1999 Wisconsin Act 150

150,316 Section 316. 66.21 of the statutes is renumbered 200.03 and amended to read:

200.03 Applicability. Sections 66.20 to 66.26 shall apply This subchapter applies to all areas of the state except those areas included in a metropolitan sewerage district created under ss. 66.88 200.21 to 66.918 200.65.

150,317 Section 317. 66.22 of the statutes is renumbered 200.05, and 200.05 (3) (b) and (6), as renumbered, are amended to read:

200.05 (3) (b) Conduct the hearing to permit any person to present any oral or written pertinent and relevant information relating to the purposes and standards of ss. 66.20 to 66.26 this subchapter; and

(6) No resolution for the formation of a district encompassing the same or substantially the same territory shall be made by any municipality for one year following the issuance of an order denying the formation under ss. 66.20 to 66.26 this subchapter.

150,318 Section 318. 66.225 of the statutes is renumbered 200.07.

150,319 Section 319. 66.23 of the statutes is renumbered 200.09, and 200.09 (1), (9) and (10), as renumbered, are amended to read:

200.09 (1) A district formed under ss. 66.20 to 66.26 this subchapter shall be governed by a 5-member commission appointed for staggered 5-year terms. Except as provided in sub. (11), commissioners shall be appointed by the county board of the county in which the district is located. If the district contains territory of more than one county, the county boards of the counties not having the greatest population in the district shall appoint one commissioner each and the county board of the county having the greatest population in the district shall appoint the remainder. Of the initial appointments, the appointments for the shortest terms shall be made by the counties having the least amount of population, in reverse order of their population included in the district. Commissioners shall be residents of the district. Initial appointments shall be made no sooner than 60 days and no later than 90 days after issuance of the department order forming a district or after completion of any court proceedings challenging such order. A per diem compensation not to exceed $50 may be paid to commissioners. Commissioners may be reimbursed for actual expenses incurred as commissioners in carrying out the work of the commission.

(9) Chapter 276, laws of 1971, shall apply to every metropolitan sewerage district that had been operating, prior to April 30, 1972, under ss. 66.20 to 66.209, 1969 stats. Commissioners for such districts who were in office on April 30, 1972 shall continue to serve until their respective terms are completed. The county board of the county having the greatest population in the district shall appoint 2 additional members to each such commission no sooner than 60 days and no later than 90 days after April 30, 1972. One such member shall have a 5-year term and one such member shall have a 4-year term. The county board of those counties having population within the district that did not appoint the preceding 2 members if any shall, each in turn according to their population in the district, appoint successors to each of the 3 commissioners who held office on April 30, 1972, until their allotted number of appointments, as specified under sub. (1) is filled. The governor may adjust terms of the successors to the 3 original commissioners in order that the appointment schedules are consistent with s. 66.23 this section.

(10) Sections 66.20 200.01 to 66.26 200.15 do not affect the continued validity of contracts and obligations previously entered into by a metropolitan sewerage district operating under ss. 66.20 to 66.209, 1969 stats., prior to April 30, 1972, nor validity of any such district.

150,320 Section 320. 66.24 of the statutes is renumbered 200.11, and 200.11 (1) (b) and (d) and (9), as renumbered, are amended to read:

200.11 (1) (b) Plans. The commission shall prepare and by resolution adopt plans and standards of planning, design and operation for all projects and facilities which will be operated by the district or which affect the services to be provided by the district. Commissions may and are encouraged to contract with regional or area-wide planning agencies for research and planning services. The commission's plans shall be consistent with adopted plans of a regional planning commission or area-wide planning agency organized under s. 66.945 66.0309.

(d) Rules. The commission may adopt rules for the supervision, protection, management and use of the systems and facilities operated by the district. Such rules may, in the interest of plan implementation, restrict or deny the provision of utility services to lands which are described in adopted master plans or development plans of a municipality or county as not being fit or appropriate for urban or suburban development. Rules of the district shall be adopted and enforced as provided by s. 66.902 200.45. Notwithstanding any other provision of law, such rules or any orders issued thereunder, may be enforced under s. 823.02 and the violation of any rule or any order lawfully promulgated by the commission is declared to be a public nuisance.

(9) Extraterritorial service by contract. A district may provide service to territory outside the district, including territory in a county not in that district, under s. 66.30 66.0301, subject to ss. 66.20 200.01 to 66.26 200.15 and 66.902 200.45, except that s. 66.23 200.09 (1) does not require the appointment of a commissioner from that territory.

150,321 Section 321. 66.25 of the statutes is renumbered 200.13, and 200.13 (1) (i), (j), (m) and (n) (intro.), (2), (3) (a), (4), (12) and (13), as renumbered, are amended to read:

200.13 (1) (i) The owner of any parcel of real estate affected by the determination and assessments may, within 20 days after the date of such determination, appeal to the circuit court of the county in which the land is situated, and s. 66.60 66.0703 (12) shall apply to and govern such appeal, however the notice therein required to be served upon the city clerk shall be served upon the district, and the bond therein provided for shall be approved by the commission and the duties therein devolving upon the city clerk shall be performed by the president of the commission.

(j) The commission may provide that the special assessment may be paid in annual instalments not more than 10 in number, and may, for the purpose of anticipating collection of the special assessments, and after said instalments have been determined, issue special improvement bonds payable only out of the special assessment, and s. 66.54 66.0713 shall apply to and govern the instalment payments and the issuance of said bonds, except that the assessment notice shall be substantially in the following form:

INSTALMENT ASSESSMENT NOTICE

Notice is hereby given that a contract has been (or is about to be) let for (describe the improvements) and that the amount of the special assessment therefor has been determined as to each parcel of real estate affected thereby, and a statement of the same is on file with the commission; that it is proposed to collect the same in .... instalments, as provided by s. 66.54 66.0713, with interest thereon at ....% per year; that all assessments will be collected in instalments, as above provided, except such assessments as the owners of the property shall, within 30 days from the date of this notice, file with the commission a statement in writing that they elect to pay in one instalment, in which case the amount of the instalment shall be placed upon the next ensuing tax roll.

(m) Section 66.60 (17) 66.0703 (14) shall be applicable to assessments made under this section.

(n) (intro.) The commission may provide for a deferred due date on the levy of the special assessment as to real estate which is in agricultural use or which is otherwise not immediately to receive actual service from the sewer or other facility for which the assessment is made. Such assessments shall be payable as soon as such lands receive actual service from the sewer or other facility. Any such special assessments shall be a lien against the property from the date of the levy. For the purpose of anticipating collection of special assessments for which the due date has been deferred, the commission may issue special improvement bonds payable only out of the special assessments. Section 66.54 66.0713 shall apply to and govern the issuance of bonds, except that the assessment notice shall be substantially in the following form:

(2) Tax levy. The commission may levy a tax upon the taxable property in the district as equalized by the department of revenue for state purposes for the purpose of carrying out and performing duties under ss. 66.20 to 66.26 this subchapter but the amount of any such tax in excess of that required for maintenance and operation and for principal and interest on bonds or promissory notes shall not exceed, in any one year, one mill for each dollar of the district's equalized valuation, as determined under s. 70.57. The tax levy may be spread upon the respective real estate and personal property tax rolls of the city, village and town areas included in the district taxes, and shall not be included within any limitation on county or municipality taxes. Such moneys when collected shall be paid to the treasurer of such district.

(3) (a) The commission may establish service charges in such amount as to meet all or part of the requirements for the construction, reconstruction, improvement, extension, operation, maintenance, repair and depreciation of functions authorized by ss. 66.20 to 66.26 this subchapter, and for the payment of all or part of the principal and interest of any indebtedness incurred thereof.

(4) Borrowing. A district under ss. 66.20 to 66.26 this subchapter may borrow money and issue municipal obligations under ss. 66.066 66.0621 and 66.54 66.0713 and ch. 67.

(12) Exemption from levies. Lands designated as permanent open space, agricultural protection areas or other undeveloped areas not to be served by public sanitary sewer service in plans adopted by a regional planning commission or other area-wide planning agency organized under s. 66.945 66.0309 and approved by the board of supervisors of the county in which the lands are located shall not have property taxes, assessments or service charges levied against them by the district.

(13) Application of other laws. Section 66.076 66.0821 shall apply to all districts now or hereafter organized and operating under ss. 66.20 to 66.26 this subchapter.

150,322 Section 322. 66.26 of the statutes is renumbered 200.15, and 200.15 (2) and (4), as renumbered, are amended to read:

200.15 (2) Proceedings leading to the addition of other territory to a district may be initiated by petition from a municipal governing body or upon motion of the commission. Upon receipt of the petition or upon adoption of the motion, the commission shall hold a public hearing preceded by a class 2 notice under ch. 985. The commission may approve the annexation upon a determination that the standards of ss. 66.22 200.05 (4) (b) and (c) and 66.26 200.15 (3) are met. Approval actions by the commission under this section shall be subject to review under ch. 227.

(4) Section 66.23 200.09 (1) does not require the appointment of a commissioner from territory annexed under this section if that territory, on the day before the annexation, has a population of less than 8.5% of the total population served by the district.

150,323 Section 323. 66.27 of the statutes is renumbered 66.1025 and amended to read:

66.1025 Relief from conditions of gifts and dedications. (1) If the governing body of a county, city, town or village accepts a gift or dedication of land made on condition that the land be devoted to a special purpose, and the condition subsequently becomes impossible or impracticable, such the governing body may by resolution or ordinance enacted by a two-thirds vote of its members elect members-elect either to grant the land back to the donor or dedicator or the heirs of the donor or dedicator, or accept from the donor or dedicator or the heirs of the donor or dedicator, a grant relieving the county, city, town or village of the condition, pursuant to article XI, section 3a, of the constitution.

(2) (a) If such the donor or dedicator of land to a county, city, town or village or the heirs of the donor or dedicator are unknown or cannot be found, such the resolution or ordinance described under sub. (1) may provide for the commencement of an action under this section for the purpose of relieving the county, city, town or village of the condition of the gift or dedication.

(b) Any such action under this subsection shall be brought in a court of record in the manner provided in ch. 801. A lis pendens shall be filed or recorded as provided in s. 840.10 upon the commencement of the action. Service upon persons whose whereabouts are unknown may be made in the manner prescribed in s. 801.12.

(c) The court may render judgment in such action an action under this subsection relieving the county, city, town or village of the condition of the gift or dedication.

150,324 Section 324. 66.28 (title) of the statutes is renumbered 66.0139 (title).

150,325 Section 325. 66.28 (1) to (4) of the statutes are renumbered 66.0139 (2) to (5) and amended to read:

66.0139 (2) Cities, villages, towns and counties A political subdivision may dispose of any personal property which has been abandoned, or remained unclaimed for a period of 30 days, after the taking of possession of the property by the city, village, town or county officers an officer of the political subdivision by any means determined to be in the best interest of the city, village, town or county political subdivision. If the property is not disposed of in a sale open to the public, every city, village, town and county the political subdivision shall maintain an inventory of such the property ;, a record of the date and method of disposal, including the consideration received for the property, if any, and the name and address of the person taking possession of the property. Such The inventory shall be kept as a public record for a period of not less than 2 years from the date of disposal of the property. Any means of disposal other than public auction shall be specified by ordinance. If the disposal is in the form of a sale, all receipts from the sale, after deducting the necessary expenses of keeping the property and conducting the sale, shall be paid into the city, village, town or county treasury of the political subdivision.

(3) Cities, villages, towns and counties A political subdivision may safely dispose of abandoned or unclaimed flammable, explosive or incendiary substances, materials or devices posing a danger to life or property in their storage, transportation or use immediately after taking possession of the substances, materials or devices without a public auction. The city, village, town or county political subdivision, by ordinance or resolution, may establish disposal procedures. Procedures may include provisions authorizing an attempt to return to the rightful owner substances, materials or devices which have a commercial value in the normal business usage and do not pose an immediate threat to life or property. If enacted, any such provision a disposal procedure shall include a presumption that if the substance, material or device appears to be or is reported stolen an attempt will be made to return the substance, material or device to the rightful owner.

(4) Except as provided in s. 968.20 (3), a 1st class cities city shall dispose of abandoned or unclaimed dangerous weapons or ammunition without a public auction 12 months after taking possession of them if the owner has not requested their return. Disposition Disposal procedures shall be established by ordinance or resolution and may include provisions authorizing an attempt to return to the rightful owner any dangerous weapons or ammunition which appear to be stolen or are reported stolen. If enacted, any such provision a disposal procedure shall include a presumption that if the dangerous weapons or ammunition appear to be or are reported stolen an attempt will be made to return the dangerous weapons or ammunition to the rightful owner. The dangerous weapons or ammunition shall be are subject to sub. (4) (5).

(5) A city, village, town or county political subdivision may retain or dispose of any abandoned, unclaimed or seized dangerous weapon or ammunition only under s. 968.20.

150,326 Section 326. 66.285 of the statutes is renumbered 66.0135, and 66.0135 (1) (intro.), (c) and (d), (2) (a) and (b) 2. and (4) (intro.), as renumbered, are amended to read:

66.0135 (1) Definitions. (intro.) In this section and s. 66.286:

(c) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.

(d) "Subcontractor" has the meaning given in s. 66.29 66.0901 (1) (d).

(2) (a) Except as provided in sub. (4) or as otherwise specifically provided, an agency that does not pay timely the amount due on an order or contract shall pay interest on the balance due from the 31st day after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, or, if the agency does not comply with s. 66.286 sub. (7), from the 31st day after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later, at the rate specified in s. 71.82 (1) (a) compounded monthly.

(b) 2. Within 30 days after receipt of a properly completed invoice or receipt and acceptance of the property or service under the order or contract, or, if the agency does not comply with s. 66.286 sub. (7), within 30 days after receipt of an improperly completed invoice or receipt and acceptance of the property or service under the order or contract, whichever is later.

(4) Exceptions. (intro.) Subsection (2) does not apply to any of the following:

150,327 Section 327. 66.286 of the statutes is renumbered 66.0135 (7).

150,328 Section 328. 66.29 (title) and (1) (title) of the statutes are renumbered 66.0901 (title) and (1) (title).

150,329 Section 329. 66.29 (1) (a) of the statutes is renumbered 66.0901 (1) (b) and amended to read:

66.0901 (1) (b) In this section, "person "Person" means an individual, partnership, association, limited liability company, corporation or joint stock company, lessee, trustee or receiver.

150,330 Section 330. 66.29 (1) (b) of the statutes is renumbered 66.0901 (1) (a) and amended to read:

66.0901 (1) (a) "Municipality" means the state and any or a town, city, village, school district, board of school directors, sewer district, drainage district, technical college district or any other public or quasi-public corporation, officer, board or other public body charged with the duty of receiving bids for and awarding any public contracts.

150,331 Section 331. 66.29 (1) (c) and (d) and (2) to (8) of the statutes are renumbered 66.0901 (1) (c) and (d) and (2) to (8) and amended to read:

66.0901 (1) (c) The term "public "Public contract" shall mean and include any means a contract for the construction, execution, repair, remodeling, or improvement of any a public work, or building, or for the furnishing of supplies, or material of any kind whatsoever, proposals for which are required to be advertised for by law.

(d) "Subcontractor" means a person whose relationship to the principal contractor is substantially the same as to a part of the work as the latter's relationship is to the proprietor. A "subcontractor" takes a distinct part of the work in such a way that the "subcontractor" does not contemplate doing merely personal service.

(2) Bidder's proof of responsibility. Every A municipality, board or public body upon all contracts subject to this section intending to enter into a public contract may, before delivering any form for bid proposals, plans and specifications pertaining thereto to any person, excepting except materialmen, suppliers and others not intending to submit a direct bid, require such the person to submit a full and complete statement sworn to before an officer authorized by law to administer oaths, of. The statement shall consist of information relating to financial ability, equipment, experience in the work prescribed in said the public contract, and of such other matters as that the municipality, board, public body or officer thereof may require requires for the protection and welfare of the public in the performance of any a public contract; such. The statement shall be in writing on a standard form of a questionnaire as that is adopted for such use and furnished by the municipality, board or public body or officer thereof, to be furnished by such municipality, board, public body or officer thereof. Such. The statement shall be filed in the manner and place designated by the municipality, board, public body or such officer thereof. Such statements. The statement shall not be received less than 5 days prior to the time set for opening of bids. The contents of said statements the statement shall be confidential and shall may not be disclosed except upon the written order of such the person furnishing the same, or statement, for necessary use by the public body in qualifying such the person, or in cases of action against, or by such, the person or municipality. The governing body of the municipality or such the committee, board or employe as is charged with, or delegated by the governing body with, the duty of receiving bids and awarding contracts or to whom the governing body has delegated the power shall properly evaluate the sworn statements filed relative to financial ability, equipment and experience in the work prescribed statement and shall find the maker of such the statement either qualified or unqualified. This subsection shall does not apply to cities of the first a 1st class city.

(3) Proof of responsibility, condition precedent. No bid shall be received from any person who has not submitted the sworn statement as provided in sub. (2), provided that any prospective bidder who has once qualified to the satisfaction of the municipality, committee, board, public body or officer employe, and who wishes to become a bidder upon subsequent public contracts under the same jurisdiction of the same, to whose satisfaction the prospective bidder has qualified under sub. (2), need not separately qualify on each public contract unless required so to do by the said municipality, committee, board, public body or officers employe.

(4) Rejection of bids. Whenever If the municipality, committee, board, public body or officer employe is not satisfied with the sufficiency of the answer contained in the questionnaire and financial statement, it provided under sub. (2), the municipality, committee, board or employe may reject said bid, or disregard the same bid.

(5) Corrections of errors in bids. Whenever any If a person shall submit submits a bid or proposal for the performance of public work under any public contract to be let by the a municipality, board, public body or officer thereof, who shall claim and the bidder claims that a mistake, omission or error has been made in preparing the bid, the bidder shall, before the bids are opened, make known the fact that an error, omission or mistake has been made, and in that case. If the bidder makes this fact known, the bid shall be returned to the bidder unopened and the bidder shall may not be entitled to bid upon the public contract at hand unless the same it is readvertised and relet upon the readvertisement. In case any If a bidder shall make makes an error or, omission or mistake and shall discover the same discovers it after the bids are opened, the bidder shall immediately and without delay give written notice and make known the fact of the mistake, omission or error which has been committed and submit to the municipality, board, public body or officers thereof, clear and satisfactory evidence of the mistake, omission or error and that the same it was not caused by any careless act or omission on the bidder's part in the exercise of ordinary care in examining the plans, or specifications and in conforming with the provisions of this section, and in case of. If the discovery and notice of a mistake, omission or error causes a forfeiture, shall the bidder may not be entitled to recover the moneys or certified check forfeited as liquidated damages unless it shall be is proven before a court of competent jurisdiction in an action brought for the recovery of the amount forfeited, that in making the mistake, error or omission the bidder was free from carelessness, negligence or inexcusable neglect.

(6) Separation of contracts; classification of contractors. On those In public contracts calling for the construction, repair, remodeling or improvement of any a public building or structure, other than highway structures and facilities, the a municipality may bid projects based on a single or multiple division of the work. Contracts Public contracts shall be awarded according to the division of work selected for bidding. The municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character and classification of workmen workers to be employed by any contractor, and to classify such contractors as to their financial responsibility, competency and ability to perform work and to set up a classified list of contractors pursuant thereto; and such. The municipality may also reject the bid of any person, if such the person has not been classified pursuant to the said questionnaire for the kind or amount of work in said the bid.

(7) Bidder's certificate. On all contracts When bidding on a public contract, the bidder shall incorporate and make a part of the bidder's proposal for the doing of any work or labor or the furnishing of any material in or about any public work or contract of the municipality a sworn statement by the bidder, or if not an individual by one authorized, that the bidder or authorized person so swearing has examined and carefully prepared the proposal from the plans and specifications and has checked the same in detail before submitting the proposal or bid to the municipality, board, department or officer charged with the letting of bids and also at the same time as. As a part of the proposal, the bidder also shall submit a list of the subcontractors the bidder proposes to contract with, and the class of work to be performed by each, provided that . In order to qualify for inclusion in the bidder's list a subcontractor must shall first submit a bid in writing, to the general contractor at least 48 hours prior to the time of the bid closing, which list shall. The list may not be added to nor or altered without the written consent of the municipality. A proposal of a bidder shall is not be invalid if any subcontractor and the class of work to be performed by the subcontractor has been omitted from a proposal; such the omission shall be considered as inadvertent, or that the bidder will perform the work personally.

(8) Settlement of disputes; defaults. Whenever there is a dispute between the a contractor or surety or the municipality as to the determination whether there is a compliance with the provisions of the a public contract as to the hours of labor, wages, residence, character, and classification of workmen workers employed by any the contractor, the determination of the municipality shall be is final, and in case of violation of said. If a violation of these provisions occurs, the municipality may declare the contract in default and request the surety to perform or relet upon advertisement the remaining portion of the public contract.

150,332 Section 332. 66.29 (9) (title) of the statutes is renumbered 66.0901 (9) (title).

150,333 Section 333. 66.29 (9) (a) of the statutes is repealed.

Note: Repeals the separate definition of "municipality". The definition is restated in Section 258 of this bill.

150,334 Section 334. 66.29 (9) (b) of the statutes is renumbered 66.0901 (9) (b) and amended to read:

66.0901 (9) (b) Retained percentages. As the work progresses under any a contract involving $1,000 or more for the construction, execution, repair, remodeling or improvement of any a public work or building or for the furnishing of any supplies or materials, regardless of whether or not proposals for which the contract are required to be advertised by law, the municipality, from time to time, shall grant to the contractor an estimate of the amount and proportionate value of the work done, which shall entitle entitles the contractor to receive the amount thereof of the estimate, less the retainage, from the proper fund. On all such contracts, the The retainage shall be an amount equal to 10% of said the estimate until 50% of the work has been completed. At 50% completion, further partial payments shall be made in full to the contractor and no additional amounts may be retained unless the architect or engineer certifies that the job is not proceeding satisfactorily, but amounts previously retained shall not be paid to the contractor. At 50% completion or any time thereafter after 50% completion when the progress of the work is not satisfactory, additional amounts may be retained but in no event shall the total retainage may not be more than 10% of the value of the work completed. Upon substantial completion of the work, an amount retained may be paid to the contractor. When the work has been substantially completed except for work which cannot be completed because of weather conditions, lack of materials or other reasons which in the judgment of the municipality are valid reasons for noncompletion, the municipality may make additional payments, retaining at all times an amount sufficient to cover the estimated cost of the work still to be completed or in the alternative may pay out the entire amount retained and receive from the contractor guarantees in the form of a bond or other collateral sufficient to ensure completion of the job. For the purposes of this section, estimates may include any fabricated or manufactured materials and components specified, previously paid for by the contractor and delivered to the work or properly stored and suitable for incorporation in the work embraced in the contract.

150,335 Section 335 . 66.293 of the statutes is renumbered 66.0903, and 66.0903 (title), (1) (g), (3) (am) and (bm), (9), (10) (a) and (b), (11) (a) and (b) 1. to 5. and (12) (a) and (d), as renumbered, are amended to read:

66.0903 (title) Contractor's failure to comply with municipal Municipal prevailing wage and hour scale scales.

(1) (g) 1. "Prevailing 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 project of public works 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, or if.

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, then the "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area shall be 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% of hours worked in that trade or occupation on projects in that area.

(3) (am) Every 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 and prevailing hours of labor for each trade or occupation required in the work contemplated. The department shall make such investigations and hold such public hearings as may be 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 and prevailing hours of labor in all areas of the state for those trades or occupations, with a view to ascertaining the prevailing wage rate and prevailing hours of labor for each such trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the same determination with the requesting local governmental unit applying therefor.

(bm) Any person may request a recalculation of any portion of a determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate or prevailing hours of labor for any given trade or occupation included in the initial determination does not represent the prevailing wage rate or prevailing hours of labor for that trade or occupation in the area. Such The evidence shall include wage rate and hours of labor information for work performed in the contested trade or occupation in the area within the previous 12 months. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

(9) Compliance. (a) When the department finds that a local governmental unit has not requested a determination under sub. (3) (am) or that a local governmental unit, contractor or subcontractor has not physically incorporated a determination into a contract or subcontract as required under this section or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under sub. (3) (dm), the department shall notify the local governmental unit, contractor or subcontractor of such the noncompliance and shall file the determination with the local governmental unit, contractor or subcontractor within 30 days after such the notice.

(b) Upon completion of a project and before receiving final payment for his or her work on the 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 such an the affidavit is filed in proper form and order.

(c) Upon completion of a project and before receiving final payment for his or her work on the project, each contractor shall file with the local governmental unit authorizing 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. A local governmental unit may not authorize a final payment until such an the affidavit is filed in proper form and order. If a local governmental unit authorizes a final payment before such an 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 specified in sub. (4) 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 local governmental unit withhold all or part of the final payment, but the local governmental unit fails to do so, the local governmental unit is liable for all back wages payable up to the amount of that final payment.

(10) (a) Each contractor, subcontractor or contractor's or subcontractor's agent thereof performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid therefor for the hours worked.

(b) The department or the contracting local governmental unit may demand and examine, and it shall be the duty of every contractor, subcontractor and contractor's or subcontractor's agent thereof to shall keep, and furnish to upon request by the department or local governmental unit, copies of payrolls and other records and information relating to the wages paid to persons described in sub. (4) for work to which this section applies. The department may inspect records in the manner provided in chs. 103 to 106. Every contractor, subcontractor or agent performing work on a project that is subject to this section is subject to the requirements of chs. 103 to 106 relating to the examination of records.

(11) (a) Any contractor, subcontractor or contractor's or subcontractor's agent thereof, who fails to pay the prevailing wage rate determined by the department under sub. (3) 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 determined under sub. (3), shall be is liable to any affected employe 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 employe for and in behalf of that employe and other employes similarly situated. No employe may be a party plaintiff to any such the action unless the employe consents in writing to become such 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.

(b) 1. Except as provided in subds. 2., 4. and 6., any contractor, subcontractor or contractor's or subcontractor's agent thereof 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 such violation continues shall be considered is a separate offense.

2. Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the individual is entitled under the contract governing such the project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe 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 such employment or by any other means is guilty of an offense under s. 946.15 (1).

3. Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or contractor's or subcontractor's agent thereof to pay him or her less than the prevailing wage rate set forth in the contract governing such 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).

4. Whoever induces any individual 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 individual is entitled under the contract governing such the project to be deducted from the individual'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 an individual who is working on a project that is subject to 40 USC 276c.

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 such 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.

(12) (a) Except as provided under pars. (b) and (c), the department shall notify any local governmental unit applying for a determination under sub. (3) and any local governmental unit exempted 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. (3) 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 determined under sub. (3) at any time in the preceding 3 years. The department shall include with any such each name the address of such the person and shall specify when such the person failed to pay the prevailing wage rate and when such 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. A local governmental unit may not award any contract to such the person unless otherwise recommended by the department or unless at least 3 years have elapsed from the date the department issued its findings or the date of final determination by a court of competent jurisdiction, whichever is later.

(d) Any person submitting a bid on a project that is subject to this section shall be required, on the date the person submits the bid, to 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 at any other time within 3 years preceding the date the person submits the bid, 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 determined under sub. (3).

150,336 Section 336 . 66.295 of the statutes is repealed.

Note: Repealed as archaic. The section authorizes a city, village, town or county which has received and utilized any benefits or improvements furnished before March 1, 1973 under an unenforceable contract, entered into in good faith and fully performed and accepted, to pay the fair and reasonable value of the benefits and improvements. While this section was amended a number of times after 1949 to extend the cutoff date, that date has not been changed since ch. 97, laws of Wisconsin 1973, which changed the cutoff date from July 1, 1969 to March 1, 1973.