62.622 Employee retirement system liability financing in 1st class cities; additional powers. (1) Definitions. In this section:
(a) "City" means a 1st class city.
(b) "Common council" means the common council of a city.
(c) "Pension funding plan" means a strategic and financial plan related to the payment of all or part of a city's unfunded prior service liability with respect to an employee retirement system.
(d) "Trust" means a common law trust organized under the laws of this state, by the city, as settlor, pursuant to a formal, written, declaration of trust.
(2) Special financing entities, funds, and accounts. (a) To facilitate a pension funding plan and in furtherance thereof, a common council may create one or more of the following:
1. A trust.
2. A nonstock corporation under ch. 181.
3. A limited liability company under ch. 183.
4. A special fund or account of the city.
(b) An entity described under par. (a) has all of the powers provided to it under applicable law and the documents pursuant to which it is created and established. The powers shall be construed broadly in favor of effectuating the purposes for which the entity is created. A city may appropriate funds to such entities and to such funds and accounts, under terms and conditions established by the common council, consistent with the purposes for which they are created and established.
(3) Stabilization funds. (a) To facilitate a pension funding plan a common council may establish a stabilization fund. Any such fund may be created as a trust, a special fund or account of the city established by a separate resolution or ordinance, or a fund or account created under an authorizing resolution or trust indenture in connection with the authorization and issuance of appropriation bonds under s. 62.62 or general obligation promissory notes under s. 67.12 (12). A city may appropriate funds for deposit to a stabilization fund established under this subsection.
(b) Moneys in a stabilization fund established under this subsection may be used, subject to annual appropriation by the common council, solely to pay principal or interest on appropriation bonds issued under s. 62.62 and general obligation promissory notes under s. 67.12 (12) issued in connection with a pension funding plan, for the redemption or repurchase of such appropriation bonds or general obligation promissory notes, to make payments under any agreement or ancillary arrangement entered into under s. 62.621 with respect to such appropriation bonds or general obligation promissory notes, or to pay annual pension costs other than normal costs. Moneys on deposit in a stabilization fund may not be subject to any claims, demands, or actions by, or transfers or assignments to, any creditor of the city, any beneficiary of the city's employee retirement system, or any other person, on terms other than as may be established in the resolution or ordinance creating the stabilization fund. Moneys on deposit in a stabilization fund established under this subsection may be invested and reinvested in the manner directed by the common council or pursuant to delegation by the common council as provided under s. 66.0603 (5).
28,1463
Section
1463. 62.67 of the statutes is amended to read:
62.67 Uninsured motorist coverage; 1st class cities. A 1st class city shall provide uninsured motorist motor vehicle liability insurance coverage for motor vehicles owned by the city and operated by city employees in the course of employment. The coverage required by this section shall have at least the limits prescribed for uninsured motorist coverage under s. 632.32 (4) (a) 1.
63.03 (2) (r) All staff performing services for the Milwaukee County enrollment services unit under s. 49.825 or for the child care provider services unit under s. 49.826.
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), (5), and (6), 632.885, 632.895 (9) to (16) (17), 632.896, and 767.513 (4).
28,1464
Section
1464. 66.0137 (5) of the statutes is renumbered 66.0137 (5) (b) and amended to read:
66.0137 (5) (b) The state or a local governmental unit may provide for the payment of premiums for hospital, surgical and other health and accident insurance and life insurance for employees and officers and, their spouses and dependent children, and their domestic partner under ch. 770 and dependent children. A local governmental unit may also provide for the payment of premiums for hospital and surgical care for its retired employees. In addition, a local governmental unit may, by ordinance or resolution, elect to offer to all of its employees a health care coverage plan through a program offered by the group insurance board under ch. 40. A local governmental unit that elects to participate under s. 40.51 (7) is subject to the applicable sections of ch. 40 instead of this subsection.
28,1465
Section
1465. 66.0137 (5) (a) of the statutes is created to read:
66.0137 (5) (a) In this subsection, "local governmental unit" includes the school district operating under ch. 119.
28,1466
Section
1466. 66.0301 (1) (a) of the statutes is amended to read:
66.0301 (1) (a) Except as provided in pars. (b) and (c), 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, transit authority created under s. 66.1039, long-term 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, regional planning commission, or city-county health department.
28,1467
Section
1467. 66.0307 (7m) of the statutes is amended to read:
66.0307 (7m) Zoning in town territory. If a town is a party to a cooperative plan with a city or village, the town and city or village may agree, as part of the cooperative plan, to authorize the town, city or village to adopt a zoning ordinance under s. 60.61, 61.35 or 62.23 for all or a portion of the town territory covered by the plan. The exercise of zoning authority by a town under this subsection is not subject to s. 60.61 (3) or 60.62 (3). If a county zoning ordinance applies to the town territory covered by the plan, that ordinance and amendments to it continue until a zoning ordinance is adopted under this subsection. If a zoning ordinance is adopted under this subsection, that zoning ordinance continues in effect after the planning period ceases until a different zoning ordinance for the territory is adopted under other applicable law. This subsection does not affect zoning ordinances adopted under ss. s. 59.692,
or 87.30 or 91.71 to 91.78 ch. 91.
28,1468
Section
1468. 66.0602 (1) (b) of the statutes is amended to read:
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).
28,1469
Section
1469. 66.0602 (1) (d) of the statutes is amended to read:
66.0602 (1) (d) "Valuation factor" means a percentage equal to the greater of either 2 3 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. Except as provided, 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).
28,1470
Section
1470. 66.0602 (2) of the statutes is amended to read:
66.0602 (2) Levy limit. Except as provided, no political subdivision may increase its levy in 2007 by a percentage that exceeds the political subdivision's valuation factor or 3.86 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. 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. 59.57 (3) (a), 60.85 (1) (L), or 66.1105 (2) (i). The base amount in any year, to which the limit under this section applies, may not include any amount to which sub. (3) (e) 8. applies.
28,1470s
Section 1470s. 66.0602 (3) (cm) of the statutes is created to read:
66.0602 (3) (cm) If a political subdivision's allowable levy under this section in 2007 was greater than its actual levy in 2007, the levy increase limit otherwise applicable under this section to the political subdivision in 2009 is increased by the difference between these 2 amounts, as determined by the department of revenue. In calculating a political subdivision's actual levy for 2007, the department may not include amounts that are excluded from the limit under pars. (d) 2. and 3., (e), and (h).
28,1471
Section
1471. 66.0602 (3) (d) 5. of the statutes is created to read:
66.0602 (3) (d) 5. The limit otherwise applicable under this section does not apply to amounts levied by a 1st class city for the payment of debt service on appropriation bonds issued under s. 62.62, including debt service on appropriation bonds issued to fund or refund outstanding appropriation bonds of the city, to pay related issuance costs or redemption premiums, or to make payments with respect to agreements or ancillary arrangements authorized under s. 62.621.
28,1471m
Section 1471m. 66.0602 (3) (e) 8. of the statutes is created to read:
66.0602 (3) (e) 8. The amount that a political subdivision levies in that year to pay the unreimbursed expenses related to an emergency declared under s. 166.03 (1) (b) 1., including any amounts levied in that year to replenish cash reserves that were used to pay any unreimbursed expenses related to that emergency. A levy under this subdivision that relates to a particular emergency initially shall be imposed in the year in which the emergency is declared or in the following year.
28,1471s
Section 1471s. 66.0602 (3) (i) of the statutes is created to read:
66.0602 (3) (i) 1. If a political subdivision enters into an intergovernmental cooperation agreement under s. 66.0301 to jointly provide a service on a consolidated basis with another political subdivision, and if one of the political subdivisions increases its levy from the previous year by an amount the parties to the agreement agree is needed to provide a more equitable distribution of payments for services received, the levy increase limit otherwise applicable under this section to that political subdivision in the current year is increased by that agreed amount.
2. If a political subdivision increases its levy as described in subd. 1. the other political subdivision, which is a party to the intergovernmental cooperation agreement and has agreed to the adjustment under subd. 1., shall decrease its levy in the current year by the same amount that the first political subdivision is allowed to increase its levy under subd. 1.
28,1472
Section
1472. 66.0602 (4) (a) of the statutes is amended to read:
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.
28,1473
Section
1473. 66.0602 (6) (c) of the statutes is amended to read:
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.
28,1474
Section
1474. 66.0602 (7) of the statutes is created to read:
66.0602 (7) Sunset. This section does not apply to a political subdivision's levy that is imposed after December 2010.
28,1475
Section
1475. 66.0603 (1m) (f) of the statutes is created to read:
66.0603 (1m) (f) 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 1st class city, or a person to whom the city 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:
1. Moneys held in any stabilization fund established under s. 62.622 (3).
2. Moneys held in a fund or account, including any reserve fund, created in connection with the issuance of appropriation bonds under s. 62.62 or general obligation promissory notes under s. 67.12 (12) issued to provide funds for the payment of all or a part of the city's unfunded prior service liability.
3. Moneys appropriated or held by the city to pay debt service on appropriation bonds or general obligation promissory notes under s. 67.12 (12).
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.
5. Moneys held in an employee retirement system of the city.
28,1476
Section
1476. 66.0603 (5) (intro.) and (a) of the statutes are amended to read:
66.0603 (5) Delegation of investment authority in connection with pension financing in populous cities and counties. (intro.) The governing board body of a county having a population of 500,000 or more, or a 1st class city, may delegate investment authority over any of the moneys described in sub. (1m) (e) or (f) to any of the following persons, which shall be responsible for the general administration and proper operation of the county's or city's employee retirement system, subject to the board's governing body's finding that such person has expertise in the field of investments:
(a) A public board that is organized for such purpose under county or city ordinances.
28,1477
Section
1477. 66.0721 (1) (a) of the statutes is amended to read:
66.0721 (1) (a) "Agricultural use" has the meaning given in s. 91.01 (1) (2) and includes any additional agricultural uses of land, as determined by the town sanitary district or town.
28,1478
Section
1478. 66.0721 (1) (b) of the statutes is amended to read:
66.0721 (1) (b) "Eligible farmland" means a parcel of 35 or more acres of contiguous land which is devoted exclusively to agricultural use which during the year preceding the year in which the land is subject to a special assessment under this section produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding the year in which the land is subject to a special assessment under this section, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000 that is eligible for farmland preservation tax credits under ss. 71.58 to 71.61 or 71.613.
28,1478r
Section 1478r. 66.0903 (1) (a) of the statutes is amended to read:
66.0903 (1) (a) "Area" means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, "area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, "area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, "area" means the entire state or, if the department is requested to review a determination under sub. (3) (br), "area" means the city, village or town in which a proposed project of public works that is subject to this section is located.
28,1478t
Section 1478t. 66.0903 (1) (am) of the statutes is created to read:
66.0903 (1) (am) "Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).
28,1478v
Section 1478v. 66.0903 (1) (d) of the statutes is amended to read:
66.0903 (1) (d) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing. "Local governmental unit" includes
a local public body and corporate created by constitution, statute, ordinance, rule, or order, including specifically a regional transit authority created under s. 66.1039
, the Milwaukee Transit Authority created under s. 66.1038, and the southeastern regional transit authority created under s. 59.58 (7).
28,1478x
Section 1478x. 66.0903 (1) (dr) of the statutes is created to read:
66.0903 (1) (dr) "Minor service and maintenance work" means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.
28,1479
Section
1479. 66.0903 (1) (e) of the statutes is repealed.
28,1479p
Section 1479p. 66.0903 (1) (g) 1. of the statutes is amended to read:
66.0903 (1) (g) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or, demolition
, or improvement of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation on projects in the area.
28,1479r
Section 1479r. 66.0903 (1) (g) 2. of the statutes is amended to read:
66.0903 (1) (g) 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or, demolition, or improvement of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation on projects in that area.
28,1479t
Section 1479t. 66.0903 (1) (h) of the statutes is created to read:
66.0903 (1) (h) "Project of public works" means a project involving the erection, construction, repair, remodeling, demolition, or improvement, including any alteration, painting, decorating, or grading, of a public
facility, including land, a building, or other infrastructure.
28,1480
Section
1480. 66.0903 (1) (i) of the statutes is repealed.
28,1480b
Section 1480b. 66.0903 (1) (im) of the statutes is created to read:
66.0903 (1) (im) "Supply and installation contract" means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts and no other work is performed on the site of the project of public works, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract.
28,1480c
Section 1480c. 66.0903 (2) of the statutes is created to read:
66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project of public works erected, constructed, repaired, remodeled, demolished
, or improved for a local governmental unit, including all of the following:
(a) A highway, street, bridge, building, or other infrastructure project.
(b) A project erected, constructed, repaired, remodeled, demolished
, or improved by one local governmental unit for another local governmental unit under a contract under s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically authorizing cooperation between local governmental units.
(c) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu of the local governmental unit contracting for the erection, construction, repair, remodeling, demolition
, or improvement of the facility.
(d) A road, street, bridge, sanitary sewer, or water main project in which the completed road, street, bridge, sanitary sewer, or water main is acquired by, or dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership or maintenance by the local governmental unit.
28,1480e
Section 1480e. 66.0903 (3) (am) of the statutes is amended to read:
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
, or improvement 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 under contemplation in the area in which the work is to be done. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects of public works 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. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting local governmental unit.
28,1480g
Section 1480g. 66.0903 (3) (ar) of the statutes is amended to read:
