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:
SB696,4,10
119.36
(12) Information relating to certain employees. Unless access is
2specifically authorized or required by statute, an authority shall not provide access
3to a record prepared or provided by an employer performing work on a project to
4which s. 66.0903,
66.0904, 103.49, or 103.50 applies, or on which the employer is
5otherwise required to pay prevailing wages, if that record contains the name or other
6personally identifiable information relating to an employee of that employer, unless
7the employee authorizes the authority to provide access to that information. In this
8subsection, "personally identifiable information" does not include an employee's
9work classification, hours of work, or wage or benefit payments received for work on
10such a project.
SB696,4,2015
66.0903
(1) (d) "Local governmental unit" means a political subdivision of this
16state, a special purpose district in this state, an instrumentality or corporation of
17such a political subdivision or special purpose district, a combination or subunit of
18any of the foregoing or an instrumentality of the state and any of the foregoing.
19"Local governmental unit" includes a regional transit authority created under s.
2066.1039 and the southeastern regional transit authority created under s. 59.58 (7).
SB696, s. 5
23Section
5. 66.0903 (1) (em) of the statutes is created to read:
SB696,4,2524
66.0903
(1) (em) "Multiple-trade project of public works" has the meaning
25given in s. 103.49 (1) (br).
SB696, s. 6
1Section
6. 66.0903 (1) (hm) of the statutes is created to read:
SB696,5,32
66.0903
(1) (hm) "Single-trade project of public works" has the meaning given
3in s. 103.49 (1) (em).
SB696,5,2110
66.0903
(3) (am) A local governmental unit, before making a contract by direct
11negotiation or soliciting bids on a contract for the erection, construction, remodeling,
12repairing
, or demolition of any project of public works,
including a highway, street,
13or bridge construction project, shall apply to the department to determine the
14prevailing wage rate for each trade or occupation required in the work contemplated.
15The department shall conduct investigations and hold public hearings as necessary
16to define the trades or occupations that are commonly employed on projects of public
17works that are subject to this section and to inform itself as to the prevailing wage
18rates in all areas of the state for those trades or occupations, in order to determine
19the prevailing wage rate for each trade or occupation. The department shall issue
20its determination within 30 days after receiving the request and shall file the
21determination with the requesting local governmental unit.
SB696,6,424
66.0903
(3) (av) In determining prevailing wage rates under par. (am) or (ar),
25the department may not use data from projects that are subject to this section, s.
166.0904, 103.49
, or 103.50
, or
40 USC 3142 unless the department determines that
2there is insufficient wage data in the area to determine those prevailing wage rates,
3in which case the department may use data from projects that are subject to this
4section, s.
66.0904, 103.49
, or 103.50
, or
40 USC 3142.
SB696,6,257
66.0903
(3) (dm) A reference to the prevailing wage rates determined by the
8department or a local governmental unit exempted under sub. (6) and to the
9prevailing hours of labor shall be published in the notice issued for the purpose of
10securing bids for the project of public works. If any contract or subcontract for a
11project of public works
, including a highway, street, or bridge construction project, 12is entered into, the prevailing wage rates determined by the department or exempted
13local governmental unit and the prevailing hours of labor shall be physically
14incorporated into and made a part of the contract or subcontract, except that for a
15minor subcontract, as determined by the department, the department shall
16prescribe by rule the method of notifying the minor subcontractor of the prevailing
17wage rates and prevailing hours of labor applicable to the minor subcontract. The
18prevailing wage rates and prevailing hours of labor applicable to a contract or
19subcontract may not be changed during the time that the contract or subcontract is
20in force. No person performing the work described in sub. (4) may be paid less than
21the prevailing wage rate in the same or most similar trade or occupation determined
22under this subsection; nor may he or she be permitted to work a greater number of
23hours per day or per week than the prevailing hours of labor, unless he or she is paid
24for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5
25times his or her hourly basic rate of pay.
SB696, s. 12
1Section
12. 66.0903 (5) (intro.) and (a) of the statutes, as affected by
2009
2Wisconsin Act 28, are consolidated, renumbered 66.0903 (5) and amended to read:
SB696,7,133
66.0903
(5) Nonapplicability. This section does not apply to any
of the
4following: (a) A single-trade project of public works, including a highway, street, or
5bridge construction project for which the estimated project cost of completion is below
6$25,000 $48,000 or an amount determined by the department under this subsection
7or to any multiple-trade project of public works, including a highway, street, or
8bridge construction project, for which the estimated project cost of completion is
9below $234,000 or an amount determined by the department under this subsection.
10The department shall adjust those dollar amounts every year, the first adjustment
11to be made not sooner than December 1, 2010. The adjustments shall be in
12proportion to any change in construction costs since the effective date of the dollar
13amounts established under this subsection.
SB696,8,1322
66.0903
(10) (c) If requested by any person, the department shall inspect the
23payroll records of any contractor, subcontractor, or agent performing work on a
24project of public works that is subject to this section to ensure compliance with this
25section. In the case of a request made by a person performing the work specified in
1sub. (4), if the department finds that the contractor, subcontractor, or agent subject
2to the inspection is in compliance
and that the request is frivolous, the department
3shall charge the person making the request the actual cost of the inspection. In the
4case of a request made by a person not performing the work specified in sub. (4), if
5the department finds that the contractor, subcontractor, or agent subject to the
6inspection is in compliance
and that the request is frivolous, the department shall
7charge the person making the request $250 or the actual cost of the inspection,
8whichever is greater.
In order to find that a request is frivolous, the department must
9find that the person making the request made the request in bad faith, solely for the
10purpose of harassing or maliciously injuring the contractor, subcontractor, or agent
11subject to the inspection, or that the person making the request knew, or should have
12known, that there was no reasonable basis for believing that a violation of this
13section had been committed.
SB696, s. 17
14Section
17. 66.0903 (11) (a) 1., 3. and 5. of the statutes, as affected by
2009
15Wisconsin Act 28, are consolidated, renumbered 66.0903 (11) (a) and amended to
16read:
SB696,9,1417
66.0903
(11) (a) Any contractor, subcontractor, or contractor's or
18subcontractor's agent who fails to pay the prevailing wage rate determined by the
19department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
20pay for all hours worked in excess of the prevailing hours of labor is liable to any
21affected employee in the amount of his or her unpaid wages or his or her unpaid
22overtime compensation and in an additional amount as liquidated damages
as
23provided under subd. 2., 3., whichever is applicable. 3. In addition to or in lieu of
24recovering the liability specified in subd. 1. as provided in subd. 2., any. An action
25to recover the liability may be maintained in any court of competent jurisdiction by
1any employee for and in behalf of that employee and other employees similarly
2situated
may commence an action to recover that liability in any court of competent
3jurisdiction. If the court finds that a contractor, subcontractor, or contractor's or
4subcontractor's agent has failed to pay the prevailing wage rate determined by the
5department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay
6for all hours worked in excess of the prevailing hours of labor, the court shall order
7the contractor, subcontractor, or agent to pay to any affected employee the amount
8of his or her unpaid wages or his or her unpaid overtime compensation and an
9additional amount equal to 100 percent of the amount of those unpaid wages or that
10unpaid overtime compensation as liquidated damages. 5. No employee may be a
11party plaintiff to
an the action
under subd. 3. unless the employee consents in writing
12to become a party and the consent is filed in the court in which the action is brought.
13Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded
14to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.
SB696, s. 22
23Section
22. 103.49 (1) (br) of the statutes is created to read:
SB696,10,3
1103.49
(1) (br) "Multiple-trade project of public works" means a project of
2public works in which no single trade accounts for 85 percent or more of the total
3labor cost of the project.
SB696, s. 23
4Section
23. 103.49 (1) (em) of the statutes is created to read:
SB696,10,75
103.49
(1) (em) "Single-trade project of public works" means a project of public
6works in which a single trade accounts for 85 percent or more of the total labor cost
7of the project.
SB696,11,1114
103.49
(2) Prevailing wage rates and hours of labor. Any contract made for
15the erection, construction, remodeling, repairing, or demolition of any project of
16public works to which the state or any state agency is a party
, except a contract for
17the construction or maintenance of a public highway, street, or bridge, shall contain
18a stipulation that no person performing the work described in sub. (2m) may be
19permitted to work a greater number of hours per day or per week than the prevailing
20hours of labor, except that any such person may be permitted or required to work
21more than such prevailing hours of labor per day and per week if he or she is paid
22for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5
23times his or her hourly basic rate of pay; nor may he or she be paid less than the
24prevailing wage rate determined under sub. (3) in the same or most similar trade or
25occupation in the area in which the project of public works is situated. A reference
1to the prevailing wage rates determined under sub. (3) and the prevailing hours of
2labor shall be published in the notice issued for the purpose of securing bids for the
3project. If any contract or subcontract for a project of public works that is subject to
4this section is entered into, the prevailing wage rates determined under sub. (3) and
5the prevailing hours of labor shall be physically incorporated into and made a part
6of the contract or subcontract, except that for a minor subcontract, as determined by
7the department, the department shall prescribe by rule the method of notifying the
8minor subcontractor of the prevailing wage rates and prevailing hours of labor
9applicable to the minor subcontract. The prevailing wage rates and prevailing hours
10of labor applicable to a contract or subcontract may not be changed during the time
11that the contract or subcontract is in force.
SB696,11,1914
103.49
(3) (ar) In determining prevailing wage rates under par. (a) or (am), the
15department may not use data from projects that are subject to this section, s. 66.0903,
1666.0904, 103.50, or 229.8275
, or
40 USC 3142 unless the department determines that
17there is insufficient wage data in the area to determine those prevailing wage rates,
18in which case the department may use data from projects that are subject to this
19section, s. 66.0903,
66.0904, 103.50, or 229.8275
, or
40 USC 3142.
SB696,12,222
103.49
(3g) Nonapplicability. This section does not apply to any
of the
23following: (a) A single-trade project of public works for which the estimated project
24cost of completion is less than
$25,000 $48,000 or an amount determined by the
25department under s. 66.0903 (5) or to any multiple-trade project of public works for
1which the estimated project cost of completion is less than $234,000 or an amount
2determined by the department under s. 66.0903 (5).
SB696,13,211
103.49
(5) (c) If requested by any person, the department shall inspect the
12payroll records of any contractor, subcontractor, or agent performing work on a
13project of public works that is subject to this section to ensure compliance with this
14section. In the case of a request made by a person performing the work specified in
15sub. (2m), if the department finds that the contractor, subcontractor, or agent subject
16to the inspection is in compliance
and that the request is frivolous, the department
17shall charge the person making the request the actual cost of the inspection. In the
18case of a request made by a person not performing the work specified in sub. (2m),
19if the department finds that the contractor, subcontractor, or agent subject to the
20inspection is in compliance
and that the request is frivolous, the department shall
21charge the person making the request $250 or the actual cost of the inspection,
22whichever is greater.
In order to find that a request is frivolous, the department must
23find that the person making the request made the request in bad faith, solely for the
24purpose of harassing or maliciously injuring the contractor, subcontractor, or agent
25subject to the inspection, or that the person making the request knew, or should have
1known, that there was no reasonable basis for believing that a violation of this
2section had been committed.
SB696,13,97
103.50
(4m) Wage rate data. In determining prevailing wage rates for projects
8that are subject to this section, the department shall use data from projects that are
9subject to this section, s. 66.0903
, 66.0904, or 103.49
, or
40 USC 3142.
SB696,13,13
12103.503 (title)
Substance abuse prevention on public works and
13publicly funded projects.
SB696,13,2016
103.503
(1) (a) "Accident" means an incident caused, contributed to, or
17otherwise involving an employee that resulted or could have resulted in death,
18personal injury, or property damage and that occurred while the employee was
19performing the work described in s. 66.0903 (4)
, 66.0904 (3), or 103.49 (2m) on a
20project.
SB696,14,223
103.503
(1) (c) "Contracting agency" means a local governmental unit, as
24defined in s. 66.0903 (1) (d),
or a state agency, as defined in s. 103.49 (1) (f),
or an
1owner or developer under s. 66.0904 that has contracted for the performance of work
2on a project.
SB696,14,75
103.503
(1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
6who performs the work described in s. 66.0903 (4)
, 66.0904 (3), or 103.49 (2m) on a
7project.
SB696,14,1210
103.503
(1) (g) "Project" mean a project of public works that is subject to s.
1166.0903 or 103.49
or a publicly funded private construction project that is subject to
12s. 66.0904.
SB696,14,2115
103.503
(2) Substance abuse prohibited. No employee may use, possess,
16attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
17be under the influence of alcohol, while performing the work described in s. 66.0903
18(4)
, 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under
19the influence of alcohol for purposes of this subsection if he or she has an alcohol
20concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
21(d).
SB696,15,524
103.503
(3) (a) 2. A requirement that employees performing the work described
25in s. 66.0903 (4)
, 66.0904 (3), or 103.49 (2m) on a project submit to random,
1reasonable suspicion, and post-accident drug and alcohol testing and to drug and
2alcohol testing before commencing work on a project, except that testing of an
3employee before commencing work on a project is not required if the employee has
4been participating in a random testing program during the 90 days preceding the
5date on which the employee commenced work on the project.
SB696,16,510
109.09
(1) The department shall investigate and attempt equitably to adjust
11controversies between employers and employees as to alleged wage claims. The
12department may receive and investigate any wage claim which is filed with the
13department, or received by the department under s. 109.10 (4), no later than 2 years
14after the date the wages are due. The department may, after receiving a wage claim,
15investigate any wages due from the employer against whom the claim is filed to any
16employee during the period commencing 2 years before the date the claim is filed.
17The department shall enforce this chapter and ss. 66.0903,
66.0904, 103.02, 103.49,
18103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the
19employer on behalf of the employee to collect any wage claim or wage deficiency and
20ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
21under s. 109.10, the department may refer such an action to the district attorney of
22the county in which the violation occurs for prosecution and collection and the
23district attorney shall commence an action in the circuit court having appropriate
24jurisdiction. Any number of wage claims or wage deficiencies against the same
25employer may be joined in a single proceeding, but the court may order separate
1trials or hearings. In actions that are referred to a district attorney under this
2subsection, any taxable costs recovered by the district attorney shall be paid into the
3general fund of the county in which the violation occurs and used by that county to
4meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
5of the district attorney who prosecuted the action.
SB696,16,108
111.322
(2m) (c) The individual files a complaint or attempts to enforce a right
9under s. 66.0903,
66.0904, 103.49, or 229.8275 or testifies or assists in any action or
10proceeding under s. 66.0903,
66.0904, 103.49, or 229.8275.
SB696,16,1613
227.01
(13) (t) Ascertains and determines prevailing wage rates under ss.
1466.0903,
66.0904, 103.49, 103.50, and 229.8275, except that any action or inaction
15which ascertains and determines prevailing wage rates under ss. 66.0903,
66.0904, 16103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.
SB696,16,20
19946.15 (title)
Public and publicly funded construction contracts at less
20than full rate.
SB696,17,1223
946.15
(1) Any employer, or any agent or employee of an employer, who induces
24any person who seeks to be or is employed pursuant to a public contract as defined
25in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing
1wage rate determination has been issued by the department of workforce
2development under s. 66.0903 (3),
66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3)
3or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6)
4or 66.0904 (6) to give up, waive, or return any part of the compensation to which that
5person is entitled under his or her contract of employment or under the prevailing
6wage rate determination issued by the department or local governmental unit, or
7who reduces the hourly basic rate of pay normally paid to an employee for work on
8a project on which a prevailing wage rate determination has not been issued under
9s. 66.0903 (3) or (6),
66.0904 (4) or (6), 103.49 (3), 103.50 (3), or 229.8275 (3) during
10a week in which the employee works both on a project on which a prevailing wage
11rate determination has been issued and on a project on which a prevailing wage rate
12determination has not been issued, is guilty of a Class I felony.
SB696,18,415
946.15
(2) Any person employed pursuant to a public contract as defined in s.
1666.0901 (1) (c) or employed on a project on which a prevailing wage rate
17determination has been issued by the department of workforce development under
18s. 66.0903 (3),
66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local
19governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6)
or 66.0904 20(6) who gives up, waives, or returns to the employer or agent of the employer any part
21of the compensation to which the employee is entitled under his or her contract of
22employment or under the prevailing wage determination issued by the department
23or local governmental unit, or who gives up any part of the compensation to which
24he or she is normally entitled for work on a project on which a prevailing wage rate
25determination has not been issued under s. 66.0903 (3) or (6),
66.0904 (4) or (6),
1103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the person works
2part-time on a project on which a prevailing wage rate determination has been
3issued and part-time on a project on which a prevailing wage rate determination has
4not been issued, is guilty of a Class C misdemeanor.
SB696,18,167
946.15
(3) Any employer or labor organization, or any agent or employee of an
8employer or labor organization, who induces any person who seeks to be or is
9employed on a project on which a prevailing wage rate determination has been issued
10by the department of workforce development under s. 66.0903 (3),
66.0904 (4), 103.49
11(3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903
12(1) (d), under s. 66.0903 (6)
or 66.0904 (6) to permit any part of the wages to which
13that person is entitled under the prevailing wage rate determination issued by the
14department or local governmental unit to be deducted from the person's pay is guilty
15of a Class I felony, unless the deduction would be permitted under
29 CFR 3.5 or
3.6 16from a person who is working on a project that is subject to
40 USC 3142.
SB696,19,219
946.15
(4) Any person employed on a project on which a prevailing wage rate
20determination has been issued by the department of workforce development under
21s. 66.0903 (3),
66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local
22governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6)
or 66.0904
23(6) who permits any part of the wages to which that person is entitled under the
24prevailing wage rate determination issued by the department or local governmental
25unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the
1deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working
2on a project that is subject to
40 USC 3142.
SB696,19,124
(1)
Prevailing wage applicability; legislative intent. The treatment of
5sections 66.0903 (1) (dr) and (im), (2), (3) (am) and (dm), and (5) (b) and (c) and 103.49
6(1) (bj) and (fm), (1m), (2), and (3g) (b) and (c) of the statutes by this act is intended
7to restate, clarify, and affirm the intent, interpretation, and enforcement of section
866.0903 of the statutes, as affected by
2009 Wisconsin Act 28, and section 103.49 of
9the statutes, as affected by
2009 Wisconsin Act 28, with respect to the types of
10projects of public works described in those provisions. No expansion, contraction, or
11other change in that intent, interpretation, or enforcement is intended by the
12treatment of those provisions.
SB696,19,2214
(1)
Prevailing wages and hours on publicly funded private projects. The
15treatment of sections 19.36 (12), 66.0903 (3) (av), 66.0904, 103.49 (3) (ar), 103.50
16(4m), 103.503 (title), (1) (a), (c), (e), and (g), (2), and (3) (a) 2., 104.001 (3) (am), 109.09
17(1), 111.322 (2m) (c), 227.01 (13) (t), and 946.15 (title), (1), (2), (3), and (4) of the
18statutes first applies to a project proposal, including a preliminary plat or final plat
19under chapter 236 of the statutes, for a publicly funded private construction project,
20as defined in section 66.0904 (1) (i) of the statutes, as created by
2009 Wisconsin Act
2128, submitted to a local governmental unit for approval on the effective date of this
22subsection.