AB632: Bill Text

AB632,16,15 66.293 (9) (a) When the department of industry, labor and human relations finds that a municipality local governmental unit has not requested a prevailing wage rate determination or that a local governmental unit, contractor or subcontractor has not physically incorporated a prevailing wage rate determination into the a contract or subcontract as required under this subsection section, the department shall notify the municipality local governmental unit, contractor or subcontractor of such noncompliance and shall file the prevailing wage rate determination with the municipality local governmental unit, contractor or subcontractor within 30 days after such notice.

AB632, s. 17 Section 17. 66.293 (3) (k) of the statutes is renumbered 66.293 (10) (d) and amended to read:

AB632,16,21 66.293 (10) (d) The provisions of s. Section 101.02 (5) (f), (12), (13) and (14) apply applies to this subsection section. Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this subsection section, including proceedings under par. sub. (11) (a).

AB632, s. 18 Section 18. 66.293 (3) (m) of the statutes is renumbered 66.293 (10) (c) and amended to read:

AB632,17,9 66.293 (10) (c) If requested by any person, the department shall inspect the payroll records of the contractors, subcontractors or agents performing work on a project that is subject to this section to ensure compliance with this section. The cost of the inspection shall be paid by the person making the request, if If the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is a person specified in sub. (4), the department shall charge the person making the request the actual cost of the inspection. If the contractor, subcontractor or agent subject to the inspection is found to be in compliance and if the person making the request is not a person specified in sub. (4), the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater.

AB632, s. 19 Section 19. 66.293 (3) (n) of the statutes is renumbered 66.293 (12) and amended to read:

AB632,18,4 66.293 (12) (title) Debarment. (a) Except as provided under subds. 2. and 3. pars. (b) and (c), the department of industry, labor and human relations shall notify any municipality local governmental unit applying for a determination under sub. (3) (intro.) and any municipality local governmental unit exempted under par. (d) sub. (6) of the names of all persons whom the department has found to have failed to pay the prevailing wage rate determined under this subsection sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked on a project in excess of the prevailing hours of labor determined under this subsection sub. (3) at any time in the preceding 3 years. The department shall include with any such name the address of such person and shall specify when and how such person has failed to pay the prevailing wage rate determined under this subsection and when and how such person has failed to pay less than 1.5 times the hourly basic rate of pay for all hours worked on a project in excess of the prevailing hours of labor determined under this subsection. No municipality local governmental unit may award any contract to such person unless otherwise recommended by the department or unless at least 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.

AB632,18,10 (b) The department may not include in a notification under subd. 1. par. (a) the name of any person on the basis of having let work to a person whom the department has found to have failed to pay the prevailing wage rate determined under this subsection sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked on a project in excess of the prevailing hours of labor determined under this subsection sub. (3).

AB632,18,14 (c) This paragraph 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.

AB632,18,23 (d) Any person submitting a bid on a project that is subject to this section shall be required, on the date the person submits the bid, to identify any construction business in which the person, or a shareholder, officer, partner or member of the person, if the person is a business, owns, or has owned at least a 25% interest on the date the person submits the bid or at any other time within 3 years preceding the date the person submits the bid, if the business has been found to have failed to pay the prevailing wage rate determined under this subsection sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked on a project in excess of the prevailing hours of labor determined under this subsection sub. (3).

AB632,18,25 (e) The department shall promulgate rules to administer this paragraph subsection.

AB632, s. 20 Section 20. 66.293 (4) of the statutes is created to read:

AB632,19,6 66.293 (4) Covered employes. (a) All of the following employes shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater number of hours per calendar week than the prevailing hours of labor determined under sub. (3), unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:

AB632,19,14 1. All laborers, workers, mechanics and truck drivers employed on the site of a project that is subject to this section, or employed in delivering mineral aggregate such as sand, gravel or stone that is immediately incorporated into the work, and not stockpiled or further transported by truck, on the site of a project that is subject to this section by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle, or employed in transporting excavated material or spoil from and returning to the site of a project that is subject to this section.

AB632,19,19 2. All laborers, workers, mechanics and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies or equipment on the site of a project that is subject to this section or from a facility dedicated exclusively, or nearly so, to the project by a contractor, subcontractor, agent or other person performing any work on the site of the project.

AB632,20,2 (b) Notwithstanding par. (a), a laborer, worker, mechanic or truck driver who is regularly employed in the processing, manufacturing or delivery of materials or products by or for a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3).

AB632,20,7 (c) Notwithstanding par. (a), a person who volunteers to perform work on a project that is subject to this section is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3).

AB632, s. 21 Section 21. 66.293 (5) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB632,20,17 66.293 (5) Nonapplicability. This section does not apply to any public works project, including highway, street or bridge construction, to which 40 USC 276a applies or to any public works project involving more than one trade for which the estimated project cost of completion is below $200,000 or an amount determined by the department under this subsection. The department shall adjust that dollar amount every 2 years, the first adjustment to be made not sooner than January 1, 2001. The adjustments shall be in proportion to any changes in construction costs since the effective date of the dollar amounts established under this subsection.

AB632, s. 22 Section 22. 66.293 (7) of the statutes is created to read:

AB632,21,3 66.293 (7) Hardship exception. If a local governmental unit believes that the payment of any prevailing wage rate determined under sub. (3) for a project that is subject to this section would pose a dire financial hardship for the local governmental unit, the local governmental unit may request the secretary to reduce that prevailing wage rate for that project. If the secretary determines that payment of that prevailing wage rate for the project would pose a dire financial hardship for the local governmental unit, the secretary may reduce that prevailing wage rate for the project by not more than 20%. A party aggrieved by a determination of the secretary under this subsection may request judicial review of that determination under s. 227.52.

AB632, s. 23 Section 23. 66.293 (9) (title) of the statutes is created to read:

AB632,21,5 66.293 (9) (title) Compliance.

AB632, s. 24 Section 24. 66.293 (10) (title) of the statutes is created to read:

AB632,21,7 66.293 (10) (title) Records; inspection; enforcement.

AB632, s. 25 Section 25. 66.293 (11) (title) of the statutes is created to read:

AB632,21,9 66.293 (11) (title) Liability and penalties.

AB632, s. 26 Section 26. 66.293 (11) (b) of the statutes is created to read:

AB632,21,14 66.293 (11) (b) 1. Except as provided in subds. 2. and 4., any contractor, subcontractor or agent thereof who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any such violation continues shall be considered a separate offense.

AB632,21,22 2. Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the individual is entitled under the contract governing such project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from such employment or by any other means is guilty of an offense under s. 946.15 (1).

AB632,22,6 3. Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or agent thereof to pay him or her less than the prevailing wage rate set forth in the contract governing such project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

AB632,22,14 4. 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 and deposited with a labor organization for the purpose of subsidizing bids on other projects by threat not to employ or admit to labor organization membership, by threat of dismissal from such employment or labor organization membership or by any other means is guilty of an offense under s. 946.15 (3).

AB632,22,19 5. 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 and deposited with a labor organization for the purpose of subsidizing bids on other projects is guilty of an offense under s. 946.15 (4).

AB632, s. 27 Section 27. 103.49 (1) (title) of the statutes is created to read:

AB632,22,21 103.49 (1) (title) Definitions.

AB632, s. 28 Section 28. 103.49 (1) (a) of the statutes is amended to read:

AB632,23,2 103.49 (1) (a) "Area" means the county or other locality from which labor for any project would normally be secured in which a proposed project that is subject to this section is located and those counties that are contiguous to that county or, if the department modifies a wage determination under sub. (3) (c), "area" means the city, village or town in which a proposed project that is subject to this section is located.

AB632, s. 29 Section 29. 103.49 (1) (b) of the statutes is amended to read:

AB632,23,7 103.49 (1) (b) "Hourly basic rate of pay" means the hourly wage paid to any employe, excluding any contributions or payments for health and welfare insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefits, whether paid directly or indirectly.

AB632, s. 30 Section 30. 103.49 (1) (c) of the statutes is renumbered 103.49 (1) (c) (intro.) and amended to read:

AB632,23,15 103.49 (1) (c) (intro.) "Prevailing hours of labor" in for any trade or occupation in any area means the hours of labor per day and per week worked within the area by a larger number of workers than are employed in the trade or occupation for any other number of hours per day or week. In no event shall the prevailing hours of labor be deemed considered to be more than 8 hours per day nor more than 40 hours per week. or to include any hours worked on a Sunday or on any of the following holidays:

AB632, s. 31 Section 31. 103.49 (1) (c) 1. to 8. of the statutes are created to read:

AB632,23,17 103.49 (1) (c) 1. January 1.

AB632,23,18 2. The last Monday in May.

AB632,23,19 3. July 4.

AB632,23,20 4. The first Monday in September.

AB632,23,21 5. The 4th Thursday in November.

AB632,23,22 6. December 25.

AB632,23,23 7. The day before if January 1, July 4 or December 25 falls on a Saturday.

AB632,23,24 8. The day following if January 1, July 4 or December 25 falls on a Sunday.

AB632, s. 32 Section 32. 103.49 (1) (d) of the statutes is amended to read:

AB632,24,22 103.49 (1) (d) "Prevailing wage rate" in for any trade or occupation in any area means the hourly basic rate paid of pay, plus the hourly contribution for health and welfare insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, whether paid directly or indirectly, to for a majority of all persons employed the hours worked in the trade or occupation in the area on the erection, construction, remodeling, repairing or demolition of any building in the area that is not subject to this section or on any other project, other than public highway or bridge construction or maintenance, in the area that is not subject to this section, or if there is no rate at which a majority are employed of the hours worked in the trade or occupation on the erection, construction, remodeling, repairing or demolition of any building in the area that is not subject to this section or on any other project, other than public highway or bridge construction or maintenance, in the area that is not subject to this section is paid, then the prevailing wage rate shall be the rate which is paid to a larger number of employes than any other rate paid in the area for work in the trade or occupation average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits and any other bona fide economic benefit, paid directly or indirectly to all persons employed in that trade or occupation on the erection, construction, remodeling, repairing or demolition of any building in that area that is not subject to this section or on any other project, other than public highway or bridge construction or maintenance, in that area that is not subject to this section.

AB632, s. 33 Section 33. 103.49 (1) (e) of the statutes is created to read:

AB632,25,2 103.49 (1) (e) "State agency" means any office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts.

AB632, s. 34 Section 34. 103.49 (1) (f) of the statutes is created to read:

AB632,25,4 103.49 (1) (f) "Truck driver" includes an owner-operator of a truck.

AB632, s. 35 Section 35. 103.49 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB632,26,14 103.49 (2) (title) Prevailing wage rates and hours of labor. Any contract hereafter made for the erection, construction, remodeling or, repairing or demolition of any public building or for any other project of public works, except contracts for the construction or maintenance of public highways and bridges, to which the state, any department thereof or any public building corporation state agency or the University of Wisconsin Hospitals and Clinics Authority is a party shall contain a stipulation that no laborer, workman or mechanic employed directly upon the site of the work by the contractor or by any subcontractor, agent or other person, doing or contracting to do all or a part of the work, shall person described in sub. (2m) may be permitted to work a greater number of hours per day or per calendar week than the prevailing hours of labor determined pursuant to this section under sub. (3), except that any such laborer, workman or mechanic person may be permitted or required to work more than such prevailing number of hours per day and of labor per calendar week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1-1/2 1.5 times his or her hourly basic rate of pay; nor shall he may he or she be paid less than the prevailing wage rate in the same or most similar trade or occupation in the area wherein such public building or project of public works is situated; nor shall this section apply to wage rates and hours of employment of laborers, workmen or mechanics engaged in the processing or manufacture of materials or products or to the delivery thereof by or for commercial establishments which have a fixed place of business from which they regularly supply such processed or manufactured materials or products; except that this section shall apply to laborers, workmen or mechanics who deliver mineral aggregate such as sand, gravel or stone which is incorporated into the work under the contract by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle. The. The prevailing wage rates and prevailing hours of labor determined under sub. (3) shall be published in the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates, and prevailing hours of labor, and hourly basic rates of pay determined pursuant to this section under sub. (3) shall be set forth specifically in physically incorporated into and made a part of the contract and any subcontract and may not be changed during the time that the contract or subcontract is in force.

AB632, s. 36 Section 36. 103.49 (2m) of the statutes is created to read:

AB632,26,20 103.49 (2m) Covered employes. (a) All of the following employes shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater number of hours per calendar week than the prevailing hours of labor determined under sub. (3), unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:

AB632,27,3 1. All laborers, workers, mechanics and truck drivers employed on the site of a project that is subject to this section, or employed in delivering mineral aggregate such as sand, gravel or stone that is immediately incorporated into the work, and not stockpiled or further transported by truck, on the site of a project that is subject to this section by depositing the material substantially in place, directly or through spreaders, from the transporting vehicle, or employed in transporting excavated material or spoil from and returning to the site of a project that is subject to this section.

AB632,27,8 2. All laborers, workers, mechanics and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies or equipment on the site of a project that is subject to this section or from a facility dedicated exclusively, or nearly so, to the project by a contractor, subcontractor, agent or other person performing any work on the site of the project.

AB632,27,15 (b) Notwithstanding par. (a), a laborer, worker, mechanic or truck driver who is regularly employed in the processing, manufacturing or delivery of materials or products by or for a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3).

AB632,27,20 (c) Notwithstanding par. (a), a person who volunteers to perform on a project that is subject to this section is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under sub. (3).

AB632, s. 37 Section 37. 103.49 (3) (title) of the statutes is created to read:

AB632,27,22 103.49 (3) (title) Investigation; determination.

AB632, s. 38 Section 38. 103.49 (3) of the statutes is renumbered 103.49 (3) (a) and amended to read:

AB632,28,19 103.49 (3) (a) Before bids are asked for any work to which this section applies, the department or officer state agency having the authority to prescribe the specifications shall request the department to ascertain the prevailing wage rates, and prevailing hours of labor and hourly basic rates of pay for all trades and occupations for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall make such investigations and hold such public hearings as may be necessary to enable it to ascertain define the trades or occupations that are commonly employed on projects of public works and to inform itself as to the hours of labor and wage rates prevailing in all areas of the state for those trades or occupations with a view to ascertaining the prevailing wage rate, and prevailing hours of labor and hourly basic rate of pay for each such trade or occupation. It The department shall make its determination within 30 days after receipt of the request and shall file the same with the department or officer state agency applying therefor. The prevailing hours of labor, and the prevailing wage rates, the hourly basic rates of pay and trades or occupations for all labor involved in each project to which this section is applicable shall, together with the provisions of subs. (2) and (4) (6m), be kept posted on the project by the employer state agency in at least one conspicuous place for the information of the employes working on the project.

AB632, s. 39 Section 39. 103.49 (3) (b) of the statutes is created to read:

AB632,29,6 103.49 (3) (b) Any person may request a review of any portion of a wage determination within 30 days after the determination date if the person submits evidence with the request showing that the prevailing wage rate or prevailing hours of labor for any given trade or occupation included in the determination does not represent the prevailing wage rate or prevailing hours of labor for that trade or occupation in the area where the proposed project is located. That evidence shall include wage rate and hours of labor information for the contested trade or occupation on at least one similar project located in the area where the proposed project is located and on which some work has been performed within the previous 12 months. The department shall affirm or modify the original determination within 15 days after the date on which the department receives the request for review.

AB632, s. 40 Section 40. 103.49 (3) (c) of the statutes is created to read:

AB632,29,20 103.49 (3) (c) In addition to the review under par. (b), the state agency that requested the wage determination under this subsection may request a review of any portion of a wage determination within 30 days after the determination date if the state agency submits evidence with the request showing that the prevailing wage rate or prevailing hours of labor for any given trade or occupation included in the determination does not represent the prevailing wage rate or prevailing hours of labor for that trade or occupation in the city, village or town in which the proposed project is located. That evidence shall include wage rate and hours of labor information for the contested trade or occupation on at least 3 similar projects located in the city, village or town in which the proposed project is located and on which some work has been performed within the previous 12 months. The department shall affirm or modify the original determination within 15 days after the date on which the department receives the request for review.

AB632, s. 41 Section 41. 103.49 (3) (d) of the statutes is created to read:

AB632,30,2 103.49 (3) (d) The department shall withhold from inspection and copying under s. 19.35 (1) all personally identifiable information submitted to the department by contractors, subcontractors and agents thereof for the purpose of assisting the department in determining prevailing wage rates and prevailing hours of labor under this subsection.

AB632, s. 42 Section 42. 103.49 (3g) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB632,30,8 103.49 (3g) Nonapplicability. This section does not apply to any project to which 40 USC 276a applies or to any project involving more than one trade for which the estimated cost of completion is less than $200,000 or an amount determined by the department under s. 66.293 (5).

AB632, s. 43 Section 43. 103.49 (3r) of the statutes is created to read:

AB632,30,18 103.49 (3r) Hardship exception. If a state agency believes that the payment of any prevailing wage rate determined under sub. (3) for a project that is subject to this section would pose a dire financial hardship for the state agency, the state agency may request the secretary to reduce that prevailing wage rate for that project. If the secretary determines that payment of that prevailing wage rate for the project would pose a dire financial hardship for the state agency, the secretary may reduce that prevailing wage rate by not more than 20%. A party aggrieved by a determination of the secretary under this subsection may request judicial review of that determination under s. 227.52.

AB632, s. 44 Section 44. 103.49 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is repealed.

AB632, s. 45 Section 45. 103.49 (4r) of the statutes is created to read:

AB632,31,3 103.49 (4r) Compliance. (a) When the department finds that a state agency has not requested a prevailing wage rate determination or that a state agency, contractor or subcontractor has not physically incorporated a prevailing wage rate determination into a contract or subcontract as required under sub. (2), the department shall notify the state agency, contractor or subcontractor of such noncompliance and shall file the prevailing wage rate determination with the state agency, contractor or subcontractor within 30 days after such notice.

AB632,31,8 (b) Upon completion of a project and before final payment for completing a project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until that affidavit is filed in proper form and order.

AB632,31,21 (c) Upon completion of a project and before final payment for completing a project, each contractor shall file with the state agency authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit of compliance from each of the contractor's agents and subcontractors. A state agency may not authorize a final payment until such an affidavit is filed in proper form and order. If a state agency authorizes a final payment before such an affidavit is filed in proper form and order or if the department determines that any person specified in sub. (2m) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the state agency withhold all or part of the final payment, but the state agency fails to do so, the state agency is liable for all back wages payable up to the amount of the final payment.

AB632, s. 46 Section 46. 103.49 (5) (title) of the statutes is created to read:

AB632,31,23 103.49 (5) (title) Records; inspection; enforcement.

AB632, s. 47 Section 47. 103.49 (5) of the statutes is renumbered 103.49 (5) (b) and amended to read:

AB632,32,11 103.49 (5) (b) It shall be the duty of the department to enforce this section. To this end it may demand and examine, and it shall be the duty of every contractor and, subcontractor and agent thereof to furnish to the department, copies of any or all payrolls and may examine all other records and information relating to the wages paid laborers, workers, or mechanics on to persons described in sub. (2m) for work to which this section is applicable. The department may inspect records in the manner provided in ch. 101. Every contractor, subcontractor or agent participating in a project that is subject to this section is subject to the requirements of ch. 101 relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB632, s. 48 Section 48. 103.49 (5) (a) of the statutes is created to read:

AB632,32,17 103.49 (5) (a) Each contractor, subcontractor or agent thereof performing work on the site of a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid therefor.