AB75-SSA1-SA1,50,9
166.0903
(10) (b) The department or the contracting local governmental unit
2may demand and examine, and every contractor, subcontractor
, and contractor's or
3subcontractor's agent shall keep, and furnish upon request by the department or
4local governmental unit, copies of payrolls and other records and information
5relating to the wages paid to persons performing the work described in sub. (4) for
6work to which this section applies. The department may inspect records in the
7manner provided in ch. 103. Every contractor, subcontractor
, or agent performing
8work on a project
of public works that is subject to this section is subject to the
9requirements of ch. 103 relating to the examination of records.".
AB75-SSA1-SA1,50,13
12"
Section 1484f. 66.0903 (11) (a) of the statutes is renumbered 66.0903 (11) (a)
131. and amended to read:
AB75-SSA1-SA1,50,2114
66.0903
(11) (a) 1. Any contractor, subcontractor
, or contractor's or
15subcontractor's agent who fails to pay the prevailing wage rate determined by the
16department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
17pay for all hours worked in excess of the prevailing hours of labor is liable to any
18affected employee in the amount of his or her unpaid wages or his or her unpaid
19overtime compensation and in an additional
equal amount as liquidated damages
.
20An action to recover the liability may be maintained in any court of competent
21jurisdiction by any as provided under subd. 2., 3., or 4., whichever is applicable.
AB75-SSA1-SA1,51,10
223. In addition to or in lieu of recovering the liability specified in subd. 1. as
23provided in subd. 2., any employee for and in behalf of that employee and other
24employees similarly situated
. may commence an action to recover that liability in
1any court of competent jurisdiction. In an action that is commenced before the end
2of any period specified by the department under subd. 2., if the court finds that a
3contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
4the prevailing wage rate determined by the department under sub. (3) or has paid
5less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
6prevailing hours of labor, the court shall order the contractor, subcontractor, or agent
7to pay to any affected employee the amount of his or her unpaid wages or his or her
8unpaid overtime compensation and an additional amount equal to 100 percent of the
9amount of those unpaid wages or that unpaid overtime compensation as liquidated
10damages.
AB75-SSA1-SA1,51,15
115. No employee may be a party plaintiff to
the an action
under subd. 3. or 4. 12unless the employee consents in writing to become a party and the consent is filed
13in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court
14shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney
15fees and costs to be paid by the defendant.
AB75-SSA1-SA1,51,2517
66.0903 (11) (a) 2. If the department determines upon inspection under sub.
18(10) (b) or (c) that a contractor, subcontractor, or contractor's or subcontractor's agent
19has failed to pay the prevailing wage rate determined by the department under sub.
20(3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked
21in excess of the prevailing hours of labor, the department shall order the contractor
22to pay to any affected employee the amount of his or her unpaid wages or his or her
23unpaid overtime compensation and an additional amount equal to 100 percent of the
24amount of those unpaid wages or that unpaid overtime compensation as liquidated
25damages within a period specified by the department in the order.
AB75-SSA1-SA1,52,112
66.0903 (11) (a) 4. In an action that is commenced after the end of any period
3specified by the department under subd. 2., if the court finds that a contractor,
4subcontractor, or contractor's or subcontractor's agent has failed to pay the
5prevailing wage rate determined by the department under sub. (3) or has paid less
6than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
7prevailing hours of labor, the court shall order the contractor, subcontractor, or agent
8to pay to any affected employee the amount of his or her unpaid wages or his or her
9unpaid overtime compensation and an additional amount equal to 200 percent of the
10amount of those unpaid wages or that unpaid overtime compensation as liquidated
11damages.".
AB75-SSA1-SA1,52,2214
66.0903
(11) (b) 2. Whoever induces any person who seeks to be or is employed
15on any project
of public works that is subject to this section to give up, waive
, or
16return any part of the wages to which the person is entitled under the contract
17governing the project, or who reduces the hourly basic rate of pay normally paid to
18a person for work on a project that is not subject to this section during a week in which
19the person works both on a project
of public works that is subject to this section and
20on a project that is not subject to this section, by threat not to employ, by threat of
21dismissal from employment
, or by any other means is guilty of an offense under s.
22946.15 (1).
AB75-SSA1-SA1,53,10
166.0903
(11) (b) 3. Any person employed on a project
of public works that is
2subject to this section who knowingly permits a contractor, subcontractor
, or
3contractor's or subcontractor's agent to pay him or her less than the prevailing wage
4rate set forth in the contract governing the project, who gives up, waives
, or returns
5any part of the compensation to which he or she is entitled under the contract, or who
6gives up, waives
, or returns any part of the compensation to which he or she is
7normally entitled for work on a project that is not subject to this section during a
8week in which the person works both on a project
of public works that is subject to
9this section and on a project that is not subject to this section, is guilty of an offense
10under s. 946.15 (2).".
AB75-SSA1-SA1,53,2415
66.0903
(12) (d) Any person submitting a bid or negotiating a contract on a
16project
of public works that is subject to this section shall, on the date the person
17submits the bid or negotiates the contract, identify any construction business in
18which the person, or a shareholder, officer or partner of the person, if the person is
19a business, owns, or has owned at least a 25% interest on the date the person submits
20the bid or negotiates the contract or at any other time within 3 years preceding the
21date the person submits the bid or negotiates the contract, if the business has been
22found to have failed to pay the prevailing wage rate determined under sub. (3) or to
23have paid less than 1.5 times the hourly basic rate of pay for all hours worked in
24excess of the prevailing hours of labor.".
AB75-SSA1-SA1,54,3
2"(am) "Bona fide economic benefit" has the meaning given in s. 103.49 (1)
3(am).".
AB75-SSA1-SA1,54,12
5"(c) "Direct financial assistance" means moneys, in the form of a grant or other
6agreement or included as part of a contract, cooperative agreement, or any other
7arrangement, including a redevelopment agreement under s. 66.1333 (5), economic
8development agreement, contract under s. 66.1105 (3), or assistance provided under
9s. 66.1109, that a local governmental unit directly provides or otherwise directly
10makes available to assist in the erection, construction, repair, remodeling,
11demolition, or improvement of a private facility. "Direct financial assistance" does
12not include any of the following:
AB75-SSA1-SA1,54,1613
1. A public works contract, a supply procurement contract, a contract of
14insurance or guaranty, a collective bargaining agreement, or any other contract
15under which moneys are not directly provided or otherwise directly made available
16for that assistance.
AB75-SSA1-SA1,54,2417
2. Any moneys allocated by the city of Milwaukee for the purchase of public
18access easements that are located entirely in the Milwaukee Riverwalk Site Plan
19Review Overlay District established by the city of Milwaukee, as amended to June
201, 2009, or for the construction of dockwalls, walkways, plazas, parks, private
21roadways open to the public, or similar improvements, or for any other public
22infrastructure improvements, that are located entirely in that district, if the work
23on those improvements is subject to s. 66.0903 or is exempted from that section under
24s. 66.0903 (6).".
AB75-SSA1-SA1,55,8
2"(fm) "Minor service and maintenance work" means a publicly funded private
3construction project that is limited to minor crack filling, chip or slurry sealing, or
4other minor pavement patching, not including overlays, that has a projected life span
5of no longer than 5 years; the depositing of gravel on an existing gravel road applied
6solely to maintain the road; road shoulder maintenance; cleaning of drainage or
7sewer ditches or structures; or any other limited, minor work on private facilities or
8equipment that is routinely performed to prevent breakdown or deterioration.".
AB75-SSA1-SA1,55,20
15"(i) "Publicly funded private construction project" means a construction project
16in which the developer, investor, or owner of the project receives direct financial
17assistance from a local governmental unit for the erection, construction, repair,
18remodeling, demolition, or improvement, including any alteration, painting,
19decorating, or grading, of a private facility, including land, a building, or other
20infrastructure.".
AB75-SSA1-SA1,56,7
2"(im) "Supply and installation contract" means a contract under which the
3material is installed by the supplier, the material is installed by means of simple
4fasteners or connectors such as screws or nuts and bolts and no other work is
5performed on the site of the publicly funded private construction project, and the
6total labor cost to install the material does not exceed 20 percent of the total cost of
7the contract.".
AB75-SSA1-SA1,56,12
10220. Page 709, line 9: delete "section." and substitute "section in the
11performance of erection, construction, remodeling, repair, demolition, or
12improvement activities for which direct financial assistance is received.".
AB75-SSA1-SA1,56,21
20"(c) Minor service or maintenance work, warranty work, or work under a supply
21and installation contract.".
AB75-SSA1-SA1,57,4
22226. Page 715, line 1: delete lines 1 and 2 and substitute "apply to a
23contractor, subcontractor, or agent if all persons employed by the contractor,
1subcontractor, or agent who are performing the work described in sub. (3) 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-SA1,57,6
5227. Page 715, line 4: delete "the collective bargaining agreement" and
6substitute "all collective bargaining agreements that are pertinent to the project".
AB75-SSA1-SA1,57,15
9"
(9) Liability and penalties. (a) 1. Any contractor, subcontractor, or
10contractor's or subcontractor's agent who fails to pay the prevailing wage rate
11determined by the department under sub. (4) or who pays less than 1.5 times the
12hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
13is liable to any affected employee in the amount of his or her unpaid wages or his or
14her unpaid overtime compensation and in an additional amount as liquidated
15damages as provided in subd. 2., 3., or 4., whichever is applicable.
AB75-SSA1-SA1,57,2416
2. If the department determines upon inspection under sub. (8) (b) or (c) that
17a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
18the prevailing wage rate determined by the department under sub. (4) or has paid
19less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
20prevailing hours of labor, the department shall order the contractor to pay to any
21affected employee the amount of his or her unpaid wages or his or her unpaid
22overtime compensation and an additional amount equal to 100 percent of the amount
23of those unpaid wages or that unpaid overtime compensation as liquidated damages
24within a period specified by the department in the order.
AB75-SSA1-SA1,58,13
13. In addition to or in lieu of recovering the liability specified in subd. 1. as
2provided in subd. 2., any employee for and in behalf of that employee and other
3employees similarly situated may commence an action to recover that liability in any
4court of competent jurisdiction. In an action that is commenced before the end of any
5period specified by the department under subd. 2., if the court finds that a contractor,
6subcontractor, or contractor's or subcontractor's agent has failed to pay the
7prevailing wage rate determined by the department under sub. (4) or has paid less
8than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
9prevailing hours of labor, the court shall order the contractor, subcontractor, or agent
10to pay to any affected employee the amount of his or her unpaid wages or his or her
11unpaid overtime compensation and an additional amount equal to 100 percent of the
12amount of those unpaid wages or that unpaid overtime compensation as liquidated
13damages.
AB75-SSA1-SA1,58,2214
4. In an action that is commenced after the end of any period specified by the
15department under subd. 2., if the court finds that a contractor, subcontractor, or
16contractor's or subcontractor's agent has failed to pay the prevailing wage rate
17determined by the department under sub. (4) or has paid less than 1.5 times the
18hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
19the court shall order the contractor, subcontractor, or agent to pay to any affected
20employee the amount of his or her unpaid wages or his or her unpaid overtime
21compensation and an additional amount equal to 200 percent of the amount of those
22unpaid wages or that unpaid overtime compensation as liquidated damages.
AB75-SSA1-SA1,59,223
5. No employee may be a party plaintiff to an action under subd. 3. or 4. unless
24the employee consents in writing to become a party and the consent is filed in the
25court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall,
1in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
2and costs to be paid by the defendant.".
AB75-SSA1-SA1,59,18
10"(e)
Chequamegon Bay regional transit authority. 1. The Chequamegon Bay
11regional transit authority, a public body corporate and politic and a separate
12governmental entity, is created if the governing bodies of the counties of Ashland and
13Bayfield each adopt a resolution authorizing that county to become a member of the
14authority and each resolution is ratified by the electors at a referendum held in each
15county. Once created, this authority shall consist of the counties of Ashland and
16Bayfield and any municipality located in whole or in part within these counties.
17Once created, this authority may transact business and exercise any powers granted
18to it under this section.
AB75-SSA1-SA1,59,2019
2. The jurisdictional area of the authority created under this subsection is the
20combined territorial boundaries of the counties of Ashland and Bayfield.".
AB75-SSA1-SA1,60,3
1236. Page 724, line 4: after "authority," insert "or from a city within the
2jurisdictional area of the authority other than a city from which a member is
3appointed under subd. 2. or 4.,".
AB75-SSA1-SA1,60,9
4237. Page 724, line 5: after "Association." insert "A member appointed under
5this subdivision may not serve more than one consecutive term. Board membership
6under this subdivision shall follow a rotating order of succession and every village
7or city eligible to have a member appointed from that village or city shall have such
8a member appointed before any village or city has an opportunity to have another
9member appointed under this subdivision.".
AB75-SSA1-SA1,60,13
11"(f) 1. If an authority is created under sub. (2) (e), the board of directors of the
12authority shall be determined by resolution of the governing bodies of the counties
13of Ashland and Bayfield, except that all of the following shall apply:
AB75-SSA1-SA1,60,1414
a. The board of directors shall consist of not more than 17 members.
AB75-SSA1-SA1,60,1715
b. The board of directors shall include at least 3 members each from the
16counties of Ashland and Bayfield, appointed by the county executive and approved
17by the county board.
AB75-SSA1-SA1,60,2018
c. The board of directors shall include at least one member from the most
19populous city of each county that is a member, appointed by the mayor of the city and
20approved by the common council of the city.
AB75-SSA1-SA1,60,2221
d. The board of directors shall include at least one member from the authority's
22jurisdictional area, appointed by the governor.
AB75-SSA1-SA1,61,223
2. If the governing bodies of the counties of Ashland and Bayfield are unable
24to agree upon a composition of the board of directors as specified in subd. 1., the board
1of directors of the authority shall be limited to the minimum members specified in
2subd. 1. b. to d.".
AB75-SSA1-SA1,61,5
4"4. The composition of the board of directors of the authority, as determined
5under par. (f).".
AB75-SSA1-SA1,61,15
11"4. Notwithstanding subd. 1., an authority created under sub. (2) (e) may not
12impose the taxes authorized under subd. 1. unless the authorizing resolution under
13sub. (2) (e) 1., as well as the referendum question on the referendum ballot specified
14in sub. (2) (e) 1., clearly identifies the maximum rate of the taxes that may be imposed
15by the authority under subd. 1.".
