LRB-2524/1
RPN&MGD:jld:ch&kjf
2001 - 2002 LEGISLATURE
February 14, 2001 - Printed by direction of Senate Chief Clerk.
AB42-engrossed,1,7
1An Act to repeal 20.410 (1) (ed);
to renumber and amend 302.44;
to amend
213.48 (19), 13.48 (27), 20.410 (1) (ab), 59.53 (8), 59.54 (14) (a), 109.09 (1), 111.322
3(2m) (c), 227.01 (13) (t), 302.01, 302.34, 946.15 (1), 946.15 (2), 946.15 (3), 946.15
4(4) and 973.03 (1); and
to create 20.924 (1) (i), 20.924 (1) (j), 301.19, 301.235
5(2) (dm) and 302.44 (2) of the statutes;
relating to: the construction, lease, and
6operation of correctional facilities, making an appropriation, and providing
7penalties.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2001 Assembly Bill 42 consists of the bill, as affected by
the following documents adopted by the assembly on February 14, 2001: the bill as
affected by Assembly Amendment 2 (as affected by Assembly Amendment 1 thereto),
Assembly Amendment 3, and Assembly Amendment 4.
Content of Engrossed 2001 Assembly Bill 42:
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.
The bill also imposes certain limitations on the building commission's authority
to lease or acquire a correctional facility. Under the bill, the building commission
may not lease an adult correctional facility unless: 1) the lessor complied with
certain "prevailing wage" requirements that typically apply to state or local public
works projects; or 2) the construction of the correctional facility began before October
1, 1999. In addition, the building commission may not lease or acquire an adult or
juvenile correctional facility unless: 1) construction of the correctional facility began
after it was enumerated in the authorized state building program; or 2) construction
was completed before January 1, 2001.
In addition, the bill prohibits private persons from constructing an adult or
juvenile correctional facility for use by DOC or converting an existing building,
structure, or facility into a DOC adult or juvenile correctional facility unless: 1) the
correctional facility is enumerated in the authorized state building program; 2) the
construction is undertaken under contract with one or two counties, the federal
government, or an American Indian tribe or band; or 3) the construction of the
building, structure, or facility was completed before January 1, 2001, and the
building, structure, or facility was designed to confine persons convicted of crimes.
The bill also names the penitentiary near Stanley the "Stanley Correctional
Institution."
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB42-engrossed,3,22
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) and (j), 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) and (j), the building commission may also authorize the lease, lease
1purchase or acquisition of existing facilities in lieu of state construction of any project
2enumerated in the authorized state building program.
AB42-engrossed,3,104
13.48
(27) Lease of correctional facilities. The Subject to s. 20.924 (1) (i) and
5(j), the building commission may lease any facility for use of the department of
6corrections as a part of the authorized state building program, with an option to
7purchase the facility by the state. Any lease shall provide for the facility to be
8constructed in accordance with requirements and specifications approved by the
9department of administration and shall permit inspection of the site and facility by
10agents of the department.
AB42-engrossed,3,1812
20.410
(1) (ab)
Corrections contracts
and, agreements and leases. The amounts
13in the schedule for payments made in accordance with contracts entered into under
14ss. 301.21, 302.25 and 302.27, contracts entered into with the federal government
15under
18 USC 5003 and intra-agency agreements relating to the placement of
16prisoners
and, subject to the approval of the joint committee on finance, for payments
17made to lease correctional facilities in this state under s. 13.48 (27) and for the
18operation of those facilities.
AB42-engrossed,4,221
20.924
(1) (i) May not lease or authorize the leasing of any building, structure,
22or facility, or portion thereof for initial occupancy by the department of corrections
23for the purpose of confining persons serving a sentence of imprisonment to the
24Wisconsin state prisons under ch. 973 unless the construction of the building,
1structure or facility or its conversion into a correctional facility began before October
21, 1999, or unless the lessor has done all of the following:
AB42-engrossed,4,93
1. Not permit any employee working on the building, structure, or facility, or
4portion thereof, who would be entitled to receive the prevailing wage rate under s.
5103.49 and who would not be required or permitted to work more than the prevailing
6hours of labor, if the building, structure, or facility, or portion thereof, were a project
7of public works subject to s. 103.49, to be paid less than the prevailing wage rate or
8to be required or permitted to work more than the prevailing hours of labor, except
9as permitted under s. 103.49 (2).
AB42-engrossed,4,1410
2. Require any contractor, subcontractor, or agent thereof performing work on
11the building, structure, or facility, or portion thereof, to keep and permit inspection
12of records in the same manner as a contractor, subcontractor, or agent thereof
13performing work on a project of public works that is subject to s. 103.49 is required
14to keep and permit inspection of records under s. 103.49 (5).
AB42-engrossed,4,2115
3. Otherwise comply with s. 103.49 in the same manner as a state agency
16contracting for the erection, construction, remodeling, repairing, or demolition of a
17project of public works is required to comply with s. 103.49 and to require any
18contractor, subcontractor, or agent thereof performing work on the building,
19structure, or facility, or portion thereof, to comply with s. 103.49 in the same manner
20as a contractor, subcontractor, or agent thereof performing work on a project of public
21works that is subject to s. 103.49 is required to comply with s. 103.49.
AB42-engrossed,5,623
20.924
(1) (j) May not lease or acquire or authorize the leasing or acquisition
24of any building, structure, or facility or portion thereof for initial occupancy by the
25department of corrections for the purpose of confining persons serving a sentence of
1imprisonment to the Wisconsin state prisons under ch. 973 or for the purpose of
2confining juveniles alleged or found to be delinquent unless the construction of the
3building, structure, or facility or the conversion of the building, structure, or facility
4into a correctional facility either was completed before January 1, 2001, or began
5after the building, structure, or facility was enumerated in the authorized state
6building program.
AB42-engrossed,5,158
59.53
(8) Rehabilitation facilities. The board may establish and maintain
9rehabilitation facilities in any part of the county under the jurisdiction of the sheriff
10as an extension of the jail, or separate from the jail under jurisdiction of a
11superintendent, to provide any person sentenced to the county jail with a program
12of rehabilitation for such part of the person's sentence or commitment as the court
13determines will be of rehabilitative value to the prisoner. Rehabilitation facilities
14may be located outside of the county under a cooperative agreement under s. 302.44
15(1).
AB42-engrossed,5,2217
59.54
(14) (a) A county shall provide a courthouse, fireproof offices and other
18necessary buildings at the county seat and keep them in good repair. A county shall
19provide a jail or enter into a cooperative agreement under s. 302.44
(1) for the
20cooperative establishment and use of a jail. The jail and rehabilitation facilities as
21extensions of the jail need not be at the county seat and may be located outside of the
22county under a cooperative agreement under s. 302.44
(1).
AB42-engrossed,6,1924
109.09
(1) The department shall investigate and attempt equitably to adjust
25controversies between employers and employees as to alleged wage claims. The
1department may receive and investigate any wage claim which is filed with the
2department, or received by the department under s. 109.10 (4), no later than 2 years
3after the date the wages are due. The department may, after receiving a wage claim,
4investigate any wages due from the employer against whom the claim is filed to any
5employee during the period commencing 2 years before the date the claim is filed.
6The department shall enforce this chapter and ss.
20.924 (1) (i) 1., 2., and 3., 66.0903,
7103.02, 103.49, 103.82, 104.12 and 229.8275. In pursuance of this duty, the
8department may sue the employer on behalf of the employee to collect any wage claim
9or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions.
10Except for actions under s. 109.10, the department may refer such an action to the
11district attorney of the county in which the violation occurs for prosecution and
12collection and the district attorney shall commence an action in the circuit court
13having appropriate jurisdiction. Any number of wage claims or wage deficiencies
14against the same employer may be joined in a single proceeding, but the court may
15order separate trials or hearings. In actions that are referred to a district attorney
16under this subsection, any taxable costs recovered by the district attorney shall be
17paid into the general fund of the county in which the violation occurs and used by that
18county to meet its financial responsibility under s. 978.13 (2) for the operation of the
19office of the district attorney who prosecuted the action.
AB42-engrossed,6,2421
111.322
(2m) (c) The individual files a complaint or attempts to enforce a right
22under s.
20.924 (1) (i) 1., 2., or 3., 66.0903, 103.49 or 229.8275 or testifies or assists
23in any action or proceeding under s.
20.924 (1) (i) 1., 2., or 3., 66.0903, 103.49 or
24229.8275.
AB42-engrossed,7,5
1227.01
(13) (t) Ascertains and determines prevailing wage rates under
ss. s.
220.924 (1) (i), 66.0903, 103.49, 103.50
and, or 229.8275, except that any action or
3inaction which ascertains and determines prevailing wage rates under
ss. s. 20.924
4(1) (i), 66.0903, 103.49, 103.50
and, or 229.8275 is subject to judicial review under s.
5227.40.
AB42-engrossed,7,8
7301.19 Construction of correctional facilities by private persons. (1)
8In this section:
AB42-engrossed,7,119
(a) "Authorized jurisdiction" means a county, two counties acting under s.
10302.44 (1), the United States, or a federally recognized American Indian tribe or band
11in this state.
AB42-engrossed,7,1512
(b) "Correctional facility" means a building, structure, or facility or portion
13thereof to be used to confine persons serving a sentence of imprisonment to the
14Wisconsin state prisons under ch. 973 or to confine juveniles alleged or found to be
15delinquent.
AB42-engrossed,7,19
16(2) No person may commence construction of a correctional facility or
17commence the conversion of an existing building, structure, or facility into a
18correctional facility unless the building, structure, or facility is enumerated in the
19authorized state building program.
AB42-engrossed,7,20
20(3) Subsection (2) does not apply to any of the following:
AB42-engrossed,7,2221
(a) A building, structure, or facility that is constructed or converted under a
22contract with and for use by an authorized jurisdiction.
AB42-engrossed,7,2523
(c) A building, structure, or facility the construction of which was completed
24before January 1, 2001, if the building, structure, or facility was designed to confine
25persons convicted of criminal offenses.
AB42-engrossed,8,52
301.235
(2) (dm) The department may not lease any building or any portion of
3a building under this section unless the construction of the building or its conversion
4into a correctional facility began before October 1, 1999, or unless all of the following
5apply:
AB42-engrossed,8,86
1. The lessor has met the requirements of s. 20.924 (1) (i) that would apply if
7the building or the portion of the building were being leased by the building
8commission.
AB42-engrossed,8,109
2. The building was enumerated in the authorized state building program
10before the construction or conversion began.
AB42-engrossed,9,8
12302.01 State prisons named and defined. The penitentiary at Waupun is
13named "Waupun Correctional Institution". The correctional treatment center at
14Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay
15is named "Green Bay Correctional Institution". The medium/maximum penitentiary
16at Portage is named "Columbia Correctional Institution". The medium security
17institution at Oshkosh is named "Oshkosh Correctional Institution". The medium
18security penitentiary near Fox Lake is named "Fox Lake Correctional Institution".
19The penitentiary at Taycheedah is named "Taycheedah Correctional Institution".
20The medium security penitentiary at Plymouth is named "Kettle Moraine
21Correctional Institution". The penitentiary at the village of Sturtevant in Racine
22County is named "Racine Correctional Institution". The medium security
23penitentiary at Racine is named "Racine Youthful Offender Correctional Facility".
24The resource facility at Oshkosh is named "Wisconsin Resource Center".
The
25penitentiary near Stanley is named "Stanley Correctional Institution". The
1institutions named in this section, the correctional institutions authorized under s.
2301.16 (1n) and (1v), correctional institution authorized under
1997 Wisconsin Act
34, section
4 (1) (a), correctional institution authorized under s. 301.046 (1),
4correctional institution authorized under s. 301.048 (4) (b), minimum security
5correctional institutions authorized under s. 301.13,
correctional facilities leased
6and operated by the department under s. 13.48 (27), the probation and parole holding
7facilities authorized under s. 301.16 (1q) and state-local shared correctional
8facilities when established under s. 301.14, are state prisons.
AB42-engrossed,9,15
10302.34 Use of jail of another county. Courts, judges
, and officers of any
11county having no jail and no cooperative agreement under s. 302.44
(1) may sentence,
12commit
, or deliver any person to the jail of any other county as if that jail existed in
13their own county. The sheriff of the other county shall receive and keep the prisoner
14in all respects as if committed from his or her county. The cost of the keep shall be
15paid by the county from which the prisoner was sentenced, committed
, or delivered.
AB42-engrossed,9,2518
302.44
(1) Two or more Subject to sub. (2), two counties may agree under s.
1966.0301 for the cooperative establishment and use of the jails and rehabilitation
20facilities of any of them for the detention or imprisonment of prisoners before, during
21and after trial and for sharing the expense without reference to s. 302.34. The
22sheriffs of the counties shall lodge prisoners in any jail or rehabilitation facility
23authorized by the agreement and shall endorse the commitment, if any, under s.
24302.35 in case detention or imprisonment is in the jail or rehabilitation facility of
25another county. Only jails and rehabilitation facilities approved by the department
1for the detention of prisoners may be used under the agreement. The sheriff of the
2county of arrest shall transport the prisoner to and from court and to any other
3institution whenever necessary.
AB42-engrossed,10,65
302.44
(2) No more than two counties may enter into an agreement for the
6establishment or use of a single jail or rehabilitation facility under sub. (1).
AB42-engrossed,10,228
946.15
(1) Any employer, or any agent or employee of an employer, who induces
9any person who seeks to be or is employed pursuant to a public contract as defined
10in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing
11wage rate determination has been issued by the department of workforce
12development under s.
20.924 (1) (i), 66.0903 (3), 103.49 (3), 103.50 (3) or 229.8275 (3)
13or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6)
14to give up, waive or return any part of the compensation to which that person is
15entitled under his or her contract of employment or under the prevailing wage rate
16determination issued by the department or local governmental unit, or who reduces
17the hourly basic rate of pay normally paid to an employee for work on a project on
18which a prevailing wage rate determination has not been issued under s.
20.924 (1)
19(i), 66.0903 (3) or (6), 103.49 (3), 103.50 (3) or 229.8275 (3) during a week in which
20the employee works both on a project on which a prevailing wage rate determination
21has been issued and on a project on which a prevailing wage rate determination has
22not been issued, is guilty of a Class E felony.