LRB-2889/1
MED:amn
2017 - 2018 LEGISLATURE
April 20, 2017 - Introduced by Senators Vukmir, Stroebel, Craig, Darling,
Kapenga, Lasee, LeMahieu, Nass, Tiffany and Wanggaard, cosponsored by
Representatives Hutton, Sanfelippo, Jacque, Allen, August, Born,
Brandtjen, E. Brooks, R. Brooks, Duchow, Felzkowski, Gannon, Horlacher,
Jagler, Jarchow, Katsma, Kleefisch, Knodl, Kooyenga, Kremer, Kuglitsch,
Macco, Neylon, Ott, Petersen, Quinn, Rohrkaste, Schraa, Skowronski,
Steineke, Tauchen, Thiesfeldt, Tittl, Vos and Wichgers. Referred to
Committee on Labor and Regulatory Reform.
SB216,1,8 1An Act to repeal 16.856, 19.36 (12), 84.062, 84.41 (3), 106.04, 111.322 (2m) (c)
2and 946.15; to amend 19.36 (3), 59.20 (3) (a), 66.0903 (1) (c), 66.0903 (1) (f),
366.0903 (1) (g), 66.0903 (1) (j), 103.503 (1) (a), 103.503 (1) (c), 103.503 (1) (e),
4103.503 (1) (g), 103.503 (2), 103.503 (3) (a) 2., 109.09 (1), 111.322 (2m) (d), 230.13
5(1) (intro.), 233.13 (intro.) and 978.05 (6) (a); and to create 103.503 (1) (fm) and
6103.503 (1) (j) of the statutes; relating to: elimination of the requirement that
7laborers, workers, mechanics, and truck drivers employed on the site of a
8project of public works be paid the prevailing wage.
Analysis by the Legislative Reference Bureau
Generally, under the current prevailing wage laws, laborers, workers,
mechanics, and truck drivers employed on the site of certain projects of public works
1) must be paid the prevailing wage rate, as determined by the U.S. Department of
Labor under the federal Davis-Bacon Act; and 2) may not be required or permitted
to work a greater number of hours per day and per week than the prevailing hours
of labor, which is no more than 10 hours per day and 40 hours per week, unless they
are paid 1.5 times their basic rate of pay (commonly referred to as overtime pay) for
all hours worked in excess of the prevailing hours of labor. The prevailing wage laws
include two separate laws: one that applies to certain projects of public works to

which the state or any state agency is a party (state prevailing wage law) and one that
applies to projects under a contract based on bids to which the state is a party for the
construction or improvement of highways (highway prevailing wage law). Also
under current law, no local government may enact or administer a prevailing wage
law ordinance or any similar ordinance.
This bill eliminates the state prevailing wage law and the highway prevailing
wage law but retains the prohibition against local governments enacting or
administrating their own prevailing wage laws or similar ordinances.
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:
SB216,1 1Section 1. 16.856 of the statutes is repealed.
SB216,2 2Section 2. 19.36 (3) of the statutes is amended to read:
SB216,2,83 19.36 (3) Contractors' records. Subject to sub. (12), each Each authority shall
4make available for inspection and copying under s. 19.35 (1) any record produced or
5collected under a contract entered into by the authority with a person other than an
6authority to the same extent as if the record were maintained by the authority. This
7subsection does not apply to the inspection or copying of a record under s. 19.35 (1)
8(am).
SB216,3 9Section 3. 19.36 (12) of the statutes is repealed.
SB216,4 10Section 4. 59.20 (3) (a) of the statutes is amended to read:
SB216,3,511 59.20 (3) (a) Every sheriff, clerk of the circuit court, register of deeds, treasurer,
12comptroller, register of probate, clerk, and county surveyor shall keep his or her office
13at the county seat in the offices provided by the county or by special provision of law;
14or if there is none, then at such place as the board directs. The board may also require
15any elective or appointive county official to keep his or her office at the county seat
16in an office to be provided by the county. All such officers shall keep their offices open
17during the usual business hours of any day except Sunday, as the board directs. With

1proper care, the officers shall open to the examination of any person all books and
2papers required to be kept in his or her office and permit any person so examining
3to take notes and copies of such books, records, papers, or minutes therefrom except
4as authorized in par. (c) and ss. 19.36 (10) to (12) and (11) and 19.59 (3) (d) or under
5ch. 69.
SB216,5 6Section 5. 66.0903 (1) (c) of the statutes is amended to read:
SB216,3,87 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856
8(1) (b), 2015 stats.
SB216,6 9Section 6. 66.0903 (1) (f) of the statutes is amended to read:
SB216,3,1110 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856
11(1) (e), 2015 stats.
SB216,7 12Section 7. 66.0903 (1) (g) of the statutes is amended to read:
SB216,3,1413 66.0903 (1) (g) “Prevailing wage rate" includes the meanings given under s.
1466.0903 (1) (g), 2013 stats., and s. 16.856 (1) (f), 2015 stats.
SB216,8 15Section 8. 66.0903 (1) (j) of the statutes is amended to read:
SB216,3,1716 66.0903 (1) (j) “Truck driver" has the meaning given in s. 16.856 (1) (j) includes
17an owner-operator of a truck
.
SB216,9 18Section 9. 84.062 of the statutes is repealed.
SB216,10 19Section 10. 84.41 (3) of the statutes is repealed.
SB216,11 20Section 11. 103.503 (1) (a) of the statutes is amended to read:
SB216,4,221 103.503 (1) (a) “Accident" means an incident caused, contributed to, or
22otherwise involving an employee that resulted or could have resulted in death,
23personal injury, or property damage and that occurred while the employee was
24performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015

1stats.,
on a project of public works or while the employee was performing work on a
2public utility project.
SB216,12 3Section 12. 103.503 (1) (c) of the statutes is amended to read:
SB216,4,74 103.503 (1) (c) “Contracting agency" means a local governmental unit, as
5defined in s. 66.0903 (1) (d),
or a state agency, as defined in s. 16.856 (1) (h), that has
6contracted for the performance of work on a project of public works or a public utility
7that has contracted for the performance of work on a public utility project.
SB216,13 8Section 13. 103.503 (1) (e) of the statutes is amended to read:
SB216,4,119 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver
10who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015
11stats.,
on a project of public works or on a public utility project.
SB216,14 12Section 14. 103.503 (1) (fm) of the statutes is created to read:
SB216,4,1613 103.503 (1) (fm) “Local governmental unit" means a political subdivision of this
14state, a special purpose district in this state, an instrumentality or corporation of
15such a political subdivision or special purpose district, a combination or subunit of
16any of the foregoing, or an instrumentality of the state and any of the foregoing.
SB216,15 17Section 15. 103.503 (1) (g) of the statutes is amended to read:
SB216,4,2318 103.503 (1) (g) “Project of public works" means a project of public works that
19is subject to s. 16.856 or that would be subject to s. 66.0903, 2013 stats., if the project
20were erected, constructed, repaired, remodeled, or demolished prior to January 1,
212017, or that would be subject to s. 16.856, 2015 stats., if the project were erected,
22constructed, repaired, remodeled, or demolished prior to the effective date of this
23paragraph .... [LRB inserts date]
.
SB216,16 24Section 16. 103.503 (1) (j) of the statutes is created to read:
SB216,5,6
1103.503 (1) (j) “State agency" means any office, department, independent
2agency, institution of higher education, association, society, or other body in state
3government created or authorized to be created by the constitution or any law,
4including the legislature and the courts. “State agency" also includes the University
5of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
6Authority, and the Wisconsin Aerospace Authority.
SB216,17 7Section 17. 103.503 (2) of the statutes is amended to read:
SB216,5,158 103.503 (2) Substance abuse prohibited. No employee may use, possess,
9attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
10be under the influence of alcohol, while performing the work described in s. 66.0903
11(4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works or while
12performing work on a public utility project. An employee is considered to be under
13the influence of alcohol for purposes of this subsection if he or she has an alcohol
14concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
15(d).
SB216,18 16Section 18. 103.503 (3) (a) 2. of the statutes is amended to read:
SB216,5,2417 103.503 (3) (a) 2. A requirement that employees performing the work described
18in s. 66.0903 (4), 2013 stats., or s. 16.856 (2m), 2015 stats., on a project of public works
19or performing work on a public utility project submit to random, reasonable
20suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing
21before commencing work on the project, except that testing of an employee before
22commencing work on a project is not required if the employee has been participating
23in a random testing program during the 90 days preceding the date on which the
24employee commenced work on the project.
SB216,19 25Section 19. 106.04 of the statutes is repealed.
SB216,20
1Section 20. 109.09 (1) of the statutes is amended to read:
SB216,6,232 109.09 (1) The department shall investigate and attempt equitably to adjust
3controversies between employers and employees as to alleged wage claims. The
4department may receive and investigate any wage claim that is filed with the
5department, or received by the department under s. 109.10 (4), no later than 2 years
6after the date the wages are due. The department may, after receiving a wage claim,
7investigate any wages due from the employer against whom the claim is filed to any
8employee during the period commencing 2 years before the date the claim is filed.
9The department shall enforce this chapter and s. 66.0903, 2013 stats., s. 103.49, 2013
10stats., and s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 16.856, 103.02,
11103.82, and 104.12. In pursuance of this duty, the department may sue the employer
12on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03
13(6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s.
14109.10, the department may refer such an action to the district attorney of the county
15in which the violation occurs for prosecution and collection and the district attorney
16shall commence an action in the circuit court having appropriate jurisdiction. Any
17number of wage claims or wage deficiencies against the same employer may be joined
18in a single proceeding, but the court may order separate trials or hearings. In actions
19that are referred to a district attorney under this subsection, any taxable costs
20recovered by the district attorney shall be paid into the general fund of the county
21in which the violation occurs and used by that county to meet its financial
22responsibility under s. 978.13 (2) (b) for the operation of the office of the district
23attorney who prosecuted the action.
SB216,21 24Section 21. 111.322 (2m) (c) of the statutes is repealed.
SB216,22 25Section 22. 111.322 (2m) (d) of the statutes is amended to read:
SB216,7,2
1111.322 (2m) (d) The individual's employer believes that the individual
2engaged or may engage in any activity described in pars. (a) to (c) (bm).
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