AB632: Bill Text

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.

AB632, s. 49 Section 49. 103.49 (5) (c) of the statutes is created to read:

AB632,33,3 103.49 (5) (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. 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. (2m), 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. (2m), the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater.

AB632, s. 50 Section 50. 103.49 (6) of the statutes is renumbered 103.49 (3g) and amended to read:

AB632,33,11 103.49 (3g) (title) Nonapplicability. This section shall does not apply to a contractor or to work under a contract, described or referred to in sub. (2) if any project to which 40 USC 276a applies or to any project involving multiple trades for which the estimated cost of completing the project completion is less than the estimated cost of completion $150,000 or an amount determined by the department under s. 66.293 (3) (c) as adjusted by the department (5).

AB632, s. 51 Section 51. 103.49 (6m) of the statutes is created to read:

AB632,33,16 103.49 (6m) Liability and penalties. (a) Except as provided in pars. (b) and (d), 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.

AB632,33,24 (b) 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).

AB632,34,9 (c) 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).

AB632,34,17 (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 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).

AB632,34,22 (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 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. 52 Section 52. 103.49 (7) (title) of the statutes is created to read:

AB632,34,24 103.49 (7) (title) Debarment.

AB632, s. 53 Section 53. 103.49 (7) (a) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

AB632,35,18 103.49 (7) (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies, as defined in s. 20.001 (1), and to the University of Wisconsin Hospitals and Clinics Authority a list of persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (1) (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 sub. (1) (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 sub. (3). A state agency or the University of Wisconsin Hospitals and Clinics Authority may not award any contract to such person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

AB632, s. 54 Section 54. 103.49 (7) (b) of the statutes is amended to read:

AB632,35,25 103.49 (7) (b) The department may not include in a notification under 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 sub. (1) (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 sub. (1) (3).

AB632, s. 55 Section 55. 103.49 (7) (d) of the statutes is amended to read:

AB632,36,11 103.49 (7) (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, member, officer or partner 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 section 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 section sub. (3).

AB632, s. 56 Section 56. 103.50 (1) (a) of the statutes is amended to read:

AB632,36,16 103.50 (1) (a) "Area" means the locality from which labor for any project within such area would normally be secured means the county in which a proposed project that is subject to this section is located and those counties that are contiguous to that county.

AB632, s. 57 Section 57. 103.50 (1) (b) of the statutes is amended to read:

AB632,36,21 103.50 (1) (b) "Hourly basic rate of pay" means the hourly wage paid to any employe, excluding any contributions or payments for health and welfare benefits, vacation benefits, pension benefits and any other economic benefits, whether paid directly or indirectly has the meaning given in s. 103.49 (1) (b).

AB632, s. 58 Section 58. 103.50 (1) (c) of the statutes is amended to read:

AB632,37,3 103.50 (1) (c) "Prevailing hours of labor" means the hours of labor per day and per week worked within the area by a larger number of workers of the same class than are employed within the area for any other number of hours per day and per week. In no event shall the prevailing hours of labor be deemed to be more than 8 hours per day nor more than 40 hours per week has the meaning given in s. 103.49 (1) (c).

AB632, s. 59 Section 59. 103.50 (1) (d) of the statutes is amended to read:

AB632,37,21 103.50 (1) (d) "Prevailing wage rate" for any trade or occupation in any area means the hourly basic rate 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, paid to the largest number of workers engaged in the same class of labor within the area, including rental rates for truck hire paid to those who own and operate the truck. In no event shall the prevailing wage rate for any class of labor be deemed to be less than a reasonable and living wage, nor shall truck rental rates established pursuant to this provision be subject to the provisions of sub. (2) relating to hours worked in excess of the prevailing hours when operated in excess of 8 hours in any one day or 40 hours in any one week for a majority of the hours worked in the trade or occupation in the area, or if there is no rate at which a majority of the hours worked in the trade or occupation in the area is paid, then the prevailing wage rate shall be the 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 in that area.

AB632, s. 60 Section 60. 103.50 (1) (e) of the statutes is created to read:

AB632,37,23 103.50 (1) (e) "Truck driver" has the meaning given in s. 103.49 (1) (f).

AB632, s. 61 Section 61. 103.50 (2) of the statutes is amended to read:

AB632,38,21 103.50 (2) (title) Hours Prevailing wage rates and hours of labor. No laborer or mechanic person described in sub. (2m) in the employ of the a contractor or of any, subcontractor, agent or other person doing or contracting to do all or a part of the work performing any work on a project under a contract based on bids as provided in s. 84.06 (2) to which the state is a party for the construction or improvement of any highway shall may be permitted to work a longer number of hours per day or per calendar week than the prevailing hours of labor determined pursuant to this section; nor shall he under sub. (3); nor may he or she be paid a lesser rate of wages than the prevailing wage rate of wages thus determined, for in the area in which the work is to be done; except that any such laborer 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. This section shall not apply to wage rates and hours of employment of laborers 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 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.

AB632, s. 62 Section 62. 103.50 (2m) of the statutes is created to read:

AB632,39,2 103.50 (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:

AB632,39,10 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.

AB632,39,15 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.

AB632,39,22 (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, s. 63 Section 63. 103.50 (3) (a) of the statutes is amended to read:

AB632,40,7 103.50 (3) (a) The department shall conduct investigations and hold public hearings necessary to define classes of laborers and mechanics the trades or occupations that are commonly employed in the highway construction industry and to inform itself as to the hours of labor and prevailing wage rates and prevailing hours of labor in all areas of the state for all classes of labor and mechanics commonly employed in highway construction work, with a view to ascertaining and determining prevailing hours of labor, those trades or occupations, in order to ascertain and determine the prevailing wage rates and hourly basic rates of pay prevailing hours of labor accordingly.

AB632, s. 64 Section 64. 103.50 (3) (b) of the statutes is repealed and recreated to read:

AB632,40,19 103.50 (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. 65 Section 65. 103.50 (3) (c) of the statutes is created to read:

AB632,40,25 103.50 (3) (c) 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. 66 Section 66. 103.50 (3g) of the statutes is created to read:

AB632,41,3 103.50 (3g) Nonapplicability. This section does not apply to any project described in sub. (2) that is subject to 40 USC 276a.

AB632, s. 67 Section 67. 103.50 (4) of the statutes is amended to read:

AB632,41,20 103.50 (4) (title) Certification of prevailing wage rates and hours and wages of labor. The department of industry, labor and human relations shall prior to May 1 of the current each calendar year certify to the department of transportation the prevailing hours of labor, the prevailing wage rate rates and the hourly basic rate of pay for all such classes of laborers and mechanics prevailing hours of labor in each area for all trades or occupations commonly employed in the highway construction industry. The certification shall in addition to the current prevailing hours of labor, the prevailing wage rates and the hourly basic rates of pay prevailing hours of labor include future hours and prevailing wage rates and prevailing hours of labor when such hours and prevailing wage rates and prevailing hours of labor can be determined for any such classes of laborers and mechanics trade or occupation in any area and shall specifically set forth specify the effective dates thereof when date of certification of those future hours and rates are certified prevailing wage rates and prevailing hours of labor. If a construction project extends into more than one area there shall be but one standard of hours of labor and prevailing wage rates and prevailing hours of labor for the entire project.

AB632, s. 68 Section 68. 103.50 (5) of the statutes is amended to read:

AB632,42,2 103.50 (5) Appeals to governor. If the department of transportation deems considers any determination of the department of industry, labor and human relations as to the prevailing hours of labor, prevailing wage rates and the hourly basic rates of pay prevailing hours of labor in an area to have been incorrect, it may appeal to the governor, whose determination shall be final.

AB632, s. 69 Section 69. 103.50 (6) of the statutes is amended to read:

AB632,42,16 103.50 (6) Contents of contracts. The prevailing hours of labor, the prevailing wage rates and the hourly basic rates of pay and classifications for all labor as certified by the department shall be specifically set forth in the proposals and contracts for each highway construction contract to which the state is a party prevailing hours of labor determined under sub. (3) shall be published in the notice issued for the purpose of securing bids for a 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 determined under sub. (3) shall be physically incorporated into and made a part of the contract or any subcontract, and may not be changed during the time that the contract or subcontract is in force and shall, together with the provisions of sub. subs. (2) and (7), be kept posted on the project by the employer department of transportation in at least one conspicuous place for the information of employes working on the project.

AB632, s. 70 Section 70. 103.50 (7) (a) of the statutes is amended to read:

AB632,42,21 103.50 (7) (a) Except as provided in par. pars. (b) and (d), any contractor, subcontractor or agent thereof who violates this section may be fined not less than $50 nor more than $200 or imprisoned for not more than 18 6 months or both. Each day that any such violation continues shall be deemed considered a separate offense.

AB632, s. 71 Section 71. 103.50 (7) (b) of the statutes is amended to read:

AB632,43,6 103.50 (7) (b) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up or forego, waive or return any part of the wages to which he or she 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, s. 72 Section 72. 103.50 (7) (c) of the statutes is amended to read:

AB632,43,16 103.50 (7) (c) Any person employed on a project under a contract that is subject to this section who knowingly permits the a contractor or, subcontractor or agent thereof to pay him or her less than the prevailing wage rate set forth in the contract, or 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, s. 73 Section 73. 103.50 (7) (d) and (e) of the statutes are created to read:

AB632,43,25 103.50 (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 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).

AB632,44,5 (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 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. 74 Section 74. 103.50 (8) of the statutes is amended to read:

AB632,44,17 103.50 (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 every contractor and, subcontractor and agent thereof shall furnish, copies of any 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 specified in sub. (2m) for work to which this section is applicable. 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.

AB632, s. 75 Section 75. 227.01 (13) (t) of the statutes is amended to read:

AB632,44,24 227.01 (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. 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. 103.49 and 103.50 is subject to judicial review under s. 227.40.

AB632, s. 76 Section 76. 946.15 (1) of the statutes is amended to read:

AB632,45,14 946.15 (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 made 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 determination made 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 made 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 made and on a project on which a prevailing wage rate determination has not been made, is guilty of a Class E felony.

AB632, s. 77 Section 77. 946.15 (2) of the statutes is amended to read:

AB632,46,4 946.15 (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 made 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 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 made 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 made and part-time on a project on which a prevailing wage rate determination has not been made, is guilty of a Class C misdemeanor.

AB632, s. 78 Section 78. 946.15 (3) of the statutes is created to read:

AB632,46,15 946.15 (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 made 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 made by the department or local governmental unit to be deducted from the person's pay and deposited with the labor organization for the purpose of subsidizing bids on other projects is guilty of a Class E felony.

AB632, s. 79 Section 79. 946.15 (4) of the statutes is created to read:

AB632,46,24 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been made 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 made by the department or local governmental unit 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 a Class C misdemeanor.

AB632, s. 80 Section 80 . Nonstatutory provisions.

AB632,47,11 (1)  Certification of prevailing wage rates and hours of labor. Notwithstanding section 103.50 (4) of the statutes, as affected by this act, the department of industry, labor and human relations shall certify to the department of transportation, within 90 days after the effective date of this subsection, the prevailing hours of labor, as defined in section 103.49 (1) (c) of the statutes, as affected by this act, and the prevailing wage rate, as defined in section 103.49 (1) (d) of the statutes, as affected by this act, for all trades or occupations that are commonly employed in the highway construction industry in each area, as defined in section 103.49 (1) (a) of the statutes, as affected by this act, of the state in accordance with the methodologies provided in section 103.49 (1) (c) and (d) of the statutes, as affected by this act.

AB632, s. 81 Section 81. Initial applicability.

AB632,47,17 (1)   Collective bargaining agreements. 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.

AB632,47,24 (2)  State highway projects. Subject to subsection (1) , the prevailing hours of labor and prevailing wage rates certified by the department of industry, labor and human relations under Section 80 of this act first apply to work performed on a project that is subject to section 103.50 of the statutes, as affected by this act, 60 days after the date on which the department of transportation receives those certified prevailing hours of labor and prevailing wage rates from the department of industry, labor and human relations.

AB632, s. 82 Section 82. Effective dates. This act takes effect on the day after publication, except as follows:

AB632,48,4 (1)  The repeal and recreation of sections 66.293 (5) and 103.49 (3g) of the statutes takes effect on January 1, 1999.

AB632,48,5 (End)