SB436: Bill Text

SB436,138,9 2. Be paid less than the prevailing wage rate in the same or most similar trade or occupation in the area wherein such the public building or project of public works is situated; nor shall this.

SB436,138,18 (b) This section does not 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.

SB436,138,21 (c) Each contract described in par. (a) (intro.) shall specifically set forth the prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay determined pursuant to this section shall be set forth specifically in the contract.

Note: Subdivides provision and replaces language for greater readability and conformity with current style. The term "workman" is retained to avoid any inference that a substantive change is being made.

SB436, s. 349 Section 349. 103.49 (4) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,139,15 103.49 (4) Any officer or employe of the state or of the University of Wisconsin Hospitals and Clinics Authority who publishes any specifications or executes any contract for the erection, construction, remodeling or repairing of any public building or of any other project of public works as defined in sub. (2) (a) (intro.), to which the state, any department thereof, any public building corporation or the University of Wisconsin Hospitals and Clinics Authority is a party without complying with this section and any contractor, subcontractor or agent thereof who, after executing a contract in compliance with this section, pays to any laborer, workman or mechanic employed directly upon the site of the work in his or their the employ of the contractor, subcontractor or agent a lesser wage for work done under such the contract than the prevailing wage rate as set forth in the contract shall be fined not more than $200 or imprisoned for not more than 6 months or both. Such The agent or subcontractor shall furnish to the contractor evidence of compliance with this section. Each day any violation of this subsection continues shall be deemed a separate offense.

Note: Renders provision gender neutral and replaces language not in conformity with current style.

SB436, s. 350 Section 350. 103.49 (6) of the statutes is amended to read:

SB436,139,20 103.49 (6) This section shall not apply to a contract, or to work under a contract, described or referred to in sub. (2) (a) (intro.) if the estimated cost of completing the project is less than the estimated cost of completion under s. 66.293 (3) (c) as adjusted by the department.

SB436, s. 351 Section 351. 103.50 (2) of the statutes is renumbered 103.50 (2) (a) and amended to read:

SB436,140,6 103.50 (2) (a) No laborer or mechanic in the employ of the contractor or of any subcontractor, agent or other person doing or contracting to do all or a part of the work 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 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.

SB436,140,12 (b) No laborer or mechanic described in par. (a) shall be paid a lesser rate of wages than the prevailing rate of wages thus determined, for the area in which the work is to be done; except that any such laborer or mechanic may be permitted or required to work more than such the prevailing number of hours per day and per calendar week if he the laborer or mechanic is paid for all hours in excess of the prevailing hours at a rate of at least 1-1/2 times his or her hourly basic rate of pay.

SB436,140,20 (c) 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.

Note: Subdivides provision and replaces language for greater readability and conformity with current style.

SB436, s. 352 Section 352. 103.51 of the statutes is renumbered 103.51 (intro.) and amended to read:

SB436,141,3 103.51 Public policy as to collective bargaining. (intro.) In the interpretation and application of ss. 103.51 to 103.62 the public policy of this state is declared as follows:

SB436,141,16 (1) Negotiation of terms and conditions of labor should result from voluntary agreement between employer and employes. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers, the individual unorganized worker is helpless to exercise actual liberty of contract and to protect his or her freedom of labor, and thereby to obtain acceptable terms and conditions of employment. Therefore it is necessary that the individual workman worker have full freedom of association, self-organization, and the designation of representatives of his the worker's own choosing, to negotiate the terms and conditions of his the worker's employment, and that he the worker shall be free from the interference, restraint or coercion of employers of labor, or their agents, in the designation of such representatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

Note: Renders provision gender neutral and terminology consistent.

SB436, s. 353 Section 353. 103.62 (1) of the statutes is renumbered 103.62 (1) (intro.) and amended to read:

SB436,141,23 103.62 (1) (intro.) A case shall be held to involve or to grow out of a labor dispute when the case involves persons who are engaged in a single industry, trade, craft, or occupation; or who are employes of one employer; or who are members of the same or an affiliated organization of employers or employes; whether such dispute is any of the following:

SB436,142,2 (a) between Between one or more employers or associations of employers and one or more employes or associations of employes;.

SB436,142,4 (b) between Between one or more employers or associations of employers and one or more employers or associations of employers; or .

SB436,142,6 (c) between Between one or more employes or associations of employes and one or more employes or associations of employes; or when the case involves.

SB436,142,9 (d) Between any conflicting or competing interests in a "labor dispute" (, as defined in sub. (3)), of "persons participating or interested" therein (, as defined in sub. (2)).

Note: Renumbers provision and deletes parentheses for greater conformity with current style.

SB436, s. 354 Section 354. 103.68 (2) of the statutes is amended to read:

SB436,142,15 103.68 (2) No minor under sixteen 16 shall be employed or permitted to work in any gainful occupation other than domestic service or farm labor more than twenty-four 24 hours in any one week, nor, except in domestic service, farm labor, or in public exhibitions as defined in s. 103.78, or in street trades as defined in s. 103.21, before seven A.M. 7 a.m. nor after six P.M 6 p.m.

Note: Inserts digits and lower case letters consistent with current style.

SB436, s. 355 Section 355. 103.68 (3) of the statutes is amended to read:

SB436,142,21 103.68 (3) At least 30 minutes shall be allowed for each meal period which shall commence reasonably close to 6 a.m., 12 m. noon, 6 p.m. or 12 p.m. midnight or approximately midway of any work period or at such other times as deemed reasonable by the department. No minor under age 18 shall be employed or permitted to work more than 6 consecutive hours without a meal period.

Note: Replaces language for consistency with current style.

SB436, s. 356 Section 356. 103.90 (4) of the statutes is amended to read:

SB436,143,6 103.90 (4) "Migrant labor contractor" means any person, who, for a fee or other consideration, on behalf of another person, recruits, solicits, hires, or furnishes migrant workers (, excluding members of the contractor's immediate family), for employment in this state. Such term "Migrant labor contractor" shall not include an employer or any full-time regular employes of an employer who engages in any such activity for the purpose of supplying workers solely for the employer's own operation.

Note: Replaces parentheses and nonspecific reference consistent with current style.

SB436, s. 357 Section 357. 106.04 (2r) (a) 5. of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

SB436,143,12 106.04 (2r) (a) 5. "Remodeling" has the meaning given in s. 101.13 (6) (a) means to substantially improve, alter, extend or otherwise change the structure of a building or change the location of exits, but shall not include maintenance, redecoration, reroofing or alteration of mechanical or electrical systems.

Note: See the note to the treatment of s. 101.13 (6) (a) by this bill.

SB436, s. 358 Section 358. 106.25 (2) of the statutes, as affected by 1995 Wisconsin Act 27, section 3726, is amended to read:

SB436,143,22 106.25 (2) Death and disability benefits. If the department finds that the injury or death of a state or local government officer or employe arose out of the performance of duties in connection with a public insurrection, and finds that death or disability benefits are payable under ch. 102, a supplemental award equal to the amount of the benefits (, other than medical expense), payable under ch. 102 shall be made to the persons and in the same manner provided by ch. 102, except that when benefits are payable under s. 102.49, a supplemental award equal to one-half the benefits payable under that section shall be made.

Note: Replaces parentheses consistent with current style.

SB436, s. 359 Section 359. 108.02 (15) (b) (intro.) of the statutes is amended to read:

SB436,144,5 108.02 (15) (b) (intro.) The term "employment" shall include an individual's entire service (performed within, or partly within and partly outside, Wisconsin), if such service is "localized" in Wisconsin; and shall also include such service, if it is not "localized" in any state but is performed partly within Wisconsin, and if:

Note: Deletes parentheses for greater conformity with current style.

SB436, s. 360 Section 360. 108.02 (15) (dn) (intro.) of the statutes is amended to read:

SB436,144,11 108.02 (15) (dn) (intro.) "Employment" includes the service of an individual who is a citizen of the United States, performed outside the United States (, except in Canada), in the employ of an American employer, other than service which is deemed "employment" under par. (b), (c) or (d) or the parallel provisions of another state's law, if:

SB436, s. 361 Section 361. 108.02 (21) (c) of the statutes is amended to read:

SB436,144,17 108.02 (21) (c) If the federal unemployment tax is amended to apply to a higher amount of wages (paid to an individual during a calendar year) than the amount specified in par. (b), then such the higher amount shall likewise apply under par. (b), as a substitute for the amount there specified, starting with the same period to which such the federal amendment first applies.

Note: Deletes parentheses for greater conformity with current style.

SB436, s. 362 Section 362. 108.14 (6) of the statutes is amended by replacing "accounts (without naming any employer) and covering" with "accounts, without naming any employer, and covering".

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 363 Section 363. 108.14 (15) of the statutes is amended by replacing "state (rather than national) action" with "state, rather than national, action".

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 364 Section 364. 108.141 (1) (d) of the statutes is amended to read:

SB436,145,5 108.141 (1) (d) "Extended benefits" means benefits (, including benefits payable to federal civilian employes and to individuals who were formerly engaged in federal service pursuant to 5 USC ch. 85), payable to an individual under this section for weeks of unemployment in that individual's eligibility period.

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 365 Section 365. 108.16 (4) of the statutes is renumbered 108.16 (4) (a) and amended to read:

SB436,145,19 108.16 (4) (a) Consistently with sub. (5), all contributions payable to the unemployment reserve fund shall be paid to the department, and shall promptly be deposited by the department to the credit of the unemployment reserve fund, with such custodians as that the department may from time to time select, who shall hold, release and transfer the fund's cash in a manner approved by the department. Payments from said the fund shall be made upon vouchers or drafts authorized by the department, in such the manner as that the department may from time to time approve or prescribe. Any procedure thus approved or prescribed shall be deemed considered to satisfy (, and shall be in lieu of), any and all statutory requirements (, for specific appropriation or other formal release by state officers of state moneys prior to their expenditure), which might otherwise be applicable to withdrawals from the fund.

SB436,145,23 (b) The department shall designate a treasurer of the unemployment reserve fund, who shall be either a regular salaried employe of the department or the state treasurer and shall serve as treasurer of the fund until a successor designated by the department has assumed the duties of this office.

SB436,146,9 (c) The treasurer of the fund shall give a separate bond conditioned upon the faithful performance of these duties pursuant to s. 19.01 (2), which bond shall be deemed considered likewise conditioned upon the faithful performance by his or her subordinates of their duties, in such amount as may be fixed by the department. All premiums upon the bond required pursuant to this section when furnished by an authorized surety company or by a duly constituted governmental bonding fund shall (, except as otherwise provided in this section), be paid from the interest earnings of the unemployment reserve fund, but shall not exceed one-fourth of one percent, per year, of the amount of said the bond.

Note: Subdivides provision and replaces language parentheses for greater readability and conformity with current style.

SB436, s. 366 Section 366. 108.16 (5) (a) of the statutes is amended to read:

SB436,146,18 108.16 (5) (a) All money received for the fund shall promptly upon such receipt be deposited to its the fund's credit in the "Unemployment Trust Fund" of the United States, in such the manner as that the secretary of the treasury of the United States (, or other authorized custodian of said trust fund) the U.S. unemployment trust fund, may approve, so long as said trust fund the U.S. unemployment trust fund exists and maintains for this state a separate book account (, for the purposes of this chapter), from which no other state or agency can make withdrawals, any other statutory provision to the contrary notwithstanding.

Note: Replaces language and parentheses for greater readability and conformity with current style.

SB436, s. 367 Section 367. 108.16 (6) (a) of the statutes is amended to read:

SB436,146,22 108.16 (6) (a) All interest earnings, on moneys belonging to the fund, received by (, or duly apportioned to) , the fund, as of the close of the quarter in which such the interest accrued.

Note: Replaces language parentheses for greater readability and conformity with current style.

SB436, s. 368 Section 368. 108.161 (4) (intro.) of the statutes is amended by replacing "pursuant to (and after the effective date of) a specific" with "pursuant to, and after the effective date of, a specific".

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 369 Section 369. 108.161 (6) of the statutes is amended by replacing "shall (until spent) be deemed part" with "shall, until spent, be considered part".

Note: Replaces parentheses and language for greater conformity with current style.

SB436, s. 370 Section 370. 108.161 (8m) of the statutes is amended by replacing "financed (or for equivalent substitute quarters) shall" with "financed, or for equivalent substitute quarters, shall".

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 371 Section 371. 108.18 (2) (b) 2. of the statutes is amended to read:

SB436,147,11 108.18 (2) (b) 2. As of the next June 30 computation date was overdrawn (, with a negative reserve percentage).

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 372 Section 372. 111.02 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended by replacing "employer (employed within the state), except" with "employer, employed within the state, except".

Note: Deletes parentheses for greater conformity with current style.

SB436, s. 373 Section 373. 111.06 (1) (g) of the statutes is amended by replacing "determination (after appeal, if any) of any tribunal" with "determination, after appeal, if any, of any tribunal".

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 374 Section 374. 111.06 (2) (c) of the statutes is amended to read:

SB436,148,2 111.06 (2) (c) To violate the terms of a collective bargaining agreement (, including an agreement to accept an arbitration award).

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 375 Section 375. 111.06 (2) (d) of the statutes is amended by replacing "determination (after appeal, if any) of any tribunal" with "determination, after appeal, if any, of any tribunal".

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 376 Section 376. 111.07 (6) of the statutes is amended by replacing "award (whether made by an individual commissioner, an examiner, or by the commission as a body) at any time" with "award, whether made by an individual commissioner, an examiner, or by the commission as a body, at any time".

Note: Replaces parentheses for greater conformity with current style.

SB436, s. 377 Section 377. 111.11 of the statutes, as affected by 1995 Wisconsin Act 27, section 3787u, is renumbered 111.11 (1).

Note: Section 111.11 (1) is renumbered s. 111.11 by 1995 Wis. Act 27 effective on the date after publication. The remainder of the section is renumbered to another section effective 7-1-97. Through an error, section 9459 (2) (c) provides that s. 111.11 (title), which is not treated by Act 27, rather than s. 111.11 (1) is effective 7-1-97. The following section of this bill recreates the renumbering of s. 111. 11 (1) effective 7-1-97.

SB436, s. 378 Section 378 . 111.11 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 111.11.