AB43: Bill Text

AB43,,2957 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.

AB43,,2958 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).

AB43,,2959 (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.

AB43,,2960 (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.

AB43,,2961 (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.

AB43,,2962 (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.

AB43,,2963 (e) The department shall promulgate rules to administer this subsection.

AB43,1228 Section 1228. 66.10012 of the statutes is created to read:

AB43,,2965 66.10012 Workforce housing. (1) Definitions. In this section:

AB43,,2966 (a) “Housing agency” means the department of administration.

AB43,,2967 (b) “Housing grant” means any grant administered by the department of administration under s. 16.303 or 16.309.

AB43,,2968 (c) “Political subdivision” means any city, village, town, or county.

AB43,,2969 (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:

AB43,,2970 1. The housing costs a household no more than 30 percent of the household’s gross median income.

AB43,,2971 2. The residential units of the housing are for initial occupancy by individuals whose household median income is no more than 120 percent of the county’s gross median income.

AB43,,2972 (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:

AB43,,2973 1. Reduce by at least 10 percent the processing time for all permits related to workforce housing.

AB43,,2974 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.

AB43,,2975 3. Reduce by at least 10 percent the parking requirements for developments that include workforce housing units.

AB43,,2976 4. Increase by at least 10 percent the allowable zoning density for developments that include workforce housing units.

AB43,,2977 5. Establish a mixed-use tax incremental district with at least 20 percent of the housing units to be used for workforce housing.

AB43,,2978 6. Demonstrate compliance with a housing affordability report under s. 66.10013.

AB43,,2979 7. Rehabilitate at least 5 dwelling units of existing, uninhabitable housing stock into habitable workforce housing.

AB43,,2980 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.

AB43,,2981 9. Extend the life of a tax incremental district under s. 66.1105 (6) (g) 1.

AB43,,2982 10. Reduce by at least 10 percent the cost of roads for developments that include workforce housing units.

AB43,,2983 11. Implement any other initiative to address the workforce housing needs of the political subdivision.

AB43,,2984 (b) After a political subdivision completes one of the actions specified in par. (a), the workforce housing 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 website.

AB43,,2985 (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, 2024, if a political subdivision has in effect at the same time at least 3 of the workforce housing initiatives under par. (a), the housing agency shall give priority to housing grant applications from, or that relate to a project in, the political subdivision. The department of administration shall promulgate rules establishing how and based on what information the department will give priority to housing grant applications under this paragraph and prescribing the form of application for receiving priority.

AB43,1229 Section 1229. 66.1010 of the statutes is repealed.

AB43,1230 Section 1230. 66.1011 (1) of the statutes is amended to read:

AB43,,2988 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.

AB43,1231 Section 1231. 66.1039 of the statutes is created to read:

AB43,,2990 66.1039 Transit authorities. (1) Definitions. In this section:

AB43,,2991 (a) “Authority” means a transit authority created under this section.

AB43,,2992 (b) “Bonds” means any bonds, interim certificates, notes, debentures, or other obligations of an authority issued under this section.

AB43,,2993 (c) “Common carrier” means any of the following:

AB43,,2994 1. A common motor carrier, as defined in s. 194.01 (1).

AB43,,2995 2. A contract motor carrier, as defined in s. 194.01 (2).

AB43,,2996 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).

AB43,,2997 4. A water carrier, as defined in s. 195.02 (5).

AB43,,2998 (d) “Comprehensive unified local transportation system” means a transportation system that is comprised of motor bus lines and any other local public transportation facilities, the major portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the jurisdictional area of the authority.

AB43,,2999 (e) “Madison metropolitan planning area” means the metropolitan planning area, as defined in 23 USC 134 (b) (1), that includes the city of Madison.

AB43,,3000 (em) “Metropolitan area” means a metropolitan statistical area as designated by the U.S. office of management and budget.

AB43,,3001 (f) “Municipality” means any city, village, or town.

AB43,,3002 (g) “Participating political subdivision” means a political subdivision that is a member of an authority, either from the time of creation of the authority or by later joining the authority.

AB43,,3003 (h) “Political subdivision” means a municipality or county.

AB43,,3004 (i) “Transportation system” means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transportation of passengers within the jurisdictional area of the authority and, only to the extent specifically authorized under this section, outside the jurisdictional area of the authority. “Transportation system” includes elevated railroads, subways, underground railroads, motor vehicles, motor buses, and any combination thereof, and any other form of mass transportation, but does not include transportation excluded from the definition of “common motor carrier” under s. 194.01 (1) or charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority.

AB43,,3005 (j) “Urbanized Fox Cities metropolitan planning area” means the urbanized area, as defined in 23 USC 134 (b) (7), of the metropolitan planning area, as defined in 23 USC 134 (b) (1), that includes the city of Appleton.

AB43,,3006 (2) Creation of transit authorities. (a) Southeast regional transit authority. 1. The southeast regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Milwaukee County or Kenosha County, or of any municipality located in whole or in part within that portion of Racine County east of I 94, adopts a resolution authorizing the county or municipality to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.

AB43,,3007 2. After an authority is created under subd. 1., any of the counties of Kenosha, Milwaukee, and Racine, and any municipality located in whole or in part within that portion of Racine County east of I 94, if the county or municipality is not already a member of the authority as provided under subd. 1., may join the authority created under subd. 1. if the governing body of the county or municipality adopts a resolution to join the authority.

AB43,,3008 3. If Milwaukee County or Kenosha County adopts a resolution under subd. 1. or 2., any municipality located in whole or in part within Milwaukee County or Kenosha County, respectively, shall be a member of the authority.

AB43,,3009 4. Any of the counties of Waukesha, Ozaukee, and Washington may join the authority created under subd. 1. if the governing body of the county adopts a resolution to join the authority.

AB43,,3010 5. Any municipality located in whole or in part within Waukesha County, Ozaukee County, or Washington County may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality’s joinder.

AB43,,3011 6. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the combined territorial boundaries of any county or municipality that adopts a resolution under subd. 1., 2., 4., or 5.

AB43,,3012 (b) Dane County regional transit authority. 1. The Dane County regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Dane County adopts a resolution authorizing the county to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.

AB43,,3013 2. If Dane County adopts a resolution under subd. 1., any municipality located in whole or in part within the Madison metropolitan planning area shall be a member of the authority.

AB43,,3014 3. Any municipality located in whole or in part within Dane County that is not located in whole or in part within the Madison metropolitan planning area may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality’s joinder.

AB43,,3015 4. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the Madison metropolitan planning area combined with the territorial boundaries of all municipalities that join the authority under subd. 3.

AB43,,3016 (c) Fox Cities regional transit authority. 1. There is created the Fox Cities regional transit authority, a public body corporate and politic and a separate governmental entity, consisting of the counties of Outagamie, Calumet, and Winnebago and any municipality located in whole or in part within the urbanized Fox Cities metropolitan planning area. This authority may transact business and exercise any powers granted to it under this section.

AB43,,3017 2. Any municipality located in whole or in part within Outagamie County, Calumet County, or Winnebago County that is not located in whole or in part within the urbanized Fox Cities metropolitan planning area may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality’s joinder.

AB43,,3018 3. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the urbanized Fox Cities metropolitan planning area combined with the territorial boundaries of all municipalities that join the authority under subd. 2.

AB43,,3019 (f) Other regional transit authorities. 1. Except as provided in subd. 4., any 2 or more political subdivisions located within the same metropolitan area may jointly create a transit authority that is a public body corporate and politic and a separate governmental entity and that is known by a name that includes the words “regional transit authority,” if the governing body of each political subdivision adopts a resolution authorizing the political subdivision to become a member of the authority and all the resolutions are identical to each other. Except as provided in subd. 2. and sub. (13), once created, the members of the authority shall consist of all political subdivisions that adopt resolutions, as provided in this subdivision. Once created, the authority may transact business and exercise any powers granted to it under this section.

AB43,,3020 2. Except as provided in subd. 4., after an authority is created under subd. 1., any political subdivision located in whole or in part within a metropolitan area located in whole or in part within an authority’s jurisdiction may join the authority if the governing body of the political subdivision adopts a resolution identical to the existing resolutions of the authority’s participating political subdivisions and the authority’s board of directors approves the political subdivision’s joinder.

AB43,,3021 3. The jurisdictional area of an authority created under this paragraph is the geographic area formed by the combined territorial boundaries of all participating political subdivisions of the authority.

AB43,,3022 4. A political subdivision may not create or join an authority under this paragraph if the political subdivision is, or is located in whole or in part within, Calumet County, Dane County, Kenosha County, Milwaukee County, Outagamie County, Racine County, or Winnebago County or if the political subdivision is eligible to join any authority authorized under par. (a), (b), or (c).

AB43,,3023 (3) Transit authority governance. (a) The powers of an authority shall be vested in its board of directors. Directors shall be appointed for 4-year terms. A majority of the board of directors’ full authorized membership constitutes a quorum for the purpose of conducting the authority’s business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.

AB43,,3024 (b) If an authority is created under sub. (2) (a), the board of directors of the authority consists of the following members:

AB43,,3025 1. If Kenosha County adopts a resolution under sub. (2) (a) 1. or 2., one member from Kenosha County, appointed by the county executive and approved by the county board, and one member from the city of Kenosha, appointed by the mayor and approved by the common council.

AB43,,3026 2. If Milwaukee County adopts a resolution under sub. (2) (a) 1. or 2., one member from Milwaukee County, appointed by the county executive and approved by the county board, and one member from the city of Milwaukee, appointed by the mayor and approved by the common council.

AB43,,3027 3. If the city of Racine adopts a resolution under sub. (2) (a) 1. or 2., one member from the city of Racine, appointed by the mayor and approved by the common council.

AB43,,3028 4. Two members from the jurisdictional area of the authority, appointed by the governor. If Milwaukee County adopts a resolution under sub. (2) (a) 1. or 2., one of the members appointed by the governor under this subdivision shall be from Milwaukee County for any term commencing after Milwaukee County has adopted the resolution.

AB43,,3029 5. One member from each county that joins the authority under sub. (2) (a) 4., appointed by the county executive of the county and approved by the county board except that, if the county does not have an elected county executive, the member shall be appointed by the county board chairperson and approved by the county board.

AB43,,3030 6. One member from each city with a population of more than 60,000 that either adopts a resolution under sub. (2) (a) 5. or is located in a county that has joined the authority under sub. (2) (a) 4., appointed by the mayor of each such city and approved by the common council.

AB43,,3031 (c) If an authority is created under sub. (2) (b), the board of directors of the authority consists of the following members:

AB43,,3032 1. Two members from the Madison metropolitan planning area, appointed by the county executive and approved by the county board.

AB43,,3033 2. Two members appointed by the mayor of the city of Madison and approved by the common council.

AB43,,3034 3. One member appointed by the governor.

AB43,,3035 4. One member from each city with a population of more than 20,000 located in Dane County, appointed by the mayor of each such city and approved by the common council.

AB43,,3036 (d) The board of directors of the authority created under sub. (2) (c) consists of the following members:

AB43,,3037 1. Three members, one each from the counties of Outagamie, Calumet, and Winnebago, appointed by the county executive of each county and approved by the county board except that, if the county does not have an elected county executive, the member shall be appointed by the county board chairperson and approved by the county board.

AB43,,3038 2. Two members, one each from the cities of Appleton and Neenah, appointed by the mayor of each such city and approved by the common council.

AB43,,3039 3. One member from the town of Grand Chute, appointed by the town board chairperson and approved by the town board.

AB43,,3040 4. One member appointed by the governor.

AB43,,3041 5. One member appointed as provided in par. (e).

AB43,,3042 6. One member appointed as provided in par. (f).

AB43,,3043 (e) 1. Board membership under par. (d) 5. shall follow a rotating order of succession, commencing as specified in subds. 2. and 3. and, after June 30, 2031, repeating in the same order and by the same selection process.

AB43,,3044 2. For the term commencing on the effective date of this subdivision .... [LRB inserts date], and expiring on June 30, 2027, the member specified in par. (d) 5. shall be from the town of Menasha and shall be appointed by the town board chairperson and approved by the town board.

AB43,,3045 3. For the term commencing on July 1, 2027, and expiring on June 30, 2031, the member specified in par. (d) 5. shall be from the city of Menasha and shall be appointed by the mayor of the city and approved by the common council.