2013 - 2014 LEGISLATURE
February 11, 2014 - Introduced by Representative Kapenga, cosponsored by
Senator Grothman. Referred to Committee on Labor.
AB750,1,9
1An Act to repeal 104.001 (3) (b);
to renumber and amend 104.001 (2);
to
2consolidate, renumber and amend 104.001 (3) (intro.) and (a); and
to create
366.0903 (1r) and 104.001 (2) (c) of the statutes;
relating to: preemption of local
4ordinances that require employees of a local governmental unit, employees of
5a contractor of a local governmental unit, or employees who perform work
6funded by a local governmental unit to be paid at a minimum wage rate
7specified in the ordinance and preemption of residency requirements for
8laborers, workers, mechanics, and truck drivers employed on local projects of
9public works to which the prevailing wage law applies.
Analysis by the Legislative Reference Bureau
Under current law, a city, village, town, or county may not enact and administer
an ordinance establishing a living wage, which is defined under current law as
compensation sufficient to enable an employee to maintain himself or herself under
conditions consistent with his or her welfare. Current law, however, exempts from
that prohibition an ordinance that requires an employee of a county, city, village, or
town, an employee who performs work under a contract for the provision of services
to a county, city, village, or town, or an employee who performs work that is funded
by financial assistance from a county, city, village, or town to be paid at a minimum
wage rate specified in the ordinance.
This bill eliminates that exemption, thereby prohibiting a city, village, town, or
county from enacting and administering an ordinance that requires an employee of
the county, city, village, or town, an employee who performs work under a contract
for the provision of services to the county, city, village, or town, or an employee who
performs work that is funded by financial assistance from the county, city, village,
or town to be paid at a minimum wage rate specified in the ordinance.
Under current law, no local governmental unit may require, as a condition of
employment, that any employee or prospective employee reside within any
jurisdictional limit.
This bill prohibits a local governmental unit from requiring that any laborer,
worker, mechanic, or truck driver employed on a project of public works to which the
prevailing wage law applies whose wages are paid, in whole or in part, with funds
of this state or federal funds passing through the state treasury reside within any
jurisdictional limit. Generally, the prevailing wage law applies to any single-trade
project of public works for which the estimated project cost of completion is $48,000
or more and to any multiple-trade project of public works for which the estimated
project cost of completion is $100,000 or more.
For further information see the 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:
AB750,1
1Section
1. 66.0903 (1r) of the statutes is created to read:
AB750,2,62
66.0903
(1r) Residency requirements prohibited. (a) The legislature finds
3that residency requirements for laborers, workers, mechanics, and truck drivers
4employed on projects of public works to which this section applies whose wages are
5paid, in whole or in part, with funds of this state or federal funds passing through
6the state treasury are a matter of statewide concern.
AB750,3,37
(b) Except as provided in par. (c), no local governmental unit may require that
8any laborer, worker, mechanic, or truck driver employed on a project of public works
9to which this section applies whose wages are paid, in whole or in part, with funds
10of this state or federal funds passing through the state treasury reside within any
11jurisdictional limit. If a local governmental unit has a residency requirement
1described in this paragraph that is in effect on the effective date of this paragraph
2.... [LRB inserts date], the residency requirement does not apply and may not be
3enforced.
AB750,3,74
(c) This subsection does not affect any statute that requires a person described
5in par. (b) to reside within the jurisdictional limit of any local governmental unit or
6any provision of state or local law that requires a person described in par. (b) to reside
7in this state.
AB750,2
8Section
2. 104.001 (2) of the statutes is renumbered 104.001 (2) (a) and
9amended to read:
AB750,3,1110
104.001
(2) (a)
A Except as provided in sub. (3), a city, village, town, or county
11may not enact and administer an ordinance establishing a living wage.
AB750,3,13
12(b) Any city, village, town, or county living wage ordinance that is in effect on
13June 16, 2005, is void.
AB750,3
14Section
3. 104.001 (2) (c) of the statutes is created to read:
AB750,3,1715
104.001
(2) (c) Any city, village, town, or county ordinance described in s.
16104.001 (3) (b), 2011 stats., that is in effect on the effective date of this paragraph ....
17[LRB inserts date], is void.
AB750,4
18Section
4. 104.001 (3) (intro.) and (a) of the statutes are consolidated,
19renumbered 104.001 (3) and amended to read:
AB750,3,2320
104.001
(3) This section does not affect
any of the following: (a) The the 21requirement that employees employed on a public works project contracted for by a
22city, village, town, or county be paid at the prevailing wage rate, as defined in s.
2366.0903 (1) (g), as required under s. 66.0903.
AB750,5
24Section
5. 104.001 (3) (b) of the statutes is repealed.
AB750,6
25Section
6.
Initial applicability.
AB750,4,4
1(1)
Collective bargaining agreements.. This act first applies to an employee
2who is affected by a collective bargaining agreement that contains provisions that
3are inconsistent with this act on the day on which the collective bargaining
4agreement expires or is modified, extended, or renewed, whichever occurs first.