Amendment SSA1-SB49

2015 - 2016 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 49

May 6, 2015 - Offered by Senator Nass.

SB49-SSA1,2,2 An Act to repeal 66.0903 (1) (b), (cm), (dr), (em), (hm) and (im), 66.0903 (1m) (a) 1. to 3., 66.0903 (2) to (12), 104.001 (3) (a), 111.322 (2m) (c), 229.682 (2) and 229.8275; to renumber and amend 66.0903 (1m) (a) (intro.); to consolidate, renumber and amend 104.001 (3) (intro.) and (b); to amend 19.36 (12), 66.0129 (5), 66.0903 (1m) (b), 103.49 (3g) (a), 103.50 (2g), 103.503 (1) (a), 103.503 (1) (e), 103.503 (1) (g), 103.503 (2), 103.503 (3) (a) 2., 109.09 (1), 111.322 (2m) (a), 111.322 (2m) (b), 111.322 (2m) (d), 227.01 (13) (t), 946.15 (1), 946.15 (2), 946.15 (3) and 946.15 (4); and to repeal and recreate 66.0903 (title) of the statutes; relating to: elimination of the requirement that laborers, workers, mechanics, and truck drivers employed on the site of a local project of public works be paid the prevailing wage and the cost threshold for applicability of the prevailing wage law to state projects of public works, including highway projects.

Analysis by the Legislative Reference Bureau

Under the current prevailing wage law, laborers, workers, mechanics, and truck drivers employed on the site of certain state and local projects of public works (generally single-trade projects whose estimated cost of completion is $48,000 or more and multiple-trade projects whose estimated cost of completion is $100,000 or more) 1) must be paid at the rate paid for a majority of the hours worked in the person's trade or occupation in the area in which the project is located, as determined by the Department of Workforce Development; 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. Also under current law, no local government may enact or administer a prevailing wage law ordinance or any similar ordinance.

This substitute amendment eliminates the prevailing wage law with respect to projects of public works undertaken by local governmental units, but retains the prohibition against local governmental units enacting or administering their own prevailing wage laws or similar ordinances. For projects of public works undertaken by the state or a state agency, including state highway projects, the substitute amendment raises the cost threshold for applicability of the prevailing wage law to $1,000,000 for single-trade projects and to $5,000,000 for multiple-trade projects.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB49-SSA1,1 Section 1. 19.36 (12) of the statutes is amended to read:

SB49-SSA1,3,3 19.36 (12) Information relating to certain employees. Unless access is specifically authorized or required by statute, an authority shall may not provide access to a record prepared or provided by an employer performing work on a project to which s. 66.0903, 103.49, or 103.50 applies, or on which the employer is otherwise required to pay prevailing wages, if that record contains the name or other personally identifiable information relating to an employee of that employer, unless the employee authorizes the authority to provide access to that information. In this subsection, "personally identifiable information" does not include an employee's work classification, hours of work, or wage or benefit payments received for work on such a project.

SB49-SSA1,2 Section 2. 66.0129 (5) of the statutes is amended to read:

SB49-SSA1,3,9 66.0129 (5) Bids for construction. The nonprofit corporation shall let all contracts exceeding $1,000 for the construction, maintenance or repair of hospital facilities to the lowest responsible bidder after advertising for bids by the publication of a class 2 notice under ch. 985. Sections Section 66.0901 and 66.0903 apply applies to bids and contracts under this subsection.

SB49-SSA1,3 Section 3. 66.0903 (title) of the statutes is repealed and recreated to read:

SB49-SSA1,3,11 66.0903 (title) Prevailing wage.

SB49-SSA1,4 Section 4. 66.0903 (1) (b), (cm), (dr), (em), (hm) and (im) of the statutes are repealed.

SB49-SSA1,5 Section 5. 66.0903 (1m) (a) (intro.) of the statutes is renumbered 66.0903 (1) (h) and amended to read:

SB49-SSA1,3,23 66.0903 (1) (h) In this subsection, "publicly "Publicly funded private construction project" means a construction project in which the developer, investor, or owner of the project receives direct financial assistance from a local governmental unit for the erection, construction, repair, remodeling, demolition, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure. "Publicly funded private construction project" does not include a project of public works or a housing project involving the erection, construction, repair, remodeling, or demolition of any of the following: .

SB49-SSA1,6 Section 6. 66.0903 (1m) (a) 1. to 3. of the statutes are repealed.

SB49-SSA1,7 Section 7. 66.0903 (1m) (b) of the statutes is amended to read:

SB49-SSA1,4,14 66.0903 (1m) (b) The legislature finds that the enactment of ordinances or other enactments by local governmental units requiring laborers, workers, mechanics, and truck drivers employed on projects of public works or on publicly funded private construction projects to be paid the prevailing wage rate and to be paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the prevailing hours of labor would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this section and the repeal repeals of s. 66.0904, 2009 stats, and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing uniform prevailing wage rate and prevailing hours of labor requirements throughout the state purposes of facilitating broader participation with respect to bidding on projects of public works, ensuring that wages accurately reflect market conditions, providing local governments with the flexibility to reduce costs on capital projects, and reducing spending at all levels of government in this state.

SB49-SSA1,8 Section 8. 66.0903 (2) to (12) of the statutes are repealed.

SB49-SSA1,9 Section 9. 103.49 (3g) (a) of the statutes is amended to read:

SB49-SSA1,4,20 103.49 (3g) (a) A single-trade project of public works for which the estimated project cost of completion is less than $48,000 $1,000,000 or a multiple-trade project of public works for which the estimated project cost of completion is less than $100,000 $5,000,000.

SB49-SSA1,10 Section 10. 103.50 (2g) of the statutes is amended to read:

SB49-SSA1,5,2 103.50 (2g) Nonapplicability. This section does not apply to a single-trade project of public works, as defined in s. 103.49 (1) (em), for which the estimated project cost of completion is less than $48,000 $1,000,000 or a multiple-trade project of public works, as defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less than $100,000 $5,000,000.

SB49-SSA1,11 Section 11. 103.503 (1) (a) of the statutes is amended to read:

SB49-SSA1,5,9 103.503 (1) (a) "Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 2013 stats., or s. 103.49 (2m) on a project of public works or while the employee was performing work on a public utility project.

SB49-SSA1,12 Section 12. 103.503 (1) (e) of the statutes is amended to read:

SB49-SSA1,5,13 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 2013 stats., or s. 103.49 (2m) on a project of public works or on a public utility project.

SB49-SSA1,13 Section 13. 103.503 (1) (g) of the statutes is amended to read:

SB49-SSA1,5,18 103.503 (1) (g) "Project of public works" means a project of public works that is subject to s. 103.49 or that would be subject to s. 66.0903 or 103.49, 2013 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to the effective date of this paragraph .... [LRB inserts date].

SB49-SSA1,14 Section 14. 103.503 (2) of the statutes is amended to read:

SB49-SSA1,6,2 103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 2013 stats., or s. 103.49 (2m) on a project of public works or while performing work on a public utility project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).

SB49-SSA1,15 Section 15. 103.503 (3) (a) 2. of the statutes is amended to read:

SB49-SSA1,6,11 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or s. 103.49 (2m) on a project of public works or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

SB49-SSA1,16 Section 16. 104.001 (3) (intro.) and (b) of the statutes are consolidated, renumbered 104.001 (3) and amended to read:

SB49-SSA1,6,19 104.001 (3) This section does not affect any of the following: (b) An an ordinance that, subject to s. 66.0903, requires an employee of a county, city, village, or town, an employee who performs work under a contract for the provision of services to a county, city, village, or town, or an employee who performs work that is funded by financial assistance from a county, city, village, or town, to be paid at a minimum wage rate specified in the ordinance.

SB49-SSA1,17 Section 17. 104.001 (3) (a) of the statutes is repealed.

SB49-SSA1,18 Section 18. 109.09 (1) of the statutes is amended to read:

SB49-SSA1,7,17 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 103.02, 103.49, 103.82, and 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

SB49-SSA1,19 Section 19. 111.322 (2m) (a) of the statutes is amended to read:

SB49-SSA1,7,22 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.49, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB49-SSA1,20 Section 20. 111.322 (2m) (b) of the statutes is amended to read:

SB49-SSA1,8,2 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.49, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB49-SSA1,21 Section 21. 111.322 (2m) (c) of the statutes is repealed.

SB49-SSA1,22 Section 22. 111.322 (2m) (d) of the statutes is amended to read:

SB49-SSA1,8,6 111.322 (2m) (d) The individual's employer believes that the individual engaged or may engage in any activity described in pars. (a) to (c) (bm).

SB49-SSA1,23 Section 23. 227.01 (13) (t) of the statutes is amended to read:

SB49-SSA1,8,11 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, s. 103.49, or 103.50, and 229.8275, except that any action or inaction which that ascertains and determines prevailing wage rates under ss. 66.0903, s. 103.49, or 103.50, and 229.8275 is subject to judicial review under s. 227.40.

SB49-SSA1,24 Section 24. 229.682 (2) of the statutes is repealed.

SB49-SSA1,25 Section 25. 229.8275 of the statutes is repealed.

SB49-SSA1,26 Section 26. 946.15 (1) of the statutes is amended to read:

SB49-SSA1,9,2 946.15 (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract , as defined in s. 66.0901 (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 workforce development under s. 66.0903 (3), 103.49 (3), or 103.50 (3), or 229.8275 (3) 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 that department, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), or 103.50 (3), or 229.8275 (3) during a week in which the employee 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 I felony.

SB49-SSA1,27 Section 27. 946.15 (2) of the statutes is amended to read:

SB49-SSA1,9,16 946.15 (2) Any person employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), or 103.50 (3), or 229.8275 (3) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the that department, 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. 66.0903 (3), 103.49 (3), or 103.50 (3), or 229.8275 (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.

SB49-SSA1,28 Section 28. 946.15 (3) of the statutes is amended to read:

SB49-SSA1,9,24 946.15 (3) Any employer or labor organization, or any agent or employee 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 workforce development under s. 66.0903 (3), 103.49 (3), or 103.50 (3), or 229.8275 (3) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the that department or local governmental unit to be deducted from the person's pay is guilty of a Class I 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 3142.

SB49-SSA1,29 Section 29. 946.15 (4) of the statutes is amended to read:

SB49-SSA1,10,11 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), or 103.50 (3), or 229.8275 (3) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the that 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 3142.

SB49-SSA1,30 Section 30. Initial applicability.

SB49-SSA1,10,17 (1) Elimination of local prevailing wage law. This act first applies, with respect to a project of public works that is subject to bidding, to a project for which the request for bids is issued on the effective date of this subsection and, with respect to a project of public works that is not subject to bidding, to a project the contract for which is entered into on the effective date of this subsection.

SB49-SSA1,31 Section 31. Effective date.

SB49-SSA1,10,20 (1) Elimination of local prevailing wage law. This act takes effect on the January 1 after publication.

SB49-SSA1,10,21 (End)