Amendment CA1-SSA1-AB75

AB75-SSA1-CA1, s. 2190n Section 2190n. 103.49 (4r) (b) of the statutes is amended to read:

AB75-SSA1-CA1,146,21 103.49 (4r) (b) Upon completion of a project of public works and before receiving final payment for his or her work on the project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until the affidavit is filed in proper form and order.

AB75-SSA1-CA1, s. 2190p Section 2190p. 103.49 (4r) (c) of the statutes is amended to read:

AB75-SSA1-CA1,147,12 103.49 (4r) (c) Upon completion of a project of public works and before receiving final payment for his or her work on the project, each contractor shall file with the state agency authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. A state agency may not authorize a final payment until the affidavit is filed in proper form and order. If a state agency authorizes a final payment before an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person performing the work specified in sub. (2m) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the state agency withhold all or part of the final payment, but the state agency fails to do so, the state agency is liable for all back wages payable up to the amount of the final payment.

AB75-SSA1-CA1, s. 2191d Section 2191d. 103.49 (5) (a) of the statutes is amended to read:

AB75-SSA1-CA1,147,19 103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project of public works that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (2m) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked.".

AB75-SSA1-CA1,148,2 628. Page 1169, line 25: delete the material beginning with that line and ending with page 1170, line 1, and substitute "apply to a contractor, subcontractor, or agent if all persons employed by the contractor, subcontractor, or agent who are performing the work described in sub. (2m) are covered under a collective bargaining agreement and the wage rates for those persons under the collective bargaining agreement are not less than the prevailing wage rate. In that case, the contractor,".

AB75-SSA1-CA1,148,5 629. Page 1170, line 3: delete "the collective bargaining agreement" and substitute "all collective bargaining agreements that are pertinent to the project of public works".

AB75-SSA1-CA1,148,6 630. Page 1170, line 13: after that line insert:

AB75-SSA1-CA1,148,7 " Section 2191h. 103.49 (5) (b) of the statutes is amended to read:

AB75-SSA1-CA1,148,18 103.49 (5) (b) It shall be the duty of the department to enforce this section. To this end it may demand and examine, and every contractor, subcontractor, and contractor's and subcontractor's agent shall keep, and furnish upon request by the department, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (2m) for work to which this section applies. The department may inspect records in the manner provided in this chapter. Every contractor, subcontractor, or agent performing work on a project of public works that is subject to this section is subject to the requirements of this chapter relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.".

AB75-SSA1-CA1,148,19 631. Page 1170, line 17: after "project" insert "of public works".

AB75-SSA1-CA1,148,20 632. Page 1171, line 8: after that line insert:

AB75-SSA1-CA1,148,22 " Section 2192e. 103.49 (6m) (a) of the statutes is renumbered 103.49 (6m) (am).

AB75-SSA1-CA1, s. 2192f Section 2192f. 103.49 (6m) (ag) of the statutes is created to read:

AB75-SSA1-CA1,149,7 103.49 (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., 3., or 4., whichever is applicable.

AB75-SSA1-CA1,149,16 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.

AB75-SSA1-CA1,150,4 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. In an action that is commenced before the end of any period specified by the department under subd. 2., 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.

AB75-SSA1-CA1,150,13 4. In an action that is commenced after the end of any period specified by the department under subd. 2., 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 200 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages.

AB75-SSA1-CA1,150,18 5. No employee may be a party plaintiff to an action under subd. 3. or 4. unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.".

AB75-SSA1-CA1,150,19 633. Page 1171, line 8: after that line insert:

AB75-SSA1-CA1,150,20 " Section 2192p. 103.49 (6m) (b) of the statutes is amended to read:

AB75-SSA1-CA1,151,4 103.49 (6m) (b) Whoever induces any person who seeks to be or is employed on any project of public works that is subject to this section to give up, waive, or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this section during a week in which the person works both on a project of public works that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment, or by any other means is guilty of an offense under s. 946.15 (1).

AB75-SSA1-CA1, s. 2192r Section 2192r. 103.49 (6m) (c) of the statutes is amended to read:

AB75-SSA1-CA1,151,15 103.49 (6m) (c) Any person employed on a project of public works that is subject to this section who knowingly permits a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives, or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives, or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project of public works that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).".

AB75-SSA1-CA1,151,16 634. Page 1171, line 11: after "project" insert "of public works".

AB75-SSA1-CA1,151,17 635. Page 1171, line 17: after "project" insert "of public works".

AB75-SSA1-CA1,151,18 636. Page 1171, line 22: after that line insert:

AB75-SSA1-CA1,151,19 " Section 2194g. 103.49 (6m) (f) of the statutes is amended to read:

AB75-SSA1-CA1,151,22 103.49 (6m) (f) Paragraph (a) (am) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) (a) or (am).".

AB75-SSA1-CA1,151,23 637. Page 1171, line 22: after that line insert:

AB75-SSA1-CA1,151,24 " Section 2194j. 103.49 (7) (d) of the statutes is amended to read:

AB75-SSA1-CA1,152,9 103.49 (7) (d) Any person submitting a bid on a project of public works that is subject to this section shall, on the date the person submits the bid, identify any construction business in which the person, or a shareholder, officer , or partner of the person, if the person is a business, owns, or has owned at least a 25% interest on the date the person submits the bid or at any other time within 3 years preceding the date the person submits the bid, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.".

AB75-SSA1-CA1,152,10 638. Page 1174, line 25: after "provides" insert "direct".

AB75-SSA1-CA1,152,11 639. Page 1175, line 6: delete lines 6 and 7.

AB75-SSA1-CA1,152,12 640. Page 1175, line 11: delete lines 11 and 12.

AB75-SSA1-CA1,152,14 641. Page 1175, line 16: delete the material beginning with that line and ending with page 1180, line 3, and substitute:

AB75-SSA1-CA1,153,2 "(2) Apprenticeship reports. (a) By no later than 15 days after the end of a month in which an employer performs work on a project, the employer shall submit to the department in an electronic format a report of the daily number of employees employed by the employer on the project in trades that are apprenticeable under this subchapter, the daily number of apprentices employed on the project, the race, sex, and average age of those apprentices, and the daily number of hours worked by those apprentices. The department shall post on its Internet site a running summary of those reports summarizing for each month the total number of employees employed on projects in this state in trades that are apprenticeable under this subchapter, the total number of apprentices employed on those projects, the race, sex, and average age of those apprentices, and the total number of hours worked by those apprentices.

AB75-SSA1-CA1,153,10 (b) The department shall grant an employer a total grace period of not more than 10 days in each calendar year for submitting the reports under par. (a). All projects on which an employer performs work during a calendar year, whether as a contractor, subcontractor, or agent of a contractor or subcontractor, are subject to a single grace period under this paragraph. If an employer exceeds that grace period, the employer shall forfeit, for each project on which the employer performs work during the calendar year, $1,000 for each day by which the employer exceeds the grace period.

AB75-SSA1-CA1,153,15 (3) Waiver. If the department grants an exception or modification to any requirement in any contract for the performance of work on a project relating to the employment and training of apprentices, the department shall post that information on its Internet site, together with a detailed explanation of why the exception or modification was granted.

AB75-SSA1-CA1,153,24 (4) Debarment. (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies a list of all persons whom the department has found to have exceeded the grace period under sub. (2) (b) at any time in the preceding 3 years. The department shall include with any name the address of the person and shall specify when the person exceeded the grace period under sub. (2) (b). A state agency may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date on which the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

AB75-SSA1-CA1,154,3 (b) The department may not include in a notification under par. (a) the name of any person on the basis of having let work to a person whom the department has found to have exceeded the grace period under sub. (2) (b).

AB75-SSA1-CA1,154,8 (c) This subsection does not apply to any contractor, subcontractor, or agent who in good faith on no more than 2 occasions in the same calendar year commits a minor violation of sub. (2) (b), as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or who has not exhausted or waived all appeals.

AB75-SSA1-CA1,154,15 (d) Any person submitting a bid on a project that is subject to this section shall, on the date on which the person submits the bid, identify any construction business in which the person, or a shareholder, officer, or partner of the person, if the person is a business, owns, or has owned at least a 25 percent interest on the date on which the person submits the bid or at any other time within 3 years preceding the date on which the person submits the bid, if the business has been found to have exceeded the grace period under sub. (2) (b).

AB75-SSA1-CA1,154,16 (e) The department shall promulgate rules to administer this subsection.".

AB75-SSA1-CA1,154,20 642. Page 1188, line 13: after "violation." insert "The department shall promulgate rules defining what constitutes a willful misclassification of an employee as a nonemployee for purposes of this section and of ss. 102.07 (8) (d) and 108.24 (2m).".

AB75-SSA1-CA1,154,21 643. Page 1189, line 20: after that line insert:

AB75-SSA1-CA1,154,22 " Section 2223m. 111.70 (1) (j) of the statutes is amended to read:

AB75-SSA1-CA1,155,6 111.70 (1) (j) "Municipal employer" means any city, county, village, town, metropolitan sewerage district, school district, long-term care district, transit authority under s. 59.58 (7), 66.1038, or 66.1039, or any other political subdivision of the state, or instrumentality of one or more political subdivisions of the state, that engages the services of an employee and includes any person acting on behalf of a municipal employer within the scope of the person's authority, express or implied, but specifically does not include a local cultural arts district created under subch. V of ch. 229.".

AB75-SSA1-CA1,155,7 644. Page 1189, line 22: delete lines 22 to 25 and substitute:

AB75-SSA1-CA1,155,8 " Section 2225. 111.70 (1) (ne) of the statutes is amended to read:

AB75-SSA1-CA1,155,11 111.70 (1) (ne) "School district professional employee" means a municipal employee who is a professional employee and who is employed to perform services for a school district.

AB75-SSA1-CA1, s. 2225f Section 2225f. 111.70 (3) (a) 4. of the statutes is amended to read:

AB75-SSA1-CA1,156,6 111.70 (3) (a) 4. To refuse to bargain collectively with a representative of a majority of its employees in an appropriate collective bargaining unit. Such refusal shall include action by the employer to issue or seek to obtain contracts, including those provided for by statute, with individuals in the collective bargaining unit while collective bargaining, mediation or fact-finding concerning the terms and conditions of a new collective bargaining agreement is in progress, unless such individual contracts contain express language providing that the contract is subject to amendment by a subsequent collective bargaining agreement. Where the employer has a good faith doubt as to whether a labor organization claiming the support of a majority of its employees in an appropriate bargaining unit does in fact have that support, it may file with the commission a petition requesting an election to that claim. An employer shall not be deemed to have refused to bargain until an election has been held and the results thereof certified to the employer by the commission. The violation shall include, though not be limited thereby, to the refusal to execute a collective bargaining agreement previously agreed upon. The term of any collective bargaining agreement covering municipal employees who are not school district employees shall not exceed 3 years, and the term of any collective bargaining agreement covering school district employees shall not exceed 4 years.".

AB75-SSA1-CA1,156,8 645. Page 1190, line 20: delete the material beginning with that line and ending with page 1192, line 18, and substitute:

AB75-SSA1-CA1,156,9 " Section 2227. 111.70 (4) (cm) 5s. of the statutes is repealed.".

AB75-SSA1-CA1,156,10 646. Page 1198, line 14: delete lines 14 to 18.

AB75-SSA1-CA1,156,11 647. Page 1199, line 1: delete lines 1 to 24 and substitute:

AB75-SSA1-CA1,156,12 " Section 2242s. 111.81 (17m) of the statutes is created to read:

AB75-SSA1-CA1,156,19 111.81 (17m) "Research assistant" means a graduate student enrolled in the University of Wisconsin System who is receiving a stipend to conduct research that is primarily for the benefit of the student's own learning and research and which is independent or self-directed, but does not include students provided fellowships, scholarships, or traineeships which are distributed through other titles such as advanced opportunity fellow, fellow, scholar, or trainee, and does not include students with either an F-1 or a J-1 visa issued by the federal department of state.".

AB75-SSA1-CA1,156,20 648. Page 1201, line 10: delete lines 10 to 19 and substitute:

AB75-SSA1-CA1,156,21 " Section 2243d. 111.825 (2) (g) of the statutes is created to read:

AB75-SSA1-CA1,156,23 111.825 (2) (g) Research assistants of the University of Wisconsin-Madison and University of Wisconsin-Extension.

AB75-SSA1-CA1, s. 2243p Section 2243p. 111.825 (2) (h) of the statutes is created to read:

AB75-SSA1-CA1,156,25 111.825 (2) (h) Research assistants of the University of Wisconsin-Milwaukee.

AB75-SSA1-CA1, s. 2243t Section 2243t. 111.825 (2) (i) of the statutes is created to read:

AB75-SSA1-CA1,157,5 111.825 (2) (i) Research assistants of the Universities of Wisconsin-Eau Claire, Green Bay, La Crosse, Oshkosh, Parkside, Platteville, River Falls, Stevens Point, Stout, Superior, and Whitewater.".

AB75-SSA1-CA1,157,6 649. Page 1205, line 7: delete "632.895 (14m)" and substitute "632.885".

AB75-SSA1-CA1,157,8 650. Page 1205, line 10: delete "The requirement to make retention" and substitute "Retention".

AB75-SSA1-CA1,157,9 651. Page 1205, line 11: delete "the requirement to make".

AB75-SSA1-CA1,157,10 652. Page 1206, line 22: after that line insert:

AB75-SSA1-CA1,157,11 " Section 2254L. 111.935 of the statutes is created to read:

AB75-SSA1-CA1,157,14 111.935 Representatives and elections for research assistants. (1) In this section, "authorization card" means a signed card that employees complete to indicate their preferences regarding collective bargaining.

AB75-SSA1-CA1,157,21 (2) Notwithstanding s. 111.83 (2), the commission shall establish a procedure whereby research assistants may determine whether to form themselves into collective bargaining units under s. 111.825 (2) (g), (h), or (i) by authorization cards in lieu of secret ballot. The procedure shall provide that once a majority of research assistants have indicated their preference on the authorization cards to form themselves into a collective bargaining unit, the collective bargaining unit is established.

AB75-SSA1-CA1,157,23 (3) Notwithstanding ss. 111.825 (4) and 111.83 (3), all of the following shall apply:

AB75-SSA1-CA1,158,3 (a) The initial representative of the employees in the collective bargaining unit under s. 111.825 (2) (g) is the representative of the employees in the collective bargaining unit under s. 111.825 (2) (a).

AB75-SSA1-CA1,158,6 (b) The initial representative of the employees in the collective bargaining unit under s. 111.825 (2) (h) is the representative of the employees in the collective bargaining unit under s. 111.825 (2) (b).

AB75-SSA1-CA1,158,12 (c) The initial representative of the employees in the collective bargaining unit under s. 111.825 (2) (i) is either the representative of the employees in the collective bargaining unit under s. 111.825 (2) (a) or the representative of the employees in the collective bargaining unit under s. 111.825 (2) (b). The commission shall establish a procedure for selecting the representative by authorization cards in lieu of secret ballot.".

AB75-SSA1-CA1,158,14 653. Page 1232, line 24: delete the material beginning with that line and ending with page 1233, line 5.

AB75-SSA1-CA1,158,15 654. Page 1233, line 5: after that line insert:

AB75-SSA1-CA1,158,16 " Section 2255m. 115.28 (52) of the statutes is amended to read:

AB75-SSA1-CA1,158,22 115.28 (52) Adult literacy grants. From the appropriation under s. 20.255 (3) (b), award grants to nonprofit organizations, as defined in s. 108.02 (19), to support programs that train community-based adult literacy staff and to establish new volunteer-based programs in areas of this state that have a demonstrated need for adult literacy services. No grant may exceed $10,000, and no organization may receive more than one grant in any fiscal year.".

AB75-SSA1-CA1,158,23 655. Page 1234, line 2: after that line insert:

AB75-SSA1-CA1,159,2 " Section 2256t. 115.436 (3) (a) (intro.), 1. and 2. of the statutes are consolidated, renumbered 115.436 (3) (a) and amended to read:

AB75-SSA1-CA1,159,12 115.436 (3) (a) Beginning in the 2008-09 2009-10 school year, from the appropriation under s. 20.255 (2) (ae) and subject to par. (b), the department shall pay to each school district eligible for sparsity aid the following amount from the appropriation under s. 20.255 (2) (ae), subject to par. (b): 1. If less than 50 percent of the school district's membership in the previous school year was eligible for a free or reduced-price lunch under 42 USC 1758 (b), $150 multiplied by the membership in the previous school year. 2. If 50 percent or more of the school district's membership in the previous school year was eligible for a free or reduced-price lunch under 42 USC 1758 (b), $300 multiplied by the membership in the previous school year.".

AB75-SSA1-CA1,159,13 656. Page 1235, line 24: delete lines 24 and 25.

AB75-SSA1-CA1,159,14 657. Page 1236, line 1: delete lines 1 to 7.

AB75-SSA1-CA1,159,15 658. Page 1236, line 8: delete lines 8 to 11.

AB75-SSA1-CA1,159,18 659. Page 1238, line 16: delete that line and substitute "department will adopt or approve substantially redesigned examinations under sub. (1) to be initially".