Amendment SA1-SSA1-AB75

AB75-SSA1-SA1,53,14 " Section 1486f. 66.0903 (12) (d) of the statutes is amended to read:

AB75-SSA1-SA1,53,24 66.0903 (12) (d) Any person submitting a bid or negotiating a contract on a project of public works that is subject to this section shall, on the date the person submits the bid or negotiates the contract, 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 negotiates the contract or at any other time within 3 years preceding the date 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. (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.".

AB75-SSA1-SA1,53,25 207. Page 706, line 2: after that line insert:

AB75-SSA1-SA1,54,3 "(am) "Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).".

AB75-SSA1-SA1,54,4 208. Page 706, line 4: delete lines 4 to 19 and substitute:

AB75-SSA1-SA1,54,12 "(c) "Direct financial assistance" means moneys, in the form of a grant or other agreement or included as part of a contract, cooperative agreement, or any other arrangement, including a redevelopment agreement under s. 66.1333 (5), economic development agreement, contract under s. 66.1105 (3), or assistance provided under s. 66.1109, that a local governmental unit directly provides or otherwise directly makes available to assist in the erection, construction, repair, remodeling, demolition, or improvement of a private facility. "Direct financial assistance" does not include any of the following:

AB75-SSA1-SA1,54,16 1. A public works contract, a supply procurement contract, a contract of insurance or guaranty, a collective bargaining agreement, or any other contract under which moneys are not directly provided or otherwise directly made available for that assistance.

AB75-SSA1-SA1,54,24 2. Any moneys allocated by the city of Milwaukee for the purchase of public access easements that are located entirely in the Milwaukee Riverwalk Site Plan Review Overlay District established by the city of Milwaukee, as amended to June 1, 2009, or for the construction of dockwalls, walkways, plazas, parks, private roadways open to the public, or similar improvements, or for any other public infrastructure improvements, that are located entirely in that district, if the work on those improvements is subject to s. 66.0903 or is exempted from that section under s. 66.0903 (6).".

AB75-SSA1-SA1,54,25 209. Page 706, line 22: after that line insert:

AB75-SSA1-SA1,55,8 "(fm) "Minor service and maintenance work" means a publicly funded private construction project that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on private facilities or equipment that is routinely performed to prevent breakdown or deterioration.".

AB75-SSA1-SA1,55,9 210. Page 706, line 25: delete "or".

AB75-SSA1-SA1,55,10 211. Page 707, line 1: after "demolition" insert ", or improvement".

AB75-SSA1-SA1,55,11 212. Page 707, line 8: delete "or".

AB75-SSA1-SA1,55,12 213. Page 707, line 9: after "demolition" insert ", or improvement".

AB75-SSA1-SA1,55,13 214. Page 707, line 16: delete lines 16 to 18.

AB75-SSA1-SA1,55,14 215. Page 707, line 19: delete "unit." and substitute:

AB75-SSA1-SA1,55,20 "(i) "Publicly funded private construction project" means a construction project in which the developer, investor, or owner of the project receives direct financial assistance from a local governmental unit for the erection, construction, repair, remodeling, demolition, or improvement, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure.".

AB75-SSA1-SA1,55,22 216. Page 707, line 20: delete "that is subject to s 66.0903" and substitute ", as defined in s. 66.0903 (1) (h),".

AB75-SSA1-SA1,55,23 217. Page 708, line 1: delete "facility" and substitute "residential property".

AB75-SSA1-SA1,55,24 218. Page 708, line 2: after that line insert:

AB75-SSA1-SA1,56,7 "(im) "Supply and installation contract" means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts and no other work is performed on the site of the publicly funded private construction project, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract.".

AB75-SSA1-SA1,56,9 219. Page 708, line 6: delete "or demolition" and substitute ", demolition, or improvement".

AB75-SSA1-SA1,56,12 220. Page 709, line 9: delete "section." and substitute "section in the performance of erection, construction, remodeling, repair, demolition, or improvement activities for which direct financial assistance is received.".

AB75-SSA1-SA1,56,14 221. Page 709, line 11: after "equipment" insert "for which direct financial assistance is received".

AB75-SSA1-SA1,56,15 222. Page 710, line 9: delete lines 9 to 12.

AB75-SSA1-SA1,56,17 223. Page 710, line 20: delete "project is located" and substitute "work is to be done".

AB75-SSA1-SA1,56,18 224. Page 711, line 3: after "providing" insert "direct".

AB75-SSA1-SA1,56,19 225. Page 712, line 25: delete that line and substitute:

AB75-SSA1-SA1,56,21 "(c) Minor service or maintenance work, warranty work, or work under a supply and installation contract.".

AB75-SSA1-SA1,57,4 226. Page 715, line 1: delete lines 1 and 2 and substitute "apply to a contractor, subcontractor, or agent if all persons employed by the contractor, subcontractor, or agent who are performing the work described in sub. (3) are covered under a collective bargaining agreement and the wage rates for those persons under the collective bargaining agreement are not less than the prevailing wage rate. In that case, the contractor,".

AB75-SSA1-SA1,57,6 227. Page 715, line 4: delete "the collective bargaining agreement" and substitute "all collective bargaining agreements that are pertinent to the project".

AB75-SSA1-SA1,57,7 228. Page 715, line 15: after "providing" insert "direct".

AB75-SSA1-SA1,57,8 229. Page 717, line 1: delete lines 1 to 13 and substitute:

AB75-SSA1-SA1,57,15 "(9) Liability and penalties. (a) 1. 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 amount as liquidated damages as provided in subd. 2., 3., or 4., whichever is applicable.

AB75-SSA1-SA1,57,24 2. If the department determines upon inspection under sub. (8) (b) or (c) that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the department shall order the contractor to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages within a period specified by the department in the order.

AB75-SSA1-SA1,58,13 3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any employee for and in behalf of that employee and other employees similarly situated may commence an action to recover that liability in any court of competent jurisdiction. In an action that is commenced before the end of any period specified by the department under subd. 2., if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.

AB75-SSA1-SA1,58,22 4. In an action that is commenced after the end of any period specified by the department under subd. 2., if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 200 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.

AB75-SSA1-SA1,59,2 5. No employee may be a party plaintiff to an action under subd. 3. or 4. 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-SSA1-SA1,59,4 230. Page 717, line 23: delete "both on a" and substitute "both on a publicly funded private construction".

AB75-SSA1-SA1,59,6 231. Page 718, line 8: delete "both on a" and substitute "both on a publicly funded private construction".

AB75-SSA1-SA1,59,8 232. Page 721, line 20: delete the material beginning with "(a)" and ending with "County" on line 25.

AB75-SSA1-SA1,59,9 233. Page 723, line 4: after that line insert:

AB75-SSA1-SA1,59,18 "(e) Chequamegon Bay regional transit authority. 1. The Chequamegon Bay regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing bodies of the counties of Ashland and Bayfield each adopt a resolution authorizing that county to become a member of the authority and each resolution is ratified by the electors at a referendum held in each county. Once created, this authority shall consist of the counties of Ashland and Bayfield and any municipality located in whole or in part within these counties. Once created, this authority may transact business and exercise any powers granted to it under this section.

AB75-SSA1-SA1,59,20 2. The jurisdictional area of the authority created under this subsection is the combined territorial boundaries of the counties of Ashland and Bayfield.".

AB75-SSA1-SA1,59,21 234. Page 723, line 7: delete "(b)" and substitute "(c) 5.".

AB75-SSA1-SA1,59,22 235. Page 723, line 12: delete lines 12 to 18.

AB75-SSA1-SA1,60,3 236. Page 724, line 4: after "authority," insert "or from a city within the jurisdictional area of the authority other than a city from which a member is appointed under subd. 2. or 4.,".

AB75-SSA1-SA1,60,9 237. Page 724, line 5: after "Association." insert "A member appointed under this subdivision may not serve more than one consecutive term. Board membership under this subdivision shall follow a rotating order of succession and every village or city eligible to have a member appointed from that village or city shall have such a member appointed before any village or city has an opportunity to have another member appointed under this subdivision.".

AB75-SSA1-SA1,60,10 238. Page 724, line 5: after that line insert:

AB75-SSA1-SA1,60,13 "(f) 1. If an authority is created under sub. (2) (e), the board of directors of the authority shall be determined by resolution of the governing bodies of the counties of Ashland and Bayfield, except that all of the following shall apply:

AB75-SSA1-SA1,60,14 a. The board of directors shall consist of not more than 17 members.

AB75-SSA1-SA1,60,17 b. The board of directors shall include at least 3 members each from the counties of Ashland and Bayfield, appointed by the county executive and approved by the county board.

AB75-SSA1-SA1,60,20 c. The board of directors shall include at least one member from the most populous city of each county that is a member, appointed by the mayor of the city and approved by the common council of the city.

AB75-SSA1-SA1,60,22 d. The board of directors shall include at least one member from the authority's jurisdictional area, appointed by the governor.

AB75-SSA1-SA1,61,2 2. If the governing bodies of the counties of Ashland and Bayfield are unable to agree upon a composition of the board of directors as specified in subd. 1., the board of directors of the authority shall be limited to the minimum members specified in subd. 1. b. to d.".

AB75-SSA1-SA1,61,3 239. Page 724, line 12: after that line insert:

AB75-SSA1-SA1,61,5 "4. The composition of the board of directors of the authority, as determined under par. (f).".

AB75-SSA1-SA1,61,6 240. Page 727, line 6: delete "an advisory" and substitute "a".

AB75-SSA1-SA1,61,8 241. Page 727, line 8: after "77" insert "and the referendum is decided in the affirmative".

AB75-SSA1-SA1,61,9 242. Page 727, line 8: delete "should" and substitute "may".

AB75-SSA1-SA1,61,10 243. Page 728, line 8: after that line insert:

AB75-SSA1-SA1,61,15 "4. Notwithstanding subd. 1., an authority created under sub. (2) (e) may not impose the taxes authorized under subd. 1. unless the authorizing resolution under sub. (2) (e) 1., as well as the referendum question on the referendum ballot specified in sub. (2) (e) 1., clearly identifies the maximum rate of the taxes that may be imposed by the authority under subd. 1.".

AB75-SSA1-SA1,61,16 244. Page 728, line 9: delete lines 9 to 11.

AB75-SSA1-SA1,61,17 245. Page 729, line 3: delete "subs. (4) and (4m)," and substitute "sub. (4),".

AB75-SSA1-SA1,61,19 246. Page 734, line 13: delete "sub. (15)," and substitute "subs. (15) and (15m),".

AB75-SSA1-SA1,61,21 247. Page 734, line 13: delete the material beginning with "Except" and ending with "rates" on line 14 and substitute "Rates".

AB75-SSA1-SA1,61,22 248. Page 735, line 13: delete lines 13 to 21.

AB75-SSA1-SA1,61,23 249. Page 735, line 21: after that line insert:

AB75-SSA1-SA1,62,6 "(15m) Dane County highway projects. An authority created under sub. (2) (b) may transfer revenues from taxes imposed by the authority under sub. (4) (s) to any political subdivision within the authority's jurisdictional area to fund highway projects within the authority's jurisdictional area. If any transfer is made under this subsection, the authority's board shall determine the recipients and amounts of all such transfers.".

AB75-SSA1-SA1,62,7 250. Page 736, line 2: after that line insert:

AB75-SSA1-SA1,62,8 " Section 1488s. 66.1103 (2) (k) 20. of the statutes is amended to read:

AB75-SSA1-SA1,62,13 66.1103 (2) (k) 20. A shopping center, or an office building, convention or trade center, hotel, motel or other nonresidential facility, which is located in or adjacent to a blighted area as defined by s. 66.1105 (2) (a) (ae), 66.1331 (3) (a) or 66.1333 (2m) (b) or in accordance with a redevelopment plan or urban renewal plan adopted under s. 66.1331 (5) or 66.1333 (6).

AB75-SSA1-SA1, s. 1488u Section 1488u. 66.1105 (2) (a) of the statutes is renumbered 66.1105 (2) (ae).

AB75-SSA1-SA1, s. 1488uc Section 1488uc. 66.1105 (2) (ab) of the statutes is created to read:

AB75-SSA1-SA1,62,17 66.1105 (2) (ab) "Affordable housing" means housing that costs a household no more than 30 percent of the household's gross monthly income.

AB75-SSA1-SA1, s. 1488ue Section 1488ue. 66.1105 (2) (bq) of the statutes is created to read:

AB75-SSA1-SA1,62,20 66.1105 (2) (bq) "Household" means an individual and his or her spouse and all minor dependents.".

AB75-SSA1-SA1,62,21 251. Page 736, line 7: after that line insert:

AB75-SSA1-SA1,62,22 " Section 1489e. 66.1105 (6) (c) of the statutes is amended to read:

AB75-SSA1-SA1,63,19 66.1105 (6) (c) Except for tax increments allocated under par. (d), (dm), (e), or (f), or (g) all tax increments received with respect to a tax incremental district shall, upon receipt by the city treasurer, be deposited into a special fund for that district. The city treasurer may deposit additional moneys into such fund pursuant to an appropriation by the common council. No moneys may be paid out of such fund except to pay project costs with respect to that district, to reimburse the city for such payments, to pay project costs of a district under par. (d), (dm), (e), or (f), or (g) or to satisfy claims of holders of bonds or notes issued with respect to such district. Subject to par. (d), (dm), (e), or (f), or (g), moneys paid out of the fund to pay project costs with respect to a district may be paid out before or after the district is terminated under sub. (7). Subject to any agreement with bondholders, moneys in the fund may be temporarily invested in the same manner as other city funds if any investment earnings are applied to reduce project costs. After all project costs and all bonds and notes with respect to the district have been paid or the payment thereof provided for, subject to any agreement with bondholders, if there remain in the fund any moneys that are not allocated under par. (d), (dm), (e), or (f), or (g), they shall be paid over to the treasurer of each county, school district or other tax levying municipality or to the general fund of the city in the amounts that belong to each respectively, having due regard for that portion of the moneys, if any, that represents tax increments not allocated to the city and that portion, if any, that represents voluntary deposits of the city into the fund.

AB75-SSA1-SA1, s. 1489i Section 1489i. 66.1105 (6) (g) of the statutes is created to read:

AB75-SSA1-SA1,63,24 66.1105 (6) (g) 1. After the date on which a tax incremental district created by a city pays off the aggregate of all of its project costs, and notwithstanding the time at which such a district would otherwise be required to terminate under sub. (7), a city may extend the life of the district for one year if the city does all of the following:

AB75-SSA1-SA1,64,3 a. The city adopts a resolution extending the life of the district for a specified number of months. The resolution shall specify how the city intends to improve its housing stock, as required in subd. 3.

AB75-SSA1-SA1,64,6 b. The city forwards a copy of the resolution to the department of revenue, notifying the department that it must continue to authorize the allocation of tax increments to the district under par. (a).

AB75-SSA1-SA1,64,12 2. If the department of revenue receives a notice described under subd. 1. b., it shall continue authorizing the allocation of tax increments to the district under par. (a) during the district's life, as extended by the city, as if the district's costs had not been paid off and without regard to whether any of the time periods specified in par. (a) 2. to 8. would otherwise require terminating the allocation of such increments.

AB75-SSA1-SA1,64,16 3. If a city receives tax increments as described in subd. 2., the city shall use at least 75 percent of the increments received to benefit affordable housing in the city. The remaining portion of the increments shall be used by the city to improve the city's housing stock.".

AB75-SSA1-SA1,64,17 252. Page 750, line 5: delete "the occupied" and substitute "the".

AB75-SSA1-SA1,64,19 253. Page 752, line 10: after "is" insert "owned by a benevolent association and".

AB75-SSA1-SA1,64,21 254. Page 752, line 10: delete "Retirement" and substitute "Benevolent retirement".