SB70: Bill Text

SB70,1188 Section 1188. 66.0422 (3m) (c) of the statutes is amended to read:

SB70,773,9 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 unserved area.

SB70,1189 Section 1189. 66.0435 (3) (g) of the statutes is amended to read:

SB70,773,13 66.0435 (3) (g) Failure to timely pay the tax prescribed in this subsection shall be treated as a default in payment of personal property tax and is subject to all procedures and penalties applicable under chs. 70 and 74.

SB70,1190 Section 1190. 66.0441 of the statutes is created to read:

SB70,773,15 66.0441 Quarry hours of operation. (1) In this section:

SB70,773,16 (a) “Political subdivision” means a city, village, town, or county.

SB70,773,19 (b) “Public works project” means a federal, state, county, or municipal project that involves the construction, maintenance, or repair of a public transportation facility or other public infrastructure and in which nonmetallic minerals are used.

SB70,773,23 (c) “Quarry” means the surface area from which nonmetallic minerals, including soil, clay, sand, gravel, and construction aggregate, that are used for a public works project or a private construction or transportation project are extracted and processed.

SB70,774,3 (d) “Quarry operations” means the extraction and processing of minerals at a quarry and all related activities, including blasting, vehicle and equipment access to the quarry, and loading and hauling of material to and from the quarry.

SB70,774,7 (2) A political subdivision may not limit the times that quarry operations may occur if the materials produced by the quarry will be used in a public works project that requires construction work to be performed during the night or an emergency repair.

SB70,1191 Section 1191 . 66.0501 (1) of the statutes is renumbered 66.0501 (1) (a) and amended to read:

SB70,774,13 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.

SB70,1192 Section 1192 . 66.0501 (1) (b) of the statutes is created to read:

SB70,774,19 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.

SB70,1193 Section 1193. 66.0509 (1m) (c) 1. of the statutes is amended to read:

SB70,774,22 66.0509 (1m) (c) 1. A grievance procedure that addresses employee terminations, employee discipline, and workplace safety.

SB70,1194 Section 1194. 66.0509 (1m) (c) 2. of the statutes is repealed and recreated to read:

SB70,775,2 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.

SB70,1195 Section 1195. 66.0509 (1m) (c) 3. of the statutes is repealed.

SB70,1196 Section 1196. 66.0509 (1m) (d) 2. of the statutes is amended to read:

SB70,775,6 66.0509 (1m) (d) 2. A hearing before an impartial hearing officer from the employment relations commission.

SB70,1197 Section 1197. 66.0509 (1m) (d) 4. and 5. of the statutes are created to read:

SB70,775,9 66.0509 (1m) (d) 4. A provision indicating that the grievant shall be entitled to representation throughout the grievance process.

SB70,775,12 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.

SB70,1198 Section 1198. 66.0602 (1) (ak) of the statutes is amended to read:

SB70,775,19 66.0602 (1) (ak) “Joint emergency medical services district” service” means a joint emergency medical services district service organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2) through the formation of a joint emergency services district, joint ownership, joint purchase of services from a nonprofit corporation, or joint contracting with a public or private emergency services provider.

SB70,1199 Section 1199. 66.0602 (1) (am) of the statutes is amended to read:

SB70,776,2 66.0602 (1) (am) “Joint fire department” service” means a joint fire department organized under s. 61.65 (2) (a) 3. or 62.13 (2m), or a joint fire department service organized by any combination of 2 or more cities, villages, or towns under s. 66.0301 (2) through the formation of a joint fire service district, joint ownership, joint purchase of services from a nonprofit corporation, or joint contracting with a public or private fire service provider.

SB70,1200 Section 1200. 66.0602 (1) (d) of the statutes is amended to read:

SB70,776,7 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.

SB70,1201 Section 1201. 66.0602 (2m) (b) of the statutes is repealed.

SB70,1202 Section 1202 . 66.0602 (2m) (c) of the statutes is created to read:

SB70,776,11 66.0602 (2m) (c) Rental inspection fees charged by a political subdivision are not subject to a deduction from the political subdivision's levy.

SB70,1203 Section 1203. 66.0602 (3) (a) of the statutes is repealed.

SB70,1204 Section 1204. 66.0602 (3) (e) 10. of the statutes is created to read:

SB70,776,16 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).

SB70,1205 Section 1205. 66.0602 (3) (f) 3. (intro.) of the statutes is renumbered 66.0602 (3) (f) 3. and amended to read:

SB70,776,21 66.0602 (3) (f) 3. The adjustment described in subd. 1. may occur only if the political subdivision's governing body approves of the adjustment by one of the following methods: a majority vote of the governing body.

SB70,1206 Section 1206. 66.0602 (3) (f) 3. a. to c. of the statutes are repealed.

SB70,1207 Section 1207. 66.0602 (3) (fm) 3. of the statutes is amended to read:

SB70,777,4 66.0602 (3) (fm) 3. The adjustment described in subd. 1. may occur only if the political subdivision's governing body approves of the adjustment by a two-thirds majority vote of the governing body and if the political subdivision's level of outstanding general obligation debt in the current year is less than or equal to the political subdivision's level of outstanding general obligation debt in the previous year.

SB70,1208 Section 1208. 66.0602 (3) (h) 1. of the statutes is amended to read:

SB70,777,11 66.0602 (3) (h) 1. Subject to subd. 2., the limit otherwise applicable under this section does not apply to the amount that a city, village, or town levies in that year to pay for charges assessed by a joint fire department service or a joint emergency medical services district service, but only to the extent that the amount levied to pay for such charges would cause the city, village, or town to exceed the limit that is otherwise applicable under this section.

SB70,1209 Section 1209. 66.0602 (3) (h) 2. a. of the statutes is amended to read:

SB70,777,20 66.0602 (3) (h) 2. a. The total charges assessed by the joint fire department service or the joint emergency medical services district service for the current year increase, relative to the total charges assessed by the joint fire department service or the joint emergency medical services district service for the previous year, by a percentage that is less than or equal to the percentage change in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on August 31 of the year of the levy, plus 2 percent.

SB70,1210 Section 1210. 66.0602 (3) (h) 2. b. of the statutes is amended to read:

SB70,777,25 66.0602 (3) (h) 2. b. The governing body of each city, village, and town that is served by the joint fire department service or the joint emergency medical services district service adopts a resolution in favor of exceeding the limit as described in subd. 1.

SB70,1211 Section 1211. 66.0602 (3) (h) 3. of the statutes is created to read:

SB70,778,4 66.0602 (3) (h) 3. Charges assessed by a joint fire service or joint emergency medical service under this paragraph include all fees charged to a city, village, or town by the the joint fire service or joint emergency medical service.

SB70,1212 Section 1212 . 66.0602 (3) (p) of the statutes is created to read:

SB70,778,13 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.

SB70,778,15 2. A political subdivision may not use the exception under this paragraph unless all of the following apply:

SB70,778,19 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.

SB70,778,25 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.

SB70,1213 Section 1213. 66.0603 (1m) (a) (intro.) of the statutes is amended to read:

SB70,779,6 66.0603 (1m) (a) (intro.) A county, city, village, town, school district, drainage district, technical college district or other governing board, other than a local professional baseball park district board created under subch. III of ch. 229 or a local professional football stadium district board created under subch. IV of ch. 229, may invest any of its funds not immediately needed in any of the following:

SB70,1214 Section 1214 . 66.0617 (7) of the statutes is amended to read:

SB70,779,15 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.

SB70,1215 Section 1215 . 66.0621 (1) (b) of the statutes is amended to read:

SB70,780,2 66.0621 (1) (b) “Public utility" means any revenue producing facility or enterprise owned by a municipality and operated for a public purpose as defined in s. 67.04 (1) (b) including garbage incinerators, toll bridges, swimming pools, tennis courts, parks, playgrounds, golf links, bathing beaches, bathhouses, street lighting, city halls, village halls, town halls, courthouses, jails, schools, cooperative educational service agencies, hospitals, homes for the aged or indigent, child care centers, regional projects, waste collection and disposal operations, sewerage systems, local professional baseball park facilities , as defined in s. 229.65 (1s), local professional football stadium facilities, local cultural arts facilities, and any other necessary public works projects undertaken by a municipality.

SB70,1216 Section 1216. 66.0901 (1) (ae) of the statutes is repealed.

SB70,1217 Section 1217. 66.0901 (1) (am) of the statutes is repealed.

SB70,1218 Section 1218. 66.0901 (6) of the statutes is amended to read:

SB70,780,16 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.

SB70,1219 Section 1219. 66.0901 (6m) of the statutes is repealed.

SB70,1220 Section 1220. 66.0901 (6s) of the statutes is repealed.

SB70,1221 Section 1221 . 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the statutes are created to read:

SB70,781,4 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.

SB70,781,5 (am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).

SB70,781,6 (b) “Department" means the department of workforce development.

SB70,781,7 (cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).

SB70,781,15 (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.

SB70,781,17 (em) “Multiple-trade project of public works" has the meaning given in s. 103.49 (1) (br).

SB70,781,19 (hm) “Single-trade project of public works" has the meaning given in s. 103.49 (1) (em).

SB70,781,21 (im) “Supply and installation contract" has the meaning given in s. 103.49 (1) (fm).

SB70,1222 Section 1222 . 66.0903 (1) (c) of the statutes is amended to read:

SB70,781,24 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856 103.49 (1) (b), 2015 stats.

SB70,1223 Section 1223 . 66.0903 (1) (f) of the statutes is amended to read:

SB70,782,2 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856 103.49 (1) (e), 2015 stats. (c).

SB70,1224 Section 1224 . 66.0903 (1) (g) of the statutes is repealed and recreated to read:

SB70,782,5 66.0903 (1) (g) “Prevailing wage rate" has the meaning given in s. 103.49 (1) (d).

SB70,1225 Section 1225 . 66.0903 (1) (j) of the statutes is amended to read:

SB70,782,8 66.0903 (1) (j) “Truck driver" includes an owner-operator of a truck has the meaning given in s. 103.49 (1) (g).

SB70,1226 Section 1226 . 66.0903 (1m) (b) of the statutes is amended to read:

SB70,782,24 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.

SB70,1227 Section 1227 . 66.0903 (2) to (12) of the statutes are created to read:

SB70,783,3 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project of public works erected, constructed, repaired, remodeled, or demolished for a local governmental unit, including all of the following:

SB70,783,4 (a) A highway, street, bridge, building, or other infrastructure project.