LRB-4813/1
JTK/MES/PEN/PG:jlg:lp
1997 - 1998 LEGISLATURE
February 25, 1998 - Introduced by Senator Welch, cosponsored by
Representatives Owens, Grothman, Seratti, Ladwig, Ainsworth, F. Lasee,
Nass and Schafer. Referred to Committee on Labor, Transportation and
Financial Institutions.
SB476,1,9
1An Act to renumber 59.52 (29) (a) and 60.47 (1) (a);
to renumber and amend
261.55;
to amend 13.48 (19), 16.854 (3), 59.52 (29) (b), 66.949 (3), 84.06 (2) (a),
386.31 (2) (b), 119.04 (1), 229.44 (4) (d) and 229.68 (4) (d); and
to create 16.855
4(14m), 20.931, 59.52 (29) (ac), 59.52 (29) (c) and (d), 60.47 (1) (ac), 60.47 (5m),
561.55 (title), 61.55 (1), 61.55 (3), 62.15 (1e), 62.15 (15), 66.20 (3s), 66.24 (5m),
666.88 (5s), 66.904 (6), 85.017, 118.265, 229.41 (8m), 229.46 (8), 229.65 (6m) and
7229.682 (9) of the statutes;
relating to: requirements concerning participation
8by labor organizations in public construction contracts and the expenditure of
9public grant moneys.
Analysis by the Legislative Reference Bureau
This bill requires the department of administration, or the secretary of
transportation with respect to transportation-related projects, to ensure that the
specifications for bids and contracts for state construction projects and construction
projects of local professional baseball park districts do not:
1. Require any bidder, contractor or subcontractor to enter into or to adhere to
an agreement with any labor organization concerning services to be performed in
relation to the project or a related project.
2. Discriminate against any bidder, contractor or subcontractor for refusing to
enter into or continue to adhere to an agreement with any labor organization
concerning services to be performed in relation to the project or a related project.
3. Require any bidder, contractor or subcontractor to enter into or continue to
adhere to or enforce any agreement that requires its employes, as a condition of
employment, to:
a. Become members of or become affiliated with a labor organization.
b. Make payments to a labor organization, without the authorization of the
employes, exceeding the employes' proportionate share of the cost of collective
bargaining, contract administration and grievance adjustment.
The bill permits any taxpayer of this state or any other person who enters into
contracts or subcontracts for building construction services or
transportation-related construction services to bring a lawsuit to require
compliance with these requirements. If that person prevails in his or her lawsuit,
the bill provides that the court shall award to that person reasonable actual attorney
fees in addition to other costs that are currently allowed to prevailing parties in
lawsuits against nonstate entities.
The bill also prohibits any state agency from conditioning the award of any
state grant upon any agreement by the recipient:
1. To enter into or continue to adhere to an agreement with any labor
organization concerning services to be funded under the grant.
2. To enter into or continue to adhere to or enforce any agreement that requires
services that are funded under the grant to be performed by employes who must:
a. Become members of or become affiliated with a labor organization.
b. Make payments to a labor organization, without the authorization of the
employes, exceeding the employes' proportionate share of the cost of collective
bargaining, contract administration and grievance adjustment.
The bill similarly permits any taxpayer of this state or any other person who
applies for a state grant to bring a lawsuit to require compliance with these
requirements and provides that, if that person prevails in his or her lawsuit, the
court shall award to that person reasonable actual attorney fees in addition to other
costs that are currently allowed to prevailing parties in lawsuits against nonstate
entities.
Under current law, state agencies have only the powers given to them by law
or necessarily implied therefrom. These powers do not include the authority to
condition the award of state contracts or grants upon agreements with labor
organizations, representation by labor organizations or making of payments to labor
organizations. With certain exceptions, state construction contracts are generally
required to be awarded to the lowest responsible bidder. With certain exceptions,
contractor for a state building project is required to pay employes who perform work
under the contract the prevailing wage for similar work in the area where the project
is located. State grants are subject to the specific requirements of various laws under
which the grants are made. Currently, state law prohibits any employer from
entering into a contract with an employe or prospective employe concerning
membership or nonmembership in a labor organization.
This bill also requires a school board, the governing body of a political
subdivision of this state (a city, village, town or county), a metropolitan sewerage
district, local exposition district and local professional baseball park district to
ensure that the specifications for bids and contracts for public works projects
conducted by the school board, political subdivision, metropolitan sewerage district,
local exposition district or local professional baseball park district including highway
projects, do not:
1. Require any bidder, contractor or subcontractor to enter into or to adhere to
an agreement with any labor organization concerning services to be performed in
relation to the project or a related project.
2. Discriminate against any bidder, contractor or subcontractor for refusing to
enter into or continue to adhere to an agreement with any labor organization
concerning services to be performed in relation to the project or a related project.
3. Require any bidder, contractor or subcontractor to enter into or continue to
adhere to or enforce any agreement that requires its employes, as a condition of
employment, to:
a. Become members of or become affiliated with a labor organization.
b. Make payments to a labor organization, without the authorization of the
employes, exceeding the employes' proportionate share of the cost of collective
bargaining, contract administration and grievance adjustment.
The bill also permits any taxpayer of this state or any other person who enters
into contracts or subcontracts for building construction services to bring a lawsuit
to require compliance with these requirements. If that person prevails in his or her
lawsuit, the bill provides that the court shall award to that person reasonable actual
attorney fees in addition to other costs that are currently allowed to prevailing
parties in lawsuits against nonstate entities.
With certain exceptions, public works contracts with a political subdivision,
metropolitan sewerage district and local exposition district are generally required
to be awarded to the lowest responsible bidder. With certain exceptions, persons who
contract with a political subdivision, metropolitan sewerage district, local exposition
district and local professional baseball park district for public works projects are
required to pay employes who perform work under such a contract the prevailing
wage for similar work in the area where the project is located.
Under current law, towns and counties have only the powers given to them by
law or necessarily implied therefrom. These powers do not include the authority to
condition the award of public works contracts upon agreements with labor
organizations, representation by labor organizations or making of payments to labor
organizations. To the extent that the lowest responsible bidder requirements or
other exceptions do not apply, cities and villages, under their current law home rule
authority, could condition the award of public works contracts upon agreements with
labor organizations.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB476, s. 1
1Section
1. 13.48 (19) of the statutes is amended to read:
SB476,4,122
13.48
(19) Alternatives to state construction. Whenever the building
3commission determines that the use of innovative types of design and construction
4processes will make better use of the resources and technology available in the
5building industry, the building commission may waive any
or all provision of s.
616.855
except s. 16.855 (14m) if such action is in the best interest of the state and if
7the waiver is accomplished through formal action of the building commission. The
8building commission may authorize the lease, lease purchase or acquisition of such
9facilities constructed in the manner authorized by the building commission. The
10building commission may also authorize the lease, lease purchase or acquisition of
11existing facilities in lieu of state construction of any project enumerated in the
12authorized state building program.
SB476, s. 2
13Section
2. 16.854 (3) of the statutes is amended to read:
SB476,4,1714
16.854
(3) It shall be a goal of the department, with regard to each of the
15contracts described under sub. (2) (a), (b) and (c), to award at least 25% of the dollar
16value of such contracts to minority businesses and at least 5% of the dollar value of
17such contracts to women's businesses.
SB476,4,19
18(4) Sections 16.85, 16.855
(1) to (14) and (15) to (23) and 16.87 do not apply to
19services provided or contracted by the department under this section.
SB476, s. 3
20Section
3. 16.855 (14m) of the statutes is created to read:
SB476,5,2
116.855
(14m) (a) In this subsection, "labor organization" has the meaning given
2in s. 5.02 (8m).
SB476,5,53
(b) The department shall ensure that the specifications for bids and contracts
4for construction projects entered into under this section do not do any of the
5following:
SB476,5,86
1. Require any bidder, contractor or subcontractor to enter into or to adhere to
7an agreement with any labor organization concerning services to be performed in
8relation to the project or a related project.
SB476,5,119
2. Discriminate against any bidder, contractor or subcontractor for refusing to
10enter into or continue to adhere to an agreement with any labor organization
11concerning services to be performed in relation to the project or a related project.
SB476,5,1412
3. Require any bidder, contractor or subcontractor to enter into or continue to
13adhere to or enforce any agreement that requires its employes, as a condition of
14employment, to do any of the following:
SB476,5,1515
a. Become members of or become affiliated with a labor organization.
SB476,5,1816
b. Make payments to a labor organization, without the authorization of the
17employes, exceeding the employes' proportionate share of the cost of collective
18bargaining, contract administration and grievance adjustment.
SB476,5,2319
(c) Any taxpayer of this state or any other person who enters into contracts or
20subcontracts for building construction services may bring an action to require
21compliance with this subsection. If that person prevails in his or her action, the court
22shall award to that person reasonable actual attorney fees in addition to other costs
23allowed to prevailing parties under ch. 814.
SB476, s. 4
24Section
4. 20.931 of the statutes is created to read:
SB476,6,2
120.931 Conditions upon state grants prohibited. (1) In this section,
2"labor organization" has the meaning given in s. 5.02 (8m).
SB476,6,5
3(2) No state agency may condition the award of any grant made by the agency
4from moneys appropriated under this chapter upon any agreement by the recipient
5to do any of the following:
SB476,6,76
(a) Enter into or continue to adhere to an agreement with any labor
7organization concerning services to be funded under the grant.
SB476,6,108
(b) Enter into or continue to adhere to or enforce any agreement that requires
9services that are funded under the grant to be performed by employes who must do
10any of the following:
SB476,6,1111
1. Become members of or become affiliated with a labor organization.
SB476,6,1412
2. Make payments to a labor organization, without the authorization of the
13employes, exceeding the employes' proportionate share of the cost of collective
14bargaining, contract administration and grievance adjustment.
SB476,6,19
15(3) Any taxpayer of this state or any other person who applies for a grant to be
16made from moneys appropriated under this chapter may bring an action to require
17compliance with this section. If that person prevails in his or her action, the court
18shall award to that person reasonable actual attorney fees in addition to other costs
19allowed to prevailing parties under ch. 814.
SB476, s. 5
20Section
5. 59.52 (29) (a) of the statutes is renumbered 59.52 (29) (am).
SB476, s. 6
21Section
6. 59.52 (29) (ac) of the statutes is created to read:
SB476,6,2322
59.52
(29) (ac) In this subsection, "labor organization" has the meaning given
23in s. 5.02 (8m).
SB476, s. 7
24Section
7. 59.52 (29) (b) of the statutes is amended to read:
SB476,7,6
159.52
(29) (b) The provisions of par.
(a) (am) are not mandatory for the repair
2or reconstruction of public facilities when damage or threatened damage thereto
3creates an emergency, as determined by resolution of the board, in which the public
4health or welfare of the county is endangered. Whenever the board by majority vote
5at a regular or special meeting determines that an emergency no longer exists, this
6paragraph no longer applies.
SB476, s. 8
7Section
8. 59.52 (29) (c) and (d) of the statutes are created to read:
SB476,7,108
59.52
(29) (c) The board shall ensure that the specifications for bids and
9contracts for construction projects entered into under this subsection do not do any
10of the following:
SB476,7,1311
1. Require any bidder, contractor or subcontractor to enter into or to adhere to
12an agreement with any labor organization concerning services to be performed in
13relation to the project or a related project.
SB476,7,1614
2. Discriminate against any bidder, contractor or subcontractor for refusing to
15enter into or continue to adhere to an agreement with any labor organization
16concerning services to be performed in relation to the project or a related project.
SB476,7,1917
3. Require any bidder, contractor or subcontractor to enter into or continue to
18adhere to or enforce any agreement that requires its employes, as a condition of
19employment, to do any of the following:
SB476,7,2020
a. Become members of or become affiliated with a labor organization.