Amendment ASA1-AB75

AB75-ASA1,712,5 (d) 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.

AB75-ASA1,712,19 (e) In addition to the recalculation under par. (d), the owner or developer that requested the determination under this subsection may request a review of any portion of the determination within 30 days after the date of issuance of the determination if the owner or developer submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the determination does not represent the prevailing wage rate for that trade or occupation in the city, village, or town in which the proposed publicly funded private construction project is located. That evidence shall include wage rate information for the contested trade or occupation on at least 3 similar projects located in the city, village, or town where the proposed publicly funded private construction project is located on which some work has been performed during the current survey period and which were considered by the department in issuing its most recent compilation under par. (b). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review.

AB75-ASA1,712,20 (5) Nonapplicability. This section does not apply to any of the following:

AB75-ASA1,712,22 (a) A publicly funded private construction project that receives less than $1,000,000 in direct financial assistance from a local governmental unit.

AB75-ASA1,712,24 (b) A publicly funded private construction project in which the labor for the project is provided by unpaid volunteers.

AB75-ASA1,712,25 (c) Minor service, maintenance, or warranty work.

AB75-ASA1,713,7 (6) Exemptions. The department, upon petition of any owner or developer contracting for a publicly funded private construction project that is subject to this section, shall issue an order exempting the owner or developer from applying to the department for a determination under sub. (4) when it is shown that the project is also subject to an ordinance or other enactment of a local governmental unit that sets forth standards, policy, procedure, and practice resulting in standards as high or higher than those under this section.

AB75-ASA1,713,16 (7) Compliance. (a) When the department finds that an owner or developer has not requested a determination under sub. (4) (a) or that an owner, developer, contractor, or subcontractor has not physically incorporated a determination into a contract or subcontract as required under sub. (2) (b) or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under sub. (2) (b), the department shall notify the owner, developer, contractor, or subcontractor of the noncompliance and shall file the determination with the owner, developer, contractor, or subcontractor within 30 days after the notice.

AB75-ASA1,713,22 (b) Upon completion of a publicly funded private construction project that is subject to this section and before receiving final payment for his or her work on the private construction project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until the affidavit is filed in proper form and order.

AB75-ASA1,714,13 (c) Upon completion of a publicly funded private construction project that is subject to this section and before receiving final payment for his or her work on the project, each contractor shall file with the owner or developer contracting for 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. An owner or developer may not authorize a final payment until the affidavit is filed in proper form and order. If an owner or developer authorizes a final payment before the 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. (3) 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 owner or developer withhold all or part of the final payment, but the owner or developer fails to do so, the owner or developer is liable for all back wages payable up to the amount of the final payment.

AB75-ASA1,714,19 (8) Records; inspection; enforcement. (a) Each contractor, subcontractor, or agent performing work on a publicly funded private construction 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. (3) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked.

AB75-ASA1,715,6 (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 publicly funded private construction project 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. (3) 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-ASA1,715,14 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-ASA1,716,2 (b) The department or the local governmental unit providing financial assistance for a publicly funded private construction project 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. (3) 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 publicly funded private construction project that is subject to this section is subject to the requirements of ch. 103 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.

AB75-ASA1,716,19 (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or contractor's or subcontractor's agent performing work on a publicly funded private construction project that is subject to this section to ensure compliance with this section. In the case of a request made by a person performing the work specified in sub. (3), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request if frivolous, the department shall charge the person making the request the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (3), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and 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-ASA1,716,25 (d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except that s. 103.005 (12) (a) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (4) (a) or (b). Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section, including proceedings under sub. (9) (a).

AB75-ASA1,717,13 (9) Liability and penalties. (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. (4) 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 employee 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 employee for and in behalf of that employee and other employees similarly situated. No employee may be a party plaintiff to the action unless the employee 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.

AB75-ASA1,717,17 (b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any violation continues is considered a separate offense.

AB75-ASA1,717,25 2. Whoever induces any person who seeks to be or is employed on any publicly funded private construction 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).

AB75-ASA1,718,10 3. Any person employed on a publicly funded private construction project that is subject to this section who knowingly permits a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives, or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives, or returns any part of the compensation to which he or she is normally entitled 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, is guilty of an offense under s. 946.15 (2).

AB75-ASA1,718,16 4. Whoever induces any person who seeks to be or is employed on any publicly funded private construction 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 3142.

AB75-ASA1,718,22 5. Any person employed on a publicly funded private construction 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 3142.

AB75-ASA1,718,25 6. Subdivision 1. does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (4) (a) or (b).

AB75-ASA1,719,14 (10) Debarment. (a) Except as provided under pars. (b) and (c), the department shall notify any owner or developer applying for a determination under sub. (4) and any owner or developer that is exempt 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. (4) 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. An owner or developer may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date on which the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

AB75-ASA1,719,19 (b) The department may not include in a notification under par. (a) the name of any person on the basis of having let work to a person whom the department has found to have failed to pay the prevailing wage rate determined under sub. (4) 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.

AB75-ASA1,719,24 (c) This subsection does not apply to any contractor, subcontractor, or contractor's or subcontractor's or agent that in good faith commits a minor violation of this section, as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or that has not exhausted or waived all appeals.

AB75-ASA1,720,10 (d) Any person submitting a bid or negotiating a contract on a publicly funded private construction project that is subject to this section shall, on the date on which 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 percent interest on the date the person submits the bid or at any other time within 3 years preceding the date on which 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. (4) 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.

AB75-ASA1,720,11 (e) The department shall promulgate rules to administer this subsection.

AB75-ASA1, s. 1488 Section 1488. 66.1039 of the statutes is created to read:

AB75-ASA1,720,13 66.1039 Transit authorities. (1) Definitions. In this section:

AB75-ASA1,720,14 (a) "Authority" means a transit authority created under this section.

AB75-ASA1,720,16 (b) "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of an authority issued under this section.

AB75-ASA1,720,17 (c) "Common carrier" means any of the following:

AB75-ASA1,720,18 1. A common motor carrier, as defined in s. 194.01 (1).

AB75-ASA1,720,19 2. A contract motor carrier, as defined in s. 194.01 (2).

AB75-ASA1,720,20 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).

AB75-ASA1,720,21 4. A water carrier, as defined in s. 195.02 (5).

AB75-ASA1,721,2 (d) "Comprehensive unified local transportation system" means a transportation system that is comprised of motor bus lines and any other local public transportation facilities, the major portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the jurisdictional area of the authority.

AB75-ASA1,721,4 (e) "Madison metropolitan planning area" means the metropolitan planning area, as defined in 23 USC 134 (b) (1), that includes the city of Madison.

AB75-ASA1,721,5 (f) "Municipality" means any city, village, or town.

AB75-ASA1,721,8 (g) "Participating political subdivision" means a political subdivision that is a member of an authority, either from the time of creation of the authority or by later joining the authority.

AB75-ASA1,721,9 (h) "Political subdivision" means a municipality or county.

AB75-ASA1,721,19 (i) "Transportation system" means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transportation of passengers within the jurisdictional area of the authority and, only to the extent specifically authorized under this section, outside the jurisdictional area of the authority. "Transportation system" includes elevated railroads, subways, underground railroads, motor vehicles, motor buses, and any combination thereof, and any other form of mass transportation, but does not include transportation excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority.

AB75-ASA1,721,25 (2) Creation of transit authorities. (a) Milwaukee County regional transit authority. There is created the Milwaukee County regional transit authority, a public body corporate and politic and a separate governmental entity. This authority may transact business and exercise any powers granted to it under this section. The jurisdictional area of this authority is the geographic area formed by the territorial boundaries of Milwaukee County.

AB75-ASA1,722,6 (b) Dane County regional transit authority. 1. The Dane County regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Dane County adopts a resolution authorizing the county to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.

AB75-ASA1,722,9 2. If Dane County adopts a resolution under subd. 1., any municipality located in whole or in part within the Madison metropolitan planning area on January 1, 2003, shall be a member of the authority.

AB75-ASA1,722,14 3. Any municipality located in whole or in part within Dane County that is not located in whole or in part within the Madison metropolitan planning area on January 1, 2003, may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality's joinder.

AB75-ASA1,722,17 4. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the Madison metropolitan planning area combined with the territorial boundaries of all municipalities that join the authority under subd. 3.

AB75-ASA1,722,22 5. For purposes of determining a municipality's territorial boundaries and the geographic area formed by the Madison metropolitan planning area, annexed territory that was subject to an unresolved challenge on January 1, 2003, shall not be considered part of the annexing municipality or the Madison metropolitan planning area.

AB75-ASA1,723,4 6. If a municipality joins the authority after the authority is created, the authority shall provide the department of revenue with a certified copy of the resolution that approves the joining and the joining shall take effect on the first day of the calendar quarter that begins at least 120 days after the department receives the certified copy of the resolution. The authority shall also provide the department with a description of the new boundaries of the authority's jurisdictional area, as provided under sub. (4) (s) 2.

AB75-ASA1,723,11 (3) Transit authority governance. (a) The powers of an authority shall be vested in its board of directors. Directors shall be appointed for 4-year terms, except that directors appointed under par. (b) shall serve 2-year terms. A majority of the board of directors' full authorized membership constitutes a quorum for the purpose of conducting the authority's business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.

AB75-ASA1,723,13 (b) The board of directors of the authority created under sub. (2) (a) consists of the following members:

AB75-ASA1,723,15 1. Two members from Milwaukee County, appointed by the Milwaukee County board chairperson.

AB75-ASA1,723,17 2. Two members from Milwaukee County, appointed by the mayor of the city of Milwaukee.

AB75-ASA1,723,18 3. One member from Milwaukee County, appointed by the governor.

AB75-ASA1,723,20 (c) If an authority is created under sub. (2) (b), the board of directors of the authority consists of the following members:

AB75-ASA1,723,22 1. Two members from the Madison metropolitan planning area, appointed by the county executive and approved by the county board.

AB75-ASA1,723,24 2. Two members appointed by the mayor of the city of Madison and approved by the common council.

AB75-ASA1,723,25 3. One member appointed by the governor.

AB75-ASA1,724,3 4. One member from each city, other than the city of Madison, with a population of more than 15,000 located in Dane County, appointed by the mayor of each such city and approved by the common council.

AB75-ASA1,724,5 5. One member from a village within the jurisdictional area of the authority, appointed by the Dane County Cities and Villages Association.

AB75-ASA1,724,8 (g) The bylaws of an authority shall govern its management, operations, and administration, consistent with the provisions of this section, and shall include provisions specifying all of the following:

AB75-ASA1,724,9 1. The functions or services to be provided by the authority.

AB75-ASA1,724,10 2. The powers, duties, and limitations of the authority.

AB75-ASA1,724,12 3. The maximum rate of the taxes that may be imposed by the authority under sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).

AB75-ASA1,724,15 (4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, an authority may do all of the following, to the extent authorized in the authority's bylaws:

AB75-ASA1,724,17 (a) Establish, maintain, and operate a comprehensive unified local transportation system primarily for the transportation of persons.

AB75-ASA1,724,20 (b) Acquire a comprehensive unified local transportation system and provide funds for the operation and maintenance of the system. Upon the acquisition of a comprehensive unified local transportation system, the authority may:

AB75-ASA1,724,22 1. Operate and maintain it or lease it to an operator or contract for its use by an operator.

AB75-ASA1,724,24 2. Contract for superintendence of the system with an organization that has personnel with the requisite experience and skill.

AB75-ASA1,725,3 3. Delegate responsibility for the operation and maintenance of the system to an appropriate administrative officer, board, or commission of a participating political subdivision.

AB75-ASA1,725,5 4. Maintain and improve railroad rights-of-way and improvements on these rights-of-way for future use.

AB75-ASA1,725,7 (c) Contract with a public or private organization to provide transportation services in lieu of directly providing these services.

AB75-ASA1,725,9 (d) Purchase and lease transportation facilities to public or private transit companies that operate within and outside the jurisdictional area.

AB75-ASA1,725,11 (e) Apply for federal aids to purchase transportation facilities considered essential for the authority's operation.

AB75-ASA1,725,20 (f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g), for residents who reside within the jurisdictional area and who are disabled or aged 60 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and 42 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds administered by the county. An authority may contract with a county that is a participating political subdivision for the authority to provide specialized transportation services, but an authority is not an eligible applicant under s. 85.21 (2) (e) and may not receive payments directly from the department of transportation under s. 85.21.

AB75-ASA1,725,23 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose of, mortgage, pledge, or grant a security interest in any real or personal property or service.

AB75-ASA1,725,25 (h) Acquire property by condemnation using the procedure under s. 32.05 for the purposes set forth in this section.

AB75-ASA1,726,7 (i) Enter upon any state, county, or municipal street, road, or alley, or any public highway for the purpose of installing, maintaining, and operating the authority's facilities. Whenever the work is to be done in a state, county, or municipal highway, street, road, or alley, the public authority having control thereof shall be duly notified, and the highway, street, road, or alley shall be restored to as good a condition as existed before the commencement of the work with all costs incident to the work to be borne by the authority.

AB75-ASA1,726,9 (j) Fix, maintain, and revise fees, rates, rents, and charges for functions, facilities, and services provided by the authority.

AB75-ASA1,726,11 (k) Make, and from time to time amend and repeal, bylaws, rules, and regulations to carry into effect the powers and purposes of the authority.

AB75-ASA1,726,12 (L) Sue and be sued in its own name.

AB75-ASA1,726,13 (m) Have and use a corporate seal.

AB75-ASA1,726,16 (n) Employ agents, consultants, and employees, engage professional services, and purchase such furniture, stationery, and other supplies and materials as are reasonably necessary to perform its duties and exercise its powers.

AB75-ASA1,726,18 (o) Incur debts, liabilities, or obligations including the borrowing of money and the issuance of bonds under subs. (7) and (10).

AB75-ASA1,726,22 (p) Invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, including the proceeds from the sale of any bonds, in such obligations, securities, and other investments as the authority deems proper in accordance with s. 66.0603 (1m).

AB75-ASA1,726,24 (q) Do and perform any acts and things authorized by this section under, through, or by means of an agent or by contracts with any person.

AB75-ASA1,727,3 (r) Exercise any other powers that the board of directors considers necessary and convenient to effectuate the purposes of the authority, including providing for passenger safety.

AB75-ASA1,727,14 (s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes under subch. V of ch. 77 in the authority's jurisdictional area, except that no authority created under sub. (2) (b) may adopt such a resolution until an advisory referendum is held in the authority's jurisdictional area on the question of whether the authority's board of directors should impose the taxes under subch. V of ch. 77. If an authority adopts a resolution to impose the taxes, it shall deliver a certified copy of the resolution to the department of revenue at least 120 days before its effective date. The authority may, by adoption of a resolution by the board of directors, repeal the imposition of taxes under subch. V of ch. 77 and shall deliver a certified copy of the repeal resolution to the department of revenue at least 120 days before its effective date.