Amendment SSA1-SB21

SB21-SSA1,1948f Section 1948f. 62.53 of the statutes is created to read:

SB21-SSA1,601,13 62.53 Real property used for school purposes; 1st class cities. Beginning on the effective date of this section .... [LRB inserts date], the lessor of any lease entered into between a 1st class city and a school district operating under subch. I of ch. 119 and involving the use of city-owned real property for school purposes shall do the following:

SB21-SSA1,601,19 (1) Provide for the superintendent of schools, on behalf of the superintendent of schools opportunity schools and partnership program under s. 119.33, to be an agent of the board of school directors in charge of the public schools under ch. 119 upon transfer under s. 119.33 (2) (c) of the school using the land, buildings, and facilities to the superintendent of schools opportunity schools and partnership program under s. 119.33.

SB21-SSA1,601,24 (2) Provide for the commissioner of the opportunity schools and partnership program under subch. II of ch. 119 to be an agent of the board of school directors in charge of the public schools under ch. 119 upon transfer under s. 119.9002 (3) of the school using the land, buildings, and facilities to the opportunity schools and partnership program under subch. II of ch. 119.

SB21-SSA1,1948L Section 1948L. 62.624 of the statutes is created to read:

SB21-SSA1,602,4 62.624 Employee retirement system of a 1st class city; duty disability benefits for a mental injury. (1) If an employee retirement system of a 1st class city offers a duty disability benefit, the employee retirement system may only provide the duty disability benefit for a mental injury if all of the following apply:

SB21-SSA1,602,7 (a) The mental injury resulted from a situation of greater dimensions than the day-to-day mental stresses and tensions and post-traumatic stress that all similarly situated employees must experience as part of the employment.

SB21-SSA1,602,8 (b) The employer certifies that the mental injury is a duty-related injury.

SB21-SSA1,602,13 (2) If an employee retirement system of a 1st class city determines that an applicant is not eligible for duty disability benefits for a mental injury, the applicant may appeal the employee retirement system's determination to the department of workforce development. In hearing an appeal under this subsection, the department of workforce development shall follow the procedures under ss. 102.16 to 102.26.

SB21-SSA1,602,16 (3) This section applies to participants in an employee retirement system of a 1st class city who first apply for duty disability benefits for a mental injury on or after the effective date of this subsection .... [LRB inserts date].

SB21-SSA1,1948p Section 1948p. 63.23 (1) of the statutes is amended to read:

SB21-SSA1,602,25 63.23 (1) The city service commission shall classify all offices and positions in the city service, excepting those subject to the exemptions of s. 63.27 and those subject to an exclusion under s. 119.33 (2) (e) 1. or 119.9002 (5) (a), according to the duties and responsibilities of each position. Classification shall be so arranged that all positions which in the judgment of the commission are substantially the same with respect to authority, responsibility and character of work are included in the same class. From time to time the commission may reclassify positions upon a proper showing that the position belongs to a different class.

SB21-SSA1,1949b Section 1949b. 66.0133 (1) (a) of the statutes is amended to read:

SB21-SSA1,603,5 66.0133 (1) (a) "Energy conservation measure" means a facility alteration or training, service, or operations program designed to reduce energy consumption or operating costs, conserve water resources, improve metering accuracy, or ensure state or local building code compliance.

SB21-SSA1,1949c Section 1949c. 66.0133 (1) (bg) of the statutes is created to read:

SB21-SSA1,603,8 66.0133 (1) (bg) "Operational savings" means savings from costs eliminated or avoided as a result of installing equipment or providing services.

SB21-SSA1,1949d Section 1949d. 66.0133 (1) (c) of the statutes is amended to read:

SB21-SSA1,603,12 66.0133 (1) (c) "Performance contract" means a contract for the evaluation and recommendation of energy conservation and facility improvement measures, and for the implementation of one or more of these measures.

SB21-SSA1,1949e Section 1949e. 66.0133 (1) (d) of the statutes is amended to read:

SB21-SSA1,603,19 66.0133 (1) (d) "Qualified provider" means a person, other than a local governmental unit, who is experienced in the design, implementation and installation of energy conservation and facility improvement measures and who has the ability to provide labor and material payment and performance bonds equal to the maximum amount of any payments due under a performance contract entered into by the person.

SB21-SSA1,1949f Section 1949f. 66.0133 (2) (a) of the statutes is renumbered 66.0133 (2) (a) 1. and amended to read:

SB21-SSA1,604,2 66.0133 (2) (a) 1. Any Except as provided under subd. 2., any local governmental unit may, in accordance with this section, enter into a performance contract with a qualified provider to reduce energy or operating costs, realize operational savings, conserve water resources, ensure state or local building code compliance, or enhance the protection of property of the local governmental unit.

SB21-SSA1,1949g Section 1949g. 66.0133 (2) (a) 2. of the statutes is created to read:

SB21-SSA1,604,8 66.0133 (2) (a) 2. A performance contract with a qualified provider under this section may not allow a local governmental unit to increase the square footage of a facility unless the increase is necessary to make mechanical, electrical, or plumbing improvements in order to achieve reductions in energy consumption or to conserve water resources.

SB21-SSA1,1949h Section 1949h. 66.0133 (2) (b) of the statutes is amended to read:

SB21-SSA1,604,20 66.0133 (2) (b) Prior to entering into a performance contract for the implementation of any energy conservation or facility improvement measure, a local governmental unit shall obtain a report from a qualified provider containing recommendations concerning the amount the local governmental unit should spend on energy conservation and facility improvement measures. The report shall contain estimates of all costs of installation, modifications, or remodeling, including costs of design, engineering, maintenance, repairs and financing. In addition, the report shall contain a guarantee specifying a minimum amount by which energy or operating costs of the local governmental unit will be reduced or energy or water metering accuracy will be improved, if the installation, modification or remodeling is performed by that qualified provider.

SB21-SSA1,1949i Section 1949i. 66.0133 (2) (c) of the statutes is amended to read:

SB21-SSA1,605,2 66.0133 (2) (c) If, after review of the report under par. (b), the local governmental unit finds that the amount it would spend on the energy conservation and facility improvement measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs, or the benefits to be obtained by improved metering accuracy, over the remaining useful life of the facility to which the measures apply, the local governmental unit may enter into the contract.

SB21-SSA1,1949j Section 1949j. 66.0133 (3) of the statutes is amended to read:

SB21-SSA1,605,24 66.0133 (3) Notice. Notwithstanding ss. 27.065 (5) (a), 30.32, 38.18, 43.17 (9) (a), 59.52 (29) (a), 59.70 (11), 60.47 (2) to (4), 60.77 (6) (a), 61.54, 61.57, 62.15 (1), 62.155, 66.0131 (2), 66.0923 (10), 66.0925 (10), 66.0927 (11), 66.1333 (5) (a) 2., 200.11 (5) (d) and 200.47 (2), before entering into a performance contract under this section, a local governmental unit shall solicit bids or competitive sealed proposals from qualified providers. A local governmental unit may only enter into a performance contract with a qualified provider if the contract is awarded by the governing body of the local governmental unit and if the qualified provider agrees to sign the performance contract and all contracts with subcontractors, including subcontractors who provide billing services under the performance contract. The governing body shall give at least 10 days' notice of the meeting at which the body intends to award a performance contract. The notice shall include a statement of the intent of the governing body to award the performance contract, the names of all potential parties to the proposed performance contract, and a description of the energy conservation and facility improvement measures included in the performance contract and an explanation of how these measures will generate operational savings sufficient to pay for the cost of the measures. At the meeting, the governing body shall review and evaluate the bids or proposals submitted by all qualified providers and may award the performance contract to the qualified provider that best meets the needs of the local governmental unit, which need not be the lowest cost provider.

SB21-SSA1,1949k Section 1949k. 66.0133 (5) of the statutes is amended to read:

SB21-SSA1,606,8 66.0133 (5) Payment schedule; savings. Each performance contract shall provide that all payments to a qualified provider, except obligations on termination of the contract before its expiration, shall be made over time as energy savings are achieved no later than the date on which the contract expires. Energy savings shall be guaranteed by the qualified provider for the entire term of the performance contract and may not be guaranteed by a third party. Unless otherwise agreed by the parties, every performance contract shall assume an annual increase of 3 percent in the cost of relevant utility services incurred by the local governmental unit.

SB21-SSA1,1949L Section 1949L. 66.0133 (8) of the statutes is amended to read:

SB21-SSA1,606,14 66.0133 (8) Bonds. Each qualified provider under a performance contract shall provide labor and material payment and performance bonds in an amount equivalent to the maximum amount of any payments due under the contract , including payments for work performed by other persons that is necessary to achieve the required guaranteed energy or operational savings.

SB21-SSA1,1949m Section 1949m. 66.0133 (11) (i) of the statutes is amended to read:

SB21-SSA1,606,17 66.0133 (11) (i) Lifesafety Life safety improvements or systems required to comply with the federal Americans with Disabilities Act.

SB21-SSA1,1949n Section 1949n. 66.0133 (11) (ig) of the statutes is created to read:

SB21-SSA1,606,20 66.0133 (11) (ig) Replacement or improvement of energy or water metering systems.

SB21-SSA1,1949p Section 1949p. 66.0133 (11) (im) of the statutes is created to read:

SB21-SSA1,606,24 66.0133 (11) (im) Measures to improve indoor or outdoor water conservation, including measures related to water recycling and reuse, and systems or equipment that implement those measures.

SB21-SSA1,1949q Section 1949q. 66.0133 (11) (ir) of the statutes is created to read:

SB21-SSA1,607,2 66.0133 (11) (ir) Measures to improve indoor air quality to meet applicable state and local building code requirements.

SB21-SSA1,1950 Section 1950. 66.0137 (4m) (title) of the statutes is amended to read:

SB21-SSA1,607,4 66.0137 (4m) (title) Joint self-insured plans and stop loss insurance.

SB21-SSA1,1950p Section 1950p. 66.0137 (4m) (a) of the statutes is amended to read:

SB21-SSA1,607,8 66.0137 (4m) (a) In Notwithstanding sub. (1) (ae), in this subsection, "political subdivision" "local governmental unit" means a city, village, town, or county, or school district.

SB21-SSA1,1950r Section 1950r. 66.0137 (4m) (b) of the statutes is amended to read:

SB21-SSA1,607,13 66.0137 (4m) (b) A political subdivision local governmental unit and one or more other political subdivisions local governmental units, that together have at least 100 employees, may jointly provide health care benefits to their officers and employees on a self insured basis.

SB21-SSA1,1951 Section 1951. 66.0137 (4m) (bm) of the statutes is created to read:

SB21-SSA1,607,17 66.0137 (4m) (bm) A technical college district and one or more other technical college districts, that together have at least 100 employees, may jointly do any of the following:

SB21-SSA1,607,19 1. Provide health care benefits to their officers and employees on a self-insured basis.

SB21-SSA1,607,20 2. Procure stop loss insurance.

SB21-SSA1,607,21 3. Self-insure stop loss risk.

SB21-SSA1,1952 Section 1952. 66.0137 (4m) (c) of the statutes is amended to read:

SB21-SSA1,607,24 66.0137 (4m) (c) Any plan under par. (b) or (bm) 1. shall comply with the provisions listed in sub. (4).

SB21-SSA1,1952c Section 1952c. 66.0137 (4t) of the statutes is created to read:

SB21-SSA1,608,6 66.0137 (4t) Health insurance for protective services employees. If a local governmental unit offers health care insurance to employees who are police officers, fire fighters, or emergency medical technicians, the local governmental unit shall also offer to the employees who are police officers, fire fighters, or emergency medical technicians a high-deductible health plan that has identical design features to the plan under s. 40.515 (1).

SB21-SSA1,1953 Section 1953. 66.0203 (7) (a) of the statutes is amended to read:

SB21-SSA1,608,11 66.0203 (7) (a) No action to contest the validity of an incorporation on any grounds, whether procedural or jurisdictional, may be commenced after 60 days from the date of issuance of the certificate of incorporation by the secretary of state administration.

SB21-SSA1,1954 Section 1954. 66.0211 (5) of the statutes is amended to read:

SB21-SSA1,608,22 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 administration and supply the secretary of state administration 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 administration shall forward 2 copies to the department of transportation and one copy each to the department of administration and the department of revenue. The secretary of state administration shall issue a certificate of incorporation and record the certificate.

SB21-SSA1,1955 Section 1955. 66.0213 (4) (a) of the statutes is amended to read:

SB21-SSA1,609,11 66.0213 (4) (a) Within 10 days after incorporation of the village or city, the county clerk of the county in which the petition was filed shall fix a time for the first election, and where appropriate designate the polling place or places, and name 3 inspectors of election for each place. The time for the election shall be fixed no less than 40 nor more than 50 days after the date of the certificate of incorporation issued by the secretary of state administration, irrespective of any other provision in the statutes. Nomination papers shall conform to ch. 8 to the extent applicable. Nomination papers shall be signed by not less than 5% nor more than 10% of the total votes cast at the referendum election, and be filed no later than 15 days before the time fixed for the election. Ten days' previous notice of the election shall be given by the county clerk by publication in the newspapers selected under s. 66.0211 (2) and by posting notices in 3 public places in the village or city, but failure to give notice does not invalidate the election.

SB21-SSA1,1956 Section 1956. 66.0213 (6) of the statutes is amended to read:

SB21-SSA1,610,2 66.0213 (6) Reorganization of city as village. If the population of any city falls below 1,000 as determined by the United States census, the council may upon filing of a petition conforming to the requirements of s. 8.40 containing the signatures of at least 15% of the electors submit at any general or city election the question whether the city shall reorganize as a village. If three-fifths of the votes cast on the question are for reorganization the mayor and council shall record the return in the office of the register of deeds, file a certified copy with the clerk of the circuit court, and immediately call an election, to be conducted as are village elections, for the election of village officers. Upon the qualification of the officers, the board of trustees shall declare the city reorganized as a village, and the reorganization is effective. The clerk shall certify a copy of the declaration to the secretary of state administration who shall file the declaration and endorse a memorandum of the declaration on the record of the certificate of incorporation of the city. Rights and liabilities of the city continue in favor of or against the village. Ordinances, so far as within the power of the village, remain in force until changed.

SB21-SSA1,1957 Section 1957. 66.0215 (5) of the statutes is amended to read:

SB21-SSA1,610,11 66.0215 (5) Certificate of incorporation. If a majority of the votes are cast in favor of a city the clerk shall certify the fact to the secretary of state administration, together with the result of the census, if any, and 4 copies of a description of the legal boundaries of the town and 4 copies of a plat of the town. The secretary of state administration shall then issue a certificate of incorporation, and record the certificate in a book kept for that purpose. Two copies of the description and plat shall be forwarded by the secretary of state administration to the department of transportation and one copy to the department of revenue.

SB21-SSA1,1958 Section 1958. 66.0216 (5) of the statutes is amended to read:

SB21-SSA1,610,23 66.0216 (5) Certificate of incorporation. If a majority of the votes are cast in favor of a city or village, the town clerk shall certify that fact to the secretary of state administration together with 4 copies of a description of the legal boundaries of the town, and 4 copies of a plat of the town. The town clerk shall also send the secretary of state administration an incorporation fee of $1,000. Upon receipt of the town clerk's certification, the incorporation fee, and other required documents, the secretary of state administration shall issue a certificate of incorporation and record the certificate in a book kept for that purpose. The secretary of state administration shall provide 2 copies of the description and plat to the department of transportation and one copy to the department of revenue. The town clerk shall also transmit a copy of the certification and the resolution under sub. (1) to the county clerk.

SB21-SSA1,1959 Section 1959. 66.0216 (6) of the statutes is amended to read:

SB21-SSA1,611,7 66.0216 (6) Action. No action to contest the validity of an incorporation under this section on any grounds, whether procedural or jurisdictional, may be commenced after 60 days from the date of issuance of the certificate of incorporation by the secretary of state administration. In any such action, the burden of proof as to all issues is upon the person bringing the action to show that the incorporation is not valid. An action contesting an incorporation shall be given preference in the circuit court.

SB21-SSA1,1959e Section 1959e. 66.02162 of the statutes is created to read:

SB21-SSA1,611,14 66.02162 Incorporation of certain towns contiguous to 3rd class cities. (1) Conditions. A town board may initiate the procedure for incorporating its town as a village under this section by adopting a resolution providing for a referendum by the electors of the town on the question of whether the town should become a village if on the date of the adoption of the resolution all of the following conditions are satisfied:

SB21-SSA1,611,16 (a) The most recent federal decennial census shows that the resident population of the town exceeds 6,300.

SB21-SSA1,611,17 (b) The town is contiguous to a 3rd class city.

SB21-SSA1,611,19 (c) The most recent data available from the department of revenue show that the equalized value for the town exceeds $600,000,000.

SB21-SSA1,611,22 (d) In one of the 5 years before the year in which the town board adopts the resolution, the town's equalized value increased more than 7 percent, compared to the town's equalized value for the prior year.

SB21-SSA1,611,23 (e) The town board of the town is authorized to exercise village powers.

SB21-SSA1,611,25 (f) The town has entered into, and is bound by, at least 2 separate cooperative boundary agreements under s. 66.0307 with at least 2 municipalities.

SB21-SSA1,612,2 (g) The town has created at least one tax incremental financing district as authorized under s. 60.23 (32).

SB21-SSA1,612,4 (h) The town has established at least one town sanitary district under subch. IX of ch. 60.

SB21-SSA1,612,6 (2) Referendum resolution. The resolution of the town board required under sub. (1) shall do all of the following:

SB21-SSA1,612,7 (a) Certify that all of the conditions under sub. (1) are satisfied.

SB21-SSA1,612,10 (b) Contain a description of the territory to be incorporated sufficiently accurate to determine its location and a statement that a scale map reasonably showing the boundaries of the territory is on file with the town clerk.

SB21-SSA1,612,12 (c) Determine the numbers and boundaries of each ward of the proposed village, conforming to the requirements of s. 5.15 (1) and (2).

SB21-SSA1,612,14 (d) Determine the date of the referendum, which may not be earlier than 6 weeks after the adoption of the resolution.

SB21-SSA1,612,20 (3) Notice of referendum. The town clerk shall publish the resolution adopted under sub. (1) in a newspaper published in the town. If no newspaper is published in the town, the town clerk shall publish the resolution in a newspaper designated in the resolution. The town clerk shall publish the resolution once a week for 4 successive weeks, the first publication to be not more than 4 weeks before the referendum.

SB21-SSA1,613,2 (4) Voting procedure. The referendum shall be conducted in the same manner as elections for town board supervisors. The question appearing on the ballot shall be: "Shall the town of .... become a village?" Below the question shall appear 2 squares. To the left of one square shall appear the words "For a village," and to the left of the other square shall appear the words "Against a village." The inspectors shall make a return to the town clerk.

SB21-SSA1,613,13 (5) Certificate of incorporation. If a majority of the votes are cast in favor of a village, the town clerk shall certify that fact to the secretary of state, together with 4 copies of a description of the legal boundaries of the town, and 4 copies of a plat of the town. The town clerk shall also send the secretary of state an incorporation fee of $1,000. Upon receipt of the town clerk's certification, the incorporation fee, and other required documents, the secretary of state shall issue a certificate of incorporation and record the certificate in a book kept for that purpose. The secretary of state shall provide 2 copies of the description and plat to the department of transportation and one copy to the department of revenue. The town clerk shall also transmit a copy of the certification and the resolution under sub. (1) to the county clerk.