AB513: Bill Text

AB513, s. 94 Section 94. The treatment of 946.15 of the statutes by 1999 Wisconsin Act 150 is not repealed by 1999 Wisconsin Act 167. Both treatments stand.

Note: There is no conflict of substance. As merged by the Revisor, s. 946.15 reads:

946.15 Public construction contracts at less than full rate. (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. 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. 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.

(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. 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. 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.

(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. 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.

(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. 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.

AB513, s. 95 Section 95. 946.66 (1) (a) of the statutes is amended to read:

AB513,35,3 946.66 (1) (a) "Complaint" means a complaint that is filed as part of a procedure established under s. 66.312 66.0511 (3).

Note: Inserts the correct cross-reference. Section 66.312 was renumbered to s. 66.0511 by 1999 Wis. Act 150.

AB513, s. 96 Section 96. 1999 Wisconsin Act 150, section 4 is amended by replacing "66.0495 30.15 (5m)" with "66.0495 30.13 (5m)".

Note: 1999 Wis. Act 150 renumbered s. 66.0495 to s. 30.13 (5m). The cross-reference to s. 30.16 (2) was incorrectly amended to s. 30.15 (5m) in Act 150, s. 4, but was correctly amended to s. 30.13 (5m) by Act 150, s. 672.

AB513, s. 97 Section 97. 1999 Wisconsin Act 150, section 5 is amended by replacing "66.0495 30.15 (5m)" with "66.0495 30.13 (5m)".

Note: 1999 Wis. Act 150 renumbered s. 66.0495 to s. 30.13 (5m). The cross-reference to s. 66.0495 in s. 30.772 (3) (f) was incorrectly amended to s. 30.15 (5m) in Act 150, s. 4, but was correctly amended to s. 30.13 (5m) by Act 150, s. 672.

AB513, s. 98 Section 98. 1999 Wisconsin Act 150, section 40 is amended by replacing "66.0211 (title) Referendum Incorporation referendum procedure." with "66.0211 (title) Referendum Incorporation referendum procedure.".

Note: 1999 Wis. Act 150 showed "procedure" as underscored, but it was previously existing. No change was intended.

AB513, s. 99 Section 99. 1999 Wisconsin Act 150, section 374 is amended by replacing "66.076 (1) 66.0821 (2) (a) 1." with "66.076 (1) 66.0821 (2) (a) 1.".

Note: 1999 Wis. Act 150 showed "(a)" as underscored, but it was previously existing. No change was intended.

AB513, s. 100 Section 100. 1999 Wisconsin Act 150, section 444 is amended by replacing "therewith with the security;" with "therewith, with the security;".

Note: 1999 Wis. Act 150 deleted the comma without showing it as stricken. The change was intended.

AB513, s. 101 Section 101. 1999 Wisconsin Act 150, section 446 is amended by replacing "After this direction, no new" with "After this direction, no new".

Note: 1999 Wis. Act 150 showed "no" as underscored, but it was previously existing. No change was intended.

AB513, s. 102 Section 102. 1999 Wisconsin Act 150, section 472 is amended by replacing "5. Payment as provided under s. 66.54 66.0713 (2) (c), (d) (e) and (4) or 67.16;" with "5. Payment as provided under s. 66.54 66.0713 (2) (c), (d) and (4) or (e) 67.16;".

Note: 1999 Wis. Act 150 showed the stricken "(e)" in the wrong location.

AB513, s. 103 Section 103. 1999 Wisconsin Act 150, section 483 is amended by replacing "(7) (a) Organization of boards; officers; compensation; oaths; bonds." with "(7) Organization of boards; officers; compensation; oaths; bonds. (a)".

Note: 1999 Wis. Act 150 showed "(a)" in the wrong location.

AB513, s. 104 Section 104. 1999 Wisconsin Act 150, section 496 is amended by replacing "66.521 (6m) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.1103 (6m) and amended to read:" with "66.521 (6m) of the statutes, as affected by 1999 Wisconsin Act 9, is renumbered 66.1103 (6m).".

Note: 1999 Wis. Act 150, s. 496, renumbered s. 66.521 (6m), but did not amend it.

AB513, s. 105 Section 105. 1999 Wisconsin Act 150, section 606 is amended by replacing "66.1021 (1) (a)" with "66.1021 (1)".

Note: Inserts the correct statute citation. 1999 Wis. Act 150, s. 606, renumbered s. 66.943 (1) to s. 66.1021 (1). There was no s. 66.943 (1) (a) and is no s. 66.1021 (1) (a).

AB513, s. 106 Section 106. 1999 Wisconsin Act 150, section 666 is amended by replacing "66.0495 (1) (b) 30.15 (5m) (a) 2." with "66.0495 (1) (b) 30.13 (5m) (a) 2.".

Note: 1999 Wis. Act 150 renumbered s. 66.0495 to s. 30.13 (5m). The cross-reference to s. 66.0495 in s. 823.215 was incorrectly amended to s. 30.15 (5m) (a) 2. in Act 150, s. 666, and was incorrectly amended to s. 30.13 (5) (a) 2. by Act 150, s. 672. The correct cross-reference is indicated in the published volumes.

AB513, s. 107 Section 107. 1999 Wisconsin Act 150, section 669 is amended by replacing "66.0495 (3) 30.15 (5m) (c)" with "66.0495 (3) 30.13 (5m) (c)" and by replacing "66.0495 (1) 30.15 (5m) (a)" with "66.0495 (1) 30.13 (5m) (a)".

Note: 1999 Wis. Act 150 renumbered s. 66.0495 to s. 30.13 (5m). The cross-references to s. 66.0495 (3) and (1) in s. 893.765 were incorrectly amended to s. 30.15 (5m) (c) and (a) in Act 150, s. 669, and were incorrectly amended to s. 30.13 (5) (c) and (a) by Act 150, s. 672. The correct cross-reference is indicated in the published volumes.

AB513, s. 108 Section 108. 1999 Wisconsin Act 150, section 672 is amended to read:

AB513,37,16 [1999 Wisconsin Act 150] Section 672. Cross-reference changes. In the sections of the statutes listed in Column A, the cross-references shown in Column B are changed to the cross-references shown in column C: - See PDF for table

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