AB75-ASA1,689,33
(c) Personal representatives, guardians, trustees, and other fiduciaries.
AB75-ASA1,689,13
4(9) Moral obligation pledge. If the common council considers it necessary or
5desirable to do so, it may express in a resolution authorizing appropriation bonds its
6expectation and aspiration to make timely appropriations sufficient to pay the
7principal and interest due with respect to such appropriation bonds, to make
8deposits into a reserve fund created under sub. (4) (a) with respect to such
9appropriation bonds, to make payments under any agreement or ancillary
10arrangement entered into under s. 62.621 with respect to such appropriation bonds,
11to make deposits into any stabilization fund established or continued under s. 62.622
12with respect to such appropriation bonds, or to pay related issuance or
13administrative expenses.
AB75-ASA1,689,15
14(10) Applicability. This section does not apply if a city does not issue
15appropriation bonds as authorized under sub. (2).
AB75-ASA1,690,4
1762.621 Agreements and ancillary arrangements for certain notes and
18appropriation bonds. At the time of issuance or in anticipation of the issuance of
19appropriation bonds under s. 62.62, or general obligation promissory notes under s.
2067.12 (12), to pay unfunded prior service liability with respect to an employee
21retirement system, or at any time thereafter so long as the appropriation bonds or
22general obligation promissory notes are outstanding, a 1st class city may enter into
23agreements or ancillary arrangements relating to the appropriation bonds or general
24obligation promissory notes, including trust indentures, liquidity facilities,
25remarketing or dealer agreements, letters of credit, insurance policies, guaranty
1agreements, reimbursement agreements, indexing agreements, and interest
2exchange agreements. Any payments made or amounts received with respect to any
3such agreement or ancillary arrangement shall be made from or deposited as
4provided in the agreement or ancillary arrangement.
AB75-ASA1,690,7
662.622 Employee retirement system liability financing in 1st class
7cities; additional powers. (1) Definitions. In this section:
AB75-ASA1,690,88
(a) "City" means a 1st class city.
AB75-ASA1,690,99
(b) "Common council" means the common council of a city.
AB75-ASA1,690,1210
(c) "Pension funding plan" means a strategic and financial plan related to the
11payment of all or part of a city's unfunded prior service liability with respect to an
12employee retirement system.
AB75-ASA1,690,1413
(d) "Trust" means a common law trust organized under the laws of this state,
14by the city, as settlor, pursuant to a formal, written, declaration of trust.
AB75-ASA1,690,17
15(2) Special financing entities, funds, and accounts. (a) To facilitate a pension
16funding plan and in furtherance thereof, a common council may create one or more
17of the following:
AB75-ASA1,690,1919
2. A nonstock corporation under ch. 181.
AB75-ASA1,690,2020
3. A limited liability company under ch. 183.
AB75-ASA1,690,2121
4. A special fund or account of the city.
AB75-ASA1,691,222
(b) An entity described under par. (a) has all of the powers provided to it under
23applicable law and the documents pursuant to which it is created and established.
24The powers shall be construed broadly in favor of effectuating the purposes for which
25the entity is created. A city may appropriate funds to such entities and to such funds
1and accounts, under terms and conditions established by the common council,
2consistent with the purposes for which they are created and established.
AB75-ASA1,691,10
3(3) Stabilization funds. (a) To facilitate a pension funding plan a common
4council may establish a stabilization fund. Any such fund may be created as a trust,
5a special fund or account of the city established by a separate resolution or ordinance,
6or a fund or account created under an authorizing resolution or trust indenture in
7connection with the authorization and issuance of appropriation bonds under s.
862.62 or general obligation promissory notes under s. 67.12 (12). A city may
9appropriate funds for deposit to a stabilization fund established under this
10subsection.
AB75-ASA1,692,211
(b) Moneys in a stabilization fund established under this subsection may be
12used, subject to annual appropriation by the common council, solely to pay principal
13or interest on appropriation bonds issued under s. 62.62 and general obligation
14promissory notes under s. 67.12 (12) issued in connection with a pension funding
15plan, for the redemption or repurchase of such appropriation bonds or general
16obligation promissory notes, to make payments under any agreement or ancillary
17arrangement entered into under s. 62.621 with respect to such appropriation bonds
18or general obligation promissory notes, or to pay annual pension costs other than
19normal costs. Moneys on deposit in a stabilization fund may not be subject to any
20claims, demands, or actions by, or transfers or assignments to, any creditor of the city,
21any beneficiary of the city's employee retirement system, or any other person, on
22terms other than as may be established in the resolution or ordinance creating the
23stabilization fund. Moneys on deposit in a stabilization fund established under this
24subsection may be invested and reinvested in the manner directed by the common
1council or pursuant to delegation by the common council as provided under s. 66.0603
2(5).
AB75-ASA1,692,8
462.67 Uninsured motorist coverage; 1st class cities. A 1st class city shall
5provide uninsured motorist motor vehicle liability insurance coverage for motor
6vehicles owned by the city and operated by city employees in the course of
7employment. The coverage required by this section shall have at least the limits
8prescribed for uninsured motorist coverage under s. 632.32 (4) (a)
1.
AB75-ASA1,692,1311
63.03
(2) (r) All staff performing services for the Milwaukee County enrollment
12services unit under s. 49.825
or for the child care provider services unit under s.
1349.826.
AB75-ASA1,692,2116
66.0137
(4) Self-insured health plans. If a city, including a 1st class city, or
17a village provides health care benefits under its home rule power, or if a town
18provides health care benefits, to its officers and employees on a self-insured basis,
19the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
20632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4), (5),
21and (6), 632.895 (9) to
(16) (17), 632.896, and 767.513 (4).
AB75-ASA1, s. 1464
22Section
1464. 66.0137 (5) of the statutes is renumbered 66.0137 (5) (b) and
23amended to read:
AB75-ASA1,693,824
66.0137
(5) (b) The state or a local governmental unit may provide for the
25payment of premiums for hospital, surgical and other health and accident insurance
1and life insurance for employees and officers
and
, their spouses and dependent
2children
, and their domestic partner under ch. 770 and dependent children. A local
3governmental unit may also provide for the payment of premiums for hospital and
4surgical care for its retired employees. In addition, a local governmental unit may,
5by ordinance or resolution, elect to offer to all of its employees a health care coverage
6plan through a program offered by the group insurance board under ch. 40. A local
7governmental unit that elects to participate under s. 40.51 (7) is subject to the
8applicable sections of ch. 40 instead of this subsection.
AB75-ASA1,693,1110
66.0137
(5) (a) In this subsection, "local governmental unit" includes the school
11district operating under ch. 119.
AB75-ASA1, s. 1465n
12Section 1465n. 66.0219 (10) (b) (intro.) of the statutes is amended to read:
AB75-ASA1,693,1613
66.0219
(10) (b) (intro.)
No Except as provided in par. (c), no territory may be
14annexed by a city or village under this section if no part of the city or village is located
15in the same county as the territory that is subject to the proposed annexation unless
16all of the following occur:
AB75-ASA1,693,1918
66.0219
(10) (c) The city of Kaukauna may annex territory outside of
19Outagamie County without regard to the provisions in par. (b).
AB75-ASA1,694,821
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
22"municipality" means the state or any department or agency thereof, or any city,
23village, town, county, school district, public library system, public inland lake
24protection and rehabilitation district, sanitary district, farm drainage district,
25metropolitan sewerage district, sewer utility district, solid waste management
1system created under s. 59.70 (2), local exposition district created under subch. II of
2ch. 229, local professional baseball park district created under subch. III of ch. 229,
3local professional football stadium district created under subch. IV of ch. 229,
a local
4cultural arts district created under subch. V of ch. 229,
transit authority created
5under s. 66.1039, long-term care district under s. 46.2895, water utility district,
6mosquito control district, municipal electric company, county or city transit
7commission, commission created by contract under this section, taxation district,
8regional planning commission, or city-county health department.
AB75-ASA1,694,2110
66.0307
(7m) Zoning in town territory. If a town is a party to a cooperative
11plan with a city or village, the town and city or village may agree, as part of the
12cooperative plan, to authorize the town, city or village to adopt a zoning ordinance
13under s. 60.61, 61.35 or 62.23 for all or a portion of the town territory covered by the
14plan. The exercise of zoning authority by a town under this subsection is not subject
15to s. 60.61 (3) or 60.62 (3). If a county zoning ordinance applies to the town territory
16covered by the plan, that ordinance and amendments to it continue until a zoning
17ordinance is adopted under this subsection. If a zoning ordinance is adopted under
18this subsection, that zoning ordinance continues in effect after the planning period
19ceases until a different zoning ordinance for the territory is adopted under other
20applicable law. This subsection does not affect zoning ordinances adopted under
ss. 21s. 59.692
, or 87.30 or
91.71 to 91.78 ch. 91.
AB75-ASA1,694,2523
66.0602
(1) (b) "Penalized excess" means the levy, in an amount that is at least
24$500 over the limit
under sub. (2) for the political subdivision, not including any
25amount that is excepted from the limit under subs. (3), (4), and (5).
AB75-ASA1,695,82
66.0602
(1) (d) "Valuation factor" means a percentage equal to the greater of
3either
2 3 percent or the percentage change in the political subdivision's January 1
4equalized value due to new construction less improvements removed between the
5previous year and the current year.
Except as provided, no political subdivision may
6increase its levy in any year by a percentage that exceeds the political subdivision's
7valuation factor. In determining its levy in any year, a city, village, or town shall
8subtract any tax increment that is calculated under s. 60.85 (1) (L) or 66.1105 (2) (i).
AB75-ASA1,695,1910
66.0602
(2) Levy limit. Except as provided
, no political subdivision may
11increase its levy in 2007 by a percentage that exceeds the political subdivision's
12valuation factor or 3.86 in subs. (3), (4), and (5), no political subdivision may increase
13its levy in any year by a percentage that exceeds the political subdivision's valuation
14factor. The base amount in any year, to which the limit under this section applies,
15shall be the maximum allowable levy for the immediately preceding year. In
16determining its levy in any year, a city, village, or town shall subtract any tax
17increment that is calculated under s. 59.57 (3) (a), 60.85 (1) (L), or 66.1105 (2) (i). The
18base amount in any year, to which the limit under this section applies, may not
19include any amount to which sub. (3) (e) 8. applies.
AB75-ASA1,696,221
66.0602
(3) (cm) If a political subdivision's allowable levy under this section in
222007 was greater than its actual levy in 2007, the levy increase limit otherwise
23applicable under this section to the political subdivision in 2009 is increased by the
24difference between these 2 amounts, as determined by the department of revenue.
25In calculating a political subdivision's actual levy for 2007, the department may not
1include amounts that are excluded from the limit under pars. (d) 2. and 3., (e), and
2(h).
AB75-ASA1,696,94
66.0602
(3) (d) 5. The limit otherwise applicable under this section does not
5apply to amounts levied by a 1st class city for the payment of debt service on
6appropriation bonds issued under s. 62.62, including debt service on appropriation
7bonds issued to fund or refund outstanding appropriation bonds of the city, to pay
8related issuance costs or redemption premiums, or to make payments with respect
9to agreements or ancillary arrangements authorized under s. 62.621.
AB75-ASA1,696,1611
66.0602
(3) (e) 8. The amount that a political subdivision levies in that year to
12pay the unreimbursed expenses related to an emergency declared under s. 166.03 (1)
13(b) 1., including any amounts levied in that year to replenish cash reserves that were
14used to pay any unreimbursed expenses related to that emergency. A levy under this
15subdivision that relates to a particular emergency initially shall be imposed in the
16year in which the emergency is declared or in the following year.
AB75-ASA1,696,2418
66.0602
(3) (i) 1. If a political subdivision enters into an intergovernmental
19cooperation agreement under s. 66.0301 to jointly provide a service on a consolidated
20basis with another political subdivision, and if one of the political subdivisions
21increases its levy from the previous year by an amount the parties to the agreement
22agree is needed to provide a more equitable distribution of payments for services
23received, the levy increase limit otherwise applicable under this section to that
24political subdivision in the current year is increased by that agreed amount.
AB75-ASA1,697,5
12. If a political subdivision increases its levy as described in subd. 1. the other
2political subdivision, which is a party to the intergovernmental cooperation
3agreement and has agreed to the adjustment under subd. 1., shall decrease its levy
4in the current year by the same amount that the first political subdivision is allowed
5to increase its levy under subd. 1.
AB75-ASA1,697,187
66.0602
(4) (a) A political subdivision may exceed the levy increase limit
under
8sub. (2) if its governing body adopts a resolution to that effect and if the resolution
9is approved in a referendum. The resolution shall specify the proposed amount of
10increase in the levy beyond the amount that is allowed
under sub. (2), and shall
11specify whether the proposed amount of increase is for the next fiscal year only or if
12it will apply on an ongoing basis. With regard to a referendum relating to the 2005
13levy, or any levy in an odd-numbered year thereafter, the political subdivision may
14call a special referendum for the purpose of submitting the resolution to the electors
15of the political subdivision for approval or rejection. With regard to a referendum
16relating to the 2006 levy, or any levy in an even-numbered year thereafter, the
17referendum shall be held at the next succeeding spring primary or election or
18September primary or general election.
AB75-ASA1,697,2220
66.0602
(6) (c) Ensure that the amount of the penalized excess is not included
21in determining the limit described
under sub. (2) for the political subdivision for the
22following year.
AB75-ASA1,697,2524
66.0602
(7) Sunset. This section does not apply to a political subdivision's levy
25that is imposed after December 2010.
AB75-ASA1,698,62
66.0603
(1m) (f) Subject to s. 67.11 (2) with respect to funds on deposit in a debt
3service fund for general obligation promissory notes issued under s. 67.12 (12), a 1st
4class city, or a person to whom the city has delegated investment authority under sub.
5(5), may invest and reinvest in the same manner as is authorized for investments and
6reinvestments under s. 881.01, any of the following:
AB75-ASA1,698,77
1. Moneys held in any stabilization fund established under s. 62.622 (3).
AB75-ASA1,698,118
2. Moneys held in a fund or account, including any reserve fund, created in
9connection with the issuance of appropriation bonds under s. 62.62 or general
10obligation promissory notes under s. 67.12 (12) issued to provide funds for the
11payment of all or a part of the city's unfunded prior service liability.
AB75-ASA1,698,1312
3. Moneys appropriated or held by the city to pay debt service on appropriation
13bonds or general obligation promissory notes under s. 67.12 (12).
AB75-ASA1,698,1614
4. Moneys constituting proceeds of appropriation bonds or general obligation
15promissory notes described in subd. 2. that are available for investment until they
16are spent.
AB75-ASA1,698,1717
5. Moneys held in an employee retirement system of the city.
AB75-ASA1, s. 1476
18Section
1476. 66.0603 (5) (intro.) and (a) of the statutes are amended to read:
AB75-ASA1,699,219
66.0603
(5) Delegation of investment authority in connection with pension
20financing in populous cities and counties. (intro.) The governing
board body of a
21county having a population of 500,000 or more
, or a 1st class city, may delegate
22investment authority over any of the moneys described in sub. (1m) (e)
or (f) to any
23of the following persons, which shall be responsible for the general administration
24and proper operation of the county's
or city's employee retirement system, subject to
1the
board's governing body's finding that such person has expertise in the field of
2investments:
AB75-ASA1,699,43
(a) A public board that is organized for such purpose under county
or city 4ordinances.
AB75-ASA1,699,86
66.0721
(1) (a) "Agricultural use" has the meaning given in s. 91.01
(1) (2) and
7includes any additional agricultural uses of land, as determined by the town sanitary
8district or town.
AB75-ASA1,699,1710
66.0721
(1) (b) "Eligible farmland" means
a parcel of 35 or more acres of
11contiguous land
which is devoted exclusively to agricultural use which during the
12year preceding the year in which the land is subject to a special assessment under
13this section produced gross farm profits, as defined in s. 71.58 (4), of not less than
14$6,000 or which, during the 3 years preceding the year in which the land is subject
15to a special assessment under this section, produced gross farm profits, as defined
16in s. 71.58 (4), of not less than $18,000 that is eligible for farmland preservation tax
17credits under ss. 71.58 to 71.61 or 71.613.
AB75-ASA1,699,2419
66.0903
(1) (d) "Local governmental unit" means a political subdivision of this
20state, a special purpose district in this state, an instrumentality or corporation of
21such a political subdivision or special purpose district, a combination or subunit of
22any of the foregoing or an instrumentality of the state and any of the foregoing.
23"Local governmental unit" includes a regional transit authority created under s.
2466.1039.
AB75-ASA1,700,53
66.0903
(2) Applicability. Subject to sub. (5), this section applies to any project
4of public works erected, constructed, remodeled, repaired, or demolished for a local
5governmental unit, including all of the following:
AB75-ASA1,700,66
(a) A highway, street, or bridge construction project.
AB75-ASA1,700,107
(b) A project of public works erected, constructed, remodeled, repaired, or
8demolished by one local governmental unit for another local governmental unit
9under a contract under s. 66.0301 (2) or 83.035 or under any other statute specifically
10authorizing cooperation between local governmental units.
AB75-ASA1,700,1411
(c) A building construction project in which the completed building is leased,
12purchased, lease purchased, or otherwise acquired by, or dedicated to, a local
13governmental unit in lieu of the local governmental unit contracting for the
14construction of the building.
AB75-ASA1,700,1715
(d) A road, street, sanitary sewer, or water main project in which the completed
16road, street, sanitary sewer, or water main is dedicated to a local governmental unit
17under s. 236.13 (2) for ownership by the local governmental unit.
AB75-ASA1,701,619
66.0903
(3) (am) A local governmental unit, before making a contract by direct
20negotiation or soliciting bids on a contract, for the erection, construction, remodeling,
21repairing
, or demolition of any project of public works,
including a highway, street
22or bridge construction project, shall apply to the department to determine the
23prevailing wage rate for each trade or occupation required in the work
contemplated 24under contemplation in the area in which the project is located. The department
25shall conduct investigations and hold public hearings as necessary to define the
1trades or occupations that are commonly employed on projects that are subject to this
2section and to inform itself as to the prevailing wage rates in all areas of the state
3for those trades or occupations, in order to determine the prevailing wage rate for
4each trade or occupation. The department shall issue its determination within 30
5days after receiving the request and shall file the determination with the requesting
6local governmental unit.
AB75-ASA1,701,138
66.0903
(3) (av) In determining prevailing wage rates under par. (am) or (ar),
9the department may not use data from projects that are subject to this section, s.
1066.0904, 103.49
, or 103.50 or
40 USC 276a 3142 unless the department determines
11that there is insufficient wage data in the area to determine those prevailing wage
12rates, in which case the department may use data from projects that are subject to
13this section, s.
66.0904, 103.49
, or 103.50 or
40 USC 276a 3142.
AB75-ASA1,702,815
66.0903
(3) (dm) A reference to the prevailing wage rates determined by the
16department or a local governmental unit exempted under sub. (6) and to the
17prevailing hours of labor shall be published in the notice issued for the purpose of
18securing bids for the project. If any contract or subcontract for a project of public
19works
, including a highway, street or bridge construction project, is entered into, the
20prevailing wage rates determined by the department or exempted local
21governmental unit and the prevailing hours of labor shall be physically incorporated
22into and made a part of the contract or subcontract, except that for a minor
23subcontract, as determined by the department, the department shall prescribe by
24rule the method of notifying the minor subcontractor of the prevailing wage rates and
25prevailing hours of labor applicable to the minor subcontract. The prevailing wage
1rates and prevailing hours of labor applicable to a contract or subcontract may not
2be changed during the time that the contract or subcontract is in force. No person
3performing the work described in sub. (4) may be paid less than the prevailing wage
4rate in the same or most similar trade or occupation determined under this
5subsection; nor may he or she be permitted to work a greater number of hours per
6day or per week than the prevailing hours of labor, unless he or she is paid for all
7hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
8his or her hourly basic rate of pay.