LRB-0582/2
CMH&MES:jld&ahe
2017 - 2018 LEGISLATURE
January 17, 2017 - Introduced by Representatives Hutton, Kitchens, Allen,
Bernier, Born, Brandtjen, E. Brooks, R. Brooks, Duchow, Felzkowski,
Gannon, Horlacher, Jacque, Jarchow, Kleefisch, Knodl, Kooyenga,
Kremer, Kuglitsch, Macco, Murphy, Neylon, Ott, Petersen, Quinn,
Rodriguez, Rohrkaste, Sanfelippo, Schraa, Skowronski, Steffen,
Swearingen, Thiesfeldt, Vorpagel, Zimmerman and Wichgers, cosponsored
by Senators Vukmir, Olsen, Craig, Darling, Kapenga, LeMahieu, Nass,
Stroebel and Wanggaard. Referred to Committee on Labor.
AB24,1,4 1An Act to renumber 66.0901 (1) (a); to amend 16.971 (4) (c) 2., 66.0901 (6) and
266.0901 (9) (a); and to create 16.75 (1p), 16.855 (1p), 66.0901 (1) (ae), 66.0901
3(1) (am), 66.0901 (6m) and 66.0901 (6s) of the statutes; relating to: project
4labor agreements and public contracts.
Analysis by the Legislative Reference Bureau
Under this bill, the state and local units of government are prohibited from
engaging in certain practices in letting bids for state procurement or public works
contracts. Under the bill, the state and local governments may not do any of the
following in specifications for bids for the contracts: 1) require that a bidder enter
into an agreement with a labor organization; 2) consider, when awarding a contract,
whether a bidder has or has not entered into an agreement with a labor organization;
or 3) require that a bidder enter into an agreement that requires that the bidder or
bidder's employees become or remain members of a labor organization or pay any
dues or fees to a labor organization.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB24,1 5Section 1. 16.75 (1p) of the statutes is created to read:
AB24,2,1
116.75 (1p) (a) In this subsection:
AB24,2,42 1. “Agreement with a labor organization" means any agreement with a labor
3organization, including a collective bargaining agreement, a project labor
4agreement, or a community workforce agreement.
AB24,2,75 2. “Bidder" means a person that is submitting a bid or a competitive sealed
6proposal or that is seeking an award under this section in a procedure established
7under sub. (1) (c).
AB24,2,88 3. “Labor organization" has the meaning given in s. 5.02 (8m).
AB24,2,109 (b) The department may not do any of the following in a solicitation for bids or
10competitive sealed proposals or in a procedure established under sub. (1) (c):
AB24,2,1211 1. Require that a bidder enter into or adhere to an agreement with a labor
12organization.
AB24,2,1413 2. Consider as a factor in making an award under this section whether any
14bidder has or has not entered into an agreement with a labor organization.
AB24,2,2015 3. Require that a bidder enter into, adhere to, or enforce any agreement that
16requires, as a condition of employment, that the bidder or bidder's employees become
17or remain members of, or be affiliated with, a labor organization or pay any dues,
18fees, assessments, or other charges or expenses of any kind or amount, or provide
19anything of value, to a labor organization or a labor organization's health, welfare,
20retirement, or other benefit plan or program.
AB24,2,2321 (c) Nothing in this subsection prohibits employers or employees from entering
22into agreements or engaging in any other activity protected by the National Labor
23Relations Act, 29 USC 151 to 169.
AB24,2 24Section 2. 16.855 (1p) of the statutes is created to read:
AB24,2,2525 16.855 (1p) (a) In this subsection:
AB24,3,2
11. “Agreement with a labor organization" has the meaning given in s. 16.75 (1p)
2(a) 1.
AB24,3,33 2. “Labor organization" has the meaning given in s. 5.02 (8m).
AB24,3,54 (b) The department may not do any of the following in a solicitation for bids
5under this section:
AB24,3,76 1. Require that a bidder enter into or adhere to an agreement with a labor
7organization.
AB24,3,98 2. Consider as a factor in making an award under this section whether any
9bidder has or has not entered into an agreement with a labor organization.
AB24,3,1510 3. Require that a bidder enter into, adhere to, or enforce any agreement that
11requires, as a condition of employment, that the bidder or bidder's employees become
12or remain members of, or be affiliated with, a labor organization or pay any dues,
13fees, assessments, or other charges or expenses of any kind or amount, or provide
14anything of value, to a labor organization or a labor organization's health, welfare,
15retirement, or other benefit plan or program.
AB24,3,1816 (c) Nothing in this subsection prohibits employers or employees from entering
17into agreements or engaging in any other activity protected by the National Labor
18Relations Act, 29 USC 151 to 169.
AB24,3 19Section 3. 16.971 (4) (c) 2. of the statutes is amended to read:
AB24,3,2120 16.971 (4) (c) 2. “Municipality" has the meaning designated in s. 66.0901 (1)
21(a) (as).
AB24,4 22Section 4. 66.0901 (1) (a) of the statutes is renumbered 66.0901 (1) (as).
AB24,5 23Section 5. 66.0901 (1) (ae) of the statutes is created to read:
AB24,4,3
166.0901 (1) (ae) “Agreement with a labor organization" means any agreement
2with a labor organization, including a collective bargaining agreement, a project
3labor agreement, or a community workforce agreement.
AB24,6 4Section 6. 66.0901 (1) (am) of the statutes is created to read:
AB24,4,55 66.0901 (1) (am) “Labor organization" has the meaning given in s. 5.02 (8m).
AB24,7 6Section 7. 66.0901 (6) of the statutes is amended to read:
AB24,4,177 66.0901 (6) Separation of contracts; classification of contractors. In public
8contracts for the construction, repair, remodeling or improvement of a public
9building or structure, other than highway structures and facilities, a municipality
10may bid projects based on a single or multiple division of the work. Public contracts
11shall be awarded according to the division of work selected for bidding. The Except
12as provided in sub. (6m), the
municipality may set out in any public contract
13reasonable and lawful conditions as to the hours of labor, wages, residence, character
14and classification of workers to be employed by any contractor, classify contractors
15as to their financial responsibility, competency and ability to perform work and set
16up a classified list of contractors. The municipality may reject the bid of any person,
17if the person has not been classified for the kind or amount of work in the bid.
AB24,8 18Section 8. 66.0901 (6m) of the statutes is created to read:
AB24,4,2019 66.0901 (6m) Prohibited practices. A municipality may not do any of the
20following in a specification for bids for a public contract under this section:
AB24,4,2221 (a) Require that a bidder enter into or adhere to an agreement with a labor
22organization.
AB24,4,2423 (b) Consider as a factor in making an award under this section whether any
24bidder has or has not entered into an agreement with a labor organization.
AB24,5,6
1(c) Require that a bidder enter into, adhere to, or enforce any agreement that
2requires, as a condition of employment, that the bidder or bidder's employees become
3or remain members of, or be affiliated with, a labor organization or pay any dues,
4fees, assessments, or other charges or expenses of any kind or amount, or provide
5anything of value, to a labor organization or a labor organization's health, welfare,
6retirement, or other benefit plan or program.
AB24,9 7Section 9. 66.0901 (6s) of the statutes is created to read:
AB24,5,108 66.0901 (6s) Protected activity. Nothing in this section prohibits employers
9or employees from entering into agreements or engaging in any other activity
10protected by the National Labor Relations Act, 29 USC 151 to 169.
AB24,10 11Section 10. 66.0901 (9) (a) of the statutes is amended to read:
AB24,5,1312 66.0901 (9) (a) Notwithstanding sub. (1) (a) (as), in this subsection,
13“municipality" does not include the department of transportation.
AB24,11 14Section 11. Initial applicability.
AB24,5,1615 (1) This act first applies to bids or proposals solicited on the effective date of this
16subsection.
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