Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,294,19 883. Page 791, line 8: substitute "the bonds, the purchase or redemption of the" for "these bonds, the purchase or redemption of these".

AB133-ASA1-CA1,294,20 884. Page 791, line 9: on lines 9 and 10, substitute "the" for "these".

AB133-ASA1-CA1,294,21 885. Page 791, line 12: on lines 12 and 19, substitute "(h)" for "(e)".

AB133-ASA1-CA1,294,22 886. Page 791, line 20: substitute "(g)" for "(d)".

AB133-ASA1-CA1,295,1 887. Page 791, line 22: substitute "(h)" for "(e)".

AB133-ASA1-CA1,295,2 888. Page 791, line 23: after "bonds" insert "under this subsection".

AB133-ASA1-CA1,295,3 889. Page 792, line 1: substitute "(h)" for "(e)".

AB133-ASA1-CA1,295,4 890. Page 792, line 3: substitute "(h)" for "(e)".

AB133-ASA1-CA1,295,6 891. Page 792, line 6: delete "the bonds" and substitute "bonds under this subsection".

AB133-ASA1-CA1,295,7 892. Page 793, line 5: substitute "(i)" for "(f)".

AB133-ASA1-CA1,295,8 893. Page 793, line 9: substitute "(j)" for "(g)".

AB133-ASA1-CA1,295,9 894. Page 793, line 10: on lines 10 and 14, substitute "(h)" for "(e)".

AB133-ASA1-CA1,295,11 895. Page 793, line 22: after "appropriation." insert "This paragraph applies only to bonds issued under, and in compliance with, this subsection.".

AB133-ASA1-CA1,295,12 896. Page 793, line 22: after that line insert:

AB133-ASA1-CA1,295,18 "(k) Minority contracting provisions. 1. With regard to a public school construction project that is financed from the proceeds of bonds that are issued under this subsection, a person who is awarded a contract for construction work or professional services shall agree, as a condition to receiving the contract, that at least 50% of the employes hired because of the contract will be minority group members, as defined in s. 560.036 (1) (f).

AB133-ASA1-CA1,295,22 2. With regard to a public school construction project that is financed from the proceeds of bonds that are issued under this subsection, at least 50% of the aggregate dollar value of contracts awarded shall be awarded to minority businesses, as defined in s. 560.036 (1) (e), in the following areas:

AB133-ASA1-CA1,295,23 a. Contracts for the construction of a public school.

AB133-ASA1-CA1,296,2 b. Contracts for professional services related to the construction of a public school.

AB133-ASA1-CA1,296,4 (L) Types of schools. The proceeds of bonds issued under this subsection may not be used for middle schools, for charter or private schools or for modular schools.".

AB133-ASA1-CA1,296,5 897. Page 794, line 3: after that line insert:

AB133-ASA1-CA1,296,6 " Section 1630ed. 66.46 (4) (h) 1. of the statutes is amended to read:

AB133-ASA1-CA1,296,22 66.46 (4) (h) 1. Subject to subds. 2. and , 3. and 4., the planning commission may at any time, by resolution, adopt an amendment to a project plan, which amendment shall be subject to approval by the local legislative body and approval of the amendment shall require the same findings as provided in par. (g). Any amendment to a project plan is also subject to review by a joint review board, acting under sub. (4m). Adoption of an amendment to a project plan shall be preceded by a public hearing held by the plan commission at which interested parties shall be afforded a reasonable opportunity to express their views on the amendment. Notice of the hearing shall be published as a class 2 notice, under ch. 985. The notice shall include a statement of the purpose and cost of the amendment and shall advise that a copy of the amendment will be provided on request. Prior to such publication, a copy of the notice shall be sent by 1st class mail to the chief executive officer or administrator of all local governmental entities having the power to levy taxes on property within the district and to the school board of any school district which includes property located within the proposed district. For any county with no chief executive officer or administrator, this notice shall be sent to the county board chairperson.

AB133-ASA1-CA1, s. 1630ef Section 1630ef. 66.46 (4) (h) 2. of the statutes is amended to read:

AB133-ASA1-CA1,297,9 66.46 (4) (h) 2. Except as provided in subd. subds. 3. and 4., not more than once during the 7 years after the tax incremental district is created, the planning commission may adopt an amendment to a project plan under subd. 1. to modify the district's boundaries by adding territory to the district that is contiguous to the district and that is served by public works or improvements that were created as part of the district's project plan. Expenditures for project costs that are incurred because of an amendment to a project plan to which this subdivision applies may be made for not more than 3 years after the date on which the local legislative body adopts a resolution amending the project plan.

AB133-ASA1-CA1, s. 1630eh Section 1630eh. 66.46 (4) (h) 4. of the statutes is created to read:

AB133-ASA1-CA1,297,21 66.46 (4) (h) 4. With regard to a village that has a population of less than 10,000, was incorporated in 1914 and is located in a county that has a population of less than 25,000 and that contains a portion of the Yellow River and the Chequamegan Waters Flowage, not more than once during the 11 years after the tax incremental district is created, the planning commission may adopt an amendment to a project plan under subd. 1. to modify the district's boundaries by adding territory to the district that is contiguous to the district and that is to be served by public works or improvements that were created as part of the district's project plan. Expenditures for project costs that are incurred because of an amendment to a project plan to which this subdivision applies may be made for not more than 5 years after the date on which the local legislative body adopts a resolution amending the project plan.".

AB133-ASA1-CA1,297,22 898. Page 795, line 2: after that line insert:

AB133-ASA1-CA1,297,23 " Section 1630he. 66.46 (5) (c) of the statutes is amended to read:

AB133-ASA1-CA1,298,14 66.46 (5) (c) If the city adopts an amendment to the original project plan for any district which includes additional project costs at least part of which will be incurred after the period specified in sub. (6) (am) 1., the tax incremental base for the district shall be redetermined, if sub. (4) (h) 2. or , 3. or 4. applies to the amended project plan, by adding to the tax incremental base the value of the taxable property that is added to the existing district under sub. (4) (h) 2. or , 3. or 4. or, if sub. (4) (h) 2. or , 3. or 4. does not apply to the amended project plan, under par. (b), as of the January 1 next preceding the effective date of the amendment if the amendment becomes effective between January 2 and September 30, as of the next subsequent January 1 if the amendment becomes effective between October 1 and December 31 and if the effective date of the amendment is January 1 of any year, the redetermination shall be made on that date. The tax incremental base as redetermined under this paragraph is effective for the purposes of this section only if it exceeds the original tax incremental base determined under par. (b).

AB133-ASA1-CA1, s. 1630hh Section 1630hh. 66.46 (5) (ce) of the statutes is amended to read:

AB133-ASA1-CA1,299,2 66.46 (5) (ce) If the city adopts an amendment, to which sub. (4) (h) 2. or , 3. or 4. applies, the tax incremental base for the district shall be redetermined, by adding to the tax incremental base the value of the taxable property that is added to the existing district under sub. (4) (h) 2. or , 3. or 4., as of the January 1 next preceding the effective date of the amendment if the amendment becomes effective between January 2 and September 30, as of the next subsequent January 1 if the amendment becomes effective between October 1 and December 31 and if the effective date of the amendment is January 1 of any year, the redetermination shall be made on that date. The tax incremental base as redetermined under this paragraph is effective for the purposes of this section only if it exceeds the original tax incremental base determined under par. (b).".

AB133-ASA1-CA1,299,3 899. Page 795, line 7: after that line insert:

AB133-ASA1-CA1,299,4 " Section 1630k. 66.46 (6) (a) of the statutes is amended to read:

AB133-ASA1-CA1,300,2 66.46 (6) (a) If the joint review board approves the creation of the tax incremental district under sub. (4m), positive tax increments with respect to a tax incremental district are allocated to the city which created the district for each year commencing after the date when a project plan is adopted under sub. (4) (g). The department of revenue shall not authorize allocation of tax increments until it determines from timely evidence submitted by the city that each of the procedures and documents required under sub. (4) (d) to (f) have been completed and all related notices given in a timely manner. The department of revenue may authorize allocation of tax increments for any tax incremental district only if the city clerk and assessor annually submit to the department all required information on or before the 2nd Monday in June. The facts supporting any document adopted or action taken to comply with sub. (4) (d) to (f) shall not be subject to review by the department of revenue under this paragraph. Thereafter, the department of revenue shall annually authorize allocation of the tax increment to the city that created such a district until the department of revenue receives a notice under sub. (8) and the notice has taken effect under sub. (8) (b), 27 years after the tax incremental district is created if the district is created before October 1, 1995, 38 years after the tax incremental district is created if the district is created before October 1, 1995, and the project plan is amended under sub. (4) (h) 3. or 4. or 23 years after the tax incremental district is created if the district is created after September 30, 1995, whichever is sooner.".

AB133-ASA1-CA1,300,3 900. Page 795, line 7: after that line insert:

AB133-ASA1-CA1,300,4 " Section 1630ke. 66.46 (6) (am) 2. c. of the statutes is created to read:

AB133-ASA1-CA1,300,9 66.46 (6) (am) 2. c. Expenditures for project costs for Tax Incremental District Number Six in a city with a population of at least 45,000 that is located in a county that was created in 1853 and that is adjacent to one of the Great Lakes. Such expenditures may be made no later than 13 years after the tax incremental district is created, and may be made through December 31, 2004.".

AB133-ASA1-CA1,300,10 901. Page 795, line 7: after that line insert:

AB133-ASA1-CA1,300,11 " Section 1630ke. 66.46 (6) (e) 1. b. of the statutes is amended to read:

AB133-ASA1-CA1,300,14 66.46 (6) (e) 1. b. The Except as provided in subd. 1. c., the donor tax incremental district and the recipient tax incremental district have been created before October 1, 1995.

AB133-ASA1-CA1, s. 1630ki Section 1630ki. 66.46 (6) (e) 1. c. of the statutes is created to read:

AB133-ASA1-CA1,300,18 66.46 (6) (e) 1. c. With respect to a tax incremental district that has been created by a 1st class city, the donor tax incremental district and the recipient tax incremental district have been created before October 1, 1996.".

AB133-ASA1-CA1,300,19 902. Page 796, line 2: after that line insert:

AB133-ASA1-CA1,300,20 " Section 1630q. 66.46 (7) (ar) of the statutes is amended to read:

AB133-ASA1-CA1,300,23 66.46 (7) (ar) Notwithstanding par. (am), 22 years after the last expenditure identified in the project plan is made if the district to which the plan relates is created before October 1, 1995, and the project plan is amended under sub. (4) (h) 3. or 4.".

AB133-ASA1-CA1,300,24 903. Page 796, line 24: delete lines 24 and 25 and substitute:

AB133-ASA1-CA1,301,1 " Section 1634a. 66.462 (2) of the statutes is amended to read:".

AB133-ASA1-CA1,301,2 904. Page 797, line 1: delete "(2) (a)" and substitute " (2)".

AB133-ASA1-CA1,301,3 905. Page 797, line 7: delete "that is" and substitute "that is".

AB133-ASA1-CA1,301,4 906. Page 797, line 12: delete ". If the political".

AB133-ASA1-CA1,301,5 907. Page 797, line 13: delete lines 13 and 14.

AB133-ASA1-CA1,301,7 908. Page 797, line 15: delete "the environmental pollution which is remediated".

AB133-ASA1-CA1,301,8 909. Page 797, line 19: delete lines 19 to 21 and substitute:

AB133-ASA1-CA1,301,11 "66.462 (2) (b) No expenditure for an eligible cost may be made by a political subdivision later than 15 years after the environmental remediation tax incremental base is certified by the department under sub. (4).".

AB133-ASA1-CA1,301,12 910. Page 798, line 18: delete lines 18 to 24.

AB133-ASA1-CA1,301,13 911. Page 799, line 1: delete lines 1 to 9.

AB133-ASA1-CA1,301,14 912. Page 800, line 2: after that line insert:

AB133-ASA1-CA1,301,15 " Section 1636s. 66.462 (7) (a) of the statutes is amended to read:

AB133-ASA1-CA1,301,21 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).

AB133-ASA1-CA1, s. 1636u Section 1636u. 66.462 (7) (d) of the statutes is created to read:

AB133-ASA1-CA1,302,7 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.

AB133-ASA1-CA1,302,10 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.".

AB133-ASA1-CA1,302,12 913. Page 800, line 13: delete the material beginning with that line and ending with page 806, line 9.

AB133-ASA1-CA1,302,13 914. Page 806, line 12: delete "98.25%" and substitute "97.45%".

AB133-ASA1-CA1,302,14 915. Page 806, line 20: after that line insert:

AB133-ASA1-CA1,302,15 " Section 1640m. 66.94 (9m) of the statutes is created to read:

AB133-ASA1-CA1,303,5 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.".

AB133-ASA1-CA1,303,6 916. Page 806, line 20: after that line insert:

AB133-ASA1-CA1,303,7 " Section 1641m. 66.904 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,303,17 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).

AB133-ASA1-CA1, s. 1641no Section 1641no. 66.904 (2) (e) of the statutes is amended to read:

AB133-ASA1-CA1,303,20 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.

AB133-ASA1-CA1, s. 1641q Section 1641q. 66.904 (2) (f) to (j) of the statutes are created to read:

AB133-ASA1-CA1,303,24 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).

AB133-ASA1-CA1,304,3 (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:

AB133-ASA1-CA1,304,11 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.

AB133-ASA1-CA1,304,22 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.

AB133-ASA1-CA1,305,9 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.

AB133-ASA1-CA1,305,13 (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.

AB133-ASA1-CA1,305,14 (i) 1. In this paragraph:

AB133-ASA1-CA1,305,15 a. "Minority business" has the meaning given in s. 560.036 (1) (e).

AB133-ASA1-CA1,305,16 b. "Minority group member" has the meaning given in s. 560.036 (1) (f).

AB133-ASA1-CA1,305,19 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.

AB133-ASA1-CA1,306,2 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.

AB133-ASA1-CA1,306,7 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:

AB133-ASA1-CA1,306,9 a. Construction contracts that relate to a public work under par. (j) for which the design-build construction process is used.

AB133-ASA1-CA1,306,11 b. Professional services contracts that relate to a public work under par. (j) for which the design-build construction process is used.

AB133-ASA1-CA1,306,15 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.