1. Provides that DOA or DOT must conduct an investigation to determine
compliance with the prevailing wage law upon request, but only if the requestor is
a person who is an employee performing work on a prevailing wage project. Current
law requires such an inspection on the request of any person.
2. Requires a person not employed by DOA, DOT, or DWD or by a contracting
state agency who contacts an employee performing work on a project for the purpose
of investigating compliance with the prevailing wage law to provide a written
statement to the employee stating that the person is not affiliated with DOA, DOT,
or DWD or the contracting state agency and disclosing the principal source of funding
for the investigation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB32-ASA1,1
1Section
1. 16.856 of the statutes is created to read:
AB32-ASA1,4,4
216.856 Prevailing wage. (1) (f) "Prevailing wage rate" means the applicable
3prevailing wage rate for an area, as determined by the U.S. department of labor
4under
40 USC 3142.
AB32-ASA1,5,4
5(5) Disclosure. If a person who is not an employee of the department or the
6contracting state agency or who is not an employee of the department of workforce
7development conducting an investigation under s. 109.09 contacts an employee
8performing the work described in sub. (2m) for the purpose of investigating
1compliance with this section, the person shall provide a written statement to the
2employee stating that the person is not affiliated with the department, the
3contracting state agency, or the department of workforce development and disclosing
4the principal source of funding for the investigation.
AB32-ASA1,5,7
5(7) Rules; enforcement. (a) The department shall promulgate any rules that
6the department determines are necessary to implement and ensure compliance with
7this section.
AB32-ASA1,5,118
(b) If requested by any person performing the work described in sub. (2m), the
9department shall inspect the payroll records of any contractor, subcontractor, or
10agent performing work on a project of public works that is subject to this section to
11ensure compliance with this section.
AB32-ASA1,5,1312
(c) Section 111.322 (2m) applies to discharge and other discriminatory acts
13arising in connection with any proceeding under this section.
AB32-ASA1,2
14Section
2. 19.36 (12) of the statutes is amended to read:
AB32-ASA1,5,2415
19.36
(12) Information relating to certain employees. Unless access is
16specifically authorized or required by statute, an authority
shall may not provide
17access to a record prepared or provided by an employer performing work on a project
18to which s.
66.0903, 103.49, or 103.50 16.856 or 84.062 applies, or on which the
19employer is otherwise required to pay prevailing wages, if that record contains the
20name or other personally identifiable information relating to an employee of that
21employer, unless the employee authorizes the authority to provide access to that
22information. In this subsection, "personally identifiable information" does not
23include an employee's work classification, hours of work, or wage or benefit payments
24received for work on such a project.
AB32-ASA1,3
25Section
3. 66.0129 (5) of the statutes is amended to read:
AB32-ASA1,6,5
166.0129
(5) Bids for construction. The nonprofit corporation shall let all
2contracts exceeding $1,000 for the construction, maintenance or repair of hospital
3facilities to the lowest responsible bidder after advertising for bids by the publication
4of a class 2 notice under ch. 985.
Sections
Section 66.0901
and 66.0903 apply applies 5to bids and contracts under this subsection.
AB32-ASA1,4
6Section
4. 66.0903 (title) of the statutes is repealed and recreated to read:
AB32-ASA1,6,7
766.0903 (title)
Prevailing wage.
AB32-ASA1,5
8Section
5. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the
9statutes are repealed.
AB32-ASA1,6
10Section
6. 66.0903 (1) (c) of the statutes is amended to read:
AB32-ASA1,6,1211
66.0903
(1) (c) "Hourly basic rate of pay" has the meaning given in s.
103.49 1216.856 (1) (b).
AB32-ASA1,7
13Section
7. 66.0903 (1) (f) of the statutes is amended to read:
AB32-ASA1,6,1514
66.0903
(1) (f) "Prevailing hours of labor" has the meaning given in s.
103.49 1516.856 (1)
(c) (e).
AB32-ASA1,8
16Section
8. 66.0903 (1) (g) of the statutes is repealed and recreated to read:
AB32-ASA1,6,1817
66.0903
(1) (g) "Prevailing wage rate" includes the meanings given under s.
1866.0903 (1) (g), 2013 stats., and s. 16.856 (1) (f).
AB32-ASA1,9
19Section
9. 66.0903 (1) (j) of the statutes is amended to read:
AB32-ASA1,6,2120
66.0903
(1) (j) "Truck driver" has the meaning given in s.
103.49 16.856 (1)
(g) 21(j).
AB32-ASA1,10
22Section
10. 66.0903 (1m) (a) (intro.) of the statutes is renumbered 66.0903 (1)
23(h) and amended to read:
AB32-ASA1,7,624
66.0903
(1) (h)
In this subsection, "
publicly "Publicly funded private
25construction project" means a construction project in which the developer, investor,
1or owner of the project receives direct financial assistance from a local governmental
2unit for the erection, construction, repair, remodeling, demolition, including any
3alteration, painting, decorating, or grading, of a private facility, including land, a
4building, or other infrastructure. "Publicly funded private construction project" does
5not include a project of public works
or a housing project involving the erection,
6construction, repair, remodeling, or demolition of any of the following:
.
AB32-ASA1,11
7Section
11. 66.0903 (1m) (a) 1. to 3. of the statutes are repealed.
AB32-ASA1,12
8Section
12. 66.0903 (1m) (b) of the statutes is amended to read:
AB32-ASA1,7,229
66.0903
(1m) (b) The legislature finds that the enactment of ordinances or
10other enactments by local governmental units requiring laborers, workers,
11mechanics, and truck drivers employed on projects of public works or on publicly
12funded private construction projects to be paid the prevailing wage rate and to be
13paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the
14prevailing hours of labor would be logically inconsistent with, would defeat the
15purpose of, and would go against the
spirit of this section and the repeal repeals of
16s. 66.0904, 2009 stats
, and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section
17shall be construed as an enactment of statewide concern for the
purpose of providing
18uniform prevailing wage rate and prevailing hours of labor requirements throughout
19the state purposes of facilitating broader participation with respect to bidding on
20projects of public works, ensuring that wages accurately reflect market conditions,
21providing local governments with the flexibility to reduce costs on capital projects,
22and reducing spending at all levels of government in this state.
AB32-ASA1,13
23Section
13. 66.0903 (2) to (12) of the statutes are repealed.
AB32-ASA1,14
24Section
14. 84.062 of the statutes is created to read:
AB32-ASA1,7,25
2584.062 Prevailing wage.
(1) Definitions. In this section:
AB32-ASA1,8,1
1(a) "Hourly basic rate of pay" has the meaning given in s. 16.856 (1) (b).
AB32-ASA1,8,22
(b) "Prevailing hours of labor" has the meaning given in s. 16.856 (1) (e).
AB32-ASA1,8,33
(c) "Prevailing wage rate" has the meaning given in s. 16.856 (1) (f).
AB32-ASA1,8,44
(d) "Truck driver" has the meaning given in s. 16.856 (1) (j).
AB32-ASA1,8,10
5(5) Disclosure. If a person who is not an employee of the department or the
6contracting state agency contacts an employee performing the work described in sub.
7(2m) for the purpose of investigating compliance with this section, the person shall
8provide a written statement to the employee stating that the person is not affiliated
9with the department or the contracting state agency and disclosing the principal
10source of funding for the investigation.
AB32-ASA1,15
11Section
15. 84.41 (3) of the statutes is amended to read:
AB32-ASA1,8,1612
84.41
(3) Employment regulations. Employment regulations set forth in s.
13103.50 84.062 pertaining to wages and hours shall apply to all projects constructed
14under s. 84.40 in the same manner as such laws apply to projects on other state
15highways. Where applicable, the federal wages and hours law known as the
16Davis-Bacon act shall apply.
AB32-ASA1,16
17Section
16. 103.005 (12) (a) of the statutes is amended to read:
AB32-ASA1,9,318
103.005
(12) (a) If any employer, employee, owner, or other person violates chs.
19103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106,
20within the time prescribed by the department, for which no penalty has been
21specifically provided, or fails, neglects or refuses to obey any lawful order given or
22made by the department or any judgment or decree made by any court in connection
23with chs. 103 to 106, for each such violation, failure or refusal, the employer,
24employee, owner or other person shall forfeit not less than $10 nor more than $100
25for each offense.
This paragraph does not apply to any person who fails to provide
1any information to the department to assist the department in determining
2prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or
3103.50 (3) or (4).
AB32-ASA1,17
4Section
17. 103.49 (title) of the statutes is repealed.
AB32-ASA1,18
5Section
18. 103.49 (1) (intro.), (am), (b), (bj), (br), (c), (em), (f), (fm) and (g), (1m)
6and (3g) of the statutes are renumbered 16.856 (1) (intro.), (a), (b), (c), (d), (e), (g), (h),
7(i) and (j), (1m) and (3g).
AB32-ASA1,19
8Section
19. 103.49 (1) (a), (bg) and (d) of the statutes are repealed.
AB32-ASA1,20
9Section
20. 103.49 (2) of the statutes is renumbered 16.856 (2) and amended
10to read:
AB32-ASA1,9,2511
16.856
(2) Prevailing wage rates and hours of labor. Any contract made for
12the erection, construction, remodeling, repairing, or demolition of any project of
13public works to which the state or any state agency is a party shall contain a
14stipulation that no person performing the work described in sub. (2m) may be
15permitted to work a greater number of hours per day or per week than the prevailing
16hours of labor, except that any such person may be permitted or required to work
17more than such prevailing hours of labor per day and per week if he or she is paid
18for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5
19times his or her hourly basic rate of pay; nor may he or she be paid less than the
20prevailing wage rate
determined under sub. (3) in the same or most similar trade or
21occupation in the area in which the project of public works is situated. A reference
22to the prevailing wage rates
determined under sub. (3) and the prevailing hours of
23labor shall be published in the notice issued for the purpose of securing bids for the
24project. If any contract or subcontract for a project of public works that is subject to
25this section is entered into, the prevailing wage rates
determined under sub. (3) and
1the prevailing hours of labor shall be physically incorporated into and made a part
2of the contract or subcontract, except that for a minor subcontract, as determined by
3the department, the department shall prescribe by rule the method of notifying the
4minor subcontractor of the prevailing wage rates and prevailing hours of labor
5applicable to the minor subcontract. The prevailing wage rates and prevailing hours
6of labor applicable to a contract or subcontract may not be changed during the time
7that the contract or subcontract is in force.
AB32-ASA1,21
8Section
21. 103.49 (2m) of the statutes is renumbered 16.856 (2m), and 16.856
9(2m) (a) (intro.) and (b), as renumbered, are amended to read:
AB32-ASA1,10,1410
16.856
(2m) (a) (intro.) Subject to par. (b), all of the following employees shall
11be paid the prevailing wage rate
determined under sub. (3) and may not be permitted
12to work a greater number of hours per day or per week than the prevailing hours of
13labor, unless they are paid for all hours worked in excess of the prevailing hours of
14labor at a rate of at least 1.5 times their hourly basic rate of pay:
AB32-ASA1,10,2315
(b) A laborer, worker, mechanic, or truck driver who is employed to process,
16manufacture, pick up, or deliver materials or products from a commercial
17establishment that has a fixed place of business from which the establishment
18supplies processed or manufactured materials or products or from a facility that is
19not dedicated exclusively, or nearly so, to a project of public works that is subject to
20this section
, including any of the following, is not entitled to receive the prevailing
21wage rate
determined under sub. (3) or to receive at least 1.5 times his or her hourly
22basic rate of pay for all hours worked in excess of the prevailing hours of labor
unless
23any of the following applies:
AB32-ASA1,11,324
1.
The A laborer, worker, mechanic, or truck driver
who is employed to go to the
25source of mineral aggregate such as sand, gravel, or stone and deliver that mineral
1aggregate to the site of a project of public works that is subject to this section
by
2depositing the material directly in final place, from the transporting vehicle or
3through spreaders from the transporting vehicle.
AB32-ASA1,11,74
2.
The A laborer, worker, mechanic, or truck driver
who is employed to go to the
5site of a project that is subject to this section, pick up excavated material or spoil from
6the site of the project of public works
, and transport that excavated material or spoil
7away from the site of the project.
AB32-ASA1,22
8Section
22. 103.49 (3), (4r) and (5) of the statutes are repealed.
AB32-ASA1,23
9Section
23. 103.49 (6m) (title) of the statutes is renumbered 16.856 (6m)
10(title).
AB32-ASA1,24
11Section
24. 103.49 (6m) (ag) of the statutes is renumbered 16.856 (6m) (ag),
12and 16.856 (6m) (ag) 1., 2. and 3., as renumbered, are amended to read:
AB32-ASA1,11,1913
16.856
(6m) (ag) 1. Any contractor, subcontractor, or contractor's or
14subcontractor's agent who fails to pay the prevailing wage rate
determined by the
15department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
16pay for all hours worked in excess of the prevailing hours of labor is liable to any
17affected employee in the amount of his or her unpaid wages or his or her unpaid
18overtime compensation
and in an additional amount as liquidated damages as
19provided in subd. 2. or 3., whichever is applicable.
AB32-ASA1,12,320
2. If the department determines
upon inspection under sub. (5) (b) or (c) that
21a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
22the prevailing wage rate
determined by the department under sub. (3) or has paid
23less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
24prevailing hours of labor, the department shall order the contractor to pay to any
25affected employee the amount of his or her unpaid wages or his or her unpaid
1overtime compensation
and an additional amount equal to 100 percent of the amount
2of those unpaid wages or that unpaid overtime compensation as liquidated damages 3within a period specified by the department in the order.
AB32-ASA1,12,144
3. In addition to or in lieu of recovering the liability specified in subd. 1. as
5provided in subd. 2., any employee for and in behalf of that employee and other
6employees similarly situated may commence an action to recover that liability in any
7court of competent jurisdiction. If the court finds that a contractor, subcontractor,
8or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
9determined by the department under sub. (3) or has paid less than 1.5 times the
10hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
11the court shall order the contractor, subcontractor, or agent to pay to any affected
12employee the amount of his or her unpaid wages or his or her unpaid overtime
13compensation
and an additional amount equal to 100 percent of the amount of those
14unpaid wages or that unpaid overtime compensation as liquidated damages.
AB32-ASA1,25
15Section
25. 103.49 (6m) (am) of the statutes is renumbered 16.856 (6m) (am)
16and amended to read:
AB32-ASA1,12,2017
16.856
(6m) (am) Except as provided in pars. (b)
, and (d)
and (f), any contractor,
18subcontractor or contractor's or subcontractor's agent who violates this section may
19be fined not more than $200 or imprisoned for not more than 6 months or both. Each
20day that a violation continues is a separate offense.
AB32-ASA1,26
21Section
26. 103.49 (6m) (b) to (e) of the statutes are renumbered 16.856 (6m)
22(b) to (e).
AB32-ASA1,27
23Section
27. 103.49 (6m) (f) of the statutes is repealed.
AB32-ASA1,28
24Section
28. 103.49 (7) of the statutes is repealed.
AB32-ASA1,29
25Section
29. 103.50 (title) and (1) of the statutes are repealed.
AB32-ASA1,30
1Section
30. 103.50 (2) of the statutes is renumbered 84.062 (2) and amended
2to read:
AB32-ASA1,13,133
84.062
(2) Prevailing wage rates and hours of labor. No person performing
4the work described in sub. (2m) in the employ of a contractor, subcontractor, agent
5or other person performing any work on a project under a contract based on bids as
6provided in s. 84.06 (2) to which the state is a party for the construction or
7improvement of any highway may be permitted to work a greater number of hours
8per day or per week than the prevailing hours of labor; nor may he or she be paid a
9lesser rate of wages than the prevailing wage rate in the area in which the work is
10to be done
determined under sub. (3); except that any such person may be permitted
11or required to work more than such prevailing hours of labor per day and per week
12if he or she is paid for all hours worked in excess of the prevailing hours of labor at
13a rate of at least 1.5 times his or her hourly basic rate of pay.
AB32-ASA1,31
14Section
31. 103.50 (2g) of the statutes is renumbered 84.062 (2g) and amended
15to read:
AB32-ASA1,13,2016
84.062
(2g) Nonapplicability. This section does not apply to a single-trade
17project of public works, as defined in s.
103.49
16.856 (1)
(em) (g), for which the
18estimated project cost of completion is less than $48,000 or a multiple-trade project
19of public works, as defined in s.
103.49
16.856 (1)
(br) (d), for which the estimated
20project cost of completion is less than $100,000.
AB32-ASA1,32
21Section
32. 103.50 (2m) of the statutes is renumbered 84.062 (2m), and 84.062
22(2m) (a) (intro.) and (b), as renumbered, are amended to read:
AB32-ASA1,14,223
84.062
(2m) (a) (intro.) Subject to par. (b), all of the following employees shall
24be paid the prevailing wage rate
determined under sub. (3) and may not be permitted
25to work a greater number of hours per day or per week than the prevailing hours of
1labor, unless they are paid for all hours worked in excess of the prevailing hours of
2labor at a rate of at least 1.5 times their hourly basic rate of pay:
AB32-ASA1,14,113
(b) A laborer, worker, mechanic, or truck driver who is employed to process,
4manufacture, pick up, or deliver materials or products from a commercial
5establishment that has a fixed place of business from which the establishment
6supplies processed or manufactured materials or products or from a facility that is
7not dedicated exclusively, or nearly so, to a project that is subject to this section
,
8including any of the following, is not entitled to receive the prevailing wage rate
9determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate
10of pay for all hours worked in excess of the prevailing hours of labor
unless any of the
11following applies:
AB32-ASA1,14,1612
1.
The A laborer, worker, mechanic or truck driver
who is employed to go to the
13source of mineral aggregate such as sand, gravel or stone and deliver that mineral
14aggregate to the site of a project that is subject to this section
by depositing the
15material directly in final place, from the transporting vehicle or through spreaders
16from the transporting vehicle.
AB32-ASA1,14,2017
2.
The A laborer, worker, mechanic or truck driver
who is employed to go to the
18site of a project that is subject to this section, pick up excavated material or spoil from
19the site of the project
, and transport that excavated material or spoil away from the
20site of the project and return to the site of the project.
AB32-ASA1,33
21Section
33. 103.50 (3) to (5) of the statutes are repealed.
AB32-ASA1,34
22Section
34. 103.50 (6) of the statutes is renumbered 84.062 (6) and amended
23to read:
AB32-ASA1,15,1524
84.062
(6) Contents of contracts
; notification. A reference to the prevailing
25wage rates
determined under sub. (3) and the prevailing hours of labor shall be
1published in the notice issued for the purpose of securing bids for a project. If any
2contract or subcontract for a project that is subject to this section is entered into, the
3prevailing wage rates
determined under sub. (3) and the prevailing hours of labor
4shall be physically incorporated into and made a part of the contract or subcontract,
5except that for a minor subcontract,
as determined by the department of workforce
6development, that department the department of administration shall prescribe
by
7rule under s. 16.856 (2) the method of notifying the minor subcontractor of the
8prevailing wage rates and prevailing hours of labor applicable to the minor
9subcontract. The prevailing wage rates and prevailing hours of labor applicable to
10a contract or subcontract may not be changed during the time that the contract or
11subcontract is in force. For the information of the employees working on the project,
12the prevailing wage rates
determined by the department, the prevailing hours of
13labor
, and the provisions of subs. (2) and (7) shall be kept posted by the department
14of transportation in at least one conspicuous and easily accessible place on the site
15of the project.
AB32-ASA1,35
16Section
35. 103.50 (7) (title) and (a) to (e) of the statutes are renumbered
1784.062 (7) (title) and (a) to (e), and 84.062 (7) (a), as renumbered, is amended to read:
AB32-ASA1,15,2118
84.062
(7) (a) Except as provided in pars. (b)
, and (d)
and (f), any contractor,
19subcontractor
, or contractor's or subcontractor's agent who violates this section may
20be fined not more than $200 or imprisoned for not more than 6 months or both. Each
21day that a violation continues is a separate offense.
AB32-ASA1,36
22Section
36. 103.50 (7) (f) of the statutes is repealed.
AB32-ASA1,37
23Section
37. 103.50 (8) of the statutes is renumbered 84.062 (8) and amended
24to read:
AB32-ASA1,16,12
184.062
(8) Enforcement and prosecution. The department
of transportation 2shall require adherence to subs. (2), (2m)
, and (6). The department
of transportation 3may demand and examine, and every contractor, subcontractor
, and contractor's or
4subcontractor's agent shall keep and furnish upon request by the department
of
5transportation, copies of payrolls and other records and information relating to
6compliance with this section.
If requested by any person performing the work
7described in sub. (2m), the department shall conduct an investigation to ensure
8compliance with this section. Upon request of the department
of transportation or
9upon complaint of alleged violation, the district attorney of the county in which the
10work is located shall investigate as necessary and prosecute violations in a court of
11competent jurisdiction. Section 111.322 (2m) applies to discharge and other
12discriminatory acts arising in connection with any proceeding under this section.
AB32-ASA1,38
13Section
38. 103.503 (1) (a) of the statutes is amended to read:
AB32-ASA1,16,1914
103.503
(1) (a) "Accident" means an incident caused, contributed to, or
15otherwise involving an employee that resulted or could have resulted in death,
16personal injury, or property damage and that occurred while the employee was
17performing the work described in s. 66.0903 (4)
, 2013 stats., or
103.49 s. 16.856 (2m)
18on a project of public works or while the employee was performing work on a public
19utility project.
AB32-ASA1,39
20Section
39. 103.503 (1) (c) of the statutes is amended to read:
AB32-ASA1,16,2521
103.503
(1) (c) "Contracting agency" means a local governmental unit, as
22defined in s. 66.0903 (1) (d), or a state agency, as defined in s.
103.49 16.856 (1)
(f) 23(h), that has contracted for the performance of work on a project of public works or
24a public utility that has contracted for the performance of work on a public utility
25project.
AB32-ASA1,40
1Section
40. 103.503 (1) (e) of the statutes is amended to read:
AB32-ASA1,17,42
103.503
(1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
3who performs the work described in s. 66.0903 (4)
, 2013 stats., or
103.49 s. 16.856 4(2m) on a project of public works or on a public utility project.
AB32-ASA1,41
5Section
41. 103.503 (1) (g) of the statutes is amended to read:
AB32-ASA1,17,96
103.503
(1) (g) "Project of public works" means a project of public works that
7is
subject to s. 16.856 or that would be subject to s. 66.0903
or 103.49, 2013 stats., if
8the project were erected, constructed, repaired, remodeled, or demolished prior to the
9effective date of this paragraph .... [LRB inserts date].