Amendment SA1-SSA1-AB75

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).

AB75-SSA1-SA1, s. 2192r Section 2192r. 103.49 (6m) (c) of the statutes is amended to read:

AB75-SSA1-SA1,97,23 103.49 (6m) (c) 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-SA1,97,24 346. Page 1171, line 11: after "project" insert "of public works".

AB75-SSA1-SA1,97,25 347. Page 1171, line 17: after "project" insert "of public works".

AB75-SSA1-SA1,98,2 348. Page 1171, line 22: after that line insert:

AB75-SSA1-SA1,98,3 " Section 2194g. 103.49 (6m) (f) of the statutes is amended to read:

AB75-SSA1-SA1,98,6 103.49 (6m) (f) Paragraph (a) (am) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) (a) or (am).".

AB75-SSA1-SA1,98,7 349. Page 1171, line 22: after that line insert:

AB75-SSA1-SA1,98,8 " Section 2194j. 103.49 (7) (d) of the statutes is amended to read:

AB75-SSA1-SA1,98,17 103.49 (7) (d) Any person submitting a bid on a project of public works that is subject to this section shall, on the date the person submits the bid, 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 at any other time within 3 years preceding the date the person submits the bid, 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-SA1,98,18 350. Page 1174, line 25: after "provides" insert "direct".

AB75-SSA1-SA1,98,19 351. Page 1175, line 2: after that line insert:

AB75-SSA1-SA1,98,20 " Section 2207e. 104.04 of the statutes is renumbered 104.04 (1).

AB75-SSA1-SA1, s. 2207f Section 2207f. 104.04 (1) (title) of the statutes is created to read:

AB75-SSA1-SA1,98,22 104.04 (1) (title) Department to determine.

AB75-SSA1-SA1, s. 2207g Section 2207g. 104.04 (2) of the statutes is created to read:

AB75-SSA1-SA1,99,4 104.04 (2) Department to revise. (a) In this subsection, "consumer price index" means the average of the consumer price index over each 12-month period for all urban consumers, U.S. city average, as determined by the bureau of labor statistics in the U.S. department of labor.

AB75-SSA1-SA1,99,19 (b) Subject to pars. (c) and (d), by September 1 of each year, the department, using the procedures under s. 227.24, shall promulgate rules to revise the living wages determined under sub. (1). The department shall determine those revised living wages by calculating the percentage difference between the consumer price index for the 12-month period ending on May 31 of the preceding year and the consumer price index for the 12-month period ending on May 31 of the current year, adjusting the living wages in effect on August 31 of the current year by that percentage difference, and rounding that result to the nearest multiple of 5 cents, except that, for a weekly living wage, the department shall round the result to the nearest dollar. Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department may promulgate an emergency rule under s. 227.24 revising the living wages determined under sub. (1) without providing evidence that the emergency rule is necessary to preserve the public peace, health, safety, or welfare and without a finding of emergency. A revised living wage determined under this paragraph shall first apply to wages earned on September 1 of the year in which the living wage is revised.

AB75-SSA1-SA1,99,22 (c) Paragraph (b) does not apply if the consumer price index for the 12-month period ending on May 31 of the current year has not increased over the consumer price index for the 12-month period ending on May 31 of the preceding year.

AB75-SSA1-SA1,99,24 (d) Paragraph (b) does not preclude the department from promulgating rules to increase a living wage determined under par. (b) or sub. (1).".

AB75-SSA1-SA1,99,25 352. Page 1175, line 6: delete lines 6 and 7.

AB75-SSA1-SA1,100,2 353. Page 1175, line 11: delete lines 11 and 12.

AB75-SSA1-SA1,100,4 354. Page 1175, line 16: delete the material beginning with that line and ending with page 1180, line 3, and substitute:

AB75-SSA1-SA1,100,15 "(2) Apprenticeship reports. (a) By no later than 15 days after the end of a month in which an employer performs work on a project, the employer shall submit to the department in an electronic format a report of the daily number of employees employed by the employer on the project in trades that are apprenticeable under this subchapter, the daily number of apprentices employed on the project, the race, sex, and average age of those apprentices, and the daily number of hours worked by those apprentices. The department shall post on its Internet site a running summary of those reports summarizing for each month the total number of employees employed on projects in this state in trades that are apprenticeable under this subchapter, the total number of apprentices employed on those projects, the race, sex, and average age of those apprentices, and the total number of hours worked by those apprentices.

AB75-SSA1-SA1,100,23 (b) The department shall grant an employer a total grace period of not more than 10 days in each calendar year for submitting the reports under par. (a). All projects on which an employer performs work during a calendar year, whether as a contractor, subcontractor, or agent of a contractor or subcontractor, are subject to a single grace period under this paragraph. If an employer exceeds that grace period, the employer shall forfeit, for each project on which the employer performs work during the calendar year, $1,000 for each day by which the employer exceeds the grace period.

AB75-SSA1-SA1,101,5 (3) Waiver. If the department grants an exception or modification to any requirement in any contract for the performance of work on a project relating to the employment and training of apprentices, the department shall post that information on its Internet site, together with a detailed explanation of why the exception or modification was granted.

AB75-SSA1-SA1,101,14 (4) Debarment. (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies a list of all persons whom the department has found to have exceeded the grace period under sub. (2) (b) at any time in the preceding 3 years. The department shall include with any name the address of the person and shall specify when the person exceeded the grace period under sub. (2) (b). A state agency may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date on which the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

AB75-SSA1-SA1,101,17 (b) The department may not include in a notification under par. (a) the name of any person on the basis of having let work to a person whom the department has found to have exceeded the grace period under sub. (2) (b).

AB75-SSA1-SA1,101,22 (c) This subsection does not apply to any contractor, subcontractor, or agent who in good faith on no more than 2 occasions in the same calendar year commits a minor violation of sub. (2) (b), as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or who has not exhausted or waived all appeals.

AB75-SSA1-SA1,102,4 (d) Any person submitting a bid on a project that is subject to this section shall, on the date on which the person submits the bid, 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 percent interest on the date on which the person submits the bid or at any other time within 3 years preceding the date on which the person submits the bid, if the business has been found to have exceeded the grace period under sub. (2) (b).

AB75-SSA1-SA1,102,5 (e) The department shall promulgate rules to administer this subsection.".

AB75-SSA1-SA1,102,6 355. Page 1189, line 22: delete lines 22 to 25 and substitute:

AB75-SSA1-SA1,102,7 " Section 2225. 111.70 (1) (ne) of the statutes is amended to read:

AB75-SSA1-SA1,102,10 111.70 (1) (ne) "School district professional employee" means a municipal employee who is a professional employee and who is employed to perform services for a school district.

AB75-SSA1-SA1, s. 2225f Section 2225f. 111.70 (3) (a) 4. of the statutes is amended to read:

AB75-SSA1-SA1,103,5 111.70 (3) (a) 4. To refuse to bargain collectively with a representative of a majority of its employees in an appropriate collective bargaining unit. Such refusal shall include action by the employer to issue or seek to obtain contracts, including those provided for by statute, with individuals in the collective bargaining unit while collective bargaining, mediation or fact-finding concerning the terms and conditions of a new collective bargaining agreement is in progress, unless such individual contracts contain express language providing that the contract is subject to amendment by a subsequent collective bargaining agreement. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in an appropriate bargaining unit does in fact have that support, it may file with the commission a petition requesting an election to that claim. An employer shall not be deemed to have refused to bargain until an election has been held and the results thereof certified to the employer by the commission. The violation shall include, though not be limited thereby, to the refusal to execute a collective bargaining agreement previously agreed upon. The term of any collective bargaining agreement covering municipal employees who are not school district employees shall not exceed 3 years, and the term of any collective bargaining agreement covering school district employees shall not exceed 4 years.".

AB75-SSA1-SA1,103,7 356. Page 1190, line 19: after "employees" insert " and shall adhere to subd. 7p. for a collective bargaining unit consisting of school district employees".

AB75-SSA1-SA1,103,9 357. Page 1190, line 20: delete the material beginning with that line and ending with page 1192, line 18, and substitute:

AB75-SSA1-SA1,103,10 " Section 2227. 111.70 (4) (cm) 5s. of the statutes is repealed.".

AB75-SSA1-SA1,103,11 358. Page 1195, line 22: after that line insert:

AB75-SSA1-SA1,103,12 " Section 2231p. 111.70 (4) (cm) 7p. of the statutes is created to read:

AB75-SSA1-SA1,103,18 111.70 (4) (cm) 7p. `Factors for school districts.' In making any decision under the arbitration procedures authorized by this paragraph, if the decision involves a collective bargaining unit consisting of school district employees, the arbitrator or arbitration panel may not give weight to accumulated fund balances, and, if the decision is in the favor of the labor union, the municipal employer may not use any accumulated fund balance for municipal employee salaries or fringe benefits.".

AB75-SSA1-SA1,103,19 359. Page 1196, line 3: after that line insert:

AB75-SSA1-SA1,103,20 " Section 2232c. 111.70 (4) (cm) 7r. k. of the statutes is created to read:

AB75-SSA1-SA1,103,22 111.70 (4) (cm) 7r. k. Any funding limitation, funding authority, or funding source when raised by either party in the arbitration.".

AB75-SSA1-SA1,103,23 360. Page 1198, line 14: delete lines 14 to 18.

AB75-SSA1-SA1,103,24 361. Page 1199, line 1: delete lines 1 to 24.

AB75-SSA1-SA1,103,25 362. Page 1201, line 10: delete lines 10 to 19.

AB75-SSA1-SA1,104,2 363. Page 1205, line 7: delete "632.895 (14m)" and substitute "632.885".

AB75-SSA1-SA1,104,4 364. Page 1207, line 3: delete "and academic staff" and substitute ", academic staff, and".

AB75-SSA1-SA1,104,6 365. Page 1207, line 4: before "labor relations" insert "research assistant".

AB75-SSA1-SA1,104,8 366. Page 1207, line 6: delete "and academic staff" and substitute ", academic staff, and research assistants".

AB75-SSA1-SA1,104,9 367. Page 1208, line 15: after that line insert:

AB75-SSA1-SA1,104,10 "(c) Research assistants.".

AB75-SSA1-SA1,104,11 368. Page 1210, line 4: after that line insert:

AB75-SSA1-SA1,104,18 "(18m) "Research assistant" means a graduate student enrolled in the University of Wisconsin System who is receiving a stipend to conduct research that is primarily for the benefit of the student's own learning and research and which is independent or self-directed, mentored by a member of the faculty or academic staff. "Research assistant" does not include graduate students provided fellowships, scholarships, or traineeships which are distributed through other titles such as advanced opportunity fellow, fellow, scholar, or trainee.".

AB75-SSA1-SA1,104,19 369. Page 1212, line 18: after that line insert:

AB75-SSA1-SA1,104,21 "(1m) Collective bargaining units for research assistants shall be structured with a collective bargaining unit for each of the following groups:

AB75-SSA1-SA1,104,23 (a) Research assistants of the University of Wisconsin-Madison and University of Wisconsin-Extension.

AB75-SSA1-SA1,104,24 (b) Research assistants of the University of Wisconsin-Milwaukee.

AB75-SSA1-SA1,105,4 (c) Research assistants of the Universities of Wisconsin-Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior, and Whitewater.".

AB75-SSA1-SA1,105,5 370. Page 1212, line 19: delete "sub. (1)" and substitute "subs. (1) and (1m)".

AB75-SSA1-SA1,105,7 371. Page 1212, line 20: after "unit" insert "and 2 or more collective bargaining units described in sub. (1m) (a) to (c) may be combined into a single unit".

AB75-SSA1-SA1,105,8 372. Page 1213, line 23: after "sub. (1)" insert ", (1m),".

AB75-SSA1-SA1,105,9 373. Page 1213, line 25: after "sub. (1)" insert ", (1m),".

AB75-SSA1-SA1,105,10 374. Page 1219, line 24: after "academic staff" insert "or research assistants".

AB75-SSA1-SA1,105,11 375. Page 1219, line 25: after "academic staff" insert "or research assistants".