(9) Use of moneys.
Unless otherwise provided by law or ordinance, if a local governmental unit has funding designated for operating and capital expenditures, the local governmental unit may use moneys designated for operating or capital expenditures to make payments under any performance contract, including installment payments or payments under lease-purchase agreements.
(10) Monitoring; reports.
During the entire term of each performance contract, the qualified provider entering into the contract shall monitor the reductions in energy consumption and cost savings attributable to the energy conservation and facility improvement measures installed under the contract, and shall periodically prepare and provide a report to the local governmental unit entering into the contract documenting the reductions in energy consumption and cost savings to the local governmental unit.
(11) Energy conservation measures.
Energy conservation measures under this section may include the following:
Insulation of a building structure or systems within a building.
Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption.
Automated or computerized energy control and facility management systems or computerized maintenance management systems.
Heating, ventilating or air conditioning system modifications or replacements.
Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made.
Cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings.
Any other facility improvement measure that is designed to provide long-term energy or operating cost reductions or compliance with state or local building codes.
History: 1995 a. 27
; 1999 a. 150
; Stats. 1999 s. 66.0133; 2009 a. 173
Interest on late payments. 66.0135(1)(a)
"Agency" means any office, department, board, commission or other body under the control of the governing body of a local governmental unit which expends moneys or incurs obligations on behalf of the local governmental unit.
"Good faith dispute" means any of the following:
A contention by an agency, principal contractor or subcontractor that goods delivered or services rendered were of a lesser quantity or quality than ordered or specified by contract, were faulty or were installed improperly.
Any other reason giving cause for the withholding of payment by an agency, principal contractor or subcontractor until the dispute is settled.
"Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
(2) Interest payable to principal contractors. 66.0135(2)(a)(a)
Except as provided in sub. (4)
or as otherwise specifically provided, an agency that does not pay timely the amount due on an order or contract shall pay interest on the balance due from the 31st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, or, if the agency does not comply with sub. (7)
, from the 31st day after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a)
For the purposes of par. (a)
, a payment is timely if the payment is mailed, delivered or transferred by the later of the following:
The date specified on a properly completed invoice for the amount specified in the order or contract.
Within 30 days after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, or, if the agency does not comply with sub. (7)
, within 30 days after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later.
(3) Interest payable to subcontractors. 66.0135(3)(a)(a)
Except as provided in sub. (4) (e)
or as otherwise specifically provided, principal contractors that engage subcontractors to perform part of the work on an order or contract from an agency shall pay subcontractors for satisfactory work in a timely fashion. A payment is timely if it is mailed, delivered or transferred to the subcontractor no later than 7 days after the principal contractor's receipt of any payment from the agency.
If a subcontractor is not paid in a timely fashion, the principal contractor shall pay interest on the balance due from the 8th day after the principal contractor's receipt of any payment from the agency, at the rate specified in s. 71.82 (1) (a)
Subcontractors receiving payment under this subsection shall pay lower-tier subcontractors, and be liable for interest on late payments, in the same manner as principal contractors are required to pay subcontractors in pars. (a)
(4) Exceptions. Subsection (2)
does not apply to any of the following:
Any portion of an order or contract for which the payment, from federal moneys, has not been received.
An order or contract that is subject to late payment interest or another late payment charge required by another law or rule specifically authorized by law.
An order or contract between 2 or more agencies of the same local governmental unit.
An order or contract which provides for the time of payment and the consequences of nontimely payment, if any deviation from the deadlines established in sub. (2)
appears in the original bid or proposal.
An order or contract under which the amount due is subject to a good faith dispute if, before the date on which payment is not timely, notice of the dispute is sent by 1st class mail, personally delivered or sent in accordance with the procedure specified in the order or contract.
(5) Appropriation from which paid.
An agency that pays interest under this section shall pay the interest only from the appropriation for administration of the program under which the order or contract was made or entered into, unless otherwise directed by the governing body of the local governmental unit.
(6) Attorney fees.
Notwithstanding s. 814.04 (1)
, in an action to recover interest due under this section, the court shall award the prevailing party reasonable attorney fees.
(7) Improper invoices.
If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason that it is improperly completed.
History: 1989 a. 233
; 1999 a. 150
; Stats. 1999 s. 66.0135.
Provision of insurance. 66.0137(1)(ae)
"Local governmental unit" means a municipality, county, school district (as enumerated in s. 67.01 (5)
), sewerage district, drainage district, and, without limitation because of enumeration, any other political subdivision of the state.
"Municipality" means any city, village, or town.
(2) Liability and worker's compensation insurance.
The state or a local governmental unit may procure risk management services and liability insurance covering the state or local governmental unit and its officers, agents and employees and worker's compensation insurance covering officers and employees of the state or local governmental unit. A local governmental unit may participate in and pay the cost of risk management services and liability and worker's compensation insurance through a municipal insurance mutual organized under s. 611.23
(3) Health insurance for unemployed persons.
Any municipality or county may purchase health or dental insurance for unemployed persons residing in the municipality or county who are not eligible for medical assistance under s. 49.46
, or 49.471 (4) (a)
(4) Self-insured health plans.
If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d)
, 631.93 (2)
, 632.746 (10) (a) 2.
and (b) 2.
, 632.747 (3)
, 632.87 (4)
, and (6)
, 632.895 (9)
, and 767.513 (4)
In this subsection, "political subdivision" means a city, village, town, or county.
A political subdivision and one or more other political subdivisions, that together have at least 100 employees, may jointly provide health care benefits to their officers and employees on a self insured basis.
(5) Hospital, accident and life insurance. 66.0137(5)(a)(a)
In this subsection, "local governmental unit" includes the school district operating under ch. 119
The state or a local governmental unit may provide for the payment of premiums for hospital, surgical and other health and accident insurance and life insurance for employees and officers, their spouses and dependent children, and their domestic partners under ch. 770
and dependent children. A local governmental unit may also provide for the payment of premiums for hospital and surgical care for its retired employees. In addition, a local governmental unit may, by ordinance or resolution, elect to offer to all of its employees a health care coverage plan through a program offered by the group insurance board under ch. 40
. A local governmental unit that elects to participate under s. 40.51 (7)
is subject to the applicable sections of ch. 40
instead of this subsection.
Except as provided in subds. 2.
, if a municipality provides for the payment of premiums for hospital, surgical, and other health insurance for its fire fighters, it shall continue to pay such premiums for the surviving spouse and dependent children of a fire fighter who dies in the line of duty.
A municipality may not be required to pay the premiums described in subd. 1.
for a surviving spouse upon the remarriage of the surviving spouse or upon the surviving spouse reaching the age of 65.
An individual is not a dependent child for the purposes of subd. 1.
after the individual reaches the age of 18 unless one of the following applies:
The individual is a full-time or part-time student in an accredited college or university, except that this subd. 3. b.
does not apply to such an individual after the close of the calendar year in which the individual reaches the age of 27.
History: 1999 a. 9
; 1999 a. 150
; Stats. 1999 s. 66.0137; 1999 a. 186
; 2001 a. 16
; 2005 a. 194
; 2005 a. 443
; 2007 a. 20
; 2009 a. 14
; 2011 a. 260
Section 66.185 [now sub. (5)] does not prohibit providing health insurance benefits to persons not listed in the statute if authority is granted by other statutes. Sections 120.12, 120.13, and 120.44, broadly construed as required by s. 118.001, grant broad powers, including that of providing insurance to persons not listed in this section. Pritchard v. Madison Metropolitan School District, 2001 WI App 62
, 242 Wis. 2d 301
, 625 N.W.2d 613
This section authorizes the purchase of liability insurance for state officers, agents, and employees for errors or omissions in carrying out the responsibility of their governmental positions. 58 Atty. Gen. 150.
Disposal of abandoned property. 66.0139(1)
In this section, "political subdivision" means a city, village, town or county.
A political subdivision may dispose of any personal property which has been abandoned, or remained unclaimed for a period of 30 days, after the taking of possession of the property by an officer of the political subdivision by any means determined to be in the best interest of the political subdivision. If the property is not disposed of in a sale open to the public, the political subdivision shall maintain an inventory of the property, a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. The inventory shall be kept as a public record for a period of not less than 2 years from the date of disposal of the property. Any means of disposal other than public auction shall be specified by ordinance. If the disposal is in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the treasury of the political subdivision.
A political subdivision may safely dispose of abandoned or unclaimed flammable, explosive, or incendiary substances, materials, or devices that pose a danger to life or property in their storage, transportation, or use immediately after taking possession of the substances, materials, or devices without a public auction. The political subdivision, by ordinance or resolution, may establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances, materials, or devices that have a commercial value in normal business usage and do not pose an immediate threat to life or property. If enacted, a disposal procedure shall include a presumption that if the substance, material, or device appears to be or is reported stolen, an attempt will be made to return the substance, material, or device to the rightful owner.
Except as provided in s. 968.20 (3)
, a 1st class city shall dispose of abandoned or unclaimed dangerous weapons or ammunition without a public auction 12 months after taking possession of them if the owner has not requested their return. Disposal procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, a disposal procedure shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the rightful owner. The dangerous weapons or ammunition are subject to sub. (5)
A political subdivision may retain or dispose of any abandoned, unclaimed or seized dangerous weapon or ammunition only under s. 968.20
Accident record systems.
Every city, village and town having a population of 5,000 or more shall maintain a traffic accident record system whereby traffic accidents occurring within the city, village or town may be located within 100 feet of the occurrence and shall provide a copy of the record quarterly to the county traffic safety commission under s. 83.013 (1) (a)
History: 1975 c. 381
; 1983 a. 291
; 1993 a. 246
; 1999 a. 150
; Stats. 1999 s. 66.0141.
Local appeals for exemption from state mandates. 66.0143(1)(a)
"Political subdivision" means a city, village, town, or county.
"State mandate" means a state law that requires a political subdivision to engage in an activity or provide a service, or to increase the level of its activities or services.
A political subdivision may file a request with the department of revenue for a waiver from a state mandate, except for a state mandate that is related to any of the following:
An administrative agency, or the department of revenue, may grant a political subdivision a waiver from a state mandate as provided in par. (c)
The political subdivision shall specify in its request for a waiver its reason for requesting the waiver. Upon receipt of a request for a waiver, the department of revenue shall forward the request to the administrative agency that is responsible for administrating the state mandate. The agency shall determine whether to grant the waiver and shall notify the political subdivision and the department of revenue of its decision in writing. If no agency is responsible for administrating the state mandate, the department of revenue shall determine whether to grant the waiver and shall notify the political subdivision of its decision in writing.
(3) Duration of waivers.
A waiver is effective for 4 years. The administrative agency may renew the waiver for additional 4-year periods. If a waiver is granted by the department of revenue, the department may renew the waiver under this subsection.
By July 1, 2004, the department of revenue shall submit a report to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3)
. The report shall specify the number of waivers requested under this section, a description of each waiver request, the reason given for each waiver request, and the financial effects on the political subdivision of each waiver that was granted.
History: 2001 a. 109
; 2003 a. 321
INCORPORATION; MUNICIPAL BOUNDARIES
Incorporation of villages and cities; purpose and definitions.