Amendment ASA1-AB32

AB32-ASA1,9 Section 9. 66.0903 (1) (j) of the statutes is amended to read:

AB32-ASA1,6,21 66.0903 (1) (j) "Truck driver" has the meaning given in s. 103.49 16.856 (1) (g) (j).

AB32-ASA1,10 Section 10. 66.0903 (1m) (a) (intro.) of the statutes is renumbered 66.0903 (1) (h) and amended to read:

AB32-ASA1,7,6 66.0903 (1) (h) In this subsection, " publicly "Publicly funded private construction project" means a construction project in which the developer, investor, or owner of the project receives direct financial assistance from a local governmental unit for the erection, construction, repair, remodeling, demolition, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure. "Publicly funded private construction project" does not include a project of public works or a housing project involving the erection, construction, repair, remodeling, or demolition of any of the following: .

AB32-ASA1,11 Section 11. 66.0903 (1m) (a) 1. to 3. of the statutes are repealed.

AB32-ASA1,12 Section 12. 66.0903 (1m) (b) of the statutes is amended to read:

AB32-ASA1,7,22 66.0903 (1m) (b) The legislature finds that the enactment of ordinances or other enactments by local governmental units requiring laborers, workers, mechanics, and truck drivers employed on projects of public works or on publicly funded private construction projects to be paid the prevailing wage rate and to be paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the prevailing hours of labor would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this section and the repeal repeals of s. 66.0904, 2009 stats, and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing uniform prevailing wage rate and prevailing hours of labor requirements throughout the state purposes of facilitating broader participation with respect to bidding on projects of public works, ensuring that wages accurately reflect market conditions, providing local governments with the flexibility to reduce costs on capital projects, and reducing spending at all levels of government in this state.

AB32-ASA1,13 Section 13. 66.0903 (2) to (12) of the statutes are repealed.

AB32-ASA1,14 Section 14. 84.062 of the statutes is created to read:

AB32-ASA1,7,25 84.062 Prevailing wage. (1) Definitions. In this section:

AB32-ASA1,8,1 (a) "Hourly basic rate of pay" has the meaning given in s. 16.856 (1) (b).

AB32-ASA1,8,2 (b) "Prevailing hours of labor" has the meaning given in s. 16.856 (1) (e).

AB32-ASA1,8,3 (c) "Prevailing wage rate" has the meaning given in s. 16.856 (1) (f).

AB32-ASA1,8,4 (d) "Truck driver" has the meaning given in s. 16.856 (1) (j).

AB32-ASA1,8,10 (5) Disclosure. If a person who is not an employee of the department or the contracting state agency contacts an employee performing the work described in sub. (2m) for the purpose of investigating compliance with this section, the person shall provide a written statement to the employee stating that the person is not affiliated with the department or the contracting state agency and disclosing the principal source of funding for the investigation.

AB32-ASA1,15 Section 15. 84.41 (3) of the statutes is amended to read:

AB32-ASA1,8,16 84.41 (3) Employment regulations. Employment regulations set forth in s. 103.50 84.062 pertaining to wages and hours shall apply to all projects constructed under s. 84.40 in the same manner as such laws apply to projects on other state highways. Where applicable, the federal wages and hours law known as the Davis-Bacon act shall apply.

AB32-ASA1,16 Section 16. 103.005 (12) (a) of the statutes is amended to read:

AB32-ASA1,9,3 103.005 (12) (a) If any employer, employee, owner, or other person violates chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department or any judgment or decree made by any court in connection with chs. 103 to 106, for each such violation, failure or refusal, the employer, employee, owner or other person shall forfeit not less than $10 nor more than $100 for each offense. This paragraph does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or 103.50 (3) or (4).

AB32-ASA1,17 Section 17. 103.49 (title) of the statutes is repealed.

AB32-ASA1,18 Section 18. 103.49 (1) (intro.), (am), (b), (bj), (br), (c), (em), (f), (fm) and (g), (1m) and (3g) of the statutes are renumbered 16.856 (1) (intro.), (a), (b), (c), (d), (e), (g), (h), (i) and (j), (1m) and (3g).

AB32-ASA1,19 Section 19. 103.49 (1) (a), (bg) and (d) of the statutes are repealed.

AB32-ASA1,20 Section 20. 103.49 (2) of the statutes is renumbered 16.856 (2) and amended to read:

AB32-ASA1,9,25 16.856 (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 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.

AB32-ASA1,21 Section 21. 103.49 (2m) of the statutes is renumbered 16.856 (2m), and 16.856 (2m) (a) (intro.) and (b), as renumbered, are amended to read:

AB32-ASA1,10,14 16.856 (2m) (a) (intro.) Subject to par. (b), all of the following employees shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:

AB32-ASA1,10,23 (b) A laborer, worker, mechanic, or truck driver who is employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project of public works that is subject to this section, including any of the following, is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies:

AB32-ASA1,11,3 1. The A laborer, worker, mechanic, or truck driver who is employed to go to the source of mineral aggregate such as sand, gravel, or stone and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material directly in final place, from the transporting vehicle or through spreaders from the transporting vehicle.

AB32-ASA1,11,7 2. The A laborer, worker, mechanic, or truck driver who is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project of public works, and transport that excavated material or spoil away from the site of the project.

AB32-ASA1,22 Section 22. 103.49 (3), (4r) and (5) of the statutes are repealed.

AB32-ASA1,23 Section 23. 103.49 (6m) (title) of the statutes is renumbered 16.856 (6m) (title).

AB32-ASA1,24 Section 24. 103.49 (6m) (ag) of the statutes is renumbered 16.856 (6m) (ag), and 16.856 (6m) (ag) 1., 2. and 3., as renumbered, are amended to read:

AB32-ASA1,11,19 16.856 (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. or 3., whichever is applicable.

AB32-ASA1,12,3 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.

AB32-ASA1,12,14 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. 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.

AB32-ASA1,25 Section 25. 103.49 (6m) (am) of the statutes is renumbered 16.856 (6m) (am) and amended to read:

AB32-ASA1,12,20 16.856 (6m) (am) Except as provided in pars. (b) , and (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense.

AB32-ASA1,26 Section 26. 103.49 (6m) (b) to (e) of the statutes are renumbered 16.856 (6m) (b) to (e).

AB32-ASA1,27 Section 27. 103.49 (6m) (f) of the statutes is repealed.

AB32-ASA1,28 Section 28. 103.49 (7) of the statutes is repealed.

AB32-ASA1,29 Section 29. 103.50 (title) and (1) of the statutes are repealed.

AB32-ASA1,30 Section 30. 103.50 (2) of the statutes is renumbered 84.062 (2) and amended to read:

AB32-ASA1,13,13 84.062 (2) Prevailing wage rates and hours of labor. No person performing the work described in sub. (2m) in the employ of a contractor, subcontractor, agent or other person performing any work on a project under a contract based on bids as provided in s. 84.06 (2) to which the state is a party for the construction or improvement of any highway may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor; nor may he or she be paid a lesser rate of wages than the prevailing wage rate in the area in which the work is to be done determined under sub. (3); 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.

AB32-ASA1,31 Section 31. 103.50 (2g) of the statutes is renumbered 84.062 (2g) and amended to read:

AB32-ASA1,13,20 84.062 (2g) Nonapplicability. This section does not apply to a single-trade project of public works, as defined in s. 103.49 16.856 (1) (em) (g), for which the estimated project cost of completion is less than $48,000 or a multiple-trade project of public works, as defined in s. 103.49 16.856 (1) (br) (d), for which the estimated project cost of completion is less than $100,000.

AB32-ASA1,32 Section 32. 103.50 (2m) of the statutes is renumbered 84.062 (2m), and 84.062 (2m) (a) (intro.) and (b), as renumbered, are amended to read:

AB32-ASA1,14,2 84.062 (2m) (a) (intro.) Subject to par. (b), all of the following employees shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:

AB32-ASA1,14,11 (b) A laborer, worker, mechanic, or truck driver who is employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project that is subject to this section, including any of the following, is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies:

AB32-ASA1,14,16 1. The A laborer, worker, mechanic or truck driver who is employed to go to the source of mineral aggregate such as sand, gravel or stone and deliver that mineral aggregate to the site of a project that is subject to this section by depositing the material directly in final place, from the transporting vehicle or through spreaders from the transporting vehicle.

AB32-ASA1,14,20 2. The A laborer, worker, mechanic or truck driver who is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project, and transport that excavated material or spoil away from the site of the project and return to the site of the project.

AB32-ASA1,33 Section 33. 103.50 (3) to (5) of the statutes are repealed.

AB32-ASA1,34 Section 34. 103.50 (6) of the statutes is renumbered 84.062 (6) and amended to read:

AB32-ASA1,15,15 84.062 (6) Contents of contracts ; notification. 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 a project. If any contract or subcontract for a project 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 of workforce development, that department the department of administration shall prescribe by rule under s. 16.856 (2) 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. For the information of the employees working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of subs. (2) and (7) shall be kept posted by the department of transportation in at least one conspicuous and easily accessible place on the site of the project.

AB32-ASA1,35 Section 35. 103.50 (7) (title) and (a) to (e) of the statutes are renumbered 84.062 (7) (title) and (a) to (e), and 84.062 (7) (a), as renumbered, is amended to read:

AB32-ASA1,15,21 84.062 (7) (a) Except as provided in pars. (b) , and (d) and (f), any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense.

AB32-ASA1,36 Section 36. 103.50 (7) (f) of the statutes is repealed.

AB32-ASA1,37 Section 37. 103.50 (8) of the statutes is renumbered 84.062 (8) and amended to read:

AB32-ASA1,16,12 84.062 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2), (2m), and (6). The department of transportation may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep and furnish upon request by the department of transportation, copies of payrolls and other records and information relating to compliance with this section. If requested by any person performing the work described in sub. (2m), the department shall conduct an investigation to ensure compliance with this section. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB32-ASA1,38 Section 38. 103.503 (1) (a) of the statutes is amended to read:

AB32-ASA1,16,19 103.503 (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), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or while the employee was performing work on a public utility project.

AB32-ASA1,39 Section 39. 103.503 (1) (c) of the statutes is amended to read:

AB32-ASA1,16,25 103.503 (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 16.856 (1) (f) (h), that has contracted for the performance of work on a project of public works or a public utility that has contracted for the performance of work on a public utility project.

AB32-ASA1,40 Section 40. 103.503 (1) (e) of the statutes is amended to read:

AB32-ASA1,17,4 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or on a public utility project.

AB32-ASA1,41 Section 41. 103.503 (1) (g) of the statutes is amended to read:

AB32-ASA1,17,9 103.503 (1) (g) "Project of public works" means a project of public works that is subject to s. 16.856 or that would be subject to s. 66.0903 or 103.49, 2013 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to the effective date of this paragraph .... [LRB inserts date].

AB32-ASA1,42 Section 42. 103.503 (2) of the statutes is amended to read:

AB32-ASA1,17,18 103.503 (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), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or while performing work on a public utility 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).

AB32-ASA1,43 Section 43. 103.503 (3) (a) 2. of the statutes is amended to read:

AB32-ASA1,18,2 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the 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.

AB32-ASA1,44 Section 44. 104.001 (3) (intro.) and (b) of the statutes are consolidated, renumbered 104.001 (3) and amended to read:

AB32-ASA1,18,10 104.001 (3) This section does not affect any of the following: (b) An an ordinance that, subject to s. 66.0903, 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.

AB32-ASA1,45 Section 45. 104.001 (3) (a) of the statutes is repealed.

AB32-ASA1,46 Section 46. 106.04 (1) (d) of the statutes is amended to read:

AB32-ASA1,18,15 106.04 (1) (d) "Project" means a project of public works that is subject to s. 103.49 or 103.50 16.856 or 84.062 in which work is performed by employees employed in trades that are apprenticeable under this subchapter.

AB32-ASA1,47 Section 47. 109.09 (1) of the statutes is amended to read:

AB32-ASA1,19,13 109.09 (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 that 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. s. 66.0903, 2013 stats., s. 103.49, 2013 stats., and s. 229.8275, 2013 stats., and ss. 16.856, 103.02, 103.49, 103.82, and 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.

AB32-ASA1,48 Section 48. 111.322 (2m) (a) of the statutes is amended to read:

AB32-ASA1,19,18 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB32-ASA1,49 Section 49. 111.322 (2m) (b) of the statutes is amended to read:

AB32-ASA1,19,23 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

AB32-ASA1,50 Section 50. 111.322 (2m) (c) of the statutes is amended to read:

AB32-ASA1,20,3 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 103.49, or 229.8275 16.856 or 84.062 or testifies or assists in any action or proceeding under s. 66.0903, 103.49, or 229.8275 16.856 or 84.062.

AB32-ASA1,51 Section 51. 227.01 (13) (t) of the statutes is repealed.

AB32-ASA1,52 Section 52. 229.682 (2) of the statutes is repealed.

AB32-ASA1,53 Section 53. 229.8275 of the statutes is repealed.

AB32-ASA1,54 Section 54. 946.15 (1) of the statutes is amended to read:

AB32-ASA1,20,22 946.15 (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), 103.49 (3), 103.50 (3), or 229.8275 (3) that is subject to s. 16.856 or 84.062 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 s. 16.856 or 84.062, 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), 103.49 (3), 103.50 (3), or 229.8275 (3) that is not subject to s. 16.856 or 84.062 during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued that is subject to s. 16.856 or 84.062 and on a project on which a prevailing wage rate determination has not been issued that is not subject to s. 16.856 or 84.062, is guilty of a Class I felony.

AB32-ASA1,55 Section 55. 946.15 (2) of the statutes is amended to read: