Amendment CA1-SSA1-AB75

AB75-SSA1-CA1,79,16 "(fm) "Minor service and maintenance work" means a publicly funded private construction project that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on private facilities or equipment that is routinely performed to prevent breakdown or deterioration.".

AB75-SSA1-CA1,79,17 365. Page 706, line 25: delete "or".

AB75-SSA1-CA1,79,18 366. Page 707, line 1: after "demolition" insert ", or improvement".

AB75-SSA1-CA1,79,19 367. Page 707, line 8: delete "or".

AB75-SSA1-CA1,79,20 368. Page 707, line 9: after "demolition" insert ", or improvement".

AB75-SSA1-CA1,79,21 369. Page 707, line 16: delete lines 16 to 18.

AB75-SSA1-CA1,79,22 370. Page 707, line 19: delete "unit." and substitute:

AB75-SSA1-CA1,80,6 "(i) "Publicly funded private construction project" means a construction project in which the developer, investor, or owner of the project receives direct financial assistance from a local governmental unit for the erection, construction, repair, remodeling, demolition, or improvement, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure.".

AB75-SSA1-CA1,80,8 371. Page 707, line 20: delete "that is subject to s 66.0903" and substitute ", as defined in s. 66.0903 (1) (h),".

AB75-SSA1-CA1,80,9 372. Page 708, line 1: delete "facility" and substitute "residential property".

AB75-SSA1-CA1,80,10 373. Page 708, line 2: after that line insert:

AB75-SSA1-CA1,80,16 "(im) "Supply and installation contract" means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts and no other work is performed on the site of the publicly funded private construction project, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract.".

AB75-SSA1-CA1,80,18 374. Page 708, line 6: delete "or demolition" and substitute ", demolition, or improvement".

AB75-SSA1-CA1,80,21 375. Page 709, line 9: delete "section." and substitute "section in the performance of erection, construction, remodeling, repair, demolition, or improvement activities for which direct financial assistance is received.".

AB75-SSA1-CA1,80,23 376. Page 709, line 11: after "equipment" insert "for which direct financial assistance is received".

AB75-SSA1-CA1,80,24 377. Page 710, line 9: delete lines 9 to 12.

AB75-SSA1-CA1,81,2 378. Page 710, line 20: delete "project is located" and substitute "work is to be done".

AB75-SSA1-CA1,81,3 379. Page 711, line 3: after "providing" insert "direct".

AB75-SSA1-CA1,81,4 380. Page 712, line 25: delete that line and substitute:

AB75-SSA1-CA1,81,6 "(c) Minor service or maintenance work, warranty work, or work under a supply and installation contract.".

AB75-SSA1-CA1,81,12 381. Page 715, line 1: delete lines 1 and 2 and substitute "apply to a contractor, subcontractor, or agent if all persons employed by the contractor, subcontractor, or agent who are performing the work described in sub. (3) are covered under a collective bargaining agreement and the wage rates for those persons under the collective bargaining agreement are not less than the prevailing wage rate. In that case, the contractor,".

AB75-SSA1-CA1,81,14 382. Page 715, line 4: delete "the collective bargaining agreement" and substitute "all collective bargaining agreements that are pertinent to the project".

AB75-SSA1-CA1,81,15 383. Page 715, line 15: after "providing" insert "direct".

AB75-SSA1-CA1,81,16 384. Page 717, line 1: delete lines 1 to 13 and substitute:

AB75-SSA1-CA1,81,23 "(9) Liability and penalties. (a) 1. Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the department under sub. (4) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional amount as liquidated damages as provided in subd. 2., 3., or 4., whichever is applicable.

AB75-SSA1-CA1,82,9 2. If the department determines upon inspection under sub. (8) (b) or (c) that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the department shall order the contractor to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages within a period specified by the department in the order.

AB75-SSA1-CA1,82,22 3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any employee for and in behalf of that employee and other employees similarly situated may commence an action to recover that liability in any court of competent jurisdiction. In an action that is commenced before the end of any period specified by the department under subd. 2., if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.

AB75-SSA1-CA1,83,6 4. In an action that is commenced after the end of any period specified by the department under subd. 2., if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 200 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.

AB75-SSA1-CA1,83,11 5. No employee may be a party plaintiff to an action under subd. 3. or 4. unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.".

AB75-SSA1-CA1,83,13 385. Page 717, line 23: delete "both on a" and substitute "both on a publicly funded private construction".

AB75-SSA1-CA1,83,15 386. Page 718, line 8: delete "both on a" and substitute "both on a publicly funded private construction".

AB75-SSA1-CA1,83,16 387. Page 720, line 11: after that line insert:

AB75-SSA1-CA1,83,17 " Section 1487t. 66.1038 of the statutes is created to read:

AB75-SSA1-CA1,83,19 66.1038 Milwaukee Transit Authority. (1) Definitions. In this section, "authority" means the Milwaukee Transit Authority created under this section.

AB75-SSA1-CA1,83,24 (2) Creation. (a) There is created a Milwaukee Transit Authority, a public body corporate and politic and a separate governmental entity. The authority may transact business and exercise any powers granted to it under this section. The jurisdictional area of this authority is the geographic area formed by the territorial boundaries of Milwaukee County.

AB75-SSA1-CA1,84,2 (b) The Milwaukee County board, by resolution by a majority vote, may authorize Milwaukee County to be a member of the authority.

AB75-SSA1-CA1,84,8 (3) Governance. (a) The powers of the authority shall be vested in its board of directors. Directors shall be appointed for 2-year terms. A majority of the board of directors' full authorized membership constitutes a quorum for the purpose of conducting the authority's business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.

AB75-SSA1-CA1,84,9 (b) The board of directors of the authority consists of the following members:

AB75-SSA1-CA1,84,11 1. Three members from Milwaukee County who are elected county officials, appointed by the Milwaukee County board chairperson.

AB75-SSA1-CA1,84,13 2. Two members from the city of Milwaukee who are elected city officials, appointed by the mayor of the city of Milwaukee.

AB75-SSA1-CA1,84,14 3. Two members from Milwaukee County, appointed by the governor.

AB75-SSA1-CA1,84,16 (c) The bylaws of the authority shall govern its management, operations, and administration, consistent with the provisions of this section.

AB75-SSA1-CA1,84,25 (4) Powers. (a) Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, but subject to sub. (5), the authority may contract with Milwaukee County for the authority's provision of transit services within Milwaukee County if the contract is a long-term and ongoing contract. The authority shall have all powers necessary and convenient to carry out this purpose. Both the authority and Milwaukee County shall provide copies of all of their annual and long-term transit plans to the southeastern regional transit authority as these plans become available. The authority's powers shall be limited to those specified in this subsection and sub. (5).

AB75-SSA1-CA1,85,2 (5) Receipt of tax revenues. (a) Subject to par. (b), the authority may receive the tax revenues authorized under s. 77.70 (2).

AB75-SSA1-CA1,85,4 (b) Milwaukee County may impose the taxes under s. 77.70 (2) if all of the following apply:

AB75-SSA1-CA1,85,6 1. The Milwaukee County board adopts a resolution under sub. (2) (b) to become a member of the authority.

AB75-SSA1-CA1,85,8 2. The Milwaukee County board contracts with the authority for the authority to provide transit services in Milwaukee County.

AB75-SSA1-CA1,85,14 (6) Budgets; revenues; audit. The board of directors of the authority shall annually prepare a budget for the authority. Revenues of the authority shall be used only for the expenses and specific purposes of the authority. The authority shall maintain an accounting system in accordance with generally accepted accounting principles and shall have its financial statements audited annually by an independent certified public accountant.

AB75-SSA1-CA1,85,19 (7) Other statutes. This section does not limit the powers of political subdivisions to enter into intergovernmental cooperation or contracts or to establish separate legal entities under s. 66.0301 or 66.1021 or any other applicable law, or otherwise to carry out their powers under applicable statutory provisions. Section 66.0803 (2) does not apply to the authority.".

AB75-SSA1-CA1,85,20 388. Page 721, line 20: delete lines 20 to 25.

AB75-SSA1-CA1,85,22 389. Page 722, line 1: before "(b)" insert "(2) Creation of Transit Authorities.".

AB75-SSA1-CA1,85,23 390. Page 723, line 4: after that line insert:

AB75-SSA1-CA1,86,7 "(c) Chippewa Valley regional transit authority. 1. The Chippewa Valley regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Eau Claire County adopts a resolution authorizing the county to become a member of the authority and the resolution is ratified by the electors at a referendum held in Eau Claire County. Once created, this authority may transact business and exercise any powers granted to it under this section.

AB75-SSA1-CA1,86,9 2. If an authority is created under subd. 1., any municipality located in whole or in part within Eau Claire County shall be a member of the authority.

AB75-SSA1-CA1,86,13 3. After an authority is created under subd. 1., Chippewa County may join the authority created under subd. 1. if the governing body of Chippewa County adopts a resolution to join the authority and the resolution is ratified by the electors at a referendum held in Chippewa County.

AB75-SSA1-CA1,86,16 4. If Chippewa County joins an authority as provided in subd. 3., any municipality located in whole or in part within Chippewa County shall be a member of the authority.

AB75-SSA1-CA1,86,20 5. The jurisdictional area of the authority created under this subsection is the territorial boundaries of Eau Claire County or, if Chippewa County also joins the authority as provided in subd. 3., the combined territorial boundaries of Eau Claire County and Chippewa County.".

AB75-SSA1-CA1,86,21 391. Page 723, line 4: after that line insert:

AB75-SSA1-CA1,87,6 "(e) Chequamegon Bay regional transit authority. 1. The Chequamegon Bay regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing bodies of the counties of Ashland and Bayfield each adopt a resolution authorizing that county to become a member of the authority and each resolution is ratified by the electors at a referendum held in each county. Except as provided in subd. 2., once created, this authority shall consist of the counties of Ashland and Bayfield and any municipality located in whole or in part within these counties. Once created, this authority may transact business and exercise any powers granted to it under this section.

AB75-SSA1-CA1,87,13 2. After an authority is created under subd. 1., any county other than Ashland County or Bayfield County may join this authority if the governing body of the county adopts a resolution authorizing the county to become a member of the authority, the resolution is ratified by the electors at a referendum held in the county, and the board of directors of the authority approves the county's joinder. If a county becomes a member of an authority under this subdivision, any municipality located in whole or in part within the county shall also be a member of the authority.

AB75-SSA1-CA1,87,16 3. The jurisdictional area of the authority created under this subsection is the combined territorial boundaries of the counties of Ashland and Bayfield and any county that joins the authority under subd. 2.

AB75-SSA1-CA1,87,24 4. If a county joins the authority under subd. 2. after it is created, the authority shall provide the department of revenue with a certified copy of the resolution that approves the joining, a certification of the referendum results ratifying this resolution, and a certified copy of the authority's board of directors approval. The county's joining of the authority shall take effect on the first day of the calendar quarter that begins at least 120 days after the department receives this information. The authority shall also provide the department with a description of the new boundaries of the authority's jurisdictional area, as provided under sub. (4) (s) 2.".

AB75-SSA1-CA1,88,2 392. Page 723, line 6: delete the material beginning with "terms," and ending with "2-year" on line 7.

AB75-SSA1-CA1,88,3 393. Page 723, line 7: delete "par. (b)" and substitute "pars. (b) and (c) 5.".

AB75-SSA1-CA1,88,4 394. Page 723, line 12: delete lines 12 to 18.

AB75-SSA1-CA1,88,7 395. Page 724, line 4: after "authority," insert "or from a city within the jurisdictional area of the authority other than a city from which a member is appointed under subd. 2. or 4.,".

AB75-SSA1-CA1,88,13 396. Page 724, line 5: after "Association." insert "A member appointed under this subdivision may not serve more than one consecutive term. Board membership under this subdivision shall follow a rotating order of succession and every village or city eligible to have a member appointed from that village or city shall have such a member appointed before any village or city has an opportunity to have another member appointed under this subdivision.".

AB75-SSA1-CA1,88,14 397. Page 724, line 5: after that line insert:

AB75-SSA1-CA1,88,19 "(d) 1. If an authority is created under sub. (2) (c), the board of directors of the authority shall be determined by resolution of the governing body of Eau Claire County or, if Chippewa County also joins the authority as provided in sub. (2) (c) 3., by resolution of the governing bodies of Eau Claire County and Chippewa County, except that all of the following shall apply:

AB75-SSA1-CA1,88,20 a. The board of directors shall consist of not more than 17 members.

AB75-SSA1-CA1,88,22 b. The board of directors shall include at least 3 members from Eau Claire County, appointed by the county executive and approved by the county board.

AB75-SSA1-CA1,89,3 c. If Chippewa County joins the authority as provided in sub. (2) (c) 3., the board of directors shall include at least 3 members from Chippewa County, appointed by the county executive and approved by the county board.

AB75-SSA1-CA1,89,6 d. The board of directors shall include at least one member from the most populous city of each county that is a member, appointed by the mayor of the city and approved by the common council of the city.

AB75-SSA1-CA1,89,8 e. The board of directors shall include at least one member from the authority's jurisdictional area, appointed by the governor.

AB75-SSA1-CA1,89,13 2. If Chippewa County joins the authority as provided in sub. (2) (c) 3. and the governing bodies of Eau Claire County and Chippewa County are unable to agree upon a composition of the board of directors as specified in subd. 1., the board of directors of the authority shall be limited to the minimum members specified in subd. 1. b. to e.".

AB75-SSA1-CA1,89,14 398. Page 724, line 5: after that line insert:

AB75-SSA1-CA1,89,20 "(fm) If any provision of this subsection provides for the appointment of a member of an authority's board of directors by the mayor of a city that has no mayor, the appointment shall instead be made by the chairperson of the common council. If any provision of this subsection provides for the appointment of a member of an authority's board of directors by the county executive of a county that has no county executive, the appointment shall be made by the chairperson of the county board.".

AB75-SSA1-CA1,89,21 399. Page 724, line 5: after that line insert:

AB75-SSA1-CA1,90,2 "(f) 1. If an authority is created under sub. (2) (e), the board of directors of the authority shall be determined by resolution of the governing bodies of the counties of Ashland and Bayfield and of any county that joins the authority under sub. (2) (e) 2., except that all of the following shall apply:

AB75-SSA1-CA1,90,4 a. The board of directors shall consist of not more than 17 members, unless the minimum number of members specified in this subd. 1. b. to d. exceeds 17.

AB75-SSA1-CA1,90,7 b. The board of directors shall include at least 3 members each from the counties of Ashland and Bayfield and from any county that joins the authority under sub. (2) (e) 2., appointed by the county executive and approved by the county board.

AB75-SSA1-CA1,90,10 c. The board of directors shall include at least one member from the most populous city of each county that is a member, appointed by the mayor of the city and approved by the common council of the city.

AB75-SSA1-CA1,90,12 d. The board of directors shall include at least one member from the authority's jurisdictional area, appointed by the governor.

AB75-SSA1-CA1,90,17 2. If the governing bodies of the counties of Ashland and Bayfield and of any county that joins the authority under sub. (2) (e) 2. are unable to agree upon a composition of the board of directors as specified in subd. 1., the board of directors of the authority shall be limited to the minimum members specified in subd. 1. b. to d.".

AB75-SSA1-CA1,90,18 400. Page 724, line 12: after that line insert:

AB75-SSA1-CA1,90,20 "4. The composition of the board of directors of the authority, as determined under par. (d) or (f).".

AB75-SSA1-CA1,90,21 401. Page 727, line 6: delete "an advisory" and substitute "a".

AB75-SSA1-CA1,90,23 402. Page 727, line 8: after "77" insert "and the referendum is decided in the affirmative".

AB75-SSA1-CA1,90,24 403. Page 727, line 8: delete "should" and substitute "may".