AB75-SSA1-CA1,138,1714
85.022
(2) (c) If the department considers a high-speed rail route between the
15cities of Milwaukee and Madison, the department shall include in its consideration
16a study of the feasibility of including a stop in the city of Waterloo in Jefferson
17County.".
AB75-SSA1-CA1,139,223
85.026
(2) (b) The department shall allocate at least 70 percent of funds
24available from the appropriation under s. 20.395 (2) (nx) for grants awarded for
1transportation enhancement activities involving bicycle and pedestrian facilities
2eligible for assistance under s. 85.024 (2).".
AB75-SSA1-CA1,139,7
6"(am) The project is for the installation or maintenance of warning devices at
7railroad highway crossings.".
AB75-SSA1-CA1,139,10
8604. Page 1064, line 6: delete the material beginning with "transit" and
9ending with "(a)" on line 7 and substitute "Milwaukee Transit Authority under s.
1066.1038".
AB75-SSA1-CA1,139,21
19609. Page 1142, line 9: after "fee." insert "The department may not
20promulgate a rule under this section requiring a person operating a plant where
21animals are slaughtered to pay a fee based on the number of animals slaughtered.".
AB75-SSA1-CA1,140,9
1103.457 Listing deductions from wages. An employer shall state clearly
2on the employee's pay check, pay envelope, or paper accompanying the wage
3payment the amount of and reason for each deduction from the wages due or earned
4by the employee, except such miscellaneous deductions as may have been authorized
5by request of the individual employee for reasons personal to the employee. A
6reasonable coding system may be used by the employer.
If the department finds that
7an employer has failed to state that information clearly as required under this
8section, the department may order the employer to pay the employee, as liquidated
9damages, not less than $50 nor more than $500 for each violation.".
AB75-SSA1-CA1,140,2012
103.49
(1) (a) "Area" means the county in which a proposed project
of public
13works that is subject to this section is located or, if the department determines that
14there is insufficient wage data in that county, "area" means those counties that are
15contiguous to that county or, if the department determines that there is insufficient
16wage data in those counties, "area" means those counties that are contiguous to those
17counties or, if the department determines that there is insufficient wage data in those
18counties, "area" means the entire state or, if the department is requested to review
19a determination under sub. (3) (c), "area" means the city, village
, or town in which
20a proposed project
of public works that is subject to this section is located.
AB75-SSA1-CA1,140,2422
103.49
(1) (bg) "Insufficient wage data" means less than 500 hours of work
23performed in a particular trade or occupation on projects that are similar to a
24proposed project
of public works that is subject to this section.
AB75-SSA1-CA1,141,72
103.49
(1) (bj) "Minor service and maintenance work" means a project of public
3works that is limited to minor crack filling, chip or slurry sealing, or other minor
4pavement patching, not including overlays, that has a projected life span of no longer
5than 5 years cleaning of drainage or sewer ditches or structures; or any other limited,
6minor work on public facilities or equipment that is routinely performed to prevent
7breakdown or deterioration.".
AB75-SSA1-CA1,141,1510
103.49
(1) (am) "Bona fide economic benefit" means an economic benefit for
11which an employer makes irrevocable contributions to a trust or fund created under
1229 USC 186 (c) or to any other bona fide plan, trust, program, or fund no less often
13than quarterly or, if an employer makes annual contributions to such a bona fide
14plan, trust, program, or fund, for which the employer irrevocably escrows moneys at
15least quarterly based on the employer's expected annual contribution.".
AB75-SSA1-CA1,141,2418
103.49
(1) (d) 1. Except as provided in subd. 2., "prevailing wage rate" for any
19trade or occupation engaged in the erection, construction, remodeling, repairing
or,
20demolition
, or improvement of any project of public works in any area means the
21hourly basic rate of pay, plus the hourly contribution for health insurance benefits,
22vacation benefits, pension benefits
, and any other bona fide economic benefit, paid
23directly or indirectly for a majority of the hours worked in the trade or occupation on
24projects in the area.
AB75-SSA1-CA1,142,112
103.49
(1) (d) 2. If there is no rate at which a majority of the hours worked in
3the trade or occupation on projects in the area is paid, "prevailing wage rate" for any
4trade or occupation engaged in the erection, construction, remodeling, repairing
or, 5demolition
, or improvement of any project of public works in any area means the
6average hourly basic rate of pay, weighted by the number of hours worked, plus the
7average hourly contribution, weighted by the number of hours worked, for health
8insurance benefits, vacation benefits, pension benefits
, and any other bona fide
9economic benefit, paid directly or indirectly for all hours worked at the hourly basic
10rate of pay of the highest-paid 51% of hours worked in that trade or occupation on
11projects in that area.
AB75-SSA1-CA1,142,1613
103.49
(1) (dm) "Project of public works" means a project involving the erection,
14construction, repair, remodeling, demolition, or improvement, including any
15alteration, painting, decorating, or grading, of a public facility, including land, a
16building, or other infrastructure.".
AB75-SSA1-CA1,143,219
103.49
(1) (f) "State agency" means any office, department, independent
20agency, institution of higher education, association, society or other body in state
21government created or authorized to be created by the constitution or any law,
22including the legislature and the courts. "State agency" also includes
a state public
23body and corporate created by constitution, statute, rule, or order, including
1specifically the University of Wisconsin Hospitals and Clinics Authority, the Fox
2River Navigational System Authority, and the Wisconsin Aerospace Authority.
AB75-SSA1-CA1,143,84
103.49
(1) (fm) "Supply and installation contract" means a contract under
5which the material is installed by the supplier, the material is installed by means of
6simple fasteners or connectors such as screws or nuts and bolts and no other work
7is performed on the site of the project of public works, and the total labor cost to
8install the material does not exceed 20 percent of the total cost of the contract.".
AB75-SSA1-CA1,143,14
12"(a) A project erected, constructed, repaired, remodeled, demolished, or
13improved by one state agency for another state agency under any contract or under
14any statute specifically authorizing cooperation between state agencies.".
AB75-SSA1-CA1,143,16
16"(b) A project in which the completed facility is leased,".
AB75-SSA1-CA1,143,19
17618. Page 1166, line 21: delete "construction of the building" and substitute
18"erection, construction, repair, remodeling, demolition, or improvement of the
19facility".
AB75-SSA1-CA1,143,22
22"(c) A "sanitary sewer".
AB75-SSA1-CA1,144,3
1620. Page 1166, line 23: delete that line and substitute "sanitary sewer or
2water main is acquired by, or dedicated to, the state for ownership or maintenance
3by".
AB75-SSA1-CA1,144,109
103.49
(2m) (a) 1. All laborers, workers, mechanics
, and truck drivers
10employed on the site of a project
of public works that is subject to this section.
AB75-SSA1-CA1,144,1712
103.49
(2m) (a) 2. All laborers, workers, mechanics
, and truck drivers
13employed in the manufacturing or furnishing of materials, articles, supplies
, or
14equipment on the site of a project
of public works that is subject to this section or from
15a facility dedicated exclusively, or nearly so, to a project
of public works that is subject
16to this section by a contractor, subcontractor, agent
, or other person performing any
17work on the site of the project.
AB75-SSA1-CA1,145,219
103.49
(2m) (b) 1. The laborer, worker, mechanic
, or truck driver is employed
20to go to the source of mineral aggregate such as sand, gravel
, or stone that is to be
21immediately incorporated into the work, and not stockpiled or further transported
22by truck, pick up that mineral aggregate
, and deliver that mineral aggregate to the
23site of a project
of public works that is subject to this section by depositing the
1material substantially in place, directly or through spreaders from the transporting
2vehicle.
AB75-SSA1-CA1,145,74
103.49
(2m) (b) 2. The laborer, worker, mechanic
, or truck driver is employed
5to go to the site of a project that is subject to this section, pick up excavated material
6or spoil from the site of the project
of public works and transport that excavated
7material or spoil away from the site of the project.".
AB75-SSA1-CA1,145,1812
103.49
(3) (am) The department shall, by January 1 of each year, compile the
13prevailing wage rates for each trade or occupation in each area. The compilation
14shall, in addition to the current prevailing wage rates, include future prevailing
15wage rates when those prevailing wage rates can be determined for any trade or
16occupation in any area and shall specify the effective date of those future prevailing
17wage rates. If a
construction project
of public works extends into more than one area
18there shall be but one standard of prevailing wage rates for the entire project.".
AB75-SSA1-CA1,146,1021
103.49
(3) (c) In addition to the recalculation under par. (b), the state agency
22that requested the determination under this subsection may request a review of any
23portion of a determination within 30 days after the date of issuance of the
24determination if the state agency submits evidence with the request showing that
1the prevailing wage rate for any given trade or occupation included in the
2determination does not represent the prevailing wage rate for that trade or
3occupation in the city, village
, or town in which the proposed project
of public works 4is located. That evidence shall include wage rate information for the contested trade
5or occupation on at least 3 similar projects located in the city, village
, or town where
6the proposed project
of public works is located on which some work has been
7performed during the current survey period and which were considered by the
8department in issuing its most recent compilation under par. (am). The department
9shall affirm or modify the determination within 15 days after the date on which the
10department receives the request for review.".
AB75-SSA1-CA1,146,1413
103.49
(3g) (c) Minor service or maintenance work, warranty work, or work
14under a supply and installation contract.
AB75-SSA1-CA1,146,2116
103.49
(4r) (b) Upon completion of a project
of public works and before
17receiving final payment for his or her work on the project, each agent or
18subcontractor shall furnish the contractor with an affidavit stating that the agent
19or subcontractor has complied fully with the requirements of this section. A
20contractor may not authorize final payment until the affidavit is filed in proper form
21and order.
AB75-SSA1-CA1,147,1223
103.49
(4r) (c) Upon completion of a project
of public works and before receiving
24final payment for his or her work on the project, each contractor shall file with the
1state agency authorizing the work an affidavit stating that the contractor has
2complied fully with the requirements of this section and that the contractor has
3received an affidavit under par. (b) from each of the contractor's agents and
4subcontractors. A state agency may not authorize a final payment until the affidavit
5is filed in proper form and order. If a state agency authorizes a final payment before
6an affidavit is filed in proper form and order or if the department determines, based
7on the greater weight of the credible evidence, that any person performing the work
8specified in sub. (2m) has been or may have been paid less than the prevailing wage
9rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess
10of the prevailing hours of labor and requests that the state agency withhold all or part
11of the final payment, but the state agency fails to do so, the state agency is liable for
12all back wages payable up to the amount of the final payment.
AB75-SSA1-CA1,147,1914
103.49
(5) (a) Each contractor, subcontractor
, or contractor's or subcontractor's
15agent performing work on a project
of public works that is subject to this section shall
16keep full and accurate records clearly indicating the name and trade or occupation
17of every person performing the work described in sub. (2m) and an accurate record
18of the number of hours worked by each of those persons and the actual wages paid
19for the hours worked.".
AB75-SSA1-CA1,148,2
20628. Page 1169, line 25: delete the material beginning with that line and
21ending with page 1170, line 1, and substitute "apply to a contractor, subcontractor,
22or agent if all persons employed by the contractor, subcontractor, or agent who are
23performing the work described in sub. (2m) are covered under a collective bargaining
1agreement and the wage rates for those persons under the collective bargaining
2agreement are not less than the prevailing wage rate. In that case, the contractor,".
AB75-SSA1-CA1,148,5
3629. Page 1170, line 3: delete "the collective bargaining agreement" and
4substitute "all collective bargaining agreements that are pertinent to the project of
5public works".
AB75-SSA1-CA1,148,188
103.49
(5) (b) It shall be the duty of the department to enforce this section. To
9this end it may demand and examine, and every contractor, subcontractor, and
10contractor's and subcontractor's agent shall keep, and furnish upon request by the
11department, copies of payrolls and other records and information relating to the
12wages paid to persons performing the work described in sub. (2m) for work to which
13this section applies. The department may inspect records in the manner provided
14in this chapter. Every contractor, subcontractor, or agent performing work on a
15project
of public works that is subject to this section is subject to the requirements
16of this chapter relating to the examination of records. Section 111.322 (2m) applies
17to discharge and other discriminatory acts arising in connection with any proceeding
18under this section.".
AB75-SSA1-CA1,148,22
21"
Section 2192e. 103.49 (6m) (a) of the statutes is renumbered 103.49 (6m)
22(am).
