AB40-ASA1, s. 1721u 18Section 1721u. 66.0602 (1) (au) of the statutes is created to read:
AB40-ASA1,658,1919 66.0602 (1) (au) "Municipality" means a city, village, or town.
AB40-ASA1, s. 1722b 20Section 1722b. 66.0602 (1) (d) of the statutes is renumbered 66.0602 (1) (d)
21(intro.) and amended to read:
AB40-ASA1,658,2522 66.0602 (1) (d) (intro.) "Valuation factor" means a percentage equal to the
23greater of either 3 percent or the percentage change in the political subdivision's
24January 1 equalized value due to new construction less improvements removed
25between the previous year and the current year. or one of the following:
AB40-ASA1, s. 1722c
1Section 1722c. 66.0602 (1) (d) 1. of the statutes is created to read:
AB40-ASA1,659,32 66.0602 (1) (d) 1. For the levy that is imposed in December 2011 and December
32012, zero percent.
AB40-ASA1, s. 1722d 4Section 1722d. 66.0602 (1) (d) 2. of the statutes is created to read:
AB40-ASA1,659,65 66.0602 (1) (d) 2. For the levy that is imposed in December 2013 and in every
6succeeding December, 1.5 percent.
AB40-ASA1, s. 1723 7Section 1723. 66.0602 (2) of the statutes is amended to read:
AB40-ASA1,659,158 66.0602 (2) Levy limit. Except as provided in subs. (3), (4), and (5), no political
9subdivision may increase its levy in any year by a percentage that exceeds the
10political subdivision's valuation factor. The base amount in any year, to which the
11limit under this section applies, shall be the maximum allowable actual levy for the
12immediately preceding year. In determining its levy in any year, a city, village, or
13town shall subtract any tax increment that is calculated under s. 59.57 (3) (a), 60.85
14(1) (L), or 66.1105 (2) (i). The base amount in any year, to which the limit under this
15section applies, may not include any amount to which sub. (3) (e) 8. applies.
AB40-ASA1, s. 1724 16Section 1724. 66.0602 (2m) of the statutes is created to read:
AB40-ASA1,659,2517 66.0602 (2m) Negative adjustment. If a political subdivision's levy for the
18payment of any general obligation debt service, including debt service on debt issued
19or reissued to fund or refund outstanding obligations of the political subdivision and
20interest on outstanding obligations of the political subdivision, on debt originally
21issued before July 1, 2005, is less in the current year than it was in the previous year,
22the political subdivision shall reduce its levy limit in the current year by an amount
23equal to the amount that its levy was reduced as described in this subsection. This
24subsection does not apply to any political subdivision that does not increase its levy
25increase limit as allowed under sub. (3) (f) 1.
AB40-ASA1, s. 1724d
1Section 1724d. 66.0602 (3) (cm) of the statutes is repealed.
AB40-ASA1, s. 1724h 2Section 1724h. 66.0602 (3) (e) 9. of the statutes is created to read:
AB40-ASA1,660,43 66.0602 (3) (e) 9. The political subdivision's share of any refund or rescission
4determined by the department of revenue and certified under s. 74.41 (5).
AB40-ASA1, s. 1724k 5Section 1724k. 66.0602 (3) (f) of the statutes is created to read:
AB40-ASA1,660,116 66.0602 (3) (f) 1. Subject to subd. 3., if a political subdivision's allowable levy
7under this section in 2010 was greater than its actual levy in 2010, the levy increase
8limit otherwise applicable under this section to the political subdivision in 2011 is
9increased by the difference between these 2 amounts, as determined by the
10department of revenue, up to a maximum increase of 0.5 percent of the actual levy
11in 2010.
AB40-ASA1,660,1712 2. Subject to subd. 3., if a political subdivision's allowable levy under this
13section in 2011 was greater than its actual levy in 2011, the levy increase limit
14otherwise applicable under this section to the political subdivision in 2012 is
15increased by the difference between these 2 amounts, as determined by the
16department of revenue, up to a maximum increase of 0.5 percent of the actual levy
17in 2011.
AB40-ASA1,660,2018 3. The adjustment described in subds. 1. and 2. may occur only if the political
19subdivision's governing body approves of the adjustment by one of the following
20methods:
AB40-ASA1,660,2221 a. With regard to a city, village, or county, if the governing body consists of at
22least 5 members, by a three-quarters majority vote of the governing body.
AB40-ASA1,660,2423 b. With regard to a city, village, or county, if the governing body consists of fewer
24than 5 members, by a two-thirds majority vote of the governing body.
AB40-ASA1,661,3
1c. With a regard to a town, by a majority vote of the annual town meeting, or
2a special town meeting, if the town board has adopted a resolution approving of the
3adjustment by a two-thirds majority vote of the town board.
AB40-ASA1,661,94 4. If a political subdivision's allowable levy under this section in 2012, or any
5year thereafter, was greater than its actual levy in that year, the levy increase limit
6otherwise applicable under this section to the political subdivision in the next
7succeeding year is increased by the difference between the prior year's allowable levy
8and the prior year's actual levy, as determined by the department of revenue, up to
9a maximum increase of 0.5 percent of the actual levy in that prior year.
AB40-ASA1, s. 1724p 10Section 1724p. 66.0602 (3) (j) of the statutes is created to read:
AB40-ASA1,661,1611 66.0602 (3) (j) 1. Subject to subd. 2., if a municipality experiences a shortfall
12in its general fund due to a loss of revenue received by the municipality from the sale
13of water or another commodity to a manufacturing facility as a result of the
14manufacturer discontinuing operations at the facility, the limit otherwise applicable
15under this section may be increased by the amount that the municipality levies to
16make up for the revenue shortfall.
AB40-ASA1,661,2317 2. The maximum adjustment claimed under subd. 1. shall equal the revenue
18received by the municipality from the sale of water or another commodity, as
19described in subd. 1., in the year prior to the year in which the manufacturing facility
20closed. A municipality may claim the adjustment in more than one year, except that
21the sum of all such adjustments may not exceed the revenue loss to the municipality's
22general fund in the year that the manufacturer discontinues operations at the
23facility.
AB40-ASA1, s. 1725c 24Section 1725c. 66.0602 (7) of the statutes is repealed.
AB40-ASA1, s. 1725m 25Section 1725m. 66.0615 (1m) (d) 7. of the statutes is created to read:
AB40-ASA1,662,5
166.0615 (1m) (d) 7. Notwithstanding the provisions of subds. 1. and 2., any
2amount of room tax revenue that a municipality described under s. 77.994 (3) is
3required to spend on tourism promotion and development shall be forwarded to, and
4spent by, the municipality's tourism entity, unless the municipality creates a
5commission and forwards the revenue to the commission.
AB40-ASA1, s. 1727d 6Section 1727d. 66.0901 (1) (bm) of the statutes is created to read:
AB40-ASA1,662,77 66.0901 (1) (bm) "Political subdivision" means a city, village, town, or county.
AB40-ASA1, s. 1727e 8Section 1727e. 66.0901 (1m) of the statutes is created to read:
AB40-ASA1,662,119 66.0901 (1m) Method of bidding. (a) Except when necessary to secure federal
10aid, whenever a political subdivision lets a public contract by bidding, the political
11subdivision shall comply with all of the following:
AB40-ASA1,662,1212 1. The bidding shall be on the basis of sealed competitive bids.
AB40-ASA1,662,1313 2. The contract shall be awarded to the lowest responsible bidder.
AB40-ASA1,662,1714 (b) Except when necessary to secure federal aid, a political subdivision may not
15use a bidding method that gives preference based on the geographic location of the
16bidder or that uses criteria other than the lowest responsible bidder in awarding a
17contract.
AB40-ASA1, s. 1727i 18Section 1727i. 66.0901 (10) of the statutes is created to read:
AB40-ASA1,662,2219 66.0901 (10) Limitation on performance of public works by political
20subdivisions.
(a) In this subsection, "public construction project" means any public
21construction, public works project, or construction-related services, including road,
22sewer, water, stormwater, wastewater, recycling, or bridge projects.
AB40-ASA1,663,223 (b) 1. Notwithstanding ss. 59.52 (29), 60.47, 61.54, 62.15 (1) and (5), 66.0131,
2466.0301, 83.035, 83.04, and 86.25 and except as provided in subds. 2. and 3., a
25political subdivision may not use its own workforce to perform a highway

1improvement project on a highway under its jurisdiction or a highway under the
2jurisdiction of another political subdivision if any of the following applies:
AB40-ASA1,663,43 a. The project is funded, entirely or in part, with federal funds and construction
4commences after July 1, 2013.
AB40-ASA1,663,75 b. The project is funded, entirely or in part, with state funds, not including
6general transportation aids provided under s. 86.30, and construction commences
7after July 1, 2015.
AB40-ASA1,663,88 c. The project is performed by a county for or with a village or city.
AB40-ASA1,663,99 2. The provisions of subd. 1. do not apply if any of the following applies:
AB40-ASA1,663,1010 a. The estimated cost of the project is less than $100,000.
AB40-ASA1,663,1211 b. The project is in response to a public emergency, as formally declared by the
12chief elected official or governing body of the political subdivision.
AB40-ASA1,663,1413 c. All materials for the project are donated and all of the labor for the project
14is provided by unpaid volunteers.
AB40-ASA1,663,1715 d. The project is funded with local roads improvement program funds under s.
1686.31, performed by a county workforce on a town road, and the criteria and rules
17under s. 86.31 (6) (h) are satisfied.
AB40-ASA1,663,1918 e. The project is performed by a county under an individual project agreement
19approved prior to the effective date of this subd. 2. e. .... [LRB inserts date].
AB40-ASA1,663,2220 3. The provisions of subd. 1. do not apply to that portion of a county highway
21improvement project funded with county trunk highway improvement discretionary
22grant funds under s. 86.31 (3g) that is performed using county funds.
AB40-ASA1,664,223 (c) 1. Notwithstanding ss. 59.52 (29), 60.47, 61.54, 62.15 (1) and (5), 66.0131,
2466.0301, 83.035, 83.04, and 86.25 and except as provided in par. (b) and subd. 2., a

1political subdivision may not use its own workforce to perform a public construction
2project for or with another political subdivision.
AB40-ASA1,664,33 2. The provisions of subd. 1. do not apply if any of the following applies:
AB40-ASA1,664,54 a. The project is in response to a public emergency, as formally declared by the
5chief elected official or governing body of the political subdivision.
AB40-ASA1,664,76 b. All materials for the project are donated and all of the labor for the project
7is provided by unpaid volunteers.
AB40-ASA1,664,98 c. The project is pursuant to a public contract that is subject to the exception
9in s. 60.47 (4).
AB40-ASA1,664,1110 d. The project is performed by a county under an individual project agreement
11approved prior to the effective date of par. (b) 2. e. .... [LRB inserts date].
AB40-ASA1,664,1412 e. The project is funded with local roads improvement program funds under s.
1386.31, performed by a county workforce on a town road, and the criteria and rules
14under s. 86.31 (6) (h) are satisfied.
AB40-ASA1,664,1715 (d) Notwithstanding sub. (6), a political subdivision may not divide a highway
16improvement project or public construction project to avoid the requirements of pars.
17(b) and (c).
AB40-ASA1, s. 1727L 18Section 1727L. 66.0901 (11) of the statutes is created to read:
AB40-ASA1,664,2319 66.0901 (11) Limitation on performance of private construction work by
20political subdivisions.
(a) In this subsection, "construction project" means a road,
21sewer, water, stormwater, wastewater, grading, parking lot, or other
22infrastructure-related project or the provision of construction-related services for
23such a project.
AB40-ASA1,664,2524 (b) A political subdivision may not use its own workforce to perform a
25construction project for which a private person is financially responsible.
AB40-ASA1, s. 1727m
1Section 1727m. 66.0903 (1) (d) of the statutes is amended to read:
AB40-ASA1,665,72 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this
3state, a special purpose district in this state, an instrumentality or corporation of
4such a political subdivision or special purpose district, a combination or subunit of
5any of the foregoing or an instrumentality of the state and any of the foregoing.
6"Local governmental unit" includes a regional transit authority created under s.
766.1039 and the southeastern regional transit authority created under s. 59.58 (7).
AB40-ASA1, s. 1727mb 8Section 1727mb. 66.0903 (1) (dr) of the statutes is amended to read:
AB40-ASA1,665,169 66.0903 (1) (dr) "Minor service or maintenance work" means a project of public
10works that is limited to minor crack filling, chip or slurry sealing, or other minor
11pavement patching, not including overlays, that has a projected life span of no longer
12than 5 years or that is performed for a town and is not funded under s. 86.31,
13regardless of projected life span
; the depositing of gravel on an existing gravel road
14applied solely to maintain the road; road shoulder maintenance; cleaning of drainage
15or sewer ditches or structures; or any other limited, minor work on public facilities
16or equipment that is routinely performed to prevent breakdown or deterioration.
AB40-ASA1, s. 1727mc 17Section 1727mc. 66.0903 (1) (em) of the statutes is created to read:
AB40-ASA1,665,1918 66.0903 (1) (em) "Multiple-trade project of public works" has the meaning
19given in s. 103.49 (1) (br).
AB40-ASA1, s. 1727md 20Section 1727md. 66.0903 (1) (hm) of the statutes is created to read:
AB40-ASA1,665,2221 66.0903 (1) (hm) "Single-trade project of public works" has the meaning given
22in s. 103.49 (1) (em).
AB40-ASA1, s. 1727me 23Section 1727me. 66.0903 (1m) of the statutes is created to read:
AB40-ASA1,666,724 66.0903 (1m) Statewide concern; uniformity. (a) In this subsection, "publicly
25funded private construction project" means a construction project in which the

1developer, investor, or owner of the project receives direct financial assistance from
2a local governmental unit for the erection, construction, repair, remodeling,
3demolition, including any alteration, painting, decorating, or grading, of a private
4facility, including land, a building, or other infrastructure. "Publicly funded private
5construction project" does not include a project of public works or a housing project
6involving the erection, construction, repair, remodeling, or demolition of any of the
7following:
AB40-ASA1,666,98 1. A residential property, if the project is supported by affordable housing
9grants, home improvement grants, or grants from a local housing trust fund.
AB40-ASA1,666,1010 2. A residential property containing 4 dwelling units or less.
AB40-ASA1,666,1211 3. A residential property that contains retail, office, or commercial components,
12if the project is intended to increase the supply of affordable housing in a community.
AB40-ASA1,666,2213 (b) The legislature finds that the enactment of ordinances or other enactments
14by local governmental units requiring laborers, workers, mechanics, and truck
15drivers employed on projects of public works or on publicly funded private
16construction projects to be paid the prevailing wage rate and to be paid at least 1.5
17times their hourly basic rate of pay for hours worked in excess of the prevailing hours
18of labor would be logically inconsistent with, would defeat the purpose of, and would
19go against the spirit of this section and the repeal of s. 66.0904, 2009 stats. Therefore,
20this section shall be construed as an enactment of statewide concern for the purpose
21of providing uniform prevailing wage rate and prevailing hours of labor
22requirements throughout the state.
AB40-ASA1,667,523 (c) A local governmental unit may not enact and administer an ordinance or
24other enactment requiring laborers, workers, mechanics, and truck drivers
25employed on projects of public works or on publicly funded private construction

1projects to be paid the prevailing wage rate and to be paid at least 1.5 times their
2hourly basic rate of pay for hours worked in excess of the prevailing hours of labor
3or any similar ordinance or enactment. Any such ordinance or other enactment that
4is in effect on the day before the effective date of this subsection .... [LRB inserts
5date], is void.
AB40-ASA1, s. 1727mf 6Section 1727mf. 66.0903 (2) (c) of the statutes is amended to read:
AB40-ASA1,667,107 66.0903 (2) (c) A project in which the completed facility is leased, purchased,
8lease purchased, or otherwise acquired by, or dedicated to, a local governmental unit
9in lieu of the local governmental unit contracting for the erection, construction,
10repair, remodeling, or demolition of the facility.
AB40-ASA1, s. 1727mi 11Section 1727mi. 66.0903 (3) (av) of the statutes is amended to read:
AB40-ASA1,667,1912 66.0903 (3) (av) In determining prevailing wage rates under par. (am) or (ar),
13the department may not use data from projects that are subject to this section, s.
1466.0904, 103.49, or 103.50, or 40 USC 3142 unless the department determines that
15there is insufficient wage data in the area to determine those prevailing wage rates,
16in which case the department may use data from projects that are subject to this
17section, s. 66.0904, 103.49, or 103.50, or 40 USC 3142. In determining prevailing
18wage rates under par. (am) or (ar), the department may not use data from any
19construction work that is performed by a local governmental unit or a state agency.
AB40-ASA1, s. 1727mj 20Section 1727mj. 66.0903 (3) (dm) of the statutes is amended to read:
AB40-ASA1,668,1321 66.0903 (3) (dm) A reference to the prevailing wage rates determined by the
22department or a local governmental unit exempted under sub. (6) and to the
23prevailing hours of labor shall be published in the notice issued for the purpose of
24securing bids for the project of public works. If any contract or subcontract for a
25project of public works is entered into, the prevailing wage rates determined by the

1department or exempted local governmental unit and the prevailing hours of labor
2shall be physically incorporated into and made a part of the contract or subcontract,
3except that for a minor subcontract, as determined by the department, the
4department shall prescribe by rule the method of notifying the minor subcontractor
5of the prevailing wage rates and prevailing hours of labor applicable to the minor
6subcontract. The prevailing wage rates and prevailing hours of labor applicable to
7a contract or subcontract may not be changed during the time that the contract or
8subcontract is in force. No person performing the work described in sub. (4) may be
9paid less than the prevailing wage rate in the same or most similar trade or
10occupation determined under this subsection; nor may he or she be permitted to work
11a greater number of hours per day or per week than the prevailing hours of labor,
12unless he or she is paid for all hours worked in excess of the prevailing hours of labor
13at a rate of at least 1.5 times his or her hourly basic rate of pay.
AB40-ASA1, s. 1727mk 14Section 1727mk. 66.0903 (4) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,668,2315 66.0903 (4) (b) (intro.) Notwithstanding par. (a) 1., a A laborer, worker,
16mechanic, or truck driver who is regularly employed to process, manufacture, pick
17up, or deliver materials or products from a commercial establishment that has a fixed
18place of business from which the establishment regularly supplies processed or
19manufactured materials or products or from a facility that is not dedicated
20exclusively, or nearly so, to a project of public works that is subject to this section
is
21not entitled to receive the prevailing wage rate determined under sub. (3) or to
22receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in
23excess of the prevailing hours of labor unless any of the following applies:
AB40-ASA1, s. 1727mL 24Section 1727mL. 66.0903 (4) (b) 1. of the statutes is amended to read:
AB40-ASA1,669,7
166.0903 (4) (b) 1. The laborer, worker, mechanic, or truck driver is employed
2to go to the source of mineral aggregate such as sand, gravel, or stone that is to be
3immediately incorporated into the work, and not stockpiled or further transported
4by truck, pick up that mineral aggregate,
and deliver that mineral aggregate to the
5site of a project of public works that is subject to this section by depositing the
6material substantially in place, directly in final place, from the transporting vehicle
7or through spreaders from the transporting vehicle.
AB40-ASA1, s. 1727n 8Section 1727n. 66.0903 (5) (a) of the statutes is amended to read:
AB40-ASA1,669,169 66.0903 (5) (a) A single-trade project of public works for which the estimated
10project cost of completion is below $25,000 less than $48,000, a multiple-trade
11project of public works for which the estimated project cost of completion is less than
12$100,000, or, in the case of a multiple-trade project of public works erected,
13constructed, repaired, remodeled, or demolished by a private contractor for a city or
14village having a population of less than 2,500 or for a town, a multiple-trade project
15of public works for which the estimated project cost of completion is less than
16$234,000
.
AB40-ASA1, s. 1727p 17Section 1727p. 66.0903 (5) (b) of the statutes is amended to read:
AB40-ASA1,669,2218 66.0903 (5) (b) A Work performed on a project of public works in which the
19labor for the project is provided by unpaid volunteers
for which the local
20governmental unit contracting for the project is not required to compensate any
21contractor, subcontractor, contractor's or subcontractor's agent, or individual for
22performing the work
.
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