Amendment ASA1-AB40

AB40-ASA1,662,22 66.0901 (10) Limitation on performance of public works by political subdivisions. (a) In this subsection, "public construction project" means any public construction, public works project, or construction-related services, including road, sewer, water, stormwater, wastewater, recycling, or bridge projects.

AB40-ASA1,663,2 (b) 1. Notwithstanding ss. 59.52 (29), 60.47, 61.54, 62.15 (1) and (5), 66.0131, 66.0301, 83.035, 83.04, and 86.25 and except as provided in subds. 2. and 3., a political subdivision may not use its own workforce to perform a highway improvement project on a highway under its jurisdiction or a highway under the jurisdiction of another political subdivision if any of the following applies:

AB40-ASA1,663,4 a. The project is funded, entirely or in part, with federal funds and construction commences after July 1, 2013.

AB40-ASA1,663,7 b. The project is funded, entirely or in part, with state funds, not including general transportation aids provided under s. 86.30, and construction commences after July 1, 2015.

AB40-ASA1,663,8 c. The project is performed by a county for or with a village or city.

AB40-ASA1,663,9 2. The provisions of subd. 1. do not apply if any of the following applies:

AB40-ASA1,663,10 a. The estimated cost of the project is less than $100,000.

AB40-ASA1,663,12 b. The project is in response to a public emergency, as formally declared by the chief elected official or governing body of the political subdivision.

AB40-ASA1,663,14 c. All materials for the project are donated and all of the labor for the project is provided by unpaid volunteers.

AB40-ASA1,663,17 d. The project is funded with local roads improvement program funds under s. 86.31, performed by a county workforce on a town road, and the criteria and rules under s. 86.31 (6) (h) are satisfied.

AB40-ASA1,663,19 e. The project is performed by a county under an individual project agreement approved prior to the effective date of this subd. 2. e. .... [LRB inserts date].

AB40-ASA1,663,22 3. The provisions of subd. 1. do not apply to that portion of a county highway improvement project funded with county trunk highway improvement discretionary grant funds under s. 86.31 (3g) that is performed using county funds.

AB40-ASA1,664,2 (c) 1. Notwithstanding ss. 59.52 (29), 60.47, 61.54, 62.15 (1) and (5), 66.0131, 66.0301, 83.035, 83.04, and 86.25 and except as provided in par. (b) and subd. 2., a political subdivision may not use its own workforce to perform a public construction project for or with another political subdivision.

AB40-ASA1,664,3 2. The provisions of subd. 1. do not apply if any of the following applies:

AB40-ASA1,664,5 a. The project is in response to a public emergency, as formally declared by the chief elected official or governing body of the political subdivision.

AB40-ASA1,664,7 b. All materials for the project are donated and all of the labor for the project is provided by unpaid volunteers.

AB40-ASA1,664,9 c. The project is pursuant to a public contract that is subject to the exception in s. 60.47 (4).

AB40-ASA1,664,11 d. The project is performed by a county under an individual project agreement approved prior to the effective date of par. (b) 2. e. .... [LRB inserts date].

AB40-ASA1,664,14 e. The project is funded with local roads improvement program funds under s. 86.31, performed by a county workforce on a town road, and the criteria and rules under s. 86.31 (6) (h) are satisfied.

AB40-ASA1,664,17 (d) Notwithstanding sub. (6), a political subdivision may not divide a highway improvement project or public construction project to avoid the requirements of pars. (b) and (c).

AB40-ASA1, s. 1727L Section 1727L. 66.0901 (11) of the statutes is created to read:

AB40-ASA1,664,23 66.0901 (11) Limitation on performance of private construction work by political subdivisions. (a) In this subsection, "construction project" means a road, sewer, water, stormwater, wastewater, grading, parking lot, or other infrastructure-related project or the provision of construction-related services for such a project.

AB40-ASA1,664,25 (b) A political subdivision may not use its own workforce to perform a construction project for which a private person is financially responsible.

AB40-ASA1, s. 1727m Section 1727m. 66.0903 (1) (d) of the statutes is amended to read:

AB40-ASA1,665,7 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an instrumentality or corporation of such a political subdivision or special purpose district, a combination or subunit of any of the foregoing or an instrumentality of the state and any of the foregoing. "Local governmental unit" includes a regional transit authority created under s. 66.1039 and the southeastern regional transit authority created under s. 59.58 (7).

AB40-ASA1, s. 1727mb Section 1727mb. 66.0903 (1) (dr) of the statutes is amended to read:

AB40-ASA1,665,16 66.0903 (1) (dr) "Minor service or maintenance work" means a project of public works 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 or that is performed for a town and is not funded under s. 86.31, regardless of projected life span; 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 public facilities or equipment that is routinely performed to prevent breakdown or deterioration.

AB40-ASA1, s. 1727mc Section 1727mc. 66.0903 (1) (em) of the statutes is created to read:

AB40-ASA1,665,19 66.0903 (1) (em) "Multiple-trade project of public works" has the meaning given in s. 103.49 (1) (br).

AB40-ASA1, s. 1727md Section 1727md. 66.0903 (1) (hm) of the statutes is created to read:

AB40-ASA1,665,22 66.0903 (1) (hm) "Single-trade project of public works" has the meaning given in s. 103.49 (1) (em).

AB40-ASA1, s. 1727me Section 1727me. 66.0903 (1m) of the statutes is created to read:

AB40-ASA1,666,7 66.0903 (1m) Statewide concern; uniformity. (a) In this subsection, "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, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure. "Publicly funded private construction project" does not include a project of public works or a housing project involving the erection, construction, repair, remodeling, or demolition of any of the following:

AB40-ASA1,666,9 1. A residential property, if the project is supported by affordable housing grants, home improvement grants, or grants from a local housing trust fund.

AB40-ASA1,666,10 2. A residential property containing 4 dwelling units or less.

AB40-ASA1,666,12 3. A residential property that contains retail, office, or commercial components, if the project is intended to increase the supply of affordable housing in a community.

AB40-ASA1,666,22 (b) The legislature finds that the enactment of ordinances or other enactments by local governmental units requiring laborers, workers, mechanics, and truck drivers employed on projects of public works or on publicly funded private construction projects to be paid the prevailing wage rate and to be paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the prevailing hours of labor would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this section and the repeal of s. 66.0904, 2009 stats. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing uniform prevailing wage rate and prevailing hours of labor requirements throughout the state.

AB40-ASA1,667,5 (c) A local governmental unit may not enact and administer an ordinance or other enactment requiring laborers, workers, mechanics, and truck drivers employed on projects of public works or on publicly funded private construction projects to be paid the prevailing wage rate and to be paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the prevailing hours of labor or any similar ordinance or enactment. Any such ordinance or other enactment that is in effect on the day before the effective date of this subsection .... [LRB inserts date], is void.

AB40-ASA1, s. 1727mf Section 1727mf. 66.0903 (2) (c) of the statutes is amended to read:

AB40-ASA1,667,10 66.0903 (2) (c) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu of the local governmental unit contracting for the erection, construction, repair, remodeling, or demolition of the facility.

AB40-ASA1, s. 1727mi Section 1727mi. 66.0903 (3) (av) of the statutes is amended to read:

AB40-ASA1,667,19 66.0903 (3) (av) In determining prevailing wage rates under par. (am) or (ar), the department may not use data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50, or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50, or 40 USC 3142. In determining prevailing wage rates under par. (am) or (ar), the department may not use data from any construction work that is performed by a local governmental unit or a state agency.

AB40-ASA1, s. 1727mj Section 1727mj. 66.0903 (3) (dm) of the statutes is amended to read:

AB40-ASA1,668,13 66.0903 (3) (dm) A reference to the prevailing wage rates determined by the department or a local governmental unit exempted under sub. (6) and to the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for the project of public works. If any contract or subcontract for a project of public works is entered into, the prevailing wage rates determined by the department or exempted local governmental unit and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. No person performing the work described in sub. (4) may be paid less than the prevailing wage rate in the same or most similar trade or occupation determined under this subsection; nor may he or she be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay.

AB40-ASA1, s. 1727mk Section 1727mk. 66.0903 (4) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,668,23 66.0903 (4) (b) (intro.) Notwithstanding par. (a) 1., a A laborer, worker, mechanic, or truck driver who is regularly employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project of public works that is subject to this section is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies:

AB40-ASA1, s. 1727mL Section 1727mL. 66.0903 (4) (b) 1. of the statutes is amended to read:

AB40-ASA1,669,7 66.0903 (4) (b) 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material substantially in place, directly in final place, from the transporting vehicle or through spreaders from the transporting vehicle.

AB40-ASA1, s. 1727n Section 1727n. 66.0903 (5) (a) of the statutes is amended to read:

AB40-ASA1,669,16 66.0903 (5) (a) A single-trade project of public works for which the estimated project cost of completion is below $25,000 less than $48,000, a multiple-trade project of public works for which the estimated project cost of completion is less than $100,000, or, in the case of a multiple-trade project of public works erected, constructed, repaired, remodeled, or demolished by a private contractor for a city or village having a population of less than 2,500 or for a town, a multiple-trade project of public works for which the estimated project cost of completion is less than $234,000.

AB40-ASA1, s. 1727p Section 1727p. 66.0903 (5) (b) of the statutes is amended to read:

AB40-ASA1,669,22 66.0903 (5) (b) A Work performed on a project of public works in which the labor for the project is provided by unpaid volunteers for which the local governmental unit contracting for the project is not required to compensate any contractor, subcontractor, contractor's or subcontractor's agent, or individual for performing the work.

AB40-ASA1, s. 1727q Section 1727q. 66.0903 (5) (f) of the statutes is created to read:

AB40-ASA1,670,3 66.0903 (5) (f) A project of public works involving the erection, construction, repair, remodeling, or demolition of a residential property containing 2 dwelling units or less.

AB40-ASA1, s. 1727r Section 1727r. 66.0903 (5) (g) of the statutes is created to read:

AB40-ASA1,670,10 66.0903 (5) (g) A road, street, bridge, sanitary sewer, or water main project that is a part of a development in which not less than 90 percent of the lots contain or will contain 2 dwelling units or less, as determined by the local governmental unit at the time of approval of the development, and that, on completion, is acquired by, or dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership or maintenance by the local governmental unit.

AB40-ASA1, s. 1727rm Section 1727rm. 66.0903 (6) of the statutes is repealed.

AB40-ASA1, s. 1727s Section 1727s. 66.0903 (8) of the statutes is amended to read:

AB40-ASA1,670,19 66.0903 (8) Posting. For the information of the employees working on the project of public works, the prevailing wage rates determined by the department or exempted local governmental unit, the prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) shall be kept posted by the local governmental unit in at least one conspicuous and easily accessible place on the site of the project or, if there is no common site on the project, at the place normally used by the local governmental unit to post public notices.

AB40-ASA1, s. 1727t Section 1727t. 66.0903 (10) (am) of the statutes is repealed.

AB40-ASA1, s. 1727u Section 1727u. 66.0903 (10) (c) of the statutes is amended to read:

AB40-ASA1,671,23 66.0903 (10) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project of public works that is subject to this section as provided in this paragraph to ensure compliance with this section. In the case of a request made by a person performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed. On receipt of such a request, the department shall request the contractor, subcontractor, or agent to submit to the department a certified record of the information specified in par. (a), other than personally identifiable information relating to an employee of the contractor, subcontractor, or agent, for no longer than a 4-week period. The department may request a contractor, subcontractor, or agent to submit those records no more than once per calendar quarter for each project of public works on which the contractor, subcontractor, or agent is performing work. The department may not charge a requester a fee for obtaining that information. The department shall make available for public inspection certified records submitted to the department under this paragraph.

AB40-ASA1, s. 1727x Section 1727x. 66.0903 (12) (a) of the statutes is amended to read:

AB40-ASA1,672,14 66.0903 (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 at any time in the preceding 3 years. The department shall include with each name the address of the person and shall specify when the person failed to pay the prevailing wage rate and when 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 the person unless otherwise recommended by the department or unless 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.

AB40-ASA1, s. 1727y Section 1727y. 66.0904 of the statutes is repealed.

AB40-ASA1, s. 1728 Section 1728. 66.0925 (14) of the statutes is amended to read:

AB40-ASA1,672,20 66.0925 (14) Construction. Nothing in this section shall be construed as relieving, modifying, or interfering with the responsibilities for operating jails which are vested in sheriffs under s. 59.27 (1) and chiefs of police or chiefs of combined protective services departments under s. 62.09 (13) (b).

AB40-ASA1, s. 1729g Section 1729g. 66.1039 of the statutes, as affected by 2011 Wisconsin Act .... (this act), is repealed.

AB40-ASA1, s. 1729r Section 1729r. 66.1039 (4) (s) 1. of the statutes is amended to read:

AB40-ASA1,673,8 66.1039 (4) (s) 1. Impose, by the adoption of a resolution by the board of directors, the taxes under subch. V of ch. 77 in the authority's jurisdictional area, except that no taxes may be imposed under this paragraph unless the resolution of the board of directors is adopted prior to the effective date of this subdivision .... [LRB inserts date]. If an authority adopts a resolution to impose the taxes, it shall deliver a certified copy of the resolution to the department of revenue at least 120 days before its effective date. The authority may, by adoption of a resolution by the board of directors, repeal the imposition of taxes under subch. V of ch. 77 and shall deliver a certified copy of the repeal resolution to the department of revenue at least 120 days before its effective date.

AB40-ASA1, s. 1731 Section 1731. 66.1103 (4m) (a) 1. of the statutes is amended to read:

AB40-ASA1,673,14 66.1103 (4m) (a) 1. The person, at least 30 days prior to entering into the revenue agreement, has given a notice of intent to enter into the agreement, on a form prescribed under s. 560.034 238.11 (1), to the department of commerce Wisconsin Economic Development Corporation and to any collective bargaining agent in this state with whom the person has a collective bargaining agreement.

AB40-ASA1, s. 1732 Section 1732. 66.1103 (4m) (a) 2. of the statutes is amended to read:

AB40-ASA1,673,22 66.1103 (4m) (a) 2. The municipality or county has received an estimate issued under s. 560.034 238.11 (5) (a), and the department of commerce Wisconsin Economic Development Corporation has estimated whether the project which the municipality or county would finance under the revenue agreement is expected to eliminate, create, or maintain jobs on the project site and elsewhere in this state and the net number of jobs expected to be eliminated, created, or maintained as a result of the project.

AB40-ASA1, s. 1733 Section 1733. 66.1103 (4m) (b) of the statutes is amended to read:

AB40-ASA1,674,5 66.1103 (4m) (b) Any revenue agreement which an eligible participant enters into with a municipality or county to finance a project shall require the eligible participant to submit to the department of commerce Wisconsin Economic Development Corporation within 12 months after the project is completed or 2 years after a revenue bond is issued to finance the project, whichever is sooner, on a form prescribed under s. 560.034 238.11 (1), the net number of jobs eliminated, created, or maintained on the project site and elsewhere in this state as a result of the project.

AB40-ASA1, s. 1734 Section 1734. 66.1103 (4s) (a) 1. of the statutes is amended to read:

AB40-ASA1,674,8 66.1103 (4s) (a) 1. "Department" "Corporation" means the department of commerce Wisconsin Economic Development Corporation.

AB40-ASA1, s. 1735 Section 1735. 66.1103 (4s) (b) 3. of the statutes is amended to read:

AB40-ASA1,674,14 66.1103 (4s) (b) 3. The employer shall certify compliance with this subsection to the department corporation, to the governing body of each municipality or county within which a lost job exists and to any collective bargaining agent in this state with which the employer has a collective bargaining agreement at the project site or at a site where a lost job exists.

AB40-ASA1, s. 1736 Section 1736. 66.1103 (4s) (b) 4. of the statutes is amended to read:

AB40-ASA1,674,21 66.1103 (4s) (b) 4. The employer shall submit a report to the department corporation every 3 months during the first year after the construction of the project is completed. The reports shall provide information about new jobs, lost jobs, and offers of employment made to persons who were formerly employed at lost jobs. The 4th report shall be the final report. The form and content of the reports shall be prescribed by the department corporation under par. (d).

AB40-ASA1, s. 1737 Section 1737. 66.1103 (4s) (d) of the statutes is amended to read:

AB40-ASA1,674,24 66.1103 (4s) (d) The department corporation shall administer this subsection and shall prescribe forms for certification and reports under par. (b).

AB40-ASA1, s. 1738 Section 1738. 66.1103 (10) (c) of the statutes is amended to read:

AB40-ASA1,675,9 66.1103 (10) (c) A copy of the initial resolution together with a statement indicating when the public notice required under par. (b) was published shall be filed with the secretary of commerce Wisconsin Economic Development Corporation within 20 days following publication of notice. Prior to the closing of the bond issue, the secretary corporation may require additional information from the eligible participant or the municipality or county. After the closing of the bond issue, the secretary corporation shall be notified of the closing date, any substantive changes made to documents previously filed with the secretary corporation, and the principal amount of the financing.

AB40-ASA1, s. 1739 Section 1739. 66.1103 (10) (g) of the statutes is amended to read:

AB40-ASA1,675,14 66.1103 (10) (g) Bonds may not be issued unless prior to adoption of an initial resolution a document which provides a good faith estimate of attorney fees which will be paid from bond proceeds is filed with the clerk of the municipality or county and the department of commerce Wisconsin Economic Development Corporation.

AB40-ASA1, s. 1740 Section 1740. 66.1104 of the statutes is repealed.