Amendment AA6-ASA2-AB68

AB68-ASA2-AA6,43,1 “ Section 319m. 84.41 (3) of the statutes is created to read:

AB68-ASA2-AA6,43,6 84.41 (3) Employment regulations. Employment regulations set forth in s. 103.50 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.

AB68-ASA2-AA6,319s Section 319s. 84.54 of the statutes is repealed.” .

AB68-ASA2-AA6,43,9 65. Page 330, line 16: delete the material beginning with that line and ending with page 331, line 13, and substitute:

AB68-ASA2-AA6,43,10 “ Section 324a. 85.20 (4m) (a) 6. cm. of the statutes is amended to read:

AB68-ASA2-AA6,43,20 85.20 (4m) (a) 6. cm. From the appropriation under s. 20.395 (1) (ht), the department shall pay $64,193,900 for aid payable for calendar years 2015 to 2019 and $65,477,800 for aid payable for calendar year years 2020 and 2021, $67,114,700 for calendar year 2022, and $68,792,600 for calendar year 2023 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses of $80,000,000 or more. If the eligible applicant that receives aid under this subd. 6. cm. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB68-ASA2-AA6,325a Section 325a. 85.20 (4m) (a) 6. d. of the statutes is amended to read:

AB68-ASA2-AA6,44,7 85.20 (4m) (a) 6. d. From the appropriation under s. 20.395 (1) (hu), the department shall pay $16,868,000 for aid payable for calendar years 2015 to 2019 and $17,205,400 for aid payable for calendar year years 2020 and 2021, $17,635,500 for calendar year 2022, and $18,076,400 for calendar year 2023 and thereafter, to the eligible applicant that pays the local contribution required under par. (b) 1. for an urban mass transit system that has annual operating expenses in excess of $20,000,000 but less than $80,000,000. If the eligible applicant that receives aid under this subd. 6. d. is served by more than one urban mass transit system, the eligible applicant may allocate the aid between the urban mass transit systems in any manner the eligible applicant considers desirable.

AB68-ASA2-AA6,325o Section 325o. 85.20 (4m) (a) 7. b. of the statutes is amended to read:

AB68-ASA2-AA6,44,14 85.20 (4m) (a) 7. b. For the purpose of making allocations under subd. 7. a., the amounts for aids are $24,486,700 in calendar years 2015 to 2019 and $24,976,400 in calendar year years 2020 and 2021, $25,600,800 in calendar year 2022, and $26,240,800 in calendar year 2023 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB68-ASA2-AA6,325p Section 325p. 85.20 (4m) (a) 8. b. of the statutes is amended to read:

AB68-ASA2-AA6,44,21 85.20 (4m) (a) 8. b. For the purpose of making allocations under subd. 8. a., the amounts for aids are $5,188,900 in calendar years 2015 to 2019 and $5,292,700 in calendar year years 2020 and 2021, $5,425,000 in calendar year 2022, and $5,560,600 in calendar year 2023 and thereafter. These amounts, to the extent practicable, shall be used to determine the uniform percentage in the particular calendar year.

AB68-ASA2-AA6,325r Section 325r. 85.203 of the statutes is created to read:

AB68-ASA2-AA6,44,23 85.203 Transit capital assistance grants. (1) In this section:

AB68-ASA2-AA6,44,24 (a) “Eligible applicant" has the meaning given in s. 85.20 (1) (b).

AB68-ASA2-AA6,45,3 (b) “Public transit vehicle" means any vehicle used for providing transportation service to the general public that is eligible for replacement under settlement guidelines, as defined in s. 16.047 (1) (b).

AB68-ASA2-AA6,45,7 (2) The department shall administer a transit capital assistance grant program. From the appropriation under s. 20.395 (1) (bt), the department shall award grants to eligible applicants for the replacement of public transit vehicles. The department shall establish criteria for awarding grants under this section.”.

AB68-ASA2-AA6,45,8 66. Page 334, line 6: after that line insert:

AB68-ASA2-AA6,45,9 “ Section 334m. 86.51 of the statutes is repealed.”.

AB68-ASA2-AA6,45,10 67. Page 334, line 18: after that line insert:

AB68-ASA2-AA6,45,11 “ Section 336g. 100.2091 of the statutes is created to read:

AB68-ASA2-AA6,45,15 100.2091 Broadband; discrimination prohibited. (1) No broadband service provider may deny access to broadband service to any group of potential residential customers because of the race or income of the residents in the area in which the group resides.

AB68-ASA2-AA6,45,20 (2) It is a defense to an alleged violation of sub. (1) based on income if, no later than 3 years after the date on which the broadband service provider began providing broadband service in this state, at least 30 percent of the households with access to the broadband service provider's broadband service in the area in which a group of potential residential customers resides are low-income households.

AB68-ASA2-AA6,46,3 (3) The department may enforce this section and may promulgate rules to implement and administer this section. The department of justice may represent the department in an action to enforce this section. If the court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the department of justice.

AB68-ASA2-AA6,46,9 (4) Any person that is affected by a failure to comply with this section may bring an action to enforce this section. If a court finds that a broadband service provider has not complied with this section, the court shall order the broadband service provider to comply with this section within a reasonable amount of time and, notwithstanding s. 814.14 (1), shall award costs, including reasonable attorney fees, to the person affected.

AB68-ASA2-AA6,336r Section 336r. 100.2092 of the statutes is created to read:

AB68-ASA2-AA6,46,15 100.2092 Broadband service subscriber rights. (1) Rights. (a) A broadband service provider shall repair broadband service within 72 hours after a subscriber reports a service interruption or requests the repair if the service interruption is not the result of a major system-wide or large area emergency, such as a natural disaster.

AB68-ASA2-AA6,46,19 (b) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for one day of broadband service if broadband service is interrupted for more than 4 hours in one day and the interruption is caused by the broadband service provider.

AB68-ASA2-AA6,46,23 (c) Upon notification by a subscriber of a service interruption, a broadband service provider shall give the subscriber a credit for each hour that broadband service is interrupted if broadband service is interrupted for more than 4 hours in one day and the interruption is not caused by the broadband service provider.

AB68-ASA2-AA6,47,3 (d) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose that a subscriber has a right to a credit for notifying the broadband service provider of a service interruption.

AB68-ASA2-AA6,47,5 (e) A broadband service provider shall provide broadband service that satisfies minimum standards established by the department by rule.

AB68-ASA2-AA6,47,7 (f) A broadband service provider shall give a subscriber at least 30 days' advance written notice before instituting a rate increase.

AB68-ASA2-AA6,47,10 (g) A broadband service provider shall give a subscriber at least 7 days' advance written notice of any scheduled routine maintenance that causes a service slowdown, interruption, or outage.

AB68-ASA2-AA6,47,13 (h) A broadband service provider shall give a subscriber at least 10 days' advance written notice of disconnecting service, unless the disconnection is requested by the subscriber.

AB68-ASA2-AA6,47,16 (i) Prior to entering into a service agreement with a subscriber, a broadband service provider shall disclose the factors that may cause the actual broadband speed experience to vary, including the number of users and device limitations.

AB68-ASA2-AA6,47,19 (j) A broadband service provider shall provide broadband service to a subscriber as described in point of sale advertisements and representations made to the subscriber.

AB68-ASA2-AA6,47,22 (k) A broadband service provider shall give a subscriber at least 10 days' advance written notice of a change in a factor that might cause the originally disclosed speed experience to vary.

AB68-ASA2-AA6,48,2 (L) A broadband service provider shall allow a subscriber to terminate a contract and receive a full refund without fees if the provider sells a service that does not satisfy the requirements established under par. (e) and the broadband service provider does not satisfy the requirements established under par. (e) within one month of written notification from the subscriber.

AB68-ASA2-AA6,48,6 (2) Advertising. A broadband service provider shall disclose the factors that may cause the actual broadband speed experience of a subscriber to vary, including the number of users and device limitations, in each advertisement of the speed of the provider's service, including in all of the following types of advertisements:

AB68-ASA2-AA6,48,7 (a) Television and other commercials.

AB68-ASA2-AA6,48,8 (b) Internet and email advertisements.

AB68-ASA2-AA6,48,9 (c) Print advertisements and bill inserts.

AB68-ASA2-AA6,48,11 (d) Any other advertising method or solicitation for the sale of new or upgraded broadband service.

AB68-ASA2-AA6,48,13 (3) Rules. The department may promulgate rules to implement and administer this section.

AB68-ASA2-AA6,48,17 (4) Penalty; enforcement. (a) A person who violates this section may be required to forfeit not more than $1,000 for each violation and not more than $10,000 for each occurrence. Failure to give a notice required under sub. (1) (f) to more than one subscriber shall be considered one violation.

AB68-ASA2-AA6,48,19 (b) The department or a district attorney may institute civil proceedings under this section.”.

AB68-ASA2-AA6,48,20 68. Page 334, line 18: after that line insert:

AB68-ASA2-AA6,48,21 “ Section 336b. 103.005 (12) (a) of the statutes is amended to read:

AB68-ASA2-AA6,49,8 103.005 (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 that 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).

AB68-ASA2-AA6,336d Section 336d. 103.49 of the statutes is created to read:

AB68-ASA2-AA6,49,10 103.49 Wage rate on state work. (1) Definitions. In this section:

AB68-ASA2-AA6,49,19 (a) “Area" means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, “area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, “area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, “area" means the entire state or, if the department is requested to review a determination under sub. (3) (c), “area" means the city, village, or town in which a proposed project of public works that is subject to this section is located.

AB68-ASA2-AA6,49,25 (am) “Bona fide economic benefit" means an economic benefit for which an employer makes irrevocable contributions to a trust or fund created under 29 USC 186 (c) or to any other bona fide plan, trust, program, or fund no less often than quarterly or, if an employer makes annual contributions to such a bona fide plan, trust, program, or fund, for which the employer irrevocably escrows moneys at least quarterly based on the employer's expected annual contribution.

AB68-ASA2-AA6,50,4 (b) “Hourly basic rate of pay" means the hourly wage paid to any employee, excluding any contributions or payments for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefits, whether paid directly or indirectly.

AB68-ASA2-AA6,50,7 (bg) “Insufficient wage data" means less than 500 hours of work performed in a particular trade or occupation on projects that are similar to a proposed project of public works that is subject to this section.

AB68-ASA2-AA6,50,13 (bj) “Minor service or maintenance work" means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.

AB68-ASA2-AA6,50,16 (br) “Multiple-trade project of public works" means a project of public works in which no single trade accounts for 85 percent or more of the total labor cost of the project.

AB68-ASA2-AA6,50,19 (c) “Prevailing hours of labor" for any trade or occupation in any area means 10 hours per day and 40 hours per week and may not include any hours worked on a Saturday or Sunday or on any of the following holidays:

AB68-ASA2-AA6,50,20 1. January 1.

AB68-ASA2-AA6,50,21 2. The last Monday in May.

AB68-ASA2-AA6,50,22 3. July 4.

AB68-ASA2-AA6,50,23 4. The first Monday in September.

AB68-ASA2-AA6,50,24 5. The 4th Thursday in November.

AB68-ASA2-AA6,50,25 6. December 25.

AB68-ASA2-AA6,51,1 7. The day before if January 1, July 4, or December 25 falls on a Saturday.

AB68-ASA2-AA6,51,2 8. The day following if January 1, July 4, or December 25 falls on a Sunday.

AB68-ASA2-AA6,51,8 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for a majority of the hours worked in the trade or occupation on projects in the area.

AB68-ASA2-AA6,51,18 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, “prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51 percent of hours worked in that trade or occupation on projects in that area.

AB68-ASA2-AA6,51,21 (em) “Single-trade project of public works" means a project of public works in which a single trade accounts for 85 percent or more of the total labor cost of the project.

AB68-ASA2-AA6,52,2 (f) “State agency" means any office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature and the courts. “State agency" also includes the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Wisconsin Aerospace Authority.

AB68-ASA2-AA6,52,7 (fm) “Supply and installation contract" means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts, and no other work is performed on the site of the project of public works, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract.

AB68-ASA2-AA6,52,8 (g) “Truck driver" includes an owner-operator of a truck.

AB68-ASA2-AA6,52,11 (1m) Applicability. Subject to sub. (3g), this section applies to any project of public works erected, constructed, repaired, remodeled, or demolished for the state or a state agency, including all of the following:

AB68-ASA2-AA6,52,14 (a) A project erected, constructed, repaired, remodeled, or demolished by one state agency for another state agency under any contract or under any statute specifically authorizing cooperation between state agencies.

AB68-ASA2-AA6,52,18 (b) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or a state agency contracting for the erection, construction, repair, remodeling, or demolition of the facility.

AB68-ASA2-AA6,52,21 (c) A sanitary sewer or water main project in which the completed sanitary sewer or water main is acquired by, or dedicated to, the state for ownership or maintenance by the state.

AB68-ASA2-AA6,53,18 (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 individual performing the work described in sub. (2m) may be allowed to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such individual may be allowed 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. The notice published for the purpose of securing bids for the project must contain a reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor. Except as otherwise provided in this subsection, 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. 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.

AB68-ASA2-AA6,53,24 (2m) Covered employees. (a) Subject to par. (b), any person subject to this section shall pay all of the following employees the prevailing wage rate determined under sub. (3) and may not allow such employees to work a greater number of hours per day or per week than the prevailing hours of labor, unless the person pays for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times the employees' hourly basic rate of pay:

AB68-ASA2-AA6,54,2 1. All laborers, workers, mechanics, and truck drivers employed on the site of a project of public works that is subject to this section.

AB68-ASA2-AA6,54,8 2. All laborers, workers, mechanics, and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of a project of public works that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project of public works that is subject to this section by a contractor, subcontractor, agent, or other person performing any work on the site of the project.

AB68-ASA2-AA6,54,16 (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 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:

AB68-ASA2-AA6,54,21 1. The laborer, worker, mechanic, or truck driver 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.

AB68-ASA2-AA6,54,25 2. The laborer, worker, mechanic, or truck driver 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.

AB68-ASA2-AA6,55,3 (c) A person that is subject to this section shall pay a truck driver who is an owner-operator of a truck separately for his or her work and for the use of his or her truck.

AB68-ASA2-AA6,55,19 (3) Investigation; determination. (a) Before a state agency issues a request for bids for any work to which this section applies, the state agency having the authority to prescribe the specifications shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself of the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting state agency. A state agency that has contracted for a project of public works subject to this section shall post the prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of subs. (2) and (6m) in at least one conspicuous place on the site of the project that is easily accessible by employees working on the project.

AB68-ASA2-AA6,56,2 (am) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a project of public works extends into more than one area, the department shall determine only one standard of prevailing wage rates for the entire project.

AB68-ASA2-AA6,56,11 (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining prevailing wage rates under par. (a) or (am), the department may not use data from any construction work performed by a state agency or a local governmental unit, as defined in s. 66.0903 (1) (d).

AB68-ASA2-AA6,56,20 (b) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by individuals working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

AB68-ASA2-AA6,57,9 (c) In addition to the recalculation under par. (b), the state agency that requested the determination under this subsection may request a review of any portion of a determination within 30 days after the date of issuance of the determination if the state agency submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the determination does not represent the prevailing wage rate for that trade or occupation in the city, village, or town in which the proposed project of public works is located. That evidence shall include wage rate information for the contested trade or occupation on at least 3 similar projects located in the city, village, or town where the proposed project of public works is located on which some work has been performed during the current survey period and that were considered by the department in issuing its most recent compilation under par. (am). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review.