AB539: Bill Text

AB539,3,13 13.48 (19) (b) The building commission may not lease or acquire a building, structure or facility for the purpose of confining persons serving a sentence of imprisonment to the Wisconsin state prisons under ch. 973 unless the person who undertakes construction or conversion of the building, facility or structure has met the requirements of s. 301.19 (2) and has complied with the agreement under s. 20.924 (1) (i).

AB539, s. 3 Section 3. 13.48 (27) of the statutes is amended to read:

AB539,3,21 13.48 (27) Lease of correctional facilities. The Subject to sub. (19) (b) and s. 20.924 (1) (i), the building commission may lease any facility meeting the requirements of s. 301.19 (2) for use of the department of corrections as a part of the authorized state building program, with an option to purchase the facility by the state. Any lease shall provide for the facility to be constructed in accordance with requirements and specifications approved by the department of administration and shall permit inspection of the site and facility by agents of the department.

AB539, s. 4 Section 4. 20.410 (1) (ab) of the statutes is amended to read:

AB539,4,4 20.410 (1) (ab) Corrections contracts and agreements. The amounts in the schedule for payments made in accordance with contracts entered into under ss. 301.21, 302.25 and 302.27, contracts entered into with the federal government under 18 USC 5003 and intra-agency agreements relating to the placement of prisoners and for transfer to the appropriation account under par. (ks) if the department of administration leases a private correctional facility under 1999 Wisconsin Act .... (this act), section 21 (2).

AB539, s. 5 Section 5 . 20.410 (1) (ab) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

AB539,4,13 20.410 (1) (ab) Corrections contracts and agreements. The amounts in the schedule for payments made in accordance with contracts entered into under ss. 301.21, 302.25 and 302.27, contracts entered into with the federal government under 18 USC 5003 and intra-agency agreements relating to the placement of prisoners and for transfer to the appropriation account under par. (ks) if the department of administration leases a private correctional facility under 1999 Wisconsin Act .... (this act), section 21 (2).

AB539, s. 6 Section 6. 20.410 (1) (ej) of the statutes is created to read:

AB539,4,19 20.410 (1) (ej) Private correctional facility operations, services and rental. A sum sufficient to operate, to provide services at and to make rental payments on any correctional facility leased under 1999 Wisconsin Act .... (this act), section 21 (2), to the extent that the amount appropriated under par. (ks) is insufficient to pay these costs.

AB539, s. 7 Section 7. 20.410 (1) (ej) of the statutes, as created by 1999 Wisconsin Act 1999 Wisconsin Act .... (this act), is amended to read:

AB539,5,2 20.410 (1) (ej) Private correctional facility operations, services and rental. A sum sufficient to operate, to provide services at and to make rental payments on any correctional facility leased under 1999 Wisconsin Act .... (this act), section 21 (2), to the extent that the amount appropriated under par. (ks) is insufficient to pay these costs.

AB539, s. 8 Section 8. 20.410 (1) (ks) of the statutes is created to read:

AB539,5,7 20.410 (1) (ks) Private correctional facility. All moneys transferred from the appropriation account under par. (ab) to operate, to provide services at and to make rental payments on any correctional facility leased under 1999 Wisconsin Act .... (this act), section 21 (2).

AB539, s. 9 Section 9. 20.410 (1) (ks) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

AB539, s. 10 Section 10. 20.924 (1) (i) of the statutes is created to read:

AB539,5,15 20.924 (1) (i) Shall not authorize the acquisition or leasing of any building, structure or facility, or portion thereof, under s. 301.19 (2) (a), for initial occupancy by the department of corrections for the purpose of confining persons serving a sentence of imprisonment to the Wisconsin state prisons under ch. 973 unless the seller or lessor agrees as follows:

AB539,5,22 1. Not to permit any employe working on the building, structure or facility, or portion thereof, who would be entitled to receive the prevailing wage rate under s. 103.49 and who would not be required or permitted to work more than the prevailing hours of labor, if the building, structure or facility, or portion thereof, were a project of public works subject to s. 103.49, to be paid less than the prevailing wage rate or to be required or permitted to work more than the prevailing hours of labor, except as permitted under s. 103.49 (2).

AB539,6,2 2. To require any contractor, subcontractor or agent thereof performing work on the building, structure or facility, or portion thereof, to keep and permit inspection of records in the same manner as a contractor, subcontractor or agent thereof performing work on a project of public works that is subject to s. 103.49 is required to keep and permit inspection of records under s. 103.49 (5).

AB539,6,9 3. Otherwise to comply with s. 103.49 in the same manner as a state agency contracting for the erection, construction, remodeling, repairing or demolition of a project of public works is required to comply with s. 103.49 and to require any contractor, subcontractor or agent thereof performing work on the building, structure or facility, or portion thereof, to comply with s. 103.49 in the same manner as a contractor, subcontractor or agent thereof performing work on a project of public works that is subject to s. 103.49 is required to comply with s. 103.49.

AB539, s. 11 Section 11 . 109.09 (1) of the statutes is amended to read:

AB539,7,6 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employes as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employe during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 20.924 (1) (i) 1., 2. and 3., 66.293, 103.02, 103.49, 103.82 and 104.12. In pursuance of this duty, the department may sue the employer on behalf of the employe to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) for the operation of the office of the district attorney who prosecuted the action.

AB539, s. 12 Section 12. 111.322 (2m) (c) of the statutes is amended to read:

AB539,7,10 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 20.924 (1) (i) 1., 2. or 3., 66.293 or 103.49 or testifies or assists in any action or proceeding under s. 20.924 (1) (i) 1., 2. or 3., 66.293 or 103.49.

AB539, s. 13 Section 13. 227.01 (13) (t) of the statutes is amended to read:

AB539,7,16 227.01 (13) (t) Ascertains and determines prevailing wage rates and prevailing hours of labor under ss. s. 20.924 (1) (i) 3., 66.293, 103.49 and or 103.50, except that any action or inaction which ascertains and determines prevailing wage rates and prevailing hours of labor under ss. s. 20.924 (1) (i) 3., 66.293, 103.49 and or 103.50 is subject to judicial review under s. 227.40.

AB539, s. 14 Section 14. 301.18 (1g) of the statutes is created to read:

AB539,7,20 301.18 (1g) The department of administration may acquire or lease correctional facilities defined under 1999 Wisconsin Act .... (this act), section 21 (1) (b).

AB539, s. 15 Section 15. 301.19 of the statutes is created to read:

AB539,7,23 301.19 Construction of correctional facilities by private persons. (1) In this section:

AB539,8,3 (a) "Authorized jurisdiction" means a county, a group of counties acting under s. 302.44, the United States or a federally recognized American Indian tribe or band in this state.

AB539,8,7 (b) "Correctional facility" means a prison, jail, house of correction or lockup facility but does not include an institution or facility or a portion of an institution or facility that is used solely to confine juveniles alleged or found to be delinquent under ch. 48, 1993 stats., or ch. 938.

AB539,8,10 (2) No private person may commence construction of a correctional facility or commence conversion of an existing building, structure or facility into a correctional facility unless all of the following requirements are met:

AB539,8,14 (a) The building commission has authorized the lease or acquisition of the building, structure or facility by the state upon the completion of the construction or conversion or has approved the construction or conversion of the building, structure or facility.

AB539,8,15 (b) The private person agrees to comply with s. 20.924 (1) (i) 1., 2. and 3.

AB539,8,18 (3) Subsection (2) does not apply to buildings, structures or facilities that are constructed or converted under a contract with and for use by an authorized jurisdiction.

AB539, s. 16 Section 16. 301.21 (1m) (a) (intro.) of the statutes is amended to read:

AB539,8,24 301.21 (1m) (a) (intro.) The Subject to sub. (7), the department may enter into one or more contracts with another state or a political subdivision of another state for the transfer and confinement in that state of prisoners who have been committed to the custody of the department. Any such contract shall provide for all of the following:

AB539, s. 17 Section 17. 301.21 (2m) (a) (intro.) of the statutes is amended to read:

AB539,9,4 301.21 (2m) (a) (intro.) The Subject to sub. (7), the department may enter into one or more contracts with a private person for the transfer and confinement in another state of prisoners who have been committed to the custody of the department. Any such contract shall provide for all of the following:

AB539, s. 18 Section 18. 301.21 (7) of the statutes is created to read:

AB539,9,8 301.21 (7) The department may transfer a prisoner under a contract under sub. (1m) or (2m) only if it does not have a bed available in a state prison at the appropriate security classification for the prisoner.

AB539, s. 19 Section 19. 301.235 (2) (e) of the statutes is amended to read:

AB539,9,12 301.235 (2) (e) All laws, except s. 20.924 (1) (i) and ch. 150, conflicting with this section are, insofar as they conflict with this section and no further, superseded by this section.

AB539, s. 20 Section 20. 302.01 of the statutes is amended to read:

AB539,9,25 302.01 State prisons named and defined listed. The penitentiary institution at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named "Dodge Correctional Institution". The penitentiary institution at Green Bay is named "Green Bay Correctional Institution". The medium/maximum penitentiary institution at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution". The medium security penitentiary institution near Fox Lake is named "Fox Lake Correctional Institution". The penitentiary institution at Taycheedah is named "Taycheedah Correctional Institution". The medium security penitentiary institution at Plymouth is named "Kettle Moraine Correctional Institution". The penitentiary institution at the village of Sturtevant in Racine county is named "Racine Correctional Institution". The medium security penitentiary institution at Racine is named "Racine Youthful Offender Correctional Facility". The resource facility at Oshkosh is named "Wisconsin Resource Center". The institutions named in this section, the correctional institution authorized under s. 301.16 (1n), correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), correctional institution authorized under s. 301.046 (1), correctional institution authorized under s. 301.048 (4) (b), minimum security correctional institutions authorized under s. 301.13, any correctional institution acquired or leased under s. 301.18 (1g) and state-local shared correctional facilities when established under s. 301.14, are state prisons.

AB539, s. 21 Section 21 . Nonstatutory provisions.

AB539,10,13 (1) Definition. In this Section, "private correctional facility" means, along with the land on which it is situated, a building, structure or facility meeting all of the following requirements:

AB539,10,15 (a) The building, structure or facility has been or is being constructed on the effective date of this paragraph.

AB539,10,20 (b) The building, structure or facility has been or is being constructed for the confinement of one or more individuals who, as a result of a court order from any jurisdiction, are in custody for the commission or alleged commission of a crime and who would be classified as medium or maximum security under the department of corrections' security classification system.

AB539,10,25 (c) The building, structure or facility has not been and is not being constructed under a contract with the department of administration, a county, a group of counties acting under section 302.44 of the statutes, the department of corrections and any county or group of counties acting under section 302.45 of the statutes, the United States or a federally recognized American Indian tribe or band in this state.

AB539,11,5 (2) Lease of private correctional facilities. The department of administration shall attempt to negotiate with the owner of each private correctional facility located in this state to lease the facility, with the term of the lease to begin July 1, 2000. If the department reaches an agreement to lease the facility, the lease is subject to approval of the building commission and the joint committee on finance.

AB539,11,8 (3) Inapplicability to juvenile facilities. Subsection (1 ) does not apply to a building, structure or facility that has been or is being constructed solely to confine juveniles alleged or found to be delinquent.

AB539,11,19 (4) Determination of reduction of costs for transfers of prisoners. If the department of administration leases a private correctional facility under subsection (2), the department of corrections shall, within 30 days of the date of the lease, determine the amount by which the costs for transferring and confining Wisconsin prisoners in other states will be reduced during fiscal year 2000-01 if the beds available for prisoners in the private correctional facility are filled and filled exclusively by prisoners who are or would have otherwise been confined out of state. The secretary of corrections shall transfer the amount determined by the department of corrections under this subsection from the appropriation under section 20.410 (1) (ab) of the statutes, as affected by this act, to the appropriation account under section 20.410 (1) (ks) of the statutes.

AB539, s. 22 Section 22. Initial applicability.

AB539,12,2 (1) The treatment of sections 20.924 (1) (i) and 301.19 of the statutes first applies to contracts for the construction of a correctional facility, or for the conversion of an existing building, structure or facility into a correctional facility entered into, or extended, modified or renewed, on the effective date of this subsection or, if such construction or conversion is commenced without a contract, the treatment of those sections first applies to such construction or conversion commenced on the effective date of this subsection.

AB539, s. 23 Section 23. Effective dates. This act takes effect on the day after publication, except as follows:

AB539,12,8 (1) The treatment of section 20.410 (1) (ab) (by Section 5) of the statutes, the repeal of section 20.410 (1) (ks) of the statutes and the amendment of section 20.410 (1) (ej) of the statutes take effect on the effective date of the 2001-03 biennial budget act.

AB539,12,9 (End)