Amendment ASA1-AB75

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.

AB75-ASA1,728,8 2. If an authority adopts a resolution to impose the tax, as provided in subd. 1., an authority shall specify to the department of revenue, as provided in this subdivision, the exact boundaries of the authority's jurisdictional area. If the boundaries are the same as the county lines on all sides of the authority's jurisdictional area, the resolution shall specify the county or counties that comprise the authority's entire jurisdictional area. If the boundaries are other than a county line on any side of the authority's jurisdictional area, the authority shall provide the department with a complete list of all the 9-digit zip codes that are entirely within the authority's jurisdictional area and a complete list of all the street addresses that are within the authority's jurisdictional area and not included in any 9-digit zip code that is entirely within the authority's jurisdictional area. The authority shall provide a certified copy of the information required under this subdivision to the department, in the manner, format, and layout prescribed by the department, at least 120 days prior to the first day of the calendar quarter before the effective date of the tax imposed under subd. 1. If the boundaries of the authority's jurisdictional area subsequently change, the authority shall submit a certified copy of the information required under this subdivision to the department at least 120 days prior to the first day of the calendar quarter before the effective date of such change, in the manner, format, and layout prescribed by the department.

AB75-ASA1,728,11 (4m) Milwaukee County transit management. In addition to the powers specified in sub. (4), the authority created under sub. (2) (a) shall be responsible for the management of transit in Milwaukee County.

AB75-ASA1,728,18 (5) Limitations on authority powers. (a) Notwithstanding sub. (4) (a), (b), (c), (d), (q), and (r), no authority, and no public or private organization with which an authority has contracted for service, may provide service outside the jurisdictional area of the authority unless the authority receives financial support for the service under a contract with a public or other private organization for the service or unless it is necessary in order to provide service to connect residents within the authority's jurisdictional area to transit systems in adjacent counties.

AB75-ASA1,729,2 (b) Whenever the proposed operations of an authority would be competitive with the operations of a common carrier in existence prior to the time the authority commences operations, the authority shall coordinate proposed operations with the common carrier to eliminate adverse financial impact for the carrier. This coordination may include route overlapping, transfers, transfer points, schedule coordination, joint use of facilities, lease of route service, and acquisition of route and corollary equipment. If this coordination does not result in mutual agreement, the proposals of the authority and the common carrier shall be submitted to the department of transportation for arbitration.

AB75-ASA1,729,5 (c) In exercising its powers under subs. (4) and (4m), an authority shall consider any plan of a metropolitan planning organization under 23 USC 134 that covers any portion of the authority's jurisdictional area.

AB75-ASA1,729,10 (6) Authority obligations to employees of mass transportation systems. (a) An authority acquiring a comprehensive unified local transportation system for the purpose of the authority's operation of the system shall assume all of the employer's obligations under any contract between the employees and management of the system to the extent allowed by law.

AB75-ASA1,729,20 (b) An authority acquiring, constructing, controlling, or operating a comprehensive unified local transportation system shall negotiate an agreement with the representative of the labor organization that covers the employees affected by the acquisition, construction, control, or operation to protect the interests of employees affected. This agreement shall include all of the provisions identified in s. 59.58 (4) (b) 1. to 8. and may include provisions identified in s. 59.58 (4) (c). An affected employee has all the rights and the same status under subch. IV of ch. 111 that he or she enjoyed immediately before the acquisition, construction, control, or operation and may not be required to serve a probationary period if he or she attained permanent status before the acquisition, construction, control, or operation.

AB75-ASA1,729,22 (c) In all negotiations under this subsection, a senior executive officer of the authority shall be a member of the authority's negotiating body.

AB75-ASA1,730,2 (7) Bonds; generally. (a) An authority may issue bonds, the principal and interest on which are payable exclusively from all or a portion of any revenues received by the authority. The authority may secure its bonds by a pledge of any income or revenues from any operations, rent, aids, grants, subsidies, contributions, or other source of moneys whatsoever.

AB75-ASA1,730,4 (b) An authority may issue bonds in such principal amounts as the authority deems necessary.

AB75-ASA1,730,7 (c) 1. Neither the members of the board of directors of an authority nor any person executing the bonds is personally liable on the bonds by reason of the issuance of the bonds.

AB75-ASA1,730,12 2. The bonds of an authority are not a debt of the participating political subdivisions. Neither the participating political subdivisions nor the state are liable for the payment of the bonds. The bonds of any authority shall be payable only out of funds or properties of the authority. The bonds of the authority shall state the restrictions contained in this paragraph on the face of the bonds.

AB75-ASA1,730,23 (8) Issuance of bonds. (a) Bonds of an authority shall be authorized by resolution of the board of directors. The bonds may be issued under such a resolution or under a trust indenture or other security instrument. The bonds may be issued in one or more series and may be in the form of coupon bonds or registered bonds under s. 67.09. The bonds shall bear the dates, mature at the times, bear interest at the rates, be in the denominations, have the rank or priority, be executed in the manner, be payable in the medium of payment and at the places, and be subject to the terms of redemption, with or without premium, as the resolution, trust indenture, or other security instrument provides. Bonds of an authority are issued for an essential public and governmental purpose and are public instrumentalities and, together with interest and income, are exempt from taxes.

AB75-ASA1,730,25 (b) The authority may sell the bonds at public or private sales at the price or prices determined by the authority.

AB75-ASA1,731,4 (c) If an officer whose signatures appear on any bonds or coupons ceases to be an officer of the authority before the delivery of the bonds or coupons, the officer's signature shall, nevertheless, be valid for all purposes as if the officer had remained in office until delivery of the bonds or coupons.

AB75-ASA1,731,6 (9) Covenants. An authority may do all of the following in connection with the issuance of bonds:

AB75-ASA1,731,7 (a) Covenant as to the use of any or all of its property, real or personal.