SB40: Bill Text

SB40, s. 1877 Section 1877. 66.0601 (1) (b) of the statutes is amended to read:

SB40,852,12 66.0601 (1) (b) Payments for abortions restricted. No city, village, town, family long-term care district under s. 46.2895 or agency or subdivision of a city, village or town may authorize funds for or pay to a physician or surgeon or a hospital, clinic or other medical facility for the performance of an abortion except those permitted under and which are performed in accordance with s. 20.927.

SB40, s. 1878 Section 1878. 66.0601 (1) (c) of the statutes is amended to read:

SB40,852,18 66.0601 (1) (c) Payments for abortion-related activity restricted. No city, village, town, family long-term care district under s. 46.2895 or agency or subdivision of a city, village or town may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if s. 20.9275 (2) applies to the pregnancy program, project or service.

SB40, s. 1879 Section 1879. 66.0602 (1) (am) of the statutes is created to read:

SB40,852,22 66.0602 (1) (am) "Joint fire department" means a joint fire department organized under s. 61.65 (2) (a) 3. or 62.13 (2m), or a joint fire department organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2).

SB40, s. 1880 Section 1880. 66.0602 (1) (b) of the statutes is amended to read:

SB40,853,3 66.0602 (1) (b) "Penalized excess" means the levy, in an amount that is at least $500 over the limit under sub. (2) for the political subdivision, not including any amount that is excepted from the limit under subs. (3), (4), and (5).

SB40, s. 1881 Section 1881. 66.0602 (1) (d) of the statutes is amended to read:

SB40,853,12 66.0602 (1) (d) "Valuation factor" means a percentage equal to the greater of either 4 percent or the percentage change in the political subdivision's January 1 equalized value due to new construction less improvements removed between the previous year and the current year, but not less than 2. Except as provided in subs. (3), (4), and (5), no political subdivision may increase its levy in any year by a percentage that exceeds the political subdivision's valuation factor. In determining its levy in any year, a city, village, or town shall subtract any tax increment that is calculated under s. 60.85 (1) (L) or 66.1105 (2) (i).

SB40, s. 1882 Section 1882. 66.0602 (2) of the statutes is created to read:

SB40,853,20 66.0602 (2) Levy limit. Except as provided in subs. (3), (4), and (5), no political subdivision may increase its levy in 2007 or 2008 by a percentage that exceeds the political subdivision's valuation factor. The base amount in any year, to which the limit under this section applies, shall be the maximum allowable levy for the immediately preceding year. In determining its levy in any year, a city, village, or town shall subtract any tax increment that is calculated under s. 60.85 (1) (L) or 66.1105 (2) (i).

SB40, s. 1883 Section 1883. 66.0602 (3) (d) 3. of the statutes is created to read:

SB40,854,3 66.0602 (3) (d) 3. The limit otherwise applicable under this section does not apply to amounts levied by a county having a population of 500,000 or more for the payment of debt service on appropriation bonds issued under s. 59.85, including debt service on appropriation bonds issued to fund or refund outstanding appropriation bonds of the county, to pay related issuance costs or redemption premiums, or to make payments with respect to agreements or ancillary arrangements authorized under s. 59.86.

SB40, s. 1884 Section 1884. 66.0602 (3) (e) of the statutes is renumbered 66.0602 (3) (e) (intro.) and amended to read:

SB40,854,8 66.0602 (3) (e) (intro.) The limit otherwise applicable under this section does not apply to the amount that a county levies in that year for a county children with disabilities education board. any of the following:

SB40, s. 1885 Section 1885. 66.0602 (3) (e) 1. of the statutes is created to read:

SB40,854,11 66.0602 (3) (e) 1. The amount that a county levies in that year for a county children with disabilities education board.

SB40, s. 1886 Section 1886. 66.0602 (3) (e) 2. of the statutes is created to read:

SB40,854,14 66.0602 (3) (e) 2. The amount that a 1st class city levies in that year for school purposes.

SB40, s. 1887 Section 1887. 66.0602 (3) (e) 3. of the statutes is created to read:

SB40,854,17 66.0602 (3) (e) 3. The amount that a county levies in that year under s. 82.08 (2) for bridge and culvert construction and repair.

SB40, s. 1888 Section 1888. 66.0602 (3) (e) 4. of the statutes is created to read:

SB40,854,20 66.0602 (3) (e) 4. The amount that a county levies in that year to make payments to an adjacent county, under s. 43.12 (1), for library services.

SB40, s. 1889 Section 1889. 66.0602 (3) (e) 5. of the statutes is created to read:

SB40,854,24 66.0602 (3) (e) 5. The amount that a political subdivision levies in that year to make up any revenue shortfall for the debt service on a revenue bond issued under s. 66.0621.

SB40, s. 1890 Section 1890. 66.0602 (3) (f) of the statutes is repealed.

SB40, s. 1891 Section 1891. 66.0602 (3) (h) 1. of the statutes is amended to read:

SB40,855,7 66.0602 (3) (h) 1. Subject to subd. 2., the limit otherwise applicable under this section does not apply to the amount that a city, village, or town levies in that year to pay for charges assessed by a joint fire department organized under s. 61.65 (2) (a) 3. or 62.13 (2m), but only to the extent that the amount levied to pay for such charges would cause the city, village, or town to exceed the limit that is otherwise applicable under this section.

SB40, s. 1892 Section 1892. 66.0602 (4) (a) of the statutes is amended to read:

SB40,855,20 66.0602 (4) (a) A political subdivision may exceed the levy increase limit under sub. (2) if its governing body adopts a resolution to that effect and if the resolution is approved in a referendum. The resolution shall specify the proposed amount of increase in the levy beyond the amount that is allowed under sub. (2), and shall specify whether the proposed amount of increase is for the next fiscal year only or if it will apply on an ongoing basis. With regard to a referendum relating to the 2005 levy, or any levy in an odd-numbered year thereafter, the political subdivision may call a special referendum for the purpose of submitting the resolution to the electors of the political subdivision for approval or rejection. With regard to a referendum relating to the 2006 levy, or any levy in an even-numbered year thereafter, the referendum shall be held at the next succeeding spring primary or election or September primary or general election.

SB40, s. 1893 Section 1893. 66.0602 (4) (d) of the statutes is amended to read:

SB40,856,3 66.0602 (4) (d) Within 14 days after the referendum, the clerk of the political subdivision shall certify the results of the referendum to the department of revenue. The levy increase limit otherwise applicable to the political subdivision under this section is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. If the resolution specifies that the increase is for one year only, the amount of the increase shall be subtracted from the base used to calculate the limit for the 2nd succeeding fiscal year.

SB40, s. 1894 Section 1894. 66.0602 (5) of the statutes is amended to read:

SB40,856,13 66.0602 (5) Exception, certain towns. A town with a population of less than 2,000 may exceed the levy increase limit otherwise applicable under this section to the town if the town board adopts a resolution supporting an increase and places the question on the agenda of an annual town meeting or a special town meeting and if the annual or special town meeting adopts a resolution endorsing the town board's resolution. The limit otherwise applicable to the town under this section is increased in the next fiscal year by the percentage approved by a majority of those voting on the question. Within 14 days after the adoption of the resolution, the town clerk shall certify the results of the vote to the department of revenue.

SB40, s. 1895 Section 1895. 66.0602 (6) (intro.) of the statutes is amended to read:

SB40,856,17 66.0602 (6) Penalties. (intro.) If Except as provided in sub. (6m), if the department of revenue determines that a political subdivision has a penalized excess in any year, the department of revenue shall do all of the following:

SB40, s. 1896 Section 1896. 66.0602 (6) (c) of the statutes is amended to read:

SB40,856,21 66.0602 (6) (c) Ensure that the amount of the penalized excess is not included in determining the limit described under sub. (2) for the political subdivision for the following year.

SB40, s. 1897 Section 1897. 66.0602 (6) (d) of the statutes is created to read:

SB40,857,2 66.0602 (6) (d) Ensure that, if a political subdivision's penalized excess exceeds the amount of aid payment that may be reduced under par. (a), the excess amount is subtracted from the aid payments under par. (a) in the following years until the total amount of penalized excess is subtracted from the aid payments.

SB40, s. 1898 Section 1898. 66.0602 (6m) of the statutes is created to read:

SB40,857,7 66.0602 (6m) Mistakes in levies. The department of revenue may issue a finding that a political subdivision is not liable for a penalty that would otherwise be imposed under sub. (6) if the department determines that the political subdivision's penalized excess is caused by one of the following clerical errors:

SB40,857,11 (a) The department, through mistake or inadvertence, has assessed to any county or taxation district, in the current year or in the previous year, a greater or less valuation for any year than should have been assessed, causing the political subdivision's levy to be erroneous in a way that directly causes a penalized excess.

SB40,857,14 (b) A taxation district clerk or a county clerk, through mistake or inadvertence in preparing or delivering the tax roll, causes a political subdivision's levy to be erroneous in a way that directly causes a penalized excess.

SB40, s. 1899 Section 1899. 66.0602 (7) of the statutes is repealed.

SB40, s. 1900 Section 1900. 66.0603 (1m) (e) of the statutes is created to read:

SB40,857,22 66.0603 (1m) (e) Subject to s. 67.11 (2) with respect to funds on deposit in a debt service fund for general obligation promissory notes issued under s. 67.12 (12), a county having a population of 500,000 or more, or a person to whom the county has delegated investment authority under sub. (5), may invest and reinvest in the same manner as is authorized for investments and reinvestments under s. 881.01, any of the following:

SB40,857,23 1. Moneys held in any stabilization fund established under s. 59.87 (3).

SB40,858,2 2. Moneys held in a fund or account, including any reserve fund, created in connection with the issuance of appropriation bonds under s. 59.85 or general obligation promissory notes under s. 67.12 (12) issued to provide funds for the payment of all or a part of the county's unfunded prior service liability.

SB40,858,4 3. Moneys appropriated or held by the county to pay debt service on appropriation bonds or general obligation promissory notes under s. 67.12 (12).

SB40,858,7 4. Moneys constituting proceeds of appropriation bonds or general obligation promissory notes described in subd. 2. that are available for investment until they are spent.

SB40,858,8 5. Moneys held in an employee retirement system of the county.

SB40, s. 1901 Section 1901. 66.0603 (5) of the statutes is created to read:

SB40,858,16 66.0603 (5) Delegation of investment authority in connection with pension financing in populous counties. The governing board of a county having a population of 500,000 or more may delegate investment authority over any of the moneys described in sub. (1m) (e) to any of the following persons, which shall be responsible for the general administration and proper operation of the county's employee retirement system, subject to the board's finding that such person has expertise in the field of investments:

SB40,858,17 (a) A public board that is organized for such purpose under county ordinances.

SB40,858,18 (b) A trustee, investment advisor, or investment banking or consulting firm.

SB40, s. 1902 Section 1902. 66.0615 (1m) (f) 2. of the statutes is amended to read:

SB40,858,24 66.0615 (1m) (f) 2. Sections 77.51 (12m), (14) (c), (f) and (j) and, (14g), (15a), and (15b), 77.52 (3), (4), (6) and (13), (14), (18), and (19), 77.522, 77.58 (1) to (5) , (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (8), (9), and (12) to (14) (15), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the tax described under subd. 1.

SB40, s. 1903 Section 1903. 66.0902 of the statutes is created to read:

SB40,859,1 66.0902 False claims. (1) Definitions. In this section:

SB40,859,2 (a) "Local governmental unit" has the meaning given in s. 66.0131 (1) (a).

SB40,859,5 (b) "Public contract" means a contract for the construction, execution, repair, remodeling, or improvement of a public work or building or for the furnishing of supplies, equipment, material, or professional or contractual services of any kind.

SB40,859,11 (2) Presentation of false claims. Whoever knowingly presents or causes to be presented a false claim for payment under any public contract with a local governmental unit shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the local governmental unit or would have been sustained by the local governmental unit, whichever is greater, as a result of the false claim.

SB40, s. 1904 Section 1904. 66.1017 (1) (a) of the statutes is amended to read:

SB40,859,15 66.1017 (1) (a) "Family day care home" means a dwelling licensed as a day care center by the department of health and family services children and families under s. 48.65 where care is provided for not more than 8 children.

SB40, s. 1905 Section 1905. 66.1105 (6) (g) of the statutes is created to read:

SB40,859,21 66.1105 (6) (g) 1. After the date on which a tax incremental district created by a 1st class city pays off the aggregate of all of its project costs, and notwithstanding the time at which such a district would otherwise be required to terminate under sub. (7), a 1st class city may extend the life of the district for not more than 12 months if the city does all of the following:

SB40,859,23 a. The city enacts an ordinance extending the life of the district for a specified number of months.

SB40,860,3 b. The city forwards a copy of the ordinance to the department of revenue, notifying the department that it must continue to authorize the allocation of tax increments to the district under par. (a).

SB40,860,9 2. If the department of revenue receives a notice described under subd. 1. b., it shall continue authorizing the allocation of tax increments to the district under par. (a) during the district's life, as extended by the city, as if the district's costs had not been paid off and without regard to whether any of the time periods specified in par. (a) 2. to 8. would otherwise require terminating the allocation of such increments.

SB40,860,13 3. If a city receives tax increments as described in subd. 2., the city may use up to 75 percent of the increments received to benefit affordable housing in the city. The remaining portion of the increments shall be used by the city to improve the city's housing stock.

SB40, s. 1906 Section 1906. 66.1113 (2) (a) of the statutes is amended to read:

SB40,860,20 66.1113 (2) (a) The governing body of a political subdivision, by a two-thirds vote of the members of the governing body who are present when the vote is taken, may enact an ordinance or adopt a resolution declaring itself or, in the case of par. (i), a part of itself to be a premier resort area if, except as provided in pars. (e), (f), (g), and (h), and (i), at least 40% of the equalized assessed value of the taxable property within such political subdivision is used by tourism-related retailers.

SB40, s. 1907 Section 1907. 66.1113 (2) (i) of the statutes is created to read:

SB40,861,4 66.1113 (2) (i) A 1st class city may enact an ordinance or adopt a resolution declaring a specified part of itself to be a premier resort area under par. (a), even if less than 40 percent of the equalized assessed value of the taxable property within the specified area of the city is used by tourism-related retailers. A 1st class city that acts under this paragraph and imposes the tax described under par. (b) may spend the proceeds of the tax only for infrastructure expenses within the specified area. An ordinance enacted or a resolution adopted under this paragraph may take effect only if all of the following apply:

SB40,861,5 1. The territory in the specified area is contiguous.

SB40,861,6 2. The specified area does not exceed 4 square miles.

SB40,861,8 3. The territory in the specified area corresponds to 9-digit zip code areas, as determined by the United States Postal Service.

SB40, s. 1908 Section 1908. 66.1333 (5) (a) 3. of the statutes is amended to read:

SB40,862,15 66.1333 (5) (a) 3. Within the boundaries of the city, acquire by purchase, lease, eminent domain, or otherwise, any real or personal property or any interest in the property, together with any improvements on the property, necessary or incidental to a redevelopment or urban renewal project; hold, improve, clear or prepare for redevelopment or urban renewal any of the property; sell, lease, subdivide, retain or make available the property for the city's use; mortgage or otherwise encumber or dispose of any of the property or any interest in the property; enter into contracts with redevelopers of property containing covenants, restrictions and conditions regarding the use of the property in accordance with a redevelopment or urban renewal plan, and other covenants, restrictions and conditions that the authority considers necessary to prevent a recurrence of blighted areas or to effectuate the purposes of this section; make any restrictions, conditions or covenants running with the land and provide appropriate remedies for their breach; arrange or contract for the furnishing of services, privileges, works or facilities for, or in connection with a project; temporarily operate and maintain real property acquired by it in a project area for or in connection with a project pending the disposition of the property for uses and purposes that may be deemed desirable even though not in conformity with the redevelopment plan for the area; within the boundaries of the city, enter into any blighted property, or building or property in any project area, in order to make inspections, surveys, appraisals, soundings or test borings, and obtain a court order for this purpose if entry is denied or resisted; own and hold property and insure or provide for the insurance of any real or personal property or any of its operations against any risks or hazards, including paying premiums on any insurance; invest any project funds held in reserves or sinking funds or the funds not required for immediate disbursement in property or securities in which savings banks may legally invest funds subject to their control; redeem its bonds issued under this section at the redemption price established in the bonds or purchase the bonds at less than redemption price, all bonds so redeemed or purchased to be canceled; develop, test and report methods and techniques, and carry out demonstrations and other activities, for the prevention and elimination of slums and blight; and disseminate blight elimination, slum clearance and urban renewal information.

SB40, s. 1909 Section 1909. 67.01 (9) (intro.) of the statutes is amended to read:

SB40,862,18 67.01 (9) (intro.) This chapter is not applicable to appropriation bonds issued by a county under s. 59.85 and, except ss. 67.08 (1), 67.09 and 67.10, is not applicable:

SB40, s. 1910 Section 1910. 67.04 (5) (b) 4. of the statutes is amended to read:

SB40,862,23 67.04 (5) (b) 4. To pay unfunded prior service liability contributions under the Wisconsin retirement system, or to pay unfunded prior service liability with respect to an employee retirement system, if all of the net proceeds of the note will be used to pay for such contributions or payments.

SB40, s. 1911 Section 1911. 67.045 (1) (g) of the statutes is created to read:

SB40,863,3 67.045 (1) (g) The debt is issued by a county having a population of 500,000 or more to pay unfunded prior service liability with respect to an employee retirement system.

SB40, s. 1912 Section 1912. 67.12 (12) (a) of the statutes is amended to read:

SB40,863,14 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. 119.498, 145.245 (12m), 281.58, 281.59, 281.60, and 281.61, or issued to raise funds to pay a portion of the capital costs of a metropolitan sewerage district, or issued by a county having a population of 500,000 or more to pay unfunded prior service liability with respect to an employee retirement system shall be repaid within 20 years after the original date of the note.