SB111: Bill Text

SB111,793,12 66.0422 (3d) (intro.) Subsection (2) does not apply to a facility for providing broadband service to an area within the boundaries of a local government if the local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area and, if the area is not an underserved or unserved area, whether the person intends to provide broadband service to the area within 9 months, or, if the area is an underserved or unserved area, whether the person actively plans to provide broadband service to the area within 3 months and any of the following are satisfied:

SB111,1142 Section 1142. 66.0422 (3d) (a) of the statutes is amended to read:

SB111,793,21 66.0422 (3d) (a) The local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area or intends to provide broadband service within 9 months to the area and within 60 days after receiving the written request no person responds in writing to the The local government does not receive a response in writing that the a person currently provides broadband service to the area or intends or actively plans to provide broadband service to the area within 9 months the relevant time period.

SB111,1143 Section 1143. 66.0422 (3d) (b) of the statutes is amended to read:

SB111,794,2 66.0422 (3d) (b) The local government determines that a person who responded to a written request under par. (a) that the person currently provides broadband service to the area did not actually provide broadband service to the area and no other person makes the response responds to the local government described in par. (a).

SB111,1144 Section 1144. 66.0422 (3d) (c) of the statutes is amended to read:

SB111,794,9 66.0422 (3d) (c) The local government determines that a person who responded to a written request under par. (a) that the person intended or actively planned to provide broadband service to the area within 9 months the relevant time period did not actually provide broadband service to the area within 9 months the relevant time period and no other person makes the response responds to the local government described in par. (a).

SB111,1145 Section 1145 . 66.0422 (3m) (b) of the statutes is amended to read:

SB111,794,13 66.0422 (3m) (b) The municipality itself does not use the facility to provide broadband service to end users. This paragraph does not apply to a facility that is intended to serve an underserved or unserved area.

SB111,1146 Section 1146 . 66.0422 (3m) (c) of the statutes is amended to read:

SB111,794,19 66.0422 (3m) (c) The municipality determines that, at the time that the municipality authorizes the construction, ownership, or operation of the facility, whichever occurs first, the facility does not compete with more than one provider of broadband service. This paragraph does not apply to a facility that is intended to serve an underserved or unserved area.

SB111,1147 Section 1147 . 66.0501 (1) of the statutes is renumbered 66.0501 (1) (a) and amended to read:

SB111,794,25 66.0501 (1) (a) No Except as provided in par. (b), no person may be appointed deputy sheriff of any county or police officer for any city, village , or town unless that person is a citizen of the United States. This section does not apply to common carriers or to a deputy sheriff not required to take an oath of office.

SB111,1148 Section 1148. 66.0501 (1) (b) of the statutes is created to read:

SB111,795,6 66.0501 (1) (b) The sheriff of a county or the appointing authority of a local law enforcement agency that provides police service to a city, village, or town may elect to authorize the appointment of noncitizens who are in receipt of valid employment authorization from the federal department of homeland security as deputy sheriffs for that county or as police officers for that city, village, or town.

SB111,1149 Section 1149. 66.0509 (1m) (c) 1. of the statutes is amended to read:

SB111,795,9 66.0509 (1m) (c) 1. A grievance procedure that addresses employee terminations, employee discipline, and workplace safety.

SB111,1150 Section 1150. 66.0509 (1m) (c) 2. of the statutes is repealed and recreated to read:

SB111,795,13 66.0509 (1m) (c) 2. A just cause standard of review for employee terminations, including a refusal to renew a teaching contract under s. 118.22.

SB111,1151 Section 1151. 66.0509 (1m) (c) 3. of the statutes is repealed.

SB111,1152 Section 1152. 66.0509 (1m) (d) 2. of the statutes is amended to read:

SB111,795,17 66.0509 (1m) (d) 2. A hearing before an impartial hearing officer from the employment relations commission.

SB111,1153 Section 1153. 66.0509 (1m) (d) 4. and 5. of the statutes are created to read:

SB111,795,20 66.0509 (1m) (d) 4. A provision indicating that the grievant shall be entitled to representation throughout the grievance process.

SB111,795,23 5. A provision indicating that the employer shall bear all fees and costs associated with the grievance process, except for the grievant's representational fees and costs.

SB111,1154 Section 1154. 66.0511 (1) of the statutes is renumbered 66.0511 (1) (intro.) and amended to read:

SB111,796,1 66.0511 (1) Definition Definitions. (intro.) In this section, “law:

SB111,796,2 (b) “Law enforcement agency" has the meaning given under s. 165.83 (1) (b).

SB111,1155 Section 1155. 66.0511 (1) (a) of the statutes is created to read:

SB111,796,6 66.0511 (1) (a) “Choke hold” means the intentional and prolonged application of force to the throat or windpipe that prevents or hinders breathing or reduces the intake of air.

SB111,1156 Section 1156. 66.0511 (2) of the statutes is renumbered 66.0511 (2) (intro.) and amended to read:

SB111,796,19 66.0511 (2) Use of force policy. (intro.) Each person in charge of a law enforcement agency shall prepare in writing and make available for public scrutiny a policy or standard regulating the use of force by law enforcement officers in the performance of their duties. The law enforcement agency shall make the policy publicly available on a website maintained by the law enforcement agency or, if the agency does not maintain its own site, on a website maintained by the municipality over which the law enforcement agency has jurisdiction. The law enforcement agency shall provide in its policy the instances in which a use of force must be reported, how to report a use of force, and a requirement that officers who engage in or observe a reportable use of force report it. Each policy or standard shall incorporate the following principles:

SB111,1157 Section 1157. 66.0511 (2) (a), (b), (c), (d), (e) and (f) and (4) of the statutes are created to read:

SB111,796,23 66.0511 (2) (a) That the primary duty of all law enforcement is to preserve the life of all individuals.

SB111,796,24 (b) That deadly force is to be used only as a last resort.

SB111,796,25 (c) That the use of choke holds by law enforcement officers is prohibited.

SB111,797,2 (d) That officers should use skills and tactics, including de-escalation tactics, that minimize the likelihood that force will become necessary.

SB111,797,4 (e) That, if law enforcement officers must use physical force, it should be the least amount of force necessary to safely address the threat.

SB111,797,6 (f) That law enforcement officers shall take reasonable action to stop or prevent any unreasonable use of force by their colleagues.

SB111,797,15 (4) Whistleblower protections. No law enforcement officer may be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against in regard to employment, or threatened with any such treatment, because the law enforcement officer reported, or is believed to have reported, any violation of a policy under sub. (2); initiated, participated in, or testified in, or is believed to have initiated, participated in, or testified in, any action or proceeding regarding a violation of a policy under sub. (2); or provided any information, or is believed to have provided any information, about a violation of a policy under sub. (2).

SB111,1158 Section 1158. 66.0602 (1) (d) of the statutes is amended to read:

SB111,797,20 66.0602 (1) (d) “Valuation factor" means a percentage equal to the greater of either the percentage change in the political subdivision's January 1 equalized value due to new construction less improvements removed between the previous year and the current or zero 2 percent.

SB111,1159 Section 1159. 66.0602 (2m) (a) of the statutes is renumbered 66.0602 (2m).

SB111,1160 Section 1160. 66.0602 (2m) (b) of the statutes is repealed.

SB111,1161 Section 1161. 66.0602 (3) (a) of the statutes is repealed.

SB111,1162 Section 1162. 66.0602 (3) (e) 10. of the statutes is created to read:

SB111,798,3 66.0602 (3) (e) 10. The amount that a political subdivision levies in that year to pay for the political subdivision's share of a regional planning commission's budget as charged by the commission under s. 66.0309 (14) (a) to (c).

SB111,1163 Section 1163 . 66.0602 (3) (p) of the statutes is created to read:

SB111,798,12 66.0602 (3) (p) 1. Subject to subd. 2., the limit otherwise applicable under this section does not apply to the amount that a political subdivision levies in that year for operating and capital costs directly related to the provision of new or enhanced transit services across adjacent county borders or across adjacent municipal borders. For costs to be eligible for the exception under this paragraph, the starting date for the new or enhanced transit services must be on or after the effective date of this subdivision .... [LRB inserts date], and the costs to which the levy applies must be described in the agreement under subd. 2.

SB111,798,14 2. A political subdivision may not use the exception under this paragraph unless all of the following apply:

SB111,798,18 a. The political subdivisions between which the new or enhanced transit routes operate have entered into an intergovernmental cooperation agreement under s. 66.0301 to provide for the new or enhanced transit services. The agreement shall describe the services and the amounts that must be levied to pay for those services.

SB111,798,24 b. The agreement described in subd. 2. a. is approved in a referendum, by the electors in each political subdivision that is a party to the agreement, to be held at the next succeeding spring primary or election or partisan primary or general election to be held not earlier than 70 days after the adoption of the agreement by all of the parties to the agreement. The governing body shall file the resolution to be submitted to the electors as provided in s. 8.37.

SB111,1164 Section 1164. 66.0615 (1m) (a) of the statutes is amended to read:

SB111,799,16 66.0615 (1m) (a) The governing body of a municipality may enact an ordinance, and a district, under par. (e) or (em), may adopt a resolution, imposing a tax on the privilege of furnishing, at retail, except sales for resale, rooms or lodging to transients by hotelkeepers, motel operators, lodging marketplaces, owners of short-term rentals, and other persons furnishing accommodations that are available to the public, irrespective of whether membership is required for use of the accommodations. A tax imposed under this paragraph may be collected from the consumer or user, but may not be imposed on sales to the federal government and persons listed under s. 77.54 (9a). A tax imposed under this paragraph by a municipality shall be paid to the municipality and, with regard to any tax revenue that may not be retained by the municipality, shall be forwarded to a tourism entity or a commission if one is created under par. (c), as provided in par. (d). Except as provided in par. (am), a tax imposed under this paragraph by a municipality may not exceed 8 percent. Except as provided in par. (am), if a tax greater than 8 percent under this paragraph is in effect on May 13, 1994, the municipality imposing the tax shall reduce the tax to 8 percent, effective on June 1, 1994.

SB111,1165 Section 1165 . 66.0615 (1m) (em) of the statutes is created to read:

SB111,799,22 66.0615 (1m) (em) Notwithstanding par. (e), if a district created by the city of Superior adopts a resolution imposing a room tax under par. (a), the amount of the tax may not exceed 2 percent of total room charges, and the city of Superior may also impose and collect a room tax under par. (a) without regard to whether the district imposes a room tax as provided in this paragraph.

SB111,1166 Section 1166 . 66.0617 (7) of the statutes is amended to read:

SB111,800,6 66.0617 (7) Low-cost or workforce housing. An ordinance enacted under this section may provide for an exemption from, or a reduction in the amount of, impact fees on land development that provides low-cost housing , except that no or workforce housing, as defined in s. 66.1105 (2) (n). Under no circumstances may the amount of an impact fee for which an exemption or reduction is provided under this subsection may be shifted to any other development in the land development in which the low-cost housing or workforce housing is located or to any other land development in the municipality.

SB111,1167 Section 1167. 66.0626 (1) (b) of the statutes is amended to read:

SB111,800,9 66.0626 (1) (b) “Failing private on-site wastewater treatment system" has the meaning provided in s. 145.245 (4) 145.01 (4m).

SB111,1168 Section 1168. 66.0823 (3) (b) of the statutes is amended to read:

SB111,800,16 66.0823 (3) (b) Filing requirements. The parties entering into a contract under this subsection shall file a copy of the contract with the secretary of state administration. Upon receipt, the secretary of state administration shall record the contract and issue a certificate of incorporation stating the name of the authority and the date and fact of incorporation. The corporate existence of the authority begins upon issuance of the certificate.

SB111,1169 Section 1169. 66.0825 (4) (b) of the statutes is amended to read:

SB111,800,22 66.0825 (4) (b) Any contract entered into under this section shall be filed with the secretary of state administration. Upon receipt, the secretary shall record the contract and issue a certificate of incorporation stating the name of the company and the date and fact of incorporation. Upon issuance of the certificate, the existence of the company shall begin.

SB111,1170 Section 1170. 66.0901 (1) (ae) of the statutes is repealed.

SB111,1171 Section 1171. 66.0901 (1) (am) of the statutes is repealed.

SB111,1172 Section 1172. 66.0901 (6) of the statutes is amended to read:

SB111,801,11 66.0901 (6) Separation of contracts; classification of contractors. In public contracts for the construction, repair, remodeling or improvement of a public building or structure, other than highway structures and facilities, a municipality may bid projects based on a single or multiple division of the work. Public contracts shall be awarded according to the division of work selected for bidding. Except as provided in sub. (6m), the The municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character and classification of workers to be employed by any contractor, classify contractors as to their financial responsibility, competency and ability to perform work and set up a classified list of contractors. The municipality may reject the bid of any person, if the person has not been classified for the kind or amount of work in the bid.

SB111,1173 Section 1173. 66.0901 (6m) of the statutes is repealed.

SB111,1174 Section 1174. 66.0901 (6s) of the statutes is repealed.

SB111,1175 Section 1175 . 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the statutes are created to read:

SB111,801,24 66.0903 (1) (a) “Area" means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, “area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, “area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, “area" means the entire state or, if the department is requested to review a determination under sub. (3) (br), “area" means the city, village, or town in which a proposed project of public works that is subject to this section is located.

SB111,801,25 (am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).

SB111,802,1 (b) “Department" means the department of workforce development.

SB111,802,2 (cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).

SB111,802,10 (dr) “Minor service or maintenance work" means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years or that is performed for a town and is not funded under s. 86.31, regardless of projected life span; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.

SB111,802,12 (em) “Multiple-trade project of public works" has the meaning given in s. 103.49 (1) (br).

SB111,802,14 (hm) “Single-trade project of public works" has the meaning given in s. 103.49 (1) (em).

SB111,802,16 (im) “Supply and installation contract" has the meaning given in s. 103.49 (1) (fm).

SB111,1176 Section 1176 . 66.0903 (1) (c) of the statutes is amended to read:

SB111,802,19 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856 103.49 (1) (b), 2015 stats.

SB111,1177 Section 1177 . 66.0903 (1) (f) of the statutes is amended to read:

SB111,802,22 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856 103.49 (1) (e), 2015 stats. (c).

SB111,1178 Section 1178 . 66.0903 (1) (g) of the statutes is repealed and recreated to read:

SB111,802,25 66.0903 (1) (g) “Prevailing wage rate" has the meaning given in s. 103.49 (1) (d).

SB111,1179 Section 1179. 66.0903 (1) (j) of the statutes is amended to read:

SB111,803,3 66.0903 (1) (j) “Truck driver" includes an owner-operator of a truck has the meaning given in s. 103.49 (1) (g).

SB111,1180 Section 1180 . 66.0903 (1m) (b) of the statutes is amended to read:

SB111,803,19 66.0903 (1m) (b) The legislature finds that the enactment of ordinances or other enactments by local governmental units requiring laborers, workers, mechanics, and truck drivers employed on projects of public works or on publicly funded private construction projects to be paid the prevailing wage rate and to be paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the prevailing hours of labor would be logically inconsistent with, would defeat the purpose of, and would go against the repeals spirit of this section and the repeal of s. 66.0904, 2009 stats., and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section shall be construed as an enactment of statewide concern for the purposes of facilitating broader participation with respect to bidding on projects of public works, ensuring that wages accurately reflect market conditions, providing local governments with the flexibility to reduce costs on capital projects, and reducing spending at all levels of government in this state purpose of providing uniform prevailing wage rate and prevailing hours of labor requirements throughout the state.