AB75-SSA1-CA1,64,2
19"(dm) A KRM commuter rail line may not include a stop in any municipality
20in the counties of Racine and Kenosha, other than in the city of Racine or the city of
21Kenosha, unless the municipality in which the stop is to be located provides for a
22sustainable mechanism to generate additional moneys for transit systems receiving
1funding under s. 85.20 that operate in Kenosha County or Racine County, as
2applicable.".
AB75-SSA1-CA1,64,8
3323. Page 673, line 24: after "77." insert "From these fees, the authority shall
4transfer $1 for each transaction to each of the cities of Racine and Kenosha, to
5support their respective transit systems, if each city, respectively, demonstrates that
6it has established a new funding source sufficient to generate revenues equal to or
7greater than the amounts to be transferred to each city under this subdivision. From
8the remaining fees, the authority may do all of the following:".
AB75-SSA1-CA1,64,11
10"1. Retain not more than $2 for each transaction for administration of the
11authority.
AB75-SSA1-CA1,64,1612
2. Retain the difference between the amount of the fees imposed under subch.
13XIII of ch. 77 and the amount of those fees transferred under this paragraph or
14retained under subd. 1. for expenditures related to the KRM commuter rail line,
15including planning, construction, maintenance, operations, and engineering
16expenditures.".
AB75-SSA1-CA1,64,21
18"(i) The authority is the only entity in the counties of Milwaukee, Racine, and
19Kenosha that may submit an application to the federal transit administration in the
20U.S. department of transportation under the federal new starts grant program for
21funding for the KRM commuter rail line.
AB75-SSA1-CA1,65,222
(j) The Milwaukee Transit Authority under s. 66.1038, and the operator of any
23transit system in Kenosha County or Racine County receiving funding under s.
185.20, shall provide copies of all of their annual and long-term transit plans to the
2southeastern regional transit authority as these plans become available.
AB75-SSA1-CA1,65,63
(k) Upon a vote of approval by its governing body, any municipality in Kenosha
4County or Racine County in which a transit system eligible to receive funding under
5s. 85.20 is operated may contract with the authority for the authority to provide
6transit services within the municipality.".
AB75-SSA1-CA1,65,9
8"
Section 1459m. 62.50 (18) (a) of the statutes is renumbered 62.50 (18) and
9amended to read:
AB75-SSA1-CA1,65,1610
62.50
(18) No chief officer of either department or member of the fire
11department may be deprived of any salary or wages for the period of time suspended
12preceding an investigation or trial, unless the charge is sustained.
Except as
13provided in par. (b), no No member of the police force may be
discharged or suspended
14under sub. (11) or (13) without pay or benefits until the matter that is the subject of
15the
discharge or suspension is disposed of by the board or the time for appeal under
16sub. (13) passes without an appeal being made.
AB75-SSA1-CA1,66,723
66.0903
(1) (a) "Area" means the county in which a proposed project
of public
24works that is subject to this section is located or, if the department determines that
1there is insufficient wage data in that county, "area" means those counties that are
2contiguous to that county or, if the department determines that there is insufficient
3wage data in those counties, "area" means those counties that are contiguous to those
4counties or, if the department determines that there is insufficient wage data in those
5counties, "area" means the entire state or, if the department is requested to review
6a determination under sub. (3) (br), "area" means the city, village or town in which
7a proposed project
of public works that is subject to this section is located.".
AB75-SSA1-CA1,66,1110
66.0903
(1) (am) "Bona fide economic benefit" has the meaning given in s.
11103.49 (1) (am).".
AB75-SSA1-CA1,66,14
12332. Page 699, line 23: after "
includes" insert "
a local public body and
13corporate created by constitution, statute, ordinance, rule, or order, including
14specifically".
AB75-SSA1-CA1,66,17
15333. Page 699, line 24: after "
66.1039" insert "
, the Milwaukee Transit
16Authority created under s. 66.1038, and the southeastern regional transit authority
17created under s. 59.58 (7)".
AB75-SSA1-CA1,67,220
66.0903
(1) (dr) "Minor service and maintenance work" means a project of
21public works that is limited to minor crack filling, chip or slurry sealing, or other
22minor pavement patching, not including overlays, that has a projected life span of
23no longer than 5 years; the depositing of gravel on an existing gravel road applied
24solely to maintain the road; road shoulder maintenance; cleaning of drainage or
1sewer ditches or structures; or any other limited, minor work on public facilities or
2equipment that is routinely performed to prevent breakdown or deterioration.".
AB75-SSA1-CA1,67,4
4"
Section 1479p. 66.0903 (1) (g) 1. of the statutes is amended to read:
AB75-SSA1-CA1,67,115
66.0903
(1) (g) 1. Except as provided in subd. 2., "prevailing wage rate" for any
6trade or occupation engaged in the erection, construction, remodeling, repairing
or,
7demolition
, or improvement of any project of public works in any area means the
8hourly basic rate of pay, plus the hourly contribution for health insurance benefits,
9vacation benefits, pension benefits
, and any other bona fide economic benefit, paid
10directly or indirectly, for a majority of the hours worked in the trade or occupation
11on projects in the area.
AB75-SSA1-CA1,67,2213
66.0903
(1) (g) 2. If there is no rate at which a majority of the hours worked in
14the trade or occupation on projects in the area is paid, "prevailing wage rate" for any
15trade or occupation engaged in the erection, construction, remodeling, repairing
or,
16demolition
, or improvement of any project of public works in any area means the
17average hourly basic rate of pay, weighted by the number of hours worked, plus the
18average hourly contribution, weighted by the number of hours worked, for health
19insurance benefits, vacation benefits, pension benefits
, and any other bona fide
20economic benefit, paid directly or indirectly for all hours worked at the hourly basic
21rate of pay of the highest-paid 51% of hours worked in that trade or occupation on
22projects in that area.
AB75-SSA1-CA1,68,4
166.0903
(1) (h) "Project of public works" means a project involving the erection,
2construction, repair, remodeling, demolition, or improvement, including any
3alteration, painting, decorating, or grading, of a public facility, including land, a
4building, or other infrastructure.".
AB75-SSA1-CA1,68,117
66.0903
(1) (im) "Supply and installation contract" means a contract under
8which the material is installed by the supplier, the material is installed by means of
9simple fasteners or connectors such as screws or nuts and bolts and no other work
10is performed on the site of the project of public works, and the total labor cost to
11install the material does not exceed 20 percent of the total cost of the contract.".
AB75-SSA1-CA1,68,17
17"(b) A project erected, constructed, repaired, remodeled,".
AB75-SSA1-CA1,68,22
22"(c) A project in which the completed facility is leased,".
AB75-SSA1-CA1,69,6
4345. Page 700, line 16: delete that line and substitute "road, street, bridge,
5sanitary sewer, or water main is acquired by, or dedicated to, a local governmental
6unit, including".
AB75-SSA1-CA1,69,2412
66.0903
(3) (am) A local governmental unit, before making a contract
by direct
13negotiation or soliciting bids on a contract
, for the erection, construction, remodeling,
14repairing
or, demolition
, or improvement of any project of public works,
including a
15highway, street or bridge construction project, shall apply to the department to
16determine the prevailing wage rate for each trade or occupation required in the work
17contemplated under contemplation in the area in which the work is to be done. The
18department shall conduct investigations and hold public hearings as necessary to
19define the trades or occupations that are commonly employed on projects
of public
20works that are subject to this section and to inform itself as to the prevailing wage
21rates in all areas of the state for those trades or occupations, in order to determine
22the prevailing wage rate for each trade or occupation. The department shall issue
23its determination within 30 days after receiving the request and shall file the
24determination with the requesting local governmental unit.
AB75-SSA1-CA1,70,82
66.0903
(3) (ar) The department shall, by January 1 of each year, compile the
3prevailing wage rates for each trade or occupation in each area. The compilation
4shall, in addition to the current prevailing wage rates, include future prevailing
5wage rates when those prevailing wage rates can be determined for any trade or
6occupation in any area and shall specify the effective date of those future prevailing
7wage rates. If a
construction project
of public works extends into more than one area
8there shall be but one standard of prevailing wage rates for the entire project.".
AB75-SSA1-CA1,70,2411
66.0903
(3) (br) In addition to the recalculation under par. (bm), the local
12governmental unit that requested the determination under this subsection may
13request a review of any portion of a determination within 30 days after the date of
14issuance of the determination if the local governmental unit submits evidence with
15the request showing that the prevailing wage rate for any given trade or occupation
16included in the determination does not represent the prevailing wage rate for that
17trade or occupation in the city, village
, or town in which the proposed project
of public
18works is located. That evidence shall include wage rate information for the contested
19trade or occupation on at least 3 similar projects located in the city, village
, or town
20where the proposed project
of public works is located and on which some work has
21been performed during the current survey period and which were considered by the
22department in issuing its most recent compilation under par. (ar). The department
23shall affirm or modify the determination within 15 days after the date on which the
24department receives the request for review.".
AB75-SSA1-CA1,71,3
3"
Section 1481j. 66.0903 (4) (a) 1. of the statutes is amended to read:
AB75-SSA1-CA1,71,54
66.0903
(4) (a) 1. All laborers, workers, mechanics
, and truck drivers employed
5on the site of a project
of public works that is subject to this section.
AB75-SSA1-CA1,71,127
66.0903
(4) (a) 2. All laborers, workers, mechanics
, and truck drivers employed
8in the manufacturing or furnishing of materials, articles, supplies
, or equipment on
9the site of a project
of public works that is subject to this section or from a facility
10dedicated exclusively, or nearly so, to a project
of public works that is subject to this
11section by a contractor, subcontractor, agent
, or other person performing any work
12on the site of the project.
AB75-SSA1-CA1,71,2014
66.0903
(4) (b) 1. The laborer, worker, mechanic, or truck driver is employed
15to go to the source of mineral aggregate such as sand, gravel
, or stone that is to be
16immediately incorporated into the work, and not stockpiled or further transported
17by truck, pick up that mineral aggregate
, and deliver that mineral aggregate to the
18site of a project
of public works that is subject to this section by depositing the
19material substantially in place, directly or through spreaders from the transporting
20vehicle.
AB75-SSA1-CA1,72,222
66.0903
(4) (b) 2. The laborer, worker, mechanic
, or truck driver is employed
23to go to the site of a project
of public works that is subject to this section, pick up
1excavated material or spoil from the site of the project
, and transport that excavated
2material or spoil away from the site of the project.".
AB75-SSA1-CA1,72,76
66.0903
(5) (c) Minor service or maintenance work, warranty work, or work
7under a supply and installation contract.
AB75-SSA1-CA1,72,159
66.0903
(8) Posting. For the information of the employees working on the
10project
of public works, the prevailing wage rates determined by the department or
11exempted local governmental unit, the prevailing hours of labor
, and the provisions
12of subs. (10) (a) and (11) (a) shall be kept posted by the local governmental unit in at
13least one conspicuous and easily accessible place on the site of the project or, if there
14is no common site on the project, at the place normally used by the local
15governmental unit to post public notices.
AB75-SSA1-CA1,72,2217
66.0903
(9) (b) Upon completion of a project
of public works and before
18receiving final payment for his or her work on the project, each agent or
19subcontractor shall furnish the contractor with an affidavit stating that the agent
20or subcontractor has complied fully with the requirements of this section. A
21contractor may not authorize final payment until the affidavit is filed in proper form
22and order.
AB75-SSA1-CA1,73,15
166.0903
(9) (c) Upon completion of a project
of public works and before receiving
2final payment for his or her work on the project, each contractor shall file with the
3local governmental unit authorizing the work an affidavit stating that the contractor
4has complied fully with the requirements of this section and that the contractor has
5received an affidavit under par. (b) from each of the contractor's agents and
6subcontractors. A local governmental unit may not authorize a final payment until
7the affidavit is filed in proper form and order. If a local governmental unit authorizes
8a final payment before an affidavit is filed in proper form and order or if the
9department determines, based on the greater weight of the credible evidence, that
10any person performing the work specified in sub. (4) has been or may have been paid
11less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay
12for all hours worked in excess of the prevailing hours of labor and requests that the
13local governmental unit withhold all or part of the final payment, but the local
14governmental unit fails to do so, the local governmental unit is liable for all back
15wages payable up to the amount of the final payment.
AB75-SSA1-CA1,73,2217
66.0903
(10) (a) Each contractor, subcontractor
, or contractor's or
18subcontractor's agent performing work on a project
of public works that is subject to
19this section shall keep full and accurate records clearly indicating the name and
20trade or occupation of every person performing the work described in sub. (4) and an
21accurate record of the number of hours worked by each of those persons and the
22actual wages paid for the hours worked.".
AB75-SSA1-CA1,74,4
23353. Page 703, line 16: delete lines 16 and 17 and substitute "apply to a
24contractor, subcontractor, or agent if all persons employed by the contractor,
1subcontractor, or agent who are performing the work described in sub. (4) are covered
2under a collective bargaining agreement and the wage rates for those persons under
3the collective bargaining agreement are not less than the prevailing wage rate. In
4that case, the contractor,".
AB75-SSA1-CA1,74,7
5354. Page 703, line 19: delete "the collective bargaining agreement" and
6substitute "all collective bargaining agreements that are pertinent to the project of
7public works".
AB75-SSA1-CA1,74,1810
66.0903
(10) (b) The department or the contracting local governmental unit
11may demand and examine, and every contractor, subcontractor
, and contractor's or
12subcontractor's agent shall keep, and furnish upon request by the department or
13local governmental unit, copies of payrolls and other records and information
14relating to the wages paid to persons performing the work described in sub. (4) for
15work to which this section applies. The department may inspect records in the
16manner provided in ch. 103. Every contractor, subcontractor
, or agent performing
17work on a project
of public works that is subject to this section is subject to the
18requirements of ch. 103 relating to the examination of records.".
AB75-SSA1-CA1,74,22
21"
Section 1484f. 66.0903 (11) (a) of the statutes is renumbered 66.0903 (11) (a)
221. and amended to read:
AB75-SSA1-CA1,75,623
66.0903
(11) (a) 1. Any contractor, subcontractor
, or contractor's or
24subcontractor's agent who fails to pay the prevailing wage rate determined by the
1department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
2pay for all hours worked in excess of the prevailing hours of labor is liable to any
3affected employee in the amount of his or her unpaid wages or his or her unpaid
4overtime compensation and in an additional
equal amount as liquidated damages
.
5An action to recover the liability may be maintained in any court of competent
6jurisdiction by any as provided under subd. 2., 3., or 4., whichever is applicable.
AB75-SSA1-CA1,75,19
73. In addition to or in lieu of recovering the liability specified in subd. 1. as
8provided in subd. 2., any employee for and in behalf of that employee and other
9employees similarly situated
. may commence an action to recover that liability in
10any court of competent jurisdiction. In an action that is commenced before the end
11of any period specified by the department under subd. 2., if the court finds that a
12contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
13the prevailing wage rate determined by the department under sub. (3) or has paid
14less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
15prevailing hours of labor, the court shall order the contractor, subcontractor, or agent
16to pay to any affected employee the amount of his or her unpaid wages or his or her
17unpaid overtime compensation and an additional amount equal to 100 percent of the
18amount of those unpaid wages or that unpaid overtime compensation as liquidated
19damages.