AB133-ASA1,786,75
66.299
(4) Purchase of recyclable materials. A local governmental unit shall,
6to the extent practicable, make purchasing selections using specifications prepared
7by state agencies under s. 16.72 (2) (f).
AB133-ASA1,786,189
66.30
(1) (a) In this section "municipality" means the state or any department
10or agency thereof, or any city, village, town, county, school district, public library
11system, public inland lake protection and rehabilitation district, sanitary district,
12farm drainage district, metropolitan sewerage district, sewer utility district, solid
13waste management system created under s. 59.70 (2), local exposition district
14created under subch. II of ch. 229, local professional baseball park district created
15under subch. III of ch. 229,
family care district under s. 46.2895, water utility district,
16mosquito control district, municipal electric company, county or city transit
17commission, commission created by contract under this section, taxation district or
18regional planning commission.
AB133-ASA1,788,1420
66.431
(5) (a) 4. c. To issue bonds in its discretion to finance its activities under
21this section, including the payment of principal and interest upon any advances for
22surveys and plans, and may issue refunding bonds for the payment or retirement of
23such bonds previously issued by it.
Such Except for bonds described under subd. 4.
24d., such bonds shall be made payable, as to both principal and interest, solely from
25the income, proceeds, revenues, and funds of the authority derived from or held in
1connection with its undertaking and carrying out of projects or activities under this
2section; provided that payment of such bonds, both as to principal and interest, may
3be further secured by a pledge of any loan, grant or contribution from the federal
4government or other source, in aid of any projects or activities of the authority under
5this section, and by a mortgage of any such projects or activities, or any part thereof.
6Bonds issued under this section shall not constitute an indebtedness within the
7meaning of any constitutional or statutory debt limitation or restriction of the state,
8city or of any public body other than the authority issuing the bonds, and shall not
9be subject to any other law or charter relating to the authorization, issuance or sale
10of bonds. Bonds issued under this section are declared to be issued for an essential
11public and governmental purpose and, together with interest thereon and income
12therefrom, shall be exempt from all taxes. Bonds issued under this section shall be
13authorized by resolution of the authority and may be issued in one or more series and
14shall bear such date, be payable upon demand or mature at such time, bear interest
15at such rate, be in such denomination, be in such form either with or without coupon
16or registered, carry such conversion or registration privileges, have such rank or
17priority, be payable in such medium of payment, at such place, and be subject to such
18terms of redemption, with or without premium, be secured in such manner, and have
19such other characteristics, as is provided by the resolution, trust indenture or
20mortgage issued pursuant thereto. Bonds issued under this section shall be executed
21as provided in s. 67.08 (1) and may be registered under s. 67.09. The bonds may be
22sold or exchanged at public sale or by private negotiation with bond underwriters as
23the authority may provide. The bonds may be sold or exchanged at such price or
24prices as the authority shall determine. If sold or exchanged at public sale, the sale
25shall be held after a class 2 notice, under ch. 985, published prior to such sale in a
1newspaper having general circulation in the city and in such other medium of
2publication as the authority determines. Such bonds may be sold to the federal
3government at private sale, without publication of any notice, at not less than par,
4and, if less than all of the authorized principal amount of such bonds is sold to the
5federal government, the balance may be sold at private sale at not less than par at
6an interest cost to the authority of not to exceed the interest cost to the authority of
7the portion of the bonds sold to the federal government. Any provision of any law to
8the contrary notwithstanding, any bonds issued pursuant to this section shall be
9fully negotiable. In any suit, action or proceeding involving the validity or
10enforceability of any bond issued under this section or the security therefor, any such
11bond reciting in substance that it has been issued by the authority in connection with
12a project or activity under this section shall be conclusively deemed to have been
13issued for such purpose and such project or activity shall be conclusively deemed to
14have been planned, located and carried out in accordance with this section.
AB133-ASA1,788,2416
66.431
(5) (a) 4. d. Subject to sub. (5m), the authority of a 1st class city may
17issue up to $200,000,000 in bonds to finance capital improvements at the request of
18the board of school directors of the school district operating under ch. 119 to
19implement the report approved under 1999 Wisconsin Act .... (this act), section 9139
20(7tw) (b). Bonds issued under this subd. 4. d. may not have a maturity in excess of
2120 years, and may not be issued later than the first day of the 60th month beginning
22after the effective date of this subd. 4. d. .... [revisor inserts date]. Principal and
23interest payments on bonds issued under this subd. 4. d. may be paid by the board
24of school directors of the school district operating under ch. 119.
AB133-ASA1,789,6
166.431
(5m) Special debt service reserve funds. (a)
Designation of special
2debt service reserve funds. The authority may designate one or more accounts in
3funds created under s. 66.066 (2) (e) as special debt service reserve funds if, prior to
4each issuance of bonds to be secured by the special debt service reserve fund, the
5secretary of administration determines that all of the following conditions are met
6with respect to the bonds described under sub. (5) (a) 4. d.:
AB133-ASA1,789,87
1. `Purpose.'
The proceeds of the bonds, other than refunding bonds, will be
8used for public school facilities in the school district operating under ch. 119.
AB133-ASA1,789,129
2. `Feasibility.' There is a reasonable likelihood that the bonds will be repaid
10without the necessity of drawing on funds in the special debt service reserve fund
11that secures the bonds. The secretary of administration may make this
12determination of reasonable likelihood only after considering all of the following:
AB133-ASA1,789,1413
a. Whether a pledge of the revenues of the school district operating under ch.
14119 is made under the bond resolution.
AB133-ASA1,789,1615
b. How the revenues of the school district operating under ch. 119 are pledged
16to the payment of the bonds.
AB133-ASA1,789,1817
c. The proposed interest rates of the bonds and the resulting cash-flow
18requirements.
AB133-ASA1,789,2119
d. The projected ratio of annual revenues from the school district operating
20under ch.119 to annual debt service of the authority, taking into account capitalized
21interest.
AB133-ASA1,789,2422
e. Whether an understanding exists providing for repayment by the authority
23to the state of all amounts appropriated to the special debt service reserve fund
24pursuant to par. (g).
AB133-ASA1,790,3
1f. Whether the authority has agreed that the department of administration will
2have direct and immediate access, at any time and without notice, to all records of
3the authority relating to the bonds.
AB133-ASA1,790,64
3. `Limit on bonds issued.' The amount of all bonds, other than refunding
5bonds, that would be secured by all special debt service reserve funds of the authority
6will not exceed $200,000,000.
AB133-ASA1,790,87
4. `Refunding bonds.' All refunding bonds to be secured by the special debt
8service reserve fund meet all of the following conditions:
AB133-ASA1,790,109
a. The refunding bonds are to be issued to fund, refund or advance refund bonds
10secured by a special debt service reserve fund.
AB133-ASA1,790,1211
b. The refunding of bonds by the refunding bonds will not adversely affect the
12risk that the state will be called on to make a payment under par. (g).
AB133-ASA1,790,1813
5. `Approval of outstanding debt.' All outstanding debt of the authority relating
14to the bonds has been reviewed and approved by the secretary of administration. In
15determining whether to approve outstanding debt under this subdivision, the
16secretary may consider any factor which the secretary determines to have a bearing
17on whether the state moral obligation pledge under par. (g) should be granted with
18respect to an issuance of bonds.
AB133-ASA1,790,2119
6. `Financial reports.' The authority has agreed to provide to the department
20of administration all financial reports of the authority and all regular monthly
21statements of any trustee of the bonds on a direct and ongoing basis.
AB133-ASA1,791,322
(b)
Payment of funds into a special debt service reserve fund. The authority
23shall pay into any special debt service reserve fund of the authority any moneys
24appropriated and made available by the state for the purposes of the special debt
25service reserve fund, any proceeds of a sale of bonds described under sub. (5) (a) 4.
1d. to the extent provided in the bond resolution authorizing the issuance of the bonds
2and any other moneys that are made available to the authority for the purpose of the
3special debt service reserve fund from any other source.
AB133-ASA1,791,194
(c)
Use of moneys in the special debt service reserve fund. All moneys held in
5any special debt service reserve fund of the authority, except as otherwise specifically
6provided, shall be used solely for the payment of the principal of bonds secured in
7whole or in part by the special debt service reserve fund, the making of sinking fund
8payments with respect to these bonds, the purchase or redemption of these bonds,
9the payment of interest on these bonds or the payment of any redemption premium
10required to be paid when these bonds are redeemed prior to maturity. If moneys in
11a special debt service reserve fund at any time are less than the special debt service
12reserve fund requirement under par. (e) for the special debt service reserve fund, the
13authority may not use these moneys for any optional purchase or optional
14redemption of the bonds. Any income or interest earned by, or increment to, any
15special debt service reserve fund due to the investment of moneys in the special debt
16service reserve fund may be transferred by the authority to other funds or accounts
17of the authority relating to the bonds to the extent that the transfer does not reduce
18the amount of the special debt service reserve fund below the special debt service
19reserve fund requirement under par. (e) for the special debt service reserve fund.
AB133-ASA1,792,220
(d)
Limitation on bonds secured by a special debt service reserve fund. The
21authority shall accumulate in each special debt service reserve fund an amount equal
22to the special debt service reserve fund requirement under par. (e) for the special debt
23service reserve fund. The authority may not at any time issue bonds secured in whole
24or in part by a special debt service reserve fund if upon the issuance of these bonds
25the amount in the special debt service reserve fund will be less than the special debt
1service reserve fund requirement under par. (e) for the special debt service reserve
2fund.
AB133-ASA1,792,183
(e)
Special debt service reserve fund requirement. The special debt service
4reserve fund requirement for a special debt service reserve fund, as of any particular
5date of computation, is equal to an amount of money, as provided in the bond
6resolution authorizing the bonds with respect to which the special debt service
7reserve fund is established, that may not exceed the maximum annual debt service
8on the bonds of the authority for that fiscal year or any future fiscal year of the
9authority secured in whole or in part by that special debt service reserve fund. In
10computing the annual debt service for any fiscal year, bonds deemed to have been
11paid in accordance with the defeasance provisions of the bond resolution authorizing
12the issuance of the bonds shall not be included in bonds outstanding on such date of
13computation. The annual debt service for any fiscal year is the amount of money
14equal to the aggregate of all of the following calculated on the assumption that the
15bonds will, after the date of computation, cease to be outstanding by reason, but only
16by reason, of the payment of bonds when due, and the payment when due, and
17application in accordance with the bond resolution authorizing those bonds, of all of
18the sinking fund payments payable at or after the date of computation:
AB133-ASA1,792,2119
1. All interest payable during the fiscal year on all bonds that are secured in
20whole or in part by the special debt service reserve fund and that are outstanding on
21the date of computation.
AB133-ASA1,792,2422
2. The principal amount of all of the bonds that are secured in whole or in part
23by the special debt service reserve fund, are outstanding on the date of computation
24and mature during the fiscal year.
AB133-ASA1,793,4
13. All amounts specified in bond resolutions of the authority authorizing any
2of the bonds that are secured in whole or in part by the special debt service reserve
3fund to be payable during the fiscal year as a sinking fund payment with respect to
4any of the bonds that mature after the fiscal year.
AB133-ASA1,793,85
(f)
Valuation of securities. In computing the amount of a special debt service
6reserve fund for the purposes of this subsection, securities in which all or a portion
7of the special debt service reserve fund is invested shall be valued at par, or, if
8purchased at less than par, at their cost to the authority.
AB133-ASA1,793,229
(g)
State moral obligation pledge. If at any time of valuation the special debt
10service reserve fund requirement under par. (e) for a special debt service reserve fund
11exceeds the amount of moneys in the special debt service reserve fund, the authority
12shall certify to the secretary of administration, the governor and the joint committee
13on finance the amount necessary to restore the special debt service reserve fund to
14an amount equal to the special debt service reserve fund requirement under par. (e)
15for the special debt service reserve fund. If this certification is received by the
16secretary of administration in an even-numbered year prior to the completion of the
17budget compilation under s. 16.43, the secretary shall include the certified amount
18in the budget compilation. In any case, the joint committee on finance shall introduce
19in either house, in bill form, an appropriation of the amount so certified to the
20appropriate special debt service reserve fund of the authority. Recognizing its moral
21obligation to do so, the legislature hereby expresses its expectation and aspiration
22that, if ever called upon to do so, it shall make this appropriation.
AB133-ASA1,794,3
166.46
(2) (f) 1. L. Costs for the removal, or containment, of lead contamination
2in buildings or infrastructure if the city declares that such lead contamination is a
3public health concern.
AB133-ASA1,794,85
66.46
(4m) (b) 2.
No Except as provided in subd. 2m., no tax incremental
6district may be created and no project plan may be amended unless the board
7approves the resolution adopted under sub. (4) (gm) or (h) 1. by a majority vote not
8less than 10 days nor more than 30 days after receiving the resolution.
AB133-ASA1,794,1610
66.46
(4m) (b) 2m. The requirement under subd. 2. that a vote by the board take
11place not less than 10 days nor more than 30 days after receiving a resolution does
12not apply to a resolution amending a project plan under sub. (4) (h) 1. if the resolution
13relates to a tax incremental district, the application for the redetermination of the
14tax incremental base of which was made in 1998, that is located in a village that was
15incorporated in 1912, has a population of at least 3,800 and is located in a county with
16a population of at least 108,000.
AB133-ASA1,795,218
66.46
(5) (bf) Notwithstanding the time limits in par. (b), if the city clerk of a
19city that created a tax incremental district in July 1997 files with the department of
20revenue, not later than May 31, 1999, the forms and application that were originally
21due on or before December 31, 1997, the tax incremental base of the district shall be
22calculated by the department of revenue as if the forms and application had been
23filed on or before December 31, 1997, and, until the tax incremental district
24terminates, the department of revenue shall allocate tax increments and treat the
25district in all other respects as if the forms and application had been filed on or before
1December 31, 1997, except that the department may not certify a value increment
2under par. (b) before 1999.
AB133-ASA1,795,74
66.46
(5) (cf) If the city adopts an amendment to a plan, to which sub. (4m) (b)
52m. applies, the tax incremental base for the district shall be redetermined by adding
6to the tax incremental base the value, as of January 1, 1998, of the taxable property
7that is added to the existing district under sub. (4) (h) 1.
AB133-ASA1,795,189
66.46
(6c) Notification of position openings. (a) Any person who operates for
10profit and is paid project costs under sub. (2) (f) 1. a., d., j. and k. in connection with
11the project plan for a tax incremental district shall notify the department of
12workforce development and the
area private industry council under the job training
13partnership act, 29 USC 1501 to 1798 local workforce development board established
14under 29 USC 2832, of any positions to be filled in the county in which the city which
15created the tax incremental district is located during the period commencing with
16the date the person first performs work on the project and ending one year after
17receipt of its final payment of project costs. The person shall provide this notice at
18least 2 weeks prior to advertising the position.
AB133-ASA1,796,219
(b) Any person who operates for profit and buys or leases property in a tax
20incremental district from a city for which the city incurs real property assembly costs
21under sub. (2) (f) 1. c. shall notify the department of workforce development and the
22area private industry council under the job training partnership act, 29 USC 1501
23to 1798 local workforce development board established under 29 USC 2832, of any
24position to be filled in the county in which the city creating the tax incremental
1district is located within one year after the sale or commencement of the lease. The
2person shall provide this notice at least 2 weeks prior to advertising the position.
AB133-ASA1,796,234
66.462
(1) (c) "Eligible costs" means capital costs, financing costs and
5administrative and professional service costs
, incurred or estimated to be incurred
6by a political subdivision, for the investigation, removal, containment or monitoring
7of, or the restoration of soil
, air, surface water, sediments or groundwater affected by,
8environmental pollution, including monitoring costs incurred within 2 years after
9the date on which the department of natural resources certifies that environmental
10pollution on the property has been remediated,
cancellation of delinquent taxes,
11property acquisition costs, demolition costs including asbestos removal, and
12removing and disposing of underground storage tanks or abandoned containers, as
13defined in s. 292.41 (1), except that for any parcel of land "eligible costs" shall be
14reduced by any amounts received from persons responsible for the discharge, as
15defined in s. 292.01 (3), of a hazardous substance on the property to pay for the costs
16of remediating environmental pollution on the property
, by any amounts received,
17or reasonably expected by the political subdivision to be received, from a local, state
18or federal program for the remediation of contamination in the district that do not
19require reimbursement or repayment and
by the amount of net gain from the sale
20of the property by the political subdivision.
"Eligible costs" associated with
21groundwater affected by environmental pollution include investigation and
22remediation costs for groundwater that is located in, and extends beyond, the
23property that is being remediated.
AB133-ASA1, s. 1634
24Section 1634. 66.462 (2) of the statutes is renumbered 66.462 (2) (a) and
25amended to read:
AB133-ASA1,797,17
166.462
(2) (a)
Use of environmental remediation tax increments. A political
2subdivision that develops, and whose governing body approves, a written proposal
3to remediate environmental pollution
on property owned by the political subdivision 4may use an environmental remediation tax increment to pay the eligible costs of
5remediating environmental pollution on
contiguous parcels of property that
is are
6located within the political subdivision and that are not part of a tax incremental
7district created under s. 66.46
and that is
owned by the political subdivision at the
8time of the remediation and then transferred to another person after the property is
9remediated, as provided in this section
, except that a political subdivision may use
10an environmental remediation tax increment to pay the cost of remediating
11environmental pollution of groundwater without regard to whether the property
12above the groundwater is owned by the political subdivision. If the political
13subdivision owns the property that is being remediated, the political subdivision
14may not sell or otherwise transfer the property to any person who is responsible for
15the environmental pollution which is remediated. No political subdivision may
16submit an application to the department under sub. (4) until the joint review board
17approves the political subdivision's written proposal under sub. (3).
AB133-ASA1,797,2119
66.462
(2) (b) No expenditure for an eligible cost may be made by a political
20subdivision later than 7 years after the environmental remediation tax incremental
21base is certified by the department under sub. (4).
AB133-ASA1,798,1723
66.462
(3) (a) Any political subdivision that seeks to use an environmental
24remediation tax increment under sub. (2) shall convene a joint review board to review
25the proposal. The board shall consist of one representative chosen by the school
1district that has power to levy taxes on the property that is remediated, one
2representative chosen by the technical college district that has power to levy taxes
3on the property, one representative chosen by the county that has power to levy taxes
4on the property that is remediated, one representative chosen by the
political
5subdivision city, village or town that has power to levy taxes on the property that is
6remediated and one public member. If
more than one city, village or town, more than
7one school district, more than one technical college district or more than one county
8has the power to levy taxes on the property that is remediated, the unit in which is
9located property that has the greatest value shall choose that representative to the
10board. The public member and the board's chairperson shall be selected by a majority
11of the other board members at the board's first meeting. All board members shall be
12appointed and the first board meeting held within 14 days after the political
13subdivision's governing body approves the written proposal under sub. (2).
14Additional meetings of the board shall be held upon the call of any member. The
15political subdivision that seeks to act under sub. (2) shall provide administrative
16support for the board. By majority vote, the board may disband following approval
17or rejection of the proposal.
AB133-ASA1,798,2119
66.462
(3) (b) 2. No written application may be submitted under sub. (4) unless
20the board approves the written proposal under sub. (2)
(a) by a majority vote not less
21than 10 days nor more than 30 days after receiving the proposal.
AB133-ASA1,799,223
66.462
(3) (bm) A joint review board acting under this section, or under s. 66.46
24(4m), as described in par. (d), may not approve a proposal under this section for which
1the political subdivision has incurred eligible costs, or which contains estimates of
2eligible costs, in excess of $80,000, unless one of the following applies:
AB133-ASA1,799,73
1. The contract entered into by the political subdivision to remediate the
4environmental pollution on the property to which the proposal applies contains a
5guaranteed maximum cost, that is to be paid by the political subdivision, which is
6consistent with the costs identified in the remedial action plan described under sub.
7(4) (a).
AB133-ASA1,799,98
2. The political subdivision obtains insurance to cover any costs that exceed the
9costs identified in the remedial action plan described under sub. (4) (a).
AB133-ASA1,799,2111
66.462
(4) (a) The political subdivision submits a statement that it has incurred
12some eligible costs
, and includes with the statement a detailed proposed remedial
13action plan approved by the department of natural resources that contains cost
14estimates for anticipated eligible costs and a schedule for the design, implementation
15and construction that is needed to complete the remediation, with respect to the
16parcel
or contiguous parcels of property and the statement details the purpose and
17amount of the expenditures
already made and includes a dated certificate issued by
18the department of natural resources that certifies that
environmental pollution on
19the parcel of property has been remediated the department of natural resources has
20approved the site investigation report that relates to the parcel or contiguous parcels 21in accordance with rules promulgated by the department of natural resources.
AB133-ASA1,800,223
66.462
(4) (c) The political subdivision submits a statement, signed by its chief
24executive officer, that the political subdivision has attempted to recover the cost of
1remediating environmental pollution on the property from
responsible parties the
2person who caused the environmental pollution.
AB133-ASA1,800,124
66.521
(6m) Notification of position openings. A municipality may not enter
5into a revenue agreement with any person who operates for profit unless that person
6has agreed to notify the department of workforce development and the
area private
7industry council under the job training partnership act, 29 USC 1501 to 1798 local
8workforce development board established under 29 USC 2832, of any position to be
9filled in that municipality within one year after issuance of the revenue bonds. The
10person shall provide this notice at least 2 weeks before advertising the position. The
11notice required by this subsection does not affect the offer of employment
12requirements of sub. (4s).
AB133-ASA1,800,2214
66.55
(1) (a) "Capital costs" means the capital costs to construct, expand or
15improve public facilities, including the cost of land, and including legal, engineering
16and design costs to construct, expand or improve public facilities, except that not
17more than 10% of capital costs may consist of legal, engineering and design costs
18unless the
political subdivision municipality can demonstrate that its legal,
19engineering and design costs which relate directly to the public improvement for
20which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does
21not include other noncapital costs to construct, expand or improve public facilities
22or the costs of equipment to construct, expand or improve public facilities.
AB133-ASA1,801,3
166.55
(1) (c) "Impact fees" means cash contributions, contributions of land or
2interests in land or any other items of value that are imposed on a developer by a
3political subdivision municipality under this section.
AB133-ASA1,801,95
66.55
(1) (d) "Land development" means the construction or modification of
6improvements to real property that creates additional residential dwelling units
7within a
political subdivision municipality or that results in nonresidential uses that
8create a need for new, expanded or improved public facilities within a
political
9subdivision municipality.
AB133-ASA1,801,1211
66.55
(1) (e) "
Political subdivision Municipality" means a city, village
,
or town
12or county.
AB133-ASA1,801,2314
66.55
(1) (f) "Public facilities" means highways, as defined in s. 340.01 (22),
and
15other transportation facilities, traffic control devices, facilities for collecting and
16treating sewage, facilities for collecting and treating storm and surface waters,
17facilities for pumping, storing and distributing water,
parks, playgrounds and other
18recreational facilities, solid waste and recycling facilities,
lands for parks and real
19property improvements to parks, fire protection facilities, law enforcement facilities
, 20and emergency medical facilities
and libraries except that, with regard to counties,
21"public facilities" does not include highways, as defined in s. 340.01 (22), other
22transportation facilities or traffic control devices. "Public facilities" does not include
23facilities owned by a school district.
AB133-ASA1,802,4
166.55
(1) (fs) "Real property improvements to parks" means basic facilities and
2improvements that include shelters, playground equipment, parking lots and
3restroom facilities, but does not include swimming pools, multiple baseball diamonds
4or scoreboards.
AB133-ASA1,802,76
66.55
(1) (g) "Service area" means a geographic area delineated by a
political
7subdivision municipality within which there are public facilities.
AB133-ASA1,802,119
66.55
(1) (h) "Service standard" means a certain quantity or quality of public
10facilities relative to a certain number of persons, parcels of land or other appropriate
11measure, as specified by the
political subdivision
municipality.
AB133-ASA1,802,1513
66.55
(2) (a)
Subject to par. (am), a political subdivision A municipality may
14enact an ordinance under this section that imposes impact fees on developers to pay
15for the capital costs that are necessary to accommodate land development.
AB133-ASA1,802,2318
66.55
(2) (b) Subject to par. (c), this section does not prohibit or limit the
19authority of a
political subdivision municipality to finance public facilities by any
20other means authorized by law, except that the amount of an impact fee imposed by
21a
political subdivision municipality shall be reduced, under sub. (6) (d), to
22compensate for any other costs of public facilities imposed by the
political subdivision 23municipality on developers to provide or pay for capital costs.
AB133-ASA1,803,2
166.55
(2) (c) Beginning on May 1, 1995, a
political subdivision municipality 2may impose and collect impact fees only under this section.