LRB-2048/1
RPN:jld:km
2001 - 2002 LEGISLATURE
January 25, 2001 - Introduced by Representative Walker, cosponsored by Senator
Jauch. Referred to Committee on Corrections and the Courts.
AB42,1,5 1An Act to repeal 20.410 (1) (ed); to amend 13.48 (19), 13.48 (27), 20.410 (1) (ab),
2109.09 (1), 111.322 (2m) (c), 227.01 (13) (t), 302.01, 946.15 (1), 946.15 (2), 946.15
3(3) and 946.15 (4); and to create 20.924 (1) (i) and 301.235 (2) (dm) of the
4statutes; relating to: the lease and operation of correctional facilities, making
5an appropriation, and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, as a part of the authorized state building program, the
building commission may lease any facility, with an option to purchase the facility
by the state, for use by the department of corrections (DOC). Current law also
appropriates money to DOC for making payments under certain contracts. This bill
amends the appropriation provision relating to contract payments to authorize DOC
to use the money appropriated under that provision, subject to the approval of the
joint committee on finance, to lease correctional facilities in this state and to operate
the correctional facilities that it leases.
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. The bill 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:
AB42, s. 1 1Section 1. 13.48 (19) of the statutes is amended to read:
AB42,2,122 13.48 (19) Whenever the building commission determines that the use of
3innovative types of design and construction processes will make better use of the
4resources and technology available in the building industry, the building commission
5may waive any or all of s. 16.855 if such action is in the best interest of the state and
6if the waiver is accomplished through formal action of the building commission. The
7Subject to the requirements of s. 20.924 (1) (i), the building commission may
8authorize the lease, lease purchase or acquisition of such facilities constructed in the
9manner authorized by the building commission. The Subject to the requirements of
10s. 20.924 (1) (i), the
building commission may also authorize the lease, lease purchase
11or acquisition of existing facilities in lieu of state construction of any project
12enumerated in the authorized state building program.
AB42, s. 2 13Section 2. 13.48 (27) of the statutes is amended to read:
AB42,3,214 13.48 (27) Lease of correctional facilities. The Subject to s. 20.924 (1) (i),
15the
building commission may lease any facility for use of the department of
16corrections as a part of the authorized state building program, with an option to
17purchase the facility by the state. Any lease shall provide for the facility to be
18constructed in accordance with requirements and specifications approved by the

1department of administration and shall permit inspection of the site and facility by
2agents of the department.
AB42, s. 3 3Section 3. 20.410 (1) (ab) of the statutes is amended to read:
AB42,3,104 20.410 (1) (ab) Corrections contracts and, agreements and leases. The amounts
5in the schedule for payments made in accordance with contracts entered into under
6ss. 301.21, 302.25 and 302.27, contracts entered into with the federal government
7under 18 USC 5003 and intra-agency agreements relating to the placement of
8prisoners and, subject to the approval of the joint committee on finance, for payments
9made to lease correctional facilities in this state under s. 13.48 (27) and for the
10operation of those facilities
.
AB42, s. 4 11Section 4. 20.410 (1) (ed) of the statutes is repealed.
AB42, s. 5 12Section 5. 20.924 (1) (i) of the statutes is created to read:
AB42,3,1813 20.924 (1) (i) May not lease or authorize the leasing of any building, structure,
14or facility, or portion thereof for initial occupancy by the department of corrections
15for the purpose of confining persons serving a sentence of imprisonment to the
16Wisconsin state prisons under ch. 973 unless the construction of the building,
17structure or facility or its conversion into a correctional facility began before October
181, 1999, or unless the lessor has done all of the following:
AB42,3,2519 1. Not permit any employee working on the building, structure, or facility, or
20portion thereof, who would be entitled to receive the prevailing wage rate under s.
21103.49 and who would not be required or permitted to work more than the prevailing
22hours of labor, if the building, structure, or facility, or portion thereof, were a project
23of public works subject to s. 103.49, to be paid less than the prevailing wage rate or
24to be required or permitted to work more than the prevailing hours of labor, except
25as permitted under s. 103.49 (2).
AB42,4,5
12. Require any contractor, subcontractor, or agent thereof performing work on
2the building, structure, or facility, or portion thereof, to keep and permit inspection
3of records in the same manner as a contractor, subcontractor, or agent thereof
4performing work on a project of public works that is subject to s. 103.49 is required
5to keep and permit inspection of records under s. 103.49 (5).
AB42,4,126 3. Otherwise comply with s. 103.49 in the same manner as a state agency
7contracting for the erection, construction, remodeling, repairing, or demolition of a
8project of public works is required to comply with s. 103.49 and to require any
9contractor, subcontractor, or agent thereof performing work on the building,
10structure, or facility, or portion thereof, to comply with s. 103.49 in the same manner
11as a contractor, subcontractor, or agent thereof performing work on a project of public
12works that is subject to s. 103.49 is required to comply with s. 103.49.
AB42, s. 6 13Section 6. 109.09 (1) of the statutes is amended to read:
AB42,5,914 109.09 (1) The department shall investigate and attempt equitably to adjust
15controversies between employers and employees as to alleged wage claims. The
16department may receive and investigate any wage claim which is filed with the
17department, or received by the department under s. 109.10 (4), no later than 2 years
18after the date the wages are due. The department may, after receiving a wage claim,
19investigate any wages due from the employer against whom the claim is filed to any
20employee during the period commencing 2 years before the date the claim is filed.
21The department shall enforce this chapter and ss. 20.924 (1) (i) 1., 2., and 3., 66.0903,
22103.02, 103.49, 103.82, 104.12 and 229.8275. In pursuance of this duty, the
23department may sue the employer on behalf of the employee to collect any wage claim
24or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions.
25Except for actions under s. 109.10, the department may refer such an action to the

1district attorney of the county in which the violation occurs for prosecution and
2collection and the district attorney shall commence an action in the circuit court
3having appropriate jurisdiction. Any number of wage claims or wage deficiencies
4against the same employer may be joined in a single proceeding, but the court may
5order separate trials or hearings. In actions that are referred to a district attorney
6under this subsection, any taxable costs recovered by the district attorney shall be
7paid into the general fund of the county in which the violation occurs and used by that
8county to meet its financial responsibility under s. 978.13 (2) for the operation of the
9office of the district attorney who prosecuted the action.
AB42, s. 7 10Section 7. 111.322 (2m) (c) of the statutes is amended to read:
AB42,5,1411 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right
12under s. 20.924 (1) (i) 1., 2., or 3., 66.0903, 103.49 or 229.8275 or testifies or assists
13in any action or proceeding under s. 20.924 (1) (i) 1., 2., or 3., 66.0903, 103.49 or
14229.8275.
AB42, s. 8 15Section 8. 227.01 (13) (t) of the statutes is amended to read:
AB42,5,2016 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. s.
1720.924 (1) (i),
66.0903, 103.49, 103.50 and, or 229.8275, except that any action or
18inaction which ascertains and determines prevailing wage rates under ss. s. 20.924
19(1) (i),
66.0903, 103.49, 103.50 and, or 229.8275 is subject to judicial review under s.
20227.40.
AB42, s. 9 21Section 9. 301.235 (2) (dm) of the statutes is created to read:
AB42,6,222 301.235 (2) (dm) The department may not lease any building or any portion of
23a building under this section unless the construction of the building or its conversion
24into a correctional facility began before October 1, 1999, or unless the lessor has met

1the requirements of s. 20.924 (1) (i) that would apply if the building or the portion
2of the building were being leased by the building commission.
AB42, s. 10 3Section 10. 302.01 of the statutes is amended to read:
AB42,6,24 4302.01 State prisons named and defined. The penitentiary at Waupun is
5named "Waupun Correctional Institution". The correctional treatment center at
6Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay
7is named "Green Bay Correctional Institution". The medium/maximum penitentiary
8at Portage is named "Columbia Correctional Institution". The medium security
9institution at Oshkosh is named "Oshkosh Correctional Institution". The medium
10security penitentiary near Fox Lake is named "Fox Lake Correctional Institution".
11The penitentiary at Taycheedah is named "Taycheedah Correctional Institution".
12The medium security penitentiary at Plymouth is named "Kettle Moraine
13Correctional Institution". The penitentiary at the village of Sturtevant in Racine
14County is named "Racine Correctional Institution". The medium security
15penitentiary at Racine is named "Racine Youthful Offender Correctional Facility".
16The resource facility at Oshkosh is named "Wisconsin Resource Center". The
17institutions named in this section, the correctional institutions authorized under s.
18301.16 (1n) and (1v), correctional institution authorized under 1997 Wisconsin Act
194
, section 4 (1) (a), correctional institution authorized under s. 301.046 (1),
20correctional institution authorized under s. 301.048 (4) (b), minimum security
21correctional institutions authorized under s. 301.13, correctional facilities leased
22and operated by the department under s. 13.48 (27)
, the probation and parole holding
23facilities authorized under s. 301.16 (1q) and state-local shared correctional
24facilities when established under s. 301.14, are state prisons.
AB42, s. 11 25Section 11. 946.15 (1) of the statutes is amended to read:
AB42,7,15
1946.15 (1) Any employer, or any agent or employee of an employer, who induces
2any person who seeks to be or is employed pursuant to a public contract as defined
3in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing
4wage rate determination has been issued by the department of workforce
5development under s. 20.924 (1) (i), 66.0903 (3), 103.49 (3), 103.50 (3) or 229.8275 (3)
6or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6)
7to give up, waive or return any part of the compensation to which that person is
8entitled under his or her contract of employment or under the prevailing wage rate
9determination issued by the department or local governmental unit, or who reduces
10the hourly basic rate of pay normally paid to an employee for work on a project on
11which a prevailing wage rate determination has not been issued under s. 20.924 (1)
12(i),
66.0903 (3) or (6), 103.49 (3), 103.50 (3) or 229.8275 (3) during a week in which
13the employee works both on a project on which a prevailing wage rate determination
14has been issued and on a project on which a prevailing wage rate determination has
15not been issued, is guilty of a Class E felony.
AB42, s. 12 16Section 12. 946.15 (2) of the statutes is amended to read:
AB42,8,617 946.15 (2) Any person employed pursuant to a public contract as defined in s.
1866.0901 (1) (c) or employed on a project on which a prevailing wage rate
19determination has been issued by the department of workforce development under
20s. 20.924 (1) (i), 66.0903 (3), 103.49 (3), 103.50 (3) or 229.8275 (3) or by a local
21governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) who gives up,
22waives or returns to the employer or agent of the employer any part of the
23compensation to which the employee is entitled under his or her contract of
24employment or under the prevailing wage determination issued by the department
25or local governmental unit, or who gives up any part of the compensation to which

1he or she is normally entitled for work on a project on which a prevailing wage rate
2determination has not been issued under s. 20.924 (1) (i), 66.0903 (3) or (6), 103.49
3(3), 103.50 (3) or 229.8275 (3) during a week in which the person works part-time on
4a project on which a prevailing wage rate determination has been issued and
5part-time on a project on which a prevailing wage rate determination has not been
6issued, is guilty of a Class C misdemeanor.
AB42, s. 13 7Section 13. 946.15 (3) of the statutes is amended to read:
AB42,8,178 946.15 (3) Any employer or labor organization, or any agent or employee of an
9employer or labor organization, who induces any person who seeks to be or is
10employed on a project on which a prevailing wage rate determination has been issued
11by the department of workforce development under s. 20.924 (1) (i), 66.0903 (3),
12103.49 (3), 103.50 (3) or 229.8275 (3) or by a local governmental unit, as defined in
13s. 66.0903 (1) (d), under s. 66.0903 (6) to permit any part of the wages to which that
14person is entitled under the prevailing wage rate determination issued by the
15department or local governmental unit to be deducted from the person's pay is guilty
16of a Class E felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6
17from a person who is working on a project that is subject to 40 USC 276c.
AB42, s. 14 18Section 14. 946.15 (4) of the statutes is amended to read:
AB42,9,219 946.15 (4) Any person employed on a project on which a prevailing wage rate
20determination has been issued by the department of workforce development under
21s. 20.924 (1) (i), 66.0903 (3), 103.49 (3), 103.50 (3) or 229.8275 (3) or by a local
22governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) who permits
23any part of the wages to which that person is entitled under the prevailing wage rate
24determination issued by the department or local governmental unit to be deducted
25from his or her pay is guilty of a Class C misdemeanor, unless the deduction would

1be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that
2is subject to 40 USC 276c.
AB42, s. 15 3Section 15. Nonstatutory provisions.
AB42,9,94 (1) For the 2001-02 and 2002-03 fiscal years, the department of corrections
5may request the joint committee of finance to supplement the department's budget
6under section 20.410 (1) (a) of the statutes for the purpose of staffing any leased
7correctional facility. Notwithstanding the fact that no emergency exists, the joint
8committee on finance may approve any such request under section 13.101 (3) (a) of
9the statutes.
AB42, s. 16 10Section 16. Effective date.
AB42,9,1211 (1) This act takes effect on the day after publication of the 2001-03 biennial
12budget act.
AB42,9,1313 (End)
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