Amendment SSA1-SB21

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.

SB21-SSA1,613,19 (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. 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-SSA1,613,22 (7) Village powers. A village incorporated under this section is a body corporate and politic, with the powers and privileges of a municipal corporation at common law and conferred by ch. 61.

SB21-SSA1,613,25 (8) Existing ordinances. Ordinances in force in the territory or any part of the territory, to the extent not inconsistent with this section or ch. 61, continue in force until altered or repealed.

SB21-SSA1,614,7 (9) Existing intergovernmental and cooperative boundary agreements. Intergovernmental cooperation agreements entered into under s. 66.0301 and cooperative boundary agreements approved under s. 66.0307, to which a town incorporating under this section is a party, that are still in effect on the effective date of the incorporation, shall continue in force until altered or repealed, to the extent allowed under the agreements. When incorporated under this section, a village shall be considered the town's successor with respect to such agreements.

SB21-SSA1,614,10 (10) Interim officers, first village election. Section 66.0215 (8) and (9), as it applies to a town that is incorporated as a city under s. 66.0215, applies to a town that is incorporated as a village under this section.

SB21-SSA1,614,11 (11) Sunset. This section does not apply after June 30, 2020.

SB21-SSA1,1960 Section 1960. 66.0217 (9) (a) of the statutes is amended to read:

SB21-SSA1,615,4 66.0217 (9) (a) The clerk of a city or village which has annexed territory shall file immediately with the secretary of state administration a certified copy of the ordinance, certificate and plat, and shall send one copy to each company that provides any utility service in the area that is annexed. The city or village shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). The clerk shall record the ordinance with the register of deeds and file a signed copy of the ordinance with the clerk of any affected school district. Failure to file, record or send does not invalidate the annexation and the duty to file, record or send is a continuing one. The ordinance that is filed, recorded or sent shall describe the annexed territory and the associated population. The information filed with the secretary of state administration shall be utilized in making recommendations for adjustments to entitlements under the federal revenue sharing program and distribution of funds under ch. 79. The clerk shall certify annually to the secretary of state administration and record with the register of deeds a legal description of the total boundaries of the municipality as those boundaries existed on December 1, unless there has been no change in the 12 months preceding.

SB21-SSA1,1961 Section 1961. 66.0217 (9) (b) of the statutes is amended to read:

SB21-SSA1,615,13 66.0217 (9) (b) Within 10 days of receipt of the ordinance, certificate and plat, the secretary of state administration 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 agriculture, trade and consumer protection and 2 copies to the clerk of the municipality from which the territory was annexed.

SB21-SSA1,1962 Section 1962. 66.0219 (7) of the statutes is amended to read:

SB21-SSA1,615,19 66.0219 (7) Appeal. An appeal from the order of the circuit court is limited to contested issues determined by the circuit court. An appeal shall not stay the conduct of the referendum election, if one is ordered, but the statement of the election results and the copies of the certificate and plat may not be filed with the secretary of state administration until the appeal has been determined.

SB21-SSA1,1963 Section 1963. 66.0221 (1) of the statutes is amended to read:

SB21-SSA1,616,18 66.0221 (1) Upon its own motion and subject to sub. (3) and ss. 66.0301 (6) (d) and 66.0307 (7), 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 with the secretary of state administration, together with 6 copies of a scale map. The city or village shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). The secretary of state administration shall forward 2 copies of the ordinance and scale map to the department of transportation, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of administration. This 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.

SB21-SSA1,1964 Section 1964. 66.0223 (1) of the statutes is amended to read:

SB21-SSA1,617,13 66.0223 (1) In addition to other methods provided by law and subject to sub. (2) and ss. 66.0301 (6) (d) and 66.0307 (7), territory owned by and lying near but not necessarily contiguous to a village or city may be annexed to a village or city by ordinance enacted by the board of trustees of the village or the common council of the city, provided that in the case of noncontiguous territory the use of the territory by the city or village is not contrary to any town or county zoning regulation. The ordinance shall contain the exact description of the territory annexed and the names of the towns from which detached, and attaches the territory to the village or city upon the filing of 7 certified copies of the ordinance in the office of with the secretary of state administration, together with 7 copies of a plat showing the boundaries of the territory attached. The city or village shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). Two copies of the ordinance and plat shall be forwarded by the secretary of state administration to the department of transportation, one copy to the department of administration, one copy to the department of natural resources, one copy to the department of revenue and one copy to the department of public instruction. Within 10 days of filing the certified copies, a copy of the ordinance and plat shall be mailed or delivered to the clerk of the county in which the annexed territory is located. Sections 66.0203 (8) (c) and 66.0217 (11) apply to annexations under this section.

SB21-SSA1,1965 Section 1965. 66.0227 (5) of the statutes is amended to read:

SB21-SSA1,617,17 66.0227 (5) The ordinance, certificate and plat shall be filed and recorded in the same manner as annexations under s. 66.0217 (9) (a). The requirements for the secretary of state administration are the same as in s. 66.0217 (9) (b).

SB21-SSA1,1966 Section 1966. 66.0231 of the statutes is amended to read:

SB21-SSA1,618,10 66.0231 Notice of certain litigation affecting municipal status or boundaries. If a proceeding under ss. 61.187, 61.189, 61.74, 62.075, 66.0201 to 66.0213, 66.0215, 66.0216, 66.02162, 66.0217, 66.0221, 66.0223, 66.0227, 66.0301 (6), or 66.0307 or other sections relating to an incorporation, annexation, consolidation, dissolution or detachment of territory of a city or village is contested by instigation of legal proceedings, the clerk of the city or village involved in the proceedings shall file with the secretary of state administration 4 copies of a notice of the commencement of the action. The clerk shall file with the secretary of state administration 4 copies of any judgments rendered or appeals taken in such cases. The notices or copies of judgments that are required under this section may also be filed by an officer or attorney of any party of interest. If any judgment has the effect of changing the municipal boundaries, the city or village clerk shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). The secretary of state administration shall forward to the department of transportation 2 copies and to the department of revenue and the department of administration one copy each of any notice of action or judgment filed with the secretary of state administration under this section.

SB21-SSA1,1966m Section 1966m. 66.0301 (1) (a) of the statutes is amended to read:

SB21-SSA1,619,3 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, or school district, the opportunity schools and partnership programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of schools opportunity schools and partnership program under s. 119.33, or any 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, 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.

SB21-SSA1,1969 Section 1969. 66.0301 (6) (e) of the statutes is amended to read:

SB21-SSA1,619,12 66.0301 (6) (e) A boundary change included in an agreement under this subsection shall be accomplished by the enactment of an ordinance by the governing body designated to do so in the agreement. The filing and recording requirements under s. 66.0217 (9) (a), as they apply to cities and villages under s. 66.0217 (9) (a), apply to municipalities under this subsection. The requirements for the secretary of state administration under s. 66.0217 (9) (b), as they apply under that section, apply to the secretary of state administration when he or she receives an ordinance that is filed under this subsection.

SB21-SSA1,1969ab Section 1969ab. 66.0304 (4) (a) of the statutes is amended to read:

SB21-SSA1,619,15 66.0304 (4) (a) Adopt and amend bylaws, policies, and procedures for the regulation of its affairs and the conduct of its business.

SB21-SSA1,1969am Section 1969am. 66.0304 (4) (c) of the statutes is amended to read: