Amendment SA2-SSA1-SB21

SB21-SSA1-SA2,28,2 946.15 (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract , as defined in s. 66.0901 (1) (c), or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) that is subject to s. 16.856 or 84.062 to give up, waive, or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department s. 16.856 or 84.062, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) that is not subject to s. 16.856 or 84.062 during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued that is subject to s. 16.856 or 84.062 and on a project on which a prevailing wage rate determination has not been issued that is not subject to s. 16.856 or 84.062, is guilty of a Class I felony.

SB21-SSA1-SA2,4726f Section 4726f. 946.15 (2) of the statutes is amended to read:

SB21-SSA1-SA2,28,18 946.15 (2) Any person employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) that is subject to s. 16.856 or 84.062 who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department s. 16.856 or 84.062, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) that is not subject to s. 16.856 or 84.062 during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued that is subject to s. 16.856 or 84.062 and part-time on a project on which a prevailing wage rate determination has not been issued that is not subject to s. 16.856 or 84.062, is guilty of a Class C misdemeanor.

SB21-SSA1-SA2,4726p Section 4726p. 946.15 (3) of the statutes is amended to read:

SB21-SSA1-SA2,29,4 946.15 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) that is subject to s. 16.856 or 84.062 to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit s. 16.856 or 84.062 to be deducted from the person's pay is guilty of a Class I felony, 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.

SB21-SSA1-SA2,4726w Section 4726w. 946.15 (4) of the statutes is amended to read:

SB21-SSA1-SA2,29,13 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) that is subject to s. 16.856 or 84.062 who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit s. 16.856 or 84.062 to be deducted from his or her pay is guilty of a Class C misdemeanor, 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.".

SB21-SSA1-SA2,29,14 82. Page 1452, line 2: after that line insert:

SB21-SSA1-SA2,29,16 " Section 4740b. 978.05 (6) (a) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21-SSA1-SA2,30,5 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 84.062 (8), 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.".

SB21-SSA1-SA2,30,6 83. Page 1455, line 14: delete "the technical college system board;".

SB21-SSA1-SA2,30,7 84. Page 1507, line 10: delete "2016" and substitute "2017".

SB21-SSA1-SA2,30,8 85. Page 1533, line 6: after that line insert:

SB21-SSA1-SA2,30,18 "(1q) Prevailing wage; emergency rules. Using the procedure under section 227.24 of the statutes, the department of administration may promulgate rules under section 16.856 (7) of the statutes, as created by this act, for the period before the effective date of any corresponding permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.".

SB21-SSA1-SA2,30,19 86. Page 1545, line 3: after that line insert:

SB21-SSA1-SA2,30,23 "(1q) General program operations lapse. Notwithstanding section 20.001 (3) (b) of the statutes, on July 1, 2016, there is lapsed to the general fund $25,000,000 from the appropriation account under section 20.285 (1) (a) of the statutes, as affected by this act.".

SB21-SSA1-SA2,30,24 87. Page 1550, line 9: delete "2016" and substitute "2017".

SB21-SSA1-SA2,31,1 88. Page 1554, line 2: after that line insert:

SB21-SSA1-SA2,31,4 "(5k) Rented personal property. The treatment of section 70.111 (22) of the statutes first applies retroactively to the property tax assessments as of January 1, 2014.".

SB21-SSA1-SA2,31,5 89. Page 1555, line 21: after that line insert:

SB21-SSA1-SA2,31,9 "(7j) Municipal utility facilities. The treatment of sections 84.295 (4m) (d) and (e) 2. and 200.35 (7) of the statutes first applies to utility facility owners notified by the department of transportation under section 84.063 (2) (a) of the statutes on January 1, 2016.".

SB21-SSA1-SA2,31,10 90. Page 1556, line 19: after that line insert:

SB21-SSA1-SA2,31,11 "(3q) Prevailing wage.

SB21-SSA1-SA2,31,24 (a) The treatment of sections 16.856, 19.36 (12), 66.0129 (5), 66.0903 (title), (1) (a), (am), (b), (c), (cm), (dr), (em), (f), (g), (hm), (im), and (j), (1m) (a) (intro.) and 1. to 3. and (b), and (2) to (12), 84.062, 84.41 (3), 103.005 (12) (a), 103.49 (title), (1) (intro.), (a), (am) (b), (bg), (bj), (br), (c), (d), (em), (f), (fm), and (g), (1m), (2), (2m), (3), (3g), (4r), (5), (6m) (title), (ag), (am), (b) to (e), and (f), and (7), 103.50 (title), (1), (2), (2g), (2m), (3) to (5), (6), (7) (title), (a) to (e), and (f), and (8), 103.503 (1) (a), (c), (e), and (g), (2), and (3) (a) 2., 104.001 (3) (intro.), (a), and (b), 106.04 (1) (d), 109.09 (1), 111.322 (2m) (a), (b), and (c), 227.01 (13) (t), 229.682 (2), 229.8275, 946.15 (1), (2), (3), and (4), and 978.05 (6) (a) (by Section 4740b) of the statutes first applies, with respect to a project of public works that is subject to bidding, to a project for which the request for bids is issued on the effective date of this paragraph and, with respect to a project of public works that is not subject to bidding, to a project the contract for which is entered into on the effective date of this paragraph.

SB21-SSA1-SA2,32,3 (b) The treatment of sections 66.0903 (10) (d), 111.322 (2m) (c), and 229.8275 of the statutes first applies to acts of discrimination that occur on the effective date of this paragraph.".

SB21-SSA1-SA2,32,4 91. Page 1567, line 5: after that line insert:

SB21-SSA1-SA2,32,6 "(5k) Rented personal property. The treatment of section 70.111 (22) of the statutes takes effect retroactively to January 1, 2014.".

SB21-SSA1-SA2,32,7 92. Page 1570, line 2: after that line insert:

SB21-SSA1-SA2,32,17 "(3q) Prevailing wage. The treatment of sections 116.856, 19.36 (12), 66.0129 (5), 66.0903 (title), (1) (a), (am), (b), (c), (cm), (dr), (em), (f), (g), (hm), (im), and (j), (1m) (a) (intro.) and 1. to 3. and (b), and (2) to (12), 84.062, 84.41 (3), 103.005 (12) (a), 103.49 (title), (1) (intro.), (a), (am) (b), (bg), (bj), (br), (c), (d), (em), (f), (fm), and (g), (1m), (2), (2m), (3), (3g), (4r), (5), (6m) (title), (ag), (am), (b) to (e), and (f), and (7), 103.50 (title), (1), (2), (2g), (2m), (3) to (5), (6), (7) (title), (a) to (e), and (f), and (8), 103.503 (1) (a), (c), (e), and (g), (2), and (3) (a) 2., 104.001 (3) (intro.), (a), and (b), 106.04 (1) (d), 109.09 (1), 111.322 (2m) (a), (b), and (c), 227.01 (13) (t), 229.682 (2), 229.8275, 946.15 (1), (2), (3), and (4), and 978.05 (6) (a) (by Section 4740b) of the statutes and Sections 9151 (1q) and 9351 (3q) of this act take effect on January 1, 2017.".

SB21-SSA1-SA2,32,18 (End)