Amendment SA1-SSA1-AB75

AB75-SSA1-SA1,85,20 84.03 (5) Grant to city of Oak Creek for I 94 interchange. If the department constructs an interchange on I 94 at Drexel Avenue in the city of Oak Creek in Milwaukee County, the department shall award a grant, from the appropriation under s. 20.395 (3) (cr), in the amount of $3,750,000 to the city of Oak Creek for the city's share of the cost of constructing this interchange.".

AB75-SSA1-SA1,85,21 313. Page 1057, line 22: after that line insert:

AB75-SSA1-SA1,85,22 " Section 1924e. 84.1052 of the statutes is created to read:

AB75-SSA1-SA1,86,2 84.1052 Gulf War Veterans Bridge. The department shall designate and mark the bridge on USH 41 across I 94 in Milwaukee County as the "Gulf War Veterans Bridge" as a living memorial to and in honor of all Wisconsin veterans, living and dead, of the Gulf War.".

AB75-SSA1-SA1,86,4 314. Page 1057, line 23: delete the material beginning with that line and ending with page 1058, line 22.

AB75-SSA1-SA1,86,6 315. Page 1063, line 7: delete "KRM" and substitute " southeastern regional transit".

AB75-SSA1-SA1,86,7 316. Page 1063, line 17: after that line insert:

AB75-SSA1-SA1,86,9 "(am) The project is for the installation or maintenance of warning devices at railroad highway crossings.".

AB75-SSA1-SA1,86,11 317. Page 1064, line 6: delete the material beginning with "the" and ending with "(a)" on line 7 and substitute "Milwaukee County".

AB75-SSA1-SA1,86,13 318. Page 1064, line 7: delete "KRM" and substitute "southeastern regional transit".

AB75-SSA1-SA1,86,15 319. Page 1096, line 16: delete "A farmland" and substitute "Except as provided in s. 84.01 (34), a farmland".

AB75-SSA1-SA1,86,17 320. Page 1097, line 9: delete "A farmland" and substitute "Except as provided in s. 84.01 (34), a farmland".

AB75-SSA1-SA1,86,18 321. Page 1166, line 11: after that line insert:

AB75-SSA1-SA1,86,19 " Section 2186w. 103.49 (1) (am) of the statutes is created to read:

AB75-SSA1-SA1,87,2 103.49 (1) (am) "Bona fide economic benefit" means an economic benefit for which an employer makes irrevocable contributions to a trust or fund created under 29 USC 186 (c) (9) or to any other plan, trust, program, or fund no less often than quarterly or, if an employer makes annual contributions to such a plan, trust, program, or fund, for which the employer irrevocably escrows moneys at least quarterly based on the employer's expected annual contribution.".

AB75-SSA1-SA1,87,3 322. Page 1166, line 11: after that line insert:

AB75-SSA1-SA1,87,4 " Section 2186t. 103.49 (1) (a) of the statutes is amended to read:

AB75-SSA1-SA1,87,13 103.49 (1) (a) "Area" means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, "area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, "area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, "area" means the entire state or, if the department is requested to review a determination under sub. (3) (c), "area" means the city, village , or town in which a proposed project of public works that is subject to this section is located.

AB75-SSA1-SA1, s. 2186v Section 2186v. 103.49 (1) (bg) of the statutes is amended to read:

AB75-SSA1-SA1,87,17 103.49 (1) (bg) "Insufficient wage data" means less than 500 hours of work performed in a particular trade or occupation on projects that are similar to a proposed project of public works that is subject to this section.

AB75-SSA1-SA1, s. 2186x Section 2186x. 103.49 (1) (bj) of the statutes is created to read:

AB75-SSA1-SA1,87,24 103.49 (1) (bj) "Minor service and maintenance work" means a project of public works 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 cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.".

AB75-SSA1-SA1,87,25 323. Page 1166, line 12: after that line insert:

AB75-SSA1-SA1,88,2 " Section 2187f. 103.49 (1) (d) 1. of the statutes is amended to read:

AB75-SSA1-SA1,88,9 103.49 (1) (d) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or, demolition, or improvement of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation on projects in the area.

AB75-SSA1-SA1, s. 2187h Section 2187h. 103.49 (1) (d) 2. of the statutes is amended to read:

AB75-SSA1-SA1,88,20 103.49 (1) (d) 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing or, demolition, or improvement of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51% of hours worked in that trade or occupation on projects in that area.

AB75-SSA1-SA1, s. 2187j Section 2187j. 103.49 (1) (dm) of the statutes is created to read:

AB75-SSA1-SA1,89,2 103.49 (1) (dm) "Project of public works" means a project involving the erection, construction, repair, remodeling, demolition, or improvement, including any alteration, painting, decorating, or grading, of a public facility, including land, a building, or other infrastructure.".

AB75-SSA1-SA1,89,3 324. Page 1166, line 13: after that line insert:

AB75-SSA1-SA1,89,4 " Section 2188e. 103.49 (1) (f) of the statutes is amended to read:

AB75-SSA1-SA1,89,11 103.49 (1) (f) "State agency" means any office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. "State agency" also includes a state public body and corporate created by constitution, statute, rule, or order, including specifically the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Wisconsin Aerospace Authority.

AB75-SSA1-SA1, s. 2188f Section 2188f. 103.49 (1) (fm) of the statutes is created to read:

AB75-SSA1-SA1,89,17 103.49 (1) (fm) "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 project of public works, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract.".

AB75-SSA1-SA1,89,19 325. Page 1166, line 16: delete "remodeled, repaired, or demolished" and substitute "repaired, remodeled, demolished, or improved".

AB75-SSA1-SA1,89,20 326. Page 1166, line 18: after that line insert:

AB75-SSA1-SA1,89,23 "(a) A project erected, constructed, repaired, remodeled, demolished, or improved by one state agency for another state agency under any contract or under any statute specifically authorizing cooperation between state agencies.".

AB75-SSA1-SA1,89,24 327. Page 1166, line 19: delete that line and substitute:

AB75-SSA1-SA1,89,25 "(b) A project in which the completed facility is leased,".

AB75-SSA1-SA1,90,4 328. Page 1166, line 21: delete "construction of the building" and substitute "erection, construction, repair, remodeling, demolition, or improvement of the facility".

AB75-SSA1-SA1,90,6 329. Page 1166, line 22: delete "(b) A road, street, sanitary sewer," and substitute:

AB75-SSA1-SA1,90,7 "(c) A "sanitary sewer".

AB75-SSA1-SA1,90,10 330. Page 1166, line 23: delete that line and substitute "sanitary sewer or water main is acquired by, or dedicated to, the state for ownership or maintenance by".

AB75-SSA1-SA1,90,12 331. Page 1167, line 2: delete "or demolition" and substitute "demolition , or improvement".

AB75-SSA1-SA1,90,13 332. Page 1167, line 15: after "a project" insert "of public works".

AB75-SSA1-SA1,90,14 333. Page 1167, line 23: after that line insert:

AB75-SSA1-SA1,90,15 " Section 2188k. 103.49 (2m) (a) 1. of the statutes is amended to read:

AB75-SSA1-SA1,90,17 103.49 (2m) (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. 2188m Section 2188m. 103.49 (2m) (a) 2. of the statutes is amended to read:

AB75-SSA1-SA1,90,24 103.49 (2m) (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. 2188p Section 2188p. 103.49 (2m) (b) 1. of the statutes is amended to read:

AB75-SSA1-SA1,91,8 103.49 (2m) (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. 2188r Section 2188r. 103.49 (2m) (b) 2. of the statutes is amended to read:

AB75-SSA1-SA1,91,13 103.49 (2m) (b) 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project of public works and transport that excavated material or spoil away from the site of the project.".

AB75-SSA1-SA1,91,15 334. Page 1167, line 24: delete the material beginning with that line and ending with page 1168, line 5.

AB75-SSA1-SA1,91,17 335. Page 1168, line 10: delete the material beginning with "work" and ending with "located" on line 11 and substitute "work is to be done".

AB75-SSA1-SA1,91,18 336. Page 1168, line 13: after "projects" insert "of public works".

AB75-SSA1-SA1,91,19 337. Page 1168, line 21: after that line insert:

AB75-SSA1-SA1,91,20 " Section 2188v. 103.49 (3) (am) of the statutes is amended to read:

AB75-SSA1-SA1,92,3 103.49 (3) (am) 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-SA1,92,4 338. Page 1169, line 3: after that line insert:

AB75-SSA1-SA1,92,5 " Section 2189v. 103.49 (3) (c) of the statutes is amended to read:

AB75-SSA1-SA1,92,19 103.49 (3) (c) In addition to the recalculation under par. (b), the state agency 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 state agency 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 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. (am). 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-SA1,92,20 339. Page 1169, line 16: delete lines 16 and 17 and substitute:

AB75-SSA1-SA1,92,21 " Section 2190j. 103.49 (3g) (c) of the statutes is created to read:

AB75-SSA1-SA1,92,23 103.49 (3g) (c) Minor service or maintenance work, warranty work, or work under a supply and installation contract.

AB75-SSA1-SA1, s. 2190n Section 2190n. 103.49 (4r) (b) of the statutes is amended to read:

AB75-SSA1-SA1,93,6 103.49 (4r) (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. 2190p Section 2190p. 103.49 (4r) (c) of the statutes is amended to read:

AB75-SSA1-SA1,93,21 103.49 (4r) (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 state agency 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 state agency may not authorize a final payment until the affidavit is filed in proper form and order. If a state agency 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. (2m) 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 state agency withhold all or part of the final payment, but the state agency fails to do so, the state agency is liable for all back wages payable up to the amount of the final payment.

AB75-SSA1-SA1, s. 2191d Section 2191d. 103.49 (5) (a) of the statutes is amended to read:

AB75-SSA1-SA1,94,3 103.49 (5) (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. (2m) 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-SA1,94,9 340. Page 1169, line 25: delete the material beginning with that line and ending with page 1170, line 1, 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. (2m) 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-SA1,94,12 341. Page 1170, line 3: delete "the collective bargaining agreement" and substitute "all collective bargaining agreements that are pertinent to the project of public works".

AB75-SSA1-SA1,94,13 342. Page 1170, line 13: after that line insert:

AB75-SSA1-SA1,94,14 " Section 2191h. 103.49 (5) (b) of the statutes is amended to read:

AB75-SSA1-SA1,95,2 103.49 (5) (b) It shall be the duty of the department to enforce this section. To this end it may demand and examine, and every contractor, subcontractor, and contractor's and subcontractor's agent shall keep, and furnish upon request by the department, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (2m) for work to which this section applies. The department may inspect records in the manner provided in this chapter. 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 this chapter relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.".

AB75-SSA1-SA1,95,3 343. Page 1170, line 17: after "project" insert "of public works".

AB75-SSA1-SA1,95,4 344. Page 1171, line 8: after that line insert:

AB75-SSA1-SA1,95,6 " Section 2192e. 103.49 (6m) (a) of the statutes is renumbered 103.49 (6m) (am).

AB75-SSA1-SA1, s. 2192f Section 2192f. 103.49 (6m) (ag) of the statutes is created to read:

AB75-SSA1-SA1,95,14 103.49 (6m) (ag) 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 amount as liquidated damages as provided in subd. 2., 3., or 4., whichever is applicable.

AB75-SSA1-SA1,95,23 2. If the department determines upon inspection under sub. (5) (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-SA1,96,13 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-SA1,96,22 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-SA1,97,2 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-SA1,97,3 345. Page 1171, line 8: after that line insert:

AB75-SSA1-SA1,97,4 " Section 2192p. 103.49 (6m) (b) of the statutes is amended to read:

AB75-SSA1-SA1,97,12 103.49 (6m) (b) 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).