Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,186,15 5. a. The board shall ensure that, for construction work and professional services contracts, a person who is awarded such a contract by the board shall agree, as a condition to receiving the contract, that if he or she is unable to meet the goal under subd. 2., he or she shall make a good faith effort to contract with the technical college district board of the technical college district in which the facilities are to be constructed or the professional services contract is to be performed, to develop appropriate training programs designed to increase the pool of minority group members and women who are qualified to perform the construction work or professional services.

AB133-SSA1-SA1,186,21 b. If the board is unable to meet the goals under subds. 3. and 4., the board shall make a good faith effort to contract with the technical college district board of the technical college district in which the contracts described under subd. 3. a. and b. are to be performed, to develop appropriate training programs designed to increase the pool of minority group members and women who are qualified to perform the contracts described under subd. 3. a., b. and c.

AB133-SSA1-SA1,187,2 6. a. The board shall hire an independent person to monitor the board's compliance with minority contracting goals under subds. 2., 3. and 4. The person hired shall have previous experience working with minority group members. The board shall develop a mechanism to receive regular reports from the person hired with respect to the results of the person's studies of compliance with minority contracting goals.

AB133-SSA1-SA1,187,7 b. If the board or a contractor is unable to meet the goals under subd. 2., 3. or 4., the person hired under this subd. 6. a. shall assess whether the board or contractor made a good faith effort to reach the goals. In determining whether a good faith effort was made to meet the goals, the person hired shall consider all of the factors listed in subd. 7.

AB133-SSA1-SA1,187,10 7. a. The supply of eligible minority businesses and women's businesses that have the financial capacity, technical capacity and previous experience in the areas in which contracts were awarded.

AB133-SSA1-SA1,187,13 b. The competing demands for the services provided by eligible minority businesses and women's businesses, as described in this subd. 7. a., in areas in which contracts were awarded.

AB133-SSA1-SA1,187,17 c. The extent to which the board or contractors advertised for and aggressively solicited bids from eligible minority businesses and women's businesses, as described in this subd. 7. a., and the extent to which eligible minority businesses and women's businesses submitted bids.".

AB133-SSA1-SA1,187,19 708. Page 762, line 13: delete the material beginning with that line and ending with page 763, line 10.

AB133-SSA1-SA1,187,20 709. Page 763, line 10: after that line insert:

AB133-SSA1-SA1,187,21 " Section 1579u. 59.692 (6m) of the statutes is created to read:

AB133-SSA1-SA1,188,2 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-SSA1-SA1,188,3 710. Page 763, line 11: delete lines 11 to 23.

AB133-SSA1-SA1,188,4 711. Page 763, line 23: after that line insert:

AB133-SSA1-SA1,188,5 " Section 1580p. 60.615 of the statutes is created to read:

AB133-SSA1-SA1,188,8 60.615 Town of Troy farmland preservation pilot program; special zoning powers, purchase of development rights. (1) Town board purchase of development rights. (a) Definitions. In this section:

AB133-SSA1-SA1,188,9 1. "Board" means the town of Troy board of supervisors.

AB133-SSA1-SA1,188,15 2. "Conservation easement" means a holder's nonpossessory interest in real property that imposes a limitation or affirmative obligation the purpose of which is to retain or protect natural, scenic or open space values of real property, assuring the availability of real property for agricultural, forest, wildlife habitat, recreational or open space use, protecting natural resources or maintaining or enhancing air or water quality.

AB133-SSA1-SA1,188,16 3. "Developer" means a person that constructs or creates a land development.

AB133-SSA1-SA1,188,21 4. "Development rights" means a holder's nonpossessory interest in farmland that imposes a limitation or affirmative obligation the purpose of which is to retain or protect natural, scenic or open space values of farmland, assuring the availability of farmland for agricultural, forest, wildlife habitat, recreational or open space use, protecting natural resources or maintaining or enhancing air or water quality.

AB133-SSA1-SA1,188,22 5. "Farmland" has the meaning given for eligible farmland under s. 91.01 (6).

AB133-SSA1-SA1,188,24 6. "Land development" means the construction of residential dwelling units within the town of Troy in an area that is subject to zoning under sub. (2) (b).

AB133-SSA1-SA1,189,1 7. "Town of Troy" means the town of Troy in St. Croix County.

AB133-SSA1-SA1,189,3 (b) Purchase of development rights. 1. The board may purchase development rights to farmland that is located in the town of Troy.

AB133-SSA1-SA1,189,9 2. The town may purchase the development rights with the grant received from the department of agriculture, trade and consumer protection under s. 20.115 (7) (dr) or from funds received by a developer who makes the payments described under sub. (2) (c) 2. If the board adopts a resolution requesting the department of agriculture, trade and consumer protection to make the grant payment described under this subdivision, the department shall do so.

AB133-SSA1-SA1,189,11 3. The board shall determine which farmland in the town is the best farmland and shall attempt to purchase the development rights to that farmland.

AB133-SSA1-SA1,189,18 (2) Special zoning provisions. (a) Zoning authority. Notwithstanding s. 91.77 (1), the board may rezone a parcel that is zoned for exclusive agricultural use under subch. V of ch. 91 if the owner of the parcel grants a permanent conservation easement to the town of Troy that applies to at least 60% of the parcel, including the best farmland in the parcel as determined by the board. Except as provided in par. (c), the provisions of s. 91.77 (2) do not apply to a parcel that is rezoned under this paragraph or that is developed under par. (b).

AB133-SSA1-SA1,189,21 (b) Development procedures. With regard to the portion of a parcel described under par. (a) that is not subject to a permanent conservation easement, a developer may, subject to par. (c), create a land development.

AB133-SSA1-SA1,189,23 (c) Development conditions. 1. The board may determine population density limits that apply to a land development.

AB133-SSA1-SA1,190,2 2. If a developer creates a land development under par. (b) the developer shall pay to the town of Troy the amount of tax credits that would be subject to a lien, as calculated under s. 91.77 (2), on the parcels on which the land development is proposed.

AB133-SSA1-SA1,190,5 (3) Sunset provisions. The board may not exercise the zoning authority described under sub. (2) after the first day of the 24th month beginning after publication.".

AB133-SSA1-SA1,190,6 712. Page 764, line 25: after that line insert:

AB133-SSA1-SA1,190,7 " Section 1588m. 62.03 (1) of the statutes is amended to read:

AB133-SSA1-SA1,190,10 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j) and (k), 62.15 (1m), 62.175 and 62.23 (7) (em) and (he), does not apply to 1st class cities under special charter.

AB133-SSA1-SA1, s. 1588r Section 1588r. 62.15 (1) of the statutes is amended to read:

AB133-SSA1-SA1,190,20 62.15 (1) Contracts; how let. All Except as provided in sub. (1m), all public construction, the estimated cost of which exceeds $10,000, 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, 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. 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-SSA1-SA1, s. 1588s Section 1588s. 62.15 (1m) of the statutes is created to read:

AB133-SSA1-SA1,191,2 62.15 (1m) Design-build contracts. Any contract for public construction under sub. (1) that is let by a 1st class city, the estimated cost of which exceeds $3,000,000, may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d), (e) and (f), as it applies to counties with a population of at least 500,000, applies to 1st class cities.".

AB133-SSA1-SA1,191,3 713. Page 767, line 18: delete lines 18 to 25.

AB133-SSA1-SA1,191,4 714. Page 768, line 1: delete lines 1 to 15.

AB133-SSA1-SA1,191,5 715. Page 768, line 15: after that line insert:

AB133-SSA1-SA1,191,6 " Section 1591k. 62.231 (6m) of the statutes is created to read:

AB133-SSA1-SA1,191,11 62.231 (6m) Certain amendments to ordinances. 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 of natural resources may not proceed under sub. (6), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet reasonable minimum standards.".

AB133-SSA1-SA1,191,13 716. Page 778, line 6: delete the material beginning with that line and ending with page 779, line 6.

AB133-SSA1-SA1,191,14 717. Page 779, line 6: after that line insert:

AB133-SSA1-SA1,191,15 " Section 1608m. 66.082 (3) (a) of the statutes is amended to read:

AB133-SSA1-SA1,191,17 66.082 (3) (a) Own and operate a cable television system, except that such a system shall be operated on a competitively neutral and nondiscriminatory basis.".

AB133-SSA1-SA1,191,18 718. Page 785, line 13: after that line insert:

AB133-SSA1-SA1,191,19 " Section 1618j. 66.293 (3) (av) of the statutes is amended to read:

AB133-SSA1-SA1,192,5 66.293 (3) (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 276a 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 276a. The department may also use data from a project that is subject to this section, s. 103.49 or 103.50 or 40 USC 276a in determining prevailing wage rates under par. (am) or (ar) if the department determines that the wage rate paid on that project is higher than the prevailing wage rate determined for that project.".

AB133-SSA1-SA1,192,6 719. Page 785, line 13: after that line insert:

AB133-SSA1-SA1,192,7 " Section 1617r. 66.184 of the statutes is amended to read:

AB133-SSA1-SA1,192,14 66.184 Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employes on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (13), 632.896, and 767.25 (4m) (d), 767.51 (3m) (d) and 767.62 (4) (b) 4.".

AB133-SSA1-SA1,192,15 720. Page 786, line 18: after that line insert:

AB133-SSA1-SA1,192,16 " Section 1621e. 66.307 (2) (a) of the statutes is amended to read:

AB133-SSA1-SA1,192,22 66.307 (2) (a) The governing body of a political subdivision, by a two-thirds vote of the members of the governing body who are present when the vote is taken, may enact an ordinance or adopt a resolution declaring itself to be a premier resort area if, except as provided in par. (e), at least 40% of the equalized assessed value of the taxable property within such political subdivision is used by tourism-related retailers.

AB133-SSA1-SA1, s. 1621f Section 1621f. 66.307 (2) (e) of the statutes is created to read:

AB133-SSA1-SA1,193,2 66.307 (2) (e) 1. The legislature finds the following with respect to the city of Eagle River:

AB133-SSA1-SA1,193,3 a. It is extremely close to the 40% threshold described in par. (a).

AB133-SSA1-SA1,193,5 b. It has an atypical percentage of tax-exempt land within its boundaries that is used for tourism-related purposes.

AB133-SSA1-SA1,193,7 c. It is the site of national recreational competitions that draw tourism business to the entire northern region of this state.

AB133-SSA1-SA1,193,11 2. The city of Eagle River may enact an ordinance or adopt a resolution declaring itself to be a premier resort area under par. (a) even if less than 40% of the equalized assessed value of the taxable property within Eagle River is used by tourism-related retailers.".

AB133-SSA1-SA1,193,12 721. Page 788, line 24: after that line insert:

AB133-SSA1-SA1,193,13 " Section 1630ce. 66.431 (5c) of the statutes is created to read:

AB133-SSA1-SA1,193,14 66.431 (5c) Minority contracting provisions. (a) In this subsection:

AB133-SSA1-SA1,193,15 1. "Minority business" has the meaning given in s. 560.036 (1) (e).

AB133-SSA1-SA1,193,16 2. "Minority group member" has the meaning given in s. 560.036 (1) (f).

AB133-SSA1-SA1,193,24 (b) With regard to a neighborhood school construction project that is financed from the proceeds of bonds that are described in sub. (5) (a) 4. d., the board of directors of the school district operating under ch. 119 shall ensure that, for construction work and professional services contracts, a person who is awarded such a contract by the board shall agree, as a condition to receiving the contract, that at least 50% of the employes hired because of the contract will be minority group members if the contract is for the construction of any part of a neighborhood school construction project.

AB133-SSA1-SA1,194,5 (c) With regard to a neighborhood school construction project that is financed from the proceeds of bonds that are described in sub. (5) (a) 4. d., the board of directors of the school district operating under ch. 119 shall ensure that at least 50% of the aggregate dollar value of contracts awarded by the board shall be awarded to minority businesses in the following areas:

AB133-SSA1-SA1,194,6 1. Contracts for the construction of a neighborhood school project.

AB133-SSA1-SA1,194,8 2. Contracts for professional services related to the construction of a neighborhood school project.".

AB133-SSA1-SA1,194,10 722. Page 800, line 13: delete the material beginning with that line and ending with page 806, line 9.

AB133-SSA1-SA1,194,11 723. Page 806, line 20: after that line insert:

AB133-SSA1-SA1,194,12 " Section 1638s. 66.77 (2) of the statutes is amended to read:

AB133-SSA1-SA1,194,15 66.77 (2) Limit. Except as provided in sub. subs. (3) and (3m), no county may impose an operating levy at an operating levy rate that exceeds .001 or the operating levy rate in 1992, whichever is greater.

AB133-SSA1-SA1, s. 1638u Section 1638u. 66.77 (3m) of the statutes is created to read:

AB133-SSA1-SA1,194,20 66.77 (3m) Exception. Notwithstanding sub. (1) (d), "operating levy" in a county that was created in 1853 that borders the St. Croix and Mississippi rivers means the county purpose levy, less the debt levy, less any expenditures for the operation and maintenance of jails and other correctional facilities.".

AB133-SSA1-SA1,194,21 724. Page 806, line 20: after that line insert:

AB133-SSA1-SA1,194,22 " Section 1642m. 66.904 (2) (a) of the statutes is amended to read:

AB133-SSA1-SA1,195,8 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 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-SSA1-SA1, s. 1642n Section 1642n. 66.904 (2) (am) of the statutes is created to read:

AB133-SSA1-SA1,195,14 66.904 (2) (am) Any contract for public construction under sub. (1), the estimated cost of which exceeds $3,000,000, may be let using the design-build construction process, as defined in s. 59.52 (29) (c) 1. Section 59.52 (29) (d), (e) and (f), as it applies to counties with a population of at least 500,000, applies to the district.

AB133-SSA1-SA1, s. 1642p Section 1642p. 66.904 (2) (e) of the statutes is amended to read:

AB133-SSA1-SA1,195,17 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-SSA1-SA1,195,18 725. Page 809, line 1: delete lines 1 to 13.

AB133-SSA1-SA1,195,20 726. Page 809, line 24: delete the material beginning with that line and ending with page 810, line 3.

AB133-SSA1-SA1,195,21 727. Page 811, line 18: after that line insert:

AB133-SSA1-SA1,195,22 " Section 1653b. 70.11 (39) of the statutes is amended to read:

AB133-SSA1-SA1,196,9 70.11 (39) Computers. If the owner of the property fulfills the requirements under s. 70.35, mainframe computers, minicomputers, personal computers, networked personal computers, servers, terminals, monitors, disk drives, electronic peripheral equipment, tape drives, printers, basic operational programs, systems software, prewritten software and custom software. The exemption under this subsection does not apply to fax machines, copiers, equipment with embedded computerized components or telephone systems, including equipment that is used to provide telecommunications services, as defined in s. 76.80 (3). This subsection does not apply to automatic teller machines. Notwithstanding 1997 Wisconsin Act 237, section 9442 (2), this subsection does not apply to property tax assessments before January 1, 2002.".

AB133-SSA1-SA1,196,10 728. Page 812, line 2: after that line insert: