AB75-SSA1-CA1,74,4
23353. Page 703, line 16: delete lines 16 and 17 and substitute "apply to a
24contractor, subcontractor, or agent if all persons employed by the contractor,
1subcontractor, or agent who are performing the work described in sub. (4) are covered
2under a collective bargaining agreement and the wage rates for those persons under
3the collective bargaining agreement are not less than the prevailing wage rate. In
4that case, the contractor,".
AB75-SSA1-CA1,74,7
5354. Page 703, line 19: delete "the collective bargaining agreement" and
6substitute "all collective bargaining agreements that are pertinent to the project of
7public works".
AB75-SSA1-CA1,74,1810
66.0903
(10) (b) The department or the contracting local governmental unit
11may demand and examine, and every contractor, subcontractor
, and contractor's or
12subcontractor's agent shall keep, and furnish upon request by the department or
13local governmental unit, copies of payrolls and other records and information
14relating to the wages paid to persons performing the work described in sub. (4) for
15work to which this section applies. The department may inspect records in the
16manner provided in ch. 103. Every contractor, subcontractor
, or agent performing
17work on a project
of public works that is subject to this section is subject to the
18requirements of ch. 103 relating to the examination of records.".
AB75-SSA1-CA1,74,22
21"
Section 1484f. 66.0903 (11) (a) of the statutes is renumbered 66.0903 (11) (a)
221. and amended to read:
AB75-SSA1-CA1,75,623
66.0903
(11) (a) 1. Any contractor, subcontractor
, or contractor's or
24subcontractor's agent who fails to pay the prevailing wage rate determined by the
1department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
2pay for all hours worked in excess of the prevailing hours of labor is liable to any
3affected employee in the amount of his or her unpaid wages or his or her unpaid
4overtime compensation and in an additional
equal amount as liquidated damages
.
5An action to recover the liability may be maintained in any court of competent
6jurisdiction by any as provided under subd. 2., 3., or 4., whichever is applicable.
AB75-SSA1-CA1,75,19
73. In addition to or in lieu of recovering the liability specified in subd. 1. as
8provided in subd. 2., any employee for and in behalf of that employee and other
9employees similarly situated
. may commence an action to recover that liability in
10any court of competent jurisdiction. In an action that is commenced before the end
11of any period specified by the department under subd. 2., if the court finds that a
12contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
13the prevailing wage rate determined by the department under sub. (3) or has paid
14less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
15prevailing hours of labor, the court shall order the contractor, subcontractor, or agent
16to pay to any affected employee the amount of his or her unpaid wages or his or her
17unpaid overtime compensation and an additional amount equal to 100 percent of the
18amount of those unpaid wages or that unpaid overtime compensation as liquidated
19damages.
AB75-SSA1-CA1,75,24
205. No employee may be a party plaintiff to
the an action
under subd. 3. or 4. 21unless the employee consents in writing to become a party and the consent is filed
22in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court
23shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney
24fees and costs to be paid by the defendant.
AB75-SSA1-CA1,76,9
166.0903 (11) (a) 2. If the department determines upon inspection under sub.
2(10) (b) or (c) that a contractor, subcontractor, or contractor's or subcontractor's agent
3has failed to pay the prevailing wage rate determined by the department under sub.
4(3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked
5in excess of the prevailing hours of labor, the department shall order the contractor
6to pay to any affected employee the amount of his or her unpaid wages or his or her
7unpaid overtime compensation and an additional amount equal to 100 percent of the
8amount of those unpaid wages or that unpaid overtime compensation as liquidated
9damages within a period specified by the department in the order.
AB75-SSA1-CA1,76,2011
66.0903 (11) (a) 4. In an action that is commenced after the end of any period
12specified by the department under subd. 2., if the court finds that a contractor,
13subcontractor, or contractor's or subcontractor's agent has failed to pay the
14prevailing wage rate determined by the department under sub. (3) or has paid less
15than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
16prevailing hours of labor, the court shall order the contractor, subcontractor, or agent
17to pay to any affected employee the amount of his or her unpaid wages or his or her
18unpaid overtime compensation and an additional amount equal to 200 percent of the
19amount of those unpaid wages or that unpaid overtime compensation as liquidated
20damages.".
AB75-SSA1-CA1,77,723
66.0903
(11) (b) 2. Whoever induces any person who seeks to be or is employed
24on any project
of public works that is subject to this section to give up, waive
, or
1return any part of the wages to which the person is entitled under the contract
2governing the project, or who reduces the hourly basic rate of pay normally paid to
3a person for work on a project that is not subject to this section during a week in which
4the person works both on a project
of public works that is subject to this section and
5on a project that is not subject to this section, by threat not to employ, by threat of
6dismissal from employment
, or by any other means is guilty of an offense under s.
7946.15 (1).
AB75-SSA1-CA1,77,189
66.0903
(11) (b) 3. Any person employed on a project
of public works that is
10subject to this section who knowingly permits a contractor, subcontractor
, or
11contractor's or subcontractor's agent to pay him or her less than the prevailing wage
12rate set forth in the contract governing the project, who gives up, waives
, or returns
13any part of the compensation to which he or she is entitled under the contract, or who
14gives up, waives
, or returns any part of the compensation to which he or she is
15normally entitled for work on a project that is not subject to this section during a
16week in which the person works both on a project
of public works that is subject to
17this section and on a project that is not subject to this section, is guilty of an offense
18under s. 946.15 (2).".
AB75-SSA1-CA1,78,823
66.0903
(12) (d) Any person submitting a bid or negotiating a contract on a
24project
of public works that is subject to this section shall, on the date the person
1submits the bid or negotiates the contract, identify any construction business in
2which the person, or a shareholder, officer or partner of the person, if the person is
3a business, owns, or has owned at least a 25% interest on the date the person submits
4the bid or negotiates the contract or at any other time within 3 years preceding the
5date the person submits the bid or negotiates the contract, if the business has been
6found to have failed to pay the prevailing wage rate determined under sub. (3) or to
7have paid less than 1.5 times the hourly basic rate of pay for all hours worked in
8excess of the prevailing hours of labor.".
AB75-SSA1-CA1,78,11
10"(am) "Bona fide economic benefit" has the meaning given in s. 103.49 (1)
11(am).".
AB75-SSA1-CA1,78,20
13"(c) "Direct financial assistance" means moneys, in the form of a grant or other
14agreement or included as part of a contract, cooperative agreement, or any other
15arrangement, including a redevelopment agreement under s. 66.1333 (5), economic
16development agreement, contract under s. 66.1105 (3), or assistance provided under
17s. 66.1109, that a local governmental unit directly provides or otherwise directly
18makes available to assist in the erection, construction, repair, remodeling,
19demolition, or improvement of a private facility. "Direct financial assistance" does
20not include any of the following:
AB75-SSA1-CA1,78,2421
1. A public works contract, a supply procurement contract, a contract of
22insurance or guaranty, a collective bargaining agreement, or any other contract
23under which moneys are not directly provided or otherwise directly made available
24for that assistance.
AB75-SSA1-CA1,79,8
12. Any moneys allocated by the city of Milwaukee for the purchase of public
2access easements that are located entirely in the Milwaukee Riverwalk Site Plan
3Review Overlay District established by the city of Milwaukee, as amended to June
41, 2009, or for the construction of dockwalls, walkways, plazas, parks, private
5roadways open to the public, or similar improvements, or for any other public
6infrastructure improvements, that are located entirely in that district, if the work
7on those improvements is subject to s. 66.0903 or is exempted from that section under
8s. 66.0903 (6).".
AB75-SSA1-CA1,79,16
10"(fm) "Minor service and maintenance work" means a publicly funded private
11construction project that is limited to minor crack filling, chip or slurry sealing, or
12other minor pavement patching, not including overlays, that has a projected life span
13of no longer than 5 years; the depositing of gravel on an existing gravel road applied
14solely to maintain the road; road shoulder maintenance; cleaning of drainage or
15sewer ditches or structures; or any other limited, minor work on private facilities or
16equipment that is routinely performed to prevent breakdown or deterioration.".
AB75-SSA1-CA1,80,6
1"(i) "Publicly funded private construction project" means a construction project
2in which the developer, investor, or owner of the project receives direct financial
3assistance from a local governmental unit for the erection, construction, repair,
4remodeling, demolition, or improvement, including any alteration, painting,
5decorating, or grading, of a private facility, including land, a building, or other
6infrastructure.".
AB75-SSA1-CA1,80,16
11"(im) "Supply and installation contract" means a contract under which the
12material is installed by the supplier, the material is installed by means of simple
13fasteners or connectors such as screws or nuts and bolts and no other work is
14performed on the site of the publicly funded private construction project, and the
15total labor cost to install the material does not exceed 20 percent of the total cost of
16the contract.".
AB75-SSA1-CA1,80,21
19375. Page 709, line 9: delete "section." and substitute "section in the
20performance of erection, construction, remodeling, repair, demolition, or
21improvement activities for which direct financial assistance is received.".
AB75-SSA1-CA1,81,6
5"(c) Minor service or maintenance work, warranty work, or work under a supply
6and installation contract.".
AB75-SSA1-CA1,81,12
7381. Page 715, line 1: delete lines 1 and 2 and substitute "apply to a
8contractor, subcontractor, or agent if all persons employed by the contractor,
9subcontractor, or agent who are performing the work described in sub. (3) are covered
10under a collective bargaining agreement and the wage rates for those persons under
11the collective bargaining agreement are not less than the prevailing wage rate. In
12that case, the contractor,".
AB75-SSA1-CA1,81,14
13382. Page 715, line 4: delete "the collective bargaining agreement" and
14substitute "all collective bargaining agreements that are pertinent to the project".
AB75-SSA1-CA1,81,23
17"
(9) Liability and penalties. (a) 1. Any contractor, subcontractor, or
18contractor's or subcontractor's agent who fails to pay the prevailing wage rate
19determined by the department under sub. (4) or who pays less than 1.5 times the
20hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
21is liable to any affected employee in the amount of his or her unpaid wages or his or
22her unpaid overtime compensation and in an additional amount as liquidated
23damages as provided in subd. 2., 3., or 4., whichever is applicable.
AB75-SSA1-CA1,82,9
12. If the department determines upon inspection under sub. (8) (b) or (c) that
2a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
3the prevailing wage rate determined by the department under sub. (4) or has paid
4less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
5prevailing hours of labor, the department shall order the contractor to pay to any
6affected employee the amount of his or her unpaid wages or his or her unpaid
7overtime compensation and an additional amount equal to 100 percent of the amount
8of those unpaid wages or that unpaid overtime compensation as liquidated damages
9within a period specified by the department in the order.
AB75-SSA1-CA1,82,2210
3. In addition to or in lieu of recovering the liability specified in subd. 1. as
11provided in subd. 2., any employee for and in behalf of that employee and other
12employees similarly situated may commence an action to recover that liability in any
13court of competent jurisdiction. In an action that is commenced before the end of any
14period specified by the department under subd. 2., if the court finds that a contractor,
15subcontractor, or contractor's or subcontractor's agent has failed to pay the
16prevailing wage rate determined by the department under sub. (4) or has paid less
17than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
18prevailing hours of labor, the court shall order the contractor, subcontractor, or agent
19to pay to any affected employee the amount of his or her unpaid wages or his or her
20unpaid overtime compensation and an additional amount equal to 100 percent of the
21amount of those unpaid wages or that unpaid overtime compensation as liquidated
22damages.
AB75-SSA1-CA1,83,623
4. In an action that is commenced after the end of any period specified by the
24department under subd. 2., if the court finds that a contractor, subcontractor, or
25contractor's or subcontractor's agent has failed to pay the prevailing wage rate
1determined by the department under sub. (4) or has paid less than 1.5 times the
2hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
3the court shall order the contractor, subcontractor, or agent to pay to any affected
4employee the amount of his or her unpaid wages or his or her unpaid overtime
5compensation and an additional amount equal to 200 percent of the amount of those
6unpaid wages or that unpaid overtime compensation as liquidated damages.
AB75-SSA1-CA1,83,117
5. No employee may be a party plaintiff to an action under subd. 3. or 4. unless
8the employee consents in writing to become a party and the consent is filed in the
9court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall,
10in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
11and costs to be paid by the defendant.".
AB75-SSA1-CA1,83,19
1866.1038 Milwaukee Transit Authority. (1) Definitions. In this section,
19"authority" means the Milwaukee Transit Authority created under this section.
AB75-SSA1-CA1,83,24
20(2) Creation. (a) There is created a Milwaukee Transit Authority, a public body
21corporate and politic and a separate governmental entity. The authority may
22transact business and exercise any powers granted to it under this section. The
23jurisdictional area of this authority is the geographic area formed by the territorial
24boundaries of Milwaukee County.
AB75-SSA1-CA1,84,2
1(b) The Milwaukee County board, by resolution by a majority vote, may
2authorize Milwaukee County to be a member of the authority.
AB75-SSA1-CA1,84,8
3(3) Governance. (a) The powers of the authority shall be vested in its board
4of directors. Directors shall be appointed for 2-year terms. A majority of the board
5of directors' full authorized membership constitutes a quorum for the purpose of
6conducting the authority's business and exercising its powers. Action may be taken
7by the board of directors upon a vote of a majority of the directors present and voting,
8unless the bylaws of the authority require a larger number.
AB75-SSA1-CA1,84,99
(b) The board of directors of the authority consists of the following members:
AB75-SSA1-CA1,84,1110
1. Three members from Milwaukee County who are elected county officials,
11appointed by the Milwaukee County board chairperson.
AB75-SSA1-CA1,84,1312
2. Two members from the city of Milwaukee who are elected city officials,
13appointed by the mayor of the city of Milwaukee.
AB75-SSA1-CA1,84,1414
3. Two members from Milwaukee County, appointed by the governor.
AB75-SSA1-CA1,84,1615
(c) The bylaws of the authority shall govern its management, operations, and
16administration, consistent with the provisions of this section.
AB75-SSA1-CA1,84,25
17(4) Powers. (a) Notwithstanding s. 59.84 (2) and any other provision of this
18chapter or ch. 59 or 85, but subject to sub. (5), the authority may contract with
19Milwaukee County for the authority's provision of transit services within Milwaukee
20County if the contract is a long-term and ongoing contract. The authority shall have
21all powers necessary and convenient to carry out this purpose. Both the authority
22and Milwaukee County shall provide copies of all of their annual and long-term
23transit plans to the southeastern regional transit authority as these plans become
24available. The authority's powers shall be limited to those specified in this
25subsection and sub. (5).
AB75-SSA1-CA1,85,2
1(5) Receipt of tax revenues. (a) Subject to par. (b), the authority may receive
2the tax revenues authorized under s. 77.70 (2).
AB75-SSA1-CA1,85,43
(b) Milwaukee County may impose the taxes under s. 77.70 (2) if all of the
4following apply:
AB75-SSA1-CA1,85,65
1. The Milwaukee County board adopts a resolution under sub. (2) (b) to become
6a member of the authority.
AB75-SSA1-CA1,85,87
2. The Milwaukee County board contracts with the authority for the authority
8to provide transit services in Milwaukee County.
AB75-SSA1-CA1,85,14
9(6) Budgets; revenues; audit. The board of directors of the authority shall
10annually prepare a budget for the authority. Revenues of the authority shall be used
11only for the expenses and specific purposes of the authority. The authority shall
12maintain an accounting system in accordance with generally accepted accounting
13principles and shall have its financial statements audited annually by an
14independent certified public accountant.
AB75-SSA1-CA1,85,19
15(7) O
ther statutes. This section does not limit the powers of political
16subdivisions to enter into intergovernmental cooperation or contracts or to establish
17separate legal entities under s. 66.0301 or 66.1021 or any other applicable law, or
18otherwise to carry out their powers under applicable statutory provisions. Section
1966.0803 (2) does not apply to the authority.".
AB75-SSA1-CA1,86,7
1"(c)
Chippewa Valley regional transit authority. 1. The Chippewa Valley
2regional transit authority, a public body corporate and politic and a separate
3governmental entity, is created if the governing body of Eau Claire County adopts a
4resolution authorizing the county to become a member of the authority and the
5resolution is ratified by the electors at a referendum held in Eau Claire County. Once
6created, this authority may transact business and exercise any powers granted to it
7under this section.
AB75-SSA1-CA1,86,98
2. If an authority is created under subd. 1., any municipality located in whole
9or in part within Eau Claire County shall be a member of the authority.
AB75-SSA1-CA1,86,1310
3. After an authority is created under subd. 1., Chippewa County may join the
11authority created under subd. 1. if the governing body of Chippewa County adopts
12a resolution to join the authority and the resolution is ratified by the electors at a
13referendum held in Chippewa County.
AB75-SSA1-CA1,86,1614
4. If Chippewa County joins an authority as provided in subd. 3., any
15municipality located in whole or in part within Chippewa County shall be a member
16of the authority.
AB75-SSA1-CA1,86,2017
5. The jurisdictional area of the authority created under this subsection is the
18territorial boundaries of Eau Claire County or, if Chippewa County also joins the
19authority as provided in subd. 3., the combined territorial boundaries of Eau Claire
20County and Chippewa County.".