AB513: Bill Text

AB513, s. 45 Section 45. 66.505 (5) of the statutes is repealed.

Note: 1999 Wis. Act 150 renumbered the remainder of s. 66.505 to be s. 66.0923 and created a new s. 66.0923 (5) that treats the same subject, auditorium boards, as the prior s. 66.505 (5). The published volumes were printed without s. 66.505 (5).

AB513, s. 46 Section 46. 67.10 (3) of the statutes is amended to read:

AB513,20,5 67.10 (3) Borrowed money fund, source and use. All borrowed money shall be paid into the treasury of the municipality borrowing it, be entered in an account separate and distinct from all other funds, disbursements charged thereto shall be for the purpose for which it was borrowed and for no other purpose, except as provided by s. 67.11, but including the reimbursement of a temporary advance from other funds of the municipality or the repayment of a temporary loan by the municipality if such advance or loan has been made in anticipation of the borrowed money and for the same purpose, and such disbursements shall be only upon orders or warrants charged to said fund and expressing the purpose for which they are drawn. Money in the borrowed money fund may be temporarily invested as provided in s. 66.0603 (1) (1m).

Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered to s. 66.0603 (1m) by 1999 Wis. Act 186.

AB513, s. 47 Section 47. 67.16 (2) (c) of the statutes is amended to read:

AB513,20,10 67.16 (2) (c) If any instalment installment of the special assessment that is entered in the tax roll is not be paid to the treasurer of the local governmental unit with the other taxes, it shall be returned to the county treasurer as delinquent in trust for collection.

Note: The treatment of this provision by 1999 Wis. Act 150 rendered the stricken "be" surplusage.

AB513, s. 48 Section 48. 70.111 (25) of the statutes is amended to read:

AB513,20,15 70.111 (25) Digital broadcasting equipment. Digital broadcasting equipment owned and used by a radio station or a television station, except that this subsection does not apply to digital broadcasting equipment that is owned and used by a cable television system, as defined in s. 66.082 66.0419 (2) (d).

Note: Inserts the correct cross-reference. Section 66.082 was renumbered to s. 66.0419 by 1999 Wis. Act 150.

AB513, s. 49 Section 49. 77.994 (1) (intro.) of the statutes is amended to read:

AB513,21,2 77.994 (1) (intro.) Except as provided in sub. (2), a municipality or a county all of which is included in a premier resort area under s. 66.113 66.1113 may, by ordinance, impose a tax at a rate of 0.5% of the gross receipts from the sale, lease, or rental in the municipality or county of goods or services that are taxable under subch. III made by businesses that are classified in the standard industrial classification manual, 1987 edition, published by the U.S. office of management and budget, under the following industry numbers:

Note: Inserts the correct cross-reference. 1999 Wis. Act 150, section 672, changed the cross-reference to s. 66.307 in this provision to s. 66.113, but s. 66.307 was renumbered to s. 66.1113 by act by Act 150.

AB513, s. 50 Section 50. 79.095 (1) (bm) of the statutes is amended to read:

AB513,21,8 79.095 (1) (bm) "Special purpose district" means a metropolitan sewerage district organized under ss. 66.88 to 66.918 subch. II of ch. 200, a town sanitary district organized under subch. IX of ch. 60, a metropolitan sewerage district created under s. 66.22 200.05, or a public inland lake protection and rehabilitation district organized under subch. IV of ch. 33.

Note: Inserts the correct cross-reference. Sections 66.88 to 66.918 were renumbered to ss. 200.21 to 290.65, which comprise subch. II of ch. 200, by 1999 Wis. Act 150. Section 66.22 was renumbered to s. 200.05 by Act 150.

AB513, s. 51 Section 51. The treatment of 103.49 (1) (d) 2. of the statutes by 1999 Wisconsin Act 70, section 25, is not repealed by 1999 Wisconsin Act 150, section 628. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (1) (d) 2. reads:

2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation on projects in that area.

AB513, s. 52 Section 52. The treatment of 103.49 (3) (a) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (3) (a) reads:

(a) Before bids are asked for any work to which this section applies, the state agency having the authority to prescribe the specifications shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting state agency. For the information of the employees working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor and the provisions of subs. (2) and (6m) shall be kept posted by the state agency in at least one conspicuous and easily accessible place on the site of the project.

AB513, s. 53 Section 53. The treatment of 103.49 (3) (b) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (3) (b) reads:

(b) 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.

AB513, s. 54 Section 54. The treatment of 103.49 (4r) (c) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (4r) (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 state agency 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 state agency may not authorize a final payment until the affidavit is filed in proper form and order. If a state agency 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. (2m) 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 state agency withhold all or part of the final payment, but the state agency fails to do so, the state agency is liable for all back wages payable up to the amount of the final payment.

AB513, s. 55 Section 55. The treatment of 103.49 (5) (a) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (5) (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. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked.

AB513, s. 56 Section 56. 103.49 (5) (b) of the statutes, as affected by 1999 Wisconsin Acts 70 and 150, is amended to read:

AB513,23,13 103.49 (5) (b) It shall be the duty of the department to enforce this section. To this end it may demand and examine, and every contractor, subcontractor , and contractor's and subcontractor's agent shall keep, and furnish upon request by the department, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (2m) for work to which this section applies. The department may inspect records in the manner provided in this chapter. Every contractor, subcontractor, or agent performing work on a project that is subject to this section is subject to the requirements of this chapter ch. 101 relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

Note: The stricken language was inserted by 1999 Wis. Act 150 without being shown as underscored. No change was intended.

AB513, s. 57 Section 57. The treatment of 103.49 (6m) (b) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (6m) (b) reads:

(b) 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).

AB513, s. 58 Section 58. The treatment of 103.49 (6m) (d) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (6m) (d) reads:

(d) 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.

AB513, s. 59 Section 59. The treatment of 103.49 (7) (a) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (7) (a) reads:

(a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies and to the University of Wisconsin Hospitals and Clinics Authority a list 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 any 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 state agency or the University of Wisconsin Hospitals and Clinics Authority 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 date of final determination by a court of competent jurisdiction, whichever is later.

AB513, s. 60 Section 60. The treatment of 103.49 (7) (d) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (7) (d) reads:

(d) Any person submitting a bid on a project that is subject to this section shall, on the date the person submits the bid, 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 at any other time within 3 years preceding the date the person submits the bid, 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.

AB513, s. 61 Section 61. The treatment of 103.50 (7) (b) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (7) (b) reads:

(b) 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).

AB513, s. 62 Section 62. The treatment of 103.50 (7) (d) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (7) (d) reads:

(d) 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.

AB513, s. 63 Section 63. The treatment of 103.50 (7) (e) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.49 (7) (e) reads:

(e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), 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.

AB513, s. 64 Section 64. The treatment of 103.50 (8) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 103.50 (8) reads:

(8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2), (2m) and (6). The department of transportation may demand and examine, and every contractor, subcontractor and contractor's or subcontractor's agent shall keep and furnish upon request by the department of transportation, copies of payrolls and other records and information relating to compliance with this section. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB513, s. 65 Section 65. 117.105 (1m) (b) of the statutes is amended to read:

AB513,26,12 117.105 (1m) (b) Before the October 15 following the receipt of a petition or notice under sub. (1) (a) or the adoption of resolutions under sub. (1) (b), the school boards of the affected school districts may, by the adoption of resolutions by the school boards of a majority of the affected school districts, agree on the precise boundaries of the proposed school district and the apportionment of the assets and liabilities between the affected school districts and the proposed school district according to the criteria under s. 66.03 66.0235 (2c). The school boards may establish an alternative method to govern the assignment of assets and liabilities as provided in s. 66.03 66.0235 (2c) (b). In determining the precise boundaries, the school boards may not detach territory from any additional school districts. The clerk of the school district that has the highest equalized valuation of the affected school districts shall notify the board of their agreement or their failure to reach agreement.

Note: Inserts the correct cross-reference. Section 66.03 was renumbered to s. 66.0235 by 1999 Wis. Act 150.

AB513, s. 66 Section 66. 119.16 (3) (c) of the statutes is amended to read:

AB513,26,17 119.16 (3) (c) If the redevelopment authority of the city issues bonds under s. 66.431 66.1333 (5r), the board may lease buildings or sites from the redevelopment authority or borrow money from the redevelopment authority for the purposes of par. (a).

Note: Inserts the correct cross-reference. Section 66.431 was renumbered to s. 66.1333 by 1999 Wis. Act 150.

AB513, s. 67 Section 67. 120.12 (7) of the statutes is amended to read:

AB513,27,3 120.12 (7) Depository. Designate one or more public depositories in which the money belonging to the school district shall be deposited and specify whether the moneys shall be maintained in time deposits subject to the limitations of s. 66.0603 (1) (1m), demand deposits or savings deposits. When the money is so deposited in the name of the school district, the school district treasurer and bondsmen are not liable for any loss as defined in s. 34.01 (2). The interest on such deposits shall be paid into the school district treasury.

Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered to s. 66.0603 (1m) by 1999 Wis. Act 186.

AB513, s. 68 Section 68. 120.135 (1) (a) of the statutes is amended to read:

AB513,27,7 120.135 (1) (a) A tax incremental district that is located in whole or in part in the school district is terminated before the maximum number of years that the tax incremental district would have existed under s. 66.46 66.1105 (7) (am) or (ar).

Note: Inserts the correct cross-reference. Section 66.46 was renumbered to s. 66.1105 by 1999 Wis. Act 186.

AB513, s. 69 Section 69. 120.135 (2) of the statutes is amended to read:

AB513,27,16 120.135 (2) In each year in which the school board adopts a resolution by a two-thirds vote of the members elect expressing its intention to do so until the year after the year in which the tax incremental district would have been required to terminate under s. 66.46 66.1105 (7) (am) or (ar), the school board may deposit into the capital improvement fund the percentage, not to exceed 100%, specified in the resolution of the school district's portion of the positive tax increment of the tax incremental district in that year, as determined by the department of revenue under s. 66.46 66.1105.

Note: Inserts the correct cross-reference. Section 66.46 was renumbered to s. 66.1105 by 1999 Wis. Act 186.

AB513, s. 70 Section 70. 121.85 (6) (ar) 3. a. of the statutes is amended to read:

AB513,27,21 121.85 (6) (ar) 3. a. If one or more bonds are issued under s. 66.431 66.1333 (5r), subd. 2. does not apply beginning in the first fiscal year following certification by the secretary of administration to the department that the last principal and interest payment on the bonds has been made.

Note: Inserts the correct cross-references. Section 66.431 was renumbered to s. 66.1333 by 1999 Wis. Act 150.

AB513, s. 71 Section 71. 157.11 (9g) (a) 1. (intro.) of the statutes is amended to read:

AB513,28,4 157.11 (9g) (a) 1. (intro.) Except as provided in ss. 66.0603 (1) (1m) (c) and 157.19 (5) (b), funds that are received by a cemetery authority for the care of a cemetery lot shall be invested in one or more of the following manners:

Note: Inserts the correct cross-reference. Section 66.0603 (1) was renumbered to s. 66.0603 (1m) by 1999 Wis. Act 186.

AB513, s. 72 Section 72. 173.07 (2) of the statutes is amended to read:

AB513,28,8 173.07 (2) Investigation. A humane officer shall investigate alleged violations of statutes and ordinances relating to animals and, in the course of the investigations, may execute inspection warrants under s. 66.122 66.0119.

Note: Inserts the correct cross-reference. Section 66.122 was renumbered to s. 66.0119 by 1999 Wis. Act 150.

AB513, s. 73 Section 73. 173.07 (4) of the statutes is amended to read:

AB513,28,12 173.07 (4) Issue citations. If authorized by the appointing political subdivision, a humane officer shall issue citations under s. 66.119 66.0113 for violations of ordinances relating to animals.

Note: Inserts the correct cross-reference. Section 66.119 was renumbered to s. 66.0113 by 1999 Wis. Act 150.

AB513, s. 74 Section 74. 173.07 (5) (d) of the statutes is amended to read:

AB513,28,15 173.07 (5) (d) Stop, search, or detain vehicles, except under an inspection warrant under s. 66.122 66.0119.

Note: Inserts the correct cross-reference. Section 66.122 was renumbered to s. 66.0119 by 1999 Wis. Act 150.