Amendment SSA1-AB68

AB68-SSA1,629,4 3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any employee for and on behalf of that employee and other employees similarly situated may commence an action to recover that liability in any court of competent jurisdiction. If the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.

AB68-SSA1,629,9 5. No employee may be a party plaintiff to an action under subd. 3. unless the employee 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.

AB68-SSA1,629,13 (b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor, or contractor's or subcontractor's agent 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 violation continues is a separate offense.

AB68-SSA1,629,22 2. Whoever induces any individual who seeks to be or is employed on any project of public works 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 the project, or who reduces the hourly basic rate of pay normally paid to an individual for work on a project that is not subject to this section during a week in which the individual works both on a project of public works 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).

AB68-SSA1,630,7 3. Any individual employed on a project of public works that is subject to this section who knowingly allows a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing 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 individual works both on a project of public works 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).

AB68-SSA1,630,13 4. Whoever induces any individual who seeks to be or is employed on any project of public works that is subject to this section to allow any part of the wages to which the individual is entitled under the contract governing 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 allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB68-SSA1,630,19 5. Any individual who is employed on a project of public works that is subject to this section who knowingly allows any part of the wages to which he or she is entitled under the contract governing 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 allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB68-SSA1,630,22 6. Subdivision 1. does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) (am) or (ar).

AB68-SSA1,631,10 (12) Debarment. (a) Except as provided under pars. (b) and (c), the department shall notify any local governmental unit applying for a determination under sub. (3) of the names of all persons that 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.

AB68-SSA1,631,16 (b) The department may not include in a notification under par. (a) the name of any person on the basis of having subcontracted a contract for a project of public works to a person that 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.

AB68-SSA1,631,20 (c) This subsection does not apply to any contractor, subcontractor, or agent who in good faith commits a minor violation of this section, as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or who has not exhausted or waived all appeals.

AB68-SSA1,632,5 (d) Any person submitting a bid or negotiating a contract on a project of public works 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 percent 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.

AB68-SSA1,632,6 (e) The department shall promulgate rules to administer this subsection.

AB68-SSA1,1206 Section 1206. 66.1001 (2g) of the statutes is created to read:

AB68-SSA1,632,11 66.1001 (2g) Consideration of climate change. In preparing or updating a comprehensive plan, a local governmental unit shall consider, to the extent practicable, the effects of climate change with regard to each of the elements under sub. (2).

AB68-SSA1,1207 Section 1207 . 66.10012 of the statutes is created to read:

AB68-SSA1,632,13 66.10012 Workforce housing. (1) Definitions. In this section:

AB68-SSA1,632,16 (a) “Housing agency” means the Wisconsin Housing and Economic Development Authority, the Wisconsin Economic Development Corporation, or the department of administration.

AB68-SSA1,632,18 (b) “Housing grant” means any grant administered by a housing agency that relates to housing.

AB68-SSA1,632,19 (c) “Political subdivision” means any city, village, town, or county.

AB68-SSA1,632,23 (d) “Workforce housing” means housing to which all of the following apply, as adjusted for family size and the county in which the household is located, based on the county's 5-year average median income and housing costs as calculated by the U.S. bureau of the census in its American community survey:

AB68-SSA1,632,25 1. The housing costs a household no more than 30 percent of the household's gross median income.

AB68-SSA1,633,3 2. The residential units are for initial occupancy by individuals whose household median income is no more than 120 percent of the county's gross median income.

AB68-SSA1,633,6 (2) Housing initiatives. (a) Subject to par. (b), to implement a workforce housing initiative, a political subdivision may enact an ordinance, adopt a resolution, or put into effect a policy to accomplish any of the following:

AB68-SSA1,633,8 1. Reduce by at least 10 percent the processing time for all permits related to workforce housing.

AB68-SSA1,633,10 2. Reduce by at least 10 percent the cost of impact fees that a political subdivision may impose on developments that include workforce housing units.

AB68-SSA1,633,12 3. Reduce by at least 10 percent the parking requirements for developments that include workforce housing units.

AB68-SSA1,633,14 4. Increase by at least 10 percent the allowable zoning density for developments that include workforce housing units.

AB68-SSA1,633,16 5. Establish a mixed-use tax incremental financing district with at least 20 percent of the housing units to be used for workforce housing.

AB68-SSA1,633,18 6. Demonstrate compliance with a housing affordability report under s. 66.10013.

AB68-SSA1,633,20 7. Rehabilitate at least 5 dwelling units of existing, uninhabitable housing stock into habitable workforce housing.

AB68-SSA1,633,23 8. Modify existing zoning ordinances to allow for the development of workforce housing in areas zoned for commercial or mixed-use development, or in areas near employment centers or major transit corridors.

AB68-SSA1,633,24 9. Extend the life of a tax incremental district under s. 66.1105 (6) (g) 1.

AB68-SSA1,634,2 10. Reduce by at least 10 percent the cost of roads for developments that include workforce housing units.

AB68-SSA1,634,4 11. Implement any other initiative to address the workforce housing needs of the political subdivision.

AB68-SSA1,634,9 (b) After a political subdivision completes one of the actions specified in par. (a), the initiative shall be considered in effect once the political subdivision submits to the department of administration a written explanation of how the action complies with the workforce housing initiative and posts the explanation on the political subdivision's Internet site.

AB68-SSA1,634,16 (c) Once a political subdivision's action takes effect under par. (b), its workforce housing initiative remains in effect for 5 years. A political subdivision may put into effect more than one of the workforce housing initiatives under par. (a). After June 30, 2021, if a political subdivision has in effect at the same time at least 3 of the workforce housing initiatives under par. (a), a housing agency shall give priority to housing grant applications from, or that relate to a project in, the political subdivision.

AB68-SSA1,1208 Section 1208. 66.1010 of the statutes is repealed.

AB68-SSA1,1209 Section 1209 . 66.1011 (1) of the statutes is amended to read:

AB68-SSA1,635,6 66.1011 (1) Declaration of policy. The right of all persons to have equal opportunities for housing regardless of their sex, race, color, 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), status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), status as a holder or nonholder of a license under s. 343.03 (3r), 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 that prohibit discrimination in any type of housing solely on the basis of an individual being a member of a protected class.

AB68-SSA1,1210 Section 1210 . 66.1105 (2) (ab) of the statutes is renumbered 66.1105 (2) (n) (intro.) and amended to read:

AB68-SSA1,635,14 66.1105 (2) (n) (intro.) “Affordable Workforce housing" means housing that costs a household no more than 30 percent of the household's gross monthly income. to which all of the following apply, as adjusted for family size and the county in which the household is located, based on the county's 5-year average median income and housing costs as calculated by the U.S. bureau of the census in its American community survey:

AB68-SSA1,1211 Section 1211 . 66.1105 (2) (cm) of the statutes is renumbered 66.1105 (2) (cm) (intro.) and amended to read:

AB68-SSA1,635,20 66.1105 (2) (cm) (intro.) “Mixed-use development" means development that contains a combination of industrial, commercial, or residential uses, except that lands proposed for newly platted residential use, as shown in the project plan, may not exceed 35 either of the following:

AB68-SSA1,635,21 1. Thirty-five percent, by area, of the real property within the district.

AB68-SSA1,1212 Section 1212 . 66.1105 (2) (cm) 2. of the statutes is created to read:

AB68-SSA1,635,25 66.1105 (2) (cm) 2. Sixty percent, by area, of the real property within the district, if the newly platted residential use that exceeds 35 percent is used solely for workforce housing.

AB68-SSA1,1213 Section 1213. 66.1105 (2) (n) 1. of the statutes is created to read:

AB68-SSA1,636,3 66.1105 (2) (n) 1. The housing costs a household no more than 30 percent of the household's gross median income.

AB68-SSA1,1214 Section 1214 . 66.1105 (2) (n) 2. of the statutes is created to read:

AB68-SSA1,636,7 66.1105 (2) (n) 2. The residential units are for initial occupancy by individuals whose household median income is no more than 120 percent of the county's gross median income.

AB68-SSA1,1215 Section 1215. 66.1105 (6) (am) 2. n. of the statutes is created to read:

AB68-SSA1,636,11 66.1105 (6) (am) 2. n. Expenditures for project costs for Tax Incremental District Number 2 in the city of Wisconsin Dells. Such expenditures may be made through November 2026.

AB68-SSA1,1216 Section 1216. 66.1105 (6) (am) 2. o. of the statutes is created to read:

AB68-SSA1,636,15 66.1105 (6) (am) 2. o. Expenditures for project costs for Tax Incremental District Number 3 in the city of Wisconsin Dells. Such expenditures may be made through May 2040.

AB68-SSA1,1217 Section 1217 . 66.1105 (6) (g) 1. (intro.) of the statutes is amended to read:

AB68-SSA1,636,21 66.1105 (6) (g) 1. (intro.) After the date on which a tax incremental district created by a city pays off the aggregate of all of its project costs, and notwithstanding the time at which such a district would otherwise be required to terminate under sub. (7), a city may extend the life of the district for one year 3 years if the city does all of the following:

AB68-SSA1,1218 Section 1218 . 66.1105 (6) (g) 1. a. of the statutes is amended to read:

AB68-SSA1,637,2 66.1105 (6) (g) 1. a. The city adopts a resolution extending the life of the district for a specified number of months. The resolution shall specify how the city intends to improve its increase the number of affordable and workforce housing stock units, as required in subd. 3.

AB68-SSA1,1219 Section 1219 . 66.1105 (6) (g) 3. of the statutes is amended to read:

AB68-SSA1,637,8 66.1105 (6) (g) 3. If a city receives tax increments as described in subd. 2., the city shall use at least 75 percent of the increments received to benefit affordable housing in the city. The remaining portion of the increments shall be used by the city to improve the city's increase the number of the city's affordable and workforce housing stock units.

AB68-SSA1,1220 Section 1220 . 66.1201 (2m) of the statutes is amended to read:

AB68-SSA1,637,15 66.1201 (2m) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under ss. 66.1201 to 66.1211 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin status as a holder or nonholder of a license under s. 343.03 (3r).

AB68-SSA1,1221 Section 1221 . 66.1213 (3) of the statutes is amended to read:

AB68-SSA1,637,22 66.1213 (3) Discrimination. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin status as a holder or nonholder of a license under s. 343.03 (3r).

AB68-SSA1,1222 Section 1222 . 66.1301 (2m) of the statutes is amended to read:

AB68-SSA1,638,4 66.1301 (2m) Discrimination. Persons entitled to any right, benefit, facility, or privilege under ss. 66.1301 to 66.1329 may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin status as a holder or nonholder of a license under s. 343.03 (3r).

AB68-SSA1,1223 Section 1223. 66.1305 (1) (h) of the statutes is amended to read:

AB68-SSA1,638,12 66.1305 (1) (h) Dissolve without obtaining the approval of the local governing body, which may be given upon conditions deemed necessary or appropriate to the protection of the interest of the city in the proceeds of the sale of the real property as to any property or work turned into the development by the city. The approval shall be endorsed on the certificate of dissolution and the certificate may not be filed in the office of the secretary of state administration in the absence of the endorsement.

AB68-SSA1,1224 Section 1224 . 66.1333 (3) (e) 2. of the statutes is amended to read:

AB68-SSA1,638,19 66.1333 (3) (e) 2. Persons otherwise entitled to any right, benefit, facility, or privilege under this section may not be denied the right, benefit, facility, or privilege in any manner for any purpose nor be discriminated against because of sex, race, color, creed, national origin, sexual orientation, status as a victim of domestic abuse, sexual assault, or stalking, as defined in s. 106.50 (1m) (u), or national origin status as a holder or nonholder of a license under s. 343.03 (3r).

AB68-SSA1,1225 Section 1225 . 67.04 (5) (b) 5. of the statutes is created to read:

AB68-SSA1,638,23 67.04 (5) (b) 5. To replace revenue lost due to a disaster or public health emergency declared by the governor under s. 323.10 or by the county board under s. 323.11.

AB68-SSA1,1226 Section 1226 . 67.045 (1) (i) of the statutes is created to read:

AB68-SSA1,639,9 67.045 (1) (i) The county board adopts a resolution stating that the debt is issued to replace revenue lost due to a disaster or public health emergency declared by the governor under s. 323.10 or by the county board under s. 323.11. The resolution shall specify the amount of revenue lost, or expected to be lost, due to effects related to the disaster or public health emergency, and a certified copy of the resolution shall be sent to the department of administration. The county may not issue the debt in an amount that exceeds the amount specified by the department of administration under sub. (2) (c), and the debt may not be for a term that exceeds 10 years.

AB68-SSA1,1227 Section 1227 . 67.045 (2) (c) of the statutes is created to read:

AB68-SSA1,639,15 67.045 (2) (c) 1. Following receipt of a certified resolution under sub. (1) (i), the department of administration shall determine, based on the resolution and all other available information, the appropriate amount of bonding that a county may issue pursuant to sub. (1) (i). The department shall notify the county of its determination as soon as practicable.

AB68-SSA1,639,17 2. The department of administration shall promulgate any administrative rules it believes are necessary to administer this paragraph.

AB68-SSA1,1228 Section 1228. 67.10 (3) of the statutes is amended to read:

AB68-SSA1,640,11 67.10 (3) Borrowed money fund, source and use. All borrowed money Each municipality that issues municipal obligations under this chapter shall establish and maintain, separate and distinct from all other funds, a borrowed money fund. The fund may include a separate account for each municipal obligation issue. Except as provided under s. 67.11, all proceeds of municipal obligations issued under this chapter shall be paid into the treasury of the municipality borrowing it, issuing the obligations and shall be entered in an account separate and distinct from all other funds, disbursements a borrowed money fund. Except as provided under s. 67.11, disbursements charged thereto to the borrowed money fund shall be solely for the purpose for which it was borrowed and for no other purpose, except as provided by s. 67.11, but the municipal obligations were issued, including the reimbursement of a temporary advance from other funds of the municipality or the repayment of a temporary loan by the municipality if such the advance or loan has been made in anticipation of the borrowed money receipt of the proceeds of municipal obligations and for the same purpose, and such disbursements. Disbursements charged to the borrowed money fund shall be only upon orders or warrants charged to said the fund and expressing the purpose for which they are drawn. Money in the borrowed money fund may be temporarily invested as provided in s. 66.0603 (1m).

AB68-SSA1,1229 Section 1229. 67.11 (1) (c) of the statutes is created to read:

AB68-SSA1,640,14 67.11 (1) (c) Any accrued interest received as part of the purchase price for the municipal obligations.

AB68-SSA1,1230 Section 1230. 67.11 (1) (d) of the statutes is amended to read:

AB68-SSA1,640,18 67.11 (1) (d) The To the extent provided in a resolution authorizing the municipal obligations, the premium, if any, for which the municipal obligations have been sold above par value and accrued interest.

AB68-SSA1,1231 Section 1231. 67.12 (12) (a) of the statutes is amended to read:

AB68-SSA1,641,5 67.12 (12) (a) Any municipality may issue promissory notes as evidence of indebtedness for any public purpose, as defined in s. 67.04 (1) (b), including but not limited to paying any general and current municipal expense, and refunding any municipal obligations, including interest on them. Each note, plus interest if any, shall be repaid within 10 years after the original date of the note, except that notes issued under this section for purposes of ss. 119.498, 281.58, 281.59, 281.60, 281.61, and 292.72 and s. 281.60, 2019 stats., issued to raise funds to pay a portion of the capital costs of a metropolitan sewerage district, or issued by a 1st class city or a county having a population of 750,000 or more, to pay unfunded prior service liability with respect to an employee retirement system, shall be repaid within 20 years after the original date of the note.

AB68-SSA1,1232 Section 1232. 67.12 (12) (h) of the statutes is amended to read:

AB68-SSA1,641,12 67.12 (12) (h) Paragraph (e) 2. does not apply to borrowing by the school board of a school district created by a reorganization under s. 117.105, or by the school board from which territory is detached to create a school district under s. 117.105, for the purpose of financing any assets or liabilities apportioned to the school district or assets apportioned to another school district under s. 117.105 (1m), or (2m), or (4m).

AB68-SSA1,1233 Section 1233 . 69.03 (15) of the statutes is amended to read: