LRBa1005/1
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1999 - 2000 LEGISLATURE
SENATE AMENDMENT 6,
TO 1999 SENATE BILL 277
November 9, 1999 - Offered by Senator Jauch.
SB277-SA6,1,8
7"
Section 3m. 13.48 (19) of the statutes is renumbered 13.48 (19) (a) and
8amended to read:
SB277-SA6,1,99
13.48
(19) (a) Whenever the building commission determines that the use of".
SB277-SA6,2,4
4"
Section 5g. 13.48 (19) (b) of the statutes is created to read:
SB277-SA6,2,95
13.48
(19) (b) The building commission may not lease or acquire a building,
6structure or facility for the purpose of confining persons serving a sentence of
7imprisonment to the Wisconsin state prisons under ch. 973 unless the person who
8undertakes construction or conversion of the building, facility or structure has met
9the requirements of s. 301.19 (2).
SB277-SA6,2,1711
13.48
(27) Lease of correctional facilities. The Subject to sub. (19) (b) and
12s. 20.924 (1) (i) and (j), the building commission may lease any facility
meeting the
13requirements of s. 301.19 (2) for use of the department of corrections as a part of the
14authorized state building program, with an option to purchase the facility by the
15state. Any lease shall provide for the facility to be
constructed in accordance with
16requirements and specifications approved by the department of administration and
17shall permit inspection of the site and facility by agents of the department.".
SB277-SA6,2,22
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Section 7d. 20.924 (1) (j) of the statutes is created to read:
SB277-SA6,3,523
20.924
(1) (j) May not authorize the leasing or acquisition of a building,
24structure or facility or portion thereof under s. 301.19 (2) (a) or approve the
1construction or conversion of any building, structure or facility under s. 301.19 (2)
2(a) for initial occupancy by the department of corrections for the purpose of confining
3persons serving a sentence of imprisonment to the Wisconsin state prisons under ch.
4973 unless the lessor or seller has agreed to comply with all of the following
5requirements:
SB277-SA6,3,126
1. The lessor or seller may not permit any employe working on the building,
7structure or facility, or portion thereof, who would be entitled to receive the
8prevailing wage rate under s. 103.49 and who would not be required or permitted to
9work more than the prevailing hours of labor, if the building, structure or facility, or
10portion thereof, were a project of public works subject to s. 103.49, to be paid less than
11the prevailing wage rate or to be required or permitted to work more than the
12prevailing hours of labor, except as permitted under s. 103.49 (2).
SB277-SA6,3,1813
2. The lessor or seller shall require each contractor, subcontractor or agent
14thereof performing work on the building, structure or facility, or portion thereof, to
15keep and permit inspection of records in the same manner as a contractor,
16subcontractor or agent thereof performing work on a project of public works that is
17subject to s. 103.49 is required to keep and permit inspection of records under s.
18103.49 (5).
SB277-SA6,3,2519
3. The lessor or seller shall otherwise comply with s. 103.49 in the same manner
20as a state agency contracting for the erection, construction, remodeling, repairing or
21demolition of a project of public works is required to comply with s. 103.49 and to
22require any contractor, subcontractor or agent thereof performing work on the
23building, structure or facility, or portion thereof, to comply with s. 103.49 in the same
24manner as a contractor, subcontractor or agent thereof performing work on a project
25of public works that is subject to s. 103.49 is required to comply with s. 103.49.
SB277-SA6,4,222
109.09
(1) The department shall investigate and attempt equitably to adjust
3controversies between employers and employes as to alleged wage claims. The
4department may receive and investigate any wage claim which is filed with the
5department, or received by the department under s. 109.10 (4), no later than 2 years
6after the date the wages are due. The department may, after receiving a wage claim,
7investigate any wages due from the employer against whom the claim is filed to any
8employe during the period commencing 2 years before the date the claim is filed. The
9department shall enforce this chapter and ss.
20.924 (1) (j) 1., 2. and 3., 66.293,
10103.02, 103.49, 103.82 and 104.12. In pursuance of this duty, the department may
11sue the employer on behalf of the employe to collect any wage claim or wage
12deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except
13for actions under s. 109.10, the department may refer such an action to the district
14attorney of the county in which the violation occurs for prosecution and collection and
15the district attorney shall commence an action in the circuit court having appropriate
16jurisdiction. Any number of wage claims or wage deficiencies against the same
17employer may be joined in a single proceeding, but the court may order separate
18trials or hearings. In actions that are referred to a district attorney under this
19subsection, any taxable costs recovered by the district attorney shall be paid into the
20general fund of the county in which the violation occurs and used by that county to
21meet its financial responsibility under s. 978.13 (2) for the operation of the office of
22the district attorney who prosecuted the action.
SB277-SA6, s. 7m
23Section 7m. 111.322 (2m) (c) of the statutes is amended to read:
SB277-SA6,5,3
1111.322
(2m) (c) The individual files a complaint or attempts to enforce a right
2under s.
20.924 (1) (j) 1., 2. or 3., 66.293 or 103.49 or testifies or assists in any action
3or proceeding under s.
20.924 (1) (j) 1., 2. or 3., 66.293 or 103.49.
SB277-SA6, s. 7r
4Section 7r. 227.01 (13) (t) of the statutes is amended to read:
SB277-SA6,5,95
227.01
(13) (t) Ascertains and determines prevailing wage rates and prevailing
6hours of labor under
ss. s. 20.924 (1) (j), 66.293, 103.49
and or 103.50, except that any
7action or inaction which ascertains and determines prevailing wage rates and
8prevailing hours of labor under
ss. s. 20.924 (1) (j), 66.293, 103.49
and or 103.50 is
9subject to judicial review under s. 227.40.".
SB277-SA6,5,11
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Section 10m. 301.19 of the statutes is created to read:
SB277-SA6,5,13
12301.19 Construction of correctional facilities by private persons. (1)
13In this section:
SB277-SA6,5,1614
(a) "Authorized jurisdiction" means a county, a group of counties acting under
15s. 302.44, the United States or a federally recognized American Indian tribe or band
16in this state.
SB277-SA6,5,2017
(b) "Correctional facility" means a prison, jail, house of correction or lockup
18facility but does not include an institution or facility or a portion of an institution or
19facility that is used solely to confine juveniles alleged or found to be delinquent under
20ch. 48, 1993 stats., or ch. 938.
SB277-SA6,5,23
21(2) No private person may commence construction of a correctional facility or
22commence conversion of an existing building, structure or facility into a correctional
23facility unless all of the following requirements are met:
SB277-SA6,6,4
1(a) The building commission has authorized the lease or acquisition of the
2building, structure or facility by the state upon the completion of the construction or
3conversion or has approved the construction or conversion of the building, structure
4or facility.
SB277-SA6,6,55
(b) The private person agrees to comply with s. 20.924 (j) 1., 2. and 3.
SB277-SA6,6,8
6(3) Subsection (2) does not apply to buildings, structures or facilities that are
7constructed or converted under a contract with and for use by an authorized
8jurisdiction.".
SB277-SA6,6,13
912.
13. Page 9, line 21: delete the material beginning with "construction"
10and ending with "1999" on line 22 and substitute "seller or lessor has met the
11requirements of s. 301.19 (2) and the requirements of s. 20.924 (1) (j) that would apply
12if the building or the portion of the building were being acquired or leased by the
13building commission".
SB277-SA6,6,15
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Section
16g. 946.15 (1) of the statutes is amended to read:
SB277-SA6,7,516
946.15
(1) Any employer, or any agent or employe of an employer, who induces
17any person who seeks to be or is employed pursuant to a public contract as defined
18in s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing
19wage rate determination has been issued by the department of workforce
20development under s.
20.924 (1) (j), 66.293 (3), 103.49 (3) or 103.50 (3) or by a local
21governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to give up, waive
22or return any part of the compensation to which that person is entitled under his or
23her contract of employment or under the prevailing wage rate determination issued
24by the department or local governmental unit, or who reduces the hourly basic rate
1of pay normally paid to an employe for work on a project on which a prevailing wage
2rate determination has not been issued under s.
20.924 (1) (j), 66.293 (3) or (6), 103.49
3(3) or 103.50 (3) during a week in which the employe works both on a project on which
4a prevailing wage rate determination has been issued and on a project on which a
5prevailing wage rate determination has not been issued, is guilty of a Class E felony.
SB277-SA6,7,207
946.15
(2) Any person employed pursuant to a public contract as defined in s.
866.29 (1) (c) or employed on a project on which a prevailing wage rate determination
9has been issued by the department of workforce development under s.
20.924 (1) (j), 1066.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s.
1166.293 (1) (d), under s. 66.293 (6) who gives up, waives or returns to the employer or
12agent of the employer any part of the compensation to which the employe is entitled
13under his or her contract of employment or under the prevailing wage determination
14issued by the department or local governmental unit, or who gives up any part of the
15compensation to which he or she is normally entitled for work on a project on which
16a prevailing wage rate determination has not been issued under s.
20.924 (1) (j), 1766.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the person works
18part-time on a project on which a prevailing wage rate determination has been
19issued and part-time on a project on which a prevailing wage rate determination has
20not been issued, is guilty of a Class C misdemeanor.
SB277-SA6,8,622
946.15
(3) Any employer or labor organization, or any agent or employe of an
23employer or labor organization, who induces any person who seeks to be or is
24employed on a project on which a prevailing wage rate determination has been issued
25by the department of workforce development under s.
20.924 (1) (j), 66.293 (3), 103.49
1(3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under
2s. 66.293 (6) to permit any part of the wages to which that person is entitled under
3the prevailing wage rate determination issued by the department or local
4governmental unit to be deducted from the person's pay is guilty of a Class E felony,
5unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who
6is working on a project that is subject to
40 USC 276c.
