AB40-ASA1,663,1211 b. The project is in response to a public emergency, as formally declared by the
12chief elected official or governing body of the political subdivision.
AB40-ASA1,663,1413 c. All materials for the project are donated and all of the labor for the project
14is provided by unpaid volunteers.
AB40-ASA1,663,1715 d. The project is funded with local roads improvement program funds under s.
1686.31, performed by a county workforce on a town road, and the criteria and rules
17under s. 86.31 (6) (h) are satisfied.
AB40-ASA1,663,1918 e. The project is performed by a county under an individual project agreement
19approved prior to the effective date of this subd. 2. e. .... [LRB inserts date].
AB40-ASA1,663,2220 3. The provisions of subd. 1. do not apply to that portion of a county highway
21improvement project funded with county trunk highway improvement discretionary
22grant funds under s. 86.31 (3g) that is performed using county funds.
AB40-ASA1,664,223 (c) 1. Notwithstanding ss. 59.52 (29), 60.47, 61.54, 62.15 (1) and (5), 66.0131,
2466.0301, 83.035, 83.04, and 86.25 and except as provided in par. (b) and subd. 2., a

1political subdivision may not use its own workforce to perform a public construction
2project for or with another political subdivision.
AB40-ASA1,664,33 2. The provisions of subd. 1. do not apply if any of the following applies:
AB40-ASA1,664,54 a. The project is in response to a public emergency, as formally declared by the
5chief elected official or governing body of the political subdivision.
AB40-ASA1,664,76 b. All materials for the project are donated and all of the labor for the project
7is provided by unpaid volunteers.
AB40-ASA1,664,98 c. The project is pursuant to a public contract that is subject to the exception
9in s. 60.47 (4).
AB40-ASA1,664,1110 d. The project is performed by a county under an individual project agreement
11approved prior to the effective date of par. (b) 2. e. .... [LRB inserts date].
AB40-ASA1,664,1412 e. The project is funded with local roads improvement program funds under s.
1386.31, performed by a county workforce on a town road, and the criteria and rules
14under s. 86.31 (6) (h) are satisfied.
AB40-ASA1,664,1715 (d) Notwithstanding sub. (6), a political subdivision may not divide a highway
16improvement project or public construction project to avoid the requirements of pars.
17(b) and (c).
AB40-ASA1, s. 1727L 18Section 1727L. 66.0901 (11) of the statutes is created to read:
AB40-ASA1,664,2319 66.0901 (11) Limitation on performance of private construction work by
20political subdivisions.
(a) In this subsection, "construction project" means a road,
21sewer, water, stormwater, wastewater, grading, parking lot, or other
22infrastructure-related project or the provision of construction-related services for
23such a project.
AB40-ASA1,664,2524 (b) A political subdivision may not use its own workforce to perform a
25construction project for which a private person is financially responsible.
AB40-ASA1, s. 1727m
1Section 1727m. 66.0903 (1) (d) of the statutes is amended to read:
AB40-ASA1,665,72 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this
3state, a special purpose district in this state, an instrumentality or corporation of
4such a political subdivision or special purpose district, a combination or subunit of
5any of the foregoing or an instrumentality of the state and any of the foregoing.
6"Local governmental unit" includes a regional transit authority created under s.
766.1039 and the southeastern regional transit authority created under s. 59.58 (7).
AB40-ASA1, s. 1727mb 8Section 1727mb. 66.0903 (1) (dr) of the statutes is amended to read:
AB40-ASA1,665,169 66.0903 (1) (dr) "Minor service or maintenance work" means a project of public
10works that is limited to minor crack filling, chip or slurry sealing, or other minor
11pavement patching, not including overlays, that has a projected life span of no longer
12than 5 years or that is performed for a town and is not funded under s. 86.31,
13regardless of projected life span
; the depositing of gravel on an existing gravel road
14applied solely to maintain the road; road shoulder maintenance; cleaning of drainage
15or sewer ditches or structures; or any other limited, minor work on public facilities
16or equipment that is routinely performed to prevent breakdown or deterioration.
AB40-ASA1, s. 1727mc 17Section 1727mc. 66.0903 (1) (em) of the statutes is created to read:
AB40-ASA1,665,1918 66.0903 (1) (em) "Multiple-trade project of public works" has the meaning
19given in s. 103.49 (1) (br).
AB40-ASA1, s. 1727md 20Section 1727md. 66.0903 (1) (hm) of the statutes is created to read:
AB40-ASA1,665,2221 66.0903 (1) (hm) "Single-trade project of public works" has the meaning given
22in s. 103.49 (1) (em).
AB40-ASA1, s. 1727me 23Section 1727me. 66.0903 (1m) of the statutes is created to read:
AB40-ASA1,666,724 66.0903 (1m) Statewide concern; uniformity. (a) In this subsection, "publicly
25funded private construction project" means a construction project in which the

1developer, investor, or owner of the project receives direct financial assistance from
2a local governmental unit for the erection, construction, repair, remodeling,
3demolition, including any alteration, painting, decorating, or grading, of a private
4facility, including land, a building, or other infrastructure. "Publicly funded private
5construction project" does not include a project of public works or a housing project
6involving the erection, construction, repair, remodeling, or demolition of any of the
7following:
AB40-ASA1,666,98 1. A residential property, if the project is supported by affordable housing
9grants, home improvement grants, or grants from a local housing trust fund.
AB40-ASA1,666,1010 2. A residential property containing 4 dwelling units or less.
AB40-ASA1,666,1211 3. A residential property that contains retail, office, or commercial components,
12if the project is intended to increase the supply of affordable housing in a community.
AB40-ASA1,666,2213 (b) The legislature finds that the enactment of ordinances or other enactments
14by local governmental units requiring laborers, workers, mechanics, and truck
15drivers employed on projects of public works or on publicly funded private
16construction projects to be paid the prevailing wage rate and to be paid at least 1.5
17times their hourly basic rate of pay for hours worked in excess of the prevailing hours
18of labor would be logically inconsistent with, would defeat the purpose of, and would
19go against the spirit of this section and the repeal of s. 66.0904, 2009 stats. Therefore,
20this section shall be construed as an enactment of statewide concern for the purpose
21of providing uniform prevailing wage rate and prevailing hours of labor
22requirements throughout the state.
AB40-ASA1,667,523 (c) A local governmental unit may not enact and administer an ordinance or
24other enactment requiring laborers, workers, mechanics, and truck drivers
25employed on projects of public works or on publicly funded private construction

1projects to be paid the prevailing wage rate and to be paid at least 1.5 times their
2hourly basic rate of pay for hours worked in excess of the prevailing hours of labor
3or any similar ordinance or enactment. Any such ordinance or other enactment that
4is in effect on the day before the effective date of this subsection .... [LRB inserts
5date], is void.
AB40-ASA1, s. 1727mf 6Section 1727mf. 66.0903 (2) (c) of the statutes is amended to read:
AB40-ASA1,667,107 66.0903 (2) (c) A project in which the completed facility is leased, purchased,
8lease purchased, or otherwise acquired by, or dedicated to, a local governmental unit
9in lieu of the local governmental unit contracting for the erection, construction,
10repair, remodeling, or demolition of the facility.
AB40-ASA1, s. 1727mi 11Section 1727mi. 66.0903 (3) (av) of the statutes is amended to read:
AB40-ASA1,667,1912 66.0903 (3) (av) In determining prevailing wage rates under par. (am) or (ar),
13the department may not use data from projects that are subject to this section, s.
1466.0904, 103.49, or 103.50, or 40 USC 3142 unless the department determines that
15there is insufficient wage data in the area to determine those prevailing wage rates,
16in which case the department may use data from projects that are subject to this
17section, s. 66.0904, 103.49, or 103.50, or 40 USC 3142. In determining prevailing
18wage rates under par. (am) or (ar), the department may not use data from any
19construction work that is performed by a local governmental unit or a state agency.
AB40-ASA1, s. 1727mj 20Section 1727mj. 66.0903 (3) (dm) of the statutes is amended to read:
AB40-ASA1,668,1321 66.0903 (3) (dm) A reference to the prevailing wage rates determined by the
22department or a local governmental unit exempted under sub. (6) and to the
23prevailing hours of labor shall be published in the notice issued for the purpose of
24securing bids for the project of public works. If any contract or subcontract for a
25project of public works is entered into, the prevailing wage rates determined by the

1department or exempted local governmental unit and the prevailing hours of labor
2shall be physically incorporated into and made a part of the contract or subcontract,
3except that for a minor subcontract, as determined by the department, the
4department shall prescribe by rule the method of notifying the minor subcontractor
5of the prevailing wage rates and prevailing hours of labor applicable to the minor
6subcontract. The prevailing wage rates and prevailing hours of labor applicable to
7a contract or subcontract may not be changed during the time that the contract or
8subcontract is in force. No person performing the work described in sub. (4) may be
9paid less than the prevailing wage rate in the same or most similar trade or
10occupation determined under this subsection; nor may he or she be permitted to work
11a greater number of hours per day or per week than the prevailing hours of labor,
12unless he or she is paid for all hours worked in excess of the prevailing hours of labor
13at a rate of at least 1.5 times his or her hourly basic rate of pay.
AB40-ASA1, s. 1727mk 14Section 1727mk. 66.0903 (4) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,668,2315 66.0903 (4) (b) (intro.) Notwithstanding par. (a) 1., a A laborer, worker,
16mechanic, or truck driver who is regularly employed to process, manufacture, pick
17up, or deliver materials or products from a commercial establishment that has a fixed
18place of business from which the establishment regularly supplies processed or
19manufactured materials or products or from a facility that is not dedicated
20exclusively, or nearly so, to a project of public works that is subject to this section
is
21not entitled to receive the prevailing wage rate determined under sub. (3) or to
22receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in
23excess of the prevailing hours of labor unless any of the following applies:
AB40-ASA1, s. 1727mL 24Section 1727mL. 66.0903 (4) (b) 1. of the statutes is amended to read:
AB40-ASA1,669,7
166.0903 (4) (b) 1. The laborer, worker, mechanic, or truck driver is employed
2to go to the source of mineral aggregate such as sand, gravel, or stone that is to be
3immediately incorporated into the work, and not stockpiled or further transported
4by truck, pick up that mineral aggregate,
and deliver that mineral aggregate to the
5site of a project of public works that is subject to this section by depositing the
6material substantially in place, directly in final place, from the transporting vehicle
7or through spreaders from the transporting vehicle.
AB40-ASA1, s. 1727n 8Section 1727n. 66.0903 (5) (a) of the statutes is amended to read:
AB40-ASA1,669,169 66.0903 (5) (a) A single-trade project of public works for which the estimated
10project cost of completion is below $25,000 less than $48,000, a multiple-trade
11project of public works for which the estimated project cost of completion is less than
12$100,000, or, in the case of a multiple-trade project of public works erected,
13constructed, repaired, remodeled, or demolished by a private contractor for a city or
14village having a population of less than 2,500 or for a town, a multiple-trade project
15of public works for which the estimated project cost of completion is less than
16$234,000
.
AB40-ASA1, s. 1727p 17Section 1727p. 66.0903 (5) (b) of the statutes is amended to read:
AB40-ASA1,669,2218 66.0903 (5) (b) A Work performed on a project of public works in which the
19labor for the project is provided by unpaid volunteers
for which the local
20governmental unit contracting for the project is not required to compensate any
21contractor, subcontractor, contractor's or subcontractor's agent, or individual for
22performing the work
.
AB40-ASA1, s. 1727q 23Section 1727q. 66.0903 (5) (f) of the statutes is created to read:
AB40-ASA1,670,3
166.0903 (5) (f) A project of public works involving the erection, construction,
2repair, remodeling, or demolition of a residential property containing 2 dwelling
3units or less.
AB40-ASA1, s. 1727r 4Section 1727r. 66.0903 (5) (g) of the statutes is created to read:
AB40-ASA1,670,105 66.0903 (5) (g) A road, street, bridge, sanitary sewer, or water main project that
6is a part of a development in which not less than 90 percent of the lots contain or will
7contain 2 dwelling units or less, as determined by the local governmental unit at the
8time of approval of the development, and that, on completion, is acquired by, or
9dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership
10or maintenance by the local governmental unit.
AB40-ASA1, s. 1727rm 11Section 1727rm. 66.0903 (6) of the statutes is repealed.
AB40-ASA1, s. 1727s 12Section 1727s. 66.0903 (8) of the statutes is amended to read:
AB40-ASA1,670,1913 66.0903 (8) Posting. For the information of the employees working on the
14project of public works, the prevailing wage rates determined by the department or
15exempted local governmental unit
, the prevailing hours of labor, and the provisions
16of subs. (10) (a) and (11) (a) shall be kept posted by the local governmental unit in at
17least one conspicuous and easily accessible place on the site of the project or, if there
18is no common site on the project, at the place normally used by the local
19governmental unit to post public notices.
AB40-ASA1, s. 1727t 20Section 1727t. 66.0903 (10) (am) of the statutes is repealed.
AB40-ASA1, s. 1727u 21Section 1727u. 66.0903 (10) (c) of the statutes is amended to read:
AB40-ASA1,671,2322 66.0903 (10) (c) If requested by any person, the department shall inspect the
23payroll records of any contractor, subcontractor, or agent performing work on a
24project of public works that is subject to this section as provided in this paragraph
25to ensure compliance with this section. In the case of a request made by a person

1performing the work specified in sub. (4), if the department finds that the contractor,
2subcontractor, or agent subject to the inspection is in compliance and that the request
3is frivolous, the department shall charge the person making the request the actual
4cost of the inspection. In the case of a request made by a person not performing the
5work specified in sub. (4), if the department finds that the contractor, subcontractor,
6or agent subject to the inspection is in compliance and that the request is frivolous,
7the department shall charge the person making the request $250 or the actual cost
8of the inspection, whichever is greater. In order to find that a request is frivolous,
9the department must find that the person making the request made the request in
10bad faith, solely for the purpose of harassing or maliciously injuring the contractor,
11subcontractor, or agent subject to the inspection, or that the person making the
12request knew, or should have known, that there was no reasonable basis for believing
13that a violation of this section had been committed.
On receipt of such a request, the
14department shall request the contractor, subcontractor, or agent to submit to the
15department a certified record of the information specified in par. (a), other than
16personally identifiable information relating to an employee of the contractor,
17subcontractor, or agent, for no longer than a 4-week period. The department may
18request a contractor, subcontractor, or agent to submit those records no more than
19once per calendar quarter for each project of public works on which the contractor,
20subcontractor, or agent is performing work. The department may not charge a
21requester a fee for obtaining that information. The department shall make available
22for public inspection certified records submitted to the department under this
23paragraph.
AB40-ASA1, s. 1727x 24Section 1727x. 66.0903 (12) (a) of the statutes is amended to read:
AB40-ASA1,672,14
166.0903 (12) (a) Except as provided under pars. (b) and (c), the department
2shall notify any local governmental unit applying for a determination under sub. (3)
3and any local governmental unit exempted 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. (3) 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. A local governmental
11unit may not award any contract to the person unless otherwise recommended by the
12department or unless 3 years have elapsed from the date the department issued its
13findings or the date of final determination by a court of competent jurisdiction,
14whichever is later.
AB40-ASA1, s. 1727y 15Section 1727y. 66.0904 of the statutes is repealed.
AB40-ASA1, s. 1728 16Section 1728. 66.0925 (14) of the statutes is amended to read:
AB40-ASA1,672,2017 66.0925 (14) Construction. Nothing in this section shall be construed as
18relieving, modifying, or interfering with the responsibilities for operating jails which
19are vested in sheriffs under s. 59.27 (1) and chiefs of police or chiefs of combined
20protective services departments
under s. 62.09 (13) (b).
AB40-ASA1, s. 1729g 21Section 1729g. 66.1039 of the statutes, as affected by 2011 Wisconsin Act ....
22(this act), is repealed.
AB40-ASA1, s. 1729r 23Section 1729r. 66.1039 (4) (s) 1. of the statutes is amended to read:
AB40-ASA1,673,824 66.1039 (4) (s) 1. Impose, by the adoption of a resolution by the board of
25directors, the taxes under subch. V of ch. 77 in the authority's jurisdictional area,

1except that no taxes may be imposed under this paragraph unless the resolution of
2the board of directors is adopted prior to the effective date of this subdivision .... [LRB
3inserts date]
. If an authority adopts a resolution to impose the taxes, it shall deliver
4a certified copy of the resolution to the department of revenue at least 120 days before
5its effective date. The authority may, by adoption of a resolution by the board of
6directors, repeal the imposition of taxes under subch. V of ch. 77 and shall deliver a
7certified copy of the repeal resolution to the department of revenue at least 120 days
8before its effective date.
AB40-ASA1, s. 1731 9Section 1731. 66.1103 (4m) (a) 1. of the statutes is amended to read:
AB40-ASA1,673,1410 66.1103 (4m) (a) 1. The person, at least 30 days prior to entering into the
11revenue agreement, has given a notice of intent to enter into the agreement, on a
12form prescribed under s. 560.034 238.11 (1), to the department of commerce
13Wisconsin Economic Development Corporation and to any collective bargaining
14agent in this state with whom the person has a collective bargaining agreement.
AB40-ASA1, s. 1732 15Section 1732. 66.1103 (4m) (a) 2. of the statutes is amended to read:
AB40-ASA1,673,2216 66.1103 (4m) (a) 2. The municipality or county has received an estimate issued
17under s. 560.034 238.11 (5) (a), and the department of commerce Wisconsin Economic
18Development Corporation
has estimated whether the project which the municipality
19or county would finance under the revenue agreement is expected to eliminate,
20create, or maintain jobs on the project site and elsewhere in this state and the net
21number of jobs expected to be eliminated, created, or maintained as a result of the
22project.
AB40-ASA1, s. 1733 23Section 1733. 66.1103 (4m) (b) of the statutes is amended to read:
AB40-ASA1,674,524 66.1103 (4m) (b) Any revenue agreement which an eligible participant enters
25into with a municipality or county to finance a project shall require the eligible

1participant to submit to the department of commerce Wisconsin Economic
2Development Corporation
within 12 months after the project is completed or 2 years
3after a revenue bond is issued to finance the project, whichever is sooner, on a form
4prescribed under s. 560.034 238.11 (1), the net number of jobs eliminated, created,
5or maintained on the project site and elsewhere in this state as a result of the project.
AB40-ASA1, s. 1734 6Section 1734. 66.1103 (4s) (a) 1. of the statutes is amended to read:
AB40-ASA1,674,87 66.1103 (4s) (a) 1. "Department" "Corporation" means the department of
8commerce
Wisconsin Economic Development Corporation.
AB40-ASA1, s. 1735 9Section 1735. 66.1103 (4s) (b) 3. of the statutes is amended to read:
AB40-ASA1,674,1410 66.1103 (4s) (b) 3. The employer shall certify compliance with this subsection
11to the department corporation, to the governing body of each municipality or county
12within which a lost job exists and to any collective bargaining agent in this state with
13which the employer has a collective bargaining agreement at the project site or at a
14site where a lost job exists.
AB40-ASA1, s. 1736 15Section 1736. 66.1103 (4s) (b) 4. of the statutes is amended to read:
AB40-ASA1,674,2116 66.1103 (4s) (b) 4. The employer shall submit a report to the department
17corporation every 3 months during the first year after the construction of the project
18is completed. The reports shall provide information about new jobs, lost jobs, and
19offers of employment made to persons who were formerly employed at lost jobs. The
204th report shall be the final report. The form and content of the reports shall be
21prescribed by the department corporation under par. (d).
AB40-ASA1, s. 1737 22Section 1737. 66.1103 (4s) (d) of the statutes is amended to read:
AB40-ASA1,674,2423 66.1103 (4s) (d) The department corporation shall administer this subsection
24and shall prescribe forms for certification and reports under par. (b).
AB40-ASA1, s. 1738 25Section 1738. 66.1103 (10) (c) of the statutes is amended to read:
AB40-ASA1,675,9
166.1103 (10) (c) A copy of the initial resolution together with a statement
2indicating when the public notice required under par. (b) was published shall be filed
3with the secretary of commerce Wisconsin Economic Development Corporation
4within 20 days following publication of notice. Prior to the closing of the bond issue,
5the secretary corporation may require additional information from the eligible
6participant or the municipality or county. After the closing of the bond issue, the
7secretary corporation shall be notified of the closing date, any substantive changes
8made to documents previously filed with the secretary corporation, and the principal
9amount of the financing.
AB40-ASA1, s. 1739 10Section 1739. 66.1103 (10) (g) of the statutes is amended to read:
AB40-ASA1,675,1411 66.1103 (10) (g) Bonds may not be issued unless prior to adoption of an initial
12resolution a document which provides a good faith estimate of attorney fees which
13will be paid from bond proceeds is filed with the clerk of the municipality or county
14and the department of commerce Wisconsin Economic Development Corporation.
AB40-ASA1, s. 1740 15Section 1740. 66.1104 of the statutes is repealed.
AB40-ASA1, s. 1740g 16Section 1740g. 66.1105 (4) (gm) 4. c. of the statutes is amended to read:
AB40-ASA1,676,317 66.1105 (4) (gm) 4. c. Except as provided in subs. (10) (c), (16) (d), and (17), the
18equalized value of taxable property of the district plus the value increment of all
19existing districts does not exceed 12 percent of the total equalized value of taxable
20property within the city. In determining the equalized value of taxable property
21under this subd. 4. c., the department of revenue shall base its calculations on the
22most recent equalized value of taxable property of the district that is reported under
23s. 70.57 (1m) before the date on which the resolution under this paragraph is
24adopted. If the department of revenue determines that a local legislative body
25exceeds the 12 percent limit described in this subd. 4. c., the department shall notify

1the city of its noncompliance, in writing, not later than December 31 of the year in
2which the department receives the completed application or amendment forms
3described in sub. (5) (b).
AB40-ASA1, s. 1740i 4Section 1740i. 66.1105 (5) (bt) of the statutes is created to read:
AB40-ASA1,676,145 66.1105 (5) (bt) If the city of New Lisbon amends, or attempts to amend, the
6project plan of Tax Incremental District Number 12 on January 1, 2012, based on
7actions taken by the common council between July 1, 2011, and December 31, 2011,
8the tax incremental base of the district shall be redetermined by the department of
9revenue as if the district's project plan had been amended on January 1, 2012, except
10that the department of revenue may not certify a value increment under par. (b), that
11reflects the amendment to the district's plan, before 2012. In addition, the time limits
12specified for the city clerk in par. (b), and the provisions relating to the 12 percent
13limit findings requirement under sub. (4) (gm) 4. c., do not apply to an amendment
14to the project plan of Tax Incremental District Number 12 in the city of New Lisbon.
AB40-ASA1, s. 1740k 15Section 1740k. 66.1105 (6) (a) (intro.) of the statutes is amended to read:
AB40-ASA1,677,716 66.1105 (6) (a) (intro.) If the joint review board approves the creation of the tax
17incremental district under sub. (4m), and subject to par. (ae), positive tax increments
18with respect to a tax incremental district are allocated to the city which created the
19district or, in the case of a city or village that annexes or attaches a district created
20under sub. (16), to the annexing or attaching city or village,
for each year
21commencing after the date when a project plan is adopted under sub. (4) (g). The
22department of revenue may not authorize allocation of tax increments until it
23determines from timely evidence submitted by the city that each of the procedures
24and documents required under sub. (4) (d) to (f) has been completed and all related
25notices given in a timely manner. The department of revenue may authorize

1allocation of tax increments for any tax incremental district only if the city clerk and
2assessor annually submit to the department all required information on or before the
32nd Monday in June. The facts supporting any document adopted or action taken
4to comply with sub. (4) (d) to (f) are not subject to review by the department of revenue
5under this paragraph. After the allocation of tax increments is authorized, the
6department of revenue shall annually authorize allocation of the tax increment to
7the city that created the district until the soonest of the following events:
AB40-ASA1, s. 1741 8Section 1741. 66.1105 (13) of the statutes is repealed.
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