AB42: Bill Text Engrossed

AB42-engrossed, s. 8 Section 8. 227.01 (13) (t) of the statutes is amended to read:

AB42-engrossed,7,5 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. s. 20.924 (1) (i), 66.0903, 103.49, 103.50 and, or 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. s. 20.924 (1) (i), 66.0903, 103.49, 103.50 and, or 229.8275 is subject to judicial review under s. 227.40.

AB42-engrossed, s. 8m Section 8m. 301.19 of the statutes is created to read:

AB42-engrossed,7,8 301.19 Construction of correctional facilities by private persons. (1) In this section:

AB42-engrossed,7,11 (a) "Authorized jurisdiction" means a county, two counties acting under s. 302.44 (1), the United States, or a federally recognized American Indian tribe or band in this state.

AB42-engrossed,7,15 (b) "Correctional facility" means a building, structure, or facility or portion thereof to be used to confine persons serving a sentence of imprisonment to the Wisconsin state prisons under ch. 973 or to confine juveniles alleged or found to be delinquent.

AB42-engrossed,7,19 (2) No person may commence construction of a correctional facility or commence the conversion of an existing building, structure, or facility into a correctional facility unless the building, structure, or facility is enumerated in the authorized state building program.

AB42-engrossed,7,20 (3) Subsection (2) does not apply to any of the following:

AB42-engrossed,7,22 (a) A building, structure, or facility that is constructed or converted under a contract with and for use by an authorized jurisdiction.

AB42-engrossed,7,25 (c) A building, structure, or facility the construction of which was completed before January 1, 2001, if the building, structure, or facility was designed to confine persons convicted of criminal offenses.

AB42-engrossed, s. 9 Section 9. 301.235 (2) (dm) of the statutes is created to read:

AB42-engrossed,8,5 301.235 (2) (dm) The department may not lease any building or any portion of a building under this section unless the construction of the building or its conversion into a correctional facility began before October 1, 1999, or unless all of the following apply:

AB42-engrossed,8,8 1. The lessor has met the requirements of s. 20.924 (1) (i) that would apply if the building or the portion of the building were being leased by the building commission.

AB42-engrossed,8,10 2. The building was enumerated in the authorized state building program before the construction or conversion began.

AB42-engrossed, s. 10 Section 10. 302.01 of the statutes is amended to read:

AB42-engrossed,9,8 302.01 State prisons named and defined. The penitentiary at Waupun is named "Waupun Correctional Institution". The correctional treatment center at Waupun is named "Dodge Correctional Institution". The penitentiary at Green Bay is named "Green Bay Correctional Institution". The medium/maximum penitentiary at Portage is named "Columbia Correctional Institution". The medium security institution at Oshkosh is named "Oshkosh Correctional Institution". The medium security penitentiary near Fox Lake is named "Fox Lake Correctional Institution". The penitentiary at Taycheedah is named "Taycheedah Correctional Institution". The medium security penitentiary at Plymouth is named "Kettle Moraine Correctional Institution". The penitentiary at the village of Sturtevant in Racine County is named "Racine Correctional Institution". The medium security penitentiary at Racine is named "Racine Youthful Offender Correctional Facility". The resource facility at Oshkosh is named "Wisconsin Resource Center". The penitentiary near Stanley is named "Stanley Correctional Institution". The institutions named in this section, the correctional institutions authorized under s. 301.16 (1n) and (1v), 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, correctional facilities leased and operated by the department under s. 13.48 (27), the probation and parole holding facilities authorized under s. 301.16 (1q) and state-local shared correctional facilities when established under s. 301.14, are state prisons.

AB42-engrossed, s. 10g Section 10g. 302.34 of the statutes is amended to read:

AB42-engrossed,9,15 302.34 Use of jail of another county. Courts, judges, and officers of any county having no jail and no cooperative agreement under s. 302.44 (1) may sentence, commit, or deliver any person to the jail of any other county as if that jail existed in their own county. The sheriff of the other county shall receive and keep the prisoner in all respects as if committed from his or her county. The cost of the keep shall be paid by the county from which the prisoner was sentenced, committed , or delivered.

AB42-engrossed, s. 10k Section 10k. 302.44 of the statutes is renumbered 302.44 (1) and amended to read:

AB42-engrossed,9,25 302.44 (1) Two or more Subject to sub. (2), two counties may agree under s. 66.0301 for the cooperative establishment and use of the jails and rehabilitation facilities of any of them for the detention or imprisonment of prisoners before, during and after trial and for sharing the expense without reference to s. 302.34. The sheriffs of the counties shall lodge prisoners in any jail or rehabilitation facility authorized by the agreement and shall endorse the commitment, if any, under s. 302.35 in case detention or imprisonment is in the jail or rehabilitation facility of another county. Only jails and rehabilitation facilities approved by the department for the detention of prisoners may be used under the agreement. The sheriff of the county of arrest shall transport the prisoner to and from court and to any other institution whenever necessary.

AB42-engrossed, s. 10n Section 10n. 302.44 (2) of the statutes is created to read:

AB42-engrossed,10,6 302.44 (2) No more than two counties may enter into an agreement for the establishment or use of a single jail or rehabilitation facility under sub. (1).

AB42-engrossed, s. 11 Section 11. 946.15 (1) of the statutes is amended to read:

AB42-engrossed,10,22 946.15 (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 20.924 (1) (i), 66.0903 (3), 103.49 (3), 103.50 (3) or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) to give up, waive or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 20.924 (1) (i), 66.0903 (3) or (6), 103.49 (3), 103.50 (3) or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class E felony.

AB42-engrossed, s. 12 Section 12. 946.15 (2) of the statutes is amended to read:

AB42-engrossed,11,13 946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 20.924 (1) (i), 66.0903 (3), 103.49 (3), 103.50 (3) or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 20.924 (1) (i), 66.0903 (3) or (6), 103.49 (3), 103.50 (3) or 229.8275 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB42-engrossed, s. 13 Section 13. 946.15 (3) of the statutes is amended to read:

AB42-engrossed,11,24 946.15 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 20.924 (1) (i), 66.0903 (3), 103.49 (3), 103.50 (3) or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class E felony, 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.

AB42-engrossed, s. 14 Section 14. 946.15 (4) of the statutes is amended to read:

AB42-engrossed,12,9 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 20.924 (1) (i), 66.0903 (3), 103.49 (3), 103.50 (3) or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, 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.

AB42-engrossed, s. 14m Section 14m. 973.03 (1) of the statutes is amended to read:

AB42-engrossed,12,15 973.03 (1) If at the time of passing sentence upon a defendant who is to be imprisoned in a county jail there is no jail in the county suitable for the defendant and no cooperative agreement under s. 302.44 (1), the court may sentence the defendant to any suitable county jail in the state. The expenses of supporting the defendant there shall be borne by the county in which the crime was committed.

AB42-engrossed, s. 15 Section 15. Effective date.

AB42-engrossed,12,18 (1) This act takes effect on the day after publication of the 2001-03 biennial budget act.

AB42-engrossed,12,19 (End)