AB75-ASA1,712,522 (d) Any person may request a recalculation of any portion of an initial
23determination within 30 days after the initial determination date if the person
24submits evidence with the request showing that the prevailing wage rate for any
25given trade or occupation included in the initial determination does not represent the

1prevailing wage rate for that trade or occupation in the area. The evidence shall
2include wage rate information reflecting work performed by persons working in the
3contested trade or occupation in the area during the current survey period. The
4department shall affirm or modify the initial determination within 15 days after the
5date on which the department receives the request for recalculation.
AB75-ASA1,712,196 (e) In addition to the recalculation under par. (d), the owner or developer that
7requested the determination under this subsection may request a review of any
8portion of the determination within 30 days after the date of issuance of the
9determination if the owner or developer submits evidence with the request showing
10that the prevailing wage rate for any given trade or occupation included in the
11determination does not represent the prevailing wage rate for that trade or
12occupation in the city, village, or town in which the proposed publicly funded private
13construction project is located. That evidence shall include wage rate information
14for the contested trade or occupation on at least 3 similar projects located in the city,
15village, or town where the proposed publicly funded private construction project is
16located on which some work has been performed during the current survey period
17and which were considered by the department in issuing its most recent compilation
18under par. (b). The department shall affirm or modify the determination within 15
19days after the date on which the department receives the request for review.
AB75-ASA1,712,20 20(5) Nonapplicability. This section does not apply to any of the following:
AB75-ASA1,712,2221 (a) A publicly funded private construction project that receives less than
22$1,000,000 in direct financial assistance from a local governmental unit.
AB75-ASA1,712,2423 (b) A publicly funded private construction project in which the labor for the
24project is provided by unpaid volunteers.
AB75-ASA1,712,2525 (c) Minor service, maintenance, or warranty work.
AB75-ASA1,713,7
1(6) Exemptions. The department, upon petition of any owner or developer
2contracting for a publicly funded private construction project that is subject to this
3section, shall issue an order exempting the owner or developer from applying to the
4department for a determination under sub. (4) when it is shown that the project is
5also subject to an ordinance or other enactment of a local governmental unit that sets
6forth standards, policy, procedure, and practice resulting in standards as high or
7higher than those under this section.
AB75-ASA1,713,16 8(7) Compliance. (a) When the department finds that an owner or developer
9has not requested a determination under sub. (4) (a) or that an owner, developer,
10contractor, or subcontractor has not physically incorporated a determination into a
11contract or subcontract as required under sub. (2) (b) or has not notified a minor
12subcontractor of a determination in the manner prescribed by the department by
13rule promulgated under sub. (2) (b), the department shall notify the owner,
14developer, contractor, or subcontractor of the noncompliance and shall file the
15determination with the owner, developer, contractor, or subcontractor within 30 days
16after the notice.
AB75-ASA1,713,2217 (b) Upon completion of a publicly funded private construction project that is
18subject to this section and before receiving final payment for his or her work on the
19private construction project, each agent or subcontractor shall furnish the contractor
20with an affidavit stating that the agent or subcontractor has complied fully with the
21requirements of this section. A contractor may not authorize final payment until the
22affidavit is filed in proper form and order.
AB75-ASA1,714,1323 (c) Upon completion of a publicly funded private construction project that is
24subject to this section and before receiving final payment for his or her work on the
25project, each contractor shall file with the owner or developer contracting for the

1work an affidavit stating that the contractor has complied fully with the
2requirements of this section and that the contractor has received an affidavit under
3par. (b) from each of the contractor's agents and subcontractors. An owner or
4developer may not authorize a final payment until the affidavit is filed in proper form
5and order. If an owner or developer authorizes a final payment before the affidavit
6is filed in proper form and order or if the department determines, based on the
7greater weight of the credible evidence, that any person performing the work
8specified in sub. (3) has been or may have been paid less than the prevailing wage
9rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess
10of the prevailing hours of labor and requests that the owner or developer withhold
11all or part of the final payment, but the owner or developer fails to do so, the owner
12or developer is liable for all back wages payable up to the amount of the final
13payment.
AB75-ASA1,714,19 14(8) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
15agent performing work on a publicly funded private construction project that is
16subject to this section shall keep full and accurate records clearly indicating the
17name and trade or occupation of every person performing the work described in sub.
18(3) and an accurate record of the number of hours worked by each of those persons
19and the actual wages paid for the hours worked.
AB75-ASA1,715,620 (am) 1. Except as provided in this subdivision, by no later than the end of the
21first week of a month following a month in which a contractor, subcontractor, or
22contractor's or subcontractor's agent performs work on a publicly funded private
23construction project that is subject to this section, the contractor, subcontractor, or
24agent shall submit to the department in an electronic format a certified record of the
25information specified in par. (a) for that preceding month. This requirement does not

1apply with respect to a person performing the work described in sub. (3) who is
2covered under a collective bargaining agreement. In that case, the contractor,
3subcontractor, or agent shall submit to the department in an electronic format a copy
4of the collective bargaining agreement by no later than the end of the first week of
5the first month in which the contractor, subcontractor, or agent performs work on the
6project of public works.
AB75-ASA1,715,147 2. The department shall post on its Internet site all certified records and
8collective bargaining agreements submitted to the department under subd. 1.,
9except that the department may not post on that site the name of or any other
10personally identifiable information relating to any employee of a contractor,
11subcontractor, or agent that submits information to the department under subd. 1.
12In this subdivision, "personally identifiable information" does not include an
13employee's trade or occupation, his or her hours of work, or the wages paid for those
14hours worked.
AB75-ASA1,716,215 (b) The department or the local governmental unit providing financial
16assistance for a publicly funded private construction project may demand and
17examine, and every contractor, subcontractor, and contractor's or subcontractor's
18agent shall keep, and furnish upon request by the department or local governmental
19unit, copies of payrolls and other records and information relating to the wages paid
20to persons performing the work described in sub. (3) for work to which this section
21applies. The department may inspect records in the manner provided in ch. 103.
22Every contractor, subcontractor, or agent performing work on a publicly funded
23private construction project that is subject to this section is subject to the
24requirements of ch. 103 relating to the examination of records. Section 111.322 (2m)

1applies to discharge and other discriminatory acts arising in connection with any
2proceeding under this section.
AB75-ASA1,716,193 (c) If requested by any person, the department shall inspect the payroll records
4of any contractor, subcontractor, or contractor's or subcontractor's agent performing
5work on a publicly funded private construction project that is subject to this section
6to ensure compliance with this section. In the case of a request made by a person
7performing the work specified in sub. (3), if the department finds that the contractor,
8subcontractor, or agent subject to the inspection is in compliance and that the request
9if frivolous, the department shall charge the person making the request the actual
10cost of the inspection. In the case of a request made by a person not performing the
11work specified in sub. (3), if the department finds that the contractor, subcontractor,
12or agent subject to the inspection is in compliance and that the request is frivolous,
13the department shall charge the person making the request $250 or the actual cost
14of the inspection, whichever is greater. In order to find that a request is frivolous,
15the department must find that the person making the request made the request in
16bad faith, solely for the purpose of harassing or maliciously injuring the contractor,
17subcontractor, or agent subject to the inspection, or that the person making the
18request knew, or should have known, that there was no reasonable basis for believing
19that a violation of this section had been committed.
AB75-ASA1,716,2520 (d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except that
21s. 103.005 (12) (a) does not apply to any person who fails to provide any information
22to the department to assist the department in determining prevailing wage rates
23under sub. (4) (a) or (b). Section 111.322 (2m) applies to discharge and other
24discriminatory acts arising in connection with any proceeding under this section,
25including proceedings under sub. (9) (a).
AB75-ASA1,717,13
1(9) Liability and penalties. (a) Any contractor, subcontractor, or contractor's
2or subcontractor's agent who fails to pay the prevailing wage rate determined by the
3department under sub. (4) or who pays less than 1.5 times the hourly basic rate of
4pay for all hours worked in excess of the prevailing hours of labor is liable to any
5affected employee in the amount of his or her unpaid wages or his or her unpaid
6overtime compensation and in an additional equal amount as liquidated damages.
7An action to recover the liability may be maintained in any court of competent
8jurisdiction by any employee for and in behalf of that employee and other employees
9similarly situated. No employee may be a party plaintiff to the action unless the
10employee consents in writing to become a party and the consent is filed in the court
11in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
12addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
13and costs to be paid by the defendant.
AB75-ASA1,717,1714 (b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor,
15or contractor's or subcontractor's agent who violates this section may be fined not
16more than $200 or imprisoned for not more than 6 months or both. Each day that
17any violation continues is considered a separate offense.
AB75-ASA1,717,2518 2. Whoever induces any person who seeks to be or is employed on any publicly
19funded private construction project that is subject to this section to give up, waive,
20or return any part of the wages to which the person is entitled under the contract
21governing the project, or who reduces the hourly basic rate of pay normally paid to
22a person for work on a project that is not subject to this section during a week in which
23the person works both on a project that is subject to this section and on a project that
24is not subject to this section, by threat not to employ, by threat of dismissal from
25employment, or by any other means is guilty of an offense under s. 946.15 (1).
AB75-ASA1,718,10
13. Any person employed on a publicly funded private construction project that
2is subject to this section who knowingly permits a contractor, subcontractor, or
3contractor's or subcontractor's agent to pay him or her less than the prevailing wage
4rate set forth in the contract governing the project, who gives up, waives, or returns
5any part of the compensation to which he or she is entitled under the contract, or who
6gives up, waives, or returns any part of the compensation to which he or she is
7normally entitled for work on a project that is not subject to this section during a
8week in which the person works both on a project that is subject to this section and
9on a project that is not subject to this section, is guilty of an offense under s. 946.15
10(2).
AB75-ASA1,718,1611 4. Whoever induces any person who seeks to be or is employed on any publicly
12funded private construction project that is subject to this section to permit any part
13of the wages to which the person is entitled under the contract governing the project
14to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless
15the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is
16working on a project that is subject to 40 USC 3142.
AB75-ASA1,718,2217 5. Any person employed on a publicly funded private construction project that
18is subject to this section who knowingly permits any part of the wages to which he
19or she is entitled under the contract governing the project to be deducted from his or
20her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be
21permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is
22subject to 40 USC 3142.
AB75-ASA1,718,2523 6. Subdivision 1. does not apply to any person who fails to provide any
24information to the department to assist the department in determining prevailing
25wage rates under sub. (4) (a) or (b).
AB75-ASA1,719,14
1(10) Debarment. (a) Except as provided under pars. (b) and (c), the department
2shall notify any owner or developer applying for a determination under sub. (4) and
3any owner or developer that is exempt under sub. (6) of the names of all persons
4whom the department has found to have failed to pay the prevailing wage rate
5determined under sub. (4) or has found to have paid less than 1.5 times the hourly
6basic rate of pay for all hours worked in excess of the prevailing hours of labor at any
7time in the preceding 3 years. The department shall include with each name the
8address of the person and shall specify when the person failed to pay the prevailing
9wage rate and when the person paid less than 1.5 times the hourly basic rate of pay
10for all hours worked in excess of the prevailing hours of labor. An owner or developer
11may not award any contract to the person unless otherwise recommended by the
12department or unless 3 years have elapsed from the date on which the department
13issued its findings or date of final determination by a court of competent jurisdiction,
14whichever is later.
AB75-ASA1,719,1915 (b) The department may not include in a notification under par. (a) the name
16of any person on the basis of having let work to a person whom the department has
17found to have failed to pay the prevailing wage rate determined under sub. (4) or has
18found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
19in excess of the prevailing hours of labor.
AB75-ASA1,719,2420 (c) This subsection does not apply to any contractor, subcontractor, or
21contractor's or subcontractor's or agent that in good faith commits a minor violation
22of this section, as determined on a case-by-case basis through administrative
23hearings with all rights to due process afforded to all parties or that has not
24exhausted or waived all appeals.
AB75-ASA1,720,10
1(d) Any person submitting a bid or negotiating a contract on a publicly funded
2private construction project that is subject to this section shall, on the date on which
3the person submits the bid, identify any construction business in which the person,
4or a shareholder, officer, or partner of the person, if the person is a business, owns,
5or has owned at least a 25 percent interest on the date the person submits the bid or
6at any other time within 3 years preceding the date on which the person submits the
7bid or negotiates the contract, if the business has been found to have failed to pay the
8prevailing wage rate determined under sub. (4) or to have paid less than 1.5 times
9the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
10labor.
AB75-ASA1,720,1111 (e) The department shall promulgate rules to administer this subsection.
AB75-ASA1, s. 1488 12Section 1488. 66.1039 of the statutes is created to read:
AB75-ASA1,720,13 1366.1039 Transit authorities. (1) Definitions. In this section:
AB75-ASA1,720,1414 (a) "Authority" means a transit authority created under this section.
AB75-ASA1,720,1615 (b) "Bonds" means any bonds, interim certificates, notes, debentures, or other
16obligations of an authority issued under this section.
AB75-ASA1,720,1717 (c) "Common carrier" means any of the following:
AB75-ASA1,720,1818 1. A common motor carrier, as defined in s. 194.01 (1).
AB75-ASA1,720,1919 2. A contract motor carrier, as defined in s. 194.01 (2).
AB75-ASA1,720,2020 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).
AB75-ASA1,720,2121 4. A water carrier, as defined in s. 195.02 (5).
AB75-ASA1,721,222 (d) "Comprehensive unified local transportation system" means a
23transportation system that is comprised of motor bus lines and any other local public
24transportation facilities, the major portion of which is located within, or the major

1portion of the service of which is supplied to the inhabitants of, the jurisdictional area
2of the authority.
AB75-ASA1,721,43 (e) "Madison metropolitan planning area" means the metropolitan planning
4area, as defined in 23 USC 134 (b) (1), that includes the city of Madison.
AB75-ASA1,721,55 (f) "Municipality" means any city, village, or town.
AB75-ASA1,721,86 (g) "Participating political subdivision" means a political subdivision that is a
7member of an authority, either from the time of creation of the authority or by later
8joining the authority.
AB75-ASA1,721,99 (h) "Political subdivision" means a municipality or county.
AB75-ASA1,721,1910 (i) "Transportation system" means all land, shops, structures, equipment,
11property, franchises, and rights of whatever nature required for transportation of
12passengers within the jurisdictional area of the authority and, only to the extent
13specifically authorized under this section, outside the jurisdictional area of the
14authority. "Transportation system" includes elevated railroads, subways,
15underground railroads, motor vehicles, motor buses, and any combination thereof,
16and any other form of mass transportation, but does not include transportation
17excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter
18or contract operations to, from, or between points that are outside the jurisdictional
19area of the authority.
AB75-ASA1,721,25 20(2) Creation of transit authorities. (a) Milwaukee County regional transit
21authority
. There is created the Milwaukee County regional transit authority, a
22public body corporate and politic and a separate governmental entity. This authority
23may transact business and exercise any powers granted to it under this section. The
24jurisdictional area of this authority is the geographic area formed by the territorial
25boundaries of Milwaukee County.
AB75-ASA1,722,6
1(b) Dane County regional transit authority. 1. The Dane County regional
2transit authority, a public body corporate and politic and a separate governmental
3entity, is created if the governing body of Dane County adopts a resolution
4authorizing the county to become a member of the authority. Once created, this
5authority may transact business and exercise any powers granted to it under this
6section.
AB75-ASA1,722,97 2. If Dane County adopts a resolution under subd. 1., any municipality located
8in whole or in part within the Madison metropolitan planning area on January 1,
92003, shall be a member of the authority.
AB75-ASA1,722,1410 3. Any municipality located in whole or in part within Dane County that is not
11located in whole or in part within the Madison metropolitan planning area on
12January 1, 2003, may join the authority created under subd. 1. if the governing body
13of the municipality adopts a resolution to join the authority and the board of directors
14of the authority approves the municipality's joinder.
AB75-ASA1,722,1715 4. The jurisdictional area of the authority created under this paragraph is the
16geographic area formed by the Madison metropolitan planning area combined with
17the territorial boundaries of all municipalities that join the authority under subd. 3.
AB75-ASA1,722,2218 5. For purposes of determining a municipality's territorial boundaries and the
19geographic area formed by the Madison metropolitan planning area, annexed
20territory that was subject to an unresolved challenge on January 1, 2003, shall not
21be considered part of the annexing municipality or the Madison metropolitan
22planning area.
AB75-ASA1,723,423 6. If a municipality joins the authority after the authority is created, the
24authority shall provide the department of revenue with a certified copy of the
25resolution that approves the joining and the joining shall take effect on the first day

1of the calendar quarter that begins at least 120 days after the department receives
2the certified copy of the resolution. The authority shall also provide the department
3with a description of the new boundaries of the authority's jurisdictional area, as
4provided under sub. (4) (s) 2.
AB75-ASA1,723,11 5(3) Transit authority governance. (a) The powers of an authority shall be
6vested in its board of directors. Directors shall be appointed for 4-year terms, except
7that directors appointed under par. (b) shall serve 2-year terms. A majority of the
8board of directors' full authorized membership constitutes a quorum for the purpose
9of conducting the authority's business and exercising its powers. Action may be
10taken by the board of directors upon a vote of a majority of the directors present and
11voting, unless the bylaws of the authority require a larger number.
AB75-ASA1,723,1312 (b) The board of directors of the authority created under sub. (2) (a) consists of
13the following members:
AB75-ASA1,723,1514 1. Two members from Milwaukee County, appointed by the Milwaukee County
15board chairperson.
AB75-ASA1,723,1716 2. Two members from Milwaukee County, appointed by the mayor of the city
17of Milwaukee.
AB75-ASA1,723,1818 3. One member from Milwaukee County, appointed by the governor.
AB75-ASA1,723,2019 (c) If an authority is created under sub. (2) (b), the board of directors of the
20authority consists of the following members:
AB75-ASA1,723,2221 1. Two members from the Madison metropolitan planning area, appointed by
22the county executive and approved by the county board.
AB75-ASA1,723,2423 2. Two members appointed by the mayor of the city of Madison and approved
24by the common council.
AB75-ASA1,723,2525 3. One member appointed by the governor.
AB75-ASA1,724,3
14. One member from each city, other than the city of Madison, with a population
2of more than 15,000 located in Dane County, appointed by the mayor of each such city
3and approved by the common council.
AB75-ASA1,724,54 5. One member from a village within the jurisdictional area of the authority,
5appointed by the Dane County Cities and Villages Association.
AB75-ASA1,724,86 (g) The bylaws of an authority shall govern its management, operations, and
7administration, consistent with the provisions of this section, and shall include
8provisions specifying all of the following:
AB75-ASA1,724,99 1. The functions or services to be provided by the authority.
AB75-ASA1,724,1010 2. The powers, duties, and limitations of the authority.
AB75-ASA1,724,1211 3. The maximum rate of the taxes that may be imposed by the authority under
12sub. (4) (s), not to exceed the maximum rate specified in s. 77.708 (1).
AB75-ASA1,724,15 13(4) Powers. Notwithstanding s. 59.84 (2) and any other provision of this
14chapter or ch. 59 or 85, an authority may do all of the following, to the extent
15authorized in the authority's bylaws:
AB75-ASA1,724,1716 (a) Establish, maintain, and operate a comprehensive unified local
17transportation system primarily for the transportation of persons.
AB75-ASA1,724,2018 (b) Acquire a comprehensive unified local transportation system and provide
19funds for the operation and maintenance of the system. Upon the acquisition of a
20comprehensive unified local transportation system, the authority may:
AB75-ASA1,724,2221 1. Operate and maintain it or lease it to an operator or contract for its use by
22an operator.
AB75-ASA1,724,2423 2. Contract for superintendence of the system with an organization that has
24personnel with the requisite experience and skill.
AB75-ASA1,725,3
13. Delegate responsibility for the operation and maintenance of the system to
2an appropriate administrative officer, board, or commission of a participating
3political subdivision.
AB75-ASA1,725,54 4. Maintain and improve railroad rights-of-way and improvements on these
5rights-of-way for future use.
AB75-ASA1,725,76 (c) Contract with a public or private organization to provide transportation
7services in lieu of directly providing these services.
AB75-ASA1,725,98 (d) Purchase and lease transportation facilities to public or private transit
9companies that operate within and outside the jurisdictional area.
AB75-ASA1,725,1110 (e) Apply for federal aids to purchase transportation facilities considered
11essential for the authority's operation.
AB75-ASA1,725,2012 (f) Coordinate specialized transportation services, as defined in s. 85.21 (2) (g),
13for residents who reside within the jurisdictional area and who are disabled or aged
1460 or older, including services funded under 42 USC 3001 to 3057n, 42 USC 5001, and
1542 USC 5011 (b), under ss. 49.43 to 49.499 and 85.21, and under other public funds
16administered by the county. An authority may contract with a county that is a
17participating political subdivision for the authority to provide specialized
18transportation services, but an authority is not an eligible applicant under s. 85.21
19(2) (e) and may not receive payments directly from the department of transportation
20under s. 85.21.
AB75-ASA1,725,2321 (g) Acquire, own, hold, use, lease as lessor or lessee, sell or otherwise dispose
22of, mortgage, pledge, or grant a security interest in any real or personal property or
23service.
AB75-ASA1,725,2524 (h) Acquire property by condemnation using the procedure under s. 32.05 for
25the purposes set forth in this section.
AB75-ASA1,726,7
1(i) Enter upon any state, county, or municipal street, road, or alley, or any public
2highway for the purpose of installing, maintaining, and operating the authority's
3facilities. Whenever the work is to be done in a state, county, or municipal highway,
4street, road, or alley, the public authority having control thereof shall be duly
5notified, and the highway, street, road, or alley shall be restored to as good a condition
6as existed before the commencement of the work with all costs incident to the work
7to be borne by the authority.
AB75-ASA1,726,98 (j) Fix, maintain, and revise fees, rates, rents, and charges for functions,
9facilities, and services provided by the authority.
AB75-ASA1,726,1110 (k) Make, and from time to time amend and repeal, bylaws, rules, and
11regulations to carry into effect the powers and purposes of the authority.
AB75-ASA1,726,1212 (L) Sue and be sued in its own name.
AB75-ASA1,726,1313 (m) Have and use a corporate seal.
AB75-ASA1,726,1614 (n) Employ agents, consultants, and employees, engage professional services,
15and purchase such furniture, stationery, and other supplies and materials as are
16reasonably necessary to perform its duties and exercise its powers.
AB75-ASA1,726,1817 (o) Incur debts, liabilities, or obligations including the borrowing of money and
18the issuance of bonds under subs. (7) and (10).
AB75-ASA1,726,2219 (p) Invest any funds held in reserve or sinking funds, or any funds not required
20for immediate disbursement, including the proceeds from the sale of any bonds, in
21such obligations, securities, and other investments as the authority deems proper in
22accordance with s. 66.0603 (1m).
AB75-ASA1,726,2423 (q) Do and perform any acts and things authorized by this section under,
24through, or by means of an agent or by contracts with any person.
AB75-ASA1,727,3
1(r) Exercise any other powers that the board of directors considers necessary
2and convenient to effectuate the purposes of the authority, including providing for
3passenger safety.
AB75-ASA1,727,144 (s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes
5under subch. V of ch. 77 in the authority's jurisdictional area, except that no
6authority created under sub. (2) (b) may adopt such a resolution until an advisory
7referendum is held in the authority's jurisdictional area on the question of whether
8the authority's board of directors should impose the taxes under subch. V of ch. 77.
9If an authority adopts a resolution to impose the taxes, it shall deliver a certified copy
10of the resolution to the department of revenue at least 120 days before its effective
11date. The authority may, by adoption of a resolution by the board of directors, repeal
12the imposition of taxes under subch. V of ch. 77 and shall deliver a certified copy of
13the repeal resolution to the department of revenue at least 120 days before its
14effective date.
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