Amendment ASA1-SB55

SB55-ASA1, s. 1073 Section 1073. 66.0203 (9) (a) of the statutes is amended to read:

SB55-ASA1,678,3 66.0203 (9) (a) Upon receipt of the petition from the circuit court and payment of any fee imposed under s. 16.53 (14), the department shall make any necessary investigation to apply the standards under s. 66.0207.

SB55-ASA1, s. 1074 Section 1074. 66.0203 (9) (b) of the statutes is amended to read:

SB55-ASA1,678,9 66.0203 (9) (b) Within 20 days after the receipt by the department of the petition from the circuit court and payment of any fee imposed under s. 16.53 (14), whichever is later, any party in interest may request a hearing. Upon receipt of the request, the department shall schedule a hearing at a place in or convenient to the territory sought to be incorporated.

SB55-ASA1, s. 1075 Section 1075. 66.0203 (9) (d) of the statutes is amended to read:

SB55-ASA1,678,18 66.0203 (9) (d) Unless the court sets a different time limit, the department shall prepare its findings and determination, citing the supporting evidence, within 90 days after receipt of the referral from the court and payment of any fee imposed under s. 16.53 (14), whichever is later. The findings and determination shall be forwarded by the department to the circuit court. Copies of the findings and determination shall be sent by certified or registered mail to the designated representative of the petitioners, and to all town and municipal clerks entitled to receive mailed notice of the petition under sub. (4).

SB55-ASA1, s. 2018p Section 2018p. 66.0215 (title) of the statutes is amended to read:

SB55-ASA1,678,21 66.0215 (title) Incorporation of certain towns adjacent to 1st class cities or located in counties with a population greater than 400,000.

SB55-ASA1, s. 2018q Section 2018q. 66.0215 (1) of the statutes is renumbered 66.0215 (1) (a).

SB55-ASA1, s. 2018r Section 2018r. 66.0215 (1) (b) of the statutes is created to read:

SB55-ASA1,678,25 66.0215 (1) (b) If all of the following conditions are met, the procedure for becoming a 4th class city is initiated:

SB55-ASA1,679,3 1. The resident population of the town exceeds 6,000 and the population of the county in which the town is located exceeds 400,000, as shown by the last federal census or by a census under sub. (2).

SB55-ASA1,679,4 2. The town has an equalized valuation in excess of $100,000,000.

SB55-ASA1,679,7 3. An incorporation petition that requests submission of the question of incorporation to the electors of the town is signed by 100 or more persons, each an elector and taxpayer of the town.

SB55-ASA1,679,9 4. The petition under subd. 3. contains the signatures of at least 50% of the owners of real estate in the town.

SB55-ASA1,679,10 5. The petition under subd. 3. is filed with the town clerk.

SB55-ASA1, s. 1076 Section 1076. 66.0217 (6) (a) of the statutes is amended to read:

SB55-ASA1,679,22 66.0217 (6) (a) Annexations within populous counties. No annexation proceeding within a county having a population of 50,000 or more is valid unless the person publishing a notice of annexation under sub. (4) mails a copy of the notice to the clerk of each municipality affected and the department, together with any fee imposed under s. 16.53 (14), within 5 days of the publication. The department may shall within 20 days after receipt of the notice mail to the clerk of the town within which the territory lies and to the clerk of the proposed annexing village or city a notice that states whether in its opinion the annexation is in the public interest or is against the public interest and that advises the clerks of the reasons the annexation is in or against the public interest as defined in par. (c). The annexing municipality shall review the advice before final action is taken.

SB55-ASA1, s. 2019m Section 2019m. 66.0221 of the statutes is renumbered 66.0221 (1) and amended to read:

SB55-ASA1,680,21 66.0221 (1) Upon its own motion, a city or village, by a two-thirds vote of the entire membership of its governing body, may enact an ordinance annexing territory which comprises a portion of a town or towns and which was completely surrounded by territory of the city or village on December 2, 1973. The ordinance shall include all surrounded town areas except those that are exempt by mutual agreement of all of the governing bodies involved. The annexation ordinance shall contain a legal description of the territory and the name of the town or towns from which the territory is detached. Upon enactment of the ordinance, the city or village clerk immediately shall file 6 certified copies of the ordinance in the office of the secretary of state, together with 6 copies of a scale map. The secretary of state shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of administration. This section subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This section subsection does not apply to land owned by a town government which has existing town government buildings located on the land. No town island may be annexed under this section subsection if the island consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies to annexations under this section. After subsection. Except as provided in sub. (2), after December 2, 1973, no city or village may, by annexation, create a town area which is completely surrounded by the city or village.

SB55-ASA1, s. 2019n Section 2019n. 66.0221 (2) of the statutes is created to read:

SB55-ASA1,680,24 66.0221 (2) A city or village may, by annexation, create a town area that is completely surrounded by the city or village if one of the following applies:

SB55-ASA1,681,3 (a) An intergovernmental cooperation agreement under s. 66.0301, to which the town and the annexing city or village are parties, applies to the territory that is annexed.

SB55-ASA1,681,5 (b) A cooperative plan for boundary change under s. 66.0307, to which the town and the annexing city or village are parties, applies to the territory that is annexed.

SB55-ASA1, s. 2026m Section 2026m. 66.0901 (9) (b) of the statutes is amended to read:

SB55-ASA1,682,7 66.0901 (9) (b) Retained percentages. As the work progresses under a contract involving $1,000 or more for the construction, execution, repair, remodeling or improvement of a public work or building or for the furnishing of supplies or materials, regardless of whether proposals for the contract are required to be advertised by law, the municipality, from time to time, shall grant to the contractor an estimate of the amount and proportionate value of the work done, which entitles the contractor to receive the amount of the estimate, less the retainage, from the proper fund. The retainage shall be an amount equal to 10% 5% of the estimate until 50% of the work has been completed. At 50% completion, further partial payments shall be made in full to the contractor and no additional amounts may be retained unless the architect or engineer certifies that the job is not proceeding satisfactorily, but amounts previously retained shall not be paid to the contractor. At 50% completion or any time after 50% completion when the progress of the work is not satisfactory, additional amounts may be retained but the total retainage may not be more than 10% 5% of the value of the work completed. Upon substantial completion of the work, an amount retained may be paid to the contractor. When the work has been substantially completed except for work which cannot be completed because of weather conditions, lack of materials or other reasons which in the judgment of the municipality are valid reasons for noncompletion, the municipality may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the work still to be completed or may pay out the entire amount retained and receive from the contractor guarantees in the form of a bond or other collateral sufficient to ensure completion of the job. For the purposes of this section, estimates may include any fabricated or manufactured materials and components specified, previously paid for by the contractor and delivered to the work or properly stored and suitable for incorporation in the work embraced in the contract.

SB55-ASA1, s. 2026p Section 2026p. 66.0903 (3) (av) of the statutes is amended to read:

SB55-ASA1,682,18 66.0903 (3) (av) In determining prevailing wage rates under par. (am) or (ar), the department may not use data from projects that are subject to this section, s. 103.49 or 103.50, or 40 USC 276a unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 103.49 or 103.50, or 40 USC 276a. The department may also use data from a project that is subject to this section, s. 103.49 or 103.50, or 40 USC 276a in determining prevailing wage rates under par. (am) or (ar) if the department determines that the wage rate paid on that project is higher than the prevailing wage rate determined for that project.

SB55-ASA1, s. 2026r Section 2026r. 66.0903 (10) (a) of the statutes is amended to read:

SB55-ASA1,683,9 66.0903 (10) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this paragraph. Before permitting the inspection and copying of a record under this paragraph, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (4).

SB55-ASA1, s. 1077 Section 1077. 66.0921 (2) of the statutes is amended to read:

SB55-ASA1,683,22 66.0921 (2) Facilities authorized. A municipality may enter into a joint contract with a nonprofit corporation organized for civic purposes and located in the municipality to construct or otherwise acquire, equip, furnish, operate and maintain a facility to be used for municipal and civic activities if a majority of the voters voting in a referendum authorize the municipality to enter into the joint contract. The referendum shall be held at a special election or at a spring primary or election or September primary or general election approve the question of entering into the joint contract or, if the municipality is a school district, at the next spring election or general election to be held not earlier than 42 days after submittal of the issue or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not earlier than 42 days after submittal of the issue.

SB55-ASA1, s. 2049e Section 2049e. 66.1113 (1) (d) (intro.) of the statutes is amended to read:

SB55-ASA1,684,2 66.1113 (1) (d) (intro.) "Tourism-related retailers" means, for taxable years beginning before January 1, 2002, retailers classified in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget under the following industry numbers:

SB55-ASA1, s. 2049f Section 2049f. 66.1113 (1) (e) of the statutes is created to read:

SB55-ASA1,684,7 66.1113 (1) (e) "Tourism-related retailers" means, for taxable years beginning after December 31, 2001, retailers classified in the North American Industry Classification System, 1997 edition, published by the U.S. office of management and budget under the following industry numbers:

SB55-ASA1,684,8 1. 452990 — All other general merchandise stores.

SB55-ASA1,684,9 2. 445292 — Confectionary and nut stores.

SB55-ASA1,684,10 3. 445299 — All other specialty food stores.

SB55-ASA1,684,11 4. 311811 — Retail bakeries.

SB55-ASA1,684,12 5. 447100 — Gasoline stations.

SB55-ASA1,684,13 6. 722110 — Full-service restaurants.

SB55-ASA1,684,14 7. 722210 — Limited-service eating places.

SB55-ASA1,684,15 8. 722300 — Special food services.

SB55-ASA1,684,16 9. 722410 — Drinking places.

SB55-ASA1,684,17 10. 446110 — Pharmacies and drug stores.

SB55-ASA1,684,18 11. 445310 — Beer, wine, and liquor stores.

SB55-ASA1,684,19 12. 451110 — Sporting goods stores.

SB55-ASA1,684,20 13. 443130 — Camera and photographic supply stores.

SB55-ASA1,684,21 14. 453220 — Gift, novelty, and souvenir stores.

SB55-ASA1,684,22 15. 721110 — Hotels and motels.

SB55-ASA1,684,23 16. 721120 — Casino hotels.

SB55-ASA1,684,24 17. 721191 — Bed-and-breakfast inns.

SB55-ASA1,684,25 18. 721199 — All other traveler accommodations.

SB55-ASA1,685,1 19. 721214 — Recreational and vacation camps.

SB55-ASA1,685,2 20. 721211 — Recreational vehicle parks and campgrounds.

SB55-ASA1,685,3 21. 711212 — Racetracks.

SB55-ASA1,685,4 22. 713910 — Golf courses and country clubs.

SB55-ASA1,685,5 23. 713100 — Amusement parks and arcades.

SB55-ASA1,685,6 24. 713200 — Gambling industries.

SB55-ASA1,685,7 25. 713920 — Skiing facilities.

SB55-ASA1,685,8 26. 713990 — All other amusement and recreation industries.

SB55-ASA1, s. 1078 Section 1078. 67.05 (6a) (a) 2. a. of the statutes is amended to read:

SB55-ASA1,685,18 67.05 (6a) (a) 2. a. Direct the school district clerk to call a special election referendum for the purpose of submitting the resolution to the electors for approval or rejection, or direct that the resolution be submitted at the next regularly scheduled primary or spring election or general election to be held not earlier than 45 days after the adoption of the resolution or at a special election held on the Tuesday after the first Monday in November in an odd-numbered year if that date occurs not earlier than 45 days after the adoption of the resolution. The resolution shall not be effective unless adopted by a majority of the school district electors voting at the referendum.

SB55-ASA1, s. 2056g Section 2056g. 67.05 (6m) (a) of the statutes is amended to read:

SB55-ASA1,686,13 67.05 (6m) (a) An initial resolution adopted by a technical college district board for an issue of bonds in an amount of money not exceeding $500,000 $1,000,000 for building remodeling or improvement need not be submitted to the electors of the district for approval unless within 30 days after the initial resolution is adopted there is filed with the technical college district secretary a petition conforming to the requirements of s. 8.40 requesting a referendum thereon. Such a petition shall be signed by electors from each county lying wholly or partially within the district. The number of electors from each county shall equal at least 1.5% of the population of the county as determined under s. 16.96 (2) (c). If a county lies in more than one district, the technical college system board shall apportion the county's population as determined under s. 16.96 (2) (c) to the districts involved and the petition shall be signed by electors equal to the appropriate percentage of the apportioned population. Any initial resolution adopted under sub. (1) in an amount of money not exceeding $500,000 $1,000,000 at the discretion of the district board, may be submitted to the electors without waiting for the filing of a petition. All initial resolutions adopted under sub. (1) in an amount of money in excess of $500,000 $1,000,000 or more for building remodeling or improvement shall be submitted to the electors of the district for approval. If a referendum is duly petitioned or required under this subsection, bonds may not be issued until the electors of the district have approved the issue.

SB55-ASA1, s. 2056r Section 2056r. 67.12 (12) (e) 5. of the statutes is amended to read:

SB55-ASA1,687,21 67.12 (12) (e) 5. Within 10 days of the adoption by a technical college district board of a resolution under subd. 1. to issue a promissory note for a purpose under s. 38.16 (2), the secretary of the district board shall publish a notice of such adoption as a class 1 notice, under ch. 985. The notice need not set forth the full contents of the resolution, but shall state the amount proposed to be borrowed, the method of borrowing, the purpose thereof, that the resolution was adopted under this subsection and the place where and the hours during which the resolution is available for public inspection. If the amount proposed to be borrowed is for building remodeling or improvement and does not exceed $500,000 $1,000,000 or is for movable equipment, the district board need not submit the resolution to the electors for approval unless, within 30 days after the publication or posting, a petition conforming to the requirements of s. 8.40 is filed with the secretary of the district board requesting a referendum at a special election to be called for that purpose. Such petition shall be signed by electors from each county lying wholly or partially within the district. The number of electors from each county shall equal at least 1.5% of the population of the county as determined under s. 16.96 (2) (c). If a county lies in more than one district, the technical college system board shall apportion the county's population as determined under s. 16.96 (2) (c) to the districts involved and the petition shall be signed by electors equal to the appropriate percentage of the apportioned population. In lieu of a special election, the district board may specify that the referendum shall be held at the next succeeding spring primary or election or September primary or general election. Any resolution to borrow amounts of money in excess of $500,000 $1,000,000 for building remodeling or improvement shall be submitted to the electors of the district for approval. If a referendum is held or required under this subdivision, no promissory note may be issued until the issuance is approved by a majority of the district electors voting at such referendum. The referendum shall be noticed, called and conducted under s. 67.05 (6a) insofar as applicable, except that the notice of special election and ballot need not embody a copy of the resolution and the question which shall appear on the ballot shall be "Shall .... (name of district) be authorized to borrow the sum of $.... for (state purpose) by issuing its general obligation promissory note (or notes) under section 67.12 (12) of the Wisconsin Statutes?".

SB55-ASA1, s. 1079 Section 1079. 69.01 (6g) of the statutes is created to read:

SB55-ASA1,687,24 69.01 (6g) "Date of death" means the date that a person is pronounced dead by a physician, coroner, deputy coroner, medical examiner, or deputy medical examiner.

SB55-ASA1, s. 1080 Section 1080. 69.01 (16m) of the statutes is created to read:

SB55-ASA1,688,4 69.01 (16m) "Medical certification" means those portions of a death certificate that provide the cause of death, the manner of death, injury-related data, and any other medically-related data that is collected as prescribed by the state registrar under s. 69.18 (1m) (c) 2.

SB55-ASA1, s. 1081 Section 1081. 69.01 (22) of the statutes is amended to read:

SB55-ASA1,688,10 69.01 (22) "Research" means a systematic study through scientific inquiry for the purpose of expanding a field of knowledge, including but not limited to environmental or epidemiological research or special studies, that is conducted by persons who meet criteria for access that are specified in rules promulgated under s. 69.20 (4).

SB55-ASA1, s. 1082 Section 1082. 69.01 (26) of the statutes is renumbered 69.01 (26) (intro.) and amended to read:

SB55-ASA1,688,13 69.01 (26) (intro.) "Vital records" means certificates any of the following:

SB55-ASA1,688,15 (a) Certificates of birth, death, and divorce or annulment, and marriage documents and data.

SB55-ASA1,688,17 (c) Data related thereto to documents under par. (a) or worksheets under par. (b).

SB55-ASA1, s. 1083 Section 1083. 69.01 (26) (b) of the statutes is created to read:

SB55-ASA1,688,20 69.01 (26) (b) Worksheets that use forms that are approved by the state registrar and are related to documents under par. (a).

SB55-ASA1, s. 1084 Section 1084. 69.03 (5) of the statutes is amended to read:

SB55-ASA1,689,8 69.03 (5) Under this subchapter, accept for registration, assign a date of acceptance, and index and preserve original certificates of birth and death, original marriage documents and original divorce reports. Indexes prepared for public use under s. 69.20 (3) (e) shall consist of the registrant's full name, date of the event, county of occurrence, county of residence, and, at the discretion of the state registrar, state file number. Notwithstanding s. 69.24 (1) (e), the state registrar may transfer the paper original of a vital record to optical disc or electronic format in accordance with s. 16.61 (5) or to microfilm reproduction in accordance with s. 16.61 (6) and destroy the paper original of any vital record that is so converted. For the purposes of this subchapter, the electronic format version or microfilm reproduction version of the paper original of a vital record that has been transferred under this subsection shall serve as the original vital record.

SB55-ASA1, s. 1085 Section 1085. 69.06 (2) of the statutes is amended to read:

SB55-ASA1,689,13 69.06 (2) Make, file, and index an exact copy of every certificate accepted under sub. (1). Indexes prepared for public use under s. 69.20 (3) (e) shall consist of the registrant's full name, date of the event, county of occurrence, county of residence, and, at the discretion of the state registrar, local file number.

SB55-ASA1, s. 1086 Section 1086. 69.07 (2) of the statutes is amended to read:

SB55-ASA1,689,19 69.07 (2) Make, file, and index an exact copy of every vital record accepted under sub. (1) or received under s. 69.05 (3). Indexes prepared for public use under s. 69.20 (3) (e) shall consist of the registrant's full name, date of the event, county of occurrence, county of residence, and, at the discretion of the state registrar, local file number.

SB55-ASA1, s. 2065b Section 2065b. 69.08 (1) of the statutes is amended to read:

SB55-ASA1,689,21 69.08 (1) Is on a form prescribed or supplied for the record by the state registrar.

SB55-ASA1, s. 1087 Section 1087. 69.11 (3) (b) 2. of the statutes is amended to read: