Amendment ASA1-AB75

AB75-ASA1, s. 1471s Section 1471s. 66.0602 (3) (i) of the statutes is created to read:

AB75-ASA1,696,24 66.0602 (3) (i) 1. If a political subdivision enters into an intergovernmental cooperation agreement under s. 66.0301 to jointly provide a service on a consolidated basis with another political subdivision, and if one of the political subdivisions increases its levy from the previous year by an amount the parties to the agreement agree is needed to provide a more equitable distribution of payments for services received, the levy increase limit otherwise applicable under this section to that political subdivision in the current year is increased by that agreed amount.

AB75-ASA1,697,5 2. If a political subdivision increases its levy as described in subd. 1. the other political subdivision, which is a party to the intergovernmental cooperation agreement and has agreed to the adjustment under subd. 1., shall decrease its levy in the current year by the same amount that the first political subdivision is allowed to increase its levy under subd. 1.

AB75-ASA1, s. 1472 Section 1472. 66.0602 (4) (a) of the statutes is amended to read:

AB75-ASA1,697,18 66.0602 (4) (a) A political subdivision may exceed the levy increase limit under sub. (2) if its governing body adopts a resolution to that effect and if the resolution is approved in a referendum. The resolution shall specify the proposed amount of increase in the levy beyond the amount that is allowed under sub. (2), and shall specify whether the proposed amount of increase is for the next fiscal year only or if it will apply on an ongoing basis. With regard to a referendum relating to the 2005 levy, or any levy in an odd-numbered year thereafter, the political subdivision may call a special referendum for the purpose of submitting the resolution to the electors of the political subdivision for approval or rejection. With regard to a referendum relating to the 2006 levy, or any levy in an even-numbered year thereafter, the referendum shall be held at the next succeeding spring primary or election or September primary or general election.

AB75-ASA1, s. 1473 Section 1473. 66.0602 (6) (c) of the statutes is amended to read:

AB75-ASA1,697,22 66.0602 (6) (c) Ensure that the amount of the penalized excess is not included in determining the limit described under sub. (2) for the political subdivision for the following year.

AB75-ASA1, s. 1474 Section 1474. 66.0602 (7) of the statutes is created to read:

AB75-ASA1,697,25 66.0602 (7) Sunset. This section does not apply to a political subdivision's levy that is imposed after December 2010.

AB75-ASA1, s. 1475 Section 1475. 66.0603 (1m) (f) of the statutes is created to read:

AB75-ASA1,698,6 66.0603 (1m) (f) Subject to s. 67.11 (2) with respect to funds on deposit in a debt service fund for general obligation promissory notes issued under s. 67.12 (12), a 1st class city, or a person to whom the city has delegated investment authority under sub. (5), may invest and reinvest in the same manner as is authorized for investments and reinvestments under s. 881.01, any of the following:

AB75-ASA1,698,7 1. Moneys held in any stabilization fund established under s. 62.622 (3).

AB75-ASA1,698,11 2. Moneys held in a fund or account, including any reserve fund, created in connection with the issuance of appropriation bonds under s. 62.62 or general obligation promissory notes under s. 67.12 (12) issued to provide funds for the payment of all or a part of the city's unfunded prior service liability.

AB75-ASA1,698,13 3. Moneys appropriated or held by the city to pay debt service on appropriation bonds or general obligation promissory notes under s. 67.12 (12).

AB75-ASA1,698,16 4. Moneys constituting proceeds of appropriation bonds or general obligation promissory notes described in subd. 2. that are available for investment until they are spent.

AB75-ASA1,698,17 5. Moneys held in an employee retirement system of the city.

AB75-ASA1, s. 1476 Section 1476. 66.0603 (5) (intro.) and (a) of the statutes are amended to read:

AB75-ASA1,699,2 66.0603 (5) Delegation of investment authority in connection with pension financing in populous cities and counties. (intro.) The governing board body of a county having a population of 500,000 or more, or a 1st class city, may delegate investment authority over any of the moneys described in sub. (1m) (e) or (f) to any of the following persons, which shall be responsible for the general administration and proper operation of the county's or city's employee retirement system, subject to the board's governing body's finding that such person has expertise in the field of investments:

AB75-ASA1,699,4 (a) A public board that is organized for such purpose under county or city ordinances.

AB75-ASA1, s. 1477 Section 1477. 66.0721 (1) (a) of the statutes is amended to read:

AB75-ASA1,699,8 66.0721 (1) (a) "Agricultural use" has the meaning given in s. 91.01 (1) (2) and includes any additional agricultural uses of land, as determined by the town sanitary district or town.

AB75-ASA1, s. 1478 Section 1478. 66.0721 (1) (b) of the statutes is amended to read:

AB75-ASA1,699,17 66.0721 (1) (b) "Eligible farmland" means a parcel of 35 or more acres of contiguous land which is devoted exclusively to agricultural use which during the year preceding the year in which the land is subject to a special assessment under this section produced gross farm profits, as defined in s. 71.58 (4), of not less than $6,000 or which, during the 3 years preceding the year in which the land is subject to a special assessment under this section, produced gross farm profits, as defined in s. 71.58 (4), of not less than $18,000 that is eligible for farmland preservation tax credits under ss. 71.58 to 71.61 or 71.613.

AB75-ASA1, s. 1478v Section 1478v. 66.0903 (1) (d) of the statutes is amended to read:

AB75-ASA1,699,24 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing. "Local governmental unit" includes a regional transit authority created under s. 66.1039.

AB75-ASA1, s. 1479 Section 1479. 66.0903 (1) (e) of the statutes is repealed.

AB75-ASA1, s. 1480 Section 1480. 66.0903 (1) (i) of the statutes is repealed.

AB75-ASA1, s. 1480c Section 1480c. 66.0903 (2) of the statutes is created to read:

AB75-ASA1,700,5 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project of public works erected, constructed, remodeled, repaired, or demolished for a local governmental unit, including all of the following:

AB75-ASA1,700,6 (a) A highway, street, or bridge construction project.

AB75-ASA1,700,10 (b) A project of public works erected, constructed, remodeled, repaired, or demolished by one local governmental unit for another local governmental unit under a contract under s. 66.0301 (2) or 83.035 or under any other statute specifically authorizing cooperation between local governmental units.

AB75-ASA1,700,14 (c) A building construction project in which the completed building is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu of the local governmental unit contracting for the construction of the building.

AB75-ASA1,700,17 (d) A road, street, sanitary sewer, or water main project in which the completed road, street, sanitary sewer, or water main is dedicated to a local governmental unit under s. 236.13 (2) for ownership by the local governmental unit.

AB75-ASA1, s. 1480e Section 1480e. 66.0903 (3) (am) of the statutes is amended to read:

AB75-ASA1,701,6 66.0903 (3) (am) A local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract, for the erection, construction, remodeling, repairing, or demolition of any project of public works, including a highway, street or bridge construction project, shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work contemplated under contemplation in the area in which the project is located. 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 local governmental unit.

AB75-ASA1, s. 1481 Section 1481. 66.0903 (3) (av) of the statutes is amended to read:

AB75-ASA1,701,13 66.0903 (3) (av) In determining prevailing wage rates under par. (am) or (ar), the department may not use data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50 or 40 USC 276a 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50 or 40 USC 276a 3142.

AB75-ASA1, s. 1481h Section 1481h. 66.0903 (3) (dm) of the statutes is amended to read:

AB75-ASA1,702,8 66.0903 (3) (dm) A reference to the prevailing wage rates determined by the department or a local governmental unit exempted under sub. (6) and to the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a project of public works, including a highway, street or bridge construction project, is entered into, the prevailing wage rates determined by the department or exempted local governmental unit and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. No person performing the work described in sub. (4) may be paid less than the prevailing wage rate in the same or most similar trade or occupation determined under this subsection; nor may he or she be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay.

AB75-ASA1, s. 1481p Section 1481p. 66.0903 (4) (b) 3. of the statutes is created to read:

AB75-ASA1,702,14 66.0903 (4) (b) 3. The laborer, worker, or mechanic is employed at a commercial establishment that regularly supplies plumbing systems, steam or hot water systems, sprinkler systems, mechanical systems, or pipework and is employed in the fabrication of those systems or that pipework for incorporation into a project of public works.

AB75-ASA1, s. 1482d Section 1482d. 66.0903 (5) of the statutes is renumbered 66.0903 (5) (intro.) and amended to read:

AB75-ASA1,702,19 66.0903 (5) Nonapplicability. (intro.) This section does not apply to any single-trade public works project, including a highway, street or bridge construction project, of the following:

AB75-ASA1,703,3 (a) A project of public works for which the estimated project cost of completion is below $30,000 or an amount determined by the department under this subsection or to any multiple-trade public works project, including a highway, street or bridge construction project, for which the estimated project cost of completion is below $150,000 or an amount determined by the department under this subsection. The department shall adjust those dollar amounts every year, the first adjustment to be made not sooner than December 1, 1997. The adjustments shall be in proportion to any change in construction costs since the effective date of the dollar amounts established under this subsection $25,000.

AB75-ASA1, s. 1482f Section 1482f. 66.0903 (5) (b) of the statutes is created to read:

AB75-ASA1,703,6 66.0903 (5) (b) A project of public works in which the labor for the project is provided by unpaid volunteers.

AB75-ASA1, s. 1482h Section 1482h. 66.0903 (5) (c) of the statutes is created to read:

AB75-ASA1,703,8 66.0903 (5) (c) Minor service, maintenance, or warranty work.

AB75-ASA1, s. 1483f Section 1483f. 66.0903 (10) (am) of the statutes is created to read:

AB75-ASA1,703,21 66.0903 (10) (am) 1. Except as provided in this subdivision, by no later than the end of the first week of a month following a month in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project of public works that is subject to this section, the contractor, subcontractor, or agent shall submit to the department in an electronic format a certified record of the information specified in par. (a) for that preceding month. This requirement does not apply with respect to a person performing the work described in sub. (4) who is covered under a collective bargaining agreement. In that case, the contractor, subcontractor, or agent shall submit to the department in an electronic format a copy of the collective bargaining agreement by no later than the end of the first week of the first month in which the contractor, subcontractor, or agent performs work on the project of public works.

AB75-ASA1,704,4 2. The department shall post on its Internet site all certified records and collective bargaining agreements submitted to the department under subd. 1., except that the department may not post on that site the name of or any other personally identifiable information relating to any employee of a contractor, subcontractor, or agent that submits information to the department under subd. 1. In this subdivision, "personally identifiable information" does not include an employee's trade or occupation, his or her hours of work, or the wages paid for those hours worked.

AB75-ASA1, s. 1484 Section 1484. 66.0903 (10) (c) of the statutes is amended to read:

AB75-ASA1,704,24 66.0903 (10) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project that is subject to this section to ensure compliance with this section. If In the case of a request made by a person performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is a person performing the work specified in sub. (4) that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. If In the case of a request made by a person not performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is not a person performing the work specified in sub. (4) that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed.

AB75-ASA1, s. 1485 Section 1485. 66.0903 (11) (b) 4. of the statutes is amended to read:

AB75-ASA1,705,6 66.0903 (11) (b) 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 3142.

AB75-ASA1, s. 1486 Section 1486. 66.0903 (11) (b) 5. of the statutes is amended to read:

AB75-ASA1,705,13 66.0903 (11) (b) 5. 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 3142.

AB75-ASA1, s. 1487 Section 1487. 66.0904 of the statutes is created to read:

AB75-ASA1,705,16 66.0904 Wage rates; publicly funded private construction projects. (1) Definitions. In this section:

AB75-ASA1,706,2 (a) "Area" means the county in which a proposed publicly funded private construction project that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, "area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, "area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, "area" means the entire state or, if the department is requested to review a determination under sub. (4) (e), "area" means the city, village, or town in which a proposed publicly funded private construction project that is subject to this section is located.

AB75-ASA1,706,3 (b) "Department" means the department of workforce development.

AB75-ASA1,706,8 (c) "Financial assistance" means any grant, cooperative agreement, loan, contract, other than a public works contract, a supply procurement contract, a contract of insurance or guaranty, or a collective bargaining agreement, or any other arrangement by which a local governmental unit provides or otherwise makes available direct assistance in any of the following forms:

AB75-ASA1,706,9 1. Funding.

AB75-ASA1,706,12 2. A transfer or lease of real or personal property of the local governmental unit or of any interest in or permission to use, other than on a casual or transient basis, that property for less than fair market value or for reduced consideration.

AB75-ASA1,706,16 3. Proceeds from a subsequent transfer or lease of real or personal property transferred or leased from the local governmental unit, if the local governmental unit's share of the fair market value of the property is not returned to the local governmental unit.

AB75-ASA1,706,19 4. A redevelopment contract, economic development agreement, revenue agreement under s. 66.1103, contract under s. 66.1105 (3) or 66.1333 (5), or assistance provided under s. 66.1109.

AB75-ASA1,706,20 (d) "Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).

AB75-ASA1,706,21 (e) "Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).

AB75-ASA1,706,22 (f) "Local governmental unit" has the meaning given in s. 66.0903 (1) (d).

AB75-ASA1,706,23 (g) "Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).

AB75-ASA1,707,5 (h) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any publicly funded private construction project in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation on projects in the area.

AB75-ASA1,707,15 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 publicly funded private construction project 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 percent of hours worked in that trade or occupation on projects in that area.

AB75-ASA1,707,21 (im) "Publicly funded private construction project" means a project involving the erection, construction, repair, remodeling, demolition, or improvement of a private facility that receives direct financial assistance from a local governmental unit. "Publicly funded private construction project" does not include a project of public works that is subject to s. 66.0903 or a housing project involving the erection, construction, repair, remodeling, demolition, or improvement of any of the following:

AB75-ASA1,707,24 1. An owner-occupied residential property, if the project is supported by affordable housing grants, home improvement grants, or grants from a local housing trust fund.

AB75-ASA1,707,25 2. A residential property containing 4 dwelling units or less.

AB75-ASA1,708,2 3. A facility that contains no retail, office, or commercial components, if the project is intended to increase the supply of affordable housing in a community.

AB75-ASA1,708,3 (j) "Truck driver" has the meaning given in s. 103.49 (1) (g).

AB75-ASA1,708,15 (2) Prevailing wage rates and hours of labor. (a) Any owner or developer of real property who enters into a contract for the erection, construction, remodeling, repairing, or demolition of any publicly funded private construction project on that real property shall include in the contract a stipulation that no person performing the work described in sub. (3) may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such person may be permitted or required to work more than the prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage rate determined under sub. (4) in the same or most similar trade or occupation in the area in which the publicly funded private construction project is situated.

AB75-ASA1,709,2 (b) A reference to the prevailing wage rates determined under sub. (4) and the prevailing hours of labor shall be published in any notice issued for the purpose of securing bids for the publicly funded private construction project. If any contract or subcontract for a publicly funded private construction project that is subject to this section is entered into, the prevailing wage rates determined under sub. (4) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force.

AB75-ASA1,709,7 (3) Covered employees. (a) Subject to par. (b), all of the following employees shall be paid the prevailing wage rate determined under sub. (4) and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:

AB75-ASA1,709,9 1. All laborers, workers, mechanics, and truck drivers employed on the site of a publicly funded private construction project that is subject to this section.

AB75-ASA1,709,15 2. All laborers, workers, mechanics, and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of a publicly funded private construction project that is subject to this section or from a facility dedicated exclusively, or nearly so, to a publicly funded private construction project that is subject to this section by a contractor, subcontractor, agent, or other person performing any work on the site of the project.

AB75-ASA1,709,22 (b) Notwithstanding par. (a) 1., a laborer, worker, mechanic, or truck driver who is regularly employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products is not entitled to receive the prevailing wage rate determined under sub. (4) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following apply:

AB75-ASA1,710,4 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a publicly funded private construction project that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle.

AB75-ASA1,710,8 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a publicly funded private construction project that is subject to this section, pick up excavated material or spoil from the site of the project, and transport that excavated material or spoil away from the site of the project.

AB75-ASA1,710,12 3. The laborer, worker, or mechanic is employed at a commercial establishment that regularly supplies plumbing systems, steam or hot water systems, sprinkler systems, mechanical systems, or pipework and is employed in the fabrication of those systems or that pipework for incorporation into a project of public works.

AB75-ASA1,710,14 (c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of his or her truck.

AB75-ASA1,711,7 (4) Investigation; determination. (a) Before the owner or developer of any publicly funded private construction project enters into a contract or solicits bids on a contract for the performance of any work to which this section applies, the owner or developer 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 project is located. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on publicly funded private construction 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 owner or developer applying for the determination and with the local governmental unit providing financial assistance for the project. For the information of the employes working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of subs. (2) and (9) shall be kept posted by the owner or developer in at least one conspicuous and easily accessible place on the site of the project.

AB75-ASA1,711,15 (b) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a publicly funded private construction project that is subject to this section extends into more than one area there shall be but one standard of prevailing wage rates for the entire private construction project.