AB75-SSA1-SA1,87,220
103.49
(1) (am) "Bona fide economic benefit" means an economic benefit for
21which an employer makes irrevocable contributions to a trust or fund created under
2229 USC 186 (c) (9) or to any other plan, trust, program, or fund no less often than
23quarterly or, if an employer makes annual contributions to such a plan, trust,
1program, or fund, for which the employer irrevocably escrows moneys at least
2quarterly based on the employer's expected annual contribution.".
AB75-SSA1-SA1,87,135
103.49
(1) (a) "Area" means the county in which a proposed project
of public
6works that is subject to this section is located or, if the department determines that
7there is insufficient wage data in that county, "area" means those counties that are
8contiguous to that county or, if the department determines that there is insufficient
9wage data in those counties, "area" means those counties that are contiguous to those
10counties or, if the department determines that there is insufficient wage data in those
11counties, "area" means the entire state or, if the department is requested to review
12a determination under sub. (3) (c), "area" means the city, village
, or town in which
13a proposed project
of public works that is subject to this section is located.
AB75-SSA1-SA1,87,1715
103.49
(1) (bg) "Insufficient wage data" means less than 500 hours of work
16performed in a particular trade or occupation on projects that are similar to a
17proposed project
of public works that is subject to this section.
AB75-SSA1-SA1,87,2419
103.49
(1) (bj) "Minor service and maintenance work" means a project of public
20works that is limited to minor crack filling, chip or slurry sealing, or other minor
21pavement patching, not including overlays, that has a projected life span of no longer
22than 5 years cleaning of drainage or sewer ditches or structures; or any other limited,
23minor work on public facilities or equipment that is routinely performed to prevent
24breakdown or deterioration.".
AB75-SSA1-SA1,88,2
2"
Section 2187f. 103.49 (1) (d) 1. of the statutes is amended to read:
AB75-SSA1-SA1,88,93
103.49
(1) (d) 1. Except as provided in subd. 2., "prevailing wage rate" for any
4trade or occupation engaged in the erection, construction, remodeling, repairing
or,
5demolition
, or improvement of any project of public works in any area means the
6hourly basic rate of pay, plus the hourly contribution for health insurance benefits,
7vacation benefits, pension benefits
, and any other bona fide economic benefit, paid
8directly or indirectly for a majority of the hours worked in the trade or occupation on
9projects in the area.
AB75-SSA1-SA1,88,2011
103.49
(1) (d) 2. If there is no rate at which a majority of the hours worked in
12the trade or occupation on projects in the area is paid, "prevailing wage rate" for any
13trade or occupation engaged in the erection, construction, remodeling, repairing
or, 14demolition
, or improvement of any project of public works in any area means the
15average hourly basic rate of pay, weighted by the number of hours worked, plus the
16average hourly contribution, weighted by the number of hours worked, for health
17insurance benefits, vacation benefits, pension benefits
, and any other bona fide
18economic benefit, paid directly or indirectly for all hours worked at the hourly basic
19rate of pay of the highest-paid 51% of hours worked in that trade or occupation on
20projects in that area.
AB75-SSA1-SA1,89,222
103.49
(1) (dm) "Project of public works" means a project involving the erection,
23construction, repair, remodeling, demolition, or improvement, including any
1alteration, painting, decorating, or grading, of a public facility, including land, a
2building, or other infrastructure.".
AB75-SSA1-SA1,89,115
103.49
(1) (f) "State agency" means any office, department, independent
6agency, institution of higher education, association, society or other body in state
7government created or authorized to be created by the constitution or any law,
8including the legislature and the courts. "State agency" also includes
a state public
9body and corporate created by constitution, statute, rule, or order, including
10specifically the University of Wisconsin Hospitals and Clinics Authority, the Fox
11River Navigational System Authority, and the Wisconsin Aerospace Authority.
AB75-SSA1-SA1,89,1713
103.49
(1) (fm) "Supply and installation contract" means a contract under
14which the material is installed by the supplier, the material is installed by means of
15simple fasteners or connectors such as screws or nuts and bolts and no other work
16is performed on the site of the project of public works, and the total labor cost to
17install the material does not exceed 20 percent of the total cost of the contract.".
AB75-SSA1-SA1,89,23
21"(a) A project erected, constructed, repaired, remodeled, demolished, or
22improved by one state agency for another state agency under any contract or under
23any statute specifically authorizing cooperation between state agencies.".
AB75-SSA1-SA1,89,25
1"(b) A project in which the completed facility is leased,".
AB75-SSA1-SA1,90,4
2328. Page 1166, line 21: delete "construction of the building" and substitute
3"erection, construction, repair, remodeling, demolition, or improvement of the
4facility".
AB75-SSA1-SA1,90,7
7"(c) A "sanitary sewer".
AB75-SSA1-SA1,90,10
8330. Page 1166, line 23: delete that line and substitute "sanitary sewer or
9water main is acquired by, or dedicated to, the state for ownership or maintenance
10by".
AB75-SSA1-SA1,90,1716
103.49
(2m) (a) 1. All laborers, workers, mechanics
, and truck drivers
17employed on the site of a project
of public works that is subject to this section.
AB75-SSA1-SA1,90,2419
103.49
(2m) (a) 2. All laborers, workers, mechanics
, and truck drivers
20employed in the manufacturing or furnishing of materials, articles, supplies
, or
21equipment on the site of a project
of public works that is subject to this section or from
22a facility dedicated exclusively, or nearly so, to a project
of public works that is subject
23to this section by a contractor, subcontractor, agent
, or other person performing any
24work on the site of the project.
AB75-SSA1-SA1,91,82
103.49
(2m) (b) 1. The laborer, worker, mechanic
, or truck driver is employed
3to go to the source of mineral aggregate such as sand, gravel
, or stone that is to be
4immediately incorporated into the work, and not stockpiled or further transported
5by truck, pick up that mineral aggregate
, and deliver that mineral aggregate to the
6site of a project
of public works that is subject to this section by depositing the
7material substantially in place, directly or through spreaders from the transporting
8vehicle.
AB75-SSA1-SA1,91,1310
103.49
(2m) (b) 2. The laborer, worker, mechanic
, or truck driver is employed
11to go to the site of a project that is subject to this section, pick up excavated material
12or spoil from the site of the project
of public works and transport that excavated
13material or spoil away from the site of the project.".
AB75-SSA1-SA1,92,321
103.49
(3) (am) The department shall, by January 1 of each year, compile the
22prevailing wage rates for each trade or occupation in each area. The compilation
23shall, in addition to the current prevailing wage rates, include future prevailing
24wage rates when those prevailing wage rates can be determined for any trade or
1occupation in any area and shall specify the effective date of those future prevailing
2wage rates. If a
construction project
of public works extends into more than one area
3there shall be but one standard of prevailing wage rates for the entire project.".
AB75-SSA1-SA1,92,196
103.49
(3) (c) In addition to the recalculation under par. (b), the state agency
7that requested the determination under this subsection may request a review of any
8portion of a determination within 30 days after the date of issuance of the
9determination if the state agency submits evidence with the request showing that
10the prevailing wage rate for any given trade or occupation included in the
11determination does not represent the prevailing wage rate for that trade or
12occupation in the city, village
, or town in which the proposed project
of public works 13is located. That evidence shall include wage rate information for the contested trade
14or occupation on at least 3 similar projects located in the city, village
, or town where
15the proposed project
of public works is located on which some work has been
16performed during the current survey period and which were considered by the
17department in issuing its most recent compilation under par. (am). The department
18shall affirm or modify the determination within 15 days after the date on which the
19department receives the request for review.".
AB75-SSA1-SA1,92,2322
103.49
(3g) (c) Minor service or maintenance work, warranty work, or work
23under a supply and installation contract.
AB75-SSA1-SA1,93,6
1103.49
(4r) (b) Upon completion of a project
of public works and before
2receiving final payment for his or her work on the project, each agent or
3subcontractor shall furnish the contractor with an affidavit stating that the agent
4or subcontractor has complied fully with the requirements of this section. A
5contractor may not authorize final payment until the affidavit is filed in proper form
6and order.
AB75-SSA1-SA1,93,218
103.49
(4r) (c) Upon completion of a project
of public works and before receiving
9final payment for his or her work on the project, each contractor shall file with the
10state agency authorizing the work an affidavit stating that the contractor has
11complied fully with the requirements of this section and that the contractor has
12received an affidavit under par. (b) from each of the contractor's agents and
13subcontractors. A state agency may not authorize a final payment until the affidavit
14is filed in proper form and order. If a state agency authorizes a final payment before
15an affidavit is filed in proper form and order or if the department determines, based
16on the greater weight of the credible evidence, that any person performing the work
17specified in sub. (2m) has been or may have been paid less than the prevailing wage
18rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess
19of the prevailing hours of labor and requests that the state agency withhold all or part
20of the final payment, but the state agency fails to do so, the state agency is liable for
21all back wages payable up to the amount of the final payment.
AB75-SSA1-SA1,94,323
103.49
(5) (a) Each contractor, subcontractor
, or contractor's or subcontractor's
24agent performing work on a project
of public works that is subject to this section shall
25keep full and accurate records clearly indicating the name and trade or occupation
1of every person performing the work described in sub. (2m) and an accurate record
2of the number of hours worked by each of those persons and the actual wages paid
3for the hours worked.".
AB75-SSA1-SA1,94,9
4340. Page 1169, line 25: delete the material beginning with that line and
5ending with page 1170, line 1, and substitute "apply to a contractor, subcontractor,
6or agent if all persons employed by the contractor, subcontractor, or agent who are
7performing the work described in sub. (2m) are covered under a collective bargaining
8agreement and the wage rates for those persons under the collective bargaining
9agreement are not less than the prevailing wage rate. In that case, the contractor,".
AB75-SSA1-SA1,94,12
10341. Page 1170, line 3: delete "the collective bargaining agreement" and
11substitute "all collective bargaining agreements that are pertinent to the project of
12public works".
AB75-SSA1-SA1,95,215
103.49
(5) (b) It shall be the duty of the department to enforce this section. To
16this end it may demand and examine, and every contractor, subcontractor, and
17contractor's and subcontractor's agent shall keep, and furnish upon request by the
18department, copies of payrolls and other records and information relating to the
19wages paid to persons performing the work described in sub. (2m) for work to which
20this section applies. The department may inspect records in the manner provided
21in this chapter. Every contractor, subcontractor, or agent performing work on a
22project
of public works that is subject to this section is subject to the requirements
23of this chapter relating to the examination of records. Section 111.322 (2m) applies
1to discharge and other discriminatory acts arising in connection with any proceeding
2under this section.".
AB75-SSA1-SA1,95,6
5"
Section 2192e. 103.49 (6m) (a) of the statutes is renumbered 103.49 (6m)
6(am).
AB75-SSA1-SA1,95,148
103.49
(6m) (ag) 1. Any contractor, subcontractor, or contractor's or
9subcontractor's agent who fails to pay the prevailing wage rate determined by the
10department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
11pay for all hours worked in excess of the prevailing hours of labor is liable to any
12affected employee in the amount of his or her unpaid wages or his or her unpaid
13overtime compensation and in an additional amount as liquidated damages as
14provided in subd. 2., 3., or 4., whichever is applicable.
AB75-SSA1-SA1,95,2315
2. If the department determines upon inspection under sub. (5) (b) or (c) that
16a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
17the prevailing wage rate determined by the department under sub. (3) or has paid
18less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
19prevailing hours of labor, the department shall order the contractor to pay to any
20affected employee the amount of his or her unpaid wages or his or her unpaid
21overtime compensation and an additional amount equal to 100 percent of the amount
22of those unpaid wages or that unpaid overtime compensation as liquidated damages
23within a period specified by the department in the order.
AB75-SSA1-SA1,96,13
13. In addition to or in lieu of recovering the liability specified in subd. 1. as
2provided in subd. 2., any employee for and in behalf of that employee and other
3employees similarly situated may commence an action to recover that liability in any
4court of competent jurisdiction. In an action that is commenced before the end of any
5period specified by the department under subd. 2., if the court finds that a contractor,
6subcontractor, or contractor's or subcontractor's agent has failed to pay the
7prevailing wage rate determined by the department under sub. (3) or has paid less
8than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
9prevailing hours of labor, the court shall order the contractor, subcontractor, or agent
10to pay to any affected employee the amount of his or her unpaid wages or his or her
11unpaid overtime compensation and an additional amount equal to 100 percent of the
12amount of those unpaid wages or that unpaid overtime compensation as liquidated
13damages.
AB75-SSA1-SA1,96,2214
4. In an action that is commenced after the end of any period specified by the
15department under subd. 2., if the court finds that a contractor, subcontractor, or
16contractor's or subcontractor's agent has failed to pay the prevailing wage rate
17determined by the department under sub. (3) or has paid less than 1.5 times the
18hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
19the court shall order the contractor, subcontractor, or agent to pay to any affected
20employee the amount of his or her unpaid wages or his or her unpaid overtime
21compensation and an additional amount equal to 200 percent of the amount of those
22unpaid wages or that unpaid overtime compensation as liquidated damages.
AB75-SSA1-SA1,97,223
5. No employee may be a party plaintiff to an action under subd. 3. or 4. unless
24the employee consents in writing to become a party and the consent is filed in the
25court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall,
1in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
2and costs to be paid by the defendant.".
AB75-SSA1-SA1,97,125
103.49
(6m) (b) Whoever induces any person who seeks to be or is employed on
6any project
of public works that is subject to this section to give up, waive
, or return
7any part of the wages to which the person is entitled under the contract governing
8the project, or who reduces the hourly basic rate of pay normally paid to a person for
9work on a project that is not subject to this section during a week in which the person
10works both on a project
of public works that is subject to this section and on a project
11that is not subject to this section, by threat not to employ, by threat of dismissal from
12employment
, or by any other means is guilty of an offense under s. 946.15 (1).
AB75-SSA1-SA1,97,2314
103.49
(6m) (c) Any person employed on a project
of public works that is subject
15to this section who knowingly permits a contractor, subcontractor
, or contractor's or
16subcontractor's agent to pay him or her less than the prevailing wage rate set forth
17in the contract governing the project, who gives up, waives
, or returns any part of the
18compensation to which he or she is entitled under the contract, or who gives up,
19waives
, or returns any part of the compensation to which he or she is normally
20entitled for work on a project that is not subject to this section during a week in which
21the person works both on a project
of public works that is subject to this section and
22on a project that is not subject to this section, is guilty of an offense under s. 946.15
23(2).".
AB75-SSA1-SA1,98,64
103.49
(6m) (f) Paragraph
(a) (am) does not apply to any person who fails to
5provide any information to the department to assist the department in determining
6prevailing wage rates under sub. (3) (a) or (am).".
AB75-SSA1-SA1,98,179
103.49
(7) (d) Any person submitting a bid on a project
of public works that is
10subject to this section shall, on the date the person submits the bid, identify any
11construction business in which the person, or a shareholder, officer
, or partner of the
12person, if the person is a business, owns, or has owned at least a 25% interest on the
13date the person submits the bid or at any other time within 3 years preceding the date
14the person submits the bid, if the business has been found to have failed to pay the
15prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
16the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
17labor.".
