Amendment SA1-SSA1-AB75

AB75-SSA1-SA1,44,14 "(c) A project in which the completed facility is leased,".

AB75-SSA1-SA1,44,16 187. Page 700, line 14: delete that line and substitute "erection, construction, repair, remodeling, demolition, or improvement of the facility.".

AB75-SSA1-SA1,44,17 188. Page 700, line 15: after "street," insert "bridge,".

AB75-SSA1-SA1,44,20 189. Page 700, line 16: delete that line and substitute "road, street, bridge, sanitary sewer, or water main is acquired by, or dedicated to, a local governmental unit, including".

AB75-SSA1-SA1,44,22 190. Page 700, line 17: delete "(2) for ownership" and substitute "(2), for ownership or maintenance".

AB75-SSA1-SA1,45,2 191. Page 700, line 18: delete the material beginning with that line and ending with page 701, line 6 and substitute:

AB75-SSA1-SA1,45,3 " Section 1480e. 66.0903 (3) (am) of the statutes is amended to read:

AB75-SSA1-SA1,45,16 66.0903 (3) (am) A local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract, for the erection, construction, remodeling, repairing or, demolition, or improvement of any project of public works, including a highway, street or bridge construction project, shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work contemplated under contemplation in the area in which the work is to be done. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects of public works that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting local governmental unit.

AB75-SSA1-SA1, s. 1480g Section 1480g. 66.0903 (3) (ar) of the statutes is amended to read:

AB75-SSA1-SA1,45,24 66.0903 (3) (ar) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a construction project of public works extends into more than one area there shall be but one standard of prevailing wage rates for the entire project.".

AB75-SSA1-SA1,46,2 192. Page 700, line 24: delete "project is located" and substitute "work is to be done".

AB75-SSA1-SA1,46,3 193. Page 701, line 13: after that line insert:

AB75-SSA1-SA1,46,4 " Section 1481f. 66.0903 (3) (br) of the statutes is amended to read:

AB75-SSA1-SA1,46,18 66.0903 (3) (br) In addition to the recalculation under par. (bm), the local governmental unit that requested the determination under this subsection may request a review of any portion of a determination within 30 days after the date of issuance of the determination if the local governmental unit submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the determination does not represent the prevailing wage rate for that trade or occupation in the city, village, or town in which the proposed project of public works is located. That evidence shall include wage rate information for the contested trade or occupation on at least 3 similar projects located in the city, village, or town where the proposed project of public works is located and on which some work has been performed during the current survey period and which were considered by the department in issuing its most recent compilation under par. (ar). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review.".

AB75-SSA1-SA1,46,19 194. Page 701, line 18: after "project" insert "of public works".

AB75-SSA1-SA1,46,20 195. Page 702, line 8: after that line insert:

AB75-SSA1-SA1,46,21 " Section 1481j. 66.0903 (4) (a) 1. of the statutes is amended to read:

AB75-SSA1-SA1,46,23 66.0903 (4) (a) 1. All laborers, workers, mechanics , and truck drivers employed on the site of a project of public works that is subject to this section.

AB75-SSA1-SA1, s. 1481L Section 1481L. 66.0903 (4) (a) 2. of the statutes is amended to read:

AB75-SSA1-SA1,47,6 66.0903 (4) (a) 2. All laborers, workers, mechanics, and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies , or equipment on the site of a project of public works that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project of public works that is subject to this section by a contractor, subcontractor, agent, or other person performing any work on the site of the project.

AB75-SSA1-SA1, s. 1481m Section 1481m. 66.0903 (4) (b) 1. of the statutes is amended to read:

AB75-SSA1-SA1,47,14 66.0903 (4) (b) 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle.

AB75-SSA1-SA1, s. 1481n Section 1481n. 66.0903 (4) (b) 2. of the statutes is amended to read:

AB75-SSA1-SA1,47,19 66.0903 (4) (b) 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a project of public works that is subject to this section, pick up excavated material or spoil from the site of the project, and transport that excavated material or spoil away from the site of the project.".

AB75-SSA1-SA1,47,20 196. Page 702, line 9: delete lines 9 to 14.

AB75-SSA1-SA1,47,21 197. Page 703, line 7: delete lines 7 and 8 and substitute:

AB75-SSA1-SA1,47,22 " Section 1482j. 66.0903 (5) (c) of the statutes is created to read:

AB75-SSA1-SA1,47,24 66.0903 (5) (c) Minor service or maintenance work, warranty work, or work under a supply and installation contract.

AB75-SSA1-SA1, s. 1482L Section 1482L. 66.0903 (8) of the statutes is amended to read:

AB75-SSA1-SA1,48,8 66.0903 (8) Posting. For the information of the employees working on the project of public works, the prevailing wage rates determined by the department or exempted local governmental unit, the prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) shall be kept posted by the local governmental unit in at least one conspicuous and easily accessible place on the site of the project or, if there is no common site on the project, at the place normally used by the local governmental unit to post public notices.

AB75-SSA1-SA1, s. 1482n Section 1482n. 66.0903 (9) (b) of the statutes is amended to read:

AB75-SSA1-SA1,48,15 66.0903 (9) (b) Upon completion of a project of public works and before receiving final payment for his or her work on the project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until the affidavit is filed in proper form and order.

AB75-SSA1-SA1, s. 1482p Section 1482p. 66.0903 (9) (c) of the statutes is amended to read:

AB75-SSA1-SA1,49,6 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-SA1, s. 1483d Section 1483d. 66.0903 (10) (a) of the statutes is amended to read:

AB75-SSA1-SA1,49,13 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-SA1,49,19 198. 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-SA1,49,22 199. 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-SA1,49,23 200. Page 704, line 4: after that line insert:

AB75-SSA1-SA1,49,24 " Section 1483h. 66.0903 (10) (b) of the statutes is amended to read:

AB75-SSA1-SA1,50,9 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-SA1,50,10 201. Page 704, line 8: after "project" insert "of public works".

AB75-SSA1-SA1,50,11 202. Page 704, line 24: after that line insert:

AB75-SSA1-SA1,50,13 " Section 1484f. 66.0903 (11) (a) of the statutes is renumbered 66.0903 (11) (a) 1. and amended to read:

AB75-SSA1-SA1,50,21 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-SA1,51,10 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-SA1,51,15 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-SA1, s. 1485g Section 1485g. 66.0903 (11) (a) 2. of the statutes is created to read:

AB75-SSA1-SA1,51,25 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-SA1, s. 1485g Section 1485g. 66.0903 (11) (a) 4. of the statutes is created to read:

AB75-SSA1-SA1,52,11 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-SA1,52,12 203. Page 704, line 24: after that line insert:

AB75-SSA1-SA1,52,13 " Section 1484t. 66.0903 (11) (b) 2. of the statutes is amended to read:

AB75-SSA1-SA1,52,22 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-SA1, s. 1484v Section 1484v. 66.0903 (11) (b) 3. of the statutes is amended to read:

AB75-SSA1-SA1,53,10 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-SA1,53,11 204. Page 705, line 2: after "project" insert "of public works".

AB75-SSA1-SA1,53,12 205. Page 705, line 8: after "project" insert "of public works".

AB75-SSA1-SA1,53,13 206. Page 705, line 13: after that line insert:

AB75-SSA1-SA1,53,14 " Section 1486f. 66.0903 (12) (d) of the statutes is amended to read:

AB75-SSA1-SA1,53,24 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-SA1,53,25 207. Page 706, line 2: after that line insert:

AB75-SSA1-SA1,54,3 "(am) "Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).".

AB75-SSA1-SA1,54,4 208. Page 706, line 4: delete lines 4 to 19 and substitute:

AB75-SSA1-SA1,54,12 "(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-SA1,54,16 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-SA1,54,24 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-SA1,54,25 209. Page 706, line 22: after that line insert:

AB75-SSA1-SA1,55,8 "(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-SA1,55,9 210. Page 706, line 25: delete "or".

AB75-SSA1-SA1,55,10 211. Page 707, line 1: after "demolition" insert ", or improvement".

AB75-SSA1-SA1,55,11 212. Page 707, line 8: delete "or".

AB75-SSA1-SA1,55,12 213. Page 707, line 9: after "demolition" insert ", or improvement".

AB75-SSA1-SA1,55,13 214. Page 707, line 16: delete lines 16 to 18.

AB75-SSA1-SA1,55,14 215. Page 707, line 19: delete "unit." and substitute:

AB75-SSA1-SA1,55,20 "(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-SA1,55,22 216. Page 707, line 20: delete "that is subject to s 66.0903" and substitute ", as defined in s. 66.0903 (1) (h),".

AB75-SSA1-SA1,55,23 217. Page 708, line 1: delete "facility" and substitute "residential property".

AB75-SSA1-SA1,55,24 218. Page 708, line 2: after that line insert:

AB75-SSA1-SA1,56,7 "(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-SA1,56,9 219. Page 708, line 6: delete "or demolition" and substitute ", demolition, or improvement".

AB75-SSA1-SA1,56,12 220. 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-SA1,56,14 221. Page 709, line 11: after "equipment" insert "for which direct financial assistance is received".

AB75-SSA1-SA1,56,15 222. Page 710, line 9: delete lines 9 to 12.

AB75-SSA1-SA1,56,17 223. Page 710, line 20: delete "project is located" and substitute "work is to be done".

AB75-SSA1-SA1,56,18 224. Page 711, line 3: after "providing" insert "direct".

AB75-SSA1-SA1,56,19 225. Page 712, line 25: delete that line and substitute:

AB75-SSA1-SA1,56,21 "(c) Minor service or maintenance work, warranty work, or work under a supply and installation contract.".

AB75-SSA1-SA1,57,4 226. 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,".