AB75-SSA1-SA1,44,14
14"(c) A project in which the completed facility is leased,".
AB75-SSA1-SA1,44,20
18189. Page 700, line 16: delete that line and substitute "road, street, bridge,
19sanitary sewer, or water main is acquired by, or dedicated to, a local governmental
20unit, including".
AB75-SSA1-SA1,45,164
66.0903
(3) (am) A local governmental unit, before making a contract
by direct
5negotiation or soliciting bids on a contract
, for the erection, construction, remodeling,
6repairing
or, demolition
, or improvement of any project of public works,
including a
7highway, street or bridge construction project, shall apply to the department to
8determine the prevailing wage rate for each trade or occupation required in the work
9contemplated under contemplation in the area in which the work is to be done. The
10department shall conduct investigations and hold public hearings as necessary to
11define the trades or occupations that are commonly employed on projects
of public
12works that are subject to this section and to inform itself as to the prevailing wage
13rates in all areas of the state for those trades or occupations, in order to determine
14the prevailing wage rate for each trade or occupation. The department shall issue
15its determination within 30 days after receiving the request and shall file the
16determination with the requesting local governmental unit.
AB75-SSA1-SA1,45,2418
66.0903
(3) (ar) The department shall, by January 1 of each year, compile the
19prevailing wage rates for each trade or occupation in each area. The compilation
20shall, in addition to the current prevailing wage rates, include future prevailing
21wage rates when those prevailing wage rates can be determined for any trade or
22occupation in any area and shall specify the effective date of those future prevailing
23wage rates. If a
construction project
of public works extends into more than one area
24there shall be but one standard of prevailing wage rates for the entire project.".
AB75-SSA1-SA1,46,185
66.0903
(3) (br) In addition to the recalculation under par. (bm), the local
6governmental unit that requested the determination under this subsection may
7request a review of any portion of a determination within 30 days after the date of
8issuance of the determination if the local governmental unit submits evidence with
9the request showing that the prevailing wage rate for any given trade or occupation
10included in the determination does not represent the prevailing wage rate for that
11trade or occupation in the city, village
, or town in which the proposed project
of public
12works is located. That evidence shall include wage rate information for the contested
13trade or occupation on at least 3 similar projects located in the city, village
, or town
14where the proposed project
of public works is located and on which some work has
15been performed during the current survey period and which were considered by the
16department in issuing its most recent compilation under par. (ar). The department
17shall affirm or modify the determination within 15 days after the date on which the
18department receives the request for review.".
AB75-SSA1-SA1,46,2322
66.0903
(4) (a) 1. All laborers, workers, mechanics
, and truck drivers employed
23on the site of a project
of public works that is subject to this section.
AB75-SSA1-SA1,47,6
166.0903
(4) (a) 2. All laborers, workers, mechanics
, and truck drivers employed
2in the manufacturing or furnishing of materials, articles, supplies
, or equipment on
3the site of a project
of public works that is subject to this section or from a facility
4dedicated exclusively, or nearly so, to a project
of public works that is subject to this
5section by a contractor, subcontractor, agent
, or other person performing any work
6on the site of the project.
AB75-SSA1-SA1,47,148
66.0903
(4) (b) 1. The laborer, worker, mechanic, or truck driver is employed
9to go to the source of mineral aggregate such as sand, gravel
, or stone that is to be
10immediately incorporated into the work, and not stockpiled or further transported
11by truck, pick up that mineral aggregate
, and deliver that mineral aggregate to the
12site of a project
of public works that is subject to this section by depositing the
13material substantially in place, directly or through spreaders from the transporting
14vehicle.
AB75-SSA1-SA1,47,1916
66.0903
(4) (b) 2. The laborer, worker, mechanic
, or truck driver is employed
17to go to the site of a project
of public works that is subject to this section, pick up
18excavated material or spoil from the site of the project
, and transport that excavated
19material or spoil away from the site of the project.".
AB75-SSA1-SA1,47,2423
66.0903
(5) (c) Minor service or maintenance work, warranty work, or work
24under a supply and installation contract.
AB75-SSA1-SA1,48,82
66.0903
(8) Posting. For the information of the employees working on the
3project
of public works, the prevailing wage rates determined by the department or
4exempted local governmental unit, the prevailing hours of labor
, and the provisions
5of subs. (10) (a) and (11) (a) shall be kept posted by the local governmental unit in at
6least one conspicuous and easily accessible place on the site of the project or, if there
7is no common site on the project, at the place normally used by the local
8governmental unit to post public notices.
AB75-SSA1-SA1,48,1510
66.0903
(9) (b) Upon completion of a project
of public works and before
11receiving final payment for his or her work on the project, each agent or
12subcontractor shall furnish the contractor with an affidavit stating that the agent
13or subcontractor has complied fully with the requirements of this section. A
14contractor may not authorize final payment until the affidavit is filed in proper form
15and order.
AB75-SSA1-SA1,49,617
66.0903
(9) (c) Upon completion of a project
of public works and before receiving
18final payment for his or her work on the project, each contractor shall file with the
19local governmental unit authorizing the work an affidavit stating that the contractor
20has complied fully with the requirements of this section and that the contractor has
21received an affidavit under par. (b) from each of the contractor's agents and
22subcontractors. A local governmental unit may not authorize a final payment until
23the affidavit is filed in proper form and order. If a local governmental unit authorizes
24a final payment before an affidavit is filed in proper form and order or if the
25department determines, based on the greater weight of the credible evidence, that
1any person performing the work specified in sub. (4) has been or may have been paid
2less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay
3for all hours worked in excess of the prevailing hours of labor and requests that the
4local governmental unit withhold all or part of the final payment, but the local
5governmental unit fails to do so, the local governmental unit is liable for all back
6wages payable up to the amount of the final payment.
AB75-SSA1-SA1,49,138
66.0903
(10) (a) Each contractor, subcontractor
, or contractor's or
9subcontractor's agent performing work on a project
of public works that is subject to
10this section shall keep full and accurate records clearly indicating the name and
11trade or occupation of every person performing the work described in sub. (4) and an
12accurate record of the number of hours worked by each of those persons and the
13actual wages paid for the hours worked.".
AB75-SSA1-SA1,49,19
14198. Page 703, line 16: delete lines 16 and 17 and substitute "apply to a
15contractor, subcontractor, or agent if all persons employed by the contractor,
16subcontractor, or agent who are performing the work described in sub. (4) are covered
17under a collective bargaining agreement and the wage rates for those persons under
18the collective bargaining agreement are not less than the prevailing wage rate. In
19that case, the contractor,".
AB75-SSA1-SA1,49,22
20199. Page 703, line 19: delete "the collective bargaining agreement" and
21substitute "all collective bargaining agreements that are pertinent to the project of
22public works".
AB75-SSA1-SA1,50,9
166.0903
(10) (b) The department or the contracting local governmental unit
2may demand and examine, and every contractor, subcontractor
, and contractor's or
3subcontractor's agent shall keep, and furnish upon request by the department or
4local governmental unit, copies of payrolls and other records and information
5relating to the wages paid to persons performing the work described in sub. (4) for
6work to which this section applies. The department may inspect records in the
7manner provided in ch. 103. Every contractor, subcontractor
, or agent performing
8work on a project
of public works that is subject to this section is subject to the
9requirements of ch. 103 relating to the examination of records.".
AB75-SSA1-SA1,50,13
12"
Section 1484f. 66.0903 (11) (a) of the statutes is renumbered 66.0903 (11) (a)
131. and amended to read:
AB75-SSA1-SA1,50,2114
66.0903
(11) (a) 1. Any contractor, subcontractor
, or contractor's or
15subcontractor's agent who fails to pay the prevailing wage rate determined by the
16department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
17pay for all hours worked in excess of the prevailing hours of labor is liable to any
18affected employee in the amount of his or her unpaid wages or his or her unpaid
19overtime compensation and in an additional
equal amount as liquidated damages
.
20An action to recover the liability may be maintained in any court of competent
21jurisdiction by any as provided under subd. 2., 3., or 4., whichever is applicable.
AB75-SSA1-SA1,51,10
223. In addition to or in lieu of recovering the liability specified in subd. 1. as
23provided in subd. 2., any employee for and in behalf of that employee and other
24employees similarly situated
. may commence an action to recover that liability in
1any court of competent jurisdiction. In an action that is commenced before the end
2of any period specified by the department under subd. 2., if the court finds that a
3contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
4the prevailing wage rate determined by the department under sub. (3) or has paid
5less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
6prevailing hours of labor, the court shall order the contractor, subcontractor, or agent
7to pay to any affected employee the amount of his or her unpaid wages or his or her
8unpaid overtime compensation and an additional amount equal to 100 percent of the
9amount of those unpaid wages or that unpaid overtime compensation as liquidated
10damages.
AB75-SSA1-SA1,51,15
115. No employee may be a party plaintiff to
the an action
under subd. 3. or 4. 12unless the employee consents in writing to become a party and the consent is filed
13in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court
14shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney
15fees and costs to be paid by the defendant.
AB75-SSA1-SA1,51,2517
66.0903 (11) (a) 2. If the department determines upon inspection under sub.
18(10) (b) or (c) that a contractor, subcontractor, or contractor's or subcontractor's agent
19has failed to pay the prevailing wage rate determined by the department under sub.
20(3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked
21in excess of the prevailing hours of labor, the department shall order the contractor
22to pay to any affected employee the amount of his or her unpaid wages or his or her
23unpaid overtime compensation and an additional amount equal to 100 percent of the
24amount of those unpaid wages or that unpaid overtime compensation as liquidated
25damages within a period specified by the department in the order.
AB75-SSA1-SA1,52,112
66.0903 (11) (a) 4. In an action that is commenced after the end of any period
3specified by the department under subd. 2., if the court finds that a contractor,
4subcontractor, or contractor's or subcontractor's agent has failed to pay the
5prevailing wage rate determined by the department under sub. (3) or has paid less
6than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
7prevailing hours of labor, the court shall order the contractor, subcontractor, or agent
8to pay to any affected employee the amount of his or her unpaid wages or his or her
9unpaid overtime compensation and an additional amount equal to 200 percent of the
10amount of those unpaid wages or that unpaid overtime compensation as liquidated
11damages.".
AB75-SSA1-SA1,52,2214
66.0903
(11) (b) 2. Whoever induces any person who seeks to be or is employed
15on any project
of public works that is subject to this section to give up, waive
, or
16return any part of the wages to which the person is entitled under the contract
17governing the project, or who reduces the hourly basic rate of pay normally paid to
18a person for work on a project that is not subject to this section during a week in which
19the person works both on a project
of public works that is subject to this section and
20on a project that is not subject to this section, by threat not to employ, by threat of
21dismissal from employment
, or by any other means is guilty of an offense under s.
22946.15 (1).
AB75-SSA1-SA1,53,10
166.0903
(11) (b) 3. Any person employed on a project
of public works that is
2subject to this section who knowingly permits a contractor, subcontractor
, or
3contractor's or subcontractor's agent to pay him or her less than the prevailing wage
4rate set forth in the contract governing the project, who gives up, waives
, or returns
5any part of the compensation to which he or she is entitled under the contract, or who
6gives up, waives
, or returns any part of the compensation to which he or she is
7normally entitled for work on a project that is not subject to this section during a
8week in which the person works both on a project
of public works that is subject to
9this section and on a project that is not subject to this section, is guilty of an offense
10under s. 946.15 (2).".
AB75-SSA1-SA1,53,2415
66.0903
(12) (d) Any person submitting a bid or negotiating a contract on a
16project
of public works that is subject to this section shall, on the date the person
17submits the bid or negotiates the contract, identify any construction business in
18which the person, or a shareholder, officer or partner of the person, if the person is
19a business, owns, or has owned at least a 25% interest on the date the person submits
20the bid or negotiates the contract or at any other time within 3 years preceding the
21date the person submits the bid or negotiates the contract, if the business has been
22found to have failed to pay the prevailing wage rate determined under sub. (3) or to
23have paid less than 1.5 times the hourly basic rate of pay for all hours worked in
24excess of the prevailing hours of labor.".
AB75-SSA1-SA1,54,3
2"(am) "Bona fide economic benefit" has the meaning given in s. 103.49 (1)
3(am).".
AB75-SSA1-SA1,54,12
5"(c) "Direct financial assistance" means moneys, in the form of a grant or other
6agreement or included as part of a contract, cooperative agreement, or any other
7arrangement, including a redevelopment agreement under s. 66.1333 (5), economic
8development agreement, contract under s. 66.1105 (3), or assistance provided under
9s. 66.1109, that a local governmental unit directly provides or otherwise directly
10makes available to assist in the erection, construction, repair, remodeling,
11demolition, or improvement of a private facility. "Direct financial assistance" does
12not include any of the following:
AB75-SSA1-SA1,54,1613
1. A public works contract, a supply procurement contract, a contract of
14insurance or guaranty, a collective bargaining agreement, or any other contract
15under which moneys are not directly provided or otherwise directly made available
16for that assistance.
AB75-SSA1-SA1,54,2417
2. Any moneys allocated by the city of Milwaukee for the purchase of public
18access easements that are located entirely in the Milwaukee Riverwalk Site Plan
19Review Overlay District established by the city of Milwaukee, as amended to June
201, 2009, or for the construction of dockwalls, walkways, plazas, parks, private
21roadways open to the public, or similar improvements, or for any other public
22infrastructure improvements, that are located entirely in that district, if the work
23on those improvements is subject to s. 66.0903 or is exempted from that section under
24s. 66.0903 (6).".
AB75-SSA1-SA1,55,8
2"(fm) "Minor service and maintenance work" means a publicly funded private
3construction project that is limited to minor crack filling, chip or slurry sealing, or
4other minor pavement patching, not including overlays, that has a projected life span
5of no longer than 5 years; the depositing of gravel on an existing gravel road applied
6solely to maintain the road; road shoulder maintenance; cleaning of drainage or
7sewer ditches or structures; or any other limited, minor work on private facilities or
8equipment that is routinely performed to prevent breakdown or deterioration.".
AB75-SSA1-SA1,55,20
15"(i) "Publicly funded private construction project" means a construction project
16in which the developer, investor, or owner of the project receives direct financial
17assistance from a local governmental unit for the erection, construction, repair,
18remodeling, demolition, or improvement, including any alteration, painting,
19decorating, or grading, of a private facility, including land, a building, or other
20infrastructure.".
AB75-SSA1-SA1,56,7
2"(im) "Supply and installation contract" means a contract under which the
3material is installed by the supplier, the material is installed by means of simple
4fasteners or connectors such as screws or nuts and bolts and no other work is
5performed on the site of the publicly funded private construction project, and the
6total labor cost to install the material does not exceed 20 percent of the total cost of
7the contract.".
AB75-SSA1-SA1,56,12
10220. Page 709, line 9: delete "section." and substitute "section in the
11performance of erection, construction, remodeling, repair, demolition, or
12improvement activities for which direct financial assistance is received.".
AB75-SSA1-SA1,56,21
20"(c) Minor service or maintenance work, warranty work, or work under a supply
21and installation contract.".
