Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,222,9 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-AA2,222,12 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-AA2,222,13 a. Become members of or become affiliated with a labor organization.

AB133-ASA1-AA2,222,16 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-AA2,222,21 (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-AA2,222,22 557. Page 785, line 13: after that line insert:

AB133-ASA1-AA2,222,23 " Section 1617s. 66.24 (3) of the statutes is amended to read:

AB133-ASA1-AA2,223,20 66.24 (3) Connections with system. The commission may require any person or municipality in the district to provide for the discharge of its sewage into the district's collection and disposal system, or to connect any sanitary sewerage system with the district's disposal system wherever reasonable opportunity therefor is provided; may regulate the manner in which such connections are made; may require any person or municipality discharging sewage into the system to provide preliminary treatment therefor; may approve or disapprove any connection with or use of the sewerage system by any property owner whose property is connected to a working private sewage system, as defined in s. 145.01 (12); may prohibit and impose a penalty for the discharge into the system of any substance which it determines will or may be harmful to the system or any persons operating it; and may, with the prior approval of the department, after hearing upon 30 days' notice to the municipality involved, require any municipality to discontinue the acquisition, improvement or operation of any facility for disposal of any wastes or material handled by the commission wherever and so far as adequate service is or will be provided by the commission. The commission shall have access to all sewerage records of any municipality in the district and shall require all such municipalities to submit plans of existing systems and proposed extensions of local services or systems. The commission or its employes may enter upon the land in any municipality within the district for the purpose of making surveys or examinations.".

AB133-ASA1-AA2,223,21 558. Page 785, line 14: delete lines 14 to 24.

AB133-ASA1-AA2,223,22 559. Page 786, line 18: after that line insert:

AB133-ASA1-AA2,223,23 " Section 1621m. 66.35 (1) (a) of the statutes is amended to read:

AB133-ASA1-AA2,224,2 66.35 (1) (a) "Medical waste incinerator" has the meaning given in s. 287.07 (7) (c) 1. cr. (8) (a) 5.".

AB133-ASA1-AA2,224,3 560. Page 788, line 16: delete lines 16 to 24 and substitute:

AB133-ASA1-AA2,224,19 "66.431 (5) (a) 4. d. Subject to sub. (5m), the authority of a 1st class city may issue up to $170,000,000 in bonds to finance capital improvements to implement the report approved under 1999 Wisconsin Act .... (this act), section 9139 (7tw) (b) if the board of school directors of the school district operating under ch. 119 adopts a resolution requesting the authority to do so. Bonds issued under this subd. 4. d. may not have a maturity in excess of 20 years, and may not be issued later than the first day of the 60th month beginning after the effective date of this subd. 4. d. .... [revisor inserts date]. Principal and interest payments on bonds issued under this subd. 4. d. may be paid by the board of school directors of the school district operating under ch. 119. If within 30 days after the adoption of a resolution under this subd. 4. d. a petition conforming to the requirements of s. 8.40, that is signed by a number of electors of the city equal to at least 10% of the votes cast in the city for governor at the last general election, is filed in the office of the city clerk demanding that the resolution be submitted to a vote of the electors the resolution may not take effect until it is submitted to a referendum and approved by a majority of the electors. The referendum shall be held at the next regular spring or general election.".

AB133-ASA1-AA2,224,20 561. Page 793, line 22: after that line insert:

AB133-ASA1-AA2,224,21 " Section 1630dg. 66.431 (14) of the statutes is amended to read:

AB133-ASA1-AA2,225,6 66.431 (14) Obligations. For the purpose of financially aiding an authority to carry out blight elimination, slum clearance and urban renewal programs and projects, the city in which the authority functions is authorized, without limiting its authority under any other law, to issue and sell general obligation bonds in the manner and in accordance with the provisions of ch. 67, except that , subject to sub. (5) (a) 4. d., no referendum shall be required, and to levy taxes without limitation for the payment thereof, as provided in s. 67.035. The bonds authorized under this subsection shall be fully negotiable and except as provided in this subsection shall not be subject to any other law or charter pertaining to the issuance or sale of bonds.".

AB133-ASA1-AA2,225,7 562. Page 800, line 2: after that line insert:

AB133-ASA1-AA2,225,8 " Section 1637a. 66.504 (2) of the statutes is amended to read:

AB133-ASA1-AA2,225,15 66.504 (2) Facilities authorized. A municipality may enter into a joint contract with a nonprofit corporation organized for civic purposes and located in the municipality to construct or otherwise acquire, equip, furnish, operate and maintain a facility to be used for municipal and civic activities if a majority of the voters voting in a referendum at a special election or at a spring primary or election or September primary or general an election authorized under s. 8.065 approve the question of entering into the joint contract.".

AB133-ASA1-AA2,225,16 563. Page 800, line 12: after that line insert:

AB133-ASA1-AA2,225,17 " Section 1637w. 66.521 (10) (d) of the statutes is amended to read:

AB133-ASA1-AA2,226,5 66.521 (10) (d) The governing body may issue bonds under this section without submitting the proposition to the electors of the municipality for approval unless within 30 days from the date of publication of notice of adoption of the initial resolution for such bonds, a petition conforming to the requirements of s. 8.40, and signed by a number of electors of the municipality equal to not less than 5% of the registered electors of the municipality, or, if there is no registration of electors in the municipality, by 10% of the number of electors of the municipality voting for the office of governor at the last general election as determined under s. 115.01 (13), is filed with the clerk of the municipality requesting a referendum upon the question of the issuance of the bonds. If such a petition is filed, the bonds shall not be issued until approved by a majority of the electors of the municipality voting thereon at a general or special election referendum called in accordance with s. 8.065.".

AB133-ASA1-AA2,226,7 564. Page 805, line 3: after "subdivision" insert " , except that the first $3,000 of an impact fee is payable before the building permit may be issued".

AB133-ASA1-AA2,226,8 565. Page 806, line 9: after that line insert:

AB133-ASA1-AA2,226,9 " Section 1638i. 66.606 of the statutes is repealed.".

AB133-ASA1-AA2,226,10 566. Page 806, line 12: delete "98.25%" and substitute "97.45%".

AB133-ASA1-AA2,226,11 567. Page 806, line 20: after that line insert:

AB133-ASA1-AA2,226,12 " Section 1643p. 66.904 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,226,22 66.904 (2) (a) Except for a contract awarded under par. (am) and except as provided in par. (b), all work done and all purchases of supplies and materials by the commission shall be by contract awarded to the lowest responsible bidder complying with the invitation to bid, if the work or purchase involves an expenditure of $7,500 $30,000 or more. If the commission decides to proceed with construction of any sewer after plans and specifications for the sewer are completed and approved by the commission and by the department of natural resources under ch. 281, the commission shall advertise by a class 2 notice under ch. 985 for construction bids. All contracts and the awarding of contracts are subject to s. 66.29 , except for a contract awarded under par. (am).

AB133-ASA1-AA2, s. 1643q Section 1643q. 66.904 (2) (am) of the statutes is created to read:

AB133-ASA1-AA2,227,4 66.904 (2) (am) 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 the district.

AB133-ASA1-AA2, s. 1643r Section 1643r. 66.904 (2) (e) of the statutes is amended to read:

AB133-ASA1-AA2,227,7 66.904 (2) (e) Paragraphs (a) to and (b) to (d) do not apply to contracts awarded under s. 66.905. Paragraph (am) applies to contracts awarded under s. 66.905.".

AB133-ASA1-AA2,227,8 568. Page 806, line 20: after that line insert:

AB133-ASA1-AA2,227,9 " Section 1638n. 66.77 (3) (a) 1. of the statutes is amended to read:

AB133-ASA1-AA2,227,20 66.77 (3) (a) 1. If the governing body of a county wishes to exceed the operating levy rate limit otherwise applicable to the county under this section, it shall adopt a resolution to that effect. The resolution shall specify either the operating levy rate or the operating levy that the governing body wishes to impose for either a specified number of years or an indefinite period. The governing body shall call a special referendum for the purpose of submitting the resolution to the electors of the county for approval or rejection. In lieu of a special referendum, the governing body may specify that provide for the referendum to be held at the next succeeding spring primary or election or September primary or general election to be held authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) that occurs not earlier than 30 days after the adoption of the resolution of the governing body.

AB133-ASA1-AA2, s. 1640m Section 1640m. 66.94 (4) of the statutes is amended to read:

AB133-ASA1-AA2,228,9 66.94 (4) Manner of adoption. This section may be adopted by any city, village or town within the metropolitan district in the following manner: The governing body of any municipality, by ordinance passed at least 30 days prior to submission of the question, may direct that the question of the adoption of this section be submitted to the electors therein at any general, special, judicial or local election authorized under s. 8.065. The clerk of such municipality or the election commission of any city of the first class shall thereupon submit the question to popular vote. Public notice of the election shall be given in the same manner as in case of a regular municipal election except that such notice shall be published or posted at least 20 days prior to the election. If a majority of those voting on the question vote in the affirmative thereon, this section shall be adopted in such municipality. The proposition on the ballot to be used at such election shall be in substantially the following form:

AB133-ASA1-AA2,228,12 Shall section 66.94 of the Wisconsin statutes which creates a metropolitan transit authority for ownership and operation of a public mass transportation system in the metropolitan district be adopted?

AB133-ASA1-AA2,228,13 YES ⍽ NO ⍽".

AB133-ASA1-AA2,228,14 569. Page 806, line 20: after that line insert:

AB133-ASA1-AA2,228,15 " Section 1638p. 66.88 (5s) of the statutes is created to read:

AB133-ASA1-AA2,228,16 66.88 (5s) "Labor organization" has the meaning given in s. 5.02 (8m).

AB133-ASA1-AA2, s. 1640m Section 1640m. 66.904 (6) of the statutes is created to read:

AB133-ASA1-AA2,228,20 66.904 (6) Contracts with labor organizations. (a) The commission 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-AA2,228,23 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-AA2,229,3 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-AA2,229,6 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-AA2,229,7 a. Become members of or become affiliated with a labor organization.

AB133-ASA1-AA2,229,10 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-AA2,229,15 (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-AA2,229,17 570. Page 806, line 21: delete the material beginning with that line and ending with page 808, line 24.

AB133-ASA1-AA2,229,18 571. Page 808, line 24: after that line insert:

AB133-ASA1-AA2,229,19 " Section 1646m. 66.949 (3) of the statutes is amended to read:

AB133-ASA1-AA2,230,12 66.949 (3) Notice. Notwithstanding ss. 27.065 (5) (a), 30.32, 38.18, 43.17 (9) (a), 59.52 (29) (a) (am), 59.70 (11), 60.47 (2) to (4), 60.77 (6) (a), 61.55, 61.56, 61.57, 62.15 (1), 62.155, 66.24 (5) (d), 66.299 (2), 66.431 (5) (a) 2., 66.47 (11), 66.505 (10), 66.508 (10) and 66.904 (2), before entering into a performance contract under this section, a local governmental unit shall solicit bids or competitive sealed proposals from qualified providers. A local governmental unit may only enter into a performance contract if the contract is awarded by the governing body of the local governmental unit. The governing body shall give at least 10 days' notice of the meeting at which the body intends to award a performance contract. The notice shall include a statement of the intent of the governing body to award the performance contract, the names of all potential parties to the proposed performance contract, and a description of the energy conservation and facility improvement measures included in the performance contract. At the meeting, the governing body shall review and evaluate the bids or proposals submitted by all qualified providers and may thereafter award the performance contract to the qualified provider that best meets the needs of the local governmental unit, which need not be the lowest cost provider.".

AB133-ASA1-AA2,230,13 572. Page 808, line 24: after that line insert:

AB133-ASA1-AA2,230,14 " Section 1646e. 66.945 (15) of the statutes is amended to read:

AB133-ASA1-AA2,231,3 66.945 (15) Dissolution of regional planning commissions. Upon receipt of certified copies of resolutions recommending the dissolution of a regional planning commission adopted by the governing bodies of a majority of the local units in the region, including the county board of any county, part or all of which is within the region, and upon a finding that all outstanding indebtedness of the commission has been paid and all unexpended funds returned to the local units which supplied them, or that adequate provision has been made therefor, the governor shall issue a certificate of dissolution of the commission which shall thereupon cease to exist. Every local unit located within the boundaries of a region, including the county board of any county, part or all of which is within the region, may adopt a resolution recommending the dissolution of the regional planning commission under this subsection, even if the local unit has withdrawn from the commission's jurisdiction under sub. (16).".

AB133-ASA1-AA2,231,4 573. Page 808, line 25: after that line insert:

AB133-ASA1-AA2,231,5 " Section 1647m. 67.05 (4) and (5) of the statutes are amended to read:

AB133-ASA1-AA2,231,19 67.05 (4) Permissive referendum in counties. If a county board adopts an initial resolution for an issue of county bonds to provide for the original construction or for the improvement and maintenance of highways, to provide railroad aid, or to construct, acquire or maintain, or to aid in constructing, acquiring or maintaining a bridge over or across any stream or other body of water bordering upon or intersecting any part of the county, the county clerk is not required to submit the resolution for approval to the electors of the county at a special election referendum unless within 30 days after the adoption thereof there is filed with the clerk a petition conforming to the requirements of s. 8.40 and requesting such submission, signed by electors numbering at least 10% of the votes cast in the county for governor at the last general election. If a petition is filed, the question submitted shall be whether the resolution shall be or shall not be approved. No such resolution of a county board other than those specified in this subsection need be submitted to county electors, except as provided otherwise in sub. (7).

AB133-ASA1-AA2,232,8 (5) Referendum in towns, villages and cities. (a) Whenever an initial resolution has been so adopted by the governing body of a town, the clerk of the municipality shall immediately record the resolution and call a special election referendum in accordance with s. 8.065 for the purpose of submitting the resolution to the electors of the municipality for approval. This paragraph does not apply to bonds issued to finance low-interest mortgage loans under s. 66.38, unless a number of electors equal to at least 15% of the votes cast for governor at the last general election in their town sign and file a petition conforming to the requirements of s. 8.40 with the town clerk requesting submission of the resolution. Whenever a number of electors cannot be determined on the basis of reported statistics, the number shall be determined in accordance with s. 60.74 (6). If a petition is filed, the question submitted shall be whether the resolution shall or shall not be approved. This paragraph is limited in its scope by sub. (7).

AB133-ASA1-AA2,233,17 (b) No city or village may issue any bonds for any purposes other than for water systems, lighting works, gas works, bridges, street lighting, street improvements, street improvement funding, hospitals, airports, harbor improvements, river improvements, breakwaters and protection piers, sewerage, garbage disposal, rubbish or refuse disposal, any combination of sewage, garbage or refuse or rubbish disposal, parks and public grounds, swimming pools and band shells thereon, veterans housing projects, paying the municipality's portion of the cost of abolishing grade crossings, for the construction of police facilities and combined fire and police safety buildings, for the purchase of sites for engine houses, for fire engines and other equipment of the fire department, for construction of engine houses, and for pumps, water mains, reservoirs and all other reasonable facilities for fire protection apparatus or equipment for fire protection, for parking lots or other parking facilities, for school purposes, for libraries, for buildings for the housing of machinery and equipment, for acquiring and developing sites for industry and commerce as will expand the municipal tax base, for financing the cost of low-interest mortgage loans under s. 66.38, for providing financial assistance to blight elimination, slum clearance, community development, redevelopment and urban renewal programs and projects under ss. 66.405 to 66.425, 66.43, 66.431, 66.4325, 66.435 and 66.46 or for university of Wisconsin system college campuses, as defined in s. 36.05 (6m), until the proposition for their issue for the special purpose thereof has been submitted to the electors of the city or village and adopted by a majority vote. Except as provided under sub. (15), if the common council of any city or the village board of any village declares its purpose to raise money by issuing bonds for any purpose other than those above specified, it shall direct by resolution, which shall be recorded at length in the record of its proceedings, the clerk to call a special election referendum in accordance with s. 8.065 for the purpose of submitting the question of bonding to the city or village electors. If a number of electors of a city or village equal to at least 15% of the votes cast for governor at the last general election in their city or village sign and file a petition conforming to the requirements of s. 8.40 with the city or village clerk requesting submission of the resolution, the city or village may not issue bonds for financing the cost of low-interest mortgage loans under s. 66.38 without calling a special election to submit the question of bonding to unless the issuance is approved by the city or village electors for their approval at a referendum called in accordance with s. 8.065.

AB133-ASA1-AA2, s. 1648a Section 1648a. 67.05 (6a) (a) 2. a. of the statutes is amended to read:

AB133-ASA1-AA2,234,2 67.05 (6a) (a) 2. a. Direct the school district clerk to call a special election referendum in accordance with s. 8.065 (2) or a referendum authorized under s. 8.065 (3) for the purpose of submitting the resolution to the electors for approval or rejection, or direct that the resolution be submitted at the next regularly scheduled primary or election permitted under s. 8.065 (2) or a referendum authorized under s. 8.065 (3) to be held not earlier than 45 days after the adoption of the resolution. The resolution shall not be effective unless adopted by a majority of the school district electors voting at the referendum.".

AB133-ASA1-AA2,234,3 574. Page 808, line 25: after that line insert:

AB133-ASA1-AA2,234,4 " Section 1647c. 67.04 (5) (b) 4. of the statutes is created to read:

AB133-ASA1-AA2,234,7 67.04 (5) (b) 4. To pay unfunded prior service liability contributions under the Wisconsin retirement system if all of the proceeds of the note will be used to pay for such contributions.".

AB133-ASA1-AA2,234,8 575. Page 809, line 9: after that line insert:

AB133-ASA1-AA2,234,9 " Section 1648i. 67.05 (6m) (b) of the statutes is amended to read:

AB133-ASA1-AA2,234,15 67.05 (6m) (b) If a referendum is to be held on an initial resolution, the district board shall direct the technical college district secretary to call a special election referendum in accordance with s. 8.065 for the purpose of submitting the initial resolution to the electors for a referendum on approval or rejection. In lieu of a special election, the district board may specify that the election be held at the next succeeding spring primary or election or September primary or general election.".

AB133-ASA1-AA2,234,16 576. Page 809, line 13: after that line insert:

AB133-ASA1-AA2,234,17 " Section 1648s. 67.10 (5) (b) of the statutes is amended to read:

AB133-ASA1-AA2,234,21 67.10 (5) (b) Any city having voted approved the issuance of bonds at a special referendum election held in accordance with s. 8.065 and having sold a portion thereof may negotiate, sell or otherwise dispose of the same in the manner provided by statute within 9 years of the date of the election voting the same.".

AB133-ASA1-AA2,234,22 577. Page 809, line 23: after that line insert:

AB133-ASA1-AA2,234,23 " Section 1649e. 67.12 (12) (e) 5. of the statutes is amended to read:

AB133-ASA1-AA2,236,10 67.12 (12) (e) 5. Within 10 days of the adoption by a technical college district board of a resolution under subd. 1. to issue a promissory note for a purpose under s. 38.16 (2), the secretary of the district board shall publish a notice of such adoption as a class 1 notice, under ch. 985. The notice need not set forth the full contents of the resolution, but shall state the amount proposed to be borrowed, the method of borrowing, the purpose thereof, that the resolution was adopted under this subsection and the place where and the hours during which the resolution is available for public inspection. If the amount proposed to be borrowed is for building remodeling or improvement and does not exceed $500,000 or is for movable equipment, the district board need not submit the resolution to the electors for approval unless, within 30 days after the publication or posting, a petition conforming to the requirements of s. 8.40 is filed with the secretary of the district board requesting a referendum at a special election to be called for that purpose. Such petition shall be signed by electors from each county lying wholly or partially within the district. The number of electors from each county shall equal at least 1.5% of the population of the county as determined under s. 16.96 (2) (c). If a county lies in more than one district, the technical college system board shall apportion the county's population as determined under s. 16.96 (2) (c) to the districts involved and the petition shall be signed by electors equal to the appropriate percentage of the apportioned population. In lieu of a special election, the district board may specify that the referendum shall be held at the next succeeding spring primary or election or September primary or general election. Any resolution to borrow amounts of money in excess of $500,000 for building remodeling or improvement shall be submitted to the electors of the district for approval. Any referendum under this subdivision shall be called at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) occurring not sooner than 45 days after filing of a petition or adoption of a resolution requiring the referendum. If a referendum is held or required under this subdivision, no promissory note may be issued until the issuance is approved by a majority of the district electors voting at such referendum. The referendum shall be noticed, called and conducted under s. 67.05 (6a) insofar as applicable, except that the notice of special election referendum and ballot need not embody a copy of the resolution and the question which shall appear on the ballot shall be "Shall .... (name of district) be authorized to borrow the sum of $.... for (state purpose) by issuing its general obligation promissory note (or notes) under section 67.12 (12) of the Wisconsin Statutes?".".

AB133-ASA1-AA2,236,12 578. Page 810, line 5: delete "Thirteen dollars and 40 cents" and substitute "Fourteen dollars".

AB133-ASA1-AA2,236,13 579. Page 811, line 18: after that line insert:

AB133-ASA1-AA2,236,14 " Section 1653d. 70.111 (3) of the statutes is amended to read:

AB133-ASA1-AA2,236,19 70.111 (3) Boats. Watercraft employed regularly in interstate traffic. Watercraft, watercraft laid up for repairs. All, all pleasure watercraft used for recreational purposes. Commercial, commercial fishing boats. Charter and equipment that is used by commercial fishing boats, charter sailboats and charter boats, other than sailboats, that are used for tours.".

AB133-ASA1-AA2,236,20 580. Page 811, line 18: after that line insert:

AB133-ASA1-AA2,236,21 " Section 1653f. 70.11 (40) of the statutes is created to read:

AB133-ASA1-AA2,236,22 70.11 (40) Hub terminal facility. (a) In this subsection:

AB133-ASA1-AA2,237,3 1. "Air carrier company" means any person engaged in the business of transportation in aircraft of persons or property for hire on regularly scheduled flights.

AB133-ASA1-AA2,237,7 2. "Hub terminal facility" means a facility at which an air carrier company operated at least 45 common carrier departing flights each weekday in the prior year and transported passengers to at least 15 nonstop destinations or transported cargo to nonstop destinations, as defined by rule by the department of revenue.

AB133-ASA1-AA2,237,9 (b) Property owned by an air carrier company that operates a hub terminal facility in this state.".

AB133-ASA1-AA2,237,10 581. Page 811, line 18: after that line insert: