(bm) Any person may request a recalculation of any portion of an initial
determination within 30 days after the initial determination date if the person submits
evidence with the request showing that the prevailing wage rate for any given trade or
occupation included in the initial determination does not represent the prevailing wage
rate for that trade or occupation in the area. The evidence shall include wage rate
information reflecting work performed by persons working in the contested trade or
occupation in the area during the current survey period. The department shall affirm or
modify the initial determination within 15 days after the date on which the department
receives the request for recalculation.
AB969, s. 53
4Section
53. The treatment of 66.0903 (9) (c) of the statutes by
1999 Wisconsin
5Act 70, section
12, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710),
6section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01,
s. 66.0903 (9) (c) reads:
(c) Upon completion of a project and before receiving final payment for his or her
work on the project, each contractor shall file with the local governmental unit
authorizing the work an affidavit stating that the contractor has complied fully with the
requirements of this section and that the contractor has received an affidavit under par.
(b) from each of the contractor's agents and subcontractors. A local governmental unit
may not authorize a final payment until the affidavit is filed in proper form and order.
If a local governmental unit authorizes a final payment before an affidavit is filed in
proper form and order or if the department determines, based on the greater weight of
the credible evidence, that any person performing the work specified in sub. (4) has been
or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly
basic rate of pay for all hours worked in excess of the prevailing hours of labor and
requests that the local governmental unit withhold all or part of the final payment, but
the local governmental unit fails to do so, the local governmental unit is liable for all back
wages payable up to the amount of the final payment.
AB969, s. 54
7Section
54. The treatment of 66.0903 (10) (a) of the statutes by
1999 Wisconsin
8Act 70, section
13, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710),
9section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01,
s. 66.0903 (10) (a) reads:
(a) Each contractor, subcontractor or contractor's or subcontractor's agent
performing work on a project that is subject to this section shall keep full and accurate
records clearly indicating the name and trade or occupation of every person performing
the work described in sub. (4) and an accurate record of the number of hours worked by
each of those persons and the actual wages paid for the hours worked.
AB969, s. 55
1Section
55. The treatment of 66.0903 (10) (b) of the statutes by
1999 Wisconsin
2Act 70, section
14, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710),
3section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01,
s. 66.0903 (10) (b) reads:
(b) The department or the contracting local governmental unit may demand and
examine, and every contractor, subcontractor and contractor's or subcontractor's agent
shall keep, and furnish upon request by the department or local governmental unit,
copies of payrolls and other records and information relating to the wages paid to persons
performing the work described in sub. (4) for work to which this section applies. The
department may inspect records in the manner provided in ch. 103. Every contractor,
subcontractor or agent performing work on a project that is subject to this section is
subject to the requirements of ch. 103 relating to the examination of records.
AB969, s. 56
4Section
56. The treatment of 66.0903 (11) (a) of the statutes by
1999 Wisconsin
5Act 70, section
17, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710),
6section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01,
s. 66.0903 (11) (a) reads:
(a) Any contractor, subcontractor or contractor's or subcontractor's agent, who fails
to pay the prevailing wage rate determined by the department under sub. (3) or who pays
less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
prevailing hours of labor, is liable to any affected employe in the amount of his or her
unpaid wages or his or her unpaid overtime compensation and in an additional equal
amount as liquidated damages. An action to recover the liability may be maintained in
any court of competent jurisdiction by any employe for and in behalf of that employe and
other employes similarly situated. No employe may be a party plaintiff to the action
unless the employe consents in writing to become a party and the consent is filed in the
court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and
costs to be paid by the defendant.
AB969, s. 57
7Section
57. The treatment of 66.0903 (11) (b) 2. of the statutes by
1999
8Wisconsin Act 70, section
18, is not repealed by 1999 Wisconsin Act .... (Assembly Bill
9710), section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01,
s. 66.0903 (11) (b) 2. reads:
2. Whoever induces any person who seeks to be or is employed on any project that
is subject to this section to give up, waive or return any part of the wages to which the
person is entitled under the contract governing the project, or who reduces the hourly
basic rate of pay normally paid to a person for work on a project that is not subject to this
section during a week in which the person works both on a project that is subject to this
section and on a project that is not subject to this section, by threat not to employ, by threat
of dismissal from employment or by any other means is guilty of an offense under s. 946.15
(1).
AB969, s. 58
1Section
58. The treatment of 66.0903 (11) (b) 4. of the statutes by
1999
2Wisconsin Act 70, section
19, is not repealed by 1999 Wisconsin Act .... (Assembly Bill
3710), section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01,
s. 66.0903 (11) (b) 4. reads:
4. Whoever induces any person who seeks to be or is employed on any project that
is subject to this section to permit any part of the wages to which the person is entitled
under the contract governing the project to be deducted from the person's pay is guilty
of an offense under s. 946.15 (3), unless the deduction would be permitted under
29 CFR
3.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c.
AB969, s. 59
4Section
59. The treatment of 66.0903 (12) (a) of the statutes by
1999 Wisconsin
5Act 70, section
21, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710),
6section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01,
s. 66.0903 (12) (a) reads:
(a) Except as provided under pars. (b) and (c), the department shall notify any local
governmental unit applying for a determination under sub. (3) and any local
governmental unit exempted under sub. (6) of the names of all persons whom the
department has found to have failed to pay the prevailing wage rate determined under
sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all
hours worked in excess of the prevailing hours of labor at any time in the preceding 3
years. The department shall include with each name the address of the person and shall
specify when the person failed to pay the prevailing wage rate and when the person paid
less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
prevailing hours of labor. A local governmental unit may not award any contract to the
person unless otherwise recommended by the department or unless 3 years have elapsed
from the date the department issued its findings or the date of final determination by a
court of competent jurisdiction, whichever is later.
AB969, s. 60
7Section
60. The treatment of 66.0903 (12) (d) of the statutes by
1999 Wisconsin
8Act 70, section
23, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710),
9section 335. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01,
s. 66.0903 (12) (d) reads:
(d) Any person submitting a bid or negotiating a contract on a project that is subject
to this section shall, on the date the person submits the bid or negotiates the contract,
identify any construction business in which the person, or a shareholder, officer or
partner of the person, if the person is a business, owns, or has owned at least a 25%
interest on the date the person submits the bid or negotiates the contract or at any other
time within 3 years preceding the date the person submits the bid or negotiates the
contract, if the business has been found to have failed to pay the prevailing wage rate
determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay
for all hours worked in excess of the prevailing hours of labor.
AB969, s. 61
1Section
61. The treatment of 66.1011 (1) of the statutes by
1999 Wisconsin Act
282, section
23, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section
3447. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.1011 (1)
reads:
(1) Declaration of policy. The right of all persons to have equal opportunities for
housing regardless of their sex, race, color, physical condition, disability as defined in s.
106.50 (1m) (g), sexual orientation as defined in s. 111.32 (13m), religion, national origin,
marital status, family status as defined in s. 106.50 (1m) (k), lawful source of income, age
or ancestry is a matter both of statewide concern under ss. 101.132 and 106.50 and also
of local interest under this section and s. 66.0125. The enactment of ss. 101.132 and
106.50 by the legislature does not preempt the subject matter of equal opportunities in
housing from consideration by political subdivisions, and does not exempt political
subdivisions from their duty, nor deprive them of their right, to enact ordinances which
prohibit discrimination in any type of housing solely on the basis of an individual being
a member of a protected class.
AB969, s. 62
4Section
62. The treatment of 66.1011 (2) of the statutes by
1999 Wisconsin Act
582, section
28, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section
6447. Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.1011 (2)
reads:
(2) Antidiscrimination housing ordinances. Political subdivisions may enact
ordinances prohibiting discrimination in housing within their respective boundaries
solely on the basis of an individual being a member of a protected class. An ordinance may
be similar to ss. 101.132 and 106.50 or may be more inclusive in its terms or in respect
to the different types of housing subject to its provisions. An ordinance establishing a
forfeiture as a penalty for violation may not be for an amount that is less than the
statutory forfeitures under s. 106.50 (6) (h). An ordinance may permit a complainant,
aggrieved person or respondent to elect to remove the action to circuit court after a finding
has been made that there is reasonable cause to believe that a violation of the ordinance
has occurred. An ordinance may authorize the political subdivision, at any time after a
complaint has been filed alleging an ordinance violation, to file a complaint in circuit
court seeking a temporary injunction or restraining order pending final disposition of the
complaint.
AB969, s. 63
1Section
63. The treatment of 66.184 of the statutes by
1999 Wisconsin Act 9 2is not repealed by 1999 Wisconsin Act .... (Senate Bill 136). Both treatments stand.
Note: There is no conflict of substance. As merged by the Revisor, effective on the
first day of the 6th month beginning after the publication of 1999 Wis. Act (sb 136), s.
66.184 reads as follows. Section 66.184 is renumbered to s. 66.0137 (4) by 1999 Wis. Act
(ab 710), effective January 1, 2001.
66.184 Self-insured health plans. If a city, including a 1st class city, or a village
provides health care benefits under its home rule power, or if a town provides health care
benefits, to its officers and employes on a self-insured basis, the self-insured plan shall
comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2.,
632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (14), 632.896 and
767.25 (4m) (d).
Note: There is no conflict of substance. As merged by the Revisor, s. 73.0301 (1)
(d) 6. reads:
6. A license or certificate of registration issued by the department of financial
institutions, or a division of it, under ss. 138.09, 138.12, 217.06, 218.0101 to 218.0163,
218.02, 218.04, 218.05, 224.72, 224.93 or under subch. III of ch. 551.
Note: There is no conflict of substance. As merged by the Revisor, s. 66.1011 (2)
reads:
(2) There is imposed a fee at the rate of 3%, or 5% for the rental of limousines, of
the gross receipts on the rental, but not for rerental and not for rental as a service or repair
replacement vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of mobile homes,
as defined in s. 340.01 (29); of motor homes, as defined in s. 340.01 (33m); and of camping
trailers, as defined in s. 340.01 (6m) by establishments primarily engaged in short-term
rental of vehicles without drivers, for a period of 30 days or less, unless the sale is exempt
from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a).
AB969,24,610
84.09
(4) The cost of the lands and interests acquired and damages allowed
11pursuant to this section, expenses incidental thereto, expenses of the county
12highway committee incurred in performing duties under this section and the county
1highway committee's customary per diem, or a per diem not to exceed the lawful rate
2permitted for members of county boards if the highway committee members receive
3an annual salary, are paid out of the available improvement or maintenance funds.
4Members of a highway committee who receive an annual salary shall be entitled to
5the per diem
paid, as compensation for their services, in addition to their annual
6salary fixed pursuant to s. 59.10 (3) (i).
Note: The underscored text was inserted by
1999 Wis. Act 83 without being shown
as underscored. The change was intended.
AB969, s. 67
7Section
67. 84.61 of the statutes is repealed.
Note: By its terms, this provision has no application after June 30, 1999.
AB969, s. 68
8Section
68. 93.06 (1f) of the statutes is amended to read:
AB969,24,169
93.06
(1f) Animal health inspection and testing. Perform animal health
10inspections and tests and examine animal health documentation at the state fair, the
11world dairy expo, inc., the world beef expo, the midwest horse
show fair and other
12livestock exhibitions held in this state and attended by participants from outside of
13this state, as specified by the department by rule. The department may charge a fee
14to the sponsor of the exhibition to cover the reasonable costs of the department's
15inspection and testing services whether or not the sponsor requests the services.
16This subsection does not apply to county fairs or other local livestock exhibitions.
Note: Corrects name.
AB969,25,619
101.14
(4) (b) 3. The rules of the department shall require every residence hall
20and dormitory over 60 feet in height
, the initial construction of which was begun
21before April 26, 2000, that is owned or operated by the board of regents of the
22University of Wisconsin System to contain an automatic fire sprinkler system on
1each floor by January 1, 2006. Notwithstanding par. (c) 1., the rules of the
2department shall further require every residence hall and dormitory
, the initial
3construction of which is begun on or after April 26, 2000, that is owned or operated
4by the board of regents of the University of Wisconsin System to have an automatic
5fire sprinkler system installed on each floor at the time the residence hall or
6dormitory is constructed.
Note: Inserts commas to correct grammar.
AB969,25,139
101.952
(5) The provision of s.
218.01 (3) 218.0116 relating to the denial,
10suspension and revocation of a motor vehicle salesperson's license shall apply to the
11denial, suspension and revocation of a manufactured home salesperson's license so
12far as applicable, except that such provision does not apply to the denial, suspension
13or revocation of a license under s. 101.02 (21) (b).
AB969,25,1816
101.952
(6) The provisions of
s. 218.01 (3) (g) and (5) ss. 218.0116 (9) and
17218.0152 shall apply to this section, manufactured home sales practices and the
18regulation of manufactured home salespersons, as far as applicable.
Note: Sections 218.01 (3) (g) and (5) were renumbered to ss. 218.0116 (9) and
218.0152 by
1999 Wis. Act 31.
Note: 1999 Wis. Act 82 renumbered s. 106.04 (10) (d) (title) to be s. 106.52 (10) (d)
(title). The remainder of s. 106.04 (10) was renumbered to s. 106.52 (4).
Note: There is no conflict of substance. As merged by the Revisor, effective
11-1-00, s. 108.05 (3) (a) reads:
(a) Except as provided in pars. (b) and (c), if an eligible employe earns wages in a
given week, the first $30 of the wages shall be disregarded and the employe's applicable
weekly benefit payment shall be reduced by 67% of the remaining amount, except that
no such employe is eligible for benefits if the employe's benefit payment would be less
than $5 for any week. For purposes of this paragraph, "wages" includes any salary
reduction amounts earned that are not wages and that are deducted from the salary of
a claimant by an employer pursuant to a salary reduction agreement under a cafeteria
plan, within the meaning of
26 USC 125, and any amount that a claimant would have
earned in available work which is treated as wages under s. 108.04 (1) (a), but excludes
any amount that a claimant earns for services performed as a volunteer fire fighter,
volunteer emergency medical technician or volunteer first responder. In applying this
paragraph, the department shall disregard discrepancies of less than $2 between wages
reported by employes and employers.
AB969, s. 74
3Section
74. 110.10 (intro.) of the statutes, as created by 1999 Wisconsin Act
4.... (Senate Bill 125), is amended to read:
AB969,26,8
5110.10 Ignition interlock device program. (intro.)
The department shall
6promulgate rules providing for the implementation of an ignition interlock device
7program that will be conveniently available to persons throughout this state. The
8rules shall include provisions regarding all of
the following:
Note: Inserts missing article.
AB969,26,1711
115.28
(24) Priority in awarding grants. Give priority in awarding grants
to
12local community organizations under sub. (21) and to school boards under ss. 115.36
13and 115.361, and in awarding grants from federal funds received under
20 USC 2301 14to
2471,
20 USC 4601 to
4665 and
29 USC 2862 (b) (1) (B), to programs that provide
15more than one of the educational services specified under s. 115.36, 115.361, 115.915,
16118.01 (2) (d) 7. or 8. or 118.153 or
20 USC 2301 to
2471,
20 USC 4601 to
4665 or
29
17USC 2862 (b) (1) (B).
Note: There is no conflict of substance. As merged by the Revisor, s. 118.30 (2) (b)
1. reads:
1. If a pupil is enrolled in a special education program under subch. V of ch. 115,
the school board or operator of the charter school under s. 118.40 (2r) shall comply with
s. 115.77 (1m) (bg).
Note: There is no conflict of substance. As merged by the Revisor, s. 119.04 (1)
reads:
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and
(2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001
to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15,
118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f),
(6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55,
120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
(35) and (37) and 120.14 are applicable to a 1st class city school district and board.
AB969, s. 78
5Section
78
. The treatment of 119.04 (1) of the statutes by
1999 Wisconsin Acts
69 and
73 is not repealed by 1999 Wisconsin Act .... (Senate Bill 710). All treatments
7stand.
Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01,
s. 119.04 (1) reads:
(1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and
(2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001
to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15,
118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f),
(6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55,
120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34),
(35) and (37), 120.14 and 120.25 are applicable to a 1st class city school district and board.
AB969, s. 79
8Section
79. 119.25 (2) (d) 6. of the statutes, as created by 1999 Wisconsin Act
9.... (Assembly Bill 447), is amended to read:
AB969,28,1210
119.25
(2) (d) 6. Within 5 school days after the revocation of a pupil's early
11reinstatement under subd. 4., the pupil or, if the pupil is a minor, the pupil's parent
12or guardian may request a conference with the superintendent of schools or his or
1her designee, who shall be someone other than a principal, administrator or teacher
2in the pupil's school. If a conference is requested, it shall be held within 5 school days
3following the request. If, after the conference, the superintendent of schools or his
4or her designee finds that the pupil did not violate an early reinstatement condition
5or that the revocation was inappropriate, the pupil shall be reinstated to school
6under the same reinstatement conditions as in the expulsion order and the early
7reinstatement revocation shall be expunged from the pupil's record. If the
8superintendent of schools or his or her designee finds that the pupil violated an early
9reinstatement condition and that the revocation was appropriate, he or she shall
10mail separate copies of the decision to the pupil and, if the pupil is a minor, to the
11pupil's parent or guardian. The decision of the superintendent of schools or
his or 12her designee is final.
Note: Inserts missing pronoun consistent with the remainder of the subdivision.
AB969,28,1715
120.13
(1) (b) 2m. In subdivision 2. c. and d., conduct that endangers a person
16or property includes making a threat to the health or safety of a person or making
17a threat to damage a property.
Note: The underscored language was inserted by
1999 Wis. Act 83 without being
shown as underscored. The change was intended.
AB969, s. 81
18Section
81. The treatment of 120.13 (2) (g) of the statutes by
1999 Wisconsin
19Act 9 is not repealed by 1999 Wisconsin Act .... (Senate Bill 136). Both treatments
20stand.
Note: There is no conflict of substance. As merged by the Revisor, s. 120.13 (2) (g)
reads:
(g) Every self-insured plan under par. (b) shall comply with ss. 49.493 (3) (d),
631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853,
632.855, 632.87 (4) and (5), 632.895 (9) to (14), 632.896 and 767.25 (4m) (d).
AB969, s. 82
1Section
82. 120.25 (5) of the statutes, as affected by 1999 Wisconsin Act ....
2(Assembly Bill 710), section 357, is amended to read:
AB969,29,103
120.25
(5) At least 30 days prior to entering into a contract under this section
4or a modification or extension of the contract, the school boards of the districts
5involved or their designated agent shall file the proposed agreement with the state
6superintendent to enable the
department state superintendent or state
7superintendent's designee to assist and advise the school boards involved in regard
8to the applicable recognized accounting procedure for the administration of the
9school aid programs. The state superintendent shall review the terms of the
10proposed contract to ensure that each participating district's interests are protected.
Note: The stricken language was inserted without being shown as underscored
and the underscored language was deleted without being shown as stricken by 1999 Wis.
Act (ab 710). No change was intended.