SB55-SSA1-SA2,239,19
162.13
(5) (i)
Any If any person
is suspended, reduced, suspended and reduced,
2or removed by the board
, the person or any labor organization that represents such
3a person may appeal from the order of the board to the circuit court by serving written
4notice of the appeal on the secretary of the board within 10 days after the order is filed
5or by filing a motion with the circuit court under s. 788.13. Within 5 days after
6receiving written notice of the appeal, the board
or arbitrator shall certify to the clerk
7of the circuit court the record of the proceedings, including all documents, testimony
8and minutes. The action shall then be at issue and shall have precedence over any
9other cause of a different nature pending in the court, which shall always be open to
10the trial thereof. The court shall upon application of the accused or of the board fix
11a date of trial, which shall not be later than 15 days after such application except by
12agreement. The trial shall be by the court and upon the return of the board, except
13that the court may require further return or the taking and return of further
14evidence by the board. The question to be determined by the court shall be: Upon the
15evidence is there just cause, as described under par. (em), to sustain the charges
16against the accused? No costs shall be allowed either party and the clerk's fees shall
17be paid by the city. If the order of the board is reversed, the accused shall be forthwith
18reinstated and entitled to pay as though in continuous service. If the order of the
19board is sustained it shall be final and conclusive.".
SB55-SSA1-SA2,240,822
62.51
(1) (a) "Public office" means the following positions or their equivalent:
23city engineer;
city comptroller; city purchasing agent; commissioner of building
24inspection, of city development, of health
, or of public works; director of
1administration, of budget and management, of community development agency, of
2employee relations, of office of telecommunications, or of safety; emergency
3management coordinator; employee benefits administrator; executive director of the
4commission on community relations; municipal port director; commissioner of
5assessments; director of liaison; city personnel director; executive director of the
6retirement board; executive director of the city board of election commissioners; city
7librarian; city labor negotiator; executive secretary of the board of fire and police
8commissioners; and supervisor of the central electronics board.".
SB55-SSA1-SA2,240,1611
66.0137
(4) Self-insured health plans. If a city, including a 1st class city, or
12a village provides health care benefits under its home rule power, or if a town
13provides health care benefits, to its officers and employees on a self-insured basis,
14the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
15632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5),
16632.895 (9) to
(14) (15), 632.896
, and 767.25 (4m) (d).".
SB55-SSA1-SA2,241,4
466.0627 (title)
Special charges for current services.
SB55-SSA1-SA2,241,116
66.0627
(2) Except as provided in sub. (5), the governing body of a city, village
7or town may impose a special charge against real property for
current services
that
8are available, regardless of whether the services are actually rendered
, by allocating
9all or part of the cost of the service to the property
that is served
or that is eligible
10to be served. The authority under this section is in addition to any other method
11provided by law.
SB55-SSA1-SA2,241,2013
66.0707
(2) A city, village or town may impose a special charge under s. 66.0627
14against real property in an adjacent city, village or town that is served by
current 15services
that are available, regardless of whether the services are actually rendered
16by the municipality imposing the special charge if the municipality in which the
17property is located approves the imposition by resolution. The owner of the property
18is entitled to the use and enjoyment of the service for which the special charge is
19imposed on the same conditions as the owner of property within the city, village or
20town.".
SB55-SSA1-SA2,242,323
66.0501
(4) Compatible offices and positions. A volunteer fire fighter,
24emergency medical technician or first responder in a city, village or town whose
1annual compensation, including fringe benefits, does not exceed
$2,500 the amount
2specified in s. 946.13 (2) (a) may also hold an
elected elective office in that city, village
3or town.".
SB55-SSA1-SA2,242,176
66.0301
(1) (a) In this section "municipality" means the state or any
7department or agency thereof,
or any city, village, town, county, school district, public
8library system, public inland lake protection and rehabilitation district, sanitary
9district, farm drainage district, metropolitan sewerage district, sewer utility district,
10solid waste management system created under s. 59.70 (2), local exposition district
11created under subch. II of ch. 229, local professional baseball park district created
12under subch. III of ch. 229, local professional football stadium district created under
13subch. IV of ch. 229,
a local cultural arts district created under subch. V of ch. 229,
14family care district under s. 46.2895, water utility district, mosquito control district,
15municipal electric company, county or city transit commission, commission created
16by contract under this section, taxation district
, or regional planning commission
, or
17the Milwaukee County child welfare district under s. 48.562.".
SB55-SSA1-SA2,243,1020
66.0901
(6) Separation of contracts; classification of contractors. In public
21contracts for the construction, repair, remodeling
, or improvement of a public
22building or structure, other than highway structures and facilities, a municipality
23may bid projects based on a single or multiple division of the work. Public contracts
24shall be awarded according to the division of work selected for bidding. The
1municipality may set out in any public contract reasonable and lawful conditions as
2to the hours of labor, wages, residence, character
, and classification of workers to be
3employed by any contractor, classify contractors as to their financial responsibility,
4competency
, and ability to perform work
, and set up a classified list of contractors.
5The municipality may reject the bid of any person, if the person has not been
6classified for the kind or amount of work in the bid.
If one of the conditions a
7municipality imposes under a contract that is let under this section authorizes
8preferences or set-asides to minority businesses in the awarding of a contract under
9this section, the condition shall require that the minority business be certified by the
10department of commerce under s. 560.036 (2).".
SB55-SSA1-SA2,243,2413
66.0301
(1) (a) In this section "municipality" means the state or any
14department or agency thereof, or any city, village, town, county, school district, public
15library system, public inland lake protection and rehabilitation district, sanitary
16district, farm drainage district, metropolitan sewerage district, sewer utility district,
17solid waste management system created under s. 59.70 (2), local exposition district
18created under subch. II of ch. 229, local professional baseball park district created
19under subch. III of ch. 229, local professional football stadium district created under
20subch. IV of ch. 229, a local cultural arts district created under subch. V of ch. 229,
21family care district under s. 46.2895, water utility district, mosquito control district,
22municipal electric company, county or city transit commission, commission created
23by contract under this section, taxation district
or, regional planning commission
, or
24city-county health department.".
SB55-SSA1-SA2,244,173
66.0903
(3) (am) A local governmental unit, before making a contract by direct
4negotiation or soliciting bids on a contract, for the erection, construction, remodeling,
5repairing or demolition of any project of public works, including a highway, street or
6bridge construction project, shall apply to the department to determine the
7prevailing wage rate for each trade or occupation required in the work contemplated.
8The department shall conduct investigations and hold public hearings as necessary
9to define the trades or occupations that are commonly employed on projects that are
10subject to this section and to inform itself as to the prevailing wage rates in all areas
11of the state for those trades or occupations, in order to determine the prevailing wage
12rate for each trade or occupation.
In defining those trades or occupations, the
13department may not define swimming pool installer as a separate trade or
14occupation for purposes of determining the prevailing wage rates for the trades or
15occupations that are commonly employed in the construction of swimming pools. The
16department shall issue its determination within 30 days after receiving the request
17and shall file the determination with the requesting local governmental unit.".
SB55-SSA1-SA2,245,221
66.1105
(2) (f) 3. Notwithstanding subd. 1., project costs may not include any
22expenditures made or estimated to be made or monetary obligations incurred or
23estimated to be incurred by the city for newly platted residential development for any
24tax incremental district for which a project plan is approved after September 30,
11995
, or for which an amendment of a project plan is approved after the effective date
2of this subdivision .... [revisor inserts date].
SB55-SSA1-SA2,245,164
66.1105
(2) (i) "Tax increment" means that amount obtained by multiplying the
5total county, city, school and other local general property taxes levied on all taxable
6property within a tax incremental district in a year by a fraction having as a
7numerator the value increment for that year in the district and as a denominator that
8year's equalized value of all taxable property in the district. In any year, a tax
9increment is "positive" if the value increment is positive; it is "negative" if the value
10increment is negative.
With regard to a tax incremental district that has been
11declared an industrial district under sub. (4) (gm) 6., the calculation under this
12paragraph may not include the value of any residential property and may not include
13the value of any improved property on which more than 35% of the improved square
14footage is devoted to retail operations, including any storage areas or warehouses
15that contain merchandise that could be sold on-site at retail as part of an on-site
16retail operation.
SB55-SSA1-SA2,246,318
66.1105
(2) (j) "Tax incremental base" means the aggregate value, as equalized
19by the department of revenue, of all taxable property located within a tax
20incremental district on the date as of which the district is created, determined as
21provided in sub. (5) (b). The base of districts created before October 1,
1980, does not
22include the value of property exempted under s. 70.111 (17).
With regard to a tax
23incremental district that has been declared an industrial district under sub. (4) (gm)
246., the calculation under this paragraph may not include the value of any residential
25property and may not include the value of any improved property on which more than
135% of the improved square footage is devoted to retail operations, including any
2storage areas or warehouses that contain merchandise that could be sold on-site at
3retail as part of an on-site retail operation.
SB55-SSA1-SA2,246,105
66.1105
(3) (g) Create a standing joint review board that may remain in
6existence for the entire time that any tax incremental district exists in the city. All
7of the provisions that apply to a joint review board that is convened under sub. (4m)
8(a) apply to a standing joint review board that is created under this paragraph. A
9city may disband a joint review board that is created under this paragraph at any
10time.
SB55-SSA1-SA2,247,812
66.1105
(4) (gm) 1. Describes the boundaries, which may, but need not, be the
13same as those recommended by the planning commission, of a tax incremental
14district with sufficient definiteness to identify with ordinary and reasonable
15certainty the territory included in the district.
The boundaries of the tax incremental
16district may not include any territory that was not within the boundaries of the city
17on January 1, 2000, unless 3 years have elapsed since the territory was annexed by
18the city or unless the city enters into a cooperative plan boundary agreement, under
19s. 66.0307, with the town from which the territory was annexed. If the city enters
20into a cooperative plan boundary agreement under s. 66.0307 with the town, the city
21may compensate the town for tax revenues lost by the town as a result of annexation. 22The boundaries shall include only those whole units of property as are assessed for
23general property tax purposes. Property standing vacant for an entire 7-year period
24immediately preceding adoption of the resolution creating a tax incremental district
25may not comprise more than 25% of the area in the tax incremental district, unless
1the tax incremental district is suitable for industrial sites under subd. 4. a. and the
2local legislative body implements an approved project plan to promote industrial
3development within the meaning of s. 66.1101. In this subdivision, "vacant property"
4includes property where the fair market value or replacement cost value of structural
5improvements on the parcel is less than the fair market value of the land. In this
6subdivision, "vacant property" does not include property acquired by the local
7legislative body under ch. 32 or property included within the abandoned Park East
8freeway corridor or the abandoned Park West freeway corridor in Milwaukee County.
SB55-SSA1-SA2,247,1710
66.1105
(4) (gm) 4. c. Either the equalized value of taxable property of the
11district plus all existing districts does not exceed 7% of the total equalized value of
12taxable property within the city or the equalized value of taxable property of the
13district plus the value increment of all existing districts within the city does not
14exceed 5% of the total equalized value of taxable property within the city.
The
15calculations required under this subd. 4. c. shall be based on the most recent values
16of taxable property of the district that are certified by the department of revenue as
17of the year in which a resolution is adopted under this paragraph.
SB55-SSA1-SA2,247,2419
66.1105
(4) (gm) 6. Declares that the district is a blighted area district, a
20rehabilitation or conservation district, or an industrial district, based on the
21identification and classification of the property included within the district under
22par. (c) and subd. 4. a. If the district is not exclusively blighted, rehabilitation or
23conservation, or industrial, the declaration under this subdivision shall be based on
24which classification is predominant with regard to the area described in subd. 4. a.
SB55-SSA1-SA2,248,11
166.1105
(4) (h) 2. Except as provided in subds. 3. and 4., not more than once
2during the
10 years after the creation of a tax incremental district that was created
3before October 1, 1995 or 7 years after the
date on which any other tax incremental
4district is created, the planning commission may adopt an amendment to a project
5plan under subd. 1. to modify the district's boundaries by
subtracting territory from
6the district or by adding territory to the district that is contiguous to the district and
7that is served by public works or improvements that were created as part of the
8district's project plan. Expenditures for project costs that are incurred because of an
9amendment to a project plan to which this subdivision applies may be made for not
10more than 3 years after the date on which the local legislative body adopts a
11resolution amending the project plan.
SB55-SSA1-SA2,249,1013
66.1105
(4m) (a) Any city that seeks to create a tax incremental district or
14amend a project plan shall convene a
temporary joint review board
under this
15paragraph, or a standing joint review board under sub. (3) (g), to review the proposal.
16The Except as provided in par. (am), the board shall consist of one representative
17chosen by the school district that has power to levy taxes on the property within the
18tax incremental district, one representative chosen by the technical college district
19that has power to levy taxes on the property within the tax incremental district, one
20representative chosen by the county that has power to levy taxes on the property
21within the tax incremental district, one representative chosen by the city and one
22public member. If more than one school district,
more than one union high school
23district, more than one elementary school district, more than one technical college
24district or more than one county has the power to levy taxes on the property within
25the tax incremental district, the unit in which is located property of the tax
1incremental district that has the greatest value shall choose that representative to
2the board. The public member and the board's chairperson shall be selected by a
3majority of the other board members before the public hearing under sub. (4) (a) or
4(h) 1. is held. All board members shall be appointed and the first board meeting held
5within 14 days after the notice is published under sub. (4) (a) or (h) 1. Additional
6meetings of the board shall be held upon the call of any member. The city that seeks
7to create the tax incremental district or to amend its project plan shall provide
8administrative support for the board. By majority vote, the board may disband
9following approval or rejection of the proposal
, unless the board is a standing board
10that is created by the city under sub. (3) (g).
SB55-SSA1-SA2,249,1912
66.1105
(4m) (am) If a city seeks to create a tax incremental district that is
13located in a union high school district, the seat that is described under par. (a) for the
14school board representative to the board shall be held by 2 representatives, each of
15whom has one-half of a vote. One representative shall be chosen by the union high
16school district that has the power to levy taxes on the property within the tax
17incremental district and one representative shall be chosen by the elementary school
18district that has the power to levy taxes on the property within the tax incremental
19district.
SB55-SSA1-SA2,250,321
66.1105
(4m) (b) 2. Except as provided in subd. 2m.
and subject to subd. 4., no
22tax incremental district may be created and no project plan may be amended unless
23the board approves the resolution adopted under sub. (4) (gm) or (h) 1. by a majority
24vote not less than
10 days nor more than 30 14 days after receiving the resolution.
25The board may not approve the resolution under this subdivision unless the board's
1approval contains a positive assertion that, in its judgment, the development
2described in the documents the board has reviewed under subd. 1. would not occur
3without the creation of a tax incremental district.
SB55-SSA1-SA2,250,115
66.1105
(4m) (b) 2m. The requirement under subd. 2. that a vote by the board
6take place not less than
10 days nor more than 30
14 days after receiving a resolution
7does not apply to a resolution amending a project plan under sub. (4) (h) 1. if the
8resolution relates to a tax incremental district, the application for the
9redetermination of the tax incremental base of which was made in 1998, that is
10located in a village that was incorporated in 1912, has a population of at least 3,800
11and is located in a county with a population of at least 108,000.
SB55-SSA1-SA2,251,213
66.1105
(4m) (b) 4. Not later than 5 working days after submitting its decision
14under subd. 3., any member of the board may request that the department of revenue
15review any of the documents listed in subd. 1. to determine whether the information
16submitted to the board complies with this section or whether any of the information
17contains a factual inaccuracy. The request must be in writing and must specify which
18particular fact or item the member believes is incomplete or inaccurate. Not later
19than 5 working days after receiving a request that complies with the requirements
20of this subdivision, the department of revenue shall investigate the issues raised in
21the request and shall send its written response to the board. If the department of
22revenue determines that the information in the proposal does not comply with this
23section or contains a factual inaccuracy, the department shall return the proposal to
24the board. The board shall request that the city resolve the problems in its proposal
1and resubmit the proposal to the board. The board shall review the resubmitted
2proposal and vote to approve or deny the proposal as specified in this paragraph.
SB55-SSA1-SA2,251,74
66.1105
(4m) (b) 5. The board shall notify prospectively the governing body of
5every local governmental unit that is not represented on the board, and that has
6power to levy taxes on the property within the tax incremental district, of meetings
7of the board and of the agendas of each meeting for which notification is given.
SB55-SSA1-SA2,251,169
66.1105
(4m) (d) During the 15th year of the tax incremental district's
10existence, the board may recommend to the department of revenue that a tax
11incremental district that is suitable for industrial sites under sub. (4) (gm) 4. a. be
12allowed to remain in existence for up to 5 years after the date on which it would
13otherwise be required to terminate, for a total of up to 10 years after the last
14expenditure in the district's project plan is made, as described in sub. (7) (ae). The
15board may make such a recommendation only if it reviews and reapproves the
16findings under sub. (4) (gm) 4. c. and reapproves its decision under par. (c).
SB55-SSA1-SA2,251,2018
66.1105
(5) (a)
Upon Subject to sub. (8) (d), upon the creation of a tax
19incremental district or upon adoption of any amendment subject to par. (c), its tax
20incremental base shall be determined as soon as reasonably possible.
SB55-SSA1-SA2,252,822
66.1105
(5) (b) Upon application in writing by the city clerk, in a form
23prescribed by the department of revenue, the department shall determine according
24to its best judgment from all sources available to it the full aggregate value of the
25taxable property and, except as provided in par. (bm), of the city-owned property in
1the tax incremental district.
The Subject to sub. (8) (d), the department shall certify
2this aggregate valuation to the city clerk, and the aggregate valuation constitutes the
3tax incremental base of the tax incremental district. The city clerk shall complete
4these forms
, including forms for the amendment of a project plan, and submit the
5application
or amendment forms on or before December 31 of the year the tax
6incremental district is created, as defined in sub. (4) (gm) 2.
or, in the case of an
7amendment, on or before December 31 of the year in which the changes to the project
8plan take effect.
SB55-SSA1-SA2,252,2410
66.1105
(5) (c) If the city adopts an amendment to the original project plan for
11any district which includes additional project costs at least part of which will be
12incurred after the period specified in sub. (6) (am) 1., the tax incremental base for the
13district shall be redetermined, if sub. (4) (h) 2., 3. or 4. applies to the amended project
14plan, by adding to the tax incremental base the value of the taxable property
and the
15value of real property owned by the city, other than property described in par. (bm), 16that is added to the existing district under sub. (4) (h) 2., 3. or 4. or, if sub. (4) (h) 2.,
173. or 4. does not apply to the amended project plan, under par. (b), as of the January
181 next preceding the effective date of the amendment if the amendment becomes
19effective between January 2 and September 30, as of the next subsequent January
201 if the amendment becomes effective between October 1 and December 31 and if the
21effective date of the amendment is January 1 of any year, the redetermination shall
22be made on that date. The tax incremental base as redetermined under this
23paragraph is effective for the purposes of this section only if it exceeds the original
24tax incremental base determined under par. (b).
SB55-SSA1-SA2,253,12
166.1105
(5) (ce) If the city adopts an amendment, to which sub. (4) (h) 2., 3. or
24. applies, the tax incremental base for the district shall be redetermined, by adding
3to the tax incremental base the value of the taxable property
and the value of real
4property owned by the city, other than property described in par. (bm), that is added
5to the existing district under sub. (4) (h) 2., 3. or 4., as of the January 1 next preceding
6the effective date of the amendment if the amendment becomes effective between
7January 2 and September 30, as of the next subsequent January 1 if the amendment
8becomes effective between October 1 and December 31 and if the effective date of the
9amendment is January 1 of any year, the redetermination shall be made on that date.
10The tax incremental base as redetermined under this paragraph is effective for the
11purposes of this section only if it exceeds the original tax incremental base
12determined under par. (b).
SB55-SSA1-SA2,253,2414
66.1105
(5) (d) The department of revenue may not certify the tax incremental
15base as provided in par. (b) until it determines that each of the procedures and
16documents required by sub. (4) (a), (b), (gm) or (h) and par. (b) has been timely
17completed and all notices required under sub. (4) (a), (b), (gm) or (h) timely given.
18The facts supporting any document adopted or action taken to comply with sub. (4)
19(a), (b), (gm) or (h) are not subject to review by the department of revenue under this
20paragraph
, except that notwithstanding the general prohibition against the
21department's review of the facts supporting any document adopted or action taken
22to comply with sub. (4) (gm), the department may not certify the tax incremental base
23as provided in par. (b) until it reviews and approves of the findings that are described
24in sub. (4) (gm) 4. c.
SB55-SSA1-SA2, s. 2029sw
1Section 2029sw. 66.1105 (6) (a) of the statutes is renumbered 66.1105 (6) (a)
2(intro.) and amended to read:
SB55-SSA1-SA2,254,173
66.1105
(6) (a) (intro.) If the joint review board approves the creation of the tax
4incremental district under sub. (4m), positive tax increments with respect to a tax
5incremental district are allocated to the city which created the district for each year
6commencing after the date when a project plan is adopted under sub. (4) (g). The
7department of revenue may not authorize allocation of tax increments until it
8determines from timely evidence submitted by the city that each of the procedures
9and documents required under sub. (4) (d) to (f) has been completed and all related
10notices given in a timely manner. The department of revenue may authorize
11allocation of tax increments for any tax incremental district only if the city clerk and
12assessor annually submit to the department all required information on or before the
132nd Monday in June. The facts supporting any document adopted or action taken
14to comply with sub. (4) (d) to (f) are not subject to review by the department of revenue
15under this paragraph. After the allocation of tax increments is authorized, the
16department of revenue shall annually authorize allocation of the tax increment to
17the city that created the district until the
soonest of the following events:
SB55-SSA1-SA2,254,19
181. The department of revenue receives a notice under sub. (8) and the notice
19has taken effect under sub. (8) (b)
, 27.
SB55-SSA1-SA2,254,21
202. Twenty-seven years after the tax incremental district is created if the
21district is created before October 1, 1995
, 38.
SB55-SSA1-SA2,254,24
223. Thirty-eight years after the tax incremental district is created if the district
23is created before October 1, 1995, and the project plan is amended under sub. (4) (h)
243.
or 23
SB55-SSA1-SA2,255,3
14. Twenty-three years after the tax incremental district is created if the district
2is created after September 30, 1995,
whichever is sooner and before the effective
3date of this subdivision .... [revisor inserts date].
SB55-SSA1-SA2,255,95
66.1105
(6) (a) 5. Fifteen or 20 years, depending on the joint review board's
6recommendation under sub. (4m) (d) and the department of revenue's action
7described under sub. (7) (ae), after the tax incremental district is created if the
8district is created on or after the effective date of this subdivision .... [revisor inserts
9date], and if the district is suitable for industrial sites under sub. (4) (gm) 4. a.
SB55-SSA1-SA2,255,1411
66.1105
(6) (a) 6. Twenty-six years after the tax incremental district is created
12if the district is created on or after the effective date of this subdivision .... [revisor
13inserts date], and if the district, under sub. (4) (gm) 6., is a blighted area district or
14a rehabilitation or conservation district.