Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,202,8 59.52 (29) (c) 1. In this paragraph, "design-build construction process" means a procurement process under which the engineering, design and construction services are provided by a single entity.

AB133-ASA1-AA2,202,10 2. Any public works contract described in par. (a), the estimated cost of which exceeds $500,000, may be let using the design-build construction process.

AB133-ASA1-AA2,202,13 (d) If a county wishes to construct a public work using the design-build construction process, the county shall use a selection process that contains the following procedures:

AB133-ASA1-AA2,202,20 1. The county shall issue a request for proposals from design-build teams by publishing a class 1 notice under ch. 985. The notice shall include a project statement that describes the space needs and design goals for the project, detailed submission requirements, selection procedures, site information, an outline of specifications for the project, a budget for the project, a project schedule, the composition of the selection panel and the approximate amount of the bond that the county will require under par. (e).

AB133-ASA1-AA2,203,6 2. Following receipt of the proposals, the county shall select 5 or less design-build teams to participate in the final stage of the selection process. The selection of teams under this subdivision shall be based on factors that include the background, experience and qualifications of the members of the teams; the financial strength and surety capacity of the teams; the quality of the initial proposal; and the past performance and current workload of the teams. The county selection panel that selects the teams under this subdivision for the final selection process under subd. 3. may include design and construction professionals who work for the county or are hired by the county to assist in the selection, members of the county board and representatives from the county entity that will use the facility that is to be constructed under the selection process described in this paragraph.

AB133-ASA1-AA2,203,17 3. The county shall make a final selection from among the teams selected under subd. 2. if the county determines that at least one of the teams selected as a finalist under subd. 2. will be able to construct the public work in a way that is satisfactory to the county. The final selection shall be made following interviews and presentations from the finalists, based on criteria that are published as a class 1 notice under ch. 985. The notice shall state the weight that is given to each criterion. The criteria to be used in making a final selection under this subdivision may include the quality of the proposed design, the construction approach to be used to complete the project, the extent to which a proposal demonstrates compliance with the project statement described under subd. 1., the proposed management plan for the project, the estimated cost of the project and a guaranteed maximum price for the project.

AB133-ASA1-AA2,203,21 (e) If the county selects a design-build team under par. (d) 3. and enters into a contract for the construction of the project, the design-build team shall obtain bonding, in an amount specified by the county, to guarantee completion of the project according to the terms of the contract.".

AB133-ASA1-AA2,203,22 535. Page 761, line 21: after that line insert:

AB133-ASA1-AA2,203,23 " Section 1577n. 59.52 (29) (ae) of the statutes is created to read:

AB133-ASA1-AA2,204,2 59.52 (29) (ae) In this subsection, "labor organization" has the meaning given in s. 5.02 (8m).

AB133-ASA1-AA2, s. 1577o Section 1577o. 59.52 (29) (b) of the statutes is amended to read:

AB133-ASA1-AA2,204,9 59.52 (29) (b) The provisions of par. (a) (am) are not mandatory for the repair or reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the board, in which the public health or welfare of the county is endangered. Whenever the board by majority vote at a regular or special meeting determines that an emergency no longer exists, this paragraph no longer applies.

AB133-ASA1-AA2, s. 1577p Section 1577p. 59.52 (29) (f) and (g) of the statutes are created to read:

AB133-ASA1-AA2,204,13 59.52 (29) (f) The board shall ensure that the specifications for bids and contracts for construction projects entered into under this subsection do not do any of the following:

AB133-ASA1-AA2,204,16 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,204,19 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,204,22 3. Require any bidder, contractor or subcontractor to enter into, continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB133-ASA1-AA2,204,23 a. Become members of or become affiliated with a labor organization.

AB133-ASA1-AA2,205,3 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB133-ASA1-AA2,205,8 (g) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par. (f). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.".

AB133-ASA1-AA2,205,9 536. Page 761, line 22: delete lines 22 to 25.

AB133-ASA1-AA2,205,10 537. Page 762, line 1: delete lines 1 to 12.

AB133-ASA1-AA2,205,11 538. Page 763, line 10: after that line insert:

AB133-ASA1-AA2,205,12 " Section 1579u. 59.692 (6m) of the statutes is created to read:

AB133-ASA1-AA2,205,17 59.692 (6m) For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (1) to (5), the department may not proceed under sub. (6) or (7) (b) or (c), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet the shoreland zoning standards.".

AB133-ASA1-AA2,205,18 539. Page 763, line 23: after that line insert:

AB133-ASA1-AA2,205,19 " Section 1580n. 60.47 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,205,23 60.47 (2) (a) No town may enter into a public contract with an estimated cost of more than $5,000 but not more than $10,000 $30,000 unless the town board, or a town official or employe designated by the town board, gives a class 1 notice under ch. 985 before execution of that public contract.

AB133-ASA1-AA2, s. 1580nc Section 1580nc. 60.47 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,206,5 60.47 (2) (b) No town may enter into a public contract with a value of more than $10,000 $30,000 unless the town board, or a town official or employe designated by the town board, advertises for proposals to perform the terms of the public contract by publishing a class 2 notice under ch. 985. The town board may provide for additional means of advertising for bids.

AB133-ASA1-AA2, s. 1580nf Section 1580nf. 60.47 (2m) of the statutes is created to read:

AB133-ASA1-AA2,206,10 60.47 (2m) Design-build contracts. Any public contract under sub. (2), the estimated cost of which exceeds $500,000, may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d) and (e), as it applies to counties, applies to towns.

AB133-ASA1-AA2, s. 1580ng Section 1580ng. 60.47 (3) of the statutes is amended to read:

AB133-ASA1-AA2,206,15 60.47 (3) Contracts to lowest responsible bidder. The Except as provided in sub. (2m), the town board shall let a public contract for which advertising for proposals is required under sub. (2) (b) to the lowest responsible bidder. Section 66.29 applies to public contracts let under sub. (2) (b).

AB133-ASA1-AA2, s. 1580ni Section 1580ni. 60.47 (5) of the statutes is amended to read:

AB133-ASA1-AA2,206,24 60.47 (5) Exception for emergencies and donated materials and labor. This section is optional with respect to public contracts for the repair and construction of public facilities when damage or threatened damage to the facility creates an emergency, as declared by resolution of the town board, that endangers the public health or welfare of the town. This subsection no longer applies when the town board declares that the emergency no longer exists. This section is optional with respect to a public contract if the materials related to the contract are donated or if the labor that is necessary to execute the public contract is provided by volunteers.".

AB133-ASA1-AA2,207,1 540. Page 763, line 23: after that line insert:

AB133-ASA1-AA2,207,2 " Section 1582mp. 60.62 (2) of the statutes is amended to read:

AB133-ASA1-AA2,207,6 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town to be held at the time of any regular or special election in accordance with s. 8.065.".

AB133-ASA1-AA2,207,7 541. Page 763, line 23: after that line insert:

AB133-ASA1-AA2,207,8 " Section 1582m. 60.47 (1) (a) of the statutes is renumbered 60.47 (1) (am).

AB133-ASA1-AA2, s. 1582n Section 1582n. 60.47 (1) (ae) of the statutes is created to read:

AB133-ASA1-AA2,207,10 60.47 (1) (ae) "Labor organization" has the meaning given in s. 5.02 (8m).

AB133-ASA1-AA2, s. 1582o Section 1582o. 60.47 (5m) of the statutes is created to read:

AB133-ASA1-AA2,207,14 60.47 (5m) Contracts with labor organizations. (a) The town board shall ensure that the specifications for bids and contracts for construction projects entered into under this section do not do any of the following:

AB133-ASA1-AA2,207,17 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,207,20 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,207,23 3. Require any bidder, contractor or subcontractor to enter into, continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB133-ASA1-AA2,207,24 a. Become members of or become affiliated with a labor organization.

AB133-ASA1-AA2,208,3 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB133-ASA1-AA2,208,8 (b) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par. (a). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.".

AB133-ASA1-AA2,208,9 542. Page 763, line 23: after that line insert:

AB133-ASA1-AA2,208,10 " Section 1582k. 60.50 (2m) of the statutes is created to read:

AB133-ASA1-AA2,208,14 60.50 (2m) Sewerage system use. Approve or disapprove any connection with or use of the town sewerage system, as defined in s. 60.70 (6), by any property owner whose property is connected to a working private sewage system, as defined in s. 145.01 (12).".

AB133-ASA1-AA2,208,15 543. Page 763, line 23: after that line insert:

AB133-ASA1-AA2,208,16 " Section 1581m. 59.70 (2) (L) of the statutes is amended to read:

AB133-ASA1-AA2,208,24 59.70 (2) (L) Appropriate funds and levy taxes to provide funds for acquisition or lease of sites, easements, necessary facilities and equipment and for all other costs required for the solid waste management system except that no municipality which operates its own solid waste management program under s. 287.09 (2) (a) or waste collection and disposal facility, or property therein, shall be subject to any tax levied hereunder to cover the capital and operating costs of these functions. Such appropriations may be treated as a revolving capital fund to be reimbursed from proceeds of the system.".

AB133-ASA1-AA2,209,1 544. Page 763, line 23: after that line insert:

AB133-ASA1-AA2,209,2 " Section 1580m. 59.84 (2) (em) of the statutes is created to read:

AB133-ASA1-AA2,209,8 59.84 (2) (em) Light rail transit systems; construction prohibition. No person may construct a light rail transit system in Milwaukee County unless the board first authorizes the development of the applicable light rail transit system by resolution and the resolution is ratified in a referendum of the electors of Milwaukee County. The referendum is valid only if the vote is taken at the next general election, as defined in s. 5.02 (5), after the adoption of the resolution.".

AB133-ASA1-AA2,209,10 545. Page 763, line 24: delete the material beginning with that line and ending with page 767, line 17.

AB133-ASA1-AA2,209,11 546. Page 767, line 17: after that line insert:

AB133-ASA1-AA2,209,12 " Section 1585Lm. 61.55 (title) of the statutes is amended to read:

AB133-ASA1-AA2,209,14 61.55 (title) Contracts involving over $10,000; how let; exception Public contracts and competitive bidding.

AB133-ASA1-AA2, s. 1585m Section 1585m. 61.55 of the statutes is renumbered 61.55 (1m) and amended to read:

AB133-ASA1-AA2,210,7 61.55 (1m) Contracts involving over $30,000; how let; exception. All Except as provided in sub. (2), all contracts for public construction, in any such village, exceeding $10,000 $30,000, shall be let by the village board to the lowest responsible bidder in accordance with s. 66.29 insofar as said that section may be applicable. If the estimated cost of any public construction exceeds $5,000, but is not greater than $10,000 $30,000, the village board shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers, and this provision and s. 281.41 are not mandatory for the repair and reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the village board, in which the public health or welfare of the village is endangered. Whenever the village board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

AB133-ASA1-AA2, s. 1585mc Section 1585mc. 61.55 (2) of the statutes is created to read:

AB133-ASA1-AA2,210,12 61.55 (2) Design-build construction. Any contract for public construction under sub. (1m), the estimated cost of which exceeds $500,000, may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d) and (e), as it applies to counties, applies to villages.

AB133-ASA1-AA2, s. 1587s Section 1587s. 62.03 (1) of the statutes is amended to read:

AB133-ASA1-AA2,210,16 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j) and (k), 62.15 (1m) (b), 62.175 and 62.23 (7) (em) and (he), does not apply to 1st class cities under special charter.

AB133-ASA1-AA2, s. 1588c Section 1588c. 62.15 (1) of the statutes is amended to read:

AB133-ASA1-AA2,211,4 62.15 (1) Contracts; how let; exception for donated materials and labor. All Except as provided in sub. (1m), all public construction, the estimated cost of which exceeds $10,000 $30,000, shall be let by contract to the lowest responsible bidder; all other public construction shall be let as the council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $10,000 $30,000, the board of public works shall give a class 1 notice, under ch. 985, of the proposed construction before the contract for the construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The council may also by a vote of three-fourths of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the city without submitting the same for bids.

AB133-ASA1-AA2, s. 1588d Section 1588d. 62.15 (1m) of the statutes is created to read:

AB133-ASA1-AA2,211,9 62.15 (1m) Design-build contracts. (a) Any contract for public construction under sub. (1), the estimated cost of which exceeds $500,000, may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d) and (e), as it applies to counties, applies to cities.

AB133-ASA1-AA2,211,13 (b) Any contract for public construction, the estimated cost of which exceeds $500,000, let by a 1st class city may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d) and (e), as it applies to counties, applies to 1st class cities.".

AB133-ASA1-AA2,211,14 547. Page 767, line 17: after that line insert:

AB133-ASA1-AA2,211,15 " Section 1585m. 60.74 (5) (b) of the statutes is amended to read:

AB133-ASA1-AA2,212,2 60.74 (5) (b) A petition conforming to the requirements of s. 8.40 signed by qualified electors of the district equal to at least 20% of the vote cast for governor in the district at the last gubernatorial election, requesting a change to appointment of commissioners, may be submitted to the town board, subject to sub. (5m) (a). Upon receipt of the petition, the town board shall submit the question to a referendum at the next regular spring election or general election, or shall call a special election for that purpose authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after receipt of the petition. The inspectors shall count the votes and submit a statement of the results to the commission. The commission shall canvass the results of the election and certify the results to the town board which has authority to appoint commissioners.

AB133-ASA1-AA2, s. 1587m Section 1587m. 61.187 (1) of the statutes is amended to read:

AB133-ASA1-AA2,212,13 61.187 (1) Procedure. Whenever a petition conforming to the requirements of s. 8.40, signed by at least one-third as many electors of any village as voted for village officers at the next preceding election therefor, shall be presented to the village board praying for dissolution of the village corporation, such board shall submit to the electors of such village, for determination by ballot in substantially the manner provided by ss. 5.64 (2) and 10.02, at a general election or at a special election called by them for that purpose the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after presentation of the petition, the question whether or not such village corporation shall be dissolved.

AB133-ASA1-AA2, s. 1587o Section 1587o. 61.46 (1) of the statutes is amended to read:

AB133-ASA1-AA2,213,2 61.46 (1) General; limitation. The village board shall, on or before December 15 in each year, by resolution to be entered of record, determine the amount of corporation taxes to be levied and assessed on the taxable property in such village for the current year. Before levying any tax for any specified purpose, exceeding one percent of the assessed valuation aforesaid, the village board shall, and in all other cases may in its discretion, submit the question of levying the same to the village electors at any general or special the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held no sooner than 45 days after submission by giving 10 days' notice thereof prior to such election by publication in a newspaper published in the village, if any, and if there is none, then by posting notices in 3 public places in said village, setting forth in such notices the object and purposes for which such taxes are to be raised and the amount of the proposed tax.

AB133-ASA1-AA2, s. 1587q Section 1587q. 62.09 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,213,15 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller, attorney, engineer, one or more assessors unless the city is assessed by a county assessor under s. 70.99, one or more constables as determined by the common council, a local health officer, as defined in s. 250.01 (5), or local board of health, as defined in s. 250.01 (3), street commissioner, board of police and fire commissioners except in cities where not applicable, chief of police, chief of the fire department, board of public works, 2 alderpersons from each aldermanic district, and such other officers or boards as are created by law or by the council. If one alderperson from each aldermanic district is provided under s. 66.018 (1), the council may, by ordinance adopted by a two-thirds vote of all its members and approved by the electors at a general or special any election authorized under s. 8.065, provide that there shall be 2 alderpersons from each aldermanic district.".

AB133-ASA1-AA2,213,16 548. Page 767, line 17: after that line insert:

AB133-ASA1-AA2,213,17 " Section 1589o. 61.55 (1) of the statutes is created to read:

AB133-ASA1-AA2,213,19 61.55 (1) Definition. In this section "labor organization" has the meaning given in s. 5.02 (8m).

AB133-ASA1-AA2, s. 1589p Section 1589p. 61.55 (3) of the statutes is created to read:

AB133-ASA1-AA2,213,23 61.55 (3) Contracts with labor organizations. (a) The village board shall ensure that the specifications for bids and contracts for construction projects entered into under this section do not do any of the following: