AB167: Bill Text

LRB-1495/1

GMM:jld:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 167

March 24, 2009 - Introduced by Representatives Gottlieb, Ziegelbauer, Brooks, Friske, Gunderson, Honadel, Huebsch, Kestell, Knodl, LeMahieu, Meyer, Montgomery, Murtha, Nerison, A. Ott, Petersen, Suder, Stone, Strachota, Tauchen, Townsend, Vos, Roth and Nygren, cosponsored by Senators Harsdorf, Schultz, Kedzie, Olsen and S. Fitzgerald. Referred to Committee on Labor.

AB167,1,5 An Act to renumber and amend 66.0903 (5) and 103.49 (3g); and to create 66.0903 (5) (a) 3. and 103.49 (3g) (c) of the statutes; relating to: the inapplicability of the prevailing wage law to projects in which the construction is contracted for by a private owner or developer and the completed projected is acquired by a local governmental unit or state agency.

Analysis by the Legislative Reference Bureau

Under the current prevailing wage law, certain laborers, workers, mechanics, and truck drivers employed on a state or local project of public works must be paid at the rate paid for a majority of the hours worked in the person's trade or occupation in the county in which the project is located, as determined by the Department of Workforce Development (DWD), and may not be required or permitted to work a greater number of hours per day and per week than the prevailing hours of labor, that is, no more than ten hours per day and 40 hours per week, unless they are paid 1.5 times their basic rate of pay (overtime pay) for all hours worked in excess of the prevailing hours of labor.

This bill provides that the prevailing wage law does not apply to any project, including a highway, street, or bridge construction project, in which the erection, construction, remodeling, repairing, or demolition of the project is contracted for by a private owner or developer and the completed project is leased, lease purchased, or otherwise acquired by the state, a state agency, or a local governmental unit in lieu of the state, state agency, or local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of the project.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB167, s. 1 Section 1. 66.0903 (5) of the statutes is renumbered 66.0903 (5) (a) (intro.) and amended to read:

AB167,2,3 66.0903 (5) (a) (intro.) This section does not apply to any of the following:

AB167,2,7 1. Any single-trade public works project, including a highway, street, or bridge construction project, for which the estimated project cost of completion is below $30,000 or an amount determined by the department under this subsection or to any par. (b).

AB167,2,11 2. Any multiple-trade public works project, including a highway, street, or bridge construction project, for which the estimated project cost of completion is below $150,000 or an amount determined by the department under this subsection. par. (b).

AB167,2,16 (b) The department shall adjust those the dollar amounts under par. (a) 1. and 2. every year, the first adjustment to be made not sooner than December 1, 1997. The adjustments shall be in proportion to any change in construction costs since the effective date of the dollar amounts previously established under this subsection paragraph.

AB167, s. 2 Section 2. 66.0903 (5) (a) 3. of the statutes is created to read:

AB167,3,2 66.0903 (5) (a) 3. Any project, including a highway, street, or bridge construction project, in which the erection, construction, remodeling, repairing, or demolition of the project is contracted for by a private owner or developer and the completed project is leased, lease purchased, or otherwise acquired by a local governmental unit in lieu of the local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of the project.

AB167, s. 3 Section 3. 103.49 (3g) of the statutes is renumbered 103.49 (3g) (intro.) and amended to read:

AB167,3,6 103.49 (3g) Nonapplicability. (intro.) This section does not apply to any of the following:

AB167,3,9 (a) Any single-trade public works project for which the estimated project cost of completion is less than $30,000 or an amount determined by the department under s. 66.0903 (5) or to any (b).

AB167,3,12 (b) Any multiple-trade public works project for which the estimated project cost of completion is less than $150,000 or an amount determined by the department under s. 66.0903 (5) (b).

AB167, s. 4 Section 4. 103.49 (3g) (c) of the statutes is created to read:

AB167,3,18 103.49 (3g) (c) Any project in which the erection, construction, remodeling, repairing, or demolition of the project is contracted for by a private owner or developer and the completed project is leased, lease purchased, or otherwise acquired by the state or a state agency in lieu of the state or state agency contracting for the erection, construction, remodeling, repairing, or demolition of the project.

AB167, s. 5 Section 5. Initial applicability.

AB167,3,23 (1) Applicability of prevailing wage law to private projects. This act first applies to first applies to a contract for the erection, construction, remodeling, repairing, or demolition of a private construction project entered into, or extended, modified or renewed, on the effective date of this subsection.

AB167,3,24 (End)