SB59,782
19Section
782. 66.0422 (3d) (intro.) of the statutes is amended to read:
SB59,569,320
66.0422
(3d) (intro.) Subsection (2) does not apply to a facility for providing
21broadband service to an area within the boundaries of a local government if
the local
22government asks, in writing, each person that provides broadband service within the
23boundaries of the local government whether the person currently provides
24broadband service to the area and, if the area is not an underserved or unserved area,
25whether the person intends to provide broadband service to the area within 9
1months, or, if the area is an underserved or unserved area, whether the person
2actively plans to provide broadband service to the area within 3 months and any of
3the following are satisfied:
SB59,783
4Section
783. 66.0422 (3d) (a) of the statutes is amended to read:
SB59,569,125
66.0422
(3d) (a)
The local government asks, in writing, each person that
6provides broadband service within the boundaries of the local government whether
7the person currently provides broadband service to the area or intends to provide
8broadband service within 9 months to the area and within 60 days after receiving the
9written request no person responds in writing to the The local government
does not
10receive a response in writing that
the a person currently provides broadband service
11to the area or intends
or actively plans to provide broadband service to the area
12within
9 months the relevant time period.
SB59,784
13Section
784. 66.0422 (3d) (b) of the statutes is amended to read:
SB59,569,1714
66.0422
(3d) (b) The local government determines that a person who responded
15to a written request under par. (a) that the person currently provides broadband
16service to the area did not actually provide broadband service to the area and no other
17person
makes the response responds to the local government
described in par. (a).
SB59,785
18Section
785. 66.0422 (3d) (c) of the statutes is amended to read:
SB59,569,2419
66.0422
(3d) (c) The local government determines that a person who responded
20to a written request under par. (a) that the person intended
or actively planned to
21provide broadband service to the area within
9 months the relevant time period did
22not actually provide broadband service to the area within
9 months the relevant time
23period and no other person
makes the response
responds to the local government
24described in par. (a).
SB59,786
25Section 786
. 66.0422 (3m) (b) of the statutes is amended to read:
SB59,570,3
166.0422
(3m) (b) The municipality itself does not use the facility to provide
2broadband service to end users.
This paragraph does not apply to a facility that is
3intended to serve an underserved or unserved area.
SB59,787
4Section 787
. 66.0422 (3m) (c) of the statutes is amended to read:
SB59,570,95
66.0422
(3m) (c) The municipality determines that, at the time that the
6municipality authorizes the construction, ownership, or operation of the facility,
7whichever occurs first, the facility does not compete with more than one provider of
8broadband service.
This paragraph does not apply to a facility that is intended to
9serve an underserved or unserved area.
SB59,788
10Section 788
. 66.0602 (1) (ak) of the statutes is created to read:
SB59,570,1311
66.0602
(1) (ak) “Joint emergency dispatch center” means an operation that
12serves as the dispatch center for 2 or more political subdivisions' law enforcement,
13fire, emergency medical services, or any other emergency services.
SB59,789
14Section
789. 66.0602 (1) (d) of the statutes is amended to read:
SB59,570,1815
66.0602
(1) (d) “Valuation factor" means a percentage equal to the greater of
16either the percentage change in the political subdivision's January 1 equalized value
17due to new construction less improvements removed between the previous year and
18the current or
zero 2 percent.
SB59,790
19Section
790. 66.0602 (2m) (a) of the statutes is renumbered 66.0602 (2m).
SB59,791
20Section
791. 66.0602 (2m) (b) of the statutes is repealed.
SB59,792
21Section 792
. 66.0602 (3) (e) 10. of the statutes is created to read:
SB59,570,2522
66.0602
(3) (e) 10. The amount that a political subdivision levies in that year
23to pay for charges assessed by a joint emergency dispatch center, but only to the
24extent that such charges would cause the political subdivision to exceed the limit
25that is otherwise applicable under this section and only if all of the following apply:
SB59,571,6
1a. The total charges assessed by the joint emergency dispatch center for the
2current year increase, relative the total charges assessed by the joint emergency
3dispatch center for the previous year, by a percentage that is less than or equal to the
4percentage change in the U.S. consumer price index for all urban consumers, U.S.
5city average, as determined by the U.S. department of labor, for the 12 months
6ending on September 30 of the year of the levy, plus 1 percent.
SB59,571,97
b. The governing body of each political subdivision that is served by the joint
8emergency dispatch center adopts a resolution in favor of exceeding the limit that is
9otherwise applicable under this section.
SB59,793
10Section 793
. 66.0602 (3) (h) 2. a. of the statutes is amended to read:
SB59,571,1611
66.0602
(3) (h) 2. a. The total charges assessed by the joint fire department for
12the current year increase, relative to the total charges assessed by the joint fire
13department for the previous year, by a percentage that is less than or equal to the
14percentage change in the U.S. consumer price index for all urban consumers, U.S.
15city average, as determined by the U.S. department of labor, for the 12 months
16ending on September 30 of the year of the levy, plus
2 1 percent.
SB59,794
17Section
794. 66.0602 (3) (n) of the statutes is created to read:
SB59,571,2518
66.0602
(3) (n) 1. Subject to subd. 2., the limit otherwise applicable under this
19section does not apply to the amount that a political subdivision levies in that year
20for operating and capital costs directly related to the provision of new or enhanced
21transit services across adjacent county borders or across adjacent municipal borders.
22For costs to be eligible for the exception under this paragraph, the starting date for
23the new or enhanced transit services must be on or after the effective date of this
24subdivision .... [LRB inserts date], and the costs to which the levy applies must be
25described in the agreement under subd. 2.
SB59,572,2
12. A political subdivision may not use the exception under this paragraph
2unless all of the following apply:
SB59,572,63
a. The political subdivisions between which the new or enhanced transit routes
4operate have entered into an intergovernmental cooperation agreement under s.
566.0301 to provide for the new or enhanced transit services. The agreement shall
6describe the services and the amounts that must be levied to pay for those services.
SB59,572,127
b. The agreement described in subd. 2. a. is approved in a referendum, by the
8electors in each political subdivision that is a party to the agreement, to be held at
9the next succeeding spring primary or election or partisan primary or general
10election to be held not earlier than 70 days after the adoption of the agreement by
11all of the parties to the agreement. The governing body shall file the resolution to
12be submitted to the electors as provided in s. 8.37.
SB59,795
13Section
795. 66.0615 (1m) (f) 2. of the statutes is amended to read:
SB59,572,1814
66.0615
(1m) (f) 2. Sections 77.51 (12m),
(13), (14), (14g), (15a),
and (15b),
and
15(17), 77.52 (3),
(3m), (13), (14), (18), and (19), 77.522,
77.523, 77.58 (1) to (5), (6m),
16and (7), 77.585, 77.59, 77.60, 77.61 (2), (3m), (5), (8), (9), (12) to (15), and (19m), and
1777.62, as they apply to the taxes under subch. III of ch. 77, apply to the tax described
18under subd. 1.
SB59,796
19Section
796. 66.0615 (1m) (g) of the statutes is created to read:
SB59,572,2220
66.0615
(1m) (g) Sections 77.52 (3m) and 77.523, as they apply to the taxes
21under subch. III of ch. 77, shall apply to the tax imposed under par. (a) by a
22municipality.
SB59,797
23Section
797. 66.0901 (1) (ae) of the statutes is repealed.
SB59,798
24Section
798. 66.0901 (1) (am) of the statutes is repealed.
SB59,799
25Section
799. 66.0901 (6) of the statutes is amended to read:
SB59,573,11
166.0901
(6) Separation of contracts; classification of contractors. In public
2contracts for the construction, repair, remodeling or improvement of a public
3building or structure, other than highway structures and facilities, a municipality
4may bid projects based on a single or multiple division of the work. Public contracts
5shall be awarded according to the division of work selected for bidding.
Except as
6provided in sub. (6m), the The municipality may set out in any public contract
7reasonable and lawful conditions as to the hours of labor, wages, residence, character
8and classification of workers to be employed by any contractor, classify contractors
9as to their financial responsibility, competency and ability to perform work and set
10up a classified list of contractors. The municipality may reject the bid of any person,
11if the person has not been classified for the kind or amount of work in the bid.
SB59,800
12Section
800. 66.0901 (6m) of the statutes is repealed.
SB59,801
13Section
801. 66.0901 (6s) of the statutes is repealed.
SB59,802
14Section 802
. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the
15statutes are created to read:
SB59,573,2416
66.0903
(1) (a) “Area" means the county in which a proposed project of public
17works that is subject to this section is located or, if the department determines that
18there is insufficient wage data in that county, “area" means those counties that are
19contiguous to that county or, if the department determines that there is insufficient
20wage data in those counties, “area" means those counties that are contiguous to those
21counties or, if the department determines that there is insufficient wage data in those
22counties, “area" means the entire state or, if the department is requested to review
23a determination under sub. (3) (br), “area" means the city, village, or town in which
24a proposed project of public works that is subject to this section is located.
SB59,573,2525
(am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).
SB59,574,1
1(b) “Department" means the department of workforce development.
SB59,574,22
(cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
SB59,574,103
(dr) “Minor service or maintenance work" means a project of public works that
4is limited to minor crack filling, chip or slurry sealing, or other minor pavement
5patching, not including overlays, that has a projected life span of no longer than 5
6years or that is performed for a town and is not funded under s. 86.31, regardless of
7projected life span; the depositing of gravel on an existing gravel road applied solely
8to maintain the road; road shoulder maintenance; cleaning of drainage or sewer
9ditches or structures; or any other limited, minor work on public facilities or
10equipment that is routinely performed to prevent breakdown or deterioration.
SB59,574,1211
(em) “Multiple-trade project of public works" has the meaning given in s.
12103.49 (1) (br).
SB59,574,1413
(hm) “Single-trade project of public works" has the meaning given in s. 103.49
14(1) (em).
SB59,574,1615
(im) “Supply and installation contract" has the meaning given in s. 103.49 (1)
16(fm).
SB59,803
17Section 803
. 66.0903 (1) (c) of the statutes is amended to read:
SB59,574,1918
66.0903
(1) (c) “Hourly basic rate of pay" has the meaning given in s.
16.856 19103.49 (1) (b)
, 2015 stats.
SB59,804
20Section 804
. 66.0903 (1) (f) of the statutes is amended to read:
SB59,574,2221
66.0903
(1) (f) “Prevailing hours of labor" has the meaning given in s.
16.856 22103.49 (1)
(e), 2015 stats.
(c).
SB59,805
23Section 805
. 66.0903 (1) (g) of the statutes is repealed and recreated to read:
SB59,574,2524
66.0903
(1) (g) 1. “Prevailing wage rate" has the meaning given in s. 103.49 (1)
25(d).
SB59,806
1Section
806. 66.0903 (1) (j) of the statutes is amended to read:
SB59,575,32
66.0903
(1) (j) “Truck driver"
includes an owner-operator of a truck has the
3meaning given in s. 103.49 (1) (g).
SB59,807
4Section 807
. 66.0903 (1m) (b) of the statutes is amended to read:
SB59,575,195
66.0903
(1m) (b) The legislature finds that the enactment of ordinances or
6other enactments by local governmental units requiring laborers, workers,
7mechanics, and truck drivers employed on projects of public works or on publicly
8funded private construction projects to be paid the prevailing wage rate and to be
9paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the
10prevailing hours of labor would be logically inconsistent with, would defeat the
11purpose of, and would go against the
repeals
spirit of this section and the repeal of
12s. 66.0904, 2009 stats.
, and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section
13shall be construed as an enactment of statewide concern for the
purposes of
14facilitating broader participation with respect to bidding on projects of public works,
15ensuring that wages accurately reflect market conditions, providing local
16governments with the flexibility to reduce costs on capital projects, and reducing
17spending at all levels of government in this state purpose of providing uniform
18prevailing wage rate and prevailing hours of labor requirements throughout the
19state.
SB59,808
20Section 808
. 66.0903 (2) to (12) of the statutes are created to read:
SB59,575,2321
66.0903
(2) Applicability. Subject to sub. (5), this section applies to any project
22of public works erected, constructed, repaired, remodeled, or demolished for a local
23governmental unit, including all of the following:
SB59,575,2424
(a) A highway, street, bridge, building, or other infrastructure project.
SB59,576,4
1(b) A project erected, constructed, repaired, remodeled, or demolished by one
2local governmental unit for another local governmental unit under a contract under
3s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically
4authorizing cooperation between local governmental units.
SB59,576,85
(c) A project in which the completed facility is leased, purchased, lease
6purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu
7of the local governmental unit contracting for the erection, construction, repair,
8remodeling, or demolition of the facility.
SB59,576,129
(d) A road, street, bridge, sanitary sewer, or water main project in which the
10completed road, street, bridge, sanitary sewer, or water main is acquired by, or
11dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership
12or maintenance by the local governmental unit.
SB59,576,24
13(3) Prevailing wage rates and hours of labor. (am) A local governmental unit,
14before making a contract by direct negotiation or soliciting bids on a contract for the
15erection, construction, remodeling, repairing, or demolition of any project of public
16works, shall apply to the department to determine the prevailing wage rate for each
17trade or occupation required in the work contemplated. The department shall
18conduct investigations and hold public hearings as necessary to define the trades or
19occupations that are commonly employed on projects of public works that are subject
20to this section and to inform itself of the prevailing wage rates in all areas of the state
21for those trades or occupations, in order to determine the prevailing wage rate for
22each trade or occupation. The department shall issue its determination within 30
23days after receiving the request and shall file the determination with the requesting
24local governmental unit.
SB59,577,7
1(ar) The department shall, by January 1 of each year, compile the prevailing
2wage rates for each trade or occupation in each area. The compilation shall, in
3addition to the current prevailing wage rates, include future prevailing wage rates
4when those prevailing wage rates can be determined for any trade or occupation in
5any area and shall specify the effective date of those future prevailing wage rates.
6If a project of public works extends into more than one area, the department shall
7determine only one standard of prevailing wage rates for the entire project.
SB59,577,158
(av) In determining prevailing wage rates under par. (am) or (ar), the
9department may not use data from projects that are subject to this section, s. 103.49
10or 103.50, or
40 USC 3142 unless the department determines that there is
11insufficient wage data in the area to determine those prevailing wage rates, in which
12case the department may use data from projects that are subject to this section, s.
13103.49 or 103.50, or
40 USC 3142. In determining prevailing wage rates under par.
14(am) or (ar), the department may not use data from any construction work that is
15performed by a local governmental unit or a state agency.
SB59,577,2416
(bm) Any person may request a recalculation of any portion of an initial
17determination within 30 days after the initial determination date if the person
18submits evidence with the request showing that the prevailing wage rate for any
19given trade or occupation included in the initial determination does not represent the
20prevailing wage rate for that trade or occupation in the area. The evidence shall
21include wage rate information reflecting work performed by individuals working in
22the contested trade or occupation in the area during the current survey period. The
23department shall affirm or modify the initial determination within 15 days after the
24date on which the department receives the request for recalculation.
SB59,578,14
1(br) In addition to the recalculation under par. (bm), the local governmental
2unit that requested the determination under this subsection may request a review
3of any portion of a determination within 30 days after the date of issuance of the
4determination if the local governmental unit submits evidence with the request
5showing that the prevailing wage rate for any given trade or occupation included in
6the determination does not represent the prevailing wage rate for that trade or
7occupation in the city, village, or town in which the proposed project of public works
8is located. That evidence shall include wage rate information for the contested trade
9or occupation on at least 3 similar projects located in the city, village, or town where
10the proposed project of public works is located and on which some work has been
11performed during the current survey period and which were considered by the
12department in issuing its most recent compilation under par. (ar). The department
13shall affirm or modify the determination within 15 days after the date on which the
14department receives the request for review.
SB59,579,215
(dm) A local governmental unit that is subject to this section shall include a
16reference to the prevailing wage rates determined by the department and to the
17prevailing hours of labor in the notice published for the purpose of securing bids for
18the project of public works. Except as otherwise provided in this paragraph, if any
19contract or subcontract for a project of public works is entered into, the prevailing
20wage rates determined by the department and the prevailing hours of labor shall be
21physically incorporated into and made a part of the contract or subcontract. For a
22minor subcontract, as determined by the department, the department shall
23prescribe by rule the method of notifying the minor subcontractor of the prevailing
24wage rates and prevailing hours of labor applicable to the minor subcontract. The
25prevailing wage rates and prevailing hours of labor applicable to a contract or
1subcontract may not be changed during the time that the contract or subcontract is
2in force.
SB59,579,43
(e) No contractor, subcontractor, or contractor or subcontractor's agent that is
4subject to this section may do any of the following:
SB59,579,75
1. Pay an individual performing the work described in sub. (4) less than the
6prevailing wage rate in the same or most similar trade or occupation determined
7under this subsection.
SB59,579,128
2. Allow an individual performing the work described in sub. (4) to work a
9greater number of hours per day or per week than the prevailing hours of labor,
10unless the contractor, subcontractor, or contractor or subcontractor's agent pays the
11individual for all hours worked in excess of the prevailing hours of labor at a rate of
12at least 1.5 times the individual's hourly basic rate of pay.
SB59,579,18
13(4) Covered employees. (a) Subject to par. (b), any person subject to this
14section shall pay all of the following employees the prevailing wage rate determined
15under sub. (3) and may not allow such employees to work a greater number of hours
16per day or per week than the prevailing hours of labor, unless the person pays the
17employee for all hours worked in excess of the prevailing hours of labor at a rate of
18at least 1.5 times the employee's hourly basic rate of pay:
SB59,579,2019
1. All laborers, workers, mechanics, and truck drivers employed on the site of
20a project of public works that is subject to this section.
SB59,580,221
2. All laborers, workers, mechanics, and truck drivers employed in the
22manufacturing or furnishing of materials, articles, supplies, or equipment on the site
23of a project of public works that is subject to this section or from a facility dedicated
24exclusively, or nearly so, to a project of public works that is subject to this section by
1a contractor, subcontractor, agent, or other person performing any work on the site
2of the project.
SB59,580,103
(b) A laborer, worker, mechanic, or truck driver who is employed to process,
4manufacture, pick up, or deliver materials or products from a commercial
5establishment that has a fixed place of business from which the establishment
6supplies processed or manufactured materials or products or from a facility that is
7not dedicated exclusively, or nearly so, to a project of public works that is subject to
8this section is not entitled to receive the prevailing wage rate determined under sub.
9(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
10worked in excess of the prevailing hours of labor unless any of the following applies:
SB59,580,1511
1. The laborer, worker, mechanic, or truck driver is employed to go to the source
12of mineral aggregate such as sand, gravel, or stone and deliver that mineral
13aggregate to the site of a project of public works that is subject to this section by
14depositing the material directly in final place, from the transporting vehicle or
15through spreaders from the transporting vehicle.
SB59,580,1916
2. The laborer, worker, mechanic, or truck driver is employed to go to the site
17of a project of public works that is subject to this section, pick up excavated material
18or spoil from the site of the project, and transport that excavated material or spoil
19away from the site of the project.
SB59,580,2220
(c) A person subject to this section shall pay a truck driver who is an
21owner-operator of a truck separately for his or her work and for the use of his or her
22truck.
SB59,580,23
23(5) Nonapplicability. This section does not apply to any of the following:
SB59,581,524
(a) A single-trade project of public works for which the estimated project cost
25of completion is less than $48,000, a multiple-trade project of public works for which
1the estimated project cost of completion is less than $100,000, or, in the case of a
2multiple-trade project of public works erected, constructed, repaired, remodeled, or
3demolished by a private contractor for a city or village having a population of less
4than 2,500 or for a town, a multiple-trade project of public works for which the
5estimated project cost of completion is less than $234,000.
SB59,581,96
(b) Work performed on a project of public works for which the local
7governmental unit contracting for the project is not required to compensate any
8contractor, subcontractor, contractor's or subcontractor's agent, or individual for
9performing the work.
SB59,581,1110
(c) Minor service or maintenance work, warranty work, or work under a supply
11and installation contract.
SB59,581,1412
(f) A project of public works involving the erection, construction, repair,
13remodeling, or demolition of a residential property containing 2 dwelling units or
14less.
SB59,581,2015
(g) A road, street, bridge, sanitary sewer, or water main project that is a part
16of a development in which not less than 90 percent of the lots contain or will contain
172 dwelling units or less, as determined by the local governmental unit at the time of
18approval of the development, and that, on completion, is acquired by, or dedicated to,
19a local governmental unit, including under s. 236.13 (2), for ownership or
20maintenance by the local governmental unit.
SB59,582,2
21(8) Posting. A local governmental unit that has contracted for a project of
22public works shall post the prevailing wage rates determined by the department, the
23prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) in at least
24one conspicuous place on the site of the project that is easily accessible by employees
1working on the project, or, if there is no common site on the project, at the place
2normally used by the local governmental unit to post public notices.
SB59,582,11
3(9) Compliance. (a) When the department finds that a local governmental unit
4has not requested a determination under sub. (3) (am) or that a local governmental
5unit, contractor, or subcontractor has not physically incorporated a determination
6into a contract or subcontract as required under this section or has not notified a
7minor subcontractor of a determination in the manner prescribed by the department
8by rule promulgated under sub. (3) (dm), the department shall notify the local
9governmental unit, contractor, or subcontractor of the noncompliance and shall file
10the determination with the local governmental unit, contractor, or subcontractor
11within 30 days after the notice.
SB59,582,1612
(b) Upon completion of a project of public works and before receiving final
13payment for his or her work on the project, each agent or subcontractor shall furnish
14the contractor with an affidavit stating that the agent or subcontractor has complied
15fully with the requirements of this section. A contractor may not authorize final
16payment until the affidavit is filed in proper form and order.