AB150-engrossed,1096,174
66.432
(2) Antidiscrimination housing ordinances. Political subdivisions may
5enact ordinances prohibiting discrimination in housing within their respective
6boundaries solely on the basis of an individual being a member of a protected class.
7Such an ordinance may be similar to s.
101.22 106.04 (1) to (8) or may be more
8inclusive in its terms or in respect to the different types of housing subject to its
9provisions, but any such ordinance establishing a forfeiture as a penalty for violation
10shall not be for an amount that is less than the statutory forfeitures under s.
101.22 11106.04. Such an ordinance may permit a complainant, aggrieved person or
12respondent to elect to remove the action to circuit court after a finding has been made
13that there is reasonable cause to believe that a violation of the ordinance has
14occurred. Such an ordinance may also authorize the political subdivision, at any
15time after a complaint has been filed alleging an ordinance violation, to file a
16complaint in circuit court seeking a temporary injunction or restraining order
17pending final disposition of the complaint.
AB150-engrossed,1096,2319
66.46
(2) (f) 3. Notwithstanding subd. 1., project costs may not include any
20expenditures made or estimated to be made or monetary obligations incurred or
21estimated to be incurred by the city for newly platted residential development for any
22tax incremental district for which a project plan is approved after September 30,
231995.
AB150-engrossed, s. 3330e
24Section 3330e. 66.46 (4) (h) of the statutes is renumbered 66.46 (4) (h) 1. and
25amended to read:
AB150-engrossed,1097,16
166.46
(4) (h) 1.
The Subject to subd. 2., the planning commission may at any
2time, by resolution, adopt an amendment to a project plan, which amendment shall
3be subject to approval by the local legislative body and approval of the amendment
4shall require the same findings as provided in par. (g). Any amendment to a project
5plan is also subject to review by a joint review board, acting under sub. (4m).
6Adoption of an amendment to a project plan shall be preceded by a public hearing
7held by the plan commission at which interested parties shall be afforded a
8reasonable opportunity to express their views on the amendment. Notice of the
9hearing shall be published as a class 2 notice, under ch. 985. The notice shall include
10a statement of the purpose and cost of the amendment and shall advise that a copy
11of the amendment will be provided on request. Prior to such publication, a copy of
12the notice shall be sent by 1st class mail to the chief executive officer or administrator
13of all local governmental entities having the power to levy taxes on property within
14the district and to the school board of any school district which includes property
15located within the proposed district. For any county with no chief executive officer
16or administrator, this notice shall be sent to the county board chairperson.
AB150-engrossed,1097,2518
66.46
(4) (h) 2. Not more than once during the 7 years after the tax incremental
19district is created, the planning commission may adopt an amendment to a project
20plan under subd. 1. to modify the district's boundaries by adding territory to the
21district that is contiguous to the district and that is served by public works or
22improvements that were created as part of the district's project plan. Expenditures
23for project costs that are incurred because of an amendment to a project plan to which
24this subdivision applies may be made for not more than 3 years after the date on
25which the local legislative body adopts a resolution amending the project plan.
AB150-engrossed,1098,202
66.46
(4m) (a) Any city that seeks to create a tax incremental district or amend
3a project plan shall convene a joint review board to review the proposal. The board
4shall consist of one representative chosen by the school district that has power to levy
5taxes on the property within the tax incremental district, one representative chosen
6by the technical college district that has power to levy taxes on the property within
7the tax incremental district, one representative chosen by the county that has power
8to levy taxes on the property within the tax incremental district, one representative
9chosen by the city and one public member. If more than one school district, more than
10one technical college district or more than one county has the power to levy taxes on
11the property within the tax incremental district, the unit in which is located property
12of the tax incremental district that has the greatest value shall choose that
13representative to the board. The public member and the board's chairperson shall
14be selected by a majority of the other board members before the public hearing under
15sub. (4) (a) or (h)
1. is held. All board members shall be appointed and the first board
16meeting held within 14 days after the notice is published under sub. (4) (a) or (h)
1.
17Additional meetings of the board shall be held upon the call of any member. The city
18that seeks to create the tax incremental district or to amend its project plan shall
19provide administrative support for the board. By majority vote, the board may
20disband following approval or rejection of the proposal.
AB150-engrossed,1098,2522
66.46
(4m) (b) 1. The board shall review the public record, planning documents
23and the resolution passed by the local legislative body or planning commission under
24sub. (4) (gm) or (h)
1. As part of its deliberations the board may hold additional
25hearings on the proposal.
AB150-engrossed,1099,52
66.46
(4m) (b) 2. No tax incremental district may be created and no project plan
3may be amended unless the board approves the resolution adopted under sub. (4)
4(gm) or (h)
1. by a majority vote not less than 10 days nor more than 30 days after
5receiving the resolution.
AB150-engrossed,1099,177
66.46
(5) (c) If the city adopts an amendment to the original project plan for any
8district which includes additional project costs at least part of which will be incurred
9after the period specified in sub. (6) (am) 1, the tax incremental base for the district
10shall be redetermined under par. (b) as of the January 1
following next preceding the
11effective date of the amendment
, except that if the amendment becomes effective
12between January 2 and September 30, as of the next subsequent January 1 if the
13amendment becomes effective between October 1 and December 31 and if the
14effective date of the amendment is January 1 of any year, the redetermination shall
15be made on that date. The tax incremental base as redetermined under this
16paragraph is effective for the purposes of this section only if it exceeds the original
17tax incremental base determined under par. (b).
AB150-engrossed,1100,419
66.46
(5) (ce) If the city adopts an amendment, to which sub. (4) (h) 2. applies,
20to the original project plan for any district which includes additional project costs,
21none of which will be incurred after the period specified in sub. (6) (am) 1., the tax
22incremental base for the district shall be redetermined under par. (b) as of the
23January 1 next preceding the effective date of the amendment if the amendment
24becomes effective between January 2 and September 30, as of the next subsequent
25January 1 if the amendment becomes effective between October 1 and December 31
1and if the effective date of the amendment is January 1 of any year, the
2redetermination shall be made on that date. The tax incremental base as
3redetermined under this paragraph is effective for the purposes of this section only
4if it exceeds the original tax incremental base determined under par. (b).
AB150-engrossed,1100,246
66.46
(6) (a) If the joint review board approves the creation of the tax
7incremental district under sub. (4m), positive tax increments with respect to a tax
8incremental district are allocated to the city which created the district for each year
9commencing after the date when a project plan is adopted under sub. (4) (g). The
10department of revenue shall not authorize allocation of tax increments until it
11determines from timely evidence submitted by the city that each of the procedures
12and documents required under sub. (4) (d) to (f) have been completed and all related
13notices given in a timely manner. The department of revenue may authorize
14allocation of tax increments for any tax incremental district only if the city clerk and
15assessor annually submit to the department all required information on or before the
162nd Monday in June. The facts supporting any document adopted or action taken
17to comply with sub. (4) (d) to (f) shall not be subject to review by the department of
18revenue under this paragraph. Thereafter, the department of revenue shall
19annually authorize allocation of the tax increment to the city that created such a
20district until the department of revenue receives a notice under sub. (8) and the
21notice has taken effect under sub. (8) (b),
27 years after the tax incremental district
22is created if the district is created before October 1, 1995, or 23 years after the tax
23incremental district is created
if the district is created after September 30, 1995,
24whichever is sooner.
AB150-engrossed,1101,5
166.46
(6) (am) 1.
No For a tax incremental district that is created after
2September 30, 1995, no expenditure may be made later than 7 years after the tax
3incremental district is created
, and for a tax incremental district that is created
4before October 1, 1995, no expenditure may be made later than 10 years after the tax
5incremental district is created.
AB150-engrossed,1102,27
66.46
(6) (c) Except for tax increments allocated under par. (d)
or (e), all tax
8increments received with respect to a tax incremental district shall, upon receipt by
9the city treasurer, be deposited into a special fund for that district. The city treasurer
10may deposit additional moneys into such fund pursuant to an appropriation by the
11common council. No moneys may be paid out of such fund except to pay project costs
12with respect to that district, to reimburse the city for such payments, to pay project
13costs of a district under par. (d)
or (e) or to satisfy claims of holders of bonds or notes
14issued with respect to such district. Subject to par. (d)
or (e), moneys paid out of the
15fund to pay project costs with respect to a district may be paid out before or after the
16district is terminated under sub. (7). Subject to any agreement with bondholders,
17moneys in the fund may be temporarily invested in the same manner as other city
18funds if any investment earnings are applied to reduce project costs. After all project
19costs and all bonds and notes with respect to the district have been paid or the
20payment thereof provided for, subject to any agreement with bondholders, if there
21remain in the fund any moneys that are not allocated under par. (d)
or (e), they shall
22be paid over to the treasurer of each county, school district or other tax levying
23municipality or to the general fund of the city in the amounts that belong to each
24respectively, having due regard for that portion of the moneys, if any, that represents
1tax increments not allocated to the city and that portion, if any, that represents
2voluntary deposits of the city into the fund.
AB150-engrossed,1102,124
66.46
(6) (d) 1. After the date on which a tax incremental district pays off the
5aggregate of all of its project costs under its project plan, but not later than the date
6on which a tax incremental district terminates under sub. (7) (am), a planning
7commission may amend under sub. (4) (h)
1. the project plan of such a tax
8incremental district to allocate positive tax increments generated by that tax
9incremental district to another tax incremental district created by that planning
10commission in which soil affected by environmental pollution exists to the extent
11that development has not been able to proceed according to the project plan because
12of the environmental pollution.
AB150-engrossed,1102,1714
66.46
(6) (d) 2.
No Except as provided in subd. 2m., no tax increments may be
15allocated under this paragraph later than 16 years after the last expenditure
16identified in the project plan of the tax incremental district, the positive tax
17increments of which are to be allocated, is made.
AB150-engrossed,1102,2519
66.46
(6) (d) 2m. No tax increments may be allocated under this paragraph
20later than 20 years after the last expenditure identified in the project plan of the tax
21incremental district, the positive tax increments of which are to be allocated, is made
22if the district is created before October 1, 1995, except that in no case may the total
23number of years during which expenditures are made under par. (am) 1. plus the
24total number of years during which tax increments are allocated under this
25paragraph exceed 27 years.
AB150-engrossed,1103,72
66.46
(6) (e) 1. Before the date on which a tax incremental district terminates
3under sub. (7) (a), but not later than the date on which a tax incremental district
4terminates under sub. (7) (am), a planning commission may amend under sub. (4) (h)
5the project plan of such a tax incremental district to allocate positive tax increments
6generated by that tax incremental district to another tax incremental district
7created by that planning commission if all of the following conditions are met:
AB150-engrossed,1103,108
a. The donor tax incremental district, the positive tax increments of which are
9to be allocated, and the recipient tax incremental district have the same overlying
10taxing jurisdictions.
AB150-engrossed,1103,1211
b. The donor tax incremental district and the recipient tax incremental district
12have been created before October 1, 1995.
AB150-engrossed,1103,1713
2. Each year, the city that created the tax incremental districts may determine
14the portion of the donor tax incremental district's positive tax increment that is in
15excess of the tax increment that is necessary to pay the donor's project costs in that
16year that shall be allocated to the recipient tax incremental district and shall inform
17the department of revenue of these amounts.
AB150-engrossed,1103,2518
3. A project plan that is amended under sub. (4) (h) to authorize the allocation
19of positive tax increments under subd. 1. may authorize such an allocation for a
20period not to exceed 5 years, except that if the planning commission determines that
21the allocation may be needed for a period longer than 5 years, the planning
22commission may authorize such an allocation for up to an additional 5 years if the
23project plan is amended under sub. (4) (h) during the 4th year of the allocation. In
24no case may positive tax increments under subd. 1. be allocated from one donor tax
25incremental district for a period longer than 10 years.
AB150-engrossed,1104,72
66.46
(7) (a) That time when the city has received aggregate tax increments
3with respect to such district in an amount equal to the aggregate of all project costs
4under the project plan and any amendments to the project plan for such district,
5except that this paragraph does not apply to a district whose positive tax increments
6have been allocated under sub. (6) (d)
or (e) until the district to which the allocation
7is made has paid off the aggregate of all of its project costs under its project plan.
AB150-engrossed,1104,159
66.46
(7) (am) Sixteen years after the last expenditure identified in the project
10plan is made
if the district to which the plan relates is created after September 30,
111995, or 20 years after the last expenditure identified in the project plan is made if
12the district to which the plan relates is created before October 1, 1995, except that
13in no case may the total number of years during which expenditures are made under
14par. (am) 1. plus the total number of years during which tax increments are allocated
15under this paragraph exceed 27 years.
AB150-engrossed,1104,17
1766.77 (title)
Tax levy rate limit.
AB150-engrossed,1104,2119
66.77
(1) (c) "Excess over the limit" means the
amount greater of the amounts 20of revenue received by a county that results from the county exceeding the limit
21under sub. (2)
or (2m).
AB150-engrossed,1104,2323
66.77
(2) (title)
Limit
Levy rate limit.
AB150-engrossed,1105,2
166.77
(2m) Levy limit. Except as provided in sub. (3), beginning in 1995, no
2county may impose an operating levy that exceeds the amount calculated as follows:
AB150-engrossed,1105,73
(a) Determine the operating levy for the previous year or, for the 1995
4calculation only, the operating levy for 1994 or the operating levy for 1993 increased
5by 3%, whichever is higher, and add the difference between the total of state and
6federal aid received by the county in the current year compared to the amount
7received in the previous year if that total decreased.
AB150-engrossed,1105,88
(b) Multiply the amount determined under par. (a) by 3%.
AB150-engrossed,1105,129
(c) Multiply the amount determined under par. (a) by the percentage change
10in the county's population between the previous year and the current year, as
11estimated by the department of administration under s. 16.96 (1), if the percentage
12change in the county's population is greater than zero.
AB150-engrossed,1105,1313
(d) Add the results obtained under pars. (a), (b) and (c).
AB150-engrossed,1105,2415
66.77
(3) (a) 1. If the governing body of a county wishes to exceed the operating
16levy rate limit
or the levy limit otherwise applicable to the county under this section,
17it shall adopt a resolution to that effect. The resolution shall specify either the
18operating levy rate or the operating levy that the governing body wishes to impose
19for either a specified number of years or an indefinite period. The governing body
20shall call a special referendum for the purpose of submitting the resolution to the
21electors of the county for approval or rejection. In lieu of a special referendum, the
22governing body may specify that the referendum be held at the next succeeding
23spring primary or election or September primary or general election to be held not
24earlier than 30 days after the adoption of the resolution of the governing body.
AB150-engrossed,1107,3
166.77
(3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12.
2The governing body shall provide the election officials with all necessary election
3supplies. The form of the ballot shall correspond substantially with the standard
4form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and
57.08 (1) (a). If the resolution under subd. 1. specifies the operating levy rate, the
6question shall be submitted as follows: "Under state law, the operating levy rate for
7the .... (name of county), for the tax to be imposed for the year .... (year), is limited
8to $.... per $1,000 of equalized value. Shall the .... (name of county) be allowed to
9exceed this rate limit for .... (a specified number of years) (an indefinite period) by $....
10per $1,000 of equalized value that results in an operating levy rate of $.... per $1,000
11of equalized value?" If the resolution under subd. 1. specifies the operating levy, the
12question shall be submitted as
follows one of the following: "Under state law, the
13operating levy rate for the .... (name of county), for the tax to be imposed for the year
14.... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding the
15operating levy rate limit, shall the .... (name of county) be allowed to levy an amount
16not to exceed $.... (operating levy) for operating purposes for the year .... (year), which
17may increase the operating levy rate for .... (a specified number of years) (an
18indefinite period)? This would allow a ....% increase above the levy of $.... (preceding
19year operating levy) for the year .... (preceding year)
."
, or "Under state law, the
20operating levy for the .... (name of county), for the tax to be imposed for the year ....
21(year), is limited to $.... , and the increase in the operating levy, compared to last
22year's levy, is limited to 3% plus the percentage increase in the county's population
23since last year. Notwithstanding the operating levy limit, shall the .... (name of
24county) be allowed to levy an amount not to exceed $.... (operating levy) for operating
25purposes for the year .... (year), which may increase the operating levy rate for .... (a
1specified number of years) (an indefinite period)? This would allow a ....% increase
2above the levy of $.... (preceding year operating levy) for the year .... (preceding
3year)."
AB150-engrossed,1107,95
66.77
(3) (a) 4. Within 14 days after the referendum, the clerk of the county
6shall certify the results of the referendum to the department of revenue. A county
7may exceed the operating levy rate limit
or operating levy limit otherwise applicable
8to it under this section in that year by an amount not exceeding the amount approved
9by a majority of those voting on the question.
AB150-engrossed,1107,1711
66.77
(3) (b) 1. If an increased operating levy rate
or operating levy is approved
12by a referendum under par. (a) for a specified number of years, the increased
13operating levy rate
or operating levy shall be the operating levy rate limit
or
14operating levy for that number of years for purposes of this section. If an increased
15operating levy rate
or operating levy is approved by a referendum under par. (a) for
16an indefinite period, the increased operating levy rate
or operating levy shall be the
17operating levy rate
or operating levy limit for purposes of this section.
AB150-engrossed,1108,219
66.77
(3) (b) 2. If an increased operating levy is approved by a referendum
20under par. (a), the increased operating levy shall be used to calculate the
operating
21levy rate, or the operating levy
rate limit
, for the approved year for purposes of this
22section. After the approved year, the
operating levy rate or the operating levy
rate 23limit in the approved year
, or the
operating levy rate or the operating levy
rate limit
24that would have been applicable if there had been no referendum, whichever is
1greater, shall be the
rate or the limit for the specified number of years or for an
2indefinite period for purposes of this section.
AB150-engrossed,1108,94
66.77
(3) (c) 1. If a county transfers to another governmental unit
5responsibility for providing any service that the county provided in the preceding
6year, the levy rate limit
or the operating levy limit otherwise applicable under this
7section to the county in the current year is decreased to reflect the cost that the
8county would have incurred to provide that service, as determined by the department
9of revenue.
AB150-engrossed,1108,1410
2. If a county increases the services that it provides by adding responsibility
11for providing a service transferred to it from another governmental unit in any year,
12the levy rate limit
or the operating levy limit otherwise applicable under this section
13to the county in the current year is increased to reflect the cost of that service, as
14determined by the department of revenue.
AB150-engrossed,1108,1916
66.77
(5) Rate comparison. Annually, the department of revenue shall compare
17the operating levy rate limit
and the operating levy limit of each county under this
18section to the actual operating levy rate
and the actual operating levy imposed by the
19county.
AB150-engrossed,1108,22
2166.949 Energy savings performance contracting. (1) Definitions. In this
22section:
AB150-engrossed,1108,2523
(a) "Energy conservation measure" means a facility alteration or training,
24service or operations program designed to reduce energy consumption or operating
25costs or ensure state or local building code compliance.
AB150-engrossed,1109,1
1(b) "Local governmental unit" has the meaning given in s. 19.42 (7u).
AB150-engrossed,1109,42
(c) "Performance contract" means a contract for the evaluation and
3recommendation of energy conservation and facility improvement measures, and for
4the implementation of one or more such measures.
AB150-engrossed,1109,95
(d) "Qualified provider" means a person who is experienced in the design,
6implementation and installation of energy conservation and facility improvement
7measures and who has the ability to provide labor and material payment and
8performance bonds equal to the maximum amount of any payments due under a
9performance contract entered into by the person.
AB150-engrossed,1109,13
10(2) Authorization; report. (a) Any local governmental unit may, in accordance
11with this section, enter into a performance contract with a qualified provider to
12reduce energy or operating costs, ensure state or local building code compliance or
13enhance the protection of property of the local governmental unit.
AB150-engrossed,1109,2314
(b) Prior to entering into a performance contract for the implementation of any
15energy conservation or facility improvement measure, a local governmental unit
16shall obtain a report from a qualified provider containing recommendations
17concerning the amount the local governmental unit should spend on energy
18conservation and facility improvement measures. The report shall contain estimates
19of all costs of installation, modifications, or remodeling, including costs of design,
20engineering, maintenance, repairs and financing. In addition, the report shall
21contain a guarantee specifying a minimum amount by which energy or operating
22costs of the local governmental unit will be reduced, if the installation, modification
23or remodeling is performed by that qualified provider.
AB150-engrossed,1110,324
(c) If, after review of the report under par. (b), the local governmental unit finds
25that the amount it would spend on the energy conservation and facility improvement
1measures recommended in the report is not likely to exceed the amount to be saved
2in energy and operation costs over the remaining useful life of the facility to which
3the measures apply, the local governmental unit may enter into the contract.
AB150-engrossed,1110,8
4(3) Notice. Before entering into a performance contract under this section, a
5local governmental unit shall publish a class 1 notice of its intent to award the
6performance contract, the names of the parties to the proposed performance contract,
7and a description of the energy conservation and facility improvement measures
8included in the performance contract.
AB150-engrossed,1110,12
9(4) Instalment payment and lease-purchase agreements. A local
10governmental unit may enter into an instalment payment contract or
11lease-purchase agreement for the purchase and installation of energy conservation
12or facility improvement measures.
AB150-engrossed,1110,16
13(5) Payment schedule; savings. Each performance contract shall provide that
14all payments, except obligations on termination of the contract before its expiration,
15shall be made over time as energy savings are achieved. Energy savings shall be
16guaranteed by the qualified provider for the entire term of the performance contract.
AB150-engrossed,1110,19
17(6) Terms of contracts. A performance contract may extend beyond the fiscal
18year in which it becomes effective, subject to appropriation of moneys for costs
19incurred in future fiscal years, if required by law.
AB150-engrossed,1110,22
20(7) Allocation of obligations. Each local governmental unit shall allocate
21sufficient moneys for each fiscal year to make payment of any amounts payable by
22the local governmental unit under performance contracts during that fiscal year.
AB150-engrossed,1110,25
23(8) Bonds. Each qualified provider under a performance contract shall provide
24labor and material payment and performance bonds in an amount equivalent to the
25maximum amount of any payments due under the contract.
AB150-engrossed,1111,5
1(9) Use of moneys. Unless otherwise provided by law or ordinance, if a local
2governmental unit has funding designated for operating and capital expenditures,
3the local governmental unit may use moneys designated for operating or capital
4expenditures to make payments under any performance contract, including
5instalment payments or payments under lease-purchase agreements.
AB150-engrossed,1111,12
6(10) Monitoring; reports. During the entire term of each performance
7contract, the qualified provider entering into the contract shall monitor the
8reductions in energy consumption and cost savings attributable to the energy
9conservation and facility improvement measures installed under the contract, and
10shall periodically prepare and provide a report to the local governmental unit
11entering into the contract documenting the reductions in energy consumption and
12cost savings to the local governmental unit.
AB150-engrossed,1111,14
13(11) Energy conservation measures. Energy conservation measures under
14this section may include the following:
AB150-engrossed,1111,1515
(a) Insulation of a building structure or systems within a building.
AB150-engrossed,1111,1916
(b) Storm windows or doors, caulking or weather stripping, multiglazed
17windows or doors, heat-absorbing or heat-reflective glazed and coated window or
18door systems, additional glazing, reductions in glass area, or other window and door
19system modifications that reduce energy consumption.
AB150-engrossed,1111,2120
(c) Automated or computerized energy control and facility management
21systems or computerized maintenance management systems.
AB150-engrossed,1111,2322
(d) Heating, ventilating or air conditioning system modifications or
23replacements.