AB513: Bill Text

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 The treatment of 103.49 (6m) (b) of the statutes by 1999 Wisconsin Act 70 is not repealed by 1999 Wisconsin Act 150.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.

AB513, s. 75 Section 75. 173.09 of the statutes is amended to read:

AB513,29,4 173.09 Investigations. In the course of investigation of suspected violations of statutes or ordinances, a humane officer may enter any building, vehicle, or place where animals may be present for the purpose of inspection, examination of animals, or the gathering of evidence. If the building, vehicle, or place to be entered is not public, and consent of the owner or person in charge is not obtained, entry shall be under authority of a special inspection warrant issued under s. 66.122 66.0119 or a search warrant.

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

AB513, s. 76 Section 76. 196.374 (1) (c) of the statutes is amended to read:

AB513,29,9 196.374 (1) (c) "Utility" means a Class A gas or electric utility, as defined by the commission, but does not include a municipal utility, as defined in s. 16.957 (1) (q), a municipal electric company, as defined in s. 66.073 66.0825 (3) (d), or a cooperative association organized under ch. 185.

Note: Inserts the correct cross-reference. Section 66.073 was renumbered to s. 66.0825 by 1999 Wis. Act 150.

AB513, s. 77 Section 77. 196.378 (2) (b) 4. of the statutes is amended to read:

AB513,29,13 196.378 (2) (b) 4. The members of a municipal electric company, as defined in s. 66.073 66.0825 (3) (d), may aggregate and allocate renewable energy among themselves.

Note: Inserts the correct cross-reference. Section 66.073 was renumbered to s. 66.0825 by 1999 Wis. Act 150.

AB513, s. 78 Section 78. 196.85 (2e) of the statutes is amended to read:

AB513,29,18 196.85 (2e) Annually, the commission shall assess a joint local water authority for the commission's costs under s. 66.0735 66.0823 (8) directly attributable to that joint local water authority. The commission shall bill the joint local water authority for the amount of the assessment.

Note: Inserts the correct cross-reference. Section 66.0735 was renumbered to s. 66.0823 by 1999 Wis. Act 150.

AB513, s. 79 Section 79. 200.55 (1) (c) of the statutes is amended to read:

AB513,30,3 200.55 (1) (c) District bonds issued under s. 66.0621 (2) (4) (a) shall be executed by the chairperson and secretary of the commission rather than by a chief executive and clerk.

Note: Inserts the correct cross-reference. Section 66.066 (2) was renumbered to s. 66.0621 (4) by 1999 Wis. Act 150, but this cross-reference was changed from s. 66.066 (2) to s. 66.0621 (2).

AB513, s. 80 Section 80. 200.55 (1) (d) 1. (intro.) of the statutes is amended to read:

AB513,30,6 200.55 (1) (d) 1. (intro.) Section 66.0621 (2) (4) (a) 2. does not apply to district bonds. District bonds shall either mature:

Note: Inserts the correct cross-reference. Section 66.066 (2) was renumbered to s. 66.0621 (4) by 1999 Wis. Act 150, but this cross-reference was changed from s. 66.066 (2) to s. 66.0621 (2).

AB513, s. 81 Section 81. 200.55 (1) (d) 3. of the statutes is amended to read:

AB513,30,10 200.55 (1) (d) 3. Notwithstanding s. 66.0621 (2) (4) (a) 1., district bonds shall be made payable within 50 years from the date of the bonds, whether the bonds mature serially or within a specified term of years.

Note: Inserts the correct cross-reference. Section 66.066 (2) was renumbered to s. 66.0621 (4) by 1999 Wis. Act 150, but this cross-reference was changed from s. 66.066 (2) to s. 66.0621 (2).

AB513, s. 82 Section 82. 200.55 (1) (e) (intro.) of the statutes is amended to read:

AB513,30,12 200.55 (1) (e) (intro.) Notwithstanding s. 66.0621 (2) (4) (c):

Note: Inserts the correct cross-reference. Section 66.066 (2) was renumbered to s. 66.0621 (4) by 1999 Wis. Act 150, but this cross-reference was changed from s. 66.066 (2) to s. 66.0621 (2).

AB513, s. 83 Section 83. 200.55 (1) (fa) of the statutes is amended to read:

AB513,31,7 200.55 (1) (fa) Notwithstanding any contrary provision of s. 66.0621, the district may issue bond anticipation notes under s. 66.0621 (2) (m) (4) (L) in the form of commercial paper. If the district issues such commercial paper, the district may borrow to pay the interest on such paper, may obtain credit and liquidity facilities, and may delegate authority to any person to sell, execute, determine the interest rates, maturities, and amounts of such paper and to conduct the issuance of such paper as provided by the commission in the resolution under s. 66.0621 (2) (m) (4) (L) authorizing the issuance. Such issuance under a single resolution shall be deemed a single issue of securities issued as of the date of the sale of the first such paper and not as a series of refundings. A resolution authorizing the issuance of commercial paper under this paragraph and any taxes levied or any pledge made on such issuance is irrevocable as specified in the authorizing resolution.

Note: Inserts the correct cross-reference. Section 66.066 (2) (m) was renumbered to s. 66.0621 (4) (L) by 1999 Wis. Act 150, but this cross-reference was changed from s. 66.066 (2) (m) to s. 66.0621 (2) (m).

AB513, s. 84 Section 84. 200.55 (1m) of the statutes is amended to read:

AB513,31,13 200.55 (1m) Investment of funds. Notwithstanding any of the limits or restrictions in ss. 66.0621 (2) (4) (d) and (f), 66.0811 (2), and 67.11 (2) on the debt instruments in which the district or commission may invest any of its funds that are not immediately needed, the district may invest any such funds in a debt instrument listed under s. 66.0605 (1) 66.0603 (1m).

Note: Inserts the correct cross-references. Section 66.066 (2) (m) was renumbered to s. 66.0621 (4) (L) by 1999 Wis. Act 150, but the cross-reference here was changed from s. 66.066 (2) (m) to s. 66.0621 (2) (m). Section 66.04 (2) was renumbered to s. 66.0603 (1) by 1999 Wis. Act 150 and was subsequently renumbered to s. 66.0603 (1m) by 1999 Wis. Act 186, but the cross-reference here was changed to s. 66.0605 (1) by Act 150. Adds serial comma consistent with current style.