AB75: Bill Text

AB75,714,3 (c) Personal representatives, guardians, trustees, and other fiduciaries.

AB75,714,13 (9) Moral obligation pledge. If the common council considers it necessary or desirable to do so, it may express in a resolution authorizing appropriation bonds its expectation and aspiration to make timely appropriations sufficient to pay the principal and interest due with respect to such appropriation bonds, to make deposits into a reserve fund created under sub. (4) (a) with respect to such appropriation bonds, to make payments under any agreement or ancillary arrangement entered into under s. 62.621 with respect to such appropriation bonds, to make deposits into any stabilization fund established or continued under s. 62.622 with respect to such appropriation bonds, or to pay related issuance or administrative expenses.

AB75,714,15 (10) Applicability. This section does not apply if a city does not issue appropriation bonds as authorized under sub. (2).

AB75, s. 1461 Section 1461. 62.621 of the statutes is created to read:

AB75,715,4 62.621 Agreements and ancillary arrangements for certain notes and appropriation bonds. At the time of issuance or in anticipation of the issuance of appropriation bonds under s. 62.62, or general obligation promissory notes under s. 67.12 (12), to pay unfunded prior service liability with respect to an employee retirement system, or at any time thereafter so long as the appropriation bonds or general obligation promissory notes are outstanding, a 1st class city may enter into agreements or ancillary arrangements relating to the appropriation bonds or general obligation promissory notes, including trust indentures, liquidity facilities, remarketing or dealer agreements, letters of credit, insurance policies, guaranty agreements, reimbursement agreements, indexing agreements, and interest exchange agreements. Any payments made or amounts received with respect to any such agreement or ancillary arrangement shall be made from or deposited as provided in the agreement or ancillary arrangement.

AB75, s. 1462 Section 1462. 62.622 of the statutes is created to read:

AB75,715,7 62.622 Employee retirement system liability financing in 1st class cities; additional powers. (1) Definitions. In this section:

AB75,715,8 (a) "City" means a 1st class city.

AB75,715,9 (b) "Common council" means the common council of a city.

AB75,715,12 (c) "Pension funding plan" means a strategic and financial plan related to the payment of all or part of a city's unfunded prior service liability with respect to an employee retirement system.

AB75,715,14 (d) "Trust" means a common law trust organized under the laws of this state, by the city, as settlor, pursuant to a formal, written, declaration of trust.

AB75,715,17 (2) Special financing entities, funds, and accounts. (a) To facilitate a pension funding plan and in furtherance thereof, a common council may create one or more of the following:

AB75,715,18 1. A trust.

AB75,715,19 2. A nonstock corporation under ch. 181.

AB75,715,20 3. A limited liability company under ch. 183.

AB75,715,21 4. A special fund or account of the city.

AB75,716,2 (b) An entity described under par. (a) has all of the powers provided to it under applicable law and the documents pursuant to which it is created and established. The powers shall be construed broadly in favor of effectuating the purposes for which the entity is created. A city may appropriate funds to such entities and to such funds and accounts, under terms and conditions established by the common council, consistent with the purposes for which they are created and established.

AB75,716,10 (3) Stabilization funds. (a) To facilitate a pension funding plan a common council may establish a stabilization fund. Any such fund may be created as a trust, a special fund or account of the city established by a separate resolution or ordinance, or a fund or account created under an authorizing resolution or trust indenture in connection with the authorization and issuance of appropriation bonds under s. 62.62 or general obligation promissory notes under s. 67.12 (12). A city may appropriate funds for deposit to a stabilization fund established under this subsection.

AB75,717,2 (b) Moneys in a stabilization fund established under this subsection may be used, subject to annual appropriation by the common council, solely to pay principal or interest on appropriation bonds issued under s. 62.62 and general obligation promissory notes under s. 67.12 (12) issued in connection with a pension funding plan, for the redemption or repurchase of such appropriation bonds or general obligation promissory notes, to make payments under any agreement or ancillary arrangement entered into under s. 62.621 with respect to such appropriation bonds or general obligation promissory notes, or to pay annual pension costs other than normal costs. Moneys on deposit in a stabilization fund may not be subject to any claims, demands, or actions by, or transfers or assignments to, any creditor of the city, any beneficiary of the city's employee retirement system, or any other person, on terms other than as may be established in the resolution or ordinance creating the stabilization fund. Moneys on deposit in a stabilization fund established under this subsection may be invested and reinvested in the manner directed by the common council or pursuant to delegation by the common council as provided under s. 66.0603 (5).

AB75, s. 1463 Section 1463. 62.67 of the statutes is amended to read:

AB75,717,8 62.67 Uninsured motorist coverage; 1st class cities. A 1st class city shall provide uninsured motorist motor vehicle liability insurance coverage for motor vehicles owned by the city and operated by city employees in the course of employment. The coverage required by this section shall have at least the limits prescribed for uninsured motorist coverage under s. 632.32 (4) (a) 1.

AB75, s. 1464 Section 1464. 66.0137 (5) of the statutes is renumbered 66.0137 (5) (b) and amended to read:

AB75,717,20 66.0137 (5) (b) The state or a local governmental unit may provide for the payment of premiums for hospital, surgical and other health and accident insurance and life insurance for employees and officers and, their spouses and dependent children, and their domestic partner under ch. 770 and dependent children. A local governmental unit may also provide for the payment of premiums for hospital and surgical care for its retired employees. In addition, a local governmental unit may, by ordinance or resolution, elect to offer to all of its employees a health care coverage plan through a program offered by the group insurance board under ch. 40. A local governmental unit that elects to participate under s. 40.51 (7) is subject to the applicable sections of ch. 40 instead of this subsection.

AB75, s. 1465 Section 1465. 66.0137 (5) (a) of the statutes is created to read:

AB75,717,23 66.0137 (5) (a) In this subsection, "local governmental unit" includes the school district operating under ch. 119.

AB75, s. 1466 Section 1466. 66.0301 (1) (a) of the statutes is amended to read:

AB75,718,13 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, a 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, or city-county health department.

AB75, s. 1467 Section 1467. 66.0307 (7m) of the statutes is amended to read:

AB75,719,2 66.0307 (7m) Zoning in town territory. If a town is a party to a cooperative plan with a city or village, the town and city or village may agree, as part of the cooperative plan, to authorize the town, city or village to adopt a zoning ordinance under s. 60.61, 61.35 or 62.23 for all or a portion of the town territory covered by the plan. The exercise of zoning authority by a town under this subsection is not subject to s. 60.61 (3) or 60.62 (3). If a county zoning ordinance applies to the town territory covered by the plan, that ordinance and amendments to it continue until a zoning ordinance is adopted under this subsection. If a zoning ordinance is adopted under this subsection, that zoning ordinance continues in effect after the planning period ceases until a different zoning ordinance for the territory is adopted under other applicable law. This subsection does not affect zoning ordinances adopted under ss. s. 59.692, or 87.30 or 91.71 to 91.78 ch. 91.

AB75, s. 1468 Section 1468. 66.0602 (1) (b) of the statutes is amended to read:

AB75,719,6 66.0602 (1) (b) "Penalized excess" means the levy, in an amount that is at least $500 over the limit under sub. (2) for the political subdivision, not including any amount that is excepted from the limit under subs. (3), (4), and (5).

AB75, s. 1469 Section 1469. 66.0602 (1) (d) of the statutes is amended to read:

AB75,719,14 66.0602 (1) (d) "Valuation factor" means a percentage equal to the greater of either 2 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. Except as provided, no political subdivision may increase its levy in any year by a percentage that exceeds the political subdivision's valuation factor. In determining its levy in any year, a city, village, or town shall subtract any tax increment that is calculated under s. 60.85 (1) (L) or 66.1105 (2) (i).

AB75, s. 1470 Section 1470. 66.0602 (2) of the statutes is amended to read:

AB75,719,23 66.0602 (2) Levy limit. Except as provided, no political subdivision may increase its levy in 2007 by a percentage that exceeds the political subdivision's valuation factor or 3.86 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 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).

AB75, s. 1471 Section 1471. 66.0602 (3) (d) 5. of the statutes is created to read:

AB75,720,6 66.0602 (3) (d) 5. The limit otherwise applicable under this section does not apply to amounts levied by a 1st class city for the payment of debt service on appropriation bonds issued under s. 62.62, including debt service on appropriation bonds issued to fund or refund outstanding appropriation bonds of the city, to pay related issuance costs or redemption premiums, or to make payments with respect to agreements or ancillary arrangements authorized under s. 62.621.

AB75, s. 1472 Section 1472. 66.0602 (4) (a) of the statutes is amended to read:

AB75,720,19 66.0602 (4) (a) A political subdivision may exceed the levy increase limit under sub. (2) if its governing body adopts a resolution to that effect and if the resolution is approved in a referendum. The resolution shall specify the proposed amount of increase in the levy beyond the amount that is allowed under sub. (2), and shall specify whether the proposed amount of increase is for the next fiscal year only or if it will apply on an ongoing basis. With regard to a referendum relating to the 2005 levy, or any levy in an odd-numbered year thereafter, the political subdivision may call a special referendum for the purpose of submitting the resolution to the electors of the political subdivision for approval or rejection. With regard to a referendum relating to the 2006 levy, or any levy in an even-numbered year thereafter, the referendum shall be held at the next succeeding spring primary or election or September primary or general election.

AB75, s. 1473 Section 1473. 66.0602 (6) (c) of the statutes is amended to read:

AB75,720,23 66.0602 (6) (c) Ensure that the amount of the penalized excess is not included in determining the limit described under sub. (2) for the political subdivision for the following year.

AB75, s. 1474 Section 1474. 66.0602 (7) of the statutes is created to read:

AB75,721,2 66.0602 (7) Sunset. This section does not apply to a political subdivision's levy that is imposed after December 2010.

AB75, s. 1475 Section 1475. 66.0603 (1m) (f) of the statutes is created to read:

AB75,721,8 66.0603 (1m) (f) Subject to s. 67.11 (2) with respect to funds on deposit in a debt service fund for general obligation promissory notes issued under s. 67.12 (12), a 1st class city, or a person to whom the city has delegated investment authority under sub. (5), may invest and reinvest in the same manner as is authorized for investments and reinvestments under s. 881.01, any of the following:

AB75,721,9 1. Moneys held in any stabilization fund established under s. 62.622 (3).

AB75,721,13 2. Moneys held in a fund or account, including any reserve fund, created in connection with the issuance of appropriation bonds under s. 62.62 or general obligation promissory notes under s. 67.12 (12) issued to provide funds for the payment of all or a part of the city's unfunded prior service liability.

AB75,721,15 3. Moneys appropriated or held by the city to pay debt service on appropriation bonds or general obligation promissory notes under s. 67.12 (12).

AB75,721,18 4. Moneys constituting proceeds of appropriation bonds or general obligation promissory notes described in subd. 2. that are available for investment until they are spent.

AB75,721,19 5. Moneys held in an employee retirement system of the city.

AB75, s. 1476 Section 1476. 66.0603 (5) (intro.) and (a) of the statutes are amended to read:

AB75,722,3 66.0603 (5) Delegation of investment authority in connection with pension financing in populous cities and counties. (intro.) The governing board body of a county having a population of 500,000 or more, or a 1st class city, may delegate investment authority over any of the moneys described in sub. (1m) (e) or (f) to any of the following persons, which shall be responsible for the general administration and proper operation of the county's or city's employee retirement system, subject to the board's governing body's finding that such person has expertise in the field of investments:

AB75,722,5 (a) A public board that is organized for such purpose under county or city ordinances.

AB75, s. 1477 Section 1477. 66.0721 (1) (a) of the statutes is amended to read:

AB75,722,9 66.0721 (1) (a) "Agricultural use" has the meaning given in s. 91.01 (1) (2) and includes any additional agricultural uses of land, as determined by the town sanitary district or town.

AB75, s. 1478 Section 1478. 66.0721 (1) (b) of the statutes is amended to read:

AB75,722,18 66.0721 (1) (b) "Eligible farmland" means a parcel of 35 or more acres of contiguous land which is devoted exclusively to agricultural use which during the year preceding the year in which the land is subject to a special assessment under this section produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding the year in which the land is subject to a special assessment under this section, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000 that is eligible for farmland preservation tax credits under ss. 71.58 to 71.61 or 71.613.

AB75, s. 1479 Section 1479. 66.0903 (1) (e) of the statutes is repealed.

AB75, s. 1480 Section 1480. 66.0903 (1) (i) of the statutes is repealed.

AB75, s. 1481 Section 1481. 66.0903 (3) (av) of the statutes is amended to read:

AB75,723,2 66.0903 (3) (av) In determining prevailing wage rates under par. (am) or (ar), the department may not use data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50 or 40 USC 276a 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50 or 40 USC 276a 3142.

AB75, s. 1482 Section 1482. 66.0903 (5) of the statutes is amended to read:

AB75,723,14 66.0903 (5) Nonapplicability. This section does not apply to any single-trade public works project, including a highway, street or bridge construction project, for which the estimated project cost of completion is below $30,000 or an amount determined by the department under this subsection or to any multiple-trade public works project, including a highway, street or bridge construction project, for which the estimated project cost of completion is below $150,000 or an amount determined by the department under this subsection. The department shall adjust those dollar amounts every year, the first adjustment to be made not sooner than December 1, 1997. The adjustments shall be in proportion to any change in construction costs since the effective date of the dollar amounts established under this subsection $2,000.

AB75, s. 1483 Section 1483. 66.0903 (10) (a) of the statutes is amended to read:

AB75,723,25 66.0903 (10) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. By no later than the end of the week following a week in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project that is subject to this section, the contractor, subcontractor, or agent shall submit to the contracting local governmental unit a certified record of the information specified in the preceding sentence for that preceding week.

AB75, s. 1484 Section 1484. 66.0903 (10) (c) of the statutes is amended to read:

AB75,724,20 66.0903 (10) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project that is subject to this section to ensure compliance with this section. If In the case of a request made by a person performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is a person performing the work specified in sub. (4) that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. If In the case of a request made by a person not performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is not a person performing the work specified in sub. (4) that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed.

AB75, s. 1485 Section 1485. 66.0903 (11) (b) 4. of the statutes is amended to read:

AB75,725,2 66.0903 (11) (b) 4. Whoever induces any person who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c 3142.

AB75, s. 1486 Section 1486. 66.0903 (11) (b) 5. of the statutes is amended to read:

AB75,725,9 66.0903 (11) (b) 5. Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c 3142.

AB75, s. 1487 Section 1487. 66.0904 of the statutes is created to read:

AB75,725,12 66.0904 Wage rates; publicly funded private construction projects. (1) Definitions. In this section:

AB75,725,22 (a) "Area" means the county in which a proposed publicly funded private construction project that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, "area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, "area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, "area" means the entire state or, if the department is requested to review a determination under sub. (4) (e), "area" means the city, village, or town in which a proposed publicly funded private construction project that is subject to this section is located.

AB75,725,23 (b) "Department" means the department of workforce development.

AB75,726,3 (c) "Financial assistance" means any grant, cooperative agreement, loan, contract, other than a public works contract, a supply procurement contract, a contract of insurance or guaranty, or a collective bargaining agreement, or any other arrangement by which a local governmental unit provides or otherwise makes available assistance in any of the following forms:

AB75,726,4 1. Funding.

AB75,726,7 2. A transfer or lease of real or personal property of the local governmental unit or of any interest in or permission to use, other than on a casual or transient basis, that property for less than fair market value or for reduced consideration.

AB75,726,11 3. Proceeds from a subsequent transfer or lease of real or personal property transferred or leased from the local governmental unit, if the local governmental unit's share of the fair market value of the property is not returned to the local governmental unit.

AB75,726,14 4. A redevelopment contract, economic development agreement, revenue agreement under s. 66.1103, contract under s. 66.1105 (3) or 66.1333 (5), or assistance provided under s. 66.1109.

AB75,726,15 (d) "Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).

AB75,726,16 (e) "Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).

AB75,726,17 (f) "Local governmental unit" has the meaning given in s. 66.0903 (1) (d).

AB75,726,18 (g) "Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).

AB75,726,25 (h) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any publicly funded private construction project in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation on projects in the area.

AB75,727,10 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any publicly funded private construction project in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51 percent of hours worked in that trade or occupation on projects in that area.

AB75,727,13 (i) "Publicly funded private construction project" means a construction project, other than a project of public works, that receives financial assistance from a local governmental unit.

AB75,727,14 (j) "Truck driver" has the meaning given in s. 103.49 (1) (g).

AB75,728,2 (2) Prevailing wage rates and hours of labor. (a) Any owner or developer of real property who enters into a contract for the erection, construction, remodeling, repairing, or demolition of any publicly funded private construction project on that real property shall include in the contract a stipulation that no person performing the work described in sub. (3) may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such person may be permitted or required to work more than the prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage rate determined under sub. (4) in the same or most similar trade or occupation in the area in which the publicly funded private construction project is situated.