Amendment ASA1-AB40

AB40-ASA1, s. 1715p Section 1715p. 62.623 of the statutes, as created by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,653,3 62.623 Payment of contributions in an employee retirement system of a 1st class city. (1) Beginning on the effective date of this section .... [LRB inserts date], in any employee retirement system of a 1st class city, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111 and except as provided in sub. (2), employees shall pay all employee required contributions for funding benefits under the retirement system. The employer may not pay on behalf of an employee any of the employee's share of the required contributions.

AB40-ASA1,653,9 (2) (a) An employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the employer before the effective date of this paragraph .... [LRB inserts date], the same contributions required by sub. (1) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by the employer before the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1,653,19 (b) An employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the employer before the effective date of this paragraph .... [LRB inserts date], and who on or after the effective date of this paragraph .... [LRB inserts date], became employed in a nonrepresented law enforcement or fire fighting managerial position with the employer, or a successor employer in the event of a combined department that is created on or after the effective date of this paragraph .... [LRB inserts date], the same contributions required by sub. (1) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by the employer before the effective date of this paragraph .... [LRB inserts date].

AB40-ASA1, s. 1717 Section 1717. 66.0101 (11) of the statutes is amended to read:

AB40-ASA1,653,24 66.0101 (11) Sections 62.13 and 62.50 and chapter 589, laws of 1921, and chapter 423, laws of 1923, shall be construed as enactments of statewide concern for the purpose of providing uniform regulation of police and , fire, and combined protective services departments.

AB40-ASA1, s. 1719 Section 1719. 66.0211 (5) of the statutes is amended to read:

AB40-ASA1,654,10 66.0211 (5) Certification of incorporation. If a majority of the votes in an incorporation referendum are cast in favor of a village or city, the clerk of the circuit court shall certify the fact to the secretary of state and supply the secretary of state with a copy of a description of the legal boundaries of the village or city and the associated population and a copy of a plat of the village or city. Within 10 days of receipt of the description and plat, the secretary of state shall forward 2 copies to the department of transportation and one copy each to the department of administration, and the department of revenue and the department of commerce. The secretary of state shall issue a certificate of incorporation and record the certificate.

AB40-ASA1, s. 1719d Section 1719d. 66.0235 (5) of the statutes is amended to read:

AB40-ASA1,655,15 66.0235 (5) Apportionment board. The boards or councils of the local governmental units, or committees selected for that purpose, acting together, constitute an apportionment board. When a local governmental unit is dissolved because all of its territory is transferred the board or council of the local governmental unit existing at the time of dissolution shall, for the purpose of this section, continue to exist as the governing body of the local governmental unit until there has been an apportionment of assets by agreement of the interested local governmental units or by an order of the circuit court. After an agreement for apportionment of assets has been entered into between the interested local governmental units, or an order of the circuit court becomes final, a copy of the apportionment agreement, or of the order, certified to by the clerks of the interested local governmental units, shall be filed with the department of revenue, the department of natural resources, the department of transportation, the state superintendent of public instruction, the department of administration, and with any other department or agency of the state from which the town may be entitled by law to receive funds or certifications or orders relating to the distribution or disbursement of funds, with the county treasurer, with the treasurer of any local governmental unit, or with any other entity from which payment would have become due if the dissolved local governmental unit had continued in existence. Subject to ss. 79.006 and 86.303 (4), payments from the shared revenue account made pursuant to ch. 79, payments of forest crop taxes under s. 77.05, of transportation aids under s. 20.395, of state aids for school purposes under ch. 121, payments for managed forest land under subch. VI of ch. 77 and all payments due from a department or agency of the state, from a county, from a local governmental unit, or from any other entity from which payments would have become due if the dissolved local governmental unit had continued in existence, shall be paid to the interested local governmental unit as provided by the agreement for apportionment of assets or by any order of apportionment by the circuit court and the payments have the same force and effect as if made to the dissolved local governmental unit.

AB40-ASA1, s. 1720b Section 1720b. 66.0301 (1) (a) of the statutes is amended to read:

AB40-ASA1,656,6 66.0301 (1) (a) Except as provided in pars. (b) and (c), 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, local cultural arts district created under subch. V of ch. 229, transit authority created under s. 66.1039, long-term 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, regional planning commission, housing authority created under s. 66.1201, redevelopment authority created under s. 66.1333, community development authority created under s. 66.1335, or city-county health department.

AB40-ASA1, s. 1720d Section 1720d. 66.0304 (1) (b) of the statutes is amended to read:

AB40-ASA1,656,10 66.0304 (1) (b) "Bond" means any bond, note or other obligation of a commission issued or entered into under this section, including any refunding bond or certificate of participation or lease-purchase, installment sale, or other financing agreement.

AB40-ASA1, s. 1720e Section 1720e. 66.0304 (1) (e) of the statutes is amended to read:

AB40-ASA1,656,16 66.0304 (1) (e) "Participant" means any public or private entity or unincorporated association, including a federally recognized Indian tribe or band, that contracts with a commission for the purpose of financing or refinancing a project that is owned, sponsored, or controlled by the public or private entity or unincorporated association.

AB40-ASA1, s. 1720f Section 1720f. 66.0304 (1) (f) of the statutes is amended to read:

AB40-ASA1,656,21 66.0304 (1) (f) "Political subdivision" means any city, village, town, or county in this state or any city, village, town, county, district, office, department, authority, agency, commission, or other similar governmental entity in another state or territory of the United States.

AB40-ASA1, s. 1720h Section 1720h. 66.0304 (4) (i) of the statutes is amended to read:

AB40-ASA1,656,25 66.0304 (4) (i) Make loans to, lease property from or to, or enter into any other kind of an agreement with a participant or other entity, in connection with financing or refinancing a project.

AB40-ASA1, s. 1720i Section 1720i. 66.0304 (4) (k) of the statutes is amended to read:

AB40-ASA1,657,6 66.0304 (4) (k) Assign or pledge any portion of its interests in projects, mortgages, deeds of trust, indentures of mortgage or trust, leases, purchase or sale agreements or other financing agreements, or similar instruments, bonds, notes, and security interests in property, of a participant, or contracts entered into or acquired in connection with bonds.

AB40-ASA1, s. 1720j Section 1720j. 66.0304 (4) (p) of the statutes is amended to read:

AB40-ASA1,657,12 66.0304 (4) (p) Purchase bonds issued by or on behalf of, or held by, any participant, the state or a department, authority, or agency of the state, or any political subdivision. Bonds purchased under this paragraph may be held by the commission or sold, in whole or in part, separately or together with other bonds issued by the commission.

AB40-ASA1, s. 1720L Section 1720L. 66.0304 (5) (am) of the statutes is created to read:

AB40-ASA1,657,21 66.0304 (5) (am) Notwithstanding par. (a), as an alternative to specifying the matters required to be specified in the bond resolution under par. (a), the resolution may specify members of the board or officers or employees of the commission, by name or position, to whom the commission delegates authority to determine which of the matters under specified par. (a), and any other matters that the commission deems appropriate, for inclusion in the trust agreement, indenture, or other agreement providing for issuance of the bonds as finally executed. A resolution under this paragraph shall specify at least all of the following:

AB40-ASA1,657,22 1. The maximum principal amount of bonds to be issued.

AB40-ASA1,657,23 2. The maximum term of the bonds.

AB40-ASA1,657,24 3. The maximum interest rate to be borne by the bonds.

AB40-ASA1, s. 1720m Section 1720m. 66.0304 (5) (d) of the statutes is amended to read:

AB40-ASA1,658,3 66.0304 (5) (d) The proceeds of a bond issued under this section may be used for a project in one or more projects located within or outside of this state or any other state.

AB40-ASA1, s. 1720p Section 1720p. 66.0304 (11) (a) of the statutes is amended to read:

AB40-ASA1,658,13 66.0304 (11) (a) A commission may not authorize bonds to finance a capital improvement project unless a political subdivision within whose boundaries the project is to be located has approved the financing of the project. A commission may not authorize bonds to finance a capital improvement project in this state unless all of the political subdivisions within whose boundaries the project is to be located has approved the financing of the project. An approval under this paragraph may be made by the governing body of the political subdivision or, if the political subdivision is a 1st class city or a county in which a 1st class city is located, by the highest ranking executive or administrator of the political subdivision.

AB40-ASA1, s. 1720q Section 1720q. 66.0304 (11) (e) 1. of the statutes is repealed.

AB40-ASA1, s. 1720s Section 1720s. 66.0304 (11) (e) 2. of the statutes is renumbered 66.0304 (11) (e).

AB40-ASA1, s. 1721 Section 1721. 66.0309 (3) (a) 3. of the statutes is repealed.

AB40-ASA1, s. 1721u Section 1721u. 66.0602 (1) (au) of the statutes is created to read:

AB40-ASA1,658,19 66.0602 (1) (au) "Municipality" means a city, village, or town.

AB40-ASA1, s. 1722b Section 1722b. 66.0602 (1) (d) of the statutes is renumbered 66.0602 (1) (d) (intro.) and amended to read:

AB40-ASA1,658,25 66.0602 (1) (d) (intro.) "Valuation factor" means a percentage equal to the greater of either 3 percent or the percentage change in the political subdivision's January 1 equalized value due to new construction less improvements removed between the previous year and the current year. or one of the following:

AB40-ASA1, s. 1722c Section 1722c. 66.0602 (1) (d) 1. of the statutes is created to read:

AB40-ASA1,659,3 66.0602 (1) (d) 1. For the levy that is imposed in December 2011 and December 2012, zero percent.

AB40-ASA1, s. 1722d Section 1722d. 66.0602 (1) (d) 2. of the statutes is created to read:

AB40-ASA1,659,6 66.0602 (1) (d) 2. For the levy that is imposed in December 2013 and in every succeeding December, 1.5 percent.

AB40-ASA1, s. 1723 Section 1723. 66.0602 (2) of the statutes is amended to read:

AB40-ASA1,659,15 66.0602 (2) Levy limit. Except as provided in subs. (3), (4), and (5), no political subdivision may increase its levy in any year by a percentage that exceeds the political subdivision's valuation factor. The base amount in any year, to which the limit under this section applies, shall be the maximum allowable actual levy for the immediately preceding year. In determining its levy in any year, a city, village, or town shall subtract any tax increment that is calculated under s. 59.57 (3) (a), 60.85 (1) (L), or 66.1105 (2) (i). The base amount in any year, to which the limit under this section applies, may not include any amount to which sub. (3) (e) 8. applies.

AB40-ASA1, s. 1724 Section 1724. 66.0602 (2m) of the statutes is created to read:

AB40-ASA1,659,25 66.0602 (2m) Negative adjustment. If a political subdivision's levy for the payment of any general obligation debt service, including debt service on debt issued or reissued to fund or refund outstanding obligations of the political subdivision and interest on outstanding obligations of the political subdivision, on debt originally issued before July 1, 2005, is less in the current year than it was in the previous year, the political subdivision shall reduce its levy limit in the current year by an amount equal to the amount that its levy was reduced as described in this subsection. This subsection does not apply to any political subdivision that does not increase its levy increase limit as allowed under sub. (3) (f) 1.

AB40-ASA1, s. 1724d Section 1724d. 66.0602 (3) (cm) of the statutes is repealed.

AB40-ASA1, s. 1724h Section 1724h. 66.0602 (3) (e) 9. of the statutes is created to read:

AB40-ASA1,660,4 66.0602 (3) (e) 9. The political subdivision's share of any refund or rescission determined by the department of revenue and certified under s. 74.41 (5).

AB40-ASA1, s. 1724k Section 1724k. 66.0602 (3) (f) of the statutes is created to read:

AB40-ASA1,660,11 66.0602 (3) (f) 1. Subject to subd. 3., if a political subdivision's allowable levy under this section in 2010 was greater than its actual levy in 2010, the levy increase limit otherwise applicable under this section to the political subdivision in 2011 is increased by the difference between these 2 amounts, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in 2010.

AB40-ASA1,660,17 2. Subject to subd. 3., if a political subdivision's allowable levy under this section in 2011 was greater than its actual levy in 2011, the levy increase limit otherwise applicable under this section to the political subdivision in 2012 is increased by the difference between these 2 amounts, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in 2011.

AB40-ASA1,660,20 3. The adjustment described in subds. 1. and 2. may occur only if the political subdivision's governing body approves of the adjustment by one of the following methods:

AB40-ASA1,660,22 a. With regard to a city, village, or county, if the governing body consists of at least 5 members, by a three-quarters majority vote of the governing body.

AB40-ASA1,660,24 b. With regard to a city, village, or county, if the governing body consists of fewer than 5 members, by a two-thirds majority vote of the governing body.

AB40-ASA1,661,3 c. With a regard to a town, by a majority vote of the annual town meeting, or a special town meeting, if the town board has adopted a resolution approving of the adjustment by a two-thirds majority vote of the town board.

AB40-ASA1,661,9 4. If a political subdivision's allowable levy under this section in 2012, or any year thereafter, was greater than its actual levy in that year, the levy increase limit otherwise applicable under this section to the political subdivision in the next succeeding year is increased by the difference between the prior year's allowable levy and the prior year's actual levy, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in that prior year.

AB40-ASA1, s. 1724p Section 1724p. 66.0602 (3) (j) of the statutes is created to read:

AB40-ASA1,661,16 66.0602 (3) (j) 1. Subject to subd. 2., if a municipality experiences a shortfall in its general fund due to a loss of revenue received by the municipality from the sale of water or another commodity to a manufacturing facility as a result of the manufacturer discontinuing operations at the facility, the limit otherwise applicable under this section may be increased by the amount that the municipality levies to make up for the revenue shortfall.

AB40-ASA1,661,23 2. The maximum adjustment claimed under subd. 1. shall equal the revenue received by the municipality from the sale of water or another commodity, as described in subd. 1., in the year prior to the year in which the manufacturing facility closed. A municipality may claim the adjustment in more than one year, except that the sum of all such adjustments may not exceed the revenue loss to the municipality's general fund in the year that the manufacturer discontinues operations at the facility.

AB40-ASA1, s. 1725c Section 1725c. 66.0602 (7) of the statutes is repealed.

AB40-ASA1, s. 1725m Section 1725m. 66.0615 (1m) (d) 7. of the statutes is created to read:

AB40-ASA1,662,5 66.0615 (1m) (d) 7. Notwithstanding the provisions of subds. 1. and 2., any amount of room tax revenue that a municipality described under s. 77.994 (3) is required to spend on tourism promotion and development shall be forwarded to, and spent by, the municipality's tourism entity, unless the municipality creates a commission and forwards the revenue to the commission.

AB40-ASA1, s. 1727d Section 1727d. 66.0901 (1) (bm) of the statutes is created to read:

AB40-ASA1,662,7 66.0901 (1) (bm) "Political subdivision" means a city, village, town, or county.

AB40-ASA1, s. 1727e Section 1727e. 66.0901 (1m) of the statutes is created to read:

AB40-ASA1,662,11 66.0901 (1m) Method of bidding. (a) Except when necessary to secure federal aid, whenever a political subdivision lets a public contract by bidding, the political subdivision shall comply with all of the following:

AB40-ASA1,662,12 1. The bidding shall be on the basis of sealed competitive bids.

AB40-ASA1,662,13 2. The contract shall be awarded to the lowest responsible bidder.

AB40-ASA1,662,17 (b) Except when necessary to secure federal aid, a political subdivision may not use a bidding method that gives preference based on the geographic location of the bidder or that uses criteria other than the lowest responsible bidder in awarding a contract.

AB40-ASA1, s. 1727i Section 1727i. 66.0901 (10) of the statutes is created to read:

AB40-ASA1,662,22 66.0901 (10) Limitation on performance of public works by political subdivisions. (a) In this subsection, "public construction project" means any public construction, public works project, or construction-related services, including road, sewer, water, stormwater, wastewater, recycling, or bridge projects.

AB40-ASA1,663,2 (b) 1. Notwithstanding ss. 59.52 (29), 60.47, 61.54, 62.15 (1) and (5), 66.0131, 66.0301, 83.035, 83.04, and 86.25 and except as provided in subds. 2. and 3., a political subdivision may not use its own workforce to perform a highway improvement project on a highway under its jurisdiction or a highway under the jurisdiction of another political subdivision if any of the following applies:

AB40-ASA1,663,4 a. The project is funded, entirely or in part, with federal funds and construction commences after July 1, 2013.

AB40-ASA1,663,7 b. The project is funded, entirely or in part, with state funds, not including general transportation aids provided under s. 86.30, and construction commences after July 1, 2015.

AB40-ASA1,663,8 c. The project is performed by a county for or with a village or city.

AB40-ASA1,663,9 2. The provisions of subd. 1. do not apply if any of the following applies:

AB40-ASA1,663,10 a. The estimated cost of the project is less than $100,000.

AB40-ASA1,663,12 b. The project is in response to a public emergency, as formally declared by the chief elected official or governing body of the political subdivision.

AB40-ASA1,663,14 c. All materials for the project are donated and all of the labor for the project is provided by unpaid volunteers.

AB40-ASA1,663,17 d. The project is funded with local roads improvement program funds under s. 86.31, performed by a county workforce on a town road, and the criteria and rules under s. 86.31 (6) (h) are satisfied.

AB40-ASA1,663,19 e. The project is performed by a county under an individual project agreement approved prior to the effective date of this subd. 2. e. .... [LRB inserts date].

AB40-ASA1,663,22 3. The provisions of subd. 1. do not apply to that portion of a county highway improvement project funded with county trunk highway improvement discretionary grant funds under s. 86.31 (3g) that is performed using county funds.

AB40-ASA1,664,2 (c) 1. Notwithstanding ss. 59.52 (29), 60.47, 61.54, 62.15 (1) and (5), 66.0131, 66.0301, 83.035, 83.04, and 86.25 and except as provided in par. (b) and subd. 2., a political subdivision may not use its own workforce to perform a public construction project for or with another political subdivision.

AB40-ASA1,664,3 2. The provisions of subd. 1. do not apply if any of the following applies:

AB40-ASA1,664,5 a. The project is in response to a public emergency, as formally declared by the chief elected official or governing body of the political subdivision.

AB40-ASA1,664,7 b. All materials for the project are donated and all of the labor for the project is provided by unpaid volunteers.