AB710: Bill Text

AB710, s. 610 Section 610. 66.945 (8) (b) of the statutes is renumbered 66.0309 (8) (b).

AB710, s. 611 Section 611. 66.945 (9) and (10) of the statutes, as affected by 1999 Wisconsin Act 9, are renumbered 66.0309 (9) and (10) and amended to read:

AB710,513,22 66.0309 (9) Preparation of master plan for region. The regional planning commission shall have the function and duty of making and adopting a master plan for the physical development of the region. The master plan, with the accompanying maps, plats, charts, programs and descriptive and explanatory matter, shall show the commission's recommendations for such physical development and shall contain at least the elements described in s. 66.0295 66.1001. The regional planning commission may amend, extend or add to the master plan or carry any part or subject matter into greater detail.

AB710,514,16 (10) Adoption of master plan for region. The master plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the region which will, in accordance with existing and future needs, best promote public health, safety, morals, order, convenience, prosperity or the general welfare, as well as efficiency and economy in the process of development. The regional planning commission may adopt the master plan as a whole by a single resolution, or, as the work of making the whole master plan progresses, may by resolution adopt a part or parts thereof of the master plan, any such part to correspond with one or more of the elements specified in s. 66.0295 66.1001. The resolution shall refer expressly to the maps, plats, charts, programs and descriptive and explanatory matter, and other matters intended by the regional planning commission to form the whole or any part of the plan, and the action taken shall be recorded on the adopted plan or part thereof of the adopted plan by the identifying signature of the chairperson of the regional planning commission and a copy of the plan or part thereof of the adopted plan shall be certified to the legislative bodies of the local governmental units within the region. The purpose and effect of adoption of the master plan shall be solely to aid the regional planning commission and the local governments and local government officials comprising the region in the performance of their functions and duties.

AB710, s. 612 Section 612. 66.945 (11) to (16) of the statutes are renumbered 66.0309 (11) to (16), and 66.0309 (11), (12) (b) (intro.) and 1., (13), (14) (a) to (c), (d) (intro.) and 1., (e) and (f), (15) and (16), as renumbered, are amended to read:

AB710,515,11 66.0309 (11) Matters referred to regional planning commission. The officer or public body of a local governmental unit within the region having final authority thereon may refer to the regional planning commission, for its consideration and report, the following matters: The location of or acquisition of land for any of the items or facilities which are included in the adopted regional master plan. Within 20 days after the matter is referred to the regional planning commission or such a longer period as may be stipulated by the referring officer or public body, the commission shall report its recommendations to the referring officer or public body. The report and recommendations of the commission shall be advisory only. State agencies A state agency may authorize the regional planning commission with the consent of the commission to act for such the agency in approving, examining or reviewing plats, under s. 236.12 (2) (a). Regional planning commissions A regional planning commission authorized by a local unit on November 1, 1980 to act for the local unit in approving plats may continue to so act until the commission withdraws its consent or the local unit its approval. A local unit may authorize a regional planning commission, with the consent of the commission, to conduct an advisory review of plats.

AB710,515,15 (12) (b) (intro.) In addition to the other powers specified in this section a regional planning commission may enter into a contract with any local unit within the region under s. 66.30 66.0301 to make studies and offer advice on any of the following topics:

AB710,515,16 1. Land use, thoroughfares, community facilities, and public improvements;.

AB710,515,24 (13) Aid from governmental agencies; gifts and grants. Aid, in any form, for the purpose of accomplishing the objectives of the regional planning commission may be accepted from all governmental agencies whether local, state or federal, if the conditions under which such aid is furnished are not incompatible with the other provisions of this section. The regional planning commission may accept gifts and grants from public or private individuals or agencies if the conditions under which such the grants are made are in accordance with the accomplishment of the objectives of the regional planning commission.

AB710,516,13 (14) (a) For the purpose of providing funds to meet the expenses of a regional planning commission, the commission shall annually on or before October 1 prepare and approve a budget reflecting the cost of its operation and services to the local governmental units within the region. The amount of the budget charged to any local governmental unit shall be in the proportion of the equalized value for tax purposes of the land, buildings and other improvements thereon of such on the land of the local governmental unit, within the region, to the total such equalized value within the region. The amount charged to a local governmental unit shall not exceed .003 per cent of such equalized value under its jurisdiction and within the region, unless the governing body of such the unit expressly approves the amount in excess of such that percentage. All tax or other revenues raised for a regional planning commission shall be forwarded by the treasurer of the local unit to the treasurer of the commission on written order of the treasurer of the commission.

AB710,516,20 (b) Where one-half or more of the land within a county is within a region, the chairperson of the regional planning commission shall certify to the county clerk, prior to before August 1 of each year, the proportionate amount of the budget charged to the county for the services of the regional planning commission. Unless the county board finds such the charges unreasonable, and institutes the procedures set forth below for such a contingency under par. (d), it shall take such necessary legislative action as necessary to provide the funds called for in the certified statement.

AB710,517,2 (c) Where less than one-half of the land within a county is within a region, the chairperson of the regional planning commission shall before August 1 of each year certify to the clerk of the local governmental unit involved a statement of the proportionate charges assessed to that local governmental unit. Such The clerk shall extend the amount shown in such the statement as a charge on the tax roll under s. 281.43 (2).

AB710,517,5 (d) (intro.) If any local governmental unit makes a finding by resolution within 20 days of the certification to its clerk that the charges of the regional planning commission are unreasonable, it may take any of the following actions:

AB710,517,15 1. Submit the issue to arbitration by 3 arbitrators, one to be chosen by the local governmental unit, one to be chosen by the regional planning commission and the third to be chosen by the first 2 arbitrators. If the arbitrators are unable to agree, the vote of 2 shall be the decision. They may affirm or modify the report, and shall submit their decision in writing to the local governmental unit and the regional planning commission within 30 days of their appointment unless the time be extended by agreement of the commission and the local governmental unit. The decision shall be binding. Election to arbitrate shall be waiver of right to proceed by action. Two-thirds of the expenses of arbitration shall be paid by the party requesting arbitration and the balance by the other, or.

AB710,517,18 (e) By agreement between the regional planning commission and a local governmental unit, special compensation to the commission for unique and special services provided to such the local governmental unit may be arranged.

AB710,517,22 (f) The regional planning commission may accept from any local governmental unit supplies, the use of equipment, facilities and office space and the services of personnel as part or all of the financial support assessed against such the local governmental unit.

AB710,518,6 (15) Dissolution of regional planning commissions. Upon receipt of certified copies of resolutions recommending the dissolution of a regional planning commission adopted by the governing bodies of a majority of the local units in the region, including the county board of any county, part or all of which is within the region, and upon a finding that all outstanding indebtedness of the commission has been paid and all unexpended funds returned to the local units which supplied them, or that adequate provision has been made therefor for the outstanding indebtedness or unexpended funds, the governor shall issue a certificate of dissolution of the commission which shall thereupon then cease to exist.

AB710,518,19 (16) Withdrawal. Within 90 days of the issuance by the governor of an order creating a regional planning commission, any local unit of government within the boundaries of such the region may withdraw from the jurisdiction of such the commission by a two-thirds vote of the members-elect of the governing body after a public hearing. Notice thereof of withdrawal shall be given to the commission by registered mail not more than 3 nor less than 2 weeks prior thereto before withdrawal and by publication of a class 2 notice, under ch. 985. A local unit may withdraw from a regional planning commission at the end of any fiscal year by a two-thirds vote of the members-elect of the governing body taken at least 6 months prior to before the effective date of such the withdrawal. However, such the local unit shall be responsible for its allocated share of the contractual obligations of the regional planning commission continuing beyond the effective date of its withdrawal.

AB710, s. 613 Section 613. 66.948 of the statutes is renumbered 66.0411.

AB710, s. 614 Section 614. 66.949 of the statutes is renumbered 66.0133, and 66.0133 (1) (c) and (3), as renumbered, are amended to read:

AB710,518,25 66.0133 (1) (c) "Performance contract" means a contract for the evaluation and recommendation of energy conservation and facility improvement measures, and for the implementation of one or more such of these measures.

AB710,519,18 (3) Notice. Notwithstanding ss. 27.065 (5) (a), 30.32, 38.18, 43.17 (9) (a), 59.52 (29) (a), 59.70 (11), 60.47 (2) to (4), 60.77 (6) (a), 61.55, 61.56, 61.57, 62.15 (1), 62.155, 66.24 (5) (d), 66.299 (2), 66.431 (5) (a) 2., 66.47 (11), 66.505 (10), 66.508 (10) and 66.904 (2) 66.0131 (2), 66.0923 (10), 66.0925 (10), 66.0927 (11), 66.1333 (5) (a) 2., 200.11 (5) (d) and 200.47 (2), before entering into a performance contract under this section, a local governmental unit shall solicit bids or competitive sealed proposals from qualified providers. A local governmental unit may only enter into a performance contract if the contract is awarded by the governing body of the local governmental unit. The governing body shall give at least 10 days' notice of the meeting at which the body intends to award a performance contract. The notice shall include a statement of the intent of the governing body to award the performance contract, the names of all potential parties to the proposed performance contract, and a description of the energy conservation and facility improvement measures included in the performance contract. At the meeting, the governing body shall review and evaluate the bids or proposals submitted by all qualified providers and may thereafter award the performance contract to the qualified provider that best meets the needs of the local governmental unit, which need not be the lowest cost provider.

AB710, s. 615 Section 615. 66.95 of the statutes is renumbered 66.0431 and amended to read:

AB710,520,6 66.0431 Prohibiting operators from leaving keys in parked motor vehicles. The governing body of any a city, village or town may by ordinance require every passenger motor vehicle to be equipped with a lock suitable to lock either the starting lever, throttle, steering apparatus, gear shift lever or ignition system; prohibit any person from permitting a motor vehicle in the person's custody from standing or remaining unattended on any street, road, or alley or in any other public place, except an attended parking area, unless either the starting lever, throttle, steering apparatus, gear shift or ignition of the vehicle is locked and the key for that lock is removed from the vehicle; and provide forfeitures for such violations. The foregoing provisions shall of the ordinance. This section does not apply to motor vehicles operated by common carriers of passengers under ch. 194.

AB710, s. 616 Section 616. 66.955 of the statutes is renumbered 23.235, and 23.235 (3), as renumbered, is amended to read:

AB710,520,12 23.235 (3) The department of natural resources may conduct research on the control of nuisance weeds. The secretaries of natural resources and of agriculture, trade and consumer protection may authorize any person to plant or cultivate nuisance weeds for the purpose of controlled experimentation.

AB710, s. 617 Section 617 . 66.96 (title) and (1) of the statutes are renumbered 66.0407 (title) and (1) (intro.), and 66.0407 (1) (intro.), as renumbered, are amended to read:

AB710,520,15 66.0407 (1) (intro.) The term "destroy" In this section:

AB710,520,20 (a) "Destroy" means the complete killing of weeds or the killing of weed plants above the surface of the ground by the use of chemicals, cutting, tillage, cropping system, pasturing livestock, or any or all of these in effective combination, at such a time and in such a manner as will effectually prevent such the weed plants from maturing to the bloom or flower stage.

AB710, s. 618 Section 618. 66.96 (2) of the statutes is renumbered 66.0407 (1) (b) and amended to read:

AB710,521,2 66.0407 (1) (b) The term "noxious weeds" as used in this chapter includes the following: "Noxious weed" means Canada thistle, leafy spurge and field bindweed (creeping Jenny) and any other such weeds as weed the governing body of any municipality or the county board of any county by ordinance or resolution declares to be noxious within its respective boundaries.

AB710, s. 619 Section 619. 66.96 (3) to (5) of the statutes are renumbered 66.0407 (3) to (5), and 66.0407 (3), as renumbered, is amended to read:

AB710,521,11 66.0407 (3) Every A person owning, occupying or controlling land shall destroy all noxious weeds on all lands which the person shall own, occupy or control the land. The person having immediate charge of any public lands shall destroy all noxious weeds on such the lands. The highway patrolman on all federal, state or county trunk highways shall destroy all noxious weeds on that portion of the highway which that highway patrolman patrols. The town board shall cause to be destroyed is responsible for the destruction of all noxious weeds on the town highways.

AB710, s. 620 Section 620 . 66.97 to 66.99 of the statutes are repealed.

Note: Restated as s. 66.0517, with minor amendments. See Section 154.

AB710, s. 621 Section 621. 67.01 (9) (h) of the statutes is amended to read:

AB710,521,17 67.01 (9) (h) To contractor's certificates, general obligation-local improvement bonds or special assessment B bonds issued pursuant to s. 66.54 under s. 66.0713 except as therein specified provided in that section or to general obligation-local improvement bonds issued under s. 67.16, except as provided in that section.

AB710, s. 622 Section 622. 67.05 (5) (b) of the statutes is amended to read:

AB710,523,3 67.05 (5) (b) No city or village may issue any bonds for any purposes other than for water systems, lighting works, gas works, bridges, street lighting, street improvements, street improvement funding, hospitals, airports, harbor improvements, river improvements, breakwaters and protection piers, sewerage, garbage disposal, rubbish or refuse disposal, any combination of sewage, garbage or refuse or rubbish disposal, parks and public grounds, swimming pools and band shells thereon, veterans housing projects, paying the municipality's portion of the cost of abolishing grade crossings, for the construction of police facilities and combined fire and police safety buildings, for the purchase of sites for engine houses, for fire engines and other equipment of the fire department, for construction of engine houses, and for pumps, water mains, reservoirs and all other reasonable facilities for fire protection apparatus or equipment for fire protection, for parking lots or other parking facilities, for school purposes, for libraries, for buildings for the housing of machinery and equipment, for acquiring and developing sites for industry and commerce as will expand the municipal tax base, for financing the cost of low-interest mortgage loans under s. 66.38 62.237, for providing financial assistance to blight elimination, slum clearance, community development, redevelopment and urban renewal programs and projects under ss. 66.405 66.1105, 66.1301 to 66.425, 66.43, 66.431, 66.4325, 66.435 and 66.46 66.1329 and 66.1331 to 66.1337 or for university University of Wisconsin system System college campuses, as defined in s. 36.05 (6m), until the proposition for their issue for the special purpose thereof has been submitted to the electors of the city or village and adopted by a majority vote. Except as provided under sub. (15), if the common council of any a city or the village board of any a village declares its purpose to raise money by issuing bonds for any purpose other than those above specified in this subsection, it shall direct by resolution, which shall be recorded at length in the record of its proceedings, the clerk to call a special election for the purpose of submitting the question of bonding to the city or village electors. If a number of electors of a city or village equal to at least 15% of the votes cast for governor at the last general election in their city or village sign and file a petition conforming to the requirements of s. 8.40 with the city or village clerk requesting submission of the resolution, the city or village may not issue bonds for financing the cost of low-interest mortgage loans under s. 66.38 62.237 without calling a special election to submit the question of bonding to the city or village electors for their approval.

AB710, s. 623 Section 623 . 67.16 of the statutes is created to read:

AB710,523,5 67.16 General obligation-local improvement bonds. (1) In this section:

AB710,523,7 (a) "Debt service fund" means the fund, however derived, set aside for the payment of principal and interest on bonds issued under this section.

AB710,523,9 (b) "Governing body" means the body or board vested by statute with the power to levy special assessments for public improvement.

AB710,523,14 (c) "Local governmental unit" means a county, city, village, town, farm drainage board, sanitary district, utility district, public inland lake protection and rehabilitation district or any other public board, commission or district, except a 1st class city, authorized by law to levy special assessments for public improvements against the property benefited by the special improvements.

AB710,523,17 (d) "Public improvement" means the result of the performance of work or the furnishing of materials or both, for which special assessments are authorized to be levied against the property benefited by the special assessment.

AB710,523,21 (2) (a) For the purpose of anticipating the collection of special assessments payable in instalments under s. 66.0621 (3), the governing body of a local governmental unit, after the instalments have been determined, may issue general obligation-local improvement bonds under this section.

AB710,523,25 (3) After the expiration of 90 days from the date of a general obligation-local improvement bond, the bond is conclusive evidence of the legality of all proceedings up to and including the issue of the bond and prima facie evidence of the proper construction of the improvement.

Note: Provisions of s. 66.54 relating to general obligation-local improvement bonds are relocated to ch. 67, relating to general obligation debt. See also Section 518 of this bill.

AB710, s. 624 Section 624. 70.11 (18) of the statutes is amended to read:

AB710,524,3 70.11 (18) Housing. Property of housing authorities exempt from taxation under ss. 66.39 (9) and 66.40 (22) s. 66.1201 (22).

AB710, s. 625 Section 625. 74.53 (1) (b) of the statutes is amended to read:

AB710,524,9 74.53 (1) (b) The cost of razing and removing property and restoring the site to a dust-free and erosion-free condition incurred under s. 66.05 (2), (5), (8) (bg) or (10) 66.0413 (1) (br) 2., (f), (g) or (i), (2) (d) or (4) or of filling an excavation incurred under s. 66.05 (6) 66.0427 if the person owned the property when the property was razed and removed and the site restored or the excavation was filled.

AB710, s. 626 Section 626. 85.20 (3) (b) 4. of the statutes is amended to read:

AB710,524,13 85.20 (3) (b) 4. The eligible applicant complies with any applicable provisions of ss. 59.58 (2) (j) 2., (k) 2. and (L) and (3) (h) 2. and (j), 66.94 (30m) and 66.943 66.1021 (10) (b), (11) (b) and (12) with respect to limitation on service.

AB710, s. 627 Section 627. 87.01 (7) of the statutes is amended to read:

AB710,524,16 87.01 (7) "Public service corporation" means any corporation specified in s. 200.01 201.01.

AB710, s. 628 Section 628. 103.49 (1) (d), (3) (a) and (b), (4r), (5) (a) and (b), (6m) (a) to (e) and (7) (a) and (d) of the statutes are amended to read:

AB710,525,2 103.49 (1) (d) "Prevailing 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation on projects in the area, or if.

AB710,525,11 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, then the "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or demolition of any project of public works in any area shall be means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation.

AB710,526,2 (3) (a) Before bids are asked for any work to which this section applies, the state agency having the authority to prescribe the specifications shall apply to the department to determine the prevailing wage rate and prevailing hours of labor for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall make such investigations and hold such public hearings as may be necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates and prevailing hours of labor in all areas of the state for those trades or occupations, with a view to ascertaining the prevailing wage rate and prevailing hours of labor for each such trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the same determination with the requesting state agency applying therefor. For the information of the employes working on the project, the prevailing wage rates and prevailing hours of labor determined by the department and the provisions of subs. (2) and (6m) shall be kept posted by the state agency in at least one conspicuous and easily accessible place on the site of the project.

AB710,526,12 (b) Any person may request a recalculation of any portion of a determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate or prevailing hours of labor for any given trade or occupation included in the initial determination does not represent the prevailing wage rate or prevailing hours of labor for that trade or occupation in the area. Such The evidence shall include wage rate and hours of labor information for work performed in the contested trade or occupation in the area within the previous 12 months. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

AB710,526,20 (4r) Compliance. (a) When the department finds that a state agency has not requested a determination under sub. (3) (a) or that a state agency, contractor or subcontractor has not physically incorporated a determination into a contract or subcontract as required under sub. (2) or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under sub. (2), the department shall notify the state agency, contractor or subcontractor of such the noncompliance and shall file the determination with the state agency, contractor or subcontractor within 30 days after such notice.

AB710,526,25 (b) Upon completion of a project and before receiving final payment for his or her work on the project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until such an the affidavit is filed in proper form and order.

AB710,527,14 (c) Upon completion of a project and before receiving final payment for his or her work on the project, each contractor shall file with the state agency authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A state agency may not authorize a final payment until such an the affidavit is filed in proper form and order. If a state agency authorizes a final payment before such an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person specified in sub. (2m) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the state agency withhold all or part of the final payment, but the state agency fails to do so, the state agency is liable for all back wages payable up to the amount of the final payment.

AB710,527,19 (5) (a) Each contractor, subcontractor or contractor's or subcontractor's agent thereof performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid therefor for the hours worked.

AB710,528,5 (b) It shall be the duty of the department to enforce this section. To this end it may demand and examine, and it shall be the duty of every contractor, subcontractor and contractor's and subcontractor's agent thereof to shall keep, and furnish to upon request by the department, copies of payrolls and other records and information relating to the wages paid to persons described in sub. (2m) for work to which this section applies. The department may inspect records in the manner provided in this chapter and chs. 104 to 106.Every contractor, subcontractor or agent performing work on a project that is subject to this section is subject to the requirements of ch. 101 relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB710,528,10 (6m) (a) Except as provided in pars. (b), (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent thereof who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any such a violation continues shall be considered is a separate offense.

AB710,528,18 (b) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the individual is entitled under the contract governing such the project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from such employment or by any other means is guilty of an offense under s. 946.15 (1).

AB710,529,2 (c) Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or contractor's or subcontractor's agent thereof to pay him or her less than the prevailing wage rate set forth in the contract governing such the project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

AB710,529,8 (d) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the individual is entitled under the contract governing such the project to be deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.

AB710,529,13 (e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

AB710,530,2 (7) (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies and to the University of Wisconsin Hospitals and Clinics Authority a list 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 determined under sub. (3) at any time in the preceding 3 years. The department shall include with any such name the address of such the person and shall specify when such the person failed to pay the prevailing wage rate and when such 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 state agency or the University of Wisconsin Hospitals and Clinics Authority may not award any contract to such the person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

AB710,530,11 (d) Any person submitting a bid on a project that is subject to this section shall be required, on the date the person submits the bid, to identify any construction business in which the person, or a shareholder, officer or partner of the person, if the person is a business, owns, or has owned at least a 25% interest on the date the person submits the bid or at any other time within 3 years preceding the date the person submits the bid, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (3) or 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 determined under sub. (3).

Note: For consistency, s. 103.49 (prevailing wage rates for state building projects) is amended to make editorial changes that parallel those made to current s. 66.293 (prevailing wage rates for municipalities) by Section 335.

AB710, s. 629 Section 629. 103.50 (1) (d), (7) (a) to (e) and (8) of the statutes are amended to read:

AB710,530,18 103.50 (1) (d) "Prevailing 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation in the area , or if.

AB710,531,3 2. If there is no rate at which a majority of the hours worked in the trade or occupation in the area is paid, then the prevailing wage rate shall be "prevailing wage rate" means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation in that area.

AB710,531,7 (7) (a) Except as provided in pars. (b), (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent thereof who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any such a violation continues shall be considered is a separate offense.

AB710,531,15 (b) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the individual is entitled under the contract governing such the project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from such employment or by any other means is guilty of an offense under s. 946.15 (1).

AB710,531,24 (c) Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or contractor's or subcontractor's agent thereof to pay him or her less than the prevailing wage rate set forth in the contract governing such the project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

AB710,532,6 (d) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the individual is entitled under the contract governing such the project to be deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.

AB710,532,12 (e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.

AB710,532,24 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2) and (6). The department of transportation may demand and examine, and it shall be the duty of every contractor, subcontractor and contractor's or subcontractor's agent thereof to shall keep and furnish to upon request by the department of transportation, copies of payrolls and other records and information relating to the wages paid to persons described in sub. (2m) for work to which this section applies. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall make such investigation investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

Note: For consistency, s. 103.50 (prevailing wage rates for state highway projects) is amended to make editorial changes that parallel those made to current s. 66.293 (prevailing wage rates for municipalities) by Section 335.

AB710, s. 630 Section 630. 117.132 (1m) (a) of the statutes is amended to read:

AB710,533,4 117.132 (1m) (a) "Annexed" means annexed or attached under s. 66.021, 66.022, 66.023, 66.024, 66.025 or 66.027 66.0217, 66.0219, 66.0221, 66.0223, 66.0225, 66.0227 or 66.0307.

AB710, s. 631 Section 631. 119.04 (1) of the statutes, as affected by 1997 Wisconsin Act 77 and 1999 Wisconsin Act 9, is amended to read:

AB710,533,14 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.45, 118.001 to 118.04, 118.045, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.164, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.291, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (26), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and, 120.14 and 120.25 are applicable to a 1st class city school district and board.

AB710, s. 632 Section 632. 120.25 (title) of the statutes is created to read: