SB21-SSA1-SA2,12,63
84.295
(4m) (d) In order to be eligible for reimbursement under this subsection,
4any entry upon or occupation of state freeway right-of-way after relocation or
5replacement by a metropolitan sewerage district acting under s. 200.11 (5) (b)
or
6200.35 (7) shall be done in a manner acceptable to the department.
SB21-SSA1-SA2,12,128
84.295
(4m) (e) 2. "Municipal utility facilities" mean any utility facilities owned
9by any town, village, or city or any joint local water authority created under s.
1066.0823 or any town sanitary district established under subch. IX of ch. 60, or under
11the jurisdiction of any metropolitan sewerage district established under
ss. 200.01
12to 200.15 ch. 200.".
SB21-SSA1-SA2,12,1915
84.41
(3) Employment regulations. Employment regulations set forth in s.
16103.50 84.062 pertaining to wages and hours shall apply to all projects constructed
17under s. 84.40 in the same manner as such laws apply to projects on other state
18highways. Where applicable, the federal wages and hours law known as the
19Davis-Bacon act shall apply.".
SB21-SSA1-SA2,13,822
103.005
(12) (a) If any employer, employee, owner, or other person violates chs.
23103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106,
24within the time prescribed by the department, for which no penalty has been
1specifically provided, or fails, neglects or refuses to obey any lawful order given or
2made by the department or any judgment or decree made by any court in connection
3with chs. 103 to 106, for each such violation, failure or refusal, the employer,
4employee, owner or other person shall forfeit not less than $10 nor more than $100
5for each offense.
This paragraph does not apply to any person who fails to provide
6any information to the department to assist the department in determining
7prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or
8103.50 (3) or (4).".
SB21-SSA1-SA2,3077bg
11Section 3077bg. 103.49 (1) (intro.), (am), (b), (bj), (br), (c), (em), (f), (fm) and
12(g), (1m) and (3g) of the statutes are renumbered 16.856 (1) (intro.), (a), (b), (c), (d),
13(e), (g), (h), (i) and (j), (1m) and (3g).
SB21-SSA1-SA2,3077c
15Section 3077c. 103.49 (2) of the statutes is renumbered 16.856 (2) and
16amended to read:
SB21-SSA1-SA2,14,1417
16.856
(2) Prevailing wage rates and hours of labor. Any contract made for
18the erection, construction, remodeling, repairing, or demolition of any project of
19public works to which the state or any state agency is a party shall contain a
20stipulation that no person performing the work described in sub. (2m) may be
21permitted to work a greater number of hours per day or per week than the prevailing
22hours of labor, except that any such person may be permitted or required to work
23more than such prevailing hours of labor per day and per week if 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
1times his or her hourly basic rate of pay; nor may he or she be paid less than the
2prevailing wage rate
determined under sub. (3) in the same or most similar trade or
3occupation in the area in which the project of public works is situated. A reference
4to the prevailing wage rates
determined under sub. (3) and the prevailing hours of
5labor shall be published in the notice issued for the purpose of securing bids for the
6project. If any contract or subcontract for a project of public works that is subject to
7this section is entered into, the prevailing wage rates
determined under sub. (3) and
8the prevailing hours of labor shall be physically incorporated into and made a part
9of the contract or subcontract, except that for a minor subcontract, as determined by
10the department, the department shall prescribe by rule the method of notifying the
11minor subcontractor of the prevailing wage rates and prevailing hours of labor
12applicable to the minor subcontract. The prevailing wage rates and prevailing hours
13of labor applicable to a contract or subcontract may not be changed during the time
14that the contract or subcontract is in force.
SB21-SSA1-SA2,3077cp
15Section 3077cp. 103.49 (2m) of the statutes is renumbered 16.856 (2m), and
1616.856 (2m) (a) (intro.) and (b), as renumbered, are amended to read:
SB21-SSA1-SA2,14,2117
16.856
(2m) (a) (intro.) Subject to par. (b), all of the following employees shall
18be paid the prevailing wage rate
determined under sub. (3) and may not be permitted
19to work a greater number of hours per day or per week than the prevailing hours of
20labor, unless they are paid for all hours worked in excess of the prevailing hours of
21labor at a rate of at least 1.5 times their hourly basic rate of pay:
SB21-SSA1-SA2,15,522
(b) A laborer, worker, mechanic, or truck driver who is employed to process,
23manufacture, pick up, or deliver materials or products from a commercial
24establishment that has a fixed place of business from which the establishment
25supplies processed or manufactured materials or products or from a facility that is
1not dedicated exclusively, or nearly so, to a project of public works that is subject to
2this section
, including any of the following, is not entitled to receive the prevailing
3wage rate
determined under sub. (3) or to receive at least 1.5 times his or her hourly
4basic rate of pay for all hours worked in excess of the prevailing hours of labor
unless
5any of the following applies:
SB21-SSA1-SA2,15,106
1.
The A laborer, worker, mechanic, or truck driver
who is employed to go to the
7source of mineral aggregate such as sand, gravel, or stone and deliver that mineral
8aggregate to the site of a project of public works that is subject to this section
by
9depositing the material directly in final place, from the transporting vehicle or
10through spreaders from the transporting vehicle.
SB21-SSA1-SA2,15,1411
2.
The A laborer, worker, mechanic, or truck driver
who is employed to go to the
12site of a project that is subject to this section, pick up excavated material or spoil from
13the site of the project of public works
, and transport that excavated material or spoil
14away from the site of the project.
SB21-SSA1-SA2,3077dp
16Section 3077dp. 103.49 (6m) (title) of the statutes is renumbered 16.856 (6m)
17(title).
SB21-SSA1-SA2,3077e
18Section 3077e. 103.49 (6m) (ag) of the statutes is renumbered 16.856 (6m)
19(ag), and 16.856 (6m) (ag) 1., 2. and 3., as renumbered, are amended to read:
SB21-SSA1-SA2,16,220
16.856
(6m) (ag) 1. Any contractor, subcontractor, or contractor's or
21subcontractor's agent who fails to pay the prevailing wage rate
determined by the
22department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
23pay for all hours worked in excess of the prevailing hours of labor is liable to any
24affected employee in the amount of his or her unpaid wages or his or her unpaid
1overtime compensation
and in an additional amount as liquidated damages as
2provided in subd. 2. or 3., whichever is applicable.
SB21-SSA1-SA2,16,113
2. If the department determines
upon inspection under sub. (5) (b) or (c) that
4a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
5the prevailing wage rate
determined by the department under sub. (3) or has paid
6less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
7prevailing hours of labor, the department shall order the contractor to pay to any
8affected employee the amount of his or her unpaid wages or his or her unpaid
9overtime compensation
and an additional amount equal to 100 percent of the amount
10of those unpaid wages or that unpaid overtime compensation as liquidated damages 11within a period specified by the department in the order.
SB21-SSA1-SA2,16,2212
3. In addition to or in lieu of recovering the liability specified in subd. 1. as
13provided in subd. 2., any employee for and in behalf of that employee and other
14employees similarly situated may commence an action to recover that liability in any
15court of competent jurisdiction. If the court finds that a contractor, subcontractor,
16or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
17determined by the department under sub. (3) or has paid less than 1.5 times the
18hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
19the court shall order the contractor, subcontractor, or agent to pay to any affected
20employee the amount of his or her unpaid wages or his or her unpaid overtime
21compensation
and an additional amount equal to 100 percent of the amount of those
22unpaid wages or that unpaid overtime compensation as liquidated damages.
SB21-SSA1-SA2,3077ep
23Section 3077ep. 103.49 (6m) (am) of the statutes is renumbered 16.856 (6m)
24(am) and amended to read:
SB21-SSA1-SA2,17,4
116.856
(6m) (am) Except as provided in pars. (b)
, and (d)
and (f), any contractor,
2subcontractor or contractor's or subcontractor's agent who violates this section may
3be fined not more than $200 or imprisoned for not more than 6 months or both. Each
4day that a violation continues is a separate offense.
SB21-SSA1-SA2,3077f
5Section 3077f. 103.49 (6m) (b) to (e) of the statutes are renumbered 16.856
6(6m) (b) to (e).
SB21-SSA1-SA2,3077h
10Section 3077h. 103.50 (2) of the statutes is renumbered 84.062 (2) and
11amended to read:
SB21-SSA1-SA2,17,2212
84.062
(2) Prevailing wage rates and hours of labor. No person performing
13the work described in sub. (2m) in the employ of a contractor, subcontractor, agent
14or other person performing any work on a project under a contract based on bids as
15provided in s. 84.06 (2) to which the state is a party for the construction or
16improvement of any highway may be permitted to work a greater number of hours
17per day or per week than the prevailing hours of labor; nor may he or she be paid a
18lesser rate of wages than the prevailing wage rate in the area in which the work is
19to be done
determined under sub. (3); except that any such person may be permitted
20or required to work more than such prevailing hours of labor per day and per week
21if he or she is paid for all hours worked in excess of the prevailing hours of labor at
22a rate of at least 1.5 times his or her hourly basic rate of pay.
SB21-SSA1-SA2,3077hp
23Section 3077hp. 103.50 (2g) of the statutes is renumbered 84.062 (2g) and
24amended to read:
SB21-SSA1-SA2,18,5
184.062
(2g) Nonapplicability. This section does not apply to a single-trade
2project of public works, as defined in s.
103.49
16.856 (1)
(em) (g), for which the
3estimated project cost of completion is less than $48,000 or a multiple-trade project
4of public works, as defined in s.
103.49 16.856 (1)
(br) (d), for which the estimated
5project cost of completion is less than $100,000.
SB21-SSA1-SA2,3077i
6Section 3077i. 103.50 (2m) of the statutes is renumbered 84.062 (2m), and
784.062 (2m) (a) (intro.) and (b), as renumbered, are amended to read:
SB21-SSA1-SA2,18,128
84.062
(2m) (a) (intro.) Subject to par. (b), all of the following employees shall
9be paid the prevailing wage rate
determined under sub. (3) and may not be permitted
10to work a greater number of hours per day or per week than the prevailing hours of
11labor, unless they are paid for all hours worked in excess of the prevailing hours of
12labor at a rate of at least 1.5 times their hourly basic rate of pay:
SB21-SSA1-SA2,18,2113
(b) A laborer, worker, mechanic, or truck driver who is employed to process,
14manufacture, pick up, or deliver materials or products from a commercial
15establishment that has a fixed place of business from which the establishment
16supplies processed or manufactured materials or products or from a facility that is
17not dedicated exclusively, or nearly so, to a project that is subject to this section
,
18including any of the following, is not entitled to receive the prevailing wage rate
19determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate
20of pay for all hours worked in excess of the prevailing hours of labor
unless any of the
21following applies:
SB21-SSA1-SA2,19,222
1.
The A laborer, worker, mechanic or truck driver
who is employed to go to the
23source of mineral aggregate such as sand, gravel or stone and deliver that mineral
24aggregate to the site of a project that is subject to this section
by depositing the
1material directly in final place, from the transporting vehicle or through spreaders
2from the transporting vehicle.
SB21-SSA1-SA2,19,63
2.
The A laborer, worker, mechanic or truck driver
who is employed to go to the
4site of a project that is subject to this section, pick up excavated material or spoil from
5the site of the project
, and transport that excavated material or spoil away from the
6site of the project and return to the site of the project.
SB21-SSA1-SA2,3077j
8Section 3077j. 103.50 (6) of the statutes is renumbered 84.062 (6) and
9amended to read:
SB21-SSA1-SA2,20,210
84.062
(6) Contents of contracts
; notification. A reference to the prevailing
11wage rates
determined under sub. (3) and the prevailing hours of labor shall be
12published in the notice issued for the purpose of securing bids for a project. If any
13contract or subcontract for a project that is subject to this section is entered into, the
14prevailing wage rates
determined under sub. (3) and the prevailing hours of labor
15shall be physically incorporated into and made a part of the contract or subcontract,
16except that for a minor subcontract,
as determined by the department of workforce
17development, that department the department of administration shall prescribe
by
18rule under s. 16.856 (2) the method of notifying the minor subcontractor of the
19prevailing wage rates and prevailing hours of labor applicable to the minor
20subcontract. The prevailing wage rates and prevailing hours of labor applicable to
21a contract or subcontract may not be changed during the time that the contract or
22subcontract is in force. For the information of the employees working on the project,
23the prevailing wage rates
determined by the department, the prevailing hours of
24labor
, and the provisions of subs. (2) and (7) shall be kept posted by the department
1of transportation in at least one conspicuous and easily accessible place on the site
2of the project.
SB21-SSA1-SA2,3077jp
3Section 3077jp. 103.50 (7) (title) and (a) to (e) of the statutes are renumbered
484.062 (7) (title) and (a) to (e), and 84.062 (7) (a), as renumbered, is amended to read:
SB21-SSA1-SA2,20,85
84.062
(7) (a) Except as provided in pars. (b)
, and (d)
and (f), any contractor,
6subcontractor
, or contractor's or subcontractor's agent who violates this section may
7be fined not more than $200 or imprisoned for not more than 6 months or both. Each
8day that a violation continues is a separate offense.
SB21-SSA1-SA2,3077kp
10Section 3077kp. 103.50 (8) of the statutes is renumbered 84.062 (8) and
11amended to read:
SB21-SSA1-SA2,20,2312
84.062
(8) Enforcement and prosecution. The department
of transportation 13shall require adherence to subs. (2), (2m)
, and (6). The department
of transportation 14may demand and examine, and every contractor, subcontractor
, and contractor's or
15subcontractor's agent shall keep and furnish upon request by the department
of
16transportation, copies of payrolls and other records and information relating to
17compliance with this section.
If requested by any person performing the work
18described in sub. (2m), the department shall conduct an investigation to ensure
19compliance with this section. Upon request of the department
of transportation or
20upon complaint of alleged violation, the district attorney of the county in which the
21work is located shall investigate as necessary and prosecute violations in a court of
22competent jurisdiction. Section 111.322 (2m) applies to discharge and other
23discriminatory acts arising in connection with any proceeding under this section.
SB21-SSA1-SA2,21,6
1103.503
(1) (a) "Accident" means an incident caused, contributed to, or
2otherwise involving an employee that resulted or could have resulted in death,
3personal injury, or property damage and that occurred while the employee was
4performing the work described in s. 66.0903 (4)
, 2013 stats., or
103.49 s. 16.856 (2m)
5on a project of public works or while the employee was performing work on a public
6utility project.
SB21-SSA1-SA2,21,128
103.503
(1) (c) "Contracting agency" means a local governmental unit, as
9defined in s. 66.0903 (1) (d), or a state agency, as defined in s.
103.49 16.856 (1)
(f) 10(h), that has contracted for the performance of work on a project of public works or
11a public utility that has contracted for the performance of work on a public utility
12project.
SB21-SSA1-SA2,21,1614
103.503
(1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
15who performs the work described in s. 66.0903 (4)
, 2013 stats., or
103.49 s. 16.856 16(2m) on a project of public works or on a public utility project.
SB21-SSA1-SA2,21,2118
103.503
(1) (g) "Project of public works" means a project of public works that
19is
subject to s. 16.856 or that would be subject to s. 66.0903
or 103.49, 2013 stats., if
20the project were erected, constructed, repaired, remodeled, or demolished prior to the
21effective date of this paragraph .... [LRB inserts date].
SB21-SSA1-SA2,22,523
103.503
(2) Substance abuse prohibited. No employee may use, possess,
24attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
25be under the influence of alcohol, while performing the work described in s. 66.0903
1(4)
, 2013 stats., or
103.49 s. 16.856 (2m) on a project of public works or while
2performing work on a public utility project. An employee is considered to be under
3the influence of alcohol for purposes of this subsection if he or she has an alcohol
4concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
5(d).
SB21-SSA1-SA2,22,147
103.503
(3) (a) 2. A requirement that employees performing the work described
8in s. 66.0903 (4)
, 2013 stats., or
103.49 s. 16.856 (2m) on a project of public works or
9performing work on a public utility project submit to random, reasonable suspicion,
10and post-accident drug and alcohol testing and to drug and alcohol testing before
11commencing work on the project, except that testing of an employee before
12commencing work on a project is not required if the employee has been participating
13in a random testing program during the 90 days preceding the date on which the
14employee commenced work on the project.".
SB21-SSA1-SA2,22,17
16"
Section 3078cd. 104.001 (3) (intro.) and (b) of the statutes are consolidated,
17renumbered 104.001 (3) and amended to read:
SB21-SSA1-SA2,22,2318
104.001
(3) This section does not affect
any of the following: (b) An an 19ordinance that
, subject to s. 66.0903, requires an employee of a county, city, village,
20or town, an employee who performs work under a contract for the provision of
21services to a county, city, village, or town, or an employee who performs work that is
22funded by financial assistance from a county, city, village, or town, to be paid at a
23minimum wage rate specified in the ordinance.
SB21-SSA1-SA2,23,53
106.04
(1) (d) "Project" means a project of public works that is subject to s.
4103.49 or 103.50 16.856 or 84.062 in which work is performed by employees employed
5in trades that are apprenticeable under this subchapter.".
SB21-SSA1-SA2,24,58
109.09
(1) The department shall investigate and attempt equitably to adjust
9controversies between employers and employees as to alleged wage claims. The
10department may receive and investigate any wage claim
which that is filed with the
11department, or received by the department under s. 109.10 (4), no later than 2 years
12after the date the wages are due. The department may, after receiving a wage claim,
13investigate any wages due from the employer against whom the claim is filed to any
14employee during the period commencing 2 years before the date the claim is filed.
15The department shall enforce this chapter and
ss.
s. 66.0903
, 2013 stats., s. 103.49,
162013 stats., and s. 229.8275, 2013 stats., and ss. 16.856, 103.02,
103.49, 103.82,
and 17104.12
, and 229.8275. In pursuance of this duty, the department may sue the
18employer on behalf of the employee to collect any wage claim or wage deficiency and
19ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
20under s. 109.10, the department may refer such an action to the district attorney of
21the county in which the violation occurs for prosecution and collection and the
22district attorney shall commence an action in the circuit court having appropriate
23jurisdiction. Any number of wage claims or wage deficiencies against the same
24employer 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.
SB21-SSA1-SA2,24,107
111.322
(2m) (a) The individual files a complaint or attempts to enforce any
8right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455,
103.50, 9104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64
10to 103.82.
SB21-SSA1-SA2,24,1512
111.322
(2m) (b) The individual testifies or assists in any action or proceeding
13held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
14103.34, 103.455,
103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss.
15101.58 to 101.599 or 103.64 to 103.82.
SB21-SSA1-SA2,24,1917
111.322
(2m) (c) The individual files a complaint or attempts to enforce a right
18under s.
66.0903, 103.49, or 229.8275 16.856 or 84.062 or testifies or assists in any
19action or proceeding under s.
66.0903, 103.49, or 229.8275 16.856 or 84.062.".
SB21-SSA1-SA2,24,23
2264. Page 1043, line 2: delete "
In the 2013-14 and 2014-15 school years, a A"
23and substitute "In the
2013-14 and 2014-15
2015-16 and 2016-17 school years, a".
SB21-SSA1-SA2,25,7
2"a. For applications for the 2016-17 and 2017-18 school years, if the total
3number of applicants does not exceed the school district's pupil participation limit
4under sub. (2) (be), the department shall determine which applications each private
5school may accept on a random basis, except that the department shall give
6preference to the applications of pupils described in s. 118.60 (3) (a) 1m. to 5., in the
7order of preference listed in that paragraph.
SB21-SSA1-SA2,25,108
am. For applications for the 2018-19 school year and each school year
9thereafter, if the total number of applicants does not exceed the school district's
10pupil".