Amendment SA3-AB15

AB15-SA3,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 3, as follows:

AB15-SA3,1,4 1. Page 1, line 2: after "gasoline," insert "grants for the construction of ethanol production facilities,".

AB15-SA3,1,5 2. Page 1, line 3: delete "a penalty" and substitute "penalties".

AB15-SA3,1,6 3. Page 1, line 4: delete that line and substitute:

AB15-SA3,1,8 " Section 1c. 84.185 (8r) of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 84.185 (8r) (intro.) and amended to read:

AB15-SA3,2,2 84.185 (8r) Ethanol production facilities. (intro.) The department may not make a grant under this section after July 27, 2005, for an improvement related to an economic development project that involves the construction of an ethanol production facility, unless the department determines that a competitive bidding process is used for the construction of the ethanol production facility . and that all contractors, subcontractors, and agents of a contractor or subcontractor performing work on the construction of the facility have agreed to all of the following conditions:

AB15-SA3, s. 1d Section 1d. 84.185 (8r) (a) to (d) of the statutes are created to read:

AB15-SA3,2,6 84.185 (8r) (a) To employ residents of this state in not less than 50 percent of the positions of the contractor, subcontractor, or agent working on the construction of the facility.

AB15-SA3,2,10 (b) 1. To pay all employees working on the construction of the facility who would be entitled to receive the prevailing wage rate under s. 66.0903, if the construction of the facility were a project of public works subject to s. 66.0903, not less than the prevailing wage rate.

AB15-SA3,2,14 2. Not to require or permit any employee who would not be required or permitted to work more than the prevailing hours of labor, if the construction of the facility were a project of public works subject to s. 66.0903, to work more than the prevailing hours of labor, except as permitted under s. 66.0903 (4) (a).

AB15-SA3,2,18 3. To keep and permit inspection of records in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to keep and permit inspection of records under s. 66.0903 (10).

AB15-SA3,2,25 4. Otherwise to comply with s. 66.0903 in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 66.0903. The person soliciting bids for the construction of the facility shall also agree to comply with s. 66.0903 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of a project of public works is required to comply with s. 66.0903.

AB15-SA3,3,1 (c) To participate in an apprenticeship program under subch. I of ch. 106.

AB15-SA3,3,3 (d) To provide employer-subsidized health care coverage, as defined in s. 49.665 (1) (c), to all employees working on the construction of the facility.

AB15-SA3, s. 1f Section 1f. 93.46 (4) of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 93.46 (4) (intro.) and amended to read:

AB15-SA3,3,11 93.46 (4) (intro.) The department may not make a grant under this section for an ethanol production facility on which construction begins after July 27, 2005, unless a competitive bidding process is used for the construction of the ethanol production facility. and the department determines that all contractors, subcontractors, and agents of a contractor or subcontractor performing work on the construction of the facility have agreed to all of the following conditions:

AB15-SA3, s. 1g Section 1g. 93.46 (4) (a) to (d) of the statutes are created to read:

AB15-SA3,3,15 93.46 (4) (a) To employ residents of this state in not less than 50 percent of the positions of the contractor, subcontractor, or agent working on the construction of the facility.

AB15-SA3,3,19 (b) 1. To pay all employees working on the construction of the facility who would be entitled to receive the prevailing wage rate under s. 66.0903, if the construction of the facility were a project of public works subject to s. 66.0903, not less than the prevailing wage rate.

AB15-SA3,3,23 2. Not to require or permit any employee who would not be required or permitted to work more than the prevailing hours of labor, if the construction of the facility were a project of public works subject to s. 66.0903, to work more than the prevailing hours of labor, except as permitted under s. 66.0903 (4) (a).

AB15-SA3,4,2 3. To keep and permit inspection of records in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to keep and permit inspection of records under s. 66.0903 (10).

AB15-SA3,4,9 4. Otherwise to comply with s. 66.0903 in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 66.0903. The person soliciting bids for the construction of the facility shall also agree to comply with s. 66.0903 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of a project of public works is required to comply with s. 66.0903.

AB15-SA3,4,10 (c) To participate in an apprenticeship program under subch. I of ch. 106.

AB15-SA3,4,12 (d) To provide employer-subsidized health care coverage, as defined in s. 49.665 (1) (c), to all employees working on the construction of the facility.

AB15-SA3, s. 1j Section 1j. 93.75 (1) (d) of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 93.75 (1) (d) (intro.) and amended to read:

AB15-SA3,4,19 93.75 (1) (d) (intro.) If construction of the ethanol production facility begins after July 27, 2005, a competitive bidding process is used for the construction of the ethanol production facility. and the department determines that all contractors, subcontractors, and agents of a contractor or subcontractor performing work on the construction of the facility have agreed to all of the following conditions:

AB15-SA3, s. 1k Section 1k. 93.75 (1) (d) 1. to 4. of the statutes are created to read:

AB15-SA3,4,23 93.75 (1) (d) 1. To employ residents of this state in not less than 50 percent of the positions of the contractor, subcontractor, or agent working on the construction of the facility.

AB15-SA3,5,2 2. a. To pay all employees working on the construction of the facility who would be entitled to receive the prevailing wage rate under s. 66.0903, if the construction of the facility were a project of public works subject to s. 66.0903, not less than the prevailing wage rate.

AB15-SA3,5,6 b. Not to require or permit any employee who would not be required or permitted to work more than the prevailing hours of labor, if the construction of the facility were a project of public works subject to s. 66.0903, to work more than the prevailing hours of labor, except as permitted under s. 66.0903 (4) (a).

AB15-SA3,5,10 c. To keep and permit inspection of records in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to keep and permit inspection of records under s. 66.0903 (10).

AB15-SA3,5,17 d. Otherwise to comply with s. 66.0903 in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 66.0903. The person soliciting bids for the construction of the facility shall also agree to comply with s. 66.0903 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of a project of public works is required to comply with s. 66.0903.

AB15-SA3,5,18 3. To participate in an apprenticeship program under subch. I of ch. 106.

AB15-SA3,5,20 4. To provide employer-subsidized health care coverage, as defined in s. 49.665 (1) (c), to all employees working on the construction of the facility.

AB15-SA3, s. 1m Section 1m. 103.49 (3) (ar) of the statutes is amended to read:

AB15-SA3,6,3 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 84.185 (8r) (b), 93.46 (4) (b), 93.75 (1) (d) 2., 103.50 or, 229.8275, 560.031 (2), or 560.605 (1) (p) 2. or 40 USC 276a unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 103.50 or 229.8275 or 40 USC 276a.

AB15-SA3, s. 1p Section 1p. 109.09 (1) of the statutes is amended to read:

AB15-SA3,7,2 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 84.185 (8r) (b), 93.46 (4) (b), 93.75 (1) (d) 2., 103.02, 103.49, 103.82, 104.12 and, 229.8275, 560.031 (2), and 560.605 (1) (p) 2. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) for the operation of the office of the district attorney who prosecuted the action.

AB15-SA3, s. 1r Section 1r. 111.322 (2m) (c) of the statutes is amended to read:

AB15-SA3,7,8 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 84.185 (8r) (b), 93.46 (4) (b), 93.75 (1) (d) 2., 103.49 or, 229.8275, 560.031 (2), or 560.605 (1) (p) 2. or testifies or assists in any action or proceeding under s. 66.0903, 84.185 (8r) (b), 93.46 (4) (b), 93.75 (1) (d) 2., 103.49 or, 229.8275, 560.031 (2), or 560.605 (1) (p) 2.

AB15-SA3, s. 1t Section 1t. 168.04 (2m) and (2r) of the statutes are created to read:".

AB15-SA3,7,10 4. Page 3, line 8: after that line insert:

AB15-SA3,7,11 " Section 2m. 227.01 (13) (t) of the statutes is amended to read:

AB15-SA3,7,17 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 84.185 (8r) (b), 93.46 (4) (b), 93.75 (1) (d) 2., 103.49, 103.50 and, 229.8275 , 560.031 (2), and 560.605 (1) (p) 2., except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 84.185 (8r) (b), 93.46 (4) (b), 93.75 (1) (d) 2., 103.49, 103.50 and, 229.8275, 560.031 (2), and 560.605 (1) (p) 2. is subject to judicial review under s. 227.40.".

AB15-SA3,7,19 5. Page 4, line 4: after that line, before the material inserted by assembly amendment 4 to assembly substitute amendment 3, insert:

AB15-SA3,7,21 " Section 3m. 560.031 of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 560.031 (intro.) and amended to read:

AB15-SA3,8,4 560.031 Grants for ethanol production facilities. (intro.) Notwithstanding ss. 560.135 (2), 560.138 (2) (a), and 560.17 (3), the department may not make a grant for an ethanol production facility on which construction begins after July 27, 2005, unless a competitive bidding process is used for the construction of the ethanol production facility. and all contractors, subcontractors, and agents of a contractor or subcontractor performing work on the construction of the facility have agreed to all of the following conditions:

AB15-SA3, s. 3h Section 3h. 560.031 (1) to (4) of the statutes are created to read:

AB15-SA3,8,8 560.031 (1) To employ residents of this state in not less than 50 percent of the positions of the contractor, subcontractor, or agent working on the construction of the facility.

AB15-SA3,8,12 (2) (a) To pay all employees working on the construction of the facility who would be entitled to receive the prevailing wage rate under s. 66.0903, if the construction of the facility were a project of public works subject to s. 66.0903, not less than the prevailing wage rate.

AB15-SA3,8,16 (b) Not to require or permit any employee who would not be required or permitted to work more than the prevailing hours of labor, if the construction of the facility were a project of public works subject to s. 66.0903, to work more than the prevailing hours of labor, except as permitted under s. 66.0903 (4) (a).

AB15-SA3,8,20 (c) To keep and permit inspection of records in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to keep and permit inspection of records under s. 66.0903 (10).

AB15-SA3,9,2 (d) Otherwise to comply with s. 66.0903 in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 66.0903. The person soliciting bids for the construction of the facility shall also agree to comply with s. 66.0903 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of a project of public works is required to comply with s. 66.0903.

AB15-SA3,9,3 (3) To participate in an apprenticeship program under subch. I of ch. 106.

AB15-SA3,9,5 (4) To provide employer-subsidized health care coverage, as defined in s. 49.665 (1) (c), to all employees working on the construction of the facility.

AB15-SA3, s. 3p Section 3p. 560.605 (1) (p) of the statutes, as created by 2005 Wisconsin Act 25, is renumbered 560.605 (1) (p) (intro.) and amended to read:

AB15-SA3,9,12 560.605 (1) (p) (intro.) For an ethanol production facility on which construction begins after July 27, 2005, a competitive bidding process is used for the construction of the ethanol production facility. and all contractors, subcontractors, and agents of a contractor or subcontractor performing work on the construction of the facility have agreed to all of the following conditions:

AB15-SA3, s. 3r Section 3r. 560.605 (1) (p) 1. to 4. of the statutes are created to read:

AB15-SA3,9,16 560.605 (1) (p) 1. To employ residents of this state in not less than 50 percent of the positions of the contractor, subcontractor, or agent working on the construction of the facility.

AB15-SA3,9,20 2. a. To pay all employees working on the construction of the facility who would be entitled to receive the prevailing wage rate under s. 66.0903, if the construction of the facility were a project of public works subject to s. 66.0903, not less than the prevailing wage rate.

AB15-SA3,9,24 b. Not to require or permit any employee who would not be required or permitted to work more than the prevailing hours of labor, if the construction of the facility were a project of public works subject to s. 66.0903, to work more than the prevailing hours of labor, except as permitted under s. 66.0903 (4) (a).

AB15-SA3,10,4 c. To keep and permit inspection of records in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to keep and permit inspection of records under s. 66.0903 (10).

AB15-SA3,10,11 d. Otherwise to comply with s. 66.0903 in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 66.0903. The person soliciting bids for the construction of the facility shall also agree to comply with s. 66.0903 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of a project of public works is required to comply with s. 66.0903.

AB15-SA3,10,12 3. To participate in an apprenticeship program under subch. I of ch. 106.

AB15-SA3,10,14 4. To provide employer-subsidized health care coverage, as defined in s. 49.665 (1) (c), to all employees working on the construction of the facility.

AB15-SA3, s. 4d Section 4d. 946.15 (1) of the statutes is amended to read:

AB15-SA3,11,7 946.15 (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 84.185 (8r) (b) 4., 93.46 (4) (b) 4., 93.75 (1) (d) 2. d., 103.49 (3), 103.50 (3) or, 229.8275 (3), 560.031 (2) (d), or 560.605 (1) (p) 2. d. or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (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 rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 84.185 (8r) (b) 4., 93.46 (4) (b) 4., 93.75 (1) (d) 2. d., 103.49 (3), 103.50 (3) or, 229.8275 (3), 560.031 (2) (d), or 560.605 (1) (p) 2. d. during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.

AB15-SA3, s. 4e Section 4e. 946.15 (2) of the statutes is amended to read:

AB15-SA3,11,24 946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 84.185 (8r) (b) 4., 93.46 (4) (b) 4., 93.75 (1) (d) 2. d., 103.49 (3), 103.50 (3) or, 229.8275 (3), 560.031 (2) (d), or 560.605 (1) (p) 2. d. or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the 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 issued under s. 66.0903 (3) or (6), 84.185 (8r) (b) 4., 93.46 (4) (b) 4., 93.75 (1) (d) 2. d., 103.49 (3), 103.50 (3) or, 229.8275 (3), 560.031 (2) (d), or 560.605 (1) (p) 2. d. during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB15-SA3, s. 4f Section 4f. 946.15 (3) of the statutes is amended to read:

AB15-SA3,12,11 946.15 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 84.185 (8r) (b) 4., 93.46 (4) (b) 4., 93.75 (1) (d) 2. d., 103.49 (3), 103.50 (3) or, 229.8275 (3), 560.031 (2) (d), or 560.605 (1) (p) 2. d. or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

AB15-SA3, s. 4g Section 4g. 946.15 (4) of the statutes is amended to read:

AB15-SA3,12,22 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 84.185 (8r) (b) 4., 93.46 (4) (b) 4., 93.75 (1) (d) 2. d., 103.49 (3), 103.50 (3) or, 229.8275 (3), 560.031 (2) (d), or 560.605 (1) (p) 2. d. or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.".

AB15-SA3,12,23 (End)