Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,358,2 59.52 (6) (a) How acquired; purposes. Take and hold land acquired under ch. 75 and acquire, lease or rent property, real and personal, for public uses or purposes of any nature, including without limitation acquisitions for county buildings, airports, parks, recreation, highways, dam sites in parks, parkways and playgrounds, flowages, sewage and waste disposal for county institutions, lime pits for operation under s. 59.70 (24), equipment for clearing and draining land and controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and transfer of real property to the state for new collegiate institutions or research facilities, and for transfer to the state for state parks , for state forests and for the other uses and purposes specified in s. 23.09 (2) (d).".

SB55-SSA1-CA1,358,3 979. Page 665, line 20: after that line insert:

SB55-SSA1-CA1,358,4 " Section 2001r. 59.52 (29) (c) of the statutes is created to read:

SB55-SSA1-CA1,358,8 59.52 (29) (c) If a county enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under par. (a), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-CA1, s. 2002j Section 2002j. 59.57 (1) (b) of the statutes is amended to read:

SB55-SSA1-CA1,358,15 59.57 (1) (b) If a county with a population of 500,000 or more appropriates money under par. (a) to fund nonprofit agencies, the county shall have a goal of expending 20% of the money appropriated for this purpose to fund a nonprofit agency that is actively managed by minority group members, as defined in s. 560.036 (1) (f), a minority business certified by the department of commerce under s. 560.036 (2) and that principally serves minority group members.".

SB55-SSA1-CA1,358,16 980. Page 665, line 20: after that line insert:

SB55-SSA1-CA1,358,17 " Section 2002j. 59.54 (27) of the statutes is created to read:

SB55-SSA1-CA1,358,19 59.54 (27) Religious organizations; contract powers. (a) Definition. In this subsection, "board" includes any department, as defined in s. 59.60 (2) (a).

SB55-SSA1-CA1,359,2 (b) General purpose and authority. The purpose of this subsection is to allow the board to contract with, or award grants to, religious organizations, under any program administered by the county dealing with delinquency and crime prevention or the rehabilitation of offenders, on the same basis as any other nongovernmental provider, without impairing the religious character of such organizations and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

SB55-SSA1-CA1,359,12 (c) Nondiscrimination against religious organizations. If the board is authorized to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, to be contractors and grantees under any program administered by the board so long as the programs are implemented consistently with the first amendment to the U.S. Constitution and article I, section 18, of the Wisconsin constitution. Except as provided in par. (L), the board may not discriminate against an organization that is or applies to be a contractor or grantee on the basis that the organization does or does not have a religious character or because of the specific religious nature of the organization.

SB55-SSA1-CA1,359,16 (d) Religious character and freedom. 1. The board shall allow a religious organization with which the board contracts or to which the board awards a grant to retain its independence from government, including the organization's control over the definition, development, practice, and expression of its religious beliefs.

SB55-SSA1-CA1,359,19 2. The board may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture, or other symbols to be eligible for a contract or grant.

SB55-SSA1-CA1,359,25 (e) Rights of beneficiaries of assistance. 1. If the board contracts with, or awards grants to, a religious organization for the provision of crime prevention or offender rehabilitation assistance under a program administered by the board, an individual who is eligible for this assistance shall be informed in writing that assistance of equal value and accessibility is available from a nonreligious provider upon request.

SB55-SSA1-CA1,360,6 2. The board shall provide an individual who is otherwise eligible for assistance from an organization described under subd. 1. with assistance of equal value from a nonreligious provider if the individual objects to the religious character of the organization described under subd. 1. and requests assistance from a nonreligious provider. The board shall provide such assistance within a reasonable period of time after the date of the objection and shall ensure that it is accessible to the individual.

SB55-SSA1-CA1,360,10 (g) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance that is funded under any program administered by the board on the basis of religion, a religious belief or nonbelief, or a refusal to actively participate in a religious practice.

SB55-SSA1-CA1,360,15 (h) Fiscal accountability. 1. Except as provided in subd. 2., any religious organization that contracts with or receives a grant from the board is subject to the same laws and rules as other contractors and grantees regarding accounting, in accord with generally accepted auditing principles, for the use of the funds provided under such programs.

SB55-SSA1-CA1,360,18 2. If the religious organization segregates funds provided under programs administered by the board into separate accounts, only the financial assistance provided with those funds shall be subject to audit.

SB55-SSA1-CA1,360,21 (i) Compliance. Any party that seeks to enforce its rights under this subsection may bring a civil action for injunctive relief against the entity that allegedly commits the violation.

SB55-SSA1-CA1,360,24 (j) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the board may be expended for sectarian worship, instruction, or proselytization.

SB55-SSA1-CA1,361,7 (k) Certification of compliance. Every religious organization that contracts with or receives a grant from the county board to provide delinquency and crime prevention or offender rehabilitation services to eligible recipients shall certify in writing that it has complied with the requirements of pars. (g) and (j) and submit to the board a copy of this certification and a written description of the policies the organization has adopted to ensure that it has complied with the requirements under pars. (g) and (j).

SB55-SSA1-CA1,361,10 (L) Preemption. Nothing in this subsection may be construed to preempt any other statute that prohibits or restricts the expenditure of federal or state funds by or the granting of federal or state funds to religious organizations.".

SB55-SSA1-CA1,361,11 981. Page 669, line 11: after that line insert:

SB55-SSA1-CA1,361,12 " Section 2003pc. 60.10 (1) (g) of the statutes is created to read:

SB55-SSA1-CA1,361,15 60.10 (1) (g) Hourly wage of certain employees. Establish the hourly wage to be paid under s. 60.37 (4) to a town employee who is also an elected town officer, unless the authority has been delegated to the town board under sub. (2) (L).

SB55-SSA1-CA1, s. 2003pd Section 2003pd. 60.10 (2) (g) of the statutes is amended to read:

SB55-SSA1-CA1,361,19 60.10 (2) (g) Disposal of property. Authorize the town board to dispose of town real property, real or personal, other than property donated to and required to be held by the town for a special purpose.

SB55-SSA1-CA1, s. 2003pe Section 2003pe. 60.10 (2) (L) of the statutes is created to read:

SB55-SSA1-CA1,361,23 60.10 (2) (L) Hourly wage of certain employees. Authorize the town board to establish the hourly wage to be paid under s. 60.37 (4) to a town employee who is also an elected town officer, other than a town board supervisor.".

SB55-SSA1-CA1,361,24 982. Page 669, line 11: after that line insert:

SB55-SSA1-CA1,362,1 " Section 2003mn. 59.74 (2) (g) of the statutes is amended to read:

SB55-SSA1-CA1,362,4 59.74 (2) (g) Every land surveyor and every officer of the department of natural resources, every officer of the department of forestry and the district attorney shall enforce this subsection.".

SB55-SSA1-CA1,362,5 983. Page 669, line 17: after that line insert:

SB55-SSA1-CA1,362,6 " Section 2003t. 60.47 (7) of the statutes is created to read:

SB55-SSA1-CA1,362,11 60.47 (7) Minority contracting. If a town board enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under subs. (2) and (3), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-CA1, s. 2003up Section 2003up. 61.55 of the statutes is renumbered 61.55 (1) and amended to read:

SB55-SSA1-CA1,362,19 61.55 (1) All contracts for public construction, in any such village, exceeding $15,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.0901 insofar as said that section may be is applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $15,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed.

SB55-SSA1-CA1,363,3 (2) This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers, and this provision and s. 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

SB55-SSA1-CA1, s. 2003uq Section 2003uq. 61.55 (3) of the statutes is created to read:

SB55-SSA1-CA1,363,8 61.55 (3) If a village board enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under sub. (1), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).

SB55-SSA1-CA1, s. 2003vp Section 2003vp. 62.15 (1) of the statutes is renumbered 62.15 (1) (a) and amended to read:

SB55-SSA1-CA1,363,17 62.15 (1) Contracts; how let; exception for donated materials and labor. (a) All public construction, the estimated cost of which exceeds $15,000, shall be let by contract to the lowest responsible bidder; all. All other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $15,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed.

SB55-SSA1-CA1,363,22 (b) This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

SB55-SSA1-CA1, s. 2003vq Section 2003vq. 62.15 (1) (c) of the statutes is created to read:

SB55-SSA1-CA1,364,2 62.15 (1) (c) If a council enacts an ordinance or adopts a resolution that authorizes preferences or set-asides to minority businesses in the awarding of a public work contract under par. (a), the ordinance or resolution shall require that the minority business be certified by the department of commerce under s. 560.036 (2).".

SB55-SSA1-CA1,364,3 984. Page 669, line 17: after that line insert:

SB55-SSA1-CA1,364,4 " Section 2003rm. 60.34 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,364,7 60.34 (1) (a) Receive Except as provided in s. 66.0608, receive and take charge of all money belonging to the town, or which is required by law to be paid into the town treasury, and disburse the money under s. 66.0607.

SB55-SSA1-CA1, s. 2003rn Section 2003rn. 61.26 (2) of the statutes is amended to read:

SB55-SSA1-CA1,364,10 61.26 (2) Receive Except as provided in s. 66.0608, receive all moneys belonging or accruing to the village or directed by law to be paid to the treasurer.

SB55-SSA1-CA1, s. 2003ve Section 2003ve. 61.26 (3) of the statutes is amended to read:

SB55-SSA1-CA1,364,17 61.26 (3) Deposit Except as provided in s. 66.0608, deposit upon receipt the funds of the village in the name of the village in the public depository designated by the board. Failure to comply with this subsection shall be prima facie grounds for removal from office. When the money is deposited, the treasurer and bonders are not liable for the losses defined by s. 34.01 (2), and the interest shall be paid into the village treasury.

SB55-SSA1-CA1, s. 2003we Section 2003we. 62.09 (9) (a) of the statutes is amended to read:

SB55-SSA1-CA1,364,22 62.09 (9) (a) The Except as provided in s. 66.0608, the treasurer shall collect all city, school, county, and state taxes, receive all moneys belonging to the city or which by law are directed to be paid to the treasurer, and pay over the money in the treasurer's hands according to law.

SB55-SSA1-CA1, s. 2003wg Section 2003wg. 62.09 (9) (e) of the statutes is amended to read:

SB55-SSA1-CA1,365,8 62.09 (9) (e) The Except as provided in s. 66.0608, the treasurer shall deposit immediately upon receipt thereof the funds of the city in the name of the city in the public depository designated by the council. Such deposit may be in either a demand deposit or in a time deposit, maturing in not more than one year. Failure to comply with the provisions hereof shall be prima facie grounds for removal from office. When the money is so deposited, the treasurer and the treasurer's bonders shall not be liable for such losses as are defined by s. 34.01 (2). The interest arising therefrom shall be paid into the city treasury.".

SB55-SSA1-CA1,365,9 985. Page 669, line 17: after that line insert:

SB55-SSA1-CA1,365,10 " Section 2003tm. 60.77 (6) (a) of the statutes is amended to read:

SB55-SSA1-CA1,365,14 60.77 (6) (a) Let contracts for any work or purchase that involves an expenditure of $5,000 $15,000 or more to the lowest responsible bidder in the manner prescribed by the commission. Section 66.0901 applies to contracts let under this paragraph.".

SB55-SSA1-CA1,365,15 986. Page 669, line 17: after that line insert:

SB55-SSA1-CA1,365,16 " Section 2003sc. 60.323 of the statutes is amended to read:

SB55-SSA1-CA1,365,19 60.323 Compensation when acting in more than one official capacity. Except for offices combined under s. 60.305, no town may compensate a town officer for acting in more than one official capacity or office of the town at the same time.

SB55-SSA1-CA1, s. 2003se Section 2003se. 60.37 (1) of the statutes is amended to read:

SB55-SSA1-CA1,366,2 60.37 (1) General. The town board may employ on a temporary or permanent basis persons necessary to carry out the functions of town government including, subject to sub. (4), any elected officer of the town. The board may establish the qualifications and terms of employment, which may include the residency of the employee. The board may delegate the authority to hire town employees to any town official or employee.

SB55-SSA1-CA1, s. 2003sg Section 2003sg. 60.37 (4) of the statutes is created to read:

SB55-SSA1-CA1,366,11 60.37 (4) Elected officers serving as employees. (a) An elected town officer who also serves as a town employee may be paid an hourly wage for serving as a town employee, not exceeding a total of $5,000 each year. Amounts that are paid under this paragraph may be paid in addition to any amount that an individual receives under s. 60.32 or as a volunteer fire fighter, emergency medical technician, or first responder under s. 66.0501 (4). The $5,000 maximum in this paragraph includes amounts paid to a town board supervisor who is acting as superintendent of highways under s. 81.01 (1).

SB55-SSA1-CA1,366,13 (b) 1. Except as provided in subd. 2., the town meeting shall establish the hourly wage to be paid an elected town officer for serving as a town employee.

SB55-SSA1-CA1,366,16 2. If authorized by the town meeting under s. 60.10 (2) (L), the town board may establish the hourly wage to be paid an elected town officer, other than a town board supervisor, for serving as a town employee.".

SB55-SSA1-CA1,366,17 987. Page 669, line 18: after that line insert:

SB55-SSA1-CA1,366,18 " Section 2004g. 64.12 (4) of the statutes is amended to read:

SB55-SSA1-CA1,366,24 64.12 (4) At the end of each fiscal year the council shall cause a full and complete examination of all the books and accounts of the city to be made by competent certified public accountants licensed or certified under ch. 442 who shall report in full to the council. The summaries of such audits shall be presented and furnished to all newspapers and libraries of the city and to such other persons as shall apply therefor.

SB55-SSA1-CA1, s. 2004j Section 2004j. 64.34 (2) of the statutes is amended to read:

SB55-SSA1-CA1,367,6 64.34 (2) At the end of each year the council shall cause a full and complete examination of all of the books and accounts of the city to be made by competent certified public accountants licensed or certified under ch. 442, who shall report in full thereon to the council. Copies of such reports shall be furnished by the council to all newspapers of the city and to all persons who shall apply therefor.".

SB55-SSA1-CA1,367,8 988. Page 677, line 19: delete the material beginning with that line and ending with page 678, line 10.

SB55-SSA1-CA1,367,9 989. Page 678, line 22: after that line insert:

SB55-SSA1-CA1,367,10 " Section 2019g. 66.0217 (9) (b) of the statutes is amended to read:

SB55-SSA1-CA1,367,18 66.0217 (9) (b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state shall forward 2 copies of the ordinance, certificate and plat to the department of transportation, one copy to the department of administration, one copy to the department of revenue, one copy to the department of public instruction, one copy to the department, one copy to the department of natural resources, one copy to the department of forestry, one copy to the department of agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.".

SB55-SSA1-CA1,367,19 990. Page 679, line 21: after that line insert:

SB55-SSA1-CA1,367,21 " Section 2019mn. 66.0221 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,368,18 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 forestry, one copy to the department of revenue and one copy to the department of administration. This subsection does not apply if the town island was created only by the annexation of a railroad right-of-way or drainage ditch. This 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 subsection if the island consists of over 65 acres or contains over 100 residents. Section 66.0217 (11) applies to annexations under this 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-SSA1-CA1,368,19 991. Page 680, line 5: after that line insert:

SB55-SSA1-CA1,368,20 " Section 2026k. 66.0901 (6) of the statutes is amended to read:

SB55-SSA1-CA1,369,11 66.0901 (6) Separation of contracts; classification of contractors. In public contracts for the construction, repair, remodeling, or improvement of a public building or structure, other than highway structures and facilities, a municipality may bid projects based on a single or multiple division of the work. Public contracts shall be awarded according to the division of work selected for bidding. The municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character, and classification of workers to be employed by any contractor, classify contractors as to their financial responsibility, competency, and ability to perform work, and set up a classified list of contractors. The municipality may reject the bid of any person, if the person has not been classified for the kind or amount of work in the bid. If one of the conditions a municipality imposes under a contract that is let under this section authorizes preferences or set-asides to minority businesses in the awarding of a contract under this section, the condition shall require that the minority business be certified by the department of commerce under s. 560.036 (2).".

SB55-SSA1-CA1,369,12 992. Page 680, line 5: after that line insert:

SB55-SSA1-CA1,369,13 " Section 2020n. 66.0301 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,370,2 66.0301 (1) (a) In this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under s. 59.70 (2), local exposition district created under subch. II of ch. 229, local professional baseball park district created under subch. III of ch. 229, local professional football stadium district created under subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229, family care district under s. 46.2895, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district or, regional planning commission, or city-county health department.".

SB55-SSA1-CA1,370,3 993. Page 680, line 5: after that line insert:

SB55-SSA1-CA1,370,4 " Section 2020m. 66.0609 (3) of the statutes is amended to read:

SB55-SSA1-CA1,370,8 66.0609 (3) The ordinance under sub. (1) shall require that the governing body of the city or village obtain an annual detailed audit of its financial transactions and accounts by a certified public accountant licensed or certified under ch. 442 and designated by the governing body.".