Amendment ASA1-AB75

AB75-ASA1,686,2 (c) 1. The principal proceeds from the sale of any refunding appropriation bonds shall be applied either to the immediate payment and retirement of the appropriation bonds or general obligation promissory notes being refunded or, if the bonds or general obligation promissory notes have not matured and are not presently redeemable, to the creation of a trust for, and shall be pledged to the payment of, the appropriation bonds or general obligation promissory notes being refunded.

AB75-ASA1,686,24 2. If a trust is created, a separate deposit shall be made for each issue of appropriation bonds or general obligation promissory notes being refunded. Each deposit shall be with a bank or trust company authorized by the laws of the United States or of a state in which it is located to conduct banking or trust company business. If the total amount of any deposit, including moneys other than sale proceeds but legally available for such purpose, is less than the principal amount of the appropriation bonds or general obligation promissory notes being refunded and for the payment of which the deposit has been created and pledged, together with applicable redemption premiums and interest accrued and to accrue to maturity or to the date of redemption, then the application of the sale proceeds shall be legally sufficient only if the moneys deposited are invested in securities issued by the United States or one of its agencies, or securities fully guaranteed by the United States, and only if the principal amount of the securities at maturity and the income therefrom to maturity will be sufficient and available, without the need for any further investment or reinvestment, to pay at maturity or upon redemption the principal amount of the appropriation bonds or general obligation promissory notes being refunded together with applicable redemption premiums and interest accrued and to accrue to maturity or to the date of redemption. The income from the principal proceeds of the securities shall be applied solely to the payment of the principal of and interest and redemption premiums on the appropriation bonds or general obligation promissory notes being refunded, but provision may be made for the pledging and disposition of any surplus.

AB75-ASA1,687,7 3. Nothing in this paragraph may be construed as a limitation on the duration of any deposit in trust for the retirement of appropriation bonds or general obligation promissory notes being refunded that have not matured and that are not presently redeemable. Nothing in this paragraph may be constructed to prohibit reinvestment of the income of a trust if the reinvestments will mature at such times that sufficient moneys will be available to pay interest, applicable premiums, and principal on the appropriation bonds or general obligation promissory notes being refunded.

AB75-ASA1,687,19 (7) Fiscal regulations. (a) All appropriation bonds shall be registered by the city clerk or city treasurer of the city issuing the appropriation bonds, or such other officers or agents, including fiscal agents, as the common council may determine. After registration, no transfer of an appropriation bond is valid unless made by the registered owner's duly authorized attorney, on the records of the city and similarly noted on the appropriation bond. The city may treat the registered owner as the owner of the appropriation bond for all purposes. Payments of principal and interest shall be by electronic funds transfer, check, share draft, or other draft to the registered owner at the owner's address as it appears on the register, unless the common council has otherwise provided. Information in the register is not available for inspection and copying under s. 19.35 (1). The common council may make any other provision respecting registration as it considers necessary or desirable.

AB75-ASA1,688,7 (b) The common council may appoint one or more trustees or fiscal agents for each issue of appropriation bonds. The city treasurer may be designated as the trustee and the sole fiscal agent or as cofiscal agent for any issue of appropriation bonds. Every other fiscal agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to conduct banking or trust company business. There may be deposited with a trustee, in a special account, moneys to be used only for the purposes expressly provided in the resolution authorizing the issuance of appropriation bonds or an agreement between the city and the trustee. The common council may make other provisions respecting trustees and fiscal agents as the common council considers necessary or desirable and may enter into contracts with any trustee or fiscal agent containing such terms, including compensation, and conditions in regard to the trustee or fiscal agent as the common council considers necessary or desirable.

AB75-ASA1,688,14 (c) If any appropriation bond is destroyed, lost, or stolen, the city shall execute and deliver a new appropriation bond, upon filing with the common council evidence satisfactory to the common council that the appropriation bond has been destroyed, lost, or stolen, upon providing proof of ownership thereof, and upon furnishing the common council with indemnity satisfactory to it and complying with such other rules of the city and paying any expenses that the city may incur. The common council shall cancel the appropriation bond surrendered to the city.

AB75-ASA1,688,18 (d) Unless otherwise directed by the common council, every appropriation bond paid or otherwise retired shall be marked "canceled" and delivered to the city treasurer, or to such other fiscal agent as applicable with respect to the appropriation bond, who shall destroy them and deliver a certificate to that effect to the city clerk.

AB75-ASA1,688,21 (8) Appropriation bonds as legal investments. Any of the following may legally invest any sinking funds, moneys, or other funds belonging to them or under their control in any appropriation bonds issued under this section:

AB75-ASA1,688,23 (a) The state, the investment board, public officers, municipal corporations, political subdivisions, and public bodies.

AB75-ASA1,689,2 (b) Banks and bankers, savings and loan associations, credit unions, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business.

AB75-ASA1,689,3 (c) Personal representatives, guardians, trustees, and other fiduciaries.

AB75-ASA1,689,13 (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-ASA1,689,15 (10) Applicability. This section does not apply if a city does not issue appropriation bonds as authorized under sub. (2).

AB75-ASA1, s. 1461 Section 1461. 62.621 of the statutes is created to read:

AB75-ASA1,690,4 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-ASA1, s. 1462 Section 1462. 62.622 of the statutes is created to read:

AB75-ASA1,690,7 62.622 Employee retirement system liability financing in 1st class cities; additional powers. (1) Definitions. In this section:

AB75-ASA1,690,8 (a) "City" means a 1st class city.

AB75-ASA1,690,9 (b) "Common council" means the common council of a city.

AB75-ASA1,690,12 (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-ASA1,690,14 (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-ASA1,690,17 (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-ASA1,690,18 1. A trust.

AB75-ASA1,690,19 2. A nonstock corporation under ch. 181.

AB75-ASA1,690,20 3. A limited liability company under ch. 183.

AB75-ASA1,690,21 4. A special fund or account of the city.

AB75-ASA1,691,2 (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-ASA1,691,10 (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-ASA1,692,2 (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-ASA1, s. 1463 Section 1463. 62.67 of the statutes is amended to read:

AB75-ASA1,692,8 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-ASA1, s. 1463r Section 1463r. 63.03 (2) (r) of the statutes, as created by 2009 Wisconsin Act 15, is amended to read:

AB75-ASA1,692,13 63.03 (2) (r) All staff performing services for the Milwaukee County enrollment services unit under s. 49.825 or for the child care provider services unit under s. 49.826.

AB75-ASA1, s. 1463w Section 1463w. 66.0137 (4) of the statutes, as affected by 2009 Wisconsin Act 14, is amended to read:

AB75-ASA1,692,21 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4), (5), and (6), 632.895 (9) to (16) (17), 632.896, and 767.513 (4).

AB75-ASA1, s. 1464 Section 1464. 66.0137 (5) of the statutes is renumbered 66.0137 (5) (b) and amended to read:

AB75-ASA1,693,8 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-ASA1, s. 1465 Section 1465. 66.0137 (5) (a) of the statutes is created to read:

AB75-ASA1,693,11 66.0137 (5) (a) In this subsection, "local governmental unit" includes the school district operating under ch. 119.

AB75-ASA1, s. 1465n Section 1465n. 66.0219 (10) (b) (intro.) of the statutes is amended to read:

AB75-ASA1,693,16 66.0219 (10) (b) (intro.) No Except as provided in par. (c), no territory may be annexed by a city or village under this section if no part of the city or village is located in the same county as the territory that is subject to the proposed annexation unless all of the following occur:

AB75-ASA1, s. 1465ne Section 1465ne. 66.0219 (10) (c) of the statutes is created to read:

AB75-ASA1,693,19 66.0219 (10) (c) The city of Kaukauna may annex territory outside of Outagamie County without regard to the provisions in par. (b).

AB75-ASA1, s. 1466 Section 1466. 66.0301 (1) (a) of the statutes is amended to read:

AB75-ASA1,694,8 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-ASA1, s. 1467 Section 1467. 66.0307 (7m) of the statutes is amended to read:

AB75-ASA1,694,21 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-ASA1, s. 1468 Section 1468. 66.0602 (1) (b) of the statutes is amended to read:

AB75-ASA1,694,25 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-ASA1, s. 1469 Section 1469. 66.0602 (1) (d) of the statutes is amended to read:

AB75-ASA1,695,8 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-ASA1, s. 1470 Section 1470. 66.0602 (2) of the statutes is amended to read:

AB75-ASA1,695,19 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). 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.

AB75-ASA1, s. 1470s Section 1470s. 66.0602 (3) (cm) of the statutes is created to read:

AB75-ASA1,696,2 66.0602 (3) (cm) If a political subdivision's allowable levy under this section in 2007 was greater than its actual levy in 2007, the levy increase limit otherwise applicable under this section to the political subdivision in 2009 is increased by the difference between these 2 amounts, as determined by the department of revenue. In calculating a political subdivision's actual levy for 2007, the department may not include amounts that are excluded from the limit under pars. (d) 2. and 3., (e), and (h).

AB75-ASA1, s. 1471 Section 1471. 66.0602 (3) (d) 5. of the statutes is created to read:

AB75-ASA1,696,9 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-ASA1, s. 4471m Section 4471m. 66.0602 (3) (e) 8. of the statutes is created to read:

AB75-ASA1,696,16 66.0602 (3) (e) 8. The amount that a political subdivision levies in that year to pay the unreimbursed expenses related to an emergency declared under s. 166.03 (1) (b) 1., including any amounts levied in that year to replenish cash reserves that were used to pay any unreimbursed expenses related to that emergency. A levy under this subdivision that relates to a particular emergency initially shall be imposed in the year in which the emergency is declared or in the following year.

AB75-ASA1, s. 1471s Section 1471s. 66.0602 (3) (i) of the statutes is created to read:

AB75-ASA1,696,24 66.0602 (3) (i) 1. If a political subdivision enters into an intergovernmental cooperation agreement under s. 66.0301 to jointly provide a service on a consolidated basis with another political subdivision, and if one of the political subdivisions increases its levy from the previous year by an amount the parties to the agreement agree is needed to provide a more equitable distribution of payments for services received, the levy increase limit otherwise applicable under this section to that political subdivision in the current year is increased by that agreed amount.

AB75-ASA1,697,5 2. If a political subdivision increases its levy as described in subd. 1. the other political subdivision, which is a party to the intergovernmental cooperation agreement and has agreed to the adjustment under subd. 1., shall decrease its levy in the current year by the same amount that the first political subdivision is allowed to increase its levy under subd. 1.

AB75-ASA1, s. 1472 Section 1472. 66.0602 (4) (a) of the statutes is amended to read:

AB75-ASA1,697,18 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-ASA1, s. 1473 Section 1473. 66.0602 (6) (c) of the statutes is amended to read:

AB75-ASA1,697,22 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-ASA1, s. 1474 Section 1474. 66.0602 (7) of the statutes is created to read:

AB75-ASA1,697,25 66.0602 (7) Sunset. This section does not apply to a political subdivision's levy that is imposed after December 2010.

AB75-ASA1, s. 1475 Section 1475. 66.0603 (1m) (f) of the statutes is created to read:

AB75-ASA1,698,6 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-ASA1,698,7 1. Moneys held in any stabilization fund established under s. 62.622 (3).

AB75-ASA1,698,11 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-ASA1,698,13 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-ASA1,698,16 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-ASA1,698,17 5. Moneys held in an employee retirement system of the city.

AB75-ASA1, s. 1476 Section 1476. 66.0603 (5) (intro.) and (a) of the statutes are amended to read:

AB75-ASA1,699,2 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-ASA1,699,4 (a) A public board that is organized for such purpose under county or city ordinances.

AB75-ASA1, s. 1477 Section 1477. 66.0721 (1) (a) of the statutes is amended to read:

AB75-ASA1,699,8 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-ASA1, s. 1478 Section 1478. 66.0721 (1) (b) of the statutes is amended to read:

AB75-ASA1,699,17 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-ASA1, s. 1478v Section 1478v. 66.0903 (1) (d) of the statutes is amended to read:

AB75-ASA1,699,24 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing. "Local governmental unit" includes a regional transit authority created under s. 66.1039.

AB75-ASA1, s. 1479 Section 1479. 66.0903 (1) (e) of the statutes is repealed.

AB75-ASA1, s. 1480 Section 1480. 66.0903 (1) (i) of the statutes is repealed.

AB75-ASA1, s. 1480c Section 1480c. 66.0903 (2) of the statutes is created to read:

AB75-ASA1,700,5 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project of public works erected, constructed, remodeled, repaired, or demolished for a local governmental unit, including all of the following:

AB75-ASA1,700,6 (a) A highway, street, or bridge construction project.