AB969: Bill Text

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (3) (am) reads:

(am) A local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract, for the erection, construction, remodeling, repairing or demolition of any project of public works, including a highway, street or bridge construction project, shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work contemplated. The department shall conduct investigations and hold public hearings as 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 in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting local governmental unit.

AB969, s. 52 Section 52. The treatment of 66.0903 (3) (bm) of the statutes by 1999 Wisconsin Act 70, section 4, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (3) (bm) reads:

(bm) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by persons working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

AB969, s. 53 Section 53. The treatment of 66.0903 (9) (c) of the statutes by 1999 Wisconsin Act 70, section 12, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (9) (c) reads:

(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 local governmental unit 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 local governmental unit may not authorize a final payment until the affidavit is filed in proper form and order. If a local governmental unit authorizes a final payment before 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 performing the work specified in sub. (4) 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 local governmental unit withhold all or part of the final payment, but the local governmental unit fails to do so, the local governmental unit is liable for all back wages payable up to the amount of the final payment.

AB969, s. 54 Section 54. The treatment of 66.0903 (10) (a) of the statutes by 1999 Wisconsin Act 70, section 13, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (10) (a) reads:

(a) Each contractor, subcontractor or contractor's or subcontractor's agent 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 performing the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked.

AB969, s. 55 Section 55. The treatment of 66.0903 (10) (b) of the statutes by 1999 Wisconsin Act 70, section 14, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (10) (b) reads:

(b) The department or the contracting local governmental unit may demand and examine, and every contractor, subcontractor and contractor's or subcontractor's agent shall keep, and furnish upon request by the department or local governmental unit, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (4) for work to which this section applies. The department may inspect records in the manner provided in ch. 103. Every contractor, subcontractor or agent performing work on a project that is subject to this section is subject to the requirements of ch. 103 relating to the examination of records.

AB969, s. 56 Section 56. The treatment of 66.0903 (11) (a) of the statutes by 1999 Wisconsin Act 70, section 17, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (11) (a) reads:

(a) Any contractor, subcontractor or contractor's or subcontractor's agent, who fails to pay the prevailing wage rate determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, is liable to any affected employe in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional equal amount as liquidated damages. An action to recover the liability may be maintained in any court of competent jurisdiction by any employe for and in behalf of that employe and other employes similarly situated. No employe may be a party plaintiff to the action unless the employe consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.

AB969, s. 57 Section 57. The treatment of 66.0903 (11) (b) 2. of the statutes by 1999 Wisconsin Act 70, section 18, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (11) (b) 2. reads:

2. Whoever induces any person 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 person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person 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, by threat not to employ, by threat of dismissal from employment or by any other means is guilty of an offense under s. 946.15 (1).

AB969, s. 58 Section 58. The treatment of 66.0903 (11) (b) 4. of the statutes by 1999 Wisconsin Act 70, section 19, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (11) (b) 4. reads:

4. Whoever induces any person 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 person is entitled under the contract governing the project to be deducted from the person'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 a person who is working on a project that is subject to 40 USC 276c.

AB969, s. 59 Section 59. The treatment of 66.0903 (12) (a) of the statutes by 1999 Wisconsin Act 70, section 21, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (12) (a) reads:

(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.

AB969, s. 60 Section 60. The treatment of 66.0903 (12) (d) of the statutes by 1999 Wisconsin Act 70, section 23, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 335. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 66.0903 (12) (d) reads:

(d) Any person submitting a bid or negotiating a contract on a project that is subject to this section shall, on the date the person submits the bid or negotiates the contract, 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 negotiates the contract or at any other time within 3 years preceding the date the person submits the bid or negotiates the contract, 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.

AB969, s. 61 Section 61. The treatment of 66.1011 (1) of the statutes by 1999 Wisconsin Act 82, section 23, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 447. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 66.1011 (1) reads:

(1) Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, physical condition, disability as defined in s. 106.50 (1m) (g), sexual orientation as defined in s. 111.32 (13m), religion, national origin, marital status, family status as defined in s. 106.50 (1m) (k), lawful source of income, age or ancestry is a matter both of statewide concern under ss. 101.132 and 106.50 and also of local interest under this section and s. 66.0125. The enactment of ss. 101.132 and 106.50 by the legislature does not preempt the subject matter of equal opportunities in housing from consideration by political subdivisions, and does not exempt political subdivisions from their duty, nor deprive them of their right, to enact ordinances which prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.

AB969, s. 62 Section 62. The treatment of 66.1011 (2) of the statutes by 1999 Wisconsin Act 82, section 28, is not repealed by 1999 Wisconsin Act .... (Assembly Bill 710), section 447. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 66.1011 (2) reads:

(2) Antidiscrimination housing ordinances. Political subdivisions may enact ordinances prohibiting discrimination in housing within their respective boundaries solely on the basis of an individual being a member of a protected class. An ordinance may be similar to ss. 101.132 and 106.50 or may be more inclusive in its terms or in respect to the different types of housing subject to its provisions. An ordinance establishing a forfeiture as a penalty for violation may not be for an amount that is less than the statutory forfeitures under s. 106.50 (6) (h). An ordinance may permit a complainant, aggrieved person or respondent to elect to remove the action to circuit court after a finding has been made that there is reasonable cause to believe that a violation of the ordinance has occurred. An ordinance may authorize the political subdivision, at any time after a complaint has been filed alleging an ordinance violation, to file a complaint in circuit court seeking a temporary injunction or restraining order pending final disposition of the complaint.

AB969, s. 63 Section 63. The treatment of 66.184 of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act .... (Senate Bill 136). Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective on the first day of the 6th month beginning after the publication of 1999 Wis. Act (sb 136), s. 66.184 reads as follows. Section 66.184 is renumbered to s. 66.0137 (4) by 1999 Wis. Act (ab 710), effective January 1, 2001.

66.184 Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employes on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.895 (9) to (14), 632.896 and 767.25 (4m) (d).

AB969, s. 64 Section 64. The treatment of 73.0301 (1) (d) 6. of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 31. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 73.0301 (1) (d) 6. reads:

6. A license or certificate of registration issued by the department of financial institutions, or a division of it, under ss. 138.09, 138.12, 217.06, 218.0101 to 218.0163, 218.02, 218.04, 218.05, 224.72, 224.93 or under subch. III of ch. 551.

AB969, s. 65 Section 65. The treatment of 77.995 (2) of the statutes by 1999 Wisconsin Act 80, section 2, is not repealed by 1999 Wisconsin Act 83, section 131. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 66.1011 (2) reads:

(2) There is imposed a fee at the rate of 3%, or 5% for the rental of limousines, of the gross receipts on the rental, but not for rerental and not for rental as a service or repair replacement vehicle of Type 1 automobiles, as defined in s. 340.01 (4) (a); of mobile homes, as defined in s. 340.01 (29); of motor homes, as defined in s. 340.01 (33m); and of camping trailers, as defined in s. 340.01 (6m) by establishments primarily engaged in short-term rental of vehicles without drivers, for a period of 30 days or less, unless the sale is exempt from the sales tax under s. 77.54 (1), (4), (7) (a), (7m) or (9a).

AB969, s. 66 Section 66. 84.09 (4) of the statutes, as affected by 1999 Wisconsin Act 83, is amended to read:

AB969,24,6 84.09 (4) The cost of the lands and interests acquired and damages allowed pursuant to this section, expenses incidental thereto, expenses of the county highway committee incurred in performing duties under this section and the county highway committee's customary per diem, or a per diem not to exceed the lawful rate permitted for members of county boards if the highway committee members receive an annual salary, are paid out of the available improvement or maintenance funds. Members of a highway committee who receive an annual salary shall be entitled to the per diem paid, as compensation for their services, in addition to their annual salary fixed pursuant to s. 59.10 (3) (i).

Note: The underscored text was inserted by 1999 Wis. Act 83 without being shown as underscored. The change was intended.

AB969, s. 67 Section 67. 84.61 of the statutes is repealed.

Note: By its terms, this provision has no application after June 30, 1999.

AB969, s. 68 Section 68. 93.06 (1f) of the statutes is amended to read:

AB969,24,16 93.06 (1f) Animal health inspection and testing. Perform animal health inspections and tests and examine animal health documentation at the state fair, the world dairy expo, inc., the world beef expo, the midwest horse show fair and other livestock exhibitions held in this state and attended by participants from outside of this state, as specified by the department by rule. The department may charge a fee to the sponsor of the exhibition to cover the reasonable costs of the department's inspection and testing services whether or not the sponsor requests the services. This subsection does not apply to county fairs or other local livestock exhibitions.

Note: Corrects name.

AB969, s. 69 Section 69. 101.14 (4) (b) 3. of the statutes, as created by 1999 Wisconsin Act 43, is amended to read:

AB969,25,6 101.14 (4) (b) 3. The rules of the department shall require every residence hall and dormitory over 60 feet in height, the initial construction of which was begun before April 26, 2000, that is owned or operated by the board of regents of the University of Wisconsin System to contain an automatic fire sprinkler system on each floor by January 1, 2006. Notwithstanding par. (c) 1., the rules of the department shall further require every residence hall and dormitory , the initial construction of which is begun on or after April 26, 2000, that is owned or operated by the board of regents of the University of Wisconsin System to have an automatic fire sprinkler system installed on each floor at the time the residence hall or dormitory is constructed.

Note: Inserts commas to correct grammar.

AB969, s. 70 Section 70. 101.952 (5) of the statutes, as affected by 1999 Wisconsin Act 53, is amended to read:

AB969,25,13 101.952 (5) The provision of s. 218.01 (3) 218.0116 relating to the denial, suspension and revocation of a motor vehicle salesperson's license shall apply to the denial, suspension and revocation of a manufactured home salesperson's license so far as applicable, except that such provision does not apply to the denial, suspension or revocation of a license under s. 101.02 (21) (b).

Note: Section 218.01 (3) was renumbered to s. 218.0116 by 1999 Wis. Act 31.

AB969, s. 71 Section 71. 101.952 (6) of the statutes, as affected by 1999 Wisconsin Act 53, is amended to read:

AB969,25,18 101.952 (6) The provisions of s. 218.01 (3) (g) and (5) ss. 218.0116 (9) and 218.0152 shall apply to this section, manufactured home sales practices and the regulation of manufactured home salespersons, as far as applicable.

Note: Sections 218.01 (3) (g) and (5) were renumbered to ss. 218.0116 (9) and 218.0152 by 1999 Wis. Act 31.

AB969, s. 72 Section 72. 106.52 (10) (d) (title) of the statutes, as affected by 1999 Wisconsin Act 82, section 85, is renumbered 106.52 (4) (d) (title).

Note: 1999 Wis. Act 82 renumbered s. 106.04 (10) (d) (title) to be s. 106.52 (10) (d) (title). The remainder of s. 106.04 (10) was renumbered to s. 106.52 (4).

AB969, s. 73 Section 73. The treatment of 108.05 (3) (a) of the statutes by 1999 Wisconsin Act 15 is not repealed by 1999 Wisconsin Act 56. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 11-1-00, s. 108.05 (3) (a) reads:

(a) Except as provided in pars. (b) and (c), if an eligible employe earns wages in a given week, the first $30 of the wages shall be disregarded and the employe's applicable weekly benefit payment shall be reduced by 67% of the remaining amount, except that no such employe is eligible for benefits if the employe's benefit payment would be less than $5 for any week. For purposes of this paragraph, "wages" includes any salary reduction amounts earned that are not wages and that are deducted from the salary of a claimant by an employer pursuant to a salary reduction agreement under a cafeteria plan, within the meaning of 26 USC 125, and any amount that a claimant would have earned in available work which is treated as wages under s. 108.04 (1) (a), but excludes any amount that a claimant earns for services performed as a volunteer fire fighter, volunteer emergency medical technician or volunteer first responder. In applying this paragraph, the department shall disregard discrepancies of less than $2 between wages reported by employes and employers.

AB969, s. 74 Section 74. 110.10 (intro.) of the statutes, as created by 1999 Wisconsin Act .... (Senate Bill 125), is amended to read:

AB969,26,8 110.10 Ignition interlock device program. (intro.) The department shall promulgate rules providing for the implementation of an ignition interlock device program that will be conveniently available to persons throughout this state. The rules shall include provisions regarding all of the following:

Note: Inserts missing article.

AB969, s. 75 Section 75. 115.28 (24) of the statutes, as affected by 1999 Wisconsin Act 9, section 2040d, and 1999 Wisconsin Act 32, is amended to read:

AB969,26,17 115.28 (24) Priority in awarding grants. Give priority in awarding grants to local community organizations under sub. (21) and to school boards under ss. 115.36 and 115.361, and in awarding grants from federal funds received under 20 USC 2301 to 2471, 20 USC 4601 to 4665 and 29 USC 2862 (b) (1) (B), to programs that provide more than one of the educational services specified under s. 115.36, 115.361, 115.915, 118.01 (2) (d) 7. or 8. or 118.153 or 20 USC 2301 to 2471, 20 USC 4601 to 4665 or 29 USC 2862 (b) (1) (B).

Note: Section 115.28 (21) was repealed by 1999 Wis. Act 32.

AB969, s. 76 Section 76. The treatment of 118.30 (2) (b) 1. of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 32. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 118.30 (2) (b) 1. reads:

1. If a pupil is enrolled in a special education program under subch. V of ch. 115, the school board or operator of the charter school under s. 118.40 (2r) shall comply with s. 115.77 (1m) (bg).

AB969, s. 77 Section 77. The treatment of 119.04 (1) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act 73. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 119.04 (1) reads:

(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), (35) and (37) and 120.14 are applicable to a 1st class city school district and board.

AB969, s. 78 Section 78 . The treatment of 119.04 (1) of the statutes by 1999 Wisconsin Acts 9 and 73 is not repealed by 1999 Wisconsin Act .... (Senate Bill 710). All treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, effective 1-1-01, s. 119.04 (1) reads:

(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), (35) and (37), 120.14 and 120.25 are applicable to a 1st class city school district and board.

AB969, s. 79 Section 79. 119.25 (2) (d) 6. of the statutes, as created by 1999 Wisconsin Act .... (Assembly Bill 447), is amended to read:

AB969,28,12 119.25 (2) (d) 6. Within 5 school days after the revocation of a pupil's early reinstatement under subd. 4., the pupil or, if the pupil is a minor, the pupil's parent or guardian may request a conference with the superintendent of schools or his or her designee, who shall be someone other than a principal, administrator or teacher in the pupil's school. If a conference is requested, it shall be held within 5 school days following the request. If, after the conference, the superintendent of schools or his or her designee finds that the pupil did not violate an early reinstatement condition or that the revocation was inappropriate, the pupil shall be reinstated to school under the same reinstatement conditions as in the expulsion order and the early reinstatement revocation shall be expunged from the pupil's record. If the superintendent of schools or his or her designee finds that the pupil violated an early reinstatement condition and that the revocation was appropriate, he or she shall mail separate copies of the decision to the pupil and, if the pupil is a minor, to the pupil's parent or guardian. The decision of the superintendent of schools or his or her designee is final.

Note: Inserts missing pronoun consistent with the remainder of the subdivision.

AB969, s. 80 Section 80. 120.13 (1) (b) 2m. of the statutes, as affected by 1999 Wisconsin Acts 9 and 83, is amended to read:

AB969,28,17 120.13 (1) (b) 2m. In subdivision 2. c. and d., conduct that endangers a person or property includes making a threat to the health or safety of a person or making a threat to damage a property.

Note: The underscored language was inserted by 1999 Wis. Act 83 without being shown as underscored. The change was intended.

AB969, s. 81 Section 81. The treatment of 120.13 (2) (g) of the statutes by 1999 Wisconsin Act 9 is not repealed by 1999 Wisconsin Act .... (Senate Bill 136). Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 120.13 (2) (g) reads: