AB42-engrossed, s. 8 25Section 8. 227.01 (13) (t) of the statutes is amended to read:
AB42-engrossed,7,5
1227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. s.
220.924 (1) (i),
66.0903, 103.49, 103.50 and, or 229.8275, except that any action or
3inaction which ascertains and determines prevailing wage rates under ss. s. 20.924
4(1) (i),
66.0903, 103.49, 103.50 and, or 229.8275 is subject to judicial review under s.
5227.40.
AB42-engrossed, s. 8m 6Section 8m. 301.19 of the statutes is created to read:
AB42-engrossed,7,8 7301.19 Construction of correctional facilities by private persons. (1)
8In this section:
AB42-engrossed,7,119 (a) "Authorized jurisdiction" means a county, two counties acting under s.
10302.44 (1), the United States, or a federally recognized American Indian tribe or band
11in this state.
AB42-engrossed,7,1512 (b) "Correctional facility" means a building, structure, or facility or portion
13thereof to be used to confine persons serving a sentence of imprisonment to the
14Wisconsin state prisons under ch. 973 or to confine juveniles alleged or found to be
15delinquent.
AB42-engrossed,7,19 16(2) No person may commence construction of a correctional facility or
17commence the conversion of an existing building, structure, or facility into a
18correctional facility unless the building, structure, or facility is enumerated in the
19authorized state building program.
AB42-engrossed,7,20 20(3) Subsection (2) does not apply to any of the following:
AB42-engrossed,7,2221 (a) A building, structure, or facility that is constructed or converted under a
22contract with and for use by an authorized jurisdiction.
AB42-engrossed,7,2523 (c) A building, structure, or facility the construction of which was completed
24before January 1, 2001, if the building, structure, or facility was designed to confine
25persons convicted of criminal offenses.
AB42-engrossed, s. 9
1Section 9. 301.235 (2) (dm) of the statutes is created to read:
AB42-engrossed,8,52 301.235 (2) (dm) The department may not lease any building or any portion of
3a building under this section unless the construction of the building or its conversion
4into a correctional facility began before October 1, 1999, or unless all of the following
5apply:
AB42-engrossed,8,86 1. The lessor has met the requirements of s. 20.924 (1) (i) that would apply if
7the building or the portion of the building were being leased by the building
8commission.
AB42-engrossed,8,109 2. The building was enumerated in the authorized state building program
10before the construction or conversion began.
AB42-engrossed, s. 10 11Section 10. 302.01 of the statutes is amended to read:
AB42-engrossed,9,8 12302.01 State prisons named and defined. The penitentiary at Waupun is
13named "Waupun Correctional Institution". The correctional treatment center at
14Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay
15is named "Green Bay Correctional Institution". The medium/maximum penitentiary
16at Portage is named "Columbia Correctional Institution". The medium security
17institution at Oshkosh is named "Oshkosh Correctional Institution". The medium
18security penitentiary near Fox Lake is named "Fox Lake Correctional Institution".
19The penitentiary at Taycheedah is named "Taycheedah Correctional Institution".
20The medium security penitentiary at Plymouth is named "Kettle Moraine
21Correctional Institution". The penitentiary at the village of Sturtevant in Racine
22County is named "Racine Correctional Institution". The medium security
23penitentiary at Racine is named "Racine Youthful Offender Correctional Facility".
24The resource facility at Oshkosh is named "Wisconsin Resource Center". The
25penitentiary near Stanley is named "Stanley Correctional Institution".
The

1institutions named in this section, the correctional institutions authorized under s.
2301.16 (1n) and (1v), correctional institution authorized under 1997 Wisconsin Act
34
, section 4 (1) (a), correctional institution authorized under s. 301.046 (1),
4correctional institution authorized under s. 301.048 (4) (b), minimum security
5correctional institutions authorized under s. 301.13, correctional facilities leased
6and operated by the department under s. 13.48 (27)
, the probation and parole holding
7facilities authorized under s. 301.16 (1q) and state-local shared correctional
8facilities when established under s. 301.14, are state prisons.
AB42-engrossed, s. 10g 9Section 10g. 302.34 of the statutes is amended to read:
AB42-engrossed,9,15 10302.34 Use of jail of another county. Courts, judges, and officers of any
11county having no jail and no cooperative agreement under s. 302.44 (1) may sentence,
12commit, or deliver any person to the jail of any other county as if that jail existed in
13their own county. The sheriff of the other county shall receive and keep the prisoner
14in all respects as if committed from his or her county. The cost of the keep shall be
15paid by the county from which the prisoner was sentenced, committed , or delivered.
AB42-engrossed, s. 10k 16Section 10k. 302.44 of the statutes is renumbered 302.44 (1) and amended to
17read:
AB42-engrossed,9,2518 302.44 (1) Two or more Subject to sub. (2), two counties may agree under s.
1966.0301 for the cooperative establishment and use of the jails and rehabilitation
20facilities of any of them for the detention or imprisonment of prisoners before, during
21and after trial and for sharing the expense without reference to s. 302.34. The
22sheriffs of the counties shall lodge prisoners in any jail or rehabilitation facility
23authorized by the agreement and shall endorse the commitment, if any, under s.
24302.35 in case detention or imprisonment is in the jail or rehabilitation facility of
25another county. Only jails and rehabilitation facilities approved by the department

1for the detention of prisoners may be used under the agreement. The sheriff of the
2county of arrest shall transport the prisoner to and from court and to any other
3institution whenever necessary.
AB42-engrossed, s. 10n 4Section 10n. 302.44 (2) of the statutes is created to read:
AB42-engrossed,10,65 302.44 (2) No more than two counties may enter into an agreement for the
6establishment or use of a single jail or rehabilitation facility under sub. (1).
AB42-engrossed, s. 11 7Section 11. 946.15 (1) of the statutes is amended to read:
AB42-engrossed,10,228 946.15 (1) Any employer, or any agent or employee of an employer, who induces
9any person who seeks to be or is employed pursuant to a public contract as defined
10in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing
11wage rate determination has been issued by the department of workforce
12development under s. 20.924 (1) (i), 66.0903 (3), 103.49 (3), 103.50 (3) or 229.8275 (3)
13or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6)
14to give up, waive or return any part of the compensation to which that person is
15entitled under his or her contract of employment or under the prevailing wage rate
16determination issued by the department or local governmental unit, or who reduces
17the hourly basic rate of pay normally paid to an employee for work on a project on
18which a prevailing wage rate determination has not been issued under s. 20.924 (1)
19(i),
66.0903 (3) or (6), 103.49 (3), 103.50 (3) or 229.8275 (3) during a week in which
20the employee works both on a project on which a prevailing wage rate determination
21has been issued and on a project on which a prevailing wage rate determination has
22not been issued, is guilty of a Class E felony.
AB42-engrossed, s. 12 23Section 12. 946.15 (2) of the statutes is amended to read:
AB42-engrossed,11,1324 946.15 (2) Any person employed pursuant to a public contract as defined in s.
2566.0901 (1) (c) or employed on a project on which a prevailing wage rate

1determination has been issued by the department of workforce development under
2s. 20.924 (1) (i), 66.0903 (3), 103.49 (3), 103.50 (3) or 229.8275 (3) or by a local
3governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) who gives up,
4waives or returns to the employer or agent of the employer any part of the
5compensation to which the employee is entitled under his or her contract of
6employment or under the prevailing wage determination issued by the department
7or local governmental unit, or who gives up any part of the compensation to which
8he or she is normally entitled for work on a project on which a prevailing wage rate
9determination has not been issued under s. 20.924 (1) (i), 66.0903 (3) or (6), 103.49
10(3), 103.50 (3) or 229.8275 (3) during a week in which the person works part-time on
11a project on which a prevailing wage rate determination has been issued and
12part-time on a project on which a prevailing wage rate determination has not been
13issued, is guilty of a Class C misdemeanor.
AB42-engrossed, s. 13 14Section 13. 946.15 (3) of the statutes is amended to read:
AB42-engrossed,11,2415 946.15 (3) Any employer or labor organization, or any agent or employee of an
16employer or labor organization, who induces any person who seeks to be or is
17employed on a project on which a prevailing wage rate determination has been issued
18by the department of workforce development under s. 20.924 (1) (i), 66.0903 (3),
19103.49 (3), 103.50 (3) or 229.8275 (3) or by a local governmental unit, as defined in
20s. 66.0903 (1) (d), under s. 66.0903 (6) to permit any part of the wages to which that
21person is entitled under the prevailing wage rate determination issued by the
22department or local governmental unit to be deducted from the person's pay is guilty
23of a Class E felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6
24from a person who is working on a project that is subject to 40 USC 276c.
AB42-engrossed, s. 14 25Section 14. 946.15 (4) of the statutes is amended to read:
AB42-engrossed,12,9
1946.15 (4) Any person employed on a project on which a prevailing wage rate
2determination has been issued by the department of workforce development under
3s. 20.924 (1) (i), 66.0903 (3), 103.49 (3), 103.50 (3) or 229.8275 (3) or by a local
4governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) who permits
5any part of the wages to which that person is entitled under the prevailing wage rate
6determination issued by the department or local governmental unit to be deducted
7from his or her pay is guilty of a Class C misdemeanor, unless the deduction would
8be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that
9is subject to 40 USC 276c.
AB42-engrossed, s. 14m 10Section 14m. 973.03 (1) of the statutes is amended to read:
AB42-engrossed,12,1511 973.03 (1) If at the time of passing sentence upon a defendant who is to be
12imprisoned in a county jail there is no jail in the county suitable for the defendant
13and no cooperative agreement under s. 302.44 (1), the court may sentence the
14defendant to any suitable county jail in the state. The expenses of supporting the
15defendant there shall be borne by the county in which the crime was committed.
AB42-engrossed, s. 15 16Section 15. Effective date.
AB42-engrossed,12,1817 (1) This act takes effect on the day after publication of the 2001-03 biennial
18budget act.
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