AB43: Bill Text

AB43,1194 Section 1194. 66.0509 (1m) (c) 2. of the statutes is repealed and recreated to read:

AB43,,2845 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.

AB43,1195 Section 1195. 66.0509 (1m) (c) 3. of the statutes is repealed.

AB43,1196 Section 1196. 66.0509 (1m) (d) 2. of the statutes is amended to read:

AB43,,2848 66.0509 (1m) (d) 2. A hearing before an impartial hearing officer from the employment relations commission.

AB43,1197 Section 1197. 66.0509 (1m) (d) 4. and 5. of the statutes are created to read:

AB43,,2850 66.0509 (1m) (d) 4. A provision indicating that the grievant shall be entitled to representation throughout the grievance process.

AB43,,2851 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.

AB43,1198 Section 1198. 66.0602 (1) (ak) of the statutes is amended to read:

AB43,,2853 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.

AB43,1199 Section 1199. 66.0602 (1) (am) of the statutes is amended to read:

AB43,,2855 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.

AB43,1200 Section 1200. 66.0602 (1) (d) of the statutes is amended to read:

AB43,,2857 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.

AB43,1201 Section 1201. 66.0602 (2m) (b) of the statutes is repealed.

AB43,1202 Section 1202. 66.0602 (2m) (c) of the statutes is created to read:

AB43,,2860 66.0602 (2m) (c) Rental inspection fees charged by a political subdivision are not subject to a deduction from the political subdivision’s levy.

AB43,1203 Section 1203. 66.0602 (3) (a) of the statutes is repealed.

AB43,1204 Section 1204. 66.0602 (3) (e) 10. of the statutes is created to read:

AB43,,2863 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).

AB43,1205 Section 1205. 66.0602 (3) (f) 3. (intro.) of the statutes is renumbered 66.0602 (3) (f) 3. and amended to read:

AB43,,2865 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.

AB43,1206 Section 1206. 66.0602 (3) (f) 3. a. to c. of the statutes are repealed.

AB43,1207 Section 1207. 66.0602 (3) (fm) 3. of the statutes is amended to read:

AB43,,2868 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.

AB43,1208 Section 1208. 66.0602 (3) (h) 1. of the statutes is amended to read:

AB43,,2870 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.

AB43,1209 Section 1209. 66.0602 (3) (h) 2. a. of the statutes is amended to read:

AB43,,2872 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.

AB43,1210 Section 1210. 66.0602 (3) (h) 2. b. of the statutes is amended to read:

AB43,,2874 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.

AB43,1211 Section 1211. 66.0602 (3) (h) 3. of the statutes is created to read:

AB43,,2876 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.

AB43,1212 Section 1212. 66.0602 (3) (p) of the statutes is created to read:

AB43,,2878 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.

AB43,,2879 2. A political subdivision may not use the exception under this paragraph unless all of the following apply:

AB43,,2880 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.

AB43,,2881 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.

AB43,1213 Section 1213. 66.0603 (1m) (a) (intro.) of the statutes is amended to read:

AB43,,2883 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:

AB43,1214 Section 1214. 66.0617 (7) of the statutes is amended to read:

AB43,,2885 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.

AB43,1215 Section 1215. 66.0621 (1) (b) of the statutes is amended to read:

AB43,,2887 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.

AB43,1216 Section 1216. 66.0901 (1) (ae) of the statutes is repealed.

AB43,1217 Section 1217. 66.0901 (1) (am) of the statutes is repealed.

AB43,1218 Section 1218. 66.0901 (6) of the statutes is amended to read:

AB43,,2891 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.

AB43,1219 Section 1219. 66.0901 (6m) of the statutes is repealed.

AB43,1220 Section 1220. 66.0901 (6s) of the statutes is repealed.

AB43,1221 Section 1221. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the statutes are created to read:

AB43,,2895 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.

AB43,,2896 (am) “Bona fide economic benefit” has the meaning given in s. 103.49 (1) (am).

AB43,,2897 (b) “Department” means the department of workforce development.

AB43,,2898 (cm) “Insufficient wage data” has the meaning given in s. 103.49 (1) (bg).

AB43,,2899 (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.

AB43,,2900 (em) “Multiple-trade project of public works” has the meaning given in s. 103.49 (1) (br).

AB43,,2901 (hm) “Single-trade project of public works” has the meaning given in s. 103.49 (1) (em).

AB43,,2902 (im) “Supply and installation contract” has the meaning given in s. 103.49 (1) (fm).

AB43,1222 Section 1222. 66.0903 (1) (c) of the statutes is amended to read:

AB43,,2904 66.0903 (1) (c) “Hourly basic rate of pay” has the meaning given in s. 16.856 103.49 (1) (b), 2015 stats.

AB43,1223 Section 1223. 66.0903 (1) (f) of the statutes is amended to read:

AB43,,2906 66.0903 (1) (f) “Prevailing hours of labor” has the meaning given in s. 16.856 103.49 (1) (e), 2015 stats. (c).

AB43,1224 Section 1224. 66.0903 (1) (g) of the statutes is repealed and recreated to read:

AB43,,2908 66.0903 (1) (g) “Prevailing wage rate” has the meaning given in s. 103.49 (1) (d).

AB43,1225 Section 1225. 66.0903 (1) (j) of the statutes is amended to read:

AB43,,2910 66.0903 (1) (j) “Truck driver” includes an owner-operator of a truck has the meaning given in s. 103.49 (1) (g).

AB43,1226 Section 1226. 66.0903 (1m) (b) of the statutes is amended to read:

AB43,,2912 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.

AB43,1227 Section 1227. 66.0903 (2) to (12) of the statutes are created to read:

AB43,,2914 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:

AB43,,2915 (a) A highway, street, bridge, building, or other infrastructure project.

AB43,,2916 (b) A project erected, constructed, repaired, remodeled, or demolished by one local governmental unit for another local governmental unit under a contract under s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically authorizing cooperation between local governmental units.

AB43,,2917 (c) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu of the local governmental unit contracting for the erection, construction, repair, remodeling, or demolition of the facility.

AB43,,2918 (d) A road, street, bridge, sanitary sewer, or water main project in which the completed road, street, bridge, sanitary sewer, or water main is acquired by, or dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership or maintenance by the local governmental unit.

AB43,,2919 (3) Prevailing wage rates and hours of labor. (am) A local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract for the erection, construction, remodeling, repairing, or demolition of any project of public works, shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work contemplated. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects of public works that are subject to this section and to inform itself of the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting local governmental unit.

AB43,,2920 (ar) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a project of public works extends into more than one area, the department shall determine only one standard of prevailing wage rates for the entire project.

AB43,,2921 (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 3142 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 3142. In determining prevailing wage rates under par. (am) or (ar), the department may not use data from any construction work that is performed by a local governmental unit or a state agency.

AB43,,2922 (bm) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by individuals working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

AB43,,2923 (br) In addition to the recalculation under par. (bm), the local governmental unit that requested the determination under this subsection may request a review of any portion of a determination within 30 days after the date of issuance of the determination if the local governmental unit submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the determination does not represent the prevailing wage rate for that trade or occupation in the city, village, or town in which the proposed project of public works is located. That evidence shall include wage rate information for the contested trade or occupation on at least 3 similar projects located in the city, village, or town where the proposed project of public works is located and on which some work has been performed during the current survey period and which were considered by the department in issuing its most recent compilation under par. (ar). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review.

AB43,,2924 (dm) A local governmental unit that is subject to this section shall include a reference to the prevailing wage rates determined by the department and to the prevailing hours of labor in the notice published for the purpose of securing bids for the project of public works. Except as otherwise provided in this paragraph, if any contract or subcontract for a project of public works is entered into, the prevailing wage rates determined by the department and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract. For a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force.

AB43,,2925 (e) No contractor, subcontractor, or contractor’s or subcontractor’s agent that is subject to this section may do any of the following:

AB43,,2926 1. Pay an individual performing the work described in sub. (4) less than the prevailing wage rate in the same or most similar trade or occupation determined under this subsection.

AB43,,2927 2. Allow an individual performing the work described in sub. (4) to work a greater number of hours per day or per week than the prevailing hours of labor, unless the contractor, subcontractor, or contractor’s or subcontractor’s agent pays the individual for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times the individual’s hourly basic rate of pay.

AB43,,2928 (4) Covered employees. (a) Subject to par. (b), any person subject to this section shall pay all of the following employees the prevailing wage rate determined under sub. (3) and may not allow such employees to work a greater number of hours per day or per week than the prevailing hours of labor, unless the person pays the employee for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times the employee’s hourly basic rate of pay:

AB43,,2929 1. All laborers, workers, mechanics, and truck drivers employed on the site of a project of public works that is subject to this section.

AB43,,2930 2. All laborers, workers, mechanics, and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of a project of public works that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project of public works that is subject to this section by a contractor, subcontractor, agent, or other person performing any work on the site of the project.

AB43,,2931 (b) A laborer, worker, mechanic, or truck driver who is employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project of public works that is subject to this section is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies:

AB43,,2932 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material directly in final place, from the transporting vehicle or through spreaders from the transporting vehicle.