Amendment CA1-SSA1-AB75

AB75-SSA1-CA1, s. 1482p Section 1482p. 66.0903 (9) (c) of the statutes is amended to read:

AB75-SSA1-CA1,73,15 66.0903 (9) (c) Upon completion of a project of public works and before receiving final payment for his or her work on the project, each contractor shall file with the local governmental unit authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A local governmental unit may not authorize a final payment until the affidavit is filed in proper form and order. If a local governmental unit authorizes a final payment before an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person performing the work specified in sub. (4) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the local governmental unit withhold all or part of the final payment, but the local governmental unit fails to do so, the local governmental unit is liable for all back wages payable up to the amount of the final payment.

AB75-SSA1-CA1, s. 1483d Section 1483d. 66.0903 (10) (a) of the statutes is amended to read:

AB75-SSA1-CA1,73,22 66.0903 (10) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project of public works that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked.".

AB75-SSA1-CA1,74,4 353. Page 703, line 16: delete lines 16 and 17 and substitute "apply to a contractor, subcontractor, or agent if all persons employed by the contractor, subcontractor, or agent who are performing the work described in sub. (4) are covered under a collective bargaining agreement and the wage rates for those persons under the collective bargaining agreement are not less than the prevailing wage rate. In that case, the contractor,".

AB75-SSA1-CA1,74,7 354. Page 703, line 19: delete "the collective bargaining agreement" and substitute "all collective bargaining agreements that are pertinent to the project of public works".

AB75-SSA1-CA1,74,8 355. Page 704, line 4: after that line insert:

AB75-SSA1-CA1,74,9 " Section 1483h. 66.0903 (10) (b) of the statutes is amended to read:

AB75-SSA1-CA1,74,18 66.0903 (10) (b) The department or the contracting local governmental unit may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep, and furnish upon request by the department or local governmental unit, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (4) for work to which this section applies. The department may inspect records in the manner provided in ch. 103. Every contractor, subcontractor, or agent performing work on a project of public works that is subject to this section is subject to the requirements of ch. 103 relating to the examination of records.".

AB75-SSA1-CA1,74,19 356. Page 704, line 8: after "project" insert "of public works".

AB75-SSA1-CA1,74,20 357. Page 704, line 24: after that line insert:

AB75-SSA1-CA1,74,22 " Section 1484f. 66.0903 (11) (a) of the statutes is renumbered 66.0903 (11) (a) 1. and amended to read:

AB75-SSA1-CA1,75,6 66.0903 (11) (a) 1. Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional equal amount as liquidated damages. An action to recover the liability may be maintained in any court of competent jurisdiction by any as provided under subd. 2., 3., or 4., whichever is applicable.

AB75-SSA1-CA1,75,19 3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any employee for and in behalf of that employee and other employees similarly situated. may commence an action to recover that liability in any court of competent jurisdiction. In an action that is commenced before the end of any period specified by the department under subd. 2., if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.

AB75-SSA1-CA1,75,24 5. No employee may be a party plaintiff to the an action under subd. 3. or 4. unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.

AB75-SSA1-CA1, s. 1485g Section 1485g. 66.0903 (11) (a) 2. of the statutes is created to read:

AB75-SSA1-CA1,76,9 66.0903 (11) (a) 2. If the department determines upon inspection under sub. (10) (b) or (c) that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the department shall order the contractor to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages within a period specified by the department in the order.

AB75-SSA1-CA1, s. 1485g Section 1485g. 66.0903 (11) (a) 4. of the statutes is created to read:

AB75-SSA1-CA1,76,20 66.0903 (11) (a) 4. In an action that is commenced after the end of any period specified by the department under subd. 2., if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 200 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.".

AB75-SSA1-CA1,76,21 358. Page 704, line 24: after that line insert:

AB75-SSA1-CA1,76,22 " Section 1484t. 66.0903 (11) (b) 2. of the statutes is amended to read:

AB75-SSA1-CA1,77,7 66.0903 (11) (b) 2. Whoever induces any person who seeks to be or is employed on any project of public works that is subject to this section to give up, waive, or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this section during a week in which the person works both on a project of public works 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 employment, or by any other means is guilty of an offense under s. 946.15 (1).

AB75-SSA1-CA1, s. 1484v Section 1484v. 66.0903 (11) (b) 3. of the statutes is amended to read:

AB75-SSA1-CA1,77,18 66.0903 (11) (b) 3. Any person employed on a project of public works that is subject to this section who knowingly permits a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the 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 of public works 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).".

AB75-SSA1-CA1,77,19 359. Page 705, line 2: after "project" insert "of public works".

AB75-SSA1-CA1,77,20 360. Page 705, line 8: after "project" insert "of public works".

AB75-SSA1-CA1,77,21 361. Page 705, line 13: after that line insert:

AB75-SSA1-CA1,77,22 " Section 1486f. 66.0903 (12) (d) of the statutes is amended to read:

AB75-SSA1-CA1,78,8 66.0903 (12) (d) Any person submitting a bid or negotiating a contract on a project of public works that is subject to this section shall, on the date the person submits the bid or negotiates the contract, identify any construction business in which the person, or a shareholder, 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 negotiates the contract or at any other time within 3 years preceding the date the person submits the bid or negotiates the contract, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.".

AB75-SSA1-CA1,78,9 362. Page 706, line 2: after that line insert:

AB75-SSA1-CA1,78,11 "(am) "Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).".

AB75-SSA1-CA1,78,12 363. Page 706, line 4: delete lines 4 to 19 and substitute:

AB75-SSA1-CA1,78,20 "(c) "Direct financial assistance" means moneys, in the form of a grant or other agreement or included as part of a contract, cooperative agreement, or any other arrangement, including a redevelopment agreement under s. 66.1333 (5), economic development agreement, contract under s. 66.1105 (3), or assistance provided under s. 66.1109, that a local governmental unit directly provides or otherwise directly makes available to assist in the erection, construction, repair, remodeling, demolition, or improvement of a private facility. "Direct financial assistance" does not include any of the following:

AB75-SSA1-CA1,78,24 1. A public works contract, a supply procurement contract, a contract of insurance or guaranty, a collective bargaining agreement, or any other contract under which moneys are not directly provided or otherwise directly made available for that assistance.

AB75-SSA1-CA1,79,8 2. Any moneys allocated by the city of Milwaukee for the purchase of public access easements that are located entirely in the Milwaukee Riverwalk Site Plan Review Overlay District established by the city of Milwaukee, as amended to June 1, 2009, or for the construction of dockwalls, walkways, plazas, parks, private roadways open to the public, or similar improvements, or for any other public infrastructure improvements, that are located entirely in that district, if the work on those improvements is subject to s. 66.0903 or is exempted from that section under s. 66.0903 (6).".

AB75-SSA1-CA1,79,9 364. Page 706, line 22: after that line insert:

AB75-SSA1-CA1,79,16 "(fm) "Minor service and maintenance work" means a publicly funded private construction project that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on private facilities or equipment that is routinely performed to prevent breakdown or deterioration.".

AB75-SSA1-CA1,79,17 365. Page 706, line 25: delete "or".

AB75-SSA1-CA1,79,18 366. Page 707, line 1: after "demolition" insert ", or improvement".

AB75-SSA1-CA1,79,19 367. Page 707, line 8: delete "or".

AB75-SSA1-CA1,79,20 368. Page 707, line 9: after "demolition" insert ", or improvement".

AB75-SSA1-CA1,79,21 369. Page 707, line 16: delete lines 16 to 18.

AB75-SSA1-CA1,79,22 370. Page 707, line 19: delete "unit." and substitute:

AB75-SSA1-CA1,80,6 "(i) "Publicly funded private construction project" means a construction project in which the developer, investor, or owner of the project receives direct financial assistance from a local governmental unit for the erection, construction, repair, remodeling, demolition, or improvement, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure.".

AB75-SSA1-CA1,80,8 371. Page 707, line 20: delete "that is subject to s 66.0903" and substitute ", as defined in s. 66.0903 (1) (h),".

AB75-SSA1-CA1,80,9 372. Page 708, line 1: delete "facility" and substitute "residential property".

AB75-SSA1-CA1,80,10 373. Page 708, line 2: after that line insert:

AB75-SSA1-CA1,80,16 "(im) "Supply and installation contract" means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts and no other work is performed on the site of the publicly funded private construction project, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract.".

AB75-SSA1-CA1,80,18 374. Page 708, line 6: delete "or demolition" and substitute ", demolition, or improvement".

AB75-SSA1-CA1,80,21 375. Page 709, line 9: delete "section." and substitute "section in the performance of erection, construction, remodeling, repair, demolition, or improvement activities for which direct financial assistance is received.".

AB75-SSA1-CA1,80,23 376. Page 709, line 11: after "equipment" insert "for which direct financial assistance is received".

AB75-SSA1-CA1,80,24 377. Page 710, line 9: delete lines 9 to 12.

AB75-SSA1-CA1,81,2 378. Page 710, line 20: delete "project is located" and substitute "work is to be done".

AB75-SSA1-CA1,81,3 379. Page 711, line 3: after "providing" insert "direct".

AB75-SSA1-CA1,81,4 380. Page 712, line 25: delete that line and substitute:

AB75-SSA1-CA1,81,6 "(c) Minor service or maintenance work, warranty work, or work under a supply and installation contract.".

AB75-SSA1-CA1,81,12 381. Page 715, line 1: delete lines 1 and 2 and substitute "apply to a contractor, subcontractor, or agent if all persons employed by the contractor, subcontractor, or agent who are performing the work described in sub. (3) are covered under a collective bargaining agreement and the wage rates for those persons under the collective bargaining agreement are not less than the prevailing wage rate. In that case, the contractor,".

AB75-SSA1-CA1,81,14 382. Page 715, line 4: delete "the collective bargaining agreement" and substitute "all collective bargaining agreements that are pertinent to the project".

AB75-SSA1-CA1,81,15 383. Page 715, line 15: after "providing" insert "direct".

AB75-SSA1-CA1,81,16 384. Page 717, line 1: delete lines 1 to 13 and substitute:

AB75-SSA1-CA1,81,23 "(9) Liability and penalties. (a) 1. Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the department under sub. (4) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional amount as liquidated damages as provided in subd. 2., 3., or 4., whichever is applicable.

AB75-SSA1-CA1,82,9 2. If the department determines upon inspection under sub. (8) (b) or (c) that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the department shall order the contractor to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages within a period specified by the department in the order.

AB75-SSA1-CA1,82,22 3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any employee for and in behalf of that employee and other employees similarly situated may commence an action to recover that liability in any court of competent jurisdiction. In an action that is commenced before the end of any period specified by the department under subd. 2., if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.

AB75-SSA1-CA1,83,6 4. In an action that is commenced after the end of any period specified by the department under subd. 2., if the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (4) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 200 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.

AB75-SSA1-CA1,83,11 5. No employee may be a party plaintiff to an action under subd. 3. or 4. unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.".

AB75-SSA1-CA1,83,13 385. Page 717, line 23: delete "both on a" and substitute "both on a publicly funded private construction".

AB75-SSA1-CA1,83,15 386. Page 718, line 8: delete "both on a" and substitute "both on a publicly funded private construction".

AB75-SSA1-CA1,83,16 387. Page 720, line 11: after that line insert:

AB75-SSA1-CA1,83,17 " Section 1487t. 66.1038 of the statutes is created to read:

AB75-SSA1-CA1,83,19 66.1038 Milwaukee Transit Authority. (1) Definitions. In this section, "authority" means the Milwaukee Transit Authority created under this section.

AB75-SSA1-CA1,83,24 (2) Creation. (a) There is created a Milwaukee Transit Authority, a public body corporate and politic and a separate governmental entity. The authority may transact business and exercise any powers granted to it under this section. The jurisdictional area of this authority is the geographic area formed by the territorial boundaries of Milwaukee County.

AB75-SSA1-CA1,84,2 (b) The Milwaukee County board, by resolution by a majority vote, may authorize Milwaukee County to be a member of the authority.

AB75-SSA1-CA1,84,8 (3) Governance. (a) The powers of the authority shall be vested in its board of directors. Directors shall be appointed for 2-year terms. A majority of the board of directors' full authorized membership constitutes a quorum for the purpose of conducting the authority's business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.

AB75-SSA1-CA1,84,9 (b) The board of directors of the authority consists of the following members:

AB75-SSA1-CA1,84,11 1. Three members from Milwaukee County who are elected county officials, appointed by the Milwaukee County board chairperson.

AB75-SSA1-CA1,84,13 2. Two members from the city of Milwaukee who are elected city officials, appointed by the mayor of the city of Milwaukee.

AB75-SSA1-CA1,84,14 3. Two members from Milwaukee County, appointed by the governor.

AB75-SSA1-CA1,84,16 (c) The bylaws of the authority shall govern its management, operations, and administration, consistent with the provisions of this section.

AB75-SSA1-CA1,84,25 (4) Powers. (a) Notwithstanding s. 59.84 (2) and any other provision of this chapter or ch. 59 or 85, but subject to sub. (5), the authority may contract with Milwaukee County for the authority's provision of transit services within Milwaukee County if the contract is a long-term and ongoing contract. The authority shall have all powers necessary and convenient to carry out this purpose. Both the authority and Milwaukee County shall provide copies of all of their annual and long-term transit plans to the southeastern regional transit authority as these plans become available. The authority's powers shall be limited to those specified in this subsection and sub. (5).

AB75-SSA1-CA1,85,2 (5) Receipt of tax revenues. (a) Subject to par. (b), the authority may receive the tax revenues authorized under s. 77.70 (2).

AB75-SSA1-CA1,85,4 (b) Milwaukee County may impose the taxes under s. 77.70 (2) if all of the following apply:

AB75-SSA1-CA1,85,6 1. The Milwaukee County board adopts a resolution under sub. (2) (b) to become a member of the authority.

AB75-SSA1-CA1,85,8 2. The Milwaukee County board contracts with the authority for the authority to provide transit services in Milwaukee County.

AB75-SSA1-CA1,85,14 (6) Budgets; revenues; audit. The board of directors of the authority shall annually prepare a budget for the authority. Revenues of the authority shall be used only for the expenses and specific purposes of the authority. The authority shall maintain an accounting system in accordance with generally accepted accounting principles and shall have its financial statements audited annually by an independent certified public accountant.

AB75-SSA1-CA1,85,19 (7) Other statutes. This section does not limit the powers of political subdivisions to enter into intergovernmental cooperation or contracts or to establish separate legal entities under s. 66.0301 or 66.1021 or any other applicable law, or otherwise to carry out their powers under applicable statutory provisions. Section 66.0803 (2) does not apply to the authority.".

AB75-SSA1-CA1,85,20 388. Page 721, line 20: delete lines 20 to 25.

AB75-SSA1-CA1,85,22 389. Page 722, line 1: before "(b)" insert "(2) Creation of Transit Authorities.".

AB75-SSA1-CA1,85,23 390. Page 723, line 4: after that line insert:

AB75-SSA1-CA1,86,7 "(c) Chippewa Valley regional transit authority. 1. The Chippewa Valley regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Eau Claire County adopts a resolution authorizing the county to become a member of the authority and the resolution is ratified by the electors at a referendum held in Eau Claire County. Once created, this authority may transact business and exercise any powers granted to it under this section.