Amendment ASA1-AB75

AB75-ASA1, s. 2188 Section 2188. 103.49 (1) (e) of the statutes is repealed.

AB75-ASA1, s. 2188f Section 2188f. 103.49 (1m) of the statutes is created to read:

AB75-ASA1,1166,18 103.49 (1m) Applicability. Subject to sub. (3g), this section applies to any project of public works erected, constructed, remodeled, repaired, or demolished for the state or a state agency, other than a highway, street, or bridge construction or maintenance project, including all of the following:

AB75-ASA1,1166,21 (a) A building construction project in which the completed building 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 construction of the building.

AB75-ASA1,1166,24 (b) A road, street, sanitary sewer, or water main project in which the completed road, street, sanitary sewer, or water main is dedicated to the state for ownership by the state.

AB75-ASA1, s. 2188h Section 2188h. 103.49 (2) of the statutes is amended to read:

AB75-ASA1,1167,23 103.49 (2) Prevailing wage rates and hours of labor. Any contract hereafter made for the erection, construction, remodeling, repairing, or demolition of any project of public works, except contracts for the construction or maintenance of public highways, streets, and bridges, 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 wherein such 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 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.

AB75-ASA1, s. 2188s Section 2188s. 103.49 (2m) (b) 3. of the statutes is created to read:

AB75-ASA1,1168,5 103.49 (2m) (b) 3. The laborer, worker, or mechanic is employed at a commercial establishment that regularly supplies plumbing systems, steam or hot water systems, sprinkler systems, mechanical systems, or pipework and is employed in the fabrication of those systems or that pipework for incorporation into a project of public works.

AB75-ASA1, s. 2188t Section 2188t. 103.49 (3) (a) of the statutes is amended to read:

AB75-ASA1,1168,21 103.49 (3) (a) Before bids are asked 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 project is located. 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 as to 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. 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 (6m) shall be kept posted by the state agency in at least one conspicuous and easily accessible place on the site of the project.

AB75-ASA1, s. 2189 Section 2189. 103.49 (3) (ar) of the statutes is amended to read:

AB75-ASA1,1169,3 103.49 (3) (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, 66.0904, 103.50, or 229.8275 or 40 USC 276a 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, 66.0904, 103.50, or 229.8275 or 40 USC 276a 3142.

AB75-ASA1, s. 2190d Section 2190d. 103.49 (3g) of the statutes is renumbered 103.49 (3g) (intro.) and amended to read:

AB75-ASA1,1169,7 103.49 (3g) Nonapplicability. (intro.) This section does not apply to any single-trade public works project of the following:

AB75-ASA1,1169,12 (a) A project of public works for which the estimated project cost of completion is less than $30,000 or an amount determined by the department under s. 66.0903 (5) or to any multiple-trade public works project for which the estimated project cost of completion is less than $150,000 or an amount determined by the department under s. 66.0903 (5) $25,000.

AB75-ASA1, s. 2190f Section 2190f. 103.49 (3g) (b) of the statutes is created to read:

AB75-ASA1,1169,15 103.49 (3g) (b) A project of public works in which the labor for the project is provided by unpaid volunteers.

AB75-ASA1, s. 2190h Section 2190h. 103.49 (3g) (c) of the statutes is created to read:

AB75-ASA1,1169,17 103.49 (3g) (c) Minor service, maintenance, or warranty work.

AB75-ASA1, s. 2191f Section 2191f. 103.49 (5) (am) of the statutes is created to read:

AB75-ASA1,1170,5 103.49 (5) (am) 1. Except as provided in this subdivision, by no later than the end of the first week of a month following a month in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project of public works that is subject to this section, the contractor, subcontractor, or agent shall submit to the department in an electronic format a certified record of the information specified in par. (a) for that preceding month. This requirement does not apply with respect to a person performing the work described in sub. (2m) who is covered under a collective bargaining agreement. In that case, the contractor, subcontractor, or agent shall submit to the department in an electronic format a copy of the collective bargaining agreement by no later than the end of the first week of the first month in which the contractor, subcontractor, or agent performs work on the project of public works.

AB75-ASA1,1170,13 2. The department shall post on its Internet site all certified records and collective bargaining agreements submitted to the department under subd. 1., except that the department may not post on that site the name of or any other personally identifiable information relating to any employee of a contractor, subcontractor, or agent that submits information to the department under subd. 1. In this subdivision, "personally identifiable information" does not include an employee's trade or occupation, his or her hours of work, or the wages paid for those hours worked.

AB75-ASA1, s. 2192 Section 2192. 103.49 (5) (c) of the statutes is amended to read:

AB75-ASA1,1171,8 103.49 (5) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project that is subject to this section to ensure compliance with this section. If In the case of a request made by a person performing the work specified in sub. (2m), if the department finds that the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is a person performing the work specified in sub. (2m) that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. If In the case of a request made by a person not performing the work specified in sub. (2m), if the department finds that the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is not a person performing the work specified in sub. (2m) that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed.

AB75-ASA1, s. 2193 Section 2193. 103.49 (6m) (d) of the statutes is amended to read:

AB75-ASA1,1171,15 103.49 (6m) (d) Whoever induces any person who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), 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 276c 3142.

AB75-ASA1, s. 2194 Section 2194. 103.49 (6m) (e) of the statutes is amended to read:

AB75-ASA1,1171,22 103.49 (6m) (e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), 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 276c 3142.

AB75-ASA1, s. 2196 Section 2196. 103.50 (4m) of the statutes is amended to read:

AB75-ASA1,1172,3 103.50 (4m) Wage rate data. In determining prevailing wage rates for projects that are subject to this section, the department shall use data from projects that are subject to this section, s. 66.0903, 66.0904, or 103.49 or 40 USC 276a 3142.

AB75-ASA1, s. 2197 Section 2197. 103.50 (7) (d) of the statutes is amended to read:

AB75-ASA1,1172,10 103.50 (7) (d) Whoever induces any person who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), 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 276c 3142.

AB75-ASA1, s. 2198 Section 2198. 103.50 (7) (e) of the statutes is amended to read:

AB75-ASA1,1172,17 103.50 (7) (e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), 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 276c 3142.

AB75-ASA1, s. 2199 Section 2199. 103.503 (title) of the statutes is amended to read:

AB75-ASA1,1172,20 103.503 (title) Substance abuse prevention on public works and publicly funded projects.

AB75-ASA1, s. 2200 Section 2200. 103.503 (1) (a) of the statutes is amended to read:

AB75-ASA1,1173,2 103.503 (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), 66.0904 (3), or 103.49 (2m) on a project.

AB75-ASA1, s. 2201 Section 2201. 103.503 (1) (c) of the statutes is amended to read:

AB75-ASA1,1173,7 103.503 (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 (1) (f), or an owner or developer under s. 66.0904 that has contracted for the performance of work on a project.

AB75-ASA1, s. 2202 Section 2202. 103.503 (1) (e) of the statutes is amended to read:

AB75-ASA1,1173,11 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project.

AB75-ASA1, s. 2203 Section 2203. 103.503 (1) (g) of the statutes is amended to read:

AB75-ASA1,1173,15 103.503 (1) (g) "Project" mean a project of public works that is subject to s. 66.0903 or 103.49 or a publicly funded private construction project that is subject to s. 66.0904.

AB75-ASA1, s. 2204 Section 2204. 103.503 (2) of the statutes is amended to read:

AB75-ASA1,1173,23 103.503 (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), 66.0904 (3), or 103.49 (2m) on a 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).

AB75-ASA1, s. 2205 Section 2205. 103.503 (3) (a) 2. of the statutes is amended to read:

AB75-ASA1,1174,7 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on a 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.

AB75-ASA1, s. 2206d Section 2206d. 103.805 (1) of the statutes is amended to read:

AB75-ASA1,1174,22 103.805 (1) The department or a permit officer shall fix and collect a reasonable fee based on the cost of issuance of collect a fee in the amount of $10 for issuing permits under ss. 103.25 and 103.71 and certificates of age under s. 103.75. The department may authorize the retention of the fees by the A person designated to issue permits and certificates of age as compensation for the person's services if the person who is not on the payroll of the division administering this chapter may retain $2.50 of that fee as compensation for the person's services and shall forward $7.50 of that fee to the department, which shall deposit that amount forwarded in the general fund and credit $5 of that amount forwarded to the appropriation account under s. 20.445 (1) (gk). A person designated to issue permits and certificates of age who is on the payroll of the division administering this chapter shall forward that fee to the department, which shall deposit that fee in the general fund and credit $5 of that fee to the appropriation account under s. 20.445 (1) (gk). The permit officer shall account for all fees collected as the department prescribes.

AB75-ASA1, s. 2207 Section 2207. 104.001 (3) (am) of the statutes is created to read:

AB75-ASA1,1175,2 104.001 (3) (am) The requirement that employees employed on a publicly funded private construction project for which a city, village, town, or county provides financial assistance, as defined in s. 66.0904 (1) (c), be paid at the prevailing wage rate, as defined in s. 66.0904 (1) (h), as required under s. 66.0904.

AB75-ASA1, s. 2207n Section 2207n. 106.04 of the statutes is created to read:

AB75-ASA1,1175,5 106.04 Employment of apprentices on state public works projects. (1) Definitions. In this section:

AB75-ASA1,1175,7 (a) "Apprenticeship trade trainer" means an employer whose apprenticeship training program has been approved by the department under sub. (3).

AB75-ASA1,1175,10 (b) "Employer" means a contractor, subcontractor, or agent of a contractor or subcontractor that employs 5 or more employees in trades that are apprenticeable under this subchapter.

AB75-ASA1,1175,12 (c) "New hire" means an apprentice or journeyman who is hired by an employer after the employer submits a bid to perform work on a project.

AB75-ASA1,1175,15 (d) "Project" means a project of public works that is subject to s. 103.49 or 103.50 in which work is performed by employees employed in trades that are apprenticeable under this subchapter.

AB75-ASA1,1175,18 (e) "Skilled workforce" means that portion of the workforce of an employer that consists of employees who are employed in trades that are apprenticeable under this subchapter.

AB75-ASA1,1175,21 (f) "Training ratio" means the ratio of apprentices to journeymen that may be employed by an employer in a given trade under standards adopted, recognized, or approved by the department.

AB75-ASA1,1175,25 (2) Employment of apprentices. (a) Subject to par. (b) and sub. (5), a state agency that enters into a contract for the performance of work on a project shall include in that contract a provision requiring that as a condition to performing that work an employer meet all of the following requirements:

AB75-ASA1,1176,3 1. Be approved as an apprenticeship trade trainer or have an application pending for that approval at the time the bid to perform work on the project is submitted.

AB75-ASA1,1176,5 2. Be certified as the sponsor of an acceptable apprenticeship program under sub. (4).

AB75-ASA1,1176,7 (b) Paragraph (a) does not require the employment of an apprentice if that employment would displace any journeyman employed on the project.

AB75-ASA1,1176,11 (c) A reference to the requirements under par. (a) shall be published in the notice issued for the purpose of securing bids for the project and shall be posted by the state agency in at least one conspicuous and easily accessible place on the site of the project.

AB75-ASA1,1176,19 (3) Apprenticeship training. Before submitting a bid to perform work on a project, an employer shall apply to the department for approval of the employer's apprenticeship training program. If the training program meets an acceptable quality of training, as determined by the department, the department shall approve that training program and certify the employer as an apprenticeship trade trainer. After certification, the department shall periodically review an apprenticeship trade trainer's apprentice training program to ensure that the trainer is meeting an acceptable quality of training.

AB75-ASA1,1177,7 (4) Acceptable apprenticeship program. (a) Before submitting a bid to perform work on a project, an employer shall submit information to the department showing that the employer's total skilled workforce meets any of the requirements specified in par. (b) 1. or 2. or, if the employer cannot meet any of those requirements, the employer shall make a commitment that the employer's skilled workforce for the project will meet any of the requirements specified in par. (c) 1., 2., or 3. If an employer's total skilled workforce or workforce for the project meets any of those requirements, the department shall certify that the employer is the sponsor of an acceptable apprenticeship program. A certification under par. (b) is valid for one year after the date of the certification. A certification under par. (c) is valid for the duration of the project, so long as the employer submits payrolls and other records and information to the department showing the employer's compliance with the commitment made under par. (c).

AB75-ASA1,1177,10 (b) The department shall certify that an employer is the sponsor of an acceptable apprenticeship program if at any time in the current or preceding year the employer employed any of the following:

AB75-ASA1,1177,12 1. The maximum number of apprentices allowed under the employer's training ratio for each trade employed by the employer.

AB75-ASA1,1177,17 2. In the case of an employer that is seeking certification to perform work on projects that are subject to s. 103.49, a skilled workforce in which not less than 10 percent of the employees are apprentices or, in the case of an employer seeking certification to perform work on projects that are subject to s. 103.50, a skilled workforce in which not less than 5 percent of the employees are apprentices.

AB75-ASA1,1177,20 (c) The department shall certify that an employer is the sponsor of an acceptable apprenticeship program for purposes of performing work on a particular project if the employer commits to employing on the project any of the following:

AB75-ASA1,1177,22 1. The maximum number of apprentices allowed under the employer's training ratio for each trade included in the bid to perform work on the project.

AB75-ASA1,1178,4 2. In the case of an employer that is seeking certification to perform work on a project that is subject to s. 103.49, a skilled workforce in which not less than 10 percent of the hours of work that will be performed on the site of the project will be performed by apprentices or, in the case of an employer seeking certification to perform work on a project that is subject to s. 103.50, a skilled workforce in which not less than 5 percent of the hours of work that will be performed on the site of the project will be performed by apprentices.

AB75-ASA1,1178,7 3. New hires so as to achieve the maximum number of apprentices allowed under the employer's training ratio for each trade included in the bid to perform work on the project.

AB75-ASA1,1178,14 (5) Exemptions and modifications. An employer may apply to the department for an exemption from or modification to the requirements under sub. (2) (a). A request for an exemption or modification shall include a showing of good cause why the employer cannot comply with those requirements. If the department finds good cause for an employer's inability to comply with those requirements, the department may grant the requested exemption or modification. Reasons for granting an exemption or modification include all of the following:

AB75-ASA1,1178,15 (a) A demonstrated lack of apprentices available in the area of the project.

AB75-ASA1,1178,17 (b) The unsuitability of the employer's apprenticeship training program for the project or the unavailability of that program at the site of the project.

AB75-ASA1,1178,19 (c) A disproportionately high ratio of material costs to labor hours on the project.

AB75-ASA1,1178,21 (d) A documented depression in the construction industry in the area of the project.

AB75-ASA1,1178,22 (e) Specific safety or certification considerations.

AB75-ASA1,1178,25 (f) The necessity of meeting any equal employment opportunity, affirmative action, or other workforce participation requirements under any federal, state, or local laws, regulations, rules, or ordinances.

AB75-ASA1,1179,11 (6) Compliance. (a) The department shall monitor compliance with this section. In monitoring that compliance the department shall also monitor the age, race, and sex of the apprentices employed by an employer performing work on a project and the hours worked by those apprentices. To that end, each employer performing work on a project shall keep copies of payrolls and other records and information as necessary for the department to perform that monitoring. The department may demand and examine, and each employer shall furnish upon request by the department, copies of those payrolls and other records and information. The department may inspect records in the manner provided in ch. 103. Every employer performing work on a project is subject to the requirements of ch. 103 relating to the examination of records.

AB75-ASA1,1179,20 (b) If an employer fails to meet the requirements of a contract under sub. (2) (a) implementing this section, the state agency that entered into the contract shall give the employer the opportunity to demonstrate that every good faith effort was made to meet the requirements of the contract. If the state agency determines that the employer is in compliance with the contract or has demonstrated that every good faith effort was made to meet those requirements, no further action shall be taken. If the state agency determines that the employer is not in compliance with the contract and has not demonstrated that every good faith effort was made to meet those requirements, the state agency shall bring an action for breach of contract.

AB75-ASA1,1179,23 (c) An employer is responsible only for its own compliance with the requirements of a contract under sub. (2) (a) and is not responsible for compliance with those requirements by any other employer.

AB75-ASA1,1179,25 (d) Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB75-ASA1,1180,3 (7) Construction. Nothing in this section shall be construed as creating any right, benefit, claim, or remedy enforceable against the state, any state agency, or any officer or employee of the state or of any state agency.

AB75-ASA1, s. 2207t Section 2207t. 106.30 of the statutes is created to read:

AB75-ASA1,1180,9 106.30 Nursing workforce survey and grant. (1) Definition. In this section, "nurse" means a registered nurse licensed under s. 441.06 or permitted under s. 441.08, a licensed practical nurse licensed or permitted under s. 441.10, an advanced practice nurse prescriber certified under s. 441.16 (2), or a nurse-midwife licensed under s. 441.15.