SB59,769
22Section
769. 62.53 of the statutes is repealed.
SB59,770
23Section
770. 63.23 (1) of the statutes is amended to read:
SB59,565,624
63.23
(1) The city service commission shall classify all offices and positions in
25the city service, excepting those subject to the exemptions of s. 63.27
and those
1subject to an exclusion under s. 119.33 (2) (e) 1. or 119.9002 (5) (a), according to the
2duties and responsibilities of each position. Classification shall be so arranged that
3all positions
which that in the judgment of the commission are substantially the
4same with respect to authority, responsibility
, and character of work are included in
5the same class. From time to time the commission may reclassify positions upon a
6proper showing that the position belongs to a different class.
SB59,771
7Section 771
. 66.0107 (1) (bm) of the statutes is amended to read:
SB59,565,198
66.0107
(1) (bm) Enact and enforce an ordinance to prohibit the possession of
9more than 25 grams of marijuana, as defined in s. 961.01 (14), subject to the
10exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture for a violation of the
11ordinance
; except that if. Any ordinance enacted under this paragraph shall provide
12a person who is prosecuted under it with the defenses that the person has under s.
13961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or (3g) (e). If a complaint
14is issued
regarding an allegation of alleging possession of more than 25 grams
of
15marijuana, or possession of any amount of marijuana following a conviction in this
16state for possession of
more than 25 grams of marijuana, the subject of the complaint
17may not be prosecuted under this paragraph for the same action that is the subject
18of the complaint unless the charges are dismissed or the district attorney declines
19to prosecute the case.
SB59,772
20Section
772. 66.0107 (1) (bp) of the statutes is amended to read:
SB59,566,321
66.0107
(1) (bp) Enact and enforce an ordinance to prohibit conduct that is the
22same as that prohibited by s. 961.573 (1) or (2), 961.574 (1) or (2), or 961.575 (1) or
23(2) and provide a forfeiture for violation of the ordinance.
Any ordinance enacted
24under this paragraph shall provide a person prosecuted under it with the defenses
25that the person has under s. 961.5755 to prosecutions under s. 961.573 (1), 961.574
1(1), or 961.575 (1). A person may not be prosecuted under an ordinance enacted
2under this paragraph if, under s. 968.072 (3) or (4) (b), the person would not be subject
3to prosecution under s. 961.573 (1), 961.574 (1), or 961.575 (1).
SB59,773
4Section 773
. 66.0129 (5) of the statutes is amended to read:
SB59,566,95
66.0129
(5) Bids for construction. The nonprofit corporation shall let all
6contracts exceeding $1,000 for the construction, maintenance or repair of hospital
7facilities to the lowest responsible bidder after advertising for bids by the publication
8of a class 2 notice under ch. 985.
Section Sections 66.0901
applies and 66.0903 apply 9to bids and contracts under this subsection.
SB59,774
10Section
774. 66.0134 of the statutes is repealed.
SB59,775
11Section
775. 66.0137 (4) of the statutes is amended to read:
SB59,566,1812
66.0137
(4) Self-insured health plans. If a city, including a 1st class city, or
13a village provides health care benefits under its home rule power, or if a town
14provides health care benefits, to its officers and employees on a self-insured basis,
15the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
16632.728, 632.746
(1) and (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853,
17632.855, 632.867, 632.87 (4) to (6), 632.885, 632.89, 632.895
(9) (8) to (17), 632.896,
18and 767.513 (4).
SB59,776
19Section
776. 66.0301 (1) (a) of the statutes is amended to read:
SB59,567,1120
66.0301
(1) (a) Except as provided in pars. (b) and (c), in this section
, 21“municipality" means the state or any department or agency thereof, or any city,
22village, town, county, or school district,
the opportunity schools and partnership
23programs under subch. IX of ch. 115 and subch. II of ch. 119, the superintendent of
24schools opportunity schools and partnership program under s. 119.33, or any public
25library system, public inland lake protection and rehabilitation district, sanitary
1district, farm drainage district, metropolitan sewerage district, sewer utility district,
2solid waste management system created under s. 59.70 (2), local exposition district
3created under subch. II of ch. 229, local professional baseball park district created
4under subch. III of ch. 229, local professional football stadium district created under
5subch. IV of ch. 229, local cultural arts district created under subch. V of ch. 229,
6long-term care district under s. 46.2895, water utility district, mosquito control
7district, municipal electric company, county or city transit commission, commission
8created by contract under this section, taxation district, regional planning
9commission, housing authority created under s. 66.1201, redevelopment authority
10created under s. 66.1333, community development authority created under s.
1166.1335, or city-county health department.
SB59,777
12Section
777. 66.0408 (2) (d) of the statutes is repealed.
SB59,778
13Section 778
. 66.0414 of the statutes is created to read:
SB59,567,16
1466.0414 Cultivation of tetrahydrocannabinols. No village, town, city, or
15county may enact or enforce an ordinance or a resolution that prohibits cultivating
16tetrahydrocannabinols or cannabis if the cultivation is by one of the following:
SB59,567,17
17(1) A dispensary, as defined in s. 94.57 (1) (a).
SB59,567,20
18(2) A person who is cultivating tetrahydrocannabinols for medication with
19tetrahydrocannabinols, as defined in s. 146.44 (1) (c), if the amount of cannabis does
20not exceed the maximum authorized amount, as defined in s. 961.01 (14c).
SB59,567,22
21(3) An entity that is cultivating cannabis for distribution as permitted under
22policies determined under s. 94.57 (2) and rules promulgated under s. 94.57 (9).
SB59,779
23Section 779
. 66.0422 (1) (e) of the statutes is created to read:
SB59,568,3
166.0422
(1) (e) “Underserved area" means an area of this state in which
2households or businesses lack access to broadband service of at least 25 megabits per
3second download speed and 3 megabits per second upload speed.
SB59,780
4Section 780
. 66.0422 (1) (f) of the statutes is created to read:
SB59,568,75
66.0422
(1) (f) “Unserved area” means an area of this state in which households
6or businesses lack access to broadband service of at least 10 megabits per second
7download speed and one megabit per second upload speed.
SB59,781
8Section 781
. 66.0422 (2) (c) of the statutes is amended to read:
SB59,568,189
66.0422
(2) (c) No less than 30 days before the public hearing, the local
10government prepares and makes available for public inspection a report estimating
11the total costs of, and revenues derived from, constructing, owning, or operating the
12facility and including a cost-benefit analysis of the facility for a period of at least 3
13years.
The If the facility is other than a broadband facility that is intended to serve
14an underserved or unserved area, the costs that are subject to this paragraph include
15personnel costs and costs of acquiring, installing, maintaining, repairing, or
16operating any plant or equipment, and include an appropriate allocated portion of
17costs of personnel, plant, or equipment that are used to provide jointly both
18telecommunications services and other services.
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.