AB539: Bill Text

LRB-3148/1

MGD:jlg:kjf

1999 - 2000 LEGISLATURE

1999 Assembly BILL 539

October 20, 1999 - Introduced by Representatives Balow, Sykora, Suder, Goetsch, F. Lasee, Riley, Colon and Schooff, cosponsored by Senators Zien, Jauch and Farrow. Referred to Committee on Corrections and the Courts.

AB539,1,8 An Act to repeal 20.410 (1) (ks); to renumber and amend 13.48 (19); to amend 13.48 (27), 20.410 (1) (ab), 20.410 (1) (ab), 20.410 (1) (ej), 109.09 (1), 111.322 (2m) (c), 227.01 (13) (t), 301.21 (1m) (a) (intro.), 301.21 (2m) (a) (intro.), 301.235 (2) (e) and 302.01; and to create 13.48 (19) (b), 20.410 (1) (ej), 20.410 (1) (ks), 20.924 (1) (i), 301.18 (1g), 301.19 and 301.21 (7) of the statutes; relating to: the construction of correctional facilities by private persons, the lease of certain correctional facilities, contracts for the confinement of Wisconsin prisoners in other states, making an appropriation and providing penalties.

Analysis by the Legislative Reference Bureau

Under current law, the building commission is authorized to lease facilities for use by the department of corrections (DOC). Current law also subjects the purchase, lease or construction of correctional facilities by the state to prior approval by the building commission and the joint committee on finance (JCF). Moreover, current law imposes certain "prevailing wage" requirements on employers working on state or local public works projects and establishes enforcement mechanisms for those requirements, including criminal penalties.

In addition, under current law, DOC may enter into contracts to confine prisoners in its custody in other states. Under these provisions, DOC may contract with either another state, a political subdivision of another state or a private person. If a contract entails the transfer of more than ten prisoners to a single state or to any political subdivision of another state, it must be approved by the legislature or by JCF.

This bill prohibits DOC from transferring a prisoner for confinement outside of this state if it has a bed available in a state prison at the appropriate security classification for the prisoner. The bill also relates to correctional facilities constructed by or under construction by private persons, other than those built at the direction of federal, tribal, state or local government. Under the bill, the department of administration (DOA) must attempt to negotiate with the owner of each such correctional facility to lease the facility, with the lease term to begin July 1, 2000. If DOA successfully negotiates a lease, the lease is subject to approval by the building commission and JCF. DOC's lease payments and its costs for operating any such facility are funded first by the reduction in its costs for confining prisoners out of state resulting from its increased in-state capacity. Additional costs are funded by general purpose revenues. If DOA is unable to negotiate a lease, it is authorized under the bill to purchase the correctional facility.

The bill also regulates the construction of additional correctional facilities by private persons. Under the bill, a private person may not commence construction of a correctional facility or conversion of an existing building into a correctional facility unless: 1) the building commission has authorized the lease or acquisition of the correctional facility or has approved the construction or conversion; and 2) the person agrees to comply with current prevailing wage law. The bill prohibits the building commission from leasing or acquiring a correctional facility if these requirements are not met.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB539, s. 1 Section 1. 13.48 (19) of the statutes is renumbered 13.48 (19) (a) and amended to read:

AB539,3,6 13.48 (19) (a) Whenever the building commission determines that the use of innovative types of design and construction processes will make better use of the resources and technology available in the building industry, the building commission may waive any or all of s. 16.855 if such action is in the best interest of the state and if the waiver is accomplished through formal action of the building commission. The Subject to the requirements of par. (b) and s. 20.924 (1) (i), the building commission may authorize the lease, lease purchase or acquisition of such facilities constructed in the manner authorized by the building commission. The Subject to the requirements of par. (b) and s. 20.924 (1) (i), the building commission may also authorize the lease, lease purchase or acquisition of existing facilities in lieu of state construction of any project enumerated in the authorized state building program.

AB539, s. 2 Section 2. 13.48 (19) (b) of the statutes is created to read:

AB539,3,13 13.48 (19) (b) The building commission may not lease or acquire a building, structure or facility for the purpose of confining persons serving a sentence of imprisonment to the Wisconsin state prisons under ch. 973 unless the person who undertakes construction or conversion of the building, facility or structure has met the requirements of s. 301.19 (2) and has complied with the agreement under s. 20.924 (1) (i).

AB539, s. 3 Section 3. 13.48 (27) of the statutes is amended to read:

AB539,3,21 13.48 (27) Lease of correctional facilities. The Subject to sub. (19) (b) and s. 20.924 (1) (i), the building commission may lease any facility meeting the requirements of s. 301.19 (2) for use of the department of corrections as a part of the authorized state building program, with an option to purchase the facility by the state. Any lease shall provide for the facility to be constructed in accordance with requirements and specifications approved by the department of administration and shall permit inspection of the site and facility by agents of the department.

AB539, s. 4 Section 4. 20.410 (1) (ab) of the statutes is amended to read:

AB539,4,4 20.410 (1) (ab) Corrections contracts and agreements. The amounts in the schedule for payments made in accordance with contracts entered into under ss. 301.21, 302.25 and 302.27, contracts entered into with the federal government under 18 USC 5003 and intra-agency agreements relating to the placement of prisoners and for transfer to the appropriation account under par. (ks) if the department of administration leases a private correctional facility under 1999 Wisconsin Act .... (this act), section 21 (2).

AB539, s. 5 Section 5 . 20.410 (1) (ab) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB539,4,13 20.410 (1) (ab) Corrections contracts and agreements. The amounts in the schedule for payments made in accordance with contracts entered into under ss. 301.21, 302.25 and 302.27, contracts entered into with the federal government under 18 USC 5003 and intra-agency agreements relating to the placement of prisoners and for transfer to the appropriation account under par. (ks) if the department of administration leases a private correctional facility under 1999 Wisconsin Act .... (this act), section 21 (2).

AB539, s. 6 Section 6. 20.410 (1) (ej) of the statutes is created to read:

AB539,4,19 20.410 (1) (ej) Private correctional facility operations, services and rental. A sum sufficient to operate, to provide services at and to make rental payments on any correctional facility leased under 1999 Wisconsin Act .... (this act), section 21 (2), to the extent that the amount appropriated under par. (ks) is insufficient to pay these costs.

AB539, s. 7 Section 7. 20.410 (1) (ej) of the statutes, as created by 1999 Wisconsin Act 1999 Wisconsin Act .... (this act), is amended to read:

AB539,5,2 20.410 (1) (ej) Private correctional facility operations, services and rental. A sum sufficient to operate, to provide services at and to make rental payments on any correctional facility leased under 1999 Wisconsin Act .... (this act), section 21 (2), to the extent that the amount appropriated under par. (ks) is insufficient to pay these costs.

AB539, s. 8 Section 8. 20.410 (1) (ks) of the statutes is created to read:

AB539,5,7 20.410 (1) (ks) Private correctional facility. All moneys transferred from the appropriation account under par. (ab) to operate, to provide services at and to make rental payments on any correctional facility leased under 1999 Wisconsin Act .... (this act), section 21 (2).

AB539, s. 9 Section 9. 20.410 (1) (ks) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

AB539, s. 10 Section 10. 20.924 (1) (i) of the statutes is created to read:

AB539,5,15 20.924 (1) (i) Shall not authorize the acquisition or leasing of any building, structure or facility, or portion thereof, under s. 301.19 (2) (a), for initial occupancy by the department of corrections for the purpose of confining persons serving a sentence of imprisonment to the Wisconsin state prisons under ch. 973 unless the seller or lessor agrees as follows:

AB539,5,22 1. Not to permit any employe working on the building, structure or facility, or portion thereof, who would be entitled to receive the prevailing wage rate under s. 103.49 and who would not be required or permitted to work more than the prevailing hours of labor, if the building, structure or facility, or portion thereof, were a project of public works subject to s. 103.49, to be paid less than the prevailing wage rate or to be required or permitted to work more than the prevailing hours of labor, except as permitted under s. 103.49 (2).

AB539,6,2 2. To require any contractor, subcontractor or agent thereof performing work on the building, structure or facility, or portion thereof, to keep and permit inspection of records in the same manner as a contractor, subcontractor or agent thereof performing work on a project of public works that is subject to s. 103.49 is required to keep and permit inspection of records under s. 103.49 (5).

AB539,6,9 3. Otherwise to comply with s. 103.49 in the same manner as a state agency contracting for the erection, construction, remodeling, repairing or demolition of a project of public works is required to comply with s. 103.49 and to require any contractor, subcontractor or agent thereof performing work on the building, structure or facility, or portion thereof, to comply with s. 103.49 in the same manner as a contractor, subcontractor or agent thereof performing work on a project of public works that is subject to s. 103.49 is required to comply with s. 103.49.

AB539, s. 11 Section 11 . 109.09 (1) of the statutes is amended to read:

AB539,7,6 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employes as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employe during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 20.924 (1) (i) 1., 2. and 3., 66.293, 103.02, 103.49, 103.82 and 104.12. In pursuance of this duty, the department may sue the employer on behalf of the employe to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) for the operation of the office of the district attorney who prosecuted the action.

AB539, s. 12 Section 12. 111.322 (2m) (c) of the statutes is amended to read:

AB539,7,10 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 20.924 (1) (i) 1., 2. or 3., 66.293 or 103.49 or testifies or assists in any action or proceeding under s. 20.924 (1) (i) 1., 2. or 3., 66.293 or 103.49.

AB539, s. 13 Section 13. 227.01 (13) (t) of the statutes is amended to read:

AB539,7,16 227.01 (13) (t) Ascertains and determines prevailing wage rates and prevailing hours of labor under ss. s. 20.924 (1) (i) 3., 66.293, 103.49 and or 103.50, except that any action or inaction which ascertains and determines prevailing wage rates and prevailing hours of labor under ss. s. 20.924 (1) (i) 3., 66.293, 103.49 and or 103.50 is subject to judicial review under s. 227.40.

AB539, s. 14 Section 14. 301.18 (1g) of the statutes is created to read:

AB539,7,20 301.18 (1g) The department of administration may acquire or lease correctional facilities defined under 1999 Wisconsin Act .... (this act), section 21 (1) (b).

AB539, s. 15 Section 15. 301.19 of the statutes is created to read:

AB539,7,23 301.19 Construction of correctional facilities by private persons. (1) In this section:

AB539,8,3 (a) "Authorized jurisdiction" means a county, a group of counties acting under s. 302.44, the United States or a federally recognized American Indian tribe or band in this state.

AB539,8,7 (b) "Correctional facility" means a prison, jail, house of correction or lockup facility but does not include an institution or facility or a portion of an institution or facility that is used solely to confine juveniles alleged or found to be delinquent under ch. 48, 1993 stats., or ch. 938.

AB539,8,10 (2) No private person may commence construction of a correctional facility or commence conversion of an existing building, structure or facility into a correctional facility unless all of the following requirements are met:

AB539,8,14 (a) The building commission has authorized the lease or acquisition of the building, structure or facility by the state upon the completion of the construction or conversion or has approved the construction or conversion of the building, structure or facility.