Amendment ASA1-AB40

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.

AB40-ASA1, s. 1740g Section 1740g. 66.1105 (4) (gm) 4. c. of the statutes is amended to read:

AB40-ASA1,676,3 66.1105 (4) (gm) 4. c. Except as provided in subs. (10) (c), (16) (d), and (17), the equalized value of taxable property of the district plus the value increment of all existing districts does not exceed 12 percent of the total equalized value of taxable property within the city. In determining the equalized value of taxable property under this subd. 4. c., the department of revenue shall base its calculations on the most recent equalized value of taxable property of the district that is reported under s. 70.57 (1m) before the date on which the resolution under this paragraph is adopted. If the department of revenue determines that a local legislative body exceeds the 12 percent limit described in this subd. 4. c., the department shall notify the city of its noncompliance, in writing, not later than December 31 of the year in which the department receives the completed application or amendment forms described in sub. (5) (b).

AB40-ASA1, s. 1740i Section 1740i. 66.1105 (5) (bt) of the statutes is created to read:

AB40-ASA1,676,14 66.1105 (5) (bt) If the city of New Lisbon amends, or attempts to amend, the project plan of Tax Incremental District Number 12 on January 1, 2012, based on actions taken by the common council between July 1, 2011, and December 31, 2011, the tax incremental base of the district shall be redetermined by the department of revenue as if the district's project plan had been amended on January 1, 2012, except that the department of revenue may not certify a value increment under par. (b), that reflects the amendment to the district's plan, before 2012. In addition, the time limits specified for the city clerk in par. (b), and the provisions relating to the 12 percent limit findings requirement under sub. (4) (gm) 4. c., do not apply to an amendment to the project plan of Tax Incremental District Number 12 in the city of New Lisbon.

AB40-ASA1, s. 1740k Section 1740k. 66.1105 (6) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,677,7 66.1105 (6) (a) (intro.) If the joint review board approves the creation of the tax incremental district under sub. (4m), and subject to par. (ae), positive tax increments with respect to a tax incremental district are allocated to the city which created the district or, in the case of a city or village that annexes or attaches a district created under sub. (16), to the annexing or attaching city or village, for each year commencing after the date when a project plan is adopted under sub. (4) (g). The department of revenue may not authorize allocation of tax increments until it determines from timely evidence submitted by the city that each of the procedures and documents required under sub. (4) (d) to (f) has been completed and all related notices given in a timely manner. The department of revenue may authorize allocation of tax increments for any tax incremental district only if the city clerk and assessor annually submit to the department all required information on or before the 2nd Monday in June. The facts supporting any document adopted or action taken to comply with sub. (4) (d) to (f) are not subject to review by the department of revenue under this paragraph. After the allocation of tax increments is authorized, the department of revenue shall annually authorize allocation of the tax increment to the city that created the district until the soonest of the following events:

AB40-ASA1, s. 1741 Section 1741. 66.1105 (13) of the statutes is repealed.

AB40-ASA1, s. 1741e Section 1741e. 66.1105 (16) (a) 1. of the statutes is amended to read:

AB40-ASA1,677,12 66.1105 (16) (a) 1. The town enters into a cooperative plan with a city or village, under s. 66.0307, under which part or all of the town will be annexed or attached by the city or village in the future.

AB40-ASA1, s. 1741ec Section 1741ec. 66.1105 (16) (a) 2. of the statutes is amended to read:

AB40-ASA1,677,16 66.1105 (16) (a) 2. The city or village into which the town territory will be annexed or attached adopts a resolution approving the creation of the tax incremental district.

AB40-ASA1, s. 1741ee Section 1741ee. 66.1105 (16) (a) 3. of the statutes is amended to read:

AB40-ASA1,677,19 66.1105 (16) (a) 3. The tax incremental district is located solely within territory that is to be annexed or attached by a city or village as described under subd. 1.

AB40-ASA1, s. 1741ej Section 1741ej. 66.1105 (16) (c) of the statutes is created to read:

AB40-ASA1,677,23 66.1105 (16) (c) If a district created under this subsection is annexed or attached by a city or village it shall be administered by that city or village, and all of the following apply to the district as if it were created by that city or village:

AB40-ASA1,677,25 1. The lifespan of the district and the allocation of tax increments under sub. (6).

AB40-ASA1,678,2 2. Except as provided in par. (e), the date on which the district terminates under sub. (7).

AB40-ASA1,678,3 3. The creation date of the district by the town.

AB40-ASA1,678,4 4. The project plan of the district.

AB40-ASA1,678,5 5. The procedures to amend the district's project plan under sub. (4) (h).

AB40-ASA1,678,6 6. The procedures to extend the life of the district under sub. (7) (am).

AB40-ASA1, s. 1741em Section 1741em. 66.1105 (16) (d) of the statutes is created to read:

AB40-ASA1,678,11 66.1105 (16) (d) The department of revenue may not include the equalized value of taxable property of a district created under this subsection when applying the 12 percent limit findings requirement under sub. (4) (gm) 4. c. to a city or village which annexes or attaches such a district.

AB40-ASA1, s. 1741ep Section 1741ep. 66.1105 (16) (e) of the statutes is created to read:

AB40-ASA1,678,19 66.1105 (16) (e) If a city or village annexes or attaches a district created under this subsection before the last day on which the cooperative plan entered into under s. 66.0307 allows a boundary change, the district shall remain in existence at least through December 31 of the last calendar year of the period during which a boundary change could have occurred, notwithstanding sub. (7). The annexing or attaching city or village is responsible for all contracts, agreements, and obligations of the town related to the district.

AB40-ASA1, s. 1741es Section 1741es. 66.1105 (16) (f) of the statutes is created to read:

AB40-ASA1,679,2 66.1105 (16) (f) 1. Except as provided in subd. 2., if a city or village is in the process of annexing or attaching a district created under this subsection, but has not completed the process, the city or village may enter into a contract or agreement related to the district, with any person, or may assume an obligation of the district, and the town would continue to receive any tax increments for which it is eligible until the annexation or attachment process is complete.

AB40-ASA1,679,6 2. A contract, agreement, or obligation, as described under subd. 1., does not apply and may not be enforced until the annexation or attachment process is complete and the city or village begins to receive tax increments associated with the district.

AB40-ASA1, s. 1742 Section 1742. 66.1305 (2) (a) 1. of the statutes is amended to read:

AB40-ASA1,679,9 66.1305 (2) (a) 1. "Arts incubator" has the meaning given in s. 44.60 41.60 (1) (a).

AB40-ASA1, s. 1743 Section 1743. 66.1305 (2) (b) 3. of the statutes is amended to read:

AB40-ASA1,679,12 66.1305 (2) (b) 3. Apply for a grant or loan under s. 44.60 41.60 in connection with an arts incubator.

AB40-ASA1, s. 1744 Section 1744. 66.1333 (2m) (am) of the statutes is amended to read:

AB40-ASA1,679,15 66.1333 (2m) (am) "Arts incubator" has the meaning given in s. 44.60 41.60 (1) (a).

AB40-ASA1, s. 1745 Section 1745. 66.1333 (2m) (d) 7. of the statutes is amended to read:

AB40-ASA1,679,19 66.1333 (2m) (d) 7. Studying the feasibility of and initial design for an arts incubator, developing and operating an arts incubator, and applying for a grant or loan under s. 44.60 41.60 in connection with an arts incubator.

AB40-ASA1, s. 1745m Section 1745m. 67.01 (5) of the statutes is amended to read:

AB40-ASA1,680,3 67.01 (5) "Municipality" means any of the following which is authorized to levy a tax: a county, city, village, town, school district, board of park commissioners, technical college district, metropolitan sewerage district created under ss. 200.01 to 200.15 or 200.21 to 200.65, town sanitary district under subch. IX of ch. 60, transit authority created under s. 66.1039, public inland lake protection and rehabilitation district established under s. 33.23, 33.235, or 33.24, and any other public body empowered to borrow money and issue obligations to repay the money out of public funds or revenues. "Municipality" does not include the state.

AB40-ASA1, s. 1746 Section 1746. 67.05 (6a) (bg) 2. of the statutes is amended to read:

AB40-ASA1,680,9 67.05 (6a) (bg) 2. The department of commerce safety and professional services shall determine for each grade level in which pupils attended school in a building described in subd. 1., the average cost per square foot for, and the average number of square feet per pupil included in, 2 recently constructed school buildings that were designed to serve pupils of that grade level, as selected by that department.