AB710,510,2215
(c) Territory included within a regional planning commission that consists of
16one county or less in area also may be included in the creation of a multicounty
17regional planning commission.
Such The creation does not require that the existing
18regional planning commission consisting of one county or less in area be terminated
19or altered, but upon creation of the multicounty commission, the existing commission
20shall cease to have authority to make charges upon participating local governmental
21units
pursuant to under sub. (14) and shall adopt a name other than "regional
22planning commission".
AB710,511,2
23(2m) Limitation on territory. No regional planning commission may be
24created to include territory located in 3 or more uniform state districts as established
25by 1970 executive order 22 dated August 24, 1970. Any existing regional planning
1commission which includes territory located in 3 or more
such uniform state districts
2shall be dissolved no later than December 31, 1972.
AB710,511,11
3(3) (a) 2. Two members from each participating county shall be appointed by
4the governor. At least one
such appointee shall be a person, selected from a list of
52 or more persons nominated by the county board, who has experience in local
6government in elective or appointive offices or who is professionally engaged in
7advising local governmental units in the fields of land-use planning, transportation,
8law, finance, engineering or recreation and natural resources development. The
9governor in making appointments
hereunder under this subdivision shall give due
10weight to the place of residence of the appointees within the various counties
11encompassed by the region.
AB710,511,2012
(b) (intro.) For any region which does not include a
city of the first class 1st class
13city, the membership composition of a regional planning commission shall be in
14accordance with resolutions approved by the governing bodies of a majority of the
15local units in the region, and these units shall have in the aggregate at least half the
16population of the region. For the purposes of this determination a county, part or all
17of which is within the region, shall be counted as a local unit, but the population of
18an approving county shall not be counted. In the absence of the necessary approval
19by the local units, the membership composition of a commission shall be determined
20as follows:
AB710,512,2
21(5) Chairperson; rules of procedure; records. Each regional planning
22commission shall elect its own chairperson and executive committee and shall
23establish its own rules of procedure, and may create and fill
such other offices as it
24may determine necessary. The commission may authorize the executive committee
25to act for it on all matters
pursuant to under rules adopted by it. The commission
1shall meet at least once each year. It shall keep a record of its resolutions,
2transactions, findings and determinations, which shall be a public record.
AB710,512,10
3(7) Advisory committees or councils; appointment. The regional planning
4commission may appoint advisory committees or councils whose membership may
5consist of individuals whose experience, training or interest in the program may
6qualify them to lend valuable assistance to the regional planning commission by
7acting in an advisory capacity in consulting with the regional planning commission
8on all phases of the commission's program. Members of
such advisory bodies shall
9receive no compensation for their services but may be reimbursed for actual expenses
10incurred in the performance of their duties.
AB710,512,1413
66.0309
(8) (a)
1. The regional planning commission may
conduct take any of
14the following actions:
AB710,512,17
15a. Conduct all types of research studies, collect and analyze data, prepare
16maps, charts and tables, and conduct all necessary studies for the accomplishment
17of its other duties
; it may, consistent.
AB710,512,22
18b. Consistent with the elements specified in s.
66.0295 66.1001, make plans for
19the physical, social and economic development of the region, and
may, consistent
20with the elements specified in s.
66.0295 66.1001, adopt by resolution any plan or the
21portion of any plan so prepared as its official recommendation for the development
22of the region
; it may publicize.
AB710,512,24
23c. Publicize and advertise its purposes, objectives and findings, and
may 24distribute reports
thereon; it may provide concerning these items.
AB710,513,5
1d. Provide advisory services on regional planning problems to the local
2government units within the region and to other public and private agencies in
3matters relative to its functions and objectives, and may act as a coordinating agency
4for programs and activities of
such local units and agencies as they relate to its
5objectives.
AB710,513,11
62. All public officials shall, upon request, furnish to the regional planning
7commission, within a reasonable time,
such available information as it requires for
8its work. In general, the regional planning commission shall have all powers
9necessary to enable it to perform its functions and promote regional planning. The
10functions of the regional planning commission shall be solely advisory to the local
11governments and local government officials comprising the region.
AB710, s. 610
12Section
610. 66.945 (8) (b) of the statutes is renumbered 66.0309 (8) (b).
AB710,513,2215
66.0309
(9) Preparation of master plan for region. The regional planning
16commission shall have the function and duty of making and adopting a master plan
17for the physical development of the region. The master plan, with the accompanying
18maps, plats, charts, programs and descriptive and explanatory matter, shall show
19the commission's recommendations for
such physical development and shall contain
20at least the elements described in s.
66.0295 66.1001. The regional planning
21commission may amend, extend or add to the master plan or carry any part or subject
22matter into greater detail.
AB710,514,16
23(10) Adoption of master plan for region. The master plan shall be made with
24the general purpose of guiding and accomplishing a coordinated, adjusted and
25harmonious development of the region which will, in accordance with existing and
1future needs, best promote public health, safety, morals, order, convenience,
2prosperity or the general welfare, as well as efficiency and economy in the process
3of development. The regional planning commission may adopt the master plan as
4a whole by a single resolution, or, as the work of making the whole master plan
5progresses, may by resolution adopt a part or parts
thereof of the master plan, any
6such part to correspond with one or more of the elements specified in s.
66.0295 766.1001. The resolution shall refer expressly to the maps, plats, charts, programs
8and descriptive and explanatory matter, and other matters intended by the regional
9planning commission to form the whole or any part of the plan, and the action taken
10shall be recorded on the adopted plan or part
thereof
of the adopted plan by the
11identifying signature of the chairperson of the regional planning commission and a
12copy of the plan or part
thereof of the adopted plan shall be certified to the legislative
13bodies of the local governmental units within the region. The purpose and effect of
14adoption of the master plan shall be solely to aid the regional planning commission
15and the local governments and local government officials comprising the region in
16the performance of their functions and duties.
AB710, s. 612
17Section
612. 66.945 (11) to (16) of the statutes are renumbered 66.0309 (11)
18to (16), and 66.0309 (11), (12) (b) (intro.) and 1., (13), (14) (a) to (c), (d) (intro.) and 1.,
19(e) and (f), (15) and (16), as renumbered, are amended to read:
AB710,515,1120
66.0309
(11) Matters referred to regional planning commission. The officer
21or public body of a local governmental unit within the region having final authority
22thereon may refer to the regional planning commission, for its consideration and
23report, the
following matters: The location
of or acquisition of land for any of the
24items or facilities which are included in the adopted regional master plan. Within
2520 days after the matter is referred to the regional planning commission or
such a
1longer period as may be stipulated by the referring officer or public body, the
2commission shall report its recommendations to the referring officer or public body.
3The report and recommendations of the commission shall be advisory only.
State
4agencies A state agency may authorize the regional planning commission with the
5consent of the commission to act for
such the agency in approving, examining or
6reviewing plats, under s. 236.12 (2) (a).
Regional planning commissions A regional
7planning commission authorized by a local unit on November 1, 1980 to act for the
8local unit in approving plats may continue to so act until the commission withdraws
9its consent or the local unit its approval. A local unit may authorize a regional
10planning commission, with the consent of the commission, to conduct an advisory
11review of plats.
AB710,515,15
12(12) (b) (intro.) In addition to the other powers specified in this section a
13regional planning commission may enter into a contract with any local unit within
14the region under s.
66.30 66.0301 to make studies and offer advice on
any of the
15following topics:
AB710,515,1616
1. Land use, thoroughfares, community facilities, and public improvements
;.
AB710,515,24
17(13) Aid from governmental agencies; gifts and grants. Aid, in any form, for
18the purpose of accomplishing the objectives of the regional planning commission may
19be accepted from all governmental agencies whether local, state or federal, if the
20conditions under which
such aid is furnished are not incompatible with the other
21provisions of this section. The regional planning commission may accept gifts and
22grants from public or private individuals or agencies if the conditions under which
23such the grants are made are in accordance with the accomplishment of the
24objectives of the regional planning commission.
AB710,516,13
1(14) (a) For the purpose of providing funds to meet the expenses of a regional
2planning commission, the commission shall annually on or before October 1 prepare
3and approve a budget reflecting the cost of its operation and services to the local
4governmental units within the region. The amount of the budget charged to any local
5governmental unit shall be in the proportion of the equalized value for tax purposes
6of the land, buildings and other improvements
thereon of such on the land of the local
7governmental unit, within the region, to the total
such equalized value within the
8region. The amount charged to a local governmental unit shall not exceed .003 per
9cent of
such equalized value under its jurisdiction and within the region, unless the
10governing body of
such the unit expressly approves the amount in excess of
such that 11percentage. All tax or other revenues raised for a regional planning commission shall
12be forwarded by the treasurer of the local unit to the treasurer of the commission on
13written order of the treasurer of the commission.
AB710,516,2014
(b) Where one-half or more of the land within a county is within a region, the
15chairperson of the regional planning commission shall certify to the county clerk,
16prior to before August 1 of each year, the proportionate amount of the budget charged
17to the county for the services of the regional planning commission. Unless the county
18board finds
such the charges unreasonable, and institutes the procedures
set forth
19below for such a contingency under par. (d), it shall take
such necessary legislative
20action as
necessary to provide the funds called for in the certified statement.
AB710,517,221
(c) Where less than one-half of the land within a county is within a region, the
22chairperson of the regional planning commission shall before August 1 of each year
23certify to the clerk of the local governmental unit involved a statement of the
24proportionate charges assessed to that local governmental unit.
Such The clerk shall
1extend the amount shown in
such the statement as a charge on the tax roll under s.
2281.43 (2).
AB710,517,53
(d) (intro.) If any local governmental unit makes a finding by resolution within
420 days of the certification to its clerk that the charges of the regional planning
5commission are unreasonable, it may
take any of the following actions:
AB710,517,156
1. Submit the issue to arbitration by 3 arbitrators, one to be chosen by the local
7governmental unit, one to be chosen by the regional planning commission and the
8third to be chosen by the first 2 arbitrators. If the arbitrators are unable to agree,
9the vote of 2 shall be the decision. They may affirm or modify the report, and shall
10submit their decision in writing to the local governmental unit and the regional
11planning commission within 30 days of their appointment unless the time be
12extended by agreement of the commission and the local governmental unit. The
13decision shall be binding. Election to arbitrate shall be waiver of right to proceed by
14action. Two-thirds of the expenses of arbitration shall be paid by the party
15requesting arbitration and the balance by the other
, or.
AB710,517,1816
(e) By agreement between the regional planning commission and a local
17governmental unit, special compensation to the commission for unique and special
18services provided to
such the local governmental unit may be arranged.
AB710,517,2219
(f) The regional planning commission may accept from any local governmental
20unit supplies, the use of equipment, facilities and office space and the services of
21personnel as part or all of the financial support assessed against
such the local
22governmental unit.
AB710,518,6
23(15) Dissolution of regional planning commissions. Upon receipt of certified
24copies of resolutions recommending the dissolution of a regional planning
25commission adopted by the governing bodies of a majority of the local units in the
1region, including the county board of any county, part or all of which is within the
2region, and upon a finding that all outstanding indebtedness of the commission has
3been paid and all unexpended funds returned to the local units which supplied them,
4or that adequate provision has been made
therefor
for the outstanding indebtedness
5or unexpended funds, the governor shall issue a certificate of dissolution of the
6commission which shall
thereupon then cease to exist.
AB710,518,19
7(16) Withdrawal. Within 90 days of the issuance by the governor of an order
8creating a regional planning commission, any local unit of government within the
9boundaries of
such the region may withdraw from the jurisdiction of
such the 10commission by a two-thirds vote of the members-elect of the governing body after
11a public hearing. Notice
thereof of withdrawal shall be given to the commission by
12registered mail not more than 3 nor less than 2 weeks
prior thereto before
13withdrawal and by publication of a class 2 notice, under ch. 985. A local unit may
14withdraw from a regional planning commission at the end of any fiscal year by a
15two-thirds vote of the members-elect of the governing body taken at least 6 months
16prior to before the effective date of
such the withdrawal. However,
such the local unit
17shall be responsible for its allocated share of the contractual obligations of the
18regional planning commission continuing beyond the effective date of its
19withdrawal.
AB710, s. 613
20Section
613. 66.948 of the statutes is renumbered 66.0411.
AB710, s. 614
21Section
614. 66.949 of the statutes is renumbered 66.0133, and 66.0133 (1) (c)
22and (3), as renumbered, are amended to read:
AB710,518,2523
66.0133
(1) (c) "Performance contract" means a contract for the evaluation and
24recommendation of energy conservation and facility improvement measures, and for
25the implementation of one or more
such of these measures.
AB710,519,18
1(3) Notice. Notwithstanding ss. 27.065 (5) (a), 30.32, 38.18, 43.17 (9) (a), 59.52
2(29) (a), 59.70 (11), 60.47 (2) to (4), 60.77 (6) (a), 61.55, 61.56, 61.57, 62.15 (1), 62.155,
366.24 (5) (d), 66.299 (2), 66.431 (5) (a) 2., 66.47 (11), 66.505 (10), 66.508 (10) and
466.904 (2) 66.0131 (2), 66.0923 (10), 66.0925 (10), 66.0927 (11), 66.1333 (5) (a) 2.,
5200.11 (5) (d) and 200.47 (2), before entering into a performance contract under this
6section, a local governmental unit shall solicit bids or competitive sealed proposals
7from qualified providers. A local governmental unit may only enter into a
8performance contract if the contract is awarded by the governing body of the local
9governmental unit. The governing body shall give at least 10 days' notice of the
10meeting at which the body intends to award a performance contract. The notice shall
11include a statement of the intent of the governing body to award the performance
12contract, the names of all potential parties to the proposed performance contract, and
13a description of the energy conservation and facility improvement measures
14included in the performance contract. At the meeting, the governing body shall
15review and evaluate the bids or proposals submitted by all qualified providers and
16may
thereafter award the performance contract to the qualified provider that best
17meets the needs of the local governmental unit, which need not be the lowest cost
18provider.
AB710, s. 615
19Section
615. 66.95 of the statutes is renumbered 66.0431 and amended to
20read:
AB710,520,6
2166.0431 Prohibiting operators from leaving keys in parked motor
22vehicles. The governing body of
any a city, village or town may by ordinance require
23every passenger motor vehicle to be equipped with a lock suitable to lock either the
24starting lever, throttle, steering apparatus, gear shift lever or ignition system;
25prohibit any person from permitting a motor vehicle in the person's custody from
1standing or remaining unattended on any street, road,
or alley or in any other public
2place, except an attended parking area, unless either the starting lever, throttle,
3steering apparatus, gear shift or ignition of the vehicle is locked and the key for that
4lock is removed from the vehicle; and provide forfeitures for
such violations
. The
5foregoing provisions shall of the ordinance. This section does not apply to motor
6vehicles operated by common carriers of passengers under ch. 194.
AB710, s. 616
7Section
616. 66.955 of the statutes is renumbered 23.235, and 23.235 (3), as
8renumbered, is amended to read:
AB710,520,129
23.235
(3) The department
of natural resources may conduct research on the
10control of nuisance weeds. The secretaries of natural resources and of agriculture,
11trade and consumer protection may authorize any person to plant or cultivate
12nuisance weeds for the purpose of controlled experimentation.
AB710, s. 617
13Section
617
. 66.96 (title) and (1) of the statutes are renumbered 66.0407 (title)
14and (1) (intro.), and 66.0407 (1) (intro.), as renumbered, are amended to read:
AB710,520,1515
66.0407
(1) (intro.)
The term "destroy" In this section:
AB710,520,20
16(a) "Destroy" means the complete killing of weeds or the killing of weed plants
17above the surface of the ground by the use of chemicals, cutting, tillage, cropping
18system, pasturing livestock, or any or all of these in effective combination, at
such 19a time and in
such a manner as will effectually prevent
such the weed plants from
20maturing to the bloom or flower stage.
AB710, s. 618
21Section
618. 66.96 (2) of the statutes is renumbered 66.0407 (1) (b) and
22amended to read:
AB710,521,223
66.0407
(1) (b)
The term "noxious weeds" as used in this chapter includes the
24following: "Noxious weed" means Canada thistle, leafy spurge and field bindweed
25(creeping Jenny) and any other
such weeds as weed the governing body of any
1municipality or the county board of any county by ordinance or resolution declares
2to be noxious within its respective boundaries.
AB710, s. 619
3Section
619. 66.96 (3) to (5) of the statutes are renumbered 66.0407 (3) to (5),
4and 66.0407 (3), as renumbered, is amended to read:
AB710,521,115
66.0407
(3) Every A person
owning, occupying or controlling land shall destroy
6all noxious weeds on
all lands which the person shall own, occupy or control the land.
7The person having immediate charge of any public lands shall destroy all noxious
8weeds on
such the lands. The highway patrolman on all federal, state or county
9trunk highways shall destroy all noxious weeds on that portion of the highway which
10that highway patrolman patrols. The town board
shall cause to be destroyed is
11responsible for the destruction of all noxious weeds on the town highways.
AB710, s. 620
12Section
620
. 66.97 to 66.99 of the statutes are repealed.
Note: Restated as s. 66.0517, with minor amendments. See Section 154.
AB710, s. 621
13Section
621. 67.01 (9) (h) of the statutes is amended to read:
AB710,521,1714
67.01
(9) (h) To contractor's certificates
, general obligation-local improvement
15bonds or special assessment B bonds issued
pursuant to s. 66.54 under s. 66.0713 16except as
therein specified provided in that section or to general obligation-local
17improvement bonds issued under s. 67.16, except as provided in that section.
AB710, s. 622
18Section
622. 67.05 (5) (b) of the statutes is amended to read:
AB710,523,319
67.05
(5) (b) No city or village may issue
any bonds for any purposes other than
20for water systems, lighting works, gas works, bridges, street lighting, street
21improvements, street improvement funding, hospitals, airports, harbor
22improvements, river improvements, breakwaters and protection piers, sewerage,
23garbage disposal, rubbish or refuse disposal, any combination of sewage, garbage or
24refuse or rubbish disposal, parks and public grounds, swimming pools and band
1shells
thereon, veterans housing projects, paying the municipality's portion of the
2cost of abolishing grade crossings, for the construction of police facilities and
3combined fire and police safety buildings, for the purchase of sites for engine houses,
4for fire engines and other equipment of the fire department, for construction of
5engine houses, and for pumps, water mains, reservoirs and all other reasonable
6facilities for fire protection apparatus or equipment for fire protection, for parking
7lots or other parking facilities, for school purposes, for libraries, for buildings for the
8housing of machinery and equipment, for acquiring and developing sites for industry
9and commerce as will expand the municipal tax base, for financing the cost of
10low-interest mortgage loans under s.
66.38 62.237, for providing financial assistance
11to blight elimination, slum clearance, community development, redevelopment and
12urban renewal programs and projects under ss.
66.405
66.1105, 66.1301 to
66.425,
1366.43, 66.431, 66.4325, 66.435 and 66.46 66.1329 and 66.1331 to 66.1337 or for
14university University of Wisconsin
system System college campuses, as defined in
15s. 36.05 (6m), until the proposition for their issue for the special purpose
thereof has
16been submitted to the electors of the city or village and adopted by a majority vote.
17Except as provided under sub. (15), if the common council of
any a city or the village
18board of
any a village declares its purpose to raise money by issuing bonds for any
19purpose other than those
above specified
in this subsection, it shall direct by
20resolution, which shall be recorded at length in the record of its proceedings, the clerk
21to call a special election for the purpose of submitting the question of bonding to the
22city or village electors. If a number of electors of a city or village equal to at least 15%
23of the votes cast for governor at the last general election in their city or village sign
24and file a petition conforming to the requirements of s. 8.40 with the city or village
25clerk requesting submission of the resolution, the city or village may not issue bonds
1for financing the cost of low-interest mortgage loans under s.
66.38 62.237 without
2calling a special election to submit the question of bonding to the city or village
3electors for their approval.
AB710, s. 623
4Section
623
. 67.16 of the statutes is created to read:
AB710,523,5
567.16 General obligation-local improvement bonds. (1) In this section:
AB710,523,76
(a) "Debt service fund" means the fund, however derived, set aside for the
7payment of principal and interest on bonds issued under this section.
AB710,523,98
(b) "Governing body" means the body or board vested by statute with the power
9to levy special assessments for public improvement.
AB710,523,1410
(c) "Local governmental unit" means a county, city, village, town, farm drainage
11board, sanitary district, utility district, public inland lake protection and
12rehabilitation district or any other public board, commission or district, except a 1st
13class city, authorized by law to levy special assessments for public improvements
14against the property benefited by the special improvements.
AB710,523,1715
(d) "Public improvement" means the result of the performance of work or the
16furnishing of materials or both, for which special assessments are authorized to be
17levied against the property benefited by the special assessment.
AB710,523,21
18(2) (a) For the purpose of anticipating the collection of special assessments
19payable in instalments under s. 66.0621 (3), the governing body of a local
20governmental unit, after the instalments have been determined, may issue general
21obligation-local improvement bonds under this section.
AB710,523,25
22(3) After the expiration of 90 days from the date of a general obligation-local
23improvement bond, the bond is conclusive evidence of the legality of all proceedings
24up to and including the issue of the bond and prima facie evidence of the proper
25construction of the improvement.
Note: Provisions of s. 66.54 relating to general obligation-local improvement
bonds are relocated to ch. 67, relating to general obligation debt. See also
Section 518 of this bill.
AB710, s. 624
1Section
624. 70.11 (18) of the statutes is amended to read:
AB710,524,32
70.11
(18) Housing. Property of housing authorities exempt from taxation
3under
ss. 66.39 (9) and 66.40 (22) s. 66.1201 (22).
AB710, s. 625
4Section
625. 74.53 (1) (b) of the statutes is amended to read:
AB710,524,95
74.53
(1) (b) The cost of razing and removing property and restoring the site
6to a dust-free and erosion-free condition incurred under s.
66.05 (2), (5), (8) (bg) or
7(10) 66.0413 (1) (br) 2., (f), (g) or (i), (2) (d) or (4) or of filling an excavation incurred
8under s.
66.05 (6) 66.0427 if the person owned the property when the property was
9razed and removed and the site restored or the excavation was filled.
AB710, s. 626
10Section
626. 85.20 (3) (b) 4. of the statutes is amended to read:
AB710,524,1311
85.20
(3) (b) 4. The eligible applicant complies with any applicable provisions
12of ss. 59.58 (2) (j) 2., (k) 2. and (L) and (3) (h) 2. and (j)
, 66.94 (30m) and
66.943 66.1021 13(10) (b), (11) (b) and (12) with respect to limitation on service.
AB710, s. 627
14Section
627. 87.01 (7) of the statutes is amended to read:
AB710,524,1615
87.01
(7) "Public service corporation" means any corporation specified in s.
16200.01 201.01.
AB710, s. 628
17Section
628. 103.49 (1) (d), (3) (a) and (b), (4r), (5) (a) and (b), (6m) (a) to (e)
18and (7) (a) and (d) of the statutes are amended to read:
AB710,525,219
103.49
(1) (d)
"Prevailing 1. Except as provided in subd. 2., "prevailing wage
20rate" for any trade or occupation engaged in the erection, construction, remodeling,
21repairing or demolition of any project of public works in any area means the hourly
22basic rate of pay, plus the hourly contribution for health insurance benefits, vacation
23benefits, pension benefits and any other bona fide economic benefit, paid directly or
1indirectly for a majority of the hours worked in the trade or occupation on projects
2in the area
, or if.
AB710,525,11
32. If there is no rate at which a majority of the hours worked in the trade or
4occupation on projects in the area is paid,
then the
"prevailing wage rate
" for any
5trade or occupation engaged in the erection, construction, remodeling, repairing or
6demolition of any project of public works in any area
shall be means the average
7hourly basic rate of pay, weighted by the number of hours worked, plus the average
8hourly contribution, weighted by the number of hours worked, for health insurance
9benefits, vacation benefits, pension benefits and any other bona fide economic
10benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay
11of the highest-paid 51% of hours worked in that trade or occupation.
AB710,526,2
12(3) (a) Before bids are asked for any work to which this section applies, the state
13agency having the authority to prescribe the specifications shall apply to the
14department to determine the prevailing wage rate and prevailing hours of labor for
15each trade or occupation required in the work under contemplation in the area in
16which the work is to be done. The department shall make
such investigations and
17hold
such public hearings as
may be necessary to define the trades or occupations
18that are commonly employed on projects that are subject to this section and to inform
19itself as to the prevailing wage rates and prevailing hours of labor in all areas of the
20state for those trades or occupations
, with a view to ascertaining the prevailing wage
21rate and prevailing hours of labor for each
such trade or occupation. The department
22shall issue its determination within 30 days after receiving the request and shall file
23the
same determination with the
requesting state agency
applying therefor. For the
24information of the employes working on the project, the prevailing wage rates and
25prevailing hours of labor determined by the department and the provisions of subs.
1(2) and (6m) shall be kept posted by the state agency in at least one conspicuous and
2easily accessible place on the site of the project.
AB710,526,123
(b) Any person may request a recalculation of any portion of a determination
4within 30 days after the initial determination date if the person submits evidence
5with the request showing that the prevailing wage rate or prevailing hours of labor
6for any given trade or occupation included in the initial determination does not
7represent the prevailing wage rate or prevailing hours of labor for that trade or
8occupation in the area.
Such The evidence shall include wage rate and hours of labor
9information for work performed in the contested trade or occupation in the area
10within the previous 12 months. The department shall affirm or modify the initial
11determination within 15 days after the date on which the department receives the
12request for recalculation.
AB710,526,20
13(4r) Compliance. (a) When the department finds that a state agency has not
14requested a determination under sub. (3) (a) or that a state agency, contractor or
15subcontractor has not physically incorporated a determination into a contract or
16subcontract as required under sub. (2) or has not notified a minor subcontractor of
17a determination in the manner prescribed by the department by rule promulgated
18under sub. (2), the department shall notify the state agency, contractor or
19subcontractor of
such the noncompliance and shall file the determination with the
20state agency, contractor or subcontractor within 30 days after such notice.
AB710,526,2521
(b) Upon completion of a project and before receiving final payment for his or
22her work on the project, each agent or subcontractor shall furnish the contractor with
23an affidavit stating that the agent or subcontractor has complied fully with the
24requirements of this section. A contractor may not authorize final payment until
25such an the affidavit is filed in proper form and order.
AB710,527,14
1(c) Upon completion of a project and before receiving final payment for his or
2her work on the project, each contractor shall file with the state agency authorizing
3the work an affidavit stating that the contractor has complied fully with the
4requirements of this section and that the contractor has received an affidavit under
5par. (b) from each of the contractor's agents and subcontractors. A state agency may
6not authorize a final payment until
such an the affidavit is filed in proper form and
7order. If a state agency authorizes a final payment before
such an affidavit is filed
8in proper form and order or if the department determines, based on the greater
9weight of the credible evidence, that any person specified in sub. (2m) has been or
10may have been paid less than the prevailing wage rate or less than 1.5 times the
11hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
12and requests that the state agency withhold all or part of the final payment, but the
13state agency fails to do so, the state agency is liable for all back wages payable up to
14the amount of the final payment.
AB710,527,19
15(5) (a) Each contractor, subcontractor or
contractor's or subcontractor's agent
16thereof performing work on a project that is subject to this section shall keep full and
17accurate records clearly indicating the name and trade or occupation of every person
18described in sub. (2m) and an accurate record of the number of hours worked by each
19of those persons and the actual wages paid
therefor
for the hours worked.
AB710,528,520
(b) It shall be the duty of the department to enforce this section. To this end
21it may demand and examine, and
it shall be the duty of every contractor,
22subcontractor and
contractor's and subcontractor's agent
thereof to shall keep
, and
23furnish
to upon request by the department, copies of payrolls and other records and
24information relating to the wages paid to persons described in sub. (2m) for work to
25which this section applies. The department may inspect records in the manner
1provided in this chapter and chs. 104 to 106.Every contractor, subcontractor or agent
2performing work on a project that is subject to this section is subject to the
3requirements of ch. 101 relating to the examination of records. Section 111.322 (2m)
4applies to discharge and other discriminatory acts arising in connection with any
5proceeding under this section.
AB710,528,10
6(6m) (a) Except as provided in pars. (b), (d) and (f), any contractor,
7subcontractor or
contractor's or subcontractor's agent
thereof who violates this
8section may be fined not more than $200 or imprisoned for not more than 6 months
9or both. Each day that
any such a violation continues
shall be considered is a
10separate offense.
AB710,528,1811
(b) Whoever induces any individual who seeks to be or is employed on any
12project that is subject to this section to give up, waive or return any part of the wages
13to which the individual is entitled under the contract governing
such the project, or
14who reduces the hourly basic rate of pay normally paid to an employe for work on a
15project that is not subject to this section during a week in which the employe works
16both on a project that is subject to this section and on a project that is not subject to
17this section, by threat not to employ, by threat of dismissal from
such employment
18or by any other means is guilty of an offense under s. 946.15 (1).
AB710,529,219
(c) Any person employed on a project that is subject to this section who
20knowingly permits a contractor, subcontractor or
contractor's or subcontractor's 21agent
thereof to pay him or her less than the prevailing wage rate set forth in the
22contract governing
such the project, who gives up, waives or returns any part of the
23compensation to which he or she is entitled under the contract, or who gives up,
24waives or returns any part of the compensation to which he or she is normally
25entitled for work on a project that is not subject to this section during a week in which
1the person works both on a project that is subject to this section and on a project that
2is not subject to this section, is guilty of an offense under s. 946.15 (2).
AB710,529,83
(d) Whoever induces any individual who seeks to be or is employed on any
4project that is subject to this section to permit any part of the wages to which the
5individual is entitled under the contract governing
such the project to be deducted
6from the individual's pay is guilty of an offense under s. 946.15 (3), unless the
7deduction would be permitted under
29 CFR 3.5 or
3.6 from an individual who is
8working on a project that is subject to
40 USC 276c.
AB710,529,139
(e) Any person employed on a project that is subject to this section who
10knowingly permits any part of the wages to which he or she is entitled under the
11contract governing
such the project to be deducted from his or her pay is guilty of an
12offense under s. 946.15 (4), unless the deduction would be permitted under
29 CFR
133.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c.
AB710,530,2
14(7) (a) Except as provided under pars. (b) and (c), the department shall
15distribute to all state agencies and to the University of Wisconsin Hospitals and
16Clinics Authority a list of all persons whom the department has found to have failed
17to pay the prevailing wage rate determined under sub. (3) or has found to have paid
18less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
19prevailing hours of labor determined under sub. (3) at any time in the preceding 3
20years. The department shall include with any
such name the address of
such the 21person and shall specify when
such the person failed to pay the prevailing wage rate
22and when
such the person paid less than 1.5 times the hourly basic rate of pay for
23all hours worked in excess of the prevailing hours of labor. A state agency or the
24University of Wisconsin Hospitals and Clinics Authority may not award any contract
25to
such the person unless otherwise recommended by the department or unless 3
1years have elapsed from the date the department issued its findings or date of final
2determination by a court of competent jurisdiction, whichever is later.
AB710,530,113
(d) Any person submitting a bid on a project that is subject to this section shall
4be required, on the date the person submits the bid,
to identify any construction
5business in which the person, or a shareholder, officer or partner of the person, if the
6person is a business, owns, or has owned at least a 25% interest on the date the person
7submits the bid or at any other time within 3 years preceding the date the person
8submits the bid, if the business has been found to have failed to pay the prevailing
9wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly
10basic rate of pay for all hours worked in excess of the prevailing hours of labor
11determined under sub. (3).
Note: For consistency, s. 103.49 (prevailing wage rates for state building
projects) is amended to make editorial changes that parallel those made to
current s. 66.293 (prevailing wage rates for municipalities) by Section 335.
AB710, s. 629
12Section
629. 103.50 (1) (d), (7) (a) to (e) and (8) of the statutes are amended
13to read:
AB710,530,1814
103.50
(1) (d)
"Prevailing 1. Except as provided in subd. 2., "prevailing wage
15rate" for any trade or occupation in any area means the hourly basic rate of pay, plus
16the hourly contribution for health insurance benefits, vacation benefits, pension
17benefits and any other bona fide economic benefit, paid directly or indirectly, for a
18majority of the hours worked in the trade or occupation in the area
, or if.