Amendment SA2-SSA1-SB55

SB55-SSA1-SA2,235,7 " Section 2003t. 60.47 (7) of the statutes is created to read:

SB55-SSA1-SA2,235,12 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-SA2, s. 2003up Section 2003up. 61.55 of the statutes is renumbered 61.55 (1) and amended to read:

SB55-SSA1-SA2,235,20 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-SA2,236,4 (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-SA2, s. 2003uq Section 2003uq. 61.55 (3) of the statutes is created to read:

SB55-SSA1-SA2,236,9 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-SA2, s. 2003vp Section 2003vp. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended to read:

SB55-SSA1-SA2,236,18 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-SA2,236,23 (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-SA2, s. 2003vq Section 2003vq. 62.15 (1) (c) of the statutes is created to read:

SB55-SSA1-SA2,237,4 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-SA2,237,5 874. Page 669, line 17: after that line insert:

SB55-SSA1-SA2,237,6 " Section 2003v. 60.24 (3) (a) of the statutes is amended to read:

SB55-SSA1-SA2,237,10 60.24 (3) (a) Nominate individuals for service as election officials to the town board whenever the town board disapproves the nominee of a party committee under s. 7.30 (4) and the names of additional nominees are not available or whenever the town board determines to appoint reserve inspectors under s. 7.30 (1).".

SB55-SSA1-SA2,237,11 875. Page 669, line 17: after that line insert:

SB55-SSA1-SA2,237,12 " Section 2003v. 62.13 (5) (c) of the statutes is amended to read:

SB55-SSA1-SA2,237,20 62.13 (5) (c) A subordinate may be suspended for just cause, as described in par. (em), by the chief or the board as a penalty. The chief shall file a report of such the suspension with the commission immediately upon issuing the suspension. No hearing on such the suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the chief requests a hearing before the board or before an arbitrator appointed by the Wisconsin employment relations commission, the chief shall be required to file the charges with the board or arbitrator upon which such suspension was based.

SB55-SSA1-SA2, s. 2003vb Section 2003vb. 62.13 (5) (d) of the statutes is amended to read:

SB55-SSA1-SA2,238,6 62.13 (5) (d) Following the filing of charges in any case, a copy thereof shall be served upon the person charged. The board shall set date for hearing not less than 10 days nor more than 30 days following service of charges. The hearing on the charges shall be public, and both the accused and the complainant may be represented by an attorney and may compel the attendance of witnesses by subpoenas which shall be issued by the president of the board on request and be served as are subpoenas under ch. 885. The board or arbitrator shall render a final decision on the charges no later than 180 days after the date on which the hearing commences.

SB55-SSA1-SA2, s. 2003vd Section 2003vd. 62.13 (5) (e) of the statutes is amended to read:

SB55-SSA1-SA2,238,12 62.13 (5) (e) If the board determines that the charges are not sustained, the accused, if suspended, shall be immediately reinstated and all lost pay restored. If the board determines that the charges are sustained, the accused, by order of the board, may be suspended or reduced in rank, or suspended and reduced in rank, or removed, as the good of the service may require.

SB55-SSA1-SA2, s. 2003vf Section 2003vf. 62.13 (5) (em) (intro.) of the statutes is amended to read:

SB55-SSA1-SA2,238,19 62.13 (5) (em) (intro.) No subordinate may be suspended, reduced in rank, suspended and reduced in rank, or removed by the board under par. (e), based on charges filed by the board, members of the board, an aggrieved person or the chief under par. (b), unless the board determines whether there is just cause, as described in this paragraph, to sustain the charges. In making its determination, the board or arbitrator shall apply the following standards, to the extent applicable:

SB55-SSA1-SA2, s. 2003vh Section 2003vh. 62.13 (5) (g) of the statutes is amended to read:

SB55-SSA1-SA2,238,23 62.13 (5) (g) Further rules for the administration of this subsection may be made by the board or collectively bargained with the representative of the collective bargaining unit of which subordinates are members.

SB55-SSA1-SA2, s. 2003vj Section 2003vj. 62.13 (5) (i) of the statutes is amended to read:

SB55-SSA1-SA2,239,19 62.13 (5) (i) Any If any person is suspended, reduced, suspended and reduced, or removed by the board, the person or any labor organization that represents such a person may appeal from the order of the board to the circuit court by serving written notice of the appeal on the secretary of the board within 10 days after the order is filed or by filing a motion with the circuit court under s. 788.13. Within 5 days after receiving written notice of the appeal, the board or arbitrator shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall upon application of the accused or of the board fix a date of trial, which shall not be later than 15 days after such application except by agreement. The trial shall be by the court and upon the return of the board, except that the court may require further return or the taking and return of further evidence by the board. The question to be determined by the court shall be: Upon the evidence is there just cause, as described under par. (em), to sustain the charges against the accused? No costs shall be allowed either party and the clerk's fees shall be paid by the city. If the order of the board is reversed, the accused shall be forthwith reinstated and entitled to pay as though in continuous service. If the order of the board is sustained it shall be final and conclusive.".

SB55-SSA1-SA2,239,20 876. Page 669, line 18: after that line insert:

SB55-SSA1-SA2,239,21 " Section 2004e. 62.51 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,240,8 62.51 (1) (a) "Public office" means the following positions or their equivalent: city engineer; city comptroller; city purchasing agent; commissioner of building inspection, of city development, of health, or of public works; director of administration, of budget and management, of community development agency, of employee relations, of office of telecommunications, or of safety; emergency management coordinator; employee benefits administrator; executive director of the commission on community relations; municipal port director; commissioner of assessments; director of liaison; city personnel director; executive director of the retirement board; executive director of the city board of election commissioners; city librarian; city labor negotiator; executive secretary of the board of fire and police commissioners; and supervisor of the central electronics board.".

SB55-SSA1-SA2,240,9 877. Page 676, line 9: after that line insert:

SB55-SSA1-SA2,240,10 " Section 2014mn. 66.0137 (4) of the statutes is amended to read:

SB55-SSA1-SA2,240,16 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (14) (15), 632.896 , and 767.25 (4m) (d).".

SB55-SSA1-SA2,240,18 878. Page 677, line 19: delete the material beginning with that line and ending with page 678, line 10.

SB55-SSA1-SA2,240,19 879. Page 678, line 16: delete "may" and substitute "may".

SB55-SSA1-SA2,240,20 880. Page 678, line 17: delete "shall".

SB55-SSA1-SA2,240,21 881. Page 678, line 19: delete "states whether".

SB55-SSA1-SA2,240,22 882. Page 678, line 19: delete "in the public interest or".

SB55-SSA1-SA2,240,23 883. Page 678, line 20: delete "is against" and substitute "against".

SB55-SSA1-SA2,241,1 884. Page 678, line 21: delete "in or".

SB55-SSA1-SA2,241,2 885. Page 680, line 5: after that line insert:

SB55-SSA1-SA2,241,3 " Section 2021. 66.0627 (title) of the statutes is amended to read:

SB55-SSA1-SA2,241,4 66.0627 (title) Special charges for current services.

SB55-SSA1-SA2, s. 2022 Section 2022. 66.0627 (2) of the statutes is amended to read:

SB55-SSA1-SA2,241,11 66.0627 (2) Except as provided in sub. (5), the governing body of a city, village or town may impose a special charge against real property for current services that are available, regardless of whether the services are actually rendered, by allocating all or part of the cost of the service to the property that is served or that is eligible to be served. The authority under this section is in addition to any other method provided by law.

SB55-SSA1-SA2, s. 2023 Section 2023. 66.0707 (2) of the statutes is amended to read:

SB55-SSA1-SA2,241,20 66.0707 (2) A city, village or town may impose a special charge under s. 66.0627 against real property in an adjacent city, village or town that is served by current services that are available, regardless of whether the services are actually rendered by the municipality imposing the special charge if the municipality in which the property is located approves the imposition by resolution. The owner of the property is entitled to the use and enjoyment of the service for which the special charge is imposed on the same conditions as the owner of property within the city, village or town.".

SB55-SSA1-SA2,241,21 886. Page 680, line 5: after that line insert:

SB55-SSA1-SA2,241,22 " Section 2020s. 66.0501 (4) of the statutes is amended to read:

SB55-SSA1-SA2,242,3 66.0501 (4) Compatible offices and positions. A volunteer fire fighter, emergency medical technician or first responder in a city, village or town whose annual compensation, including fringe benefits, does not exceed $2,500 the amount specified in s. 946.13 (2) (a) may also hold an elected elective office in that city, village or town.".

SB55-SSA1-SA2,242,4 887. Page 680, line 5: after that line insert:

SB55-SSA1-SA2,242,5 " Section 2019t. 66.0301 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,242,17 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 the Milwaukee County child welfare district under s. 48.562.".

SB55-SSA1-SA2,242,18 888. Page 680, line 5: after that line insert:

SB55-SSA1-SA2,242,19 " Section 2026k. 66.0901 (6) of the statutes is amended to read:

SB55-SSA1-SA2,243,10 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-SA2,243,11 889. Page 680, line 5: after that line insert:

SB55-SSA1-SA2,243,12 " Section 2020n. 66.0301 (1) (a) of the statutes is amended to read:

SB55-SSA1-SA2,243,24 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-SA2,244,1 890. Page 681, line 7: after that line insert:

SB55-SSA1-SA2,244,2 " Section 2026nz. 66.0903 (3) (am) of the statutes is amended to read:

SB55-SSA1-SA2,244,17 66.0903 (3) (am) A local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract, for the erection, construction, remodeling, repairing or demolition of any project of public works, including a highway, street or bridge construction project, shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work contemplated. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. In defining those trades or occupations, the department may not define swimming pool installer as a separate trade or occupation for purposes of determining the prevailing wage rates for the trades or occupations that are commonly employed in the construction of swimming pools. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting local governmental unit.".

SB55-SSA1-SA2,244,18 891. Page 682, line 10: delete lines 10 to 22.

SB55-SSA1-SA2,244,19 892. Page 682, line 22: after that line insert:

SB55-SSA1-SA2,244,20 " Section 2029sb. 66.1105 (2) (f) 3. of the statutes is amended to read:

SB55-SSA1-SA2,245,2 66.1105 (2) (f) 3. Notwithstanding subd. 1., project costs may not include any expenditures made or estimated to be made or monetary obligations incurred or estimated to be incurred by the city for newly platted residential development for any tax incremental district for which a project plan is approved after September 30, 1995, or for which an amendment of a project plan is approved after the effective date of this subdivision .... [revisor inserts date].

SB55-SSA1-SA2, s. 2029sc Section 2029sc. 66.1105 (2) (i) of the statutes is amended to read:

SB55-SSA1-SA2,245,16 66.1105 (2) (i) "Tax increment" means that amount obtained by multiplying the total county, city, school and other local general property taxes levied on all taxable property within a tax incremental district in a year by a fraction having as a numerator the value increment for that year in the district and as a denominator that year's equalized value of all taxable property in the district. In any year, a tax increment is "positive" if the value increment is positive; it is "negative" if the value increment is negative. With regard to a tax incremental district that has been declared an industrial district under sub. (4) (gm) 6., the calculation under this paragraph may not include the value of any residential property and may not include the value of any improved property on which more than 35% of the improved square footage is devoted to retail operations, including any storage areas or warehouses that contain merchandise that could be sold on-site at retail as part of an on-site retail operation.

SB55-SSA1-SA2, s. 2029sd Section 2029sd. 66.1105 (2) (j) of the statutes is amended to read:

SB55-SSA1-SA2,246,3 66.1105 (2) (j) "Tax incremental base" means the aggregate value, as equalized by the department of revenue, of all taxable property located within a tax incremental district on the date as of which the district is created, determined as provided in sub. (5) (b). The base of districts created before October 1, 1980, does not include the value of property exempted under s. 70.111 (17). With regard to a tax incremental district that has been declared an industrial district under sub. (4) (gm) 6., the calculation under this paragraph may not include the value of any residential property and may not include the value of any improved property on which more than 35% of the improved square footage is devoted to retail operations, including any storage areas or warehouses that contain merchandise that could be sold on-site at retail as part of an on-site retail operation.

SB55-SSA1-SA2, s. 2029se Section 2029se. 66.1105 (3) (g) of the statutes is created to read:

SB55-SSA1-SA2,246,10 66.1105 (3) (g) Create a standing joint review board that may remain in existence for the entire time that any tax incremental district exists in the city. All of the provisions that apply to a joint review board that is convened under sub. (4m) (a) apply to a standing joint review board that is created under this paragraph. A city may disband a joint review board that is created under this paragraph at any time.

SB55-SSA1-SA2, s. 2029sf Section 2029sf. 66.1105 (4) (gm) 1. of the statutes is amended to read:

SB55-SSA1-SA2,247,8 66.1105 (4) (gm) 1. Describes the boundaries, which may, but need not, be the same as those recommended by the planning commission, of a tax incremental district with sufficient definiteness to identify with ordinary and reasonable certainty the territory included in the district. The boundaries of the tax incremental district may not include any territory that was not within the boundaries of the city on January 1, 2000, unless 3 years have elapsed since the territory was annexed by the city or unless the city enters into a cooperative plan boundary agreement, under s. 66.0307, with the town from which the territory was annexed. If the city enters into a cooperative plan boundary agreement under s. 66.0307 with the town, the city may compensate the town for tax revenues lost by the town as a result of annexation. The boundaries shall include only those whole units of property as are assessed for general property tax purposes. Property standing vacant for an entire 7-year period immediately preceding adoption of the resolution creating a tax incremental district may not comprise more than 25% of the area in the tax incremental district, unless the tax incremental district is suitable for industrial sites under subd. 4. a. and the local legislative body implements an approved project plan to promote industrial development within the meaning of s. 66.1101. In this subdivision, "vacant property" includes property where the fair market value or replacement cost value of structural improvements on the parcel is less than the fair market value of the land. In this subdivision, "vacant property" does not include property acquired by the local legislative body under ch. 32 or property included within the abandoned Park East freeway corridor or the abandoned Park West freeway corridor in Milwaukee County.

SB55-SSA1-SA2, s. 2029sg Section 2029sg. 66.1105 (4) (gm) 4. c. of the statutes is amended to read:

SB55-SSA1-SA2,247,17 66.1105 (4) (gm) 4. c. Either the equalized value of taxable property of the district plus all existing districts does not exceed 7% of the total equalized value of taxable property within the city or the equalized value of taxable property of the district plus the value increment of all existing districts within the city does not exceed 5% of the total equalized value of taxable property within the city. The calculations required under this subd. 4. c. shall be based on the most recent values of taxable property of the district that are certified by the department of revenue as of the year in which a resolution is adopted under this paragraph.

SB55-SSA1-SA2, s. 2029sh Section 2029sh. 66.1105 (4) (gm) 6. of the statutes is created to read:

SB55-SSA1-SA2,247,24 66.1105 (4) (gm) 6. Declares that the district is a blighted area district, a rehabilitation or conservation district, or an industrial district, based on the identification and classification of the property included within the district under par. (c) and subd. 4. a. If the district is not exclusively blighted, rehabilitation or conservation, or industrial, the declaration under this subdivision shall be based on which classification is predominant with regard to the area described in subd. 4. a.

SB55-SSA1-SA2, s. 2029si Section 2029si. 66.1105 (4) (h) 2. of the statutes is amended to read:

SB55-SSA1-SA2,248,11 66.1105 (4) (h) 2. Except as provided in subds. 3. and 4., not more than once during the 10 years after the creation of a tax incremental district that was created before October 1, 1995 or 7 years after the date on which any other 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 subtracting territory from the district or 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.

SB55-SSA1-SA2, s. 2029sj Section 2029sj. 66.1105 (4m) (a) of the statutes is amended to read:

SB55-SSA1-SA2,249,10 66.1105 (4m) (a) Any city that seeks to create a tax incremental district or amend a project plan shall convene a temporary joint review board under this paragraph, or a standing joint review board under sub. (3) (g), to review the proposal. The Except as provided in par. (am), the board shall consist of one representative chosen by the school district that has power to levy taxes on the property within the tax incremental district, one representative chosen by the technical college district that has power to levy taxes on the property within the tax incremental district, one representative chosen by the county that has power to levy taxes on the property within the tax incremental district, one representative chosen by the city and one public member. If more than one school district, more than one union high school district, more than one elementary school district, more than one technical college district or more than one county has the power to levy taxes on the property within the tax incremental district, the unit in which is located property of the tax incremental district 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 before the public hearing under sub. (4) (a) or (h) 1. is held. All board members shall be appointed and the first board meeting held within 14 days after the notice is published under sub. (4) (a) or (h) 1. Additional meetings of the board shall be held upon the call of any member. The city that seeks to create the tax incremental district or to amend its project plan shall provide administrative support for the board. By majority vote, the board may disband following approval or rejection of the proposal, unless the board is a standing board that is created by the city under sub. (3) (g).

SB55-SSA1-SA2, s. 2029sk Section 2029sk. 66.1105 (4m) (am) of the statutes is created to read:

SB55-SSA1-SA2,249,19 66.1105 (4m) (am) If a city seeks to create a tax incremental district that is located in a union high school district, the seat that is described under par. (a) for the school board representative to the board shall be held by 2 representatives, each of whom has one-half of a vote. One representative shall be chosen by the union high school district that has the power to levy taxes on the property within the tax incremental district and one representative shall be chosen by the elementary school district that has the power to levy taxes on the property within the tax incremental district.

SB55-SSA1-SA2, s. 2029sL Section 2029sL. 66.1105 (4m) (b) 2. of the statutes is amended to read:

SB55-SSA1-SA2,250,3 66.1105 (4m) (b) 2. Except as provided in subd. 2m. and subject to subd. 4., no tax incremental district may be created and no project plan may be amended unless the board approves the resolution adopted under sub. (4) (gm) or (h) 1. by a majority vote not less than 10 days nor more than 30 14 days after receiving the resolution. The board may not approve the resolution under this subdivision unless the board's approval contains a positive assertion that, in its judgment, the development described in the documents the board has reviewed under subd. 1. would not occur without the creation of a tax incremental district.

SB55-SSA1-SA2, s. 2029sm Section 2029sm. 66.1105 (4m) (b) 2m. of the statutes is amended to read:

SB55-SSA1-SA2,250,11 66.1105 (4m) (b) 2m. The requirement under subd. 2. that a vote by the board take place not less than 10 days nor more than 30 14 days after receiving a resolution does not apply to a resolution amending a project plan under sub. (4) (h) 1. if the resolution relates to a tax incremental district, the application for the redetermination of the tax incremental base of which was made in 1998, that is located in a village that was incorporated in 1912, has a population of at least 3,800 and is located in a county with a population of at least 108,000.