Amendment ASA1-AB32

AB32-ASA1,22 Section 22. 103.49 (3), (4r) and (5) of the statutes are repealed.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

AB32-ASA1,21,13 946.15 (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), 103.49 (3), 103.50 (3), or 229.8275 (3) that is subject to s. 16.856 or 84.062 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 s. 16.856 or 84.062, 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), 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 person works part-time on a project on which a prevailing wage rate determination has been issued that is subject to s. 16.856 or 84.062 and part-time 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 C misdemeanor.

AB32-ASA1,56 Section 56. 946.15 (3) of the statutes is amended to read:

AB32-ASA1,21,24 946.15 (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), 103.49 (3), 103.50 (3), or 229.8275 (3) that is subject to s. 16.856 or 84.062 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 s. 16.856 or 84.062 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.

AB32-ASA1,57 Section 57. 946.15 (4) of the statutes is amended to read:

AB32-ASA1,22,8 946.15 (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), 103.49 (3), 103.50 (3), or 229.8275 (3) that is subject to s. 16.856 or 84.062 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 s. 16.856 or 84.062 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.

AB32-ASA1,58 Section 58. 978.05 (6) (a) of the statutes is amended to read:

AB32-ASA1,22,22 978.05 (6) (a) Institute, commence or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 84.062 (8), 103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB32-ASA1,59 Section 59. Nonstatutory provisions.

AB32-ASA1,23,8 (1) Using the procedure under section 227.24 of the statutes, the department of administration may promulgate rules under section 16.856 (7) of the statutes, as created by this act, for the period before the effective date of any corresponding permanent rules, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB32-ASA1,60 Section 60. Initial applicability.

AB32-ASA1,23,14 (1) This act first applies, with respect to a project of public works that is subject to bidding, to a project for which the request for bids is issued on the effective date of this subsection and, with respect to a project of public works that is not subject to bidding, to a project the contract for which is entered into on the effective date of this subsection.

AB32-ASA1,23,17 (2) The treatment of sections 66.0903 (10) (d), 111.322 (2m) (c), and 229.8275 of the statutes first applies to acts of discrimination that occur on the effective date of this subsection.

AB32-ASA1,61 Section 61. Effective date.

AB32-ASA1,23,20 (1) This act takes effect on January 1, 2016, or on the day after publication, whichever is later.

AB32-ASA1,23,21 (End)