2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 64
September 13, 2017 - Offered by Representatives Sinicki, Ohnstad, Anderson,
Barca, Berceau, Billings, Bowen, Brostoff, Considine, Crowley, Doyle,
Fields, Genrich, Goyke, Hebl, Hesselbein, Hintz, Kessler, Kolste, Mason,
Meyers, Milroy, Pope, Riemer, Sargent, Shankland, Spreitzer, Stuck,
Subeck, C. Taylor, Vruwink, Wachs, Young, Zamarripa and Zepnick.
19.36 (12) of the statutes is amended to read:
19.36 (12) Information relating to certain employees.
Unless access is 16
specifically authorized or required by statute, an authority may not provide access 17
to a record prepared or provided by an employer performing work on a project to 18
which s. 16.856 or 84.062 66.0903, 103.49, or 103.50
applies, or on which the 19
employer is otherwise required to pay prevailing wages, if that record contains the 20
name or other personally identifiable information relating to an employee of that 21
employer, unless the employee authorizes the authority to provide access to that 22
information. In this subsection, “personally identifiable information" does not
include an employee's work classification, hours of work, or wage or benefit payments 2
received for work on such a project.
66.0129 (5) of the statutes is amended to read:
66.0129 (5) Bids for construction.
The nonprofit corporation shall let all 5
contracts exceeding $1,000 for the construction, maintenance or repair of hospital 6
facilities to the lowest responsible bidder after advertising for bids by the publication 7
of a class 2 notice under ch. 985. Section
66.0901 applies and 66.0903 apply 8
to bids and contracts under this subsection.
66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the 10
statutes are created to read:
(a) “Area" means the county in which a proposed project of public 12
works that is subject to this section is located or, if the department determines that 13
there is insufficient wage data in that county, “area" means those counties that are 14
contiguous to that county or, if the department determines that there is insufficient 15
wage data in those counties, “area" means those counties that are contiguous to those 16
counties or, if the department determines that there is insufficient wage data in those 17
counties, “area" means the entire state or, if the department is requested to review 18
a determination under sub. (3) (br), “area" means the city, village, or town in which 19
a proposed project of public works that is subject to this section is located.
(am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).
(b) “Department" means the department of workforce development.
(cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
(dr) “Minor service or maintenance work" means a project of public works that 24
is limited to minor crack filling, chip or slurry sealing, or other minor pavement 25
patching, not including overlays, that has a projected life span of no longer than 5
years or that is performed for a town and is not funded under s. 86.31, regardless of 2
projected life span; the depositing of gravel on an existing gravel road applied solely 3
to maintain the road; road shoulder maintenance; cleaning of drainage or sewer 4
ditches or structures; or any other limited, minor work on public facilities or 5
equipment that is routinely performed to prevent breakdown or deterioration.
(em) “Multiple-trade project of public works" has the meaning given in s. 7
103.49 (1) (br).
(hm) “Single-trade project of public works" has the meaning given in s. 103.49 9
(im) “Supply and installation contract" means a contract under which the 11
material is installed by the supplier, the material is installed by means of simple 12
fasteners or connectors such as screws or nuts and bolts, and no other work is 13
performed on the site of the project of public works, and the total labor cost to install 14
the material does not exceed 20 percent of the total cost of the contract.
66.0903 (1) (c) of the statutes is amended to read:
(c) “Hourly basic rate of pay" has the meaning given in s. 16.856 17103.49
66.0903 (1) (f) of the statutes is amended to read:
(f) “Prevailing hours of labor" has the meaning given in s. 16.856 20103.49
(1) (e) (c)
66.0903 (1) (g) of the statutes is repealed and recreated to read:
(g) 1. Except as provided in subd. 2., “prevailing wage rate" for any 23
trade or occupation engaged in the erection, construction, remodeling, repairing, or 24
demolition of any project of public works in any area means the hourly basic rate of 25
pay, plus the hourly contribution for health insurance benefits, vacation benefits,
pension benefits, and any other bona fide economic benefit, paid directly or 2
indirectly, for a majority of the hours worked in the trade or occupation on projects 3
in the area.
2. If there is no rate at which a majority of the hours worked in the trade or 5
occupation on projects in the area is paid, “prevailing wage rate" for any trade or 6
occupation engaged in the erection, construction, remodeling, repairing, or 7
demolition of any project of public works in any area means the average hourly basic 8
rate of pay, weighted by the number of hours worked, plus the average hourly 9
contribution, weighted by the number of hours worked, for health insurance benefits, 10
vacation benefits, pension benefits, and any other bona fide economic benefit, paid 11
directly or indirectly for all hours worked at the hourly basic rate of pay of the 12
highest-paid 51 percent of hours worked in that trade or occupation on projects in 13
66.0903 (1) (j) of the statutes is amended to read:
(j) “Truck driver" has the meaning given in s. 16.856 103.49
(1) (j) 16(g)
66.0903 (1m) (b) of the statutes is amended to read:
(b) The legislature finds that the enactment of ordinances or 19
other enactments by local governmental units requiring laborers, workers, 20
mechanics, and truck drivers employed on projects of public works or on publicly 21
funded private construction projects to be paid the prevailing wage rate and to be 22
paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the 23
prevailing hours of labor would be logically inconsistent with, would defeat the 24
purpose of, and would go against the repeals
spirit of this section and the repeal
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 purposes of
2facilitating broader participation with respect to bidding on projects of public works,
3ensuring that wages accurately reflect market conditions, providing local
4governments with the flexibility to reduce costs on capital projects, and reducing
5spending at all levels of government in this state purpose of providing uniform
6prevailing wage rate and prevailing hours of labor requirements throughout the
66.0903 (2) to (12) of the statutes are created to read:
66.0903 (2) Applicability.
Subject to sub. (5), this section applies to any project 10
of public works erected, constructed, repaired, remodeled, or demolished for a local 11
governmental unit, including all of the following:
(a) A highway, street, bridge, building, or other infrastructure project.
(b) A project erected, constructed, repaired, remodeled, or demolished by one 14
local governmental unit for another local governmental unit under a contract under 15
s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically 16
authorizing cooperation between local governmental units.