Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,361,12 " Section 2003pc. 60.10 (1) (g) of the statutes is created to read:

SB55-SSA1-CA1,361,15 60.10 (1) (g) Hourly wage of certain employees. Establish the hourly wage to be paid under s. 60.37 (4) to a town employee who is also an elected town officer, unless the authority has been delegated to the town board under sub. (2) (L).

SB55-SSA1-CA1, s. 2003pd Section 2003pd. 60.10 (2) (g) of the statutes is amended to read:

SB55-SSA1-CA1,361,19 60.10 (2) (g) Disposal of property. Authorize the town board to dispose of town real property, real or personal, other than property donated to and required to be held by the town for a special purpose.

SB55-SSA1-CA1, s. 2003pe Section 2003pe. 60.10 (2) (L) of the statutes is created to read:

SB55-SSA1-CA1,361,23 60.10 (2) (L) Hourly wage of certain employees. Authorize the town board to establish the hourly wage to be paid under s. 60.37 (4) to a town employee who is also an elected town officer, other than a town board supervisor.".

SB55-SSA1-CA1,361,24 982. Page 669, line 11: after that line insert:

SB55-SSA1-CA1,362,1 " Section 2003mn. 59.74 (2) (g) of the statutes is amended to read:

SB55-SSA1-CA1,362,4 59.74 (2) (g) Every land surveyor and every officer of the department of natural resources, every officer of the department of forestry and the district attorney shall enforce this subsection.".

SB55-SSA1-CA1,362,5 983. Page 669, line 17: after that line insert:

SB55-SSA1-CA1,362,6 " Section 2003t. 60.47 (7) of the statutes is created to read:

SB55-SSA1-CA1,362,11 60.47 (7) Minority contracting. If a town board enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under subs. (2) and (3), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-CA1, s. 2003up Section 2003up. 61.55 of the statutes is renumbered 61.55 (1) and amended to read:

SB55-SSA1-CA1,362,19 61.55 (1) All contracts for public construction, in any such village, exceeding $15,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.0901 insofar as said that section may be is applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $15,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed.

SB55-SSA1-CA1,363,3 (2) This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers, and this provision and s. 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

SB55-SSA1-CA1, s. 2003uq Section 2003uq. 61.55 (3) of the statutes is created to read:

SB55-SSA1-CA1,363,8 61.55 (3) If a village board enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under sub. (1), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-CA1, s. 2003vp Section 2003vp. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended to read:

SB55-SSA1-CA1,363,17 62.15 (1) Contracts; how let; exception for donated materials and labor. (a) All public construction, the estimated cost of which exceeds $15,000, shall be let by contract to the lowest responsible bidder; all. All other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $15,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed.

SB55-SSA1-CA1,363,22 (b) This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

SB55-SSA1-CA1, s. 2003vq Section 2003vq. 62.15 (1) (c) of the statutes is created to read:

SB55-SSA1-CA1,364,2 62.15 (1) (c) If a council enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under par. (a), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).".

SB55-SSA1-CA1,364,3 984. Page 669, line 17: after that line insert:

SB55-SSA1-CA1,364,4 " Section 2003rm. 60.34 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,364,7 60.34 (1) (a) Receive Except as provided in s. 66.0608, receive and take charge of all money belonging to the town, or which is required by law to be paid into the town treasury, and disburse the money under s. 66.0607.

SB55-SSA1-CA1, s. 2003rn Section 2003rn. 61.26 (2) of the statutes is amended to read:

SB55-SSA1-CA1,364,10 61.26 (2) Receive Except as provided in s. 66.0608, receive all moneys belonging or accruing to the village or directed by law to be paid to the treasurer.

SB55-SSA1-CA1, s. 2003ve Section 2003ve. 61.26 (3) of the statutes is amended to read:

SB55-SSA1-CA1,364,17 61.26 (3) Deposit Except as provided in s. 66.0608, deposit upon receipt the funds of the village in the name of the village in the public depository designated by the board. Failure to comply with this subsection shall be prima facie grounds for removal from office. When the money is deposited, the treasurer and bonders are not liable for the losses defined by s. 34.01 (2), and the interest shall be paid into the village treasury.

SB55-SSA1-CA1, s. 2003we Section 2003we. 62.09 (9) (a) of the statutes is amended to read:

SB55-SSA1-CA1,364,22 62.09 (9) (a) The Except as provided in s. 66.0608, the treasurer shall collect all city, school, county, and state taxes, receive all moneys belonging to the city or which by law are directed to be paid to the treasurer, and pay over the money in the treasurer's hands according to law.

SB55-SSA1-CA1, s. 2003wg Section 2003wg. 62.09 (9) (e) of the statutes is amended to read:

SB55-SSA1-CA1,365,8 62.09 (9) (e) The Except as provided in s. 66.0608, the treasurer shall deposit immediately upon receipt thereof the funds of the city in the name of the city in the public depository designated by the council. Such deposit may be in either a demand deposit or in a time deposit, maturing in not more than one year. Failure to comply with the provisions hereof shall be prima facie grounds for removal from office. When the money is so deposited, the treasurer and the treasurer's bonders shall not be liable for such losses as are defined by s. 34.01 (2). The interest arising therefrom shall be paid into the city treasury.".

SB55-SSA1-CA1,365,9 985. Page 669, line 17: after that line insert:

SB55-SSA1-CA1,365,10 " Section 2003tm. 60.77 (6) (a) of the statutes is amended to read:

SB55-SSA1-CA1,365,14 60.77 (6) (a) Let contracts for any work or purchase that involves an expenditure of $5,000 $15,000 or more to the lowest responsible bidder in the manner prescribed by the commission. Section 66.0901 applies to contracts let under this paragraph.".

SB55-SSA1-CA1,365,15 986. Page 669, line 17: after that line insert:

SB55-SSA1-CA1,365,16 " Section 2003sc. 60.323 of the statutes is amended to read:

SB55-SSA1-CA1,365,19 60.323 Compensation when acting in more than one official capacity. Except for offices combined under s. 60.305, no town may compensate a town officer for acting in more than one official capacity or office of the town at the same time.

SB55-SSA1-CA1, s. 2003se Section 2003se. 60.37 (1) of the statutes is amended to read:

SB55-SSA1-CA1,366,2 60.37 (1) General. The town board may employ on a temporary or permanent basis persons necessary to carry out the functions of town government including, subject to sub. (4), any elected officer of the town. The board may establish the qualifications and terms of employment, which may include the residency of the employee. The board may delegate the authority to hire town employees to any town official or employee.

SB55-SSA1-CA1, s. 2003sg Section 2003sg. 60.37 (4) of the statutes is created to read:

SB55-SSA1-CA1,366,11 60.37 (4) Elected officers serving as employees. (a) An elected town officer who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000 each year. Amounts that are paid under this paragraph may be paid in addition to any amount that an individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical technician, or first responder under s. 66.0501 (4). The $5,000 maximum in this paragraph includes amounts paid to a town board supervisor who is acting as superintendent of highways under s. 81.01 (1).

SB55-SSA1-CA1,366,13 (b) 1. Except as provided in subd. 2., the town meeting shall establish the hourly wage to be paid an elected town officer for serving as a town employee.

SB55-SSA1-CA1,366,16 2. If authorized by the town meeting under s. 60.10 (2) (L), the town board may establish the hourly wage to be paid an elected town officer, other than a town board supervisor, for serving as a town employee.".

SB55-SSA1-CA1,366,17 987. Page 669, line 18: after that line insert:

SB55-SSA1-CA1,366,18 " Section 2004g. 64.12 (4) of the statutes is amended to read:

SB55-SSA1-CA1,366,24 64.12 (4) At the end of each fiscal year the council shall cause a full and complete examination of all the books and accounts of the city to be made by competent certified public accountants licensed or certified under ch. 442 who shall report in full to the council. The summaries of such audits shall be presented and furnished to all newspapers and libraries of the city and to such other persons as shall apply therefor.

SB55-SSA1-CA1, s. 2004j Section 2004j. 64.34 (2) of the statutes is amended to read:

SB55-SSA1-CA1,367,6 64.34 (2) At the end of each year the council shall cause a full and complete examination of all of the books and accounts of the city to be made by competent certified public accountants licensed or certified under ch. 442, who shall report in full thereon to the council. Copies of such reports shall be furnished by the council to all newspapers of the city and to all persons who shall apply therefor.".

SB55-SSA1-CA1,367,8 988. Page 677, line 19: delete the material beginning with that line and ending with page 678, line 10.

SB55-SSA1-CA1,367,9 989. Page 678, line 22: after that line insert:

SB55-SSA1-CA1,367,10 " Section 2019g. 66.0217 (9) (b) of the statutes is amended to read:

SB55-SSA1-CA1,367,18 66.0217 (9) (b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of public instruction, one copy to the department, one copy to the department of natural resources, one copy to the department of forestry, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.".

SB55-SSA1-CA1,367,19 990. Page 679, line 21: after that line insert:

SB55-SSA1-CA1,367,21 " Section 2019mn. 66.0221 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,368,18 66.0221 (1) Upon its own motion, a city or village by a two-thirds vote of the entire membership of its governing body may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those that are exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of forestry, one copy to the department of revenue and one copy to the department of administration. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This subsection does not apply to land owned by a town government which has existing town government buildings located on the land. No town island may be annexed under this subsection if the island consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies to annexations under this subsection. Except as provided in sub. (2), after December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.".

SB55-SSA1-CA1,368,19 991. Page 680, line 5: after that line insert:

SB55-SSA1-CA1,368,20 " Section 2026k. 66.0901 (6) of the statutes is amended to read:

SB55-SSA1-CA1,369,11 66.0901 (6) Separation of contracts; classification of contractors. In public contracts for the construction, repair, remodeling, or improvement of a public building or structure, other than highway structures and facilities, a municipality may bid projects based on a single or multiple division of the work. Public contracts shall be awarded according to the division of work selected for bidding. The municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character, and classification of workers to be employed by any contractor, classify contractors as to their financial responsibility, competency, and ability to perform work, and set up a classified list of contractors. The municipality may reject the bid of any person, if the person has not been classified for the kind or amount of work in the bid. If one of the conditions a municipality imposes under a contract that is let under this section authorizes preferences or set-asides to minority businesses in the awarding of a contract under this section, the condition shall require that the minority business be certified by the department of commerce under s. 560.036 (2).".

SB55-SSA1-CA1,369,12 992. Page 680, line 5: after that line insert:

SB55-SSA1-CA1,369,13 " Section 2020n. 66.0301 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,370,2 66.0301 (1) (a) In this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, family care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district or, regional planning commission, or city-county health department.".

SB55-SSA1-CA1,370,3 993. Page 680, line 5: after that line insert:

SB55-SSA1-CA1,370,4 " Section 2020m. 66.0609 (3) of the statutes is amended to read:

SB55-SSA1-CA1,370,8 66.0609 (3) The ordinance under sub. (1) shall require that the governing body of the city or village obtain an annual detailed audit of its financial transactions and accounts by a certified public accountant licensed or certified under ch. 442 and designated by the governing body.".

SB55-SSA1-CA1,370,9 994. Page 680, line 5: after that line insert:

SB55-SSA1-CA1,370,10 " Section 2020i. 66.0607 (1) of the statutes is amended to read:

SB55-SSA1-CA1,370,20 66.0607 (1) Except as otherwise provided in subs. (2) to (5) and in s. 66.0608, in a county, city, village, town, or school district, all disbursements from the treasury shall be made by the treasurer upon the written order of the county, city, village, town, or school clerk after proper vouchers have been filed in the office of the clerk. If the statutes provide for payment by the treasurer without an order of the clerk, the clerk shall draw and deliver to the treasurer an order for the payment before or at the time that the payment is required to be made by the treasurer. This section applies to all special and general provisions of the statutes relative to the disbursement of money from the county, city, village, town, or school district treasury except s. 67.10 (2).

SB55-SSA1-CA1, s. 2020ic Section 2020ic. 66.0608 of the statutes is created to read:

SB55-SSA1-CA1,370,24 66.0608 Separate accounts for municipal fire, emergency medical technician, and first responder volunteer funds. (1) Definitions. In this section:

SB55-SSA1-CA1,371,1 (a) "Emergency medical technician" has the meaning given in s. 146.50 (1) (e).

SB55-SSA1-CA1,371,6 (b) "Emergency medical technician volunteer funds" means funds of a municipality that are raised by employees of the municipality's emergency medical technician department, by volunteers, or by donation to the emergency medical technician department, for the benefit of the municipality's emergency medical technician department.

SB55-SSA1-CA1,371,9 (c) "Fire volunteer funds" means funds of a municipality that are raised by employees of the municipality's fire department, by volunteers, or by donation to the fire department, for the benefit of the municipality's fire department.

SB55-SSA1-CA1,371,10 (d) "First responder" has the meaning given in s. 146.53 (1) (d).

SB55-SSA1-CA1,371,14 (e) "First responder volunteer funds" means funds of a municipality that are raised by employees of the municipality's first responder department, by volunteers, or by donation to the first responder department, for the benefit of the municipality's first responder department.

SB55-SSA1-CA1,371,15 (f) "Municipality" means any city, village, or town.

SB55-SSA1-CA1,371,16 (g) "Public depository" has the meaning given in s. 34.01 (5).

SB55-SSA1-CA1,371,18 (h) "Volunteer funds" means emergency medical technician volunteer funds, fire volunteer funds, or first responder volunteer funds.

SB55-SSA1-CA1,371,20 (2) General authority. Subject to subs. (3) and (4), the governing body of a municipality may enact an ordinance that does all of the following:

SB55-SSA1-CA1,372,2 (a) Authorizes a particular official or employee of the municipality's fire department, emergency medical technician department, or first responder department to deposit volunteer funds of the department for which the individual serves as an official or employee, in an account in the name of the fire department, emergency medical technician department, or first responder department, in a public depository.

SB55-SSA1-CA1,372,7 (b) Gives the municipality's fire department, emergency medical technician department, or first responder department, through the official or employee described under par. (a), exclusive control over the expenditure of volunteer funds of the department for which the individual serves as an official or employee in an account described under par. (a).

SB55-SSA1-CA1,372,9 (3) Limitations, requirements. An ordinance enacted under sub. (2) may include any of the following limitations or requirements:

SB55-SSA1-CA1,372,11 (a) A limit on the type and amount of funds that may be deposited into the account described under sub. (2) (a).

SB55-SSA1-CA1,372,14 (b) A limit on the amount of withdrawals from the account described under sub. (2) (a) that may be made, and a limit on the purposes for which such withdrawals may be made.

SB55-SSA1-CA1,372,16 (c) Reporting and audit requirements that relate to the account described under sub. (2) (a).

SB55-SSA1-CA1,372,19 (4) Ownership of funds. Notwithstanding an ordinance enacted under sub. (2), volunteer funds shall remain the property of the municipality until the funds are disbursed.".

SB55-SSA1-CA1,372,20 995. Page 680, line 5: after that line insert:

SB55-SSA1-CA1,372,21 " Section 2022s. 66.0316 of the statutes is created to read: