SB59: Bill Text

SB59,776 Section 776. 66.0301 (1) (a) of the statutes is amended to read:

SB59,567,11 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.

SB59,777 Section 777. 66.0408 (2) (d) of the statutes is repealed.

SB59,778 Section 778 . 66.0414 of the statutes is created to read:

SB59,567,16 66.0414 Cultivation of tetrahydrocannabinols. No village, town, city, or county may enact or enforce an ordinance or a resolution that prohibits cultivating tetrahydrocannabinols or cannabis if the cultivation is by one of the following:

SB59,567,17 (1) A dispensary, as defined in s. 94.57 (1) (a).

SB59,567,20 (2) A person who is cultivating tetrahydrocannabinols for medication with tetrahydrocannabinols, as defined in s. 146.44 (1) (c), if the amount of cannabis does not exceed the maximum authorized amount, as defined in s. 961.01 (14c).

SB59,567,22 (3) An entity that is cultivating cannabis for distribution as permitted under policies determined under s. 94.57 (2) and rules promulgated under s. 94.57 (9).

SB59,779 Section 779 . 66.0422 (1) (e) of the statutes is created to read:

SB59,568,3 66.0422 (1) (e) “Underserved area" means an area of this state in which households or businesses lack access to broadband service of at least 25 megabits per second download speed and 3 megabits per second upload speed.

SB59,780 Section 780 . 66.0422 (1) (f) of the statutes is created to read:

SB59,568,7 66.0422 (1) (f) “Unserved area” means an area of this state in which households or businesses lack access to broadband service of at least 10 megabits per second download speed and one megabit per second upload speed.

SB59,781 Section 781 . 66.0422 (2) (c) of the statutes is amended to read:

SB59,568,18 66.0422 (2) (c) No less than 30 days before the public hearing, the local government prepares and makes available for public inspection a report estimating the total costs of, and revenues derived from, constructing, owning, or operating the facility and including a cost-benefit analysis of the facility for a period of at least 3 years. The If the facility is other than a broadband facility that is intended to serve an underserved or unserved area, the costs that are subject to this paragraph include personnel costs and costs of acquiring, installing, maintaining, repairing, or operating any plant or equipment, and include an appropriate allocated portion of costs of personnel, plant, or equipment that are used to provide jointly both telecommunications services and other services.

SB59,782 Section 782. 66.0422 (3d) (intro.) of the statutes is amended to read:

SB59,569,3 66.0422 (3d) (intro.) Subsection (2) does not apply to a facility for providing broadband service to an area within the boundaries of a local government if the local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area and, if the area is not an underserved or unserved area, whether the person intends to provide broadband service to the area within 9 months, or, if the area is an underserved or unserved area, whether the person actively plans to provide broadband service to the area within 3 months and any of the following are satisfied:

SB59,783 Section 783. 66.0422 (3d) (a) of the statutes is amended to read:

SB59,569,12 66.0422 (3d) (a) The local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area or intends to provide broadband service within 9 months to the area and within 60 days after receiving the written request no person responds in writing to the The local government does not receive a response in writing that the a person currently provides broadband service to the area or intends or actively plans to provide broadband service to the area within 9 months the relevant time period.

SB59,784 Section 784. 66.0422 (3d) (b) of the statutes is amended to read:

SB59,569,17 66.0422 (3d) (b) The local government determines that a person who responded to a written request under par. (a) that the person currently provides broadband service to the area did not actually provide broadband service to the area and no other person makes the response responds to the local government described in par. (a).

SB59,785 Section 785. 66.0422 (3d) (c) of the statutes is amended to read:

SB59,569,24 66.0422 (3d) (c) The local government determines that a person who responded to a written request under par. (a) that the person intended or actively planned to provide broadband service to the area within 9 months the relevant time period did not actually provide broadband service to the area within 9 months the relevant time period and no other person makes the response responds to the local government described in par. (a).

SB59,786 Section 786 . 66.0422 (3m) (b) of the statutes is amended to read:

SB59,570,3 66.0422 (3m) (b) The municipality itself does not use the facility to provide broadband service to end users. This paragraph does not apply to a facility that is intended to serve an underserved or unserved area.

SB59,787 Section 787 . 66.0422 (3m) (c) of the statutes is amended to read:

SB59,570,9 66.0422 (3m) (c) The municipality determines that, at the time that the municipality authorizes the construction, ownership, or operation of the facility, whichever occurs first, the facility does not compete with more than one provider of broadband service. This paragraph does not apply to a facility that is intended to serve an underserved or unserved area.

SB59,788 Section 788 . 66.0602 (1) (ak) of the statutes is created to read:

SB59,570,13 66.0602 (1) (ak) “Joint emergency dispatch center” means an operation that serves as the dispatch center for 2 or more political subdivisions' law enforcement, fire, emergency medical services, or any other emergency services.

SB59,789 Section 789. 66.0602 (1) (d) of the statutes is amended to read:

SB59,570,18 66.0602 (1) (d) “Valuation factor" means a percentage equal to the greater of either 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 or zero 2 percent.

SB59,790 Section 790. 66.0602 (2m) (a) of the statutes is renumbered 66.0602 (2m).

SB59,791 Section 791. 66.0602 (2m) (b) of the statutes is repealed.

SB59,792 Section 792 . 66.0602 (3) (e) 10. of the statutes is created to read:

SB59,570,25 66.0602 (3) (e) 10. The amount that a political subdivision levies in that year to pay for charges assessed by a joint emergency dispatch center, but only to the extent that such charges would cause the political subdivision to exceed the limit that is otherwise applicable under this section and only if all of the following apply:

SB59,571,6 a. The total charges assessed by the joint emergency dispatch center for the current year increase, relative the total charges assessed by the joint emergency dispatch center for the previous year, by a percentage that is less than or equal to the percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on September 30 of the year of the levy, plus 1 percent.

SB59,571,9 b. The governing body of each political subdivision that is served by the joint emergency dispatch center adopts a resolution in favor of exceeding the limit that is otherwise applicable under this section.

SB59,793 Section 793 . 66.0602 (3) (h) 2. a. of the statutes is amended to read:

SB59,571,16 66.0602 (3) (h) 2. a. The total charges assessed by the joint fire department for the current year increase, relative to the total charges assessed by the joint fire department for the previous year, by a percentage that is less than or equal to the percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on September 30 of the year of the levy, plus 2 1 percent.

SB59,794 Section 794. 66.0602 (3) (n) of the statutes is created to read:

SB59,571,25 66.0602 (3) (n) 1. Subject to subd. 2., the limit otherwise applicable under this section does not apply to the amount that a political subdivision levies in that year for operating and capital costs directly related to the provision of new or enhanced transit services across adjacent county borders or across adjacent municipal borders. For costs to be eligible for the exception under this paragraph, the starting date for the new or enhanced transit services must be on or after the effective date of this subdivision .... [LRB inserts date], and the costs to which the levy applies must be described in the agreement under subd. 2.

SB59,572,2 2. A political subdivision may not use the exception under this paragraph unless all of the following apply:

SB59,572,6 a. The political subdivisions between which the new or enhanced transit routes operate have entered into an intergovernmental cooperation agreement under s. 66.0301 to provide for the new or enhanced transit services. The agreement shall describe the services and the amounts that must be levied to pay for those services.

SB59,572,12 b. The agreement described in subd. 2. a. is approved in a referendum, by the electors in each political subdivision that is a party to the agreement, to be held at the next succeeding spring primary or election or partisan primary or general election to be held not earlier than 70 days after the adoption of the agreement by all of the parties to the agreement. The governing body shall file the resolution to be submitted to the electors as provided in s. 8.37.

SB59,795 Section 795. 66.0615 (1m) (f) 2. of the statutes is amended to read:

SB59,572,18 66.0615 (1m) (f) 2. Sections 77.51 (12m), (13), (14), (14g), (15a), and (15b), and (17), 77.52 (3), (3m), (13), (14), (18), and (19), 77.522, 77.523, 77.58 (1) to (5), (6m), and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (8), (9), (12) to (15), and (19m), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the tax described under subd. 1.

SB59,796 Section 796. 66.0615 (1m) (g) of the statutes is created to read:

SB59,572,22 66.0615 (1m) (g) Sections 77.52 (3m) and 77.523, as they apply to the taxes under subch. III of ch. 77, shall apply to the tax imposed under par. (a) by a municipality.

SB59,797 Section 797. 66.0901 (1) (ae) of the statutes is repealed.

SB59,798 Section 798. 66.0901 (1) (am) of the statutes is repealed.

SB59,799 Section 799. 66.0901 (6) of the statutes is amended to read:

SB59,573,11 66.0901 (6) Separation of contracts; classification of contractors. In public contracts for the construction, repair, remodeling or improvement of a public building or structure, other than highway structures and facilities, a municipality may bid projects based on a single or multiple division of the work. Public contracts shall be awarded according to the division of work selected for bidding. Except as provided in sub. (6m), the The municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character and classification of workers to be employed by any contractor, classify contractors as to their financial responsibility, competency and ability to perform work and set up a classified list of contractors. The municipality may reject the bid of any person, if the person has not been classified for the kind or amount of work in the bid.

SB59,800 Section 800. 66.0901 (6m) of the statutes is repealed.

SB59,801 Section 801. 66.0901 (6s) of the statutes is repealed.

SB59,802 Section 802 . 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the statutes are created to read:

SB59,573,24 66.0903 (1) (a) “Area" means the county in which a proposed project of public works 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. (3) (br), “area" means the city, village, or town in which a proposed project of public works that is subject to this section is located.

SB59,573,25 (am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).

SB59,574,1 (b) “Department" means the department of workforce development.

SB59,574,2 (cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).

SB59,574,10 (dr) “Minor service or maintenance work" means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years or that is performed for a town and is not funded under s. 86.31, regardless of projected life span; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.

SB59,574,12 (em) “Multiple-trade project of public works" has the meaning given in s. 103.49 (1) (br).

SB59,574,14 (hm) “Single-trade project of public works" has the meaning given in s. 103.49 (1) (em).

SB59,574,16 (im) “Supply and installation contract" has the meaning given in s. 103.49 (1) (fm).

SB59,803 Section 803 . 66.0903 (1) (c) of the statutes is amended to read:

SB59,574,19 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856 103.49 (1) (b), 2015 stats.

SB59,804 Section 804 . 66.0903 (1) (f) of the statutes is amended to read:

SB59,574,22 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856 103.49 (1) (e), 2015 stats. (c).

SB59,805 Section 805 . 66.0903 (1) (g) of the statutes is repealed and recreated to read:

SB59,574,25 66.0903 (1) (g) 1. “Prevailing wage rate" has the meaning given in s. 103.49 (1) (d).

SB59,806 Section 806. 66.0903 (1) (j) of the statutes is amended to read:

SB59,575,3 66.0903 (1) (j) “Truck driver" includes an owner-operator of a truck has the meaning given in s. 103.49 (1) (g).

SB59,807 Section 807 . 66.0903 (1m) (b) of the statutes is amended to read:

SB59,575,19 66.0903 (1m) (b) The legislature finds that the enactment of ordinances or other enactments by local governmental units requiring laborers, workers, mechanics, and truck drivers employed on projects of public works or on publicly funded private construction projects to be paid the prevailing wage rate and to be paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the prevailing hours of labor would be logically inconsistent with, would defeat the purpose of, and would go against the repeals spirit of this section and the repeal of s. 66.0904, 2009 stats., and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section shall be construed as an enactment of statewide concern for the purposes of facilitating broader participation with respect to bidding on projects of public works, ensuring that wages accurately reflect market conditions, providing local governments with the flexibility to reduce costs on capital projects, and reducing spending at all levels of government in this state purpose of providing uniform prevailing wage rate and prevailing hours of labor requirements throughout the state.

SB59,808 Section 808 . 66.0903 (2) to (12) of the statutes are created to read:

SB59,575,23 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project of public works erected, constructed, repaired, remodeled, or demolished for a local governmental unit, including all of the following:

SB59,575,24 (a) A highway, street, bridge, building, or other infrastructure project.

SB59,576,4 (b) A project erected, constructed, repaired, remodeled, or demolished by one local governmental unit for another local governmental unit under a contract under s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically authorizing cooperation between local governmental units.

SB59,576,8 (c) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu of the local governmental unit contracting for the erection, construction, repair, remodeling, or demolition of the facility.

SB59,576,12 (d) A road, street, bridge, sanitary sewer, or water main project in which the completed road, street, bridge, sanitary sewer, or water main is acquired by, or dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership or maintenance by the local governmental unit.

SB59,576,24 (3) Prevailing wage rates and hours of labor. (am) A local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract for the erection, construction, remodeling, repairing, or demolition of any project of public works, shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work contemplated. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects of public works that are subject to this section and to inform itself of the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting local governmental unit.

SB59,577,7 (ar) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a project of public works extends into more than one area, the department shall determine only one standard of prevailing wage rates for the entire project.

SB59,577,15 (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. 103.49 or 103.50, or 40 USC 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. 103.49 or 103.50, or 40 USC 3142. In determining prevailing wage rates under par. (am) or (ar), the department may not use data from any construction work that is performed by a local governmental unit or a state agency.

SB59,577,24 (bm) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by individuals working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

SB59,578,14 (br) In addition to the recalculation under par. (bm), the local governmental unit that requested the determination under this subsection may request a review of any portion of a determination within 30 days after the date of issuance of the determination if the local governmental unit submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the determination does not represent the prevailing wage rate for that trade or occupation in the city, village, or town in which the proposed project of public works is located. That evidence shall include wage rate information for the contested trade or occupation on at least 3 similar projects located in the city, village, or town where the proposed project of public works is located and on which some work has been performed during the current survey period and which were considered by the department in issuing its most recent compilation under par. (ar). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review.

SB59,579,2 (dm) A local governmental unit that is subject to this section shall include a reference to the prevailing wage rates determined by the department and to the prevailing hours of labor in the notice published for the purpose of securing bids for the project of public works. Except as otherwise provided in this paragraph, if any contract or subcontract for a project of public works is entered into, the prevailing wage rates determined by the department and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract. For a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force.

SB59,579,4 (e) No contractor, subcontractor, or contractor or subcontractor's agent that is subject to this section may do any of the following:

SB59,579,7 1. Pay an individual performing the work described in sub. (4) less than the prevailing wage rate in the same or most similar trade or occupation determined under this subsection.

SB59,579,12 2. Allow an individual performing the work described in sub. (4) to work a greater number of hours per day or per week than the prevailing hours of labor, unless the contractor, subcontractor, or contractor or subcontractor's agent pays the individual for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times the individual's hourly basic rate of pay.

SB59,579,18 (4) Covered employees. (a) Subject to par. (b), any person subject to this section shall pay all of the following employees the prevailing wage rate determined under sub. (3) and may not allow such employees to work a greater number of hours per day or per week than the prevailing hours of labor, unless the person pays the employee for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times the employee's hourly basic rate of pay: