1999 Wisconsin Act 9

66.462 (3) (a) Any political subdivision that seeks to use an environmental remediation tax increment under sub. (2) shall convene a joint review board to review the proposal. The board shall consist of one representative chosen by the school district that has power to levy taxes on the property that is remediated, one representative chosen by the technical college district that has power to levy taxes on the property, one representative chosen by the county that has power to levy taxes on the property that is remediated, one representative chosen by the political subdivision city, village or town that has power to levy taxes on the property that is remediated and one public member. If more than one city, village or town, more than one school district, more than one technical college district or more than one county has the power to levy taxes on the property that is remediated, the unit in which is located property that has the greatest value shall choose that representative to the board. The public member and the board's chairperson shall be selected by a majority of the other board members at the board's first meeting. All board members shall be appointed and the first board meeting held within 14 days after the political subdivision's governing body approves the written proposal under sub. (2). Additional meetings of the board shall be held upon the call of any member. The political subdivision that seeks to act under sub. (2) shall provide administrative support for the board. By majority vote, the board may disband following approval or rejection of the proposal.

9,1636 Section 1636. 66.462 (4) (a) of the statutes is amended to read:

66.462 (4) (a) The political subdivision submits a statement that it has incurred some eligible costs , and includes with the statement a detailed proposed remedial action plan approved by the department of natural resources that contains cost estimates for anticipated eligible costs and a schedule for the design, implementation and construction that is needed to complete the remediation, with respect to the parcel or contiguous parcels of property and the statement details the purpose and amount of the expenditures already made and includes a dated certificate issued by the department of natural resources that certifies that environmental pollution on the parcel of property has been remediated the department of natural resources has approved the site investigation report that relates to the parcel or contiguous parcels in accordance with rules promulgated by the department of natural resources.

9,1636e Section 1636e. 66.462 (4) (c) of the statutes is amended to read:

66.462 (4) (c) The political subdivision submits a statement, signed by its chief executive officer, that the political subdivision has attempted to recover the cost of remediating environmental pollution on the property from responsible parties the person who caused the environmental pollution.

9,1636s Section 1636s. 66.462 (7) (a) of the statutes is amended to read:

66.462 (7) (a) Subject to pars. (b) and , (c) and (d), the department shall annually authorize the positive environmental remediation tax increment with respect to a parcel of property during the period of certification to the political subdivision that incurred the costs to remediate environmental pollution on the property, except that an authorization granted under this paragraph does not apply after the department receives the notice described under sub. (10) (b).

9,1636u Section 1636u. 66.462 (7) (d) of the statutes is created to read:

66.462 (7) (d) 1. The department may not authorize a positive environmental remediation tax increment under par. (a) to pay otherwise eligible costs that are incurred by the political subdivision after the department of natural resources certifies to the department of revenue that environmental pollution on the parcel of property has been remediated unless the costs are associated with activities, as determined by the department of natural resources, that are necessary to close the site described in the site investigation report.

2. The department of natural resources shall certify to the department of revenue the completion of the remediation of environmental pollution at the site described in the site investigation report.

9,1637t Section 1637t. 66.521 (6m) of the statutes is amended to read:

66.521 (6m) Notification of position openings. A municipality may not enter into a revenue agreement with any person who operates for profit unless that person has agreed to notify the department of workforce development and the area private industry council under the job training partnership act, 29 USC 1501 to 1798 local workforce development board established under 29 USC 2832, of any position to be filled in that municipality within one year after issuance of the revenue bonds. The person shall provide this notice at least 2 weeks before advertising the position. The notice required by this subsection does not affect the offer of employment requirements of sub. (4s).

9,1638m Section 1638m. 66.75 (1m) (f) 3. of the statutes is amended to read:

66.75 (1m) (f) 3. From the appropriation under s. 20.835 (4) (gg), the department of revenue shall distribute 97% 97.45% of the taxes collected under this paragraph for each district to that district, no later than the end of the month following the end of the calendar quarter in which the amounts were collected. The taxes distributed shall be increased or decreased to reflect subsequent refunds, audit adjustments and all other adjustments. Interest paid on refunds of the tax under this paragraph shall be paid from the appropriation under s. 20.835 (4) (gg) at the rate under s. 77.60 (1) (a). Any district that receives a report along with a payment under this subdivision or subd. 2. is subject to the duties of confidentiality to which the department of revenue is subject under s. 77.61 (5).

9,1641m Section 1641m. 66.904 (2) (a) of the statutes is amended to read:

66.904 (2) (a) Except for a contract awarded under pars. (f) to (j) and except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $7,500 $20,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.29 , except for a contract awarded under pars. (f) to (j).

9,1641no Section 1641no. 66.904 (2) (e) of the statutes is amended to read:

66.904 (2) (e) Paragraphs (a) to (d) do not apply to contracts awarded under s. 66.905. Paragraphs (f) to (j) do apply to contracts awarded under s. 66.905.

9,1641q Section 1641q. 66.904 (2) (f) to (j) of the statutes are created to read:

66.904 (2) (f) In this subsection, "design-build construction process" means a procurement process under which the engineering, design and construction services are provided by a single entity under a process described under par. (g).

(g) If the commission wishes to construct a public work under par. (j) using the design-build construction process, the commission shall use a selection process that contains the following procedures:

1. The commission shall issue a request for proposals from design-build teams by publishing a class 1 notice under ch. 985. The notice shall include a project statement that describes the space needs and design goals for the project, detailed submission requirements, selection procedures, site information, an outline of specifications for the project, a budget for the project, a project schedule, the composition of the selection panel, the approximate amount of the bond that the commission will require under par. (h) and whether the commission will offer a stipend to unsuccessful design-build teams and, if so, the amount of the stipend.

2. Following receipt of the proposals, the commission shall select 5 or less design-build teams to participate in the final stage of the selection process. The selection of teams under this subdivision shall be based on factors that include the background, experience and qualifications of the members of the teams; the financial strength and surety capacity of the teams; the quality of the initial proposal; and the past performance and current workload of the teams. The commission selection panel that selects the teams under this subdivision for the final selection process under subd. 3. may include design and construction professionals who work for the commission or are hired by the commission to assist in the selection, commissioners and representatives from the unit of the commission that will use the facility that is to be constructed under the selection process described in this paragraph.

3. The commission shall make a final selection from among the teams selected under subd. 2. if the commission determines that at least one of the teams selected as a finalist under subd. 2. will be able to construct the public work in a way that is satisfactory to the commission. The final selection shall be made following interviews and presentations from the finalists, based on criteria that are published as a class 1 notice under ch. 985. The notice shall state the weight that is given to each criterion. The criteria to be used in making a final selection under this subdivision may include the quality of the proposed design, the construction approach to be used to complete the project, the extent to which a proposal demonstrates compliance with the project statement described under subd. 1., the proposed management plan for the project, the estimated cost of the project and a guaranteed maximum price for the project.

(h) If the commission selects a design-build team under par. (g) 3. and enters into a contract for the construction of the project, the design-build team shall obtain bonding, in an amount specified by the commission, to guarantee completion of the project according to the terms of the contract.

(i) 1. In this paragraph:

a. "Minority business" has the meaning given in s. 560.036 (1) (e).

b. "Minority group member" has the meaning given in s. 560.036 (1) (f).

c. "Women's business" means a sole proprietorship, partnership, joint venture or corporation that is at least 51% owned, controlled and actively managed by women.

2. The commission shall ensure that, for construction work and professional services contracts that relate to a public work under par. (j) for which the design-build construction process is used, a person who is awarded such a contract by the commission shall agree, as a condition to receiving the contract, that his or her goal shall be to ensure that at least 25% of the employes hired because of the contract will be minority group members and at least 5% of the employes hired because of the contract will be women.

3. It shall be a goal of the commission to ensure that at least 25% of the aggregate dollar value of all contracts awarded by the commission in the following areas shall be awarded to minority businesses and at least 5% of the aggregate dollar value of all contracts awarded by the commission in the following areas shall be awarded to women's businesses:

a. Construction contracts that relate to a public work under par. (j) for which the design-build construction process is used.

b. Professional services contracts that relate to a public work under par. (j) for which the design-build construction process is used.

4. It shall be a goal of the commission, with regard to each of the contracts described under subd. 3. a. and b., to award at least 25% of the dollar value of such contracts to minority businesses and at least 5% of the dollar value of such contracts to women's businesses.

5. a. The commission shall hire an independent person to monitor the commission's compliance with minority contracting goals under subds. 2., 3. and 4. The person hired shall have previous experience working with minority group members. The commission shall develop a mechanism to receive regular reports from the person hired with respect to the results of the person's studies of compliance with minority contracting goals.

b. If the commission or a contractor is unable to meet the goals under subd. 2., 3. or 4., the person hired under subd. 5. a. shall assess whether the commission or contractor made a good faith effort to reach the goals. In determining whether a good faith effort was made to meet the goals, the person hired shall consider all of the factors listed in subd. 6.

6. The factors to be considered under subd. 5. b. are:

a. The supply of eligible minority businesses and women's businesses that have the financial capacity, technical capacity and previous experience in the areas in which contracts were awarded.

b. The competing demands for the services provided by eligible minority businesses and women's businesses, as described in subd. 6. a., in areas in which contracts were awarded.

c. The extent to which the commission or contractors advertised for and aggressively solicited bids from eligible minority businesses and women's businesses, as described in subd. 6. a., and the extent to which eligible minority businesses and women's businesses submitted bids.

(j) Any contract for public construction under sub. (1), for any of the following projects, may be let using the design-build construction process:

1. Central metropolitan interceptor sewer projects.

2. Any projects that are required to implement the department of natural resources-approved 2010 facility plan.

3. Watercourse flood control projects for any of the following:

a. Menomonee River.

b. Root River.

c. Kinnickinnic River.

d. Lincoln Creek.

9,1642m Section 1642m. 66.94 (9m) of the statutes is created to read:

66.94 (9m) Limit on contracting for light rail. Notwithstanding any other provision of this section, no authority may enter into a contract for any purpose related to a light rail mass transit system if the cost of any of the contracted items would be paid for by, or reimbursed with, federal funds received under P.L. 102-240, section 1045, or P.L. 105-277, section 373, or any funds received from the state. This subsection does not apply to any light rail mass transit system that is being constructed on the effective date of this subsection .... [revisor inserts date]. This subsection does not apply to any funds expended or activity related to a mass transit system that is done under the memorandum of agreement concerning USH 12 between Middleton and Lake Delton, Wisconsin, that was executed by the governor, the secretary of transportation, the secretary of natural resources, the county executive of Dane County, the administrative coordinator of Sauk County, and others, and that became effective on April 22, 1999. This subsection does not apply after June 30, 2001.

9,1644 Section 1644. 66.945 (8) (a) of the statutes is amended to read:

66.945 (8) (a) The regional planning commission may conduct all types of research studies, collect and analyze data, prepare maps, charts and tables, and conduct all necessary studies for the accomplishment of its other duties; it may, consistent with the elements specified in s. 66.0295, make plans for the physical, social and economic development of the region, and may, consistent with the elements specified in s. 66.0295, adopt by resolution any plan or the portion of any plan so prepared as its official recommendation for the development of the region; it may publicize and advertise its purposes, objectives and findings, and may distribute reports thereon; it may provide advisory services on regional planning problems to the local government units within the region and to other public and private agencies in matters relative to its functions and objectives, and may act as a coordinating agency for programs and activities of such local units and agencies as they relate to its objectives. All public officials shall, upon request, furnish to the regional planning commission, within a reasonable time, such available information as it requires for its work. In general, the regional planning commission shall have all powers necessary to enable it to perform its functions and promote regional planning. The functions of the regional planning commission shall be solely advisory to the local governments and local government officials comprising the region.

9,1645 Section 1645. 66.945 (9) of the statutes is amended to read:

66.945 (9) Preparation of master plan for region. The regional planning commission shall have the function and duty of making and adopting a master plan for the physical development of the region. The master plan, with the accompanying maps, plats, charts, programs and descriptive and explanatory matter, shall show the commission's recommendations for such physical development and may include, among other things without limitation because of enumeration, the general location, character and extent of main traffic arteries, bridges and viaducts; public places and areas; parks; parkways; recreational areas; sites for public buildings and structures; airports; waterways; routes for public transit; and the general location and extent of main and interceptor sewers, water conduits and other public utilities whether privately or publicly owned; areas for industrial, commercial, residential, agricultural or recreational development shall contain at least the elements described in s. 66.0295. The regional planning commission may amend, extend or add to the master plan or carry any part or subject matter into greater detail.

9,1646 Section 1646. 66.945 (10) of the statutes is amended to read:

66.945 (10) Adoption of master plan for region. The master plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the region which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development. The regional planning commission may adopt the master plan as a whole by a single resolution, or, as the work of making the whole master plan progresses, may by resolution adopt a part or parts thereof, any such part to correspond generally with one or more of the functional subdivisions of the subject matter of the plan elements specified in s. 66.0295. The resolution shall refer expressly to the maps, plats, charts, programs and descriptive and explanatory matter, and other matters intended by the regional planning commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof by the identifying signature of the chairperson of the regional planning commission and a copy of the plan or part thereof shall be certified to the legislative bodies of the local governmental units within the region. The purpose and effect of adoption of the master plan shall be solely to aid the regional planning commission and the local governments and local government officials comprising the region in the performance of their functions and duties.

9,1647 Section 1647. 67.04 (5) (b) 2. of the statutes is repealed.

9,1647c Section 1647c. 67.04 (5) (b) 4. of the statutes is created to read:

67.04 (5) (b) 4. To pay unfunded prior service liability contributions under the Wisconsin retirement system if all of the proceeds of the note will be used to pay for such contributions.

9,1648g Section 1648g. 67.05 (6m) (intro.) of the statutes is amended to read:

67.05 (6m) Hearing and referendum in technical college districts. (intro.) Prior Unless sub. (7) (k) applies, prior to the adoption of an initial resolution under sub. (1), the technical college district board shall adopt a resolution stating its intention to borrow money for the purposes specified in s. 38.16 (2) and setting a date, time and place for a public hearing on the resolution adopted under this subsection which shall be held within 30 days after its adoption. The technical college district secretary immediately shall publish a copy of the resolution adopted under this subsection as a class 1 notice, under ch. 985.

9,1648m Section 1648m. 67.05 (7) (k) of the statutes is created to read:

67.05 (7) (k) Subsection (6m) does not apply to an initial resolution adopted by a technical college district board to purchase or construct a facility to be used as an applied technology center to which s. 38.15 (3) (c) applies.

9,1649 Section 1649. 67.12 (12) (a) of the statutes is amended to read:

67.12 (12) (a) Any municipality may issue promissory notes as evidence of indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not limited to paying any general and current municipal expense, and refunding any municipal obligations, including interest on them. Each note, plus interest if any, shall be repaid within 10 years after the original date of the note, except that notes issued under this section for purposes of ss. 145.245 (12m), 281.58 and , 281.59, 281.595, 281.60 and 281.61, or to raise funds to pay a portion of the capital costs of a metropolitan sewerage district, shall be repaid within 20 years after the original date of the note.

9,1649m Section 1649m. 67.12 (12) (k) of the statutes is created to read:

67.12 (12) (k) Paragraph (e) 5. does not apply to borrowing by a technical college district board to purchase or construct a facility to be used as an applied technology center if s. 38.15 (3) (c) applies.

9,1649r Section 1649r. 69.22 (1) (c) of the statutes is amended to read:

69.22 (1) (c) Twelve Fourteen dollars for issuing a copy of a birth certificate, $1.40 of which shall be forwarded to the state treasurer as provided in sub. (1m) and credited to the appropriation under s. 20.435 (5) (jk) and $7 of which shall be forwarded to the state treasurer as provided in sub. (1m) and credited to the appropriations under s. 20.433 (1) (g) and (h).

9,1649s Section 1649s. 69.22 (1) (c) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

69.22 (1) (c) Twelve dollars for issuing a copy of a birth certificate, $7 of which shall be forwarded to the state treasurer as provided in sub. (1m) and credited to the appropriations under s. 20.433 (1) (g) and (h).

9,1650 Section 1650. 69.30 (1) (am) of the statutes is created to read:

69.30 (1) (am) "Family care district" has the meaning given in s. 46.2805 (5).

9,1651 Section 1651. 69.30 (2) of the statutes is amended to read:

69.30 (2) A financial institution, state agency, county department, Wisconsin works agency or, service office or family care district or an employe of a financial institution, state agency, county department, Wisconsin works agency or, service office or family care district is not subject to s. 69.24 (1) (a) for copying a certified copy of a vital record for use by the financial institution, state agency, county department, Wisconsin works agency or, service office or family care district, including use under s. 45.36 (4m), if the copy is marked "FOR ADMINISTRATIVE USE".

9,1652 Section 1652. 70.11 (2) of the statutes is amended to read:

70.11 (2) Municipal property and property of certain districts, exception. Property owned by any county, city, village, town, school district, technical college district, public inland lake protection and rehabilitation district, metropolitan sewerage district, municipal water district created under s. 198.22, joint local water authority created under s. 66.0735, family care district under s. 46.2895 or town sanitary district; lands belonging to cities of any other state used for public parks; land tax-deeded to any county or city before January 2; but any residence located upon property owned by the county for park purposes which is rented out by the county for a nonpark purpose shall not be exempt from taxation. Except as to land acquired under s. 59.84 (2) (d), this exemption shall not apply to land conveyed after August 17, 1961, to any such governmental unit or for its benefit while the grantor or others for his or her benefit are permitted to occupy the land or part thereof in consideration for the conveyance. Leasing the property exempt under this subsection, regardless of the lessee and the use of the leasehold income, does not render that property taxable.

9,1653 Section 1653. 70.11 (35) of the statutes is amended to read:

70.11 (35) Cultural and architectural landmarks. Property described in s. 234.935 (1), 1997 stats.

9,1653b Section 1653b. 70.11 (39) of the statutes is amended to read:

70.11 (39) Computers. If the owner of the property fulfills the requirements under s. 70.35, mainframe computers, minicomputers, personal computers, networked personal computers, servers, terminals, monitors, disk drives, electronic peripheral equipment, tape drives, printers, basic operational programs, systems software, prewritten software and custom software. The exemption under this subsection does not apply to automatic teller machines, fax machines, copiers, equipment with embedded computerized components or telephone systems, including equipment that is used to provide telecommunications services, as defined in s. 76.80 (3).

9,1653dm Section 1653dm. 70.111 (3) of the statutes is amended to read:

70.111 (3) Boats. Watercraft employed regularly in interstate traffic. Watercraft, watercraft laid up for repairs. All, all pleasure watercraft used for recreational purposes. Commercial, commercial fishing boats. Charter and equipment that is used by commercial fishing boats, charter sailboats and charter boats, other than sailboats, that are used for tours.

9,1653d Section 1653d. 70.111 (24) of the statutes is created to read:

70.111 (24) Motion picture theater equipment. Projection equipment, sound systems and projection screens that are owned and used by a motion picture theater.

9,1653f Section 1653f. 70.111 (25) of the statutes is created to read:

70.111 (25) Digital broadcasting equipment. Digital broadcasting equipment owned and used by a radio station or a television station, except that this subsection does not apply to digital broadcasting equipment that is owned and used by a cable television system, as defined in s. 66.082 (2) (d).

9,1655m Section 1655m. 70.32 (1g) of the statutes is amended to read:

70.32 (1g) In addition to the factors set out in sub. (1), the assessor shall consider the effect on the value of the property of any zoning ordinance under s. 59.692, 61.351 or 62.231, any conservation easement under s. 700.40, any conservation restriction under an agreement with the federal government and any restrictions under ch. 91. Beginning with the property tax assessments as of January 1, 2000, the assessor may not consider the effect on the value of the property of any federal income tax credit that is extended to the property owner under section 42 of the Internal Revenue Code.