SB696: Bill Text

SB696, s. 14 Section 14. 66.0903 (5) (c) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 15 Section 15. 66.0903 (10) (am) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 16 Section 16. 66.0903 (10) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,8,13 66.0903 (10) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project of public works that is subject to this section to ensure compliance with this section. In the case of a request made by a person performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed.

SB696, s. 17 Section 17. 66.0903 (11) (a) 1., 3. and 5. of the statutes, as affected by 2009 Wisconsin Act 28, are consolidated, renumbered 66.0903 (11) (a) and amended to read:

SB696,9,14 66.0903 (11) (a) 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 under subd. 2., 3., whichever is applicable. 3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any. An action to recover the liability may be maintained in any court of competent jurisdiction by 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. 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. 5. No employee may be a party plaintiff to an the action under subd. 3. 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.

SB696, s. 18 Section 18. 66.0903 (11) (a) 2. of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 19 Section 19. 66.0904 of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 20 Section 20. 103.49 (1) (am) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 21 Section 21. 103.49 (1) (bj) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 22 Section 22. 103.49 (1) (br) of the statutes is created to read:

SB696,10,3 103.49 (1) (br) "Multiple-trade project of public works" means a project of public works in which no single trade accounts for 85 percent or more of the total labor cost of the project.

SB696, s. 23 Section 23. 103.49 (1) (em) of the statutes is created to read:

SB696,10,7 103.49 (1) (em) "Single-trade project of public works" means a project of public works in which a single trade accounts for 85 percent or more of the total labor cost of the project.

SB696, s. 24 Section 24. 103.49 (1) (fm) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 25 Section 25. 103.49 (1m) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 26 Section 26. 103.49 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,11,11 103.49 (2) Prevailing wage rates and hours of labor. Any contract made for the erection, construction, remodeling, repairing, or demolition of any project of public works to which the state or any state agency is a party, except a contract for the construction or maintenance of a public highway, street, or bridge, shall contain a stipulation that no person performing the work described in sub. (2m) may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage rate determined under sub. (3) in the same or most similar trade or occupation in the area in which the project of public works is situated. A reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a project of public works that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force.

SB696, s. 27 Section 27. 103.49 (3) (ar) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,11,19 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, or 229.8275, or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, or 229.8275 , or 40 USC 3142.

SB696, s. 28 Section 28. 103.49 (3g) (intro.) and (a) of the statutes, as affected by 2009 Wisconsin Act 28, are consolidated, renumbered 103.49 (3g) and amended to read:

SB696,12,2 103.49 (3g) Nonapplicability. This section does not apply to any of the following: (a) A single-trade project of public works for which the estimated project cost of completion is less than $25,000 $48,000 or an amount determined by the department under s. 66.0903 (5) or to any multiple-trade project of public works for which the estimated project cost of completion is less than $234,000 or an amount determined by the department under s. 66.0903 (5).

SB696, s. 29 Section 29. 103.49 (3g) (b) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 30 Section 30. 103.49 (3g) (c) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 31 Section 31. 103.49 (5) (am) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 32 Section 32. 103.49 (5) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,13,2 103.49 (5) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project of public works that is subject to this section to ensure compliance with this section. In the case of a request made by a person performing the work specified in sub. (2m), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (2m), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed.

SB696, s. 33 Section 33. 103.49 (6m) (ag) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 34 Section 34. 103.50 (4m) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,13,9 103.50 (4m) Wage rate data. In determining prevailing wage rates for projects that are subject to this section, the department shall use data from projects that are subject to this section, s. 66.0903, 66.0904, or 103.49, or 40 USC 3142.

SB696, s. 35 Section 35. 103.503 (title) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,13,13 103.503 (title) Substance abuse prevention on public works and publicly funded projects.

SB696, s. 36 Section 36. 103.503 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,13,20 103.503 (1) (a) "Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project.

SB696, s. 37 Section 37. 103.503 (1) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,14,2 103.503 (1) (c) "Contracting agency" means a local governmental unit, as defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 (1) (f), or an owner or developer under s. 66.0904 that has contracted for the performance of work on a project.

SB696, s. 38 Section 38. 103.503 (1) (e) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,14,7 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project.

SB696, s. 39 Section 39. 103.503 (1) (g) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,14,12 103.503 (1) (g) "Project" mean a project of public works that is subject to s. 66.0903 or 103.49 or a publicly funded private construction project that is subject to s. 66.0904.

SB696, s. 40 Section 40. 103.503 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,14,21 103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).

SB696, s. 41 Section 41. 103.503 (3) (a) 2. of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,15,5 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on a project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

SB696, s. 42 Section 42. 104.001 (3) (am) of the statutes, as created by 2009 Wisconsin Act 28, is repealed.

SB696, s. 43 Section 43. 109.09 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,16,5 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. 66.0903, 66.0904, 103.02, 103.49, 103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

SB696, s. 44 Section 44. 111.322 (2m) (c) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,16,10 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 66.0904, 103.49, or 229.8275 or testifies or assists in any action or proceeding under s. 66.0903, 66.0904, 103.49, or 229.8275.

SB696, s. 45 Section 45. 227.01 (13) (t) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,16,16 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904, 103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.

SB696, s. 46 Section 46. 946.15 (title) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,16,20 946.15 (title) Public and publicly funded construction contracts at less than full rate.

SB696, s. 47 Section 47. 946.15 (1) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,17,12 946.15 (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) to give up, waive, or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.

SB696, s. 48 Section 48. 946.15 (2) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,18,4 946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

SB696, s. 49 Section 49. 946.15 (3) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,18,16 946.15 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

SB696, s. 50 Section 50. 946.15 (4) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB696,19,2 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

SB696, s. 51 Section 51. Nonstatutory provisions.

SB696,19,12 (1) Prevailing wage applicability; legislative intent. The treatment of sections 66.0903 (1) (dr) and (im), (2), (3) (am) and (dm), and (5) (b) and (c) and 103.49 (1) (bj) and (fm), (1m), (2), and (3g) (b) and (c) of the statutes by this act is intended to restate, clarify, and affirm the intent, interpretation, and enforcement of section 66.0903 of the statutes, as affected by 2009 Wisconsin Act 28, and section 103.49 of the statutes, as affected by 2009 Wisconsin Act 28, with respect to the types of projects of public works described in those provisions. No expansion, contraction, or other change in that intent, interpretation, or enforcement is intended by the treatment of those provisions.

SB696, s. 52 Section 52. Initial applicability.

SB696,19,22 (1) Prevailing wages and hours on publicly funded private projects. The treatment of sections 19.36 (12), 66.0903 (3) (av), 66.0904, 103.49 (3) (ar), 103.50 (4m), 103.503 (title), (1) (a), (c), (e), and (g), (2), and (3) (a) 2., 104.001 (3) (am), 109.09 (1), 111.322 (2m) (c), 227.01 (13) (t), and 946.15 (title), (1), (2), (3), and (4) of the statutes first applies to a project proposal, including a preliminary plat or final plat under chapter 236 of the statutes, for a publicly funded private construction project, as defined in section 66.0904 (1) (i) of the statutes, as created by 2009 Wisconsin Act 28, submitted to a local governmental unit for approval on the effective date of this subsection.

SB696,19,25 (2) Inspection of payroll records. The treatment of sections 66.0903 (10) (c) and 103.49 (5) (c) of the statutes first applies to requests for the inspection of payroll records made on the effective date of this subsection.

SB696,20,6 (3) Prevailing wage records. The treatment of sections 66.0903 (10) (am) and 103.49 (5) (am) of the statutes first applies to work performed on the effective date of this subsection, except that, if that work is performed under a contract that contains provisions that are inconsistent with those sections, the treatment of those sections first applies to work performed on the day on which that contract expires or is extended, modified, or renewed.

SB696,20,9 (4) Prevailing wage; remedies. The treatment of sections 66.0903 (11) (a) 1., 2., 3., and 5. and 103.49 (6m) (ag) of the statutes first applies to hours worked on the effective date of this subsection.

SB696,20,10 (End)