AB150-ASA,1081,2316
66.431
(5) (a) 5. To establish a procedure for preservation of the records of the
17authority by the use of microfilm, another reproductive device
, or optical imaging
or
18electronic formatting, if authorized under s. 19.21 (4) (c). Any such procedure shall
19assure that copies of such records that are open to public inspection continue to be
20available to members of the public requesting them. A photographic reproduction
21of a record or copy of a record generated from optical disk
or electronic storage is
22deemed the same as an original record for all purposes if it meets the applicable
23standards established in ss. 16.61 and 16.612.
AB150-ASA,1082,11
166.432
(1) Declaration of policy. The right of all persons to have equal
2opportunities for housing regardless of their sex, race, color, physical condition,
3disability as defined in s.
101.22 106.04 (1m) (g), sexual orientation as defined in s.
4111.32 (13m), religion, national origin, marital status, family status as defined in s.
5101.22 106.04 (1m) (k), lawful source of income, age or ancestry is a matter both of
6statewide concern under s.
101.22 106.04 and also of local interest under this section
7and s. 66.433. The enactment of s.
101.22 106.04 by the legislature shall not preempt
8the subject matter of equal opportunities in housing from consideration by political
9subdivisions, and shall not exempt political subdivisions from their duty, nor deprive
10them of their right, to enact ordinances which prohibit discrimination in any type of
11housing solely on the basis of an individual being a member of a protected class.
AB150-ASA,1082,1413
66.432
(1m) (a) "Aggrieved person" has the meaning given in s.
101.22 106.04 14(1m) (b).
AB150-ASA,1082,1716
66.432
(1m) (b) "Complainant" has the meaning given in s.
101.22 106.04 (1m)
17(c).
AB150-ASA,1082,2019
66.432
(1m) (c) "Discriminate" has the meaning given in s.
101.22 106.04 (1m)
20(h).
AB150-ASA,1082,2322
66.432
(1m) (d) "Member of a protected class" has the meaning given in s.
23101.22 106.04 (1m) (nm).
AB150-ASA,1083,14
166.432
(2) Antidiscrimination housing ordinances. Political subdivisions may
2enact ordinances prohibiting discrimination in housing within their respective
3boundaries solely on the basis of an individual being a member of a protected class.
4Such an ordinance may be similar to s.
101.22 106.04 (1) to (8) or may be more
5inclusive in its terms or in respect to the different types of housing subject to its
6provisions, but any such ordinance establishing a forfeiture as a penalty for violation
7shall not be for an amount that is less than the statutory forfeitures under s.
101.22 8106.04. Such an ordinance may permit a complainant, aggrieved person or
9respondent to elect to remove the action to circuit court after a finding has been made
10that there is reasonable cause to believe that a violation of the ordinance has
11occurred. Such an ordinance may also authorize the political subdivision, at any
12time after a complaint has been filed alleging an ordinance violation, to file a
13complaint in circuit court seeking a temporary injunction or restraining order
14pending final disposition of the complaint.
AB150-ASA,1083,2016
66.46
(2) (f) 3. Notwithstanding subd. 1., project costs may not include any
17expenditures made or estimated to be made or monetary obligations incurred or
18estimated to be incurred by the city for newly platted residential development for any
19tax incremental district for which a project plan is approved after September 30,
201995.
AB150-ASA, s. 3330e
21Section 3330e. 66.46 (4) (h) of the statutes is renumbered 66.46 (4) (h) 1. and
22amended to read:
AB150-ASA,1084,1323
66.46
(4) (h) 1.
The Subject to subd. 2., the planning commission may at any
24time, by resolution, adopt an amendment to a project plan, which amendment shall
25be subject to approval by the local legislative body and approval of the amendment
1shall require the same findings as provided in par. (g). Any amendment to a project
2plan is also subject to review by a joint review board, acting under sub. (4m).
3Adoption of an amendment to a project plan shall be preceded by a public hearing
4held by the plan commission at which interested parties shall be afforded a
5reasonable opportunity to express their views on the amendment. Notice of the
6hearing shall be published as a class 2 notice, under ch. 985. The notice shall include
7a statement of the purpose and cost of the amendment and shall advise that a copy
8of the amendment will be provided on request. Prior to such publication, a copy of
9the notice shall be sent by 1st class mail to the chief executive officer or administrator
10of all local governmental entities having the power to levy taxes on property within
11the district and to the school board of any school district which includes property
12located within the proposed district. For any county with no chief executive officer
13or administrator, this notice shall be sent to the county board chairperson.
AB150-ASA,1084,2215
66.46
(4) (h) 2. Not more than once during the 7 years after the tax incremental
16district is created, the planning commission may adopt an amendment to a project
17plan under subd. 1. to modify the district's boundaries by adding territory to the
18district that is contiguous to the district and that is served by public works or
19improvements that were created as part of the district's project plan. Expenditures
20for project costs that are incurred because of an amendment to a project plan to which
21this subdivision applies may be made for not more than 3 years after the date on
22which the local legislative body adopts a resolution amending the project plan.
AB150-ASA,1085,1724
66.46
(4m) (a) Any city that seeks to create a tax incremental district or amend
25a project plan shall convene a joint review board to review the proposal. The board
1shall consist of one representative chosen by the school district that has power to levy
2taxes on the property within the tax incremental district, one representative chosen
3by the technical college district that has power to levy taxes on the property within
4the tax incremental district, one representative chosen by the county that has power
5to levy taxes on the property within the tax incremental district, one representative
6chosen by the city and one public member. If more than one school district, more than
7one technical college district or more than one county has the power to levy taxes on
8the property within the tax incremental district, the unit in which is located property
9of the tax incremental district that has the greatest value shall choose that
10representative to the board. The public member and the board's chairperson shall
11be selected by a majority of the other board members before the public hearing under
12sub. (4) (a) or (h)
1. is held. All board members shall be appointed and the first board
13meeting held within 14 days after the notice is published under sub. (4) (a) or (h)
1.
14Additional meetings of the board shall be held upon the call of any member. The city
15that seeks to create the tax incremental district or to amend its project plan shall
16provide administrative support for the board. By majority vote, the board may
17disband following approval or rejection of the proposal.
AB150-ASA,1085,2219
66.46
(4m) (b) 1. The board shall review the public record, planning documents
20and the resolution passed by the local legislative body or planning commission under
21sub. (4) (gm) or (h)
1. As part of its deliberations the board may hold additional
22hearings on the proposal.
AB150-ASA,1086,224
66.46
(4m) (b) 2. No tax incremental district may be created and no project plan
25may be amended unless the board approves the resolution adopted under sub. (4)
1(gm) or (h)
1. by a majority vote not less than 10 days nor more than 30 days after
2receiving the resolution.
AB150-ASA,1086,124
66.46
(5) (ce) If the city adopts an amendment, to which sub. (4) (h) 2. applies,
5to the original project plan for any district which includes additional project costs,
6none of which will be incurred after the period specified in sub. (6) (am) 1., the tax
7incremental base for the district shall be redetermined under par. (b) as of the
8January 1 following the effective date of the amendment, except that if the effective
9date of the amendment is January 1 of any year, the redetermination shall be made
10on that date. The tax incremental base as redetermined under this paragraph is
11effective for the purposes of this section only if it exceeds the original tax incremental
12base determined under par. (b).
AB150-ASA,1087,714
66.46
(6) (a) If the joint review board approves the creation of the tax
15incremental district under sub. (4m), positive tax increments with respect to a tax
16incremental district are allocated to the city which created the district for each year
17commencing after the date when a project plan is adopted under sub. (4) (g). The
18department of revenue shall not authorize allocation of tax increments until it
19determines from timely evidence submitted by the city that each of the procedures
20and documents required under sub. (4) (d) to (f) have been completed and all related
21notices given in a timely manner. The department of revenue may authorize
22allocation of tax increments for any tax incremental district only if the city clerk and
23assessor annually submit to the department all required information on or before the
242nd Monday in June. The facts supporting any document adopted or action taken
25to comply with sub. (4) (d) to (f) shall not be subject to review by the department of
1revenue under this paragraph. Thereafter, the department of revenue shall
2annually authorize allocation of the tax increment to the city that created such a
3district until the department of revenue receives a notice under sub. (8) and the
4notice has taken effect under sub. (8) (b),
27 years after the tax incremental district
5is created if the district is created before October 1, 1995, or 23 years after the tax
6incremental district is created
if the district is created after September 30, 1995,
7whichever is sooner.
AB150-ASA,1087,139
66.46
(6) (am) 1.
No For a tax incremental district that is created after
10September 30, 1995, no expenditure may be made later than 7 years after the tax
11incremental district is created
, and for a tax incremental district that is created
12before October 1, 1995, no expenditure may be made later than 10 years after the tax
13incremental district is created.
AB150-ASA,1088,915
66.46
(6) (c) Except for tax increments allocated under par. (d)
or (e), all tax
16increments received with respect to a tax incremental district shall, upon receipt by
17the city treasurer, be deposited into a special fund for that district. The city treasurer
18may deposit additional moneys into such fund pursuant to an appropriation by the
19common council. No moneys may be paid out of such fund except to pay project costs
20with respect to that district, to reimburse the city for such payments, to pay project
21costs of a district under par. (d)
or (e) or to satisfy claims of holders of bonds or notes
22issued with respect to such district. Subject to par. (d)
or (e), moneys paid out of the
23fund to pay project costs with respect to a district may be paid out before or after the
24district is terminated under sub. (7). Subject to any agreement with bondholders,
25moneys in the fund may be temporarily invested in the same manner as other city
1funds if any investment earnings are applied to reduce project costs. After all project
2costs and all bonds and notes with respect to the district have been paid or the
3payment thereof provided for, subject to any agreement with bondholders, if there
4remain in the fund any moneys that are not allocated under par. (d)
or (e), they shall
5be paid over to the treasurer of each county, school district or other tax levying
6municipality or to the general fund of the city in the amounts that belong to each
7respectively, having due regard for that portion of the moneys, if any, that represents
8tax increments not allocated to the city and that portion, if any, that represents
9voluntary deposits of the city into the fund.
AB150-ASA,1088,1911
66.46
(6) (d) 1. After the date on which a tax incremental district pays off the
12aggregate of all of its project costs under its project plan, but not later than the date
13on which a tax incremental district terminates under sub. (7) (am), a planning
14commission may amend under sub. (4) (h)
1. the project plan of such a tax
15incremental district to allocate positive tax increments generated by that tax
16incremental district to another tax incremental district created by that planning
17commission in which soil affected by environmental pollution exists to the extent
18that development has not been able to proceed according to the project plan because
19of the environmental pollution.
AB150-ASA,1088,2421
66.46
(6) (d) 2.
No Except as provided in subd. 2m., no tax increments may be
22allocated under this paragraph later than 16 years after the last expenditure
23identified in the project plan of the tax incremental district, the positive tax
24increments of which are to be allocated, is made.
AB150-ASA,1089,7
166.46
(6) (d) 2m. No tax increments may be allocated under this paragraph
2later than 20 years after the last expenditure identified in the project plan of the tax
3incremental district, the positive tax increments of which are to be allocated, is made
4if the district is created before October 1, 1995, except that in no case may the total
5number of years during which expenditures are made under par. (am) 1. plus the
6total number of years during which tax increments are allocated under this
7paragraph exceed 27 years.
AB150-ASA,1089,149
66.46
(6) (e) 1. Before the date on which a tax incremental district terminates
10under sub. (7) (a), but not later than the date on which a tax incremental district
11terminates under sub. (7) (am), a planning commission may amend under sub. (4) (h)
12the project plan of such a tax incremental district to allocate positive tax increments
13generated by that tax incremental district to another tax incremental district
14created by that planning commission if all of the following conditions are met:
AB150-ASA,1089,1715
a. The donor tax incremental district, the positive tax increments of which are
16to be allocated, and the recipient tax incremental district have the same overlying
17taxing jurisdictions.
AB150-ASA,1089,1918
b. The donor tax incremental district and the recipient tax incremental district
19have been created before October 1, 1995.
AB150-ASA,1089,2420
2. Each year, the city that created the tax incremental districts may determine
21the portion of the donor tax incremental district's positive tax increment that is in
22excess of the tax increment that is necessary to pay the donor's project costs in that
23year that shall be allocated to the recipient tax incremental district and shall inform
24the department of revenue of these amounts.
AB150-ASA,1090,8
13. A project plan that is amended under sub. (4) (h) to authorize the allocation
2of positive tax increments under subd. 1. may authorize such an allocation for a
3period not to exceed 5 years, except that if the planning commission determines that
4the allocation may be needed for a period longer than 5 years, the planning
5commission may authorize such an allocation for up to an additional 5 years if the
6project plan is amended under sub. (4) (h) during the 4th year of the allocation. In
7no case may positive tax increments under subd. 1. be allocated from one donor tax
8incremental district for a period longer than 10 years.
AB150-ASA,1090,1510
66.46
(7) (a) That time when the city has received aggregate tax increments
11with respect to such district in an amount equal to the aggregate of all project costs
12under the project plan and any amendments to the project plan for such district,
13except that this paragraph does not apply to a district whose positive tax increments
14have been allocated under sub. (6) (d)
or (e) until the district to which the allocation
15is made has paid off the aggregate of all of its project costs under its project plan.
AB150-ASA,1090,2317
66.46
(7) (am) Sixteen years after the last expenditure identified in the project
18plan is made
if the district to which the plan relates is created after September 30,
191995, or 20 years after the last expenditure identified in the project plan is made if
20the district to which the plan relates is created before October 1, 1995, except that
21in no case may the total number of years during which expenditures are made under
22par. (am) 1. plus the total number of years during which tax increments are allocated
23under this paragraph exceed 27 years.
AB150-ASA,1090,25
2566.77 (title)
Tax levy rate limit.
AB150-ASA,1091,42
66.77
(1) (c) "Excess over the limit" means the
amount greater of the amounts 3of revenue received by a county that results from the county exceeding the limit
4under sub. (2)
or (2m).
AB150-ASA,1091,66
66.77
(2) (title)
Limit
Levy rate limit.
AB150-ASA,1091,98
66.77
(2m) Levy limit. Except as provided in sub. (3), beginning in 1995, no
9county may impose an operating levy that exceeds the amount calculated as follows:
AB150-ASA,1091,1010
(a) Determine the operating levy for the previous year.
AB150-ASA,1091,1111
(b) Multiply the amount determined under par. (a) by 3%.
AB150-ASA,1091,1512
(c) Multiply the amount determined under par. (a) by the percentage change
13in the county's population between the previous year and the current year, as
14estimated by the department of administration under s. 16.96 (1), if the percentage
15change in the county's population is greater than zero.
AB150-ASA,1091,1616
(d) Add the results obtained under pars. (a), (b) and (c).
AB150-ASA,1092,218
66.77
(3) (a) 1. If the governing body of a county wishes to exceed the operating
19levy rate limit
or the levy limit otherwise applicable to the county under this section,
20it shall adopt a resolution to that effect. The resolution shall specify either the
21operating levy rate or the operating levy that the governing body wishes to impose
22for either a specified number of years or an indefinite period. The governing body
23shall call a special referendum for the purpose of submitting the resolution to the
24electors of the county for approval or rejection. In lieu of a special referendum, the
25governing body may specify that the referendum be held at the next succeeding
1spring primary or election or September primary or general election to be held not
2earlier than 30 days after the adoption of the resolution of the governing body.
AB150-ASA,1093,64
66.77
(3) (a) 3. The referendum shall be held in accordance with chs. 5 to 12.
5The governing body shall provide the election officials with all necessary election
6supplies. The form of the ballot shall correspond substantially with the standard
7form for referendum ballots prescribed by the elections board under ss. 5.64 (2) and
87.08 (1) (a). If the resolution under subd. 1. specifies the operating levy rate, the
9question shall be submitted as follows: "Under state law, the operating levy rate for
10the .... (name of county), for the tax to be imposed for the year .... (year), is limited
11to $.... per $1,000 of equalized value. Shall the .... (name of county) be allowed to
12exceed this rate limit for .... (a specified number of years) (an indefinite period) by $....
13per $1,000 of equalized value that results in an operating levy rate of $.... per $1,000
14of equalized value?" If the resolution under subd. 1. specifies the operating levy, the
15question shall be submitted as
follows one of the following: "Under state law, the
16operating levy rate for the .... (name of county), for the tax to be imposed for the year
17.... (year), is limited to $.... per $1,000 of equalized value. Notwithstanding the
18operating levy rate limit, shall the .... (name of county) be allowed to levy an amount
19not to exceed $.... (operating levy) for operating purposes for the year .... (year), which
20may increase the operating levy rate for .... (a specified number of years) (an
21indefinite period)? This would allow a ....% increase above the levy of $.... (preceding
22year operating levy) for the year .... (preceding year)
."
, or "Under state law, the
23operating levy for the .... (name of county), for the tax to be imposed for the year ....
24(year), is limited to $.... , and the increase in the operating levy, compared to last
25year's levy, is limited to 3% plus the percentage increase in the county's population
1since last year. Notwithstanding the operating levy limit, shall the .... (name of
2county) be allowed to levy an amount not to exceed $.... (operating levy) for operating
3purposes for the year .... (year), which may increase the operating levy rate for .... (a
4specified number of years) (an indefinite period)? This would allow a ....% increase
5above the levy of $.... (preceding year operating levy) for the year .... (preceding
6year)."
AB150-ASA,1093,128
66.77
(3) (a) 4. Within 14 days after the referendum, the clerk of the county
9shall certify the results of the referendum to the department of revenue. A county
10may exceed the operating levy rate limit
or operating levy limit otherwise applicable
11to it under this section in that year by an amount not exceeding the amount approved
12by a majority of those voting on the question.
AB150-ASA,1093,2014
66.77
(3) (b) 1. If an increased operating levy rate
or operating levy is approved
15by a referendum under par. (a) for a specified number of years, the increased
16operating levy rate
or operating levy shall be the operating levy rate limit
or
17operating levy for that number of years for purposes of this section. If an increased
18operating levy rate
or operating levy is approved by a referendum under par. (a) for
19an indefinite period, the increased operating levy rate
or operating levy shall be the
20operating levy rate
or operating levy limit for purposes of this section.
AB150-ASA,1094,422
66.77
(3) (b) 2. If an increased operating levy is approved by a referendum
23under par. (a), the increased operating levy shall be used to calculate the
operating
24levy rate, or the operating levy
rate limit
, for the approved year for purposes of this
25section. After the approved year, the
operating levy rate or the operating levy
rate
1limit in the approved year
, or the
operating levy rate or the operating levy
rate limit
2that would have been applicable if there had been no referendum, whichever is
3greater, shall be the
rate or the limit for the specified number of years or for an
4indefinite period for purposes of this section.
AB150-ASA,1094,116
66.77
(3) (c) 1. If a county transfers to another governmental unit
7responsibility for providing any service that the county provided in the preceding
8year, the levy rate limit
or the operating levy limit otherwise applicable under this
9section to the county in the current year is decreased to reflect the cost that the
10county would have incurred to provide that service, as determined by the department
11of revenue.
AB150-ASA,1094,1612
2. If a county increases the services that it provides by adding responsibility
13for providing a service transferred to it from another governmental unit in any year,
14the levy rate limit
or the operating levy limit otherwise applicable under this section
15to the county in the current year is increased to reflect the cost of that service, as
16determined by the department of revenue.
AB150-ASA,1094,2118
66.77
(5) Rate comparison. Annually, the department of revenue shall compare
19the operating levy rate limit
and the operating levy limit of each county under this
20section to the actual operating levy rate
and the actual operating levy imposed by the
21county.
AB150-ASA,1095,1423
66.94
(5) (c)
Tax equivalent. In lieu of the property taxes levied under subch.
24I of ch. 76, and in lieu of the income or franchise taxes levied under ch. 71 which, but
25for par. (b), would be due and payable, there shall be paid to the
state treasurer
1secretary of administration, as a tax equivalent but not in excess of property taxes
2and income or franchise taxes, the net revenues of the next preceding year, after the
3payment of: 1) all operating costs, including all charges which may be incurred
4pursuant to subs. (29) and (34) and all other costs and charges incidental to the
5operation of the transportation system; 2) interest on and principal of all bonds
6payable from said revenues and to meet all other charges upon such revenues as
7provided by any trust agreement executed by the authority in connection with the
8issuance of bonds or certificates; 3) all costs and charges incurred pursuant to subs.
9(32) and (33) and any other costs and charges for acquisition, installation,
10construction or replacement or reconstruction of equipment, structures or
11rights-of-way not financed through the issuance of bonds or certificates under sub.
12(15) or s. 66.935; and 4) any compensation required to be paid to any municipality
13for the use of streets, viaducts, bridges, subways and other public ways. Deficiencies
14in any annual tax equivalent shall not be cumulative.
AB150-ASA,1095,17
1666.949 Energy savings performance contracting. (1) Definitions. In this
17section:
AB150-ASA,1095,2018
(a) "Energy conservation measure" means a facility alteration or training,
19service or operations program designed to reduce energy consumption or operating
20costs or ensure state or local building code compliance.
AB150-ASA,1095,2121
(b) "Local governmental unit" has the meaning given in s. 19.42 (7u).
AB150-ASA,1095,2422
(c) "Performance contract" means a contract for the evaluation and
23recommendation of energy conservation and facility improvement measures, and for
24the implementation of one or more such measures.
AB150-ASA,1096,5
1(d) "Qualified provider" means a person who is experienced in the design,
2implementation and installation of energy conservation and facility improvement
3measures and who has the ability to provide labor and material payment and
4performance bonds equal to the maximum amount of any payments due under a
5performance contract entered into by the person.
AB150-ASA,1096,9
6(2) Authorization; report. (a) Any local governmental unit may, in accordance
7with this section, enter into a performance contract with a qualified provider to
8reduce energy or operating costs, ensure state or local building code compliance or
9enhance the protection of property of the local governmental unit.
AB150-ASA,1096,1910
(b) Prior to entering into a performance contract for the implementation of any
11energy conservation or facility improvement measure, a local governmental unit
12shall obtain a report from a qualified provider containing recommendations
13concerning the amount the local governmental unit should spend on energy
14conservation and facility improvement measures. The report shall contain estimates
15of all costs of installation, modifications, or remodeling, including costs of design,
16engineering, maintenance, repairs and financing. In addition, the report shall
17contain a guarantee specifying a minimum amount by which energy or operating
18costs of the local governmental unit will be reduced, if the installation, modification
19or remodeling is performed by that qualified provider.
AB150-ASA,1096,2420
(c) If, after review of the report under par. (b), the local governmental unit finds
21that the amount it would spend on the energy conservation and facility improvement
22measures recommended in the report is not likely to exceed the amount to be saved
23in energy and operation costs over the remaining useful life of the facility to which
24the measures apply, the local governmental unit may enter into the contract.
AB150-ASA,1097,5
1(3) Notice. Before entering into a performance contract under this section, a
2local governmental unit shall publish a class 1 notice of its intent to award the
3performance contract, the names of the parties to the proposed performance contract,
4and a description of the energy conservation and facility improvement measures
5included in the performance contract.
AB150-ASA,1097,9
6(4) Instalment payment and lease-purchase agreements. A local
7governmental unit may enter into an instalment payment contract or
8lease-purchase agreement for the purchase and installation of energy conservation
9or facility improvement measures.