Amendment SSA1-SB373

SB373-SSA1,43,7 103.50 (7) (d) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the individual is entitled under the contract governing such project to be deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.

SB373-SSA1,43,13 (e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 276c.

SB373-SSA1,43,16 (f) Paragraph (a) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under sub. (3) or (4).

SB373-SSA1, s. 83 Section 83. 103.50 (8) of the statutes is amended to read:

SB373-SSA1,44,4 103.50 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2) and (6). The department of transportation may demand and examine, and it shall be the duty of every contractor and, subcontractor and agent thereof shall to keep and furnish to the department of transportation, copies of payrolls and it may examine all other records and information relating to hours of work and the wages paid laborers and mechanics on the to persons described in sub. (2m) for work to which this section is applicable applies. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall make such investigation as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

SB373-SSA1, s. 84 Section 84. 227.01 (13) (t) of the statutes is amended to read:

SB373-SSA1,44,11 227.01 (13) (t) Ascertains and determines prevailing hours of labor, wage rates and truck rental rates under s. 103.50 and prevailing wage rates and prevailing hours of labor under s. ss. 66.293, 103.49 and 103.50, except that any action or inaction which ascertains and determines prevailing hours of labor, wage rates and truck rental rates prevailing hours of labor under ss. 66.293, 103.49 and 103.50 is subject to judicial review under s. 227.40.

SB373-SSA1, s. 85 Section 85. 946.15 (1) of the statutes is amended to read:

SB373-SSA1,45,2 946.15 (1) Any employer, or any agent or employe of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been established issued by the department of industry, labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (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 made issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the employe 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.

SB373-SSA1, s. 86 Section 86. 946.15 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

SB373-SSA1,45,18 946.15 (1) Any employer, or any agent or employe of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.29 (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 industry, labor and job development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (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 employe for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the employe 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.

SB373-SSA1, s. 87 Section 87. 946.15 (2) of the statutes is amended to read:

SB373-SSA1,46,8 946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.29 (1) (c) or employed on a project on which a prevailing wage rate determination has been established issued by the department of industry, labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employe is entitled under his or her contract of employment or under the prevailing wage determination made 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. 66.293 (3) or (6), 103.49 (3) or 103.50 (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.

SB373-SSA1, s. 88 Section 88. 946.15 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

SB373-SSA1,46,24 946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.29 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and job development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employe 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. 66.293 (3) or (6), 103.49 (3) or 103.50 (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.

SB373-SSA1, s. 89 Section 89. 946.15 (3) of the statutes is created to read:

SB373-SSA1,47,10 946.15 (3) Any employer or labor organization, or any agent or employe 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 industry, labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (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.

SB373-SSA1, s. 90 Section 90. 946.15 (3) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

SB373-SSA1,47,22 946.15 (3) Any employer or labor organization, or any agent or employe 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 industry, labor and human relations job development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (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.

SB373-SSA1, s. 91 Section 91. 946.15 (4) of the statutes is created to read:

SB373-SSA1,48,7 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (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.

SB373-SSA1, s. 92 Section 92. 946.15 (4) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

SB373-SSA1,48,18 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of industry, labor and human relations job development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (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.

SB373-SSA1, s. 9331 Section 9331. Initial applicability; industry, labor and human relations.

SB373-SSA1,48,21 (1)  Except as provided in subsections (2) to (6), this act first applies to work performed on the effective date of this subsection.

SB373-SSA1,49,2 (2)  Except as provided in subsection (5), the repeal and recreation of sections 66.293 (1) (b) and (h) and (10) (b) and (d), 101.02 (13) (a), 103.49 (5) (b), 103.50 (4), (5) and (6) and 946.15 (1) and (2) of the statutes and the amendment of sections 103.005 (12) (a) and 946.15 (3) and (4) of the statutes first apply to work performed on the effective date of this subsection.

SB373-SSA1,49,8 (3)  Except as provided in subsection (6), the treatment of sections 66.293 (1) (a), (f) and (g), (3) (intro.), (ar), (av), (br) and (d) and (11) (b) 6., 103.49 (1) (a), (c) and (d) and (6m) (f) and 103.50 (1) (a), (c) and (d) and (4m) of the statutes, the renumbering and amendment of section 103.49 (3) of the statutes and the creation of section 103.49 (3) (am), (ar), (b) and (c) of the statutes first apply to work performed on the effective date of this subsection.

SB373-SSA1,49,13 (4)  Except as provided in subsections (5) and (6), this act first applies to an employe covered by a collective bargaining agreement that is in effect on the effective date of this subsection that contains provisions that are inconsistent with this act on the day after the collective bargaining agreement expires or on the day that the collective bargaining agreement is modified, extended or renewed.

SB373-SSA1,49,21 (5)  The repeal and recreation of sections 66.293 (1) (b) and (h) and (10) (b) and (d), 101.02 (13) (a), 103.49 (5) (b), 103.50 (4), (5) and (6) and 946.15 (1) and (2) of the statutes and the amendment of sections 103.005 (12) (a) and 946.15 (3) and (4) of the statutes first apply to an employe covered by a collective bargaining agreement that is in effect on the effective date of this subsection that contains provisions that are inconsistent with this act on the day after the collective bargaining agreement expires or on the day that the collective bargaining agreement is modified, extended or renewed.

SB373-SSA1,50,5 (6)  The treatment of sections 66.293 (1) (a), (f) and (g), (3) (intro.), (ar), (av), (br) and (d) and (11) (b) 6., 103.49 (1) (a), (c) and (d) and (6m) (f) and 103.50 (1) (a), (c) and (d) and (4m) of the statutes, the renumbering and amendment of section 103.49 (3) of the statutes and the creation of section 103.49 (3) (am), (ar), (b) and (c) of the statues first apply to an employe covered by a collective bargaining agreement that is in effect on the effective date of this subsection that contains provisions that are inconsistent with this act on the day after the collective bargaining agreement expires or on the day that the collective bargaining agreement is modified, extended or renewed.

SB373-SSA1, s. 9431 Section 9431. Effective dates; industry, labor and human relations. This act takes effect on the day after publication, except as follows:

SB373-SSA1,50,12 (1)  The repeal and recreation of sections 66.293 (1) (b) and (h) and (10) (b) and (d), 101.02 (13) (a), 103.49 (5) (b), 103.50 (4), (5) and (6) and 946.15 (1) and (2) of the statutes and the amendment of sections 103.005 (12) (a), 946.15 (3) and (4) of the statutes and Section 9331 (2) and (5) of this act take effect on July 1, 1996, or on the day after publication, whichever is later.

SB373-SSA1,50,18 (2)  The treatment of sections 66.293 (1) (a), (f) and (g), (3) (intro.), (ar), (av), (br) and (d) and (11) (b) 6., 103.49 (1) (a), (c) and (d) and (6m) (f) and 103.50 (1) (a), (c) and (d) and (4m) of the statutes, the renumbering and amendment of section 103.49 (3) of the statutes and the creation of section 103.49 (3) (am), (ar), (b) and (c) of the statutes and Section 9331 (3) and (6) of this act take effect on January 1, 1997, or on the day after publication, whichever is later.

SB373-SSA1,50,19 (End)