc. 66.0903 (1) (em) of the statutes is created to read:
66.0903 (1) (em) "Multiple-trade project of public works" has the meaning given in s. 103.49 (1) (br).
32,1727md
Section 1727md. 66.0903 (1) (hm) of the statutes is created to read:
66.0903 (1) (hm) "Single-trade project of public works" has the meaning given in s. 103.49 (1) (em).
32,1727me
Section 1727me. 66.0903 (1m) of the statutes is created to read:
66.0903 (1m) Statewide concern; uniformity. (a) In this subsection, "publicly funded private construction project" means a construction project in which the developer, investor, or owner of the project receives direct financial assistance from a local governmental unit for the erection, construction, repair, remodeling, demolition, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure. "Publicly funded private construction project" does not include a project of public works or a housing project involving the erection, construction, repair, remodeling, or demolition of any of the following:
1. A residential property, if the project is supported by affordable housing grants, home improvement grants, or grants from a local housing trust fund.
2. A residential property containing 4 dwelling units or less.
3. A residential property that contains retail, office, or commercial components, if the project is intended to increase the supply of affordable housing in a community.
(b) The legislature finds that the enactment of ordinances or other enactments by local governmental units requiring laborers, workers, mechanics, and truck drivers employed on projects of public works or on publicly funded private construction projects to be paid the prevailing wage rate and to be paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the prevailing hours of labor would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this section and the repeal of s. 66.0904, 2009 stats. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing uniform prevailing wage rate and prevailing hours of labor requirements throughout the state.
