Amendment SA2-SSA1-SB21

SB21-SSA1-SA2,12,14 " Section 2569p. 84.41 (3) of the statutes is amended to read:

SB21-SSA1-SA2,12,19 84.41 (3) Employment regulations. Employment regulations set forth in s. 103.50 84.062 pertaining to wages and hours shall apply to all projects constructed under s. 84.40 in the same manner as such laws apply to projects on other state highways. Where applicable, the federal wages and hours law known as the Davis-Bacon act shall apply.".

SB21-SSA1-SA2,12,20 58. Page 907, line 22: after that line insert:

SB21-SSA1-SA2,12,21 " Section 3075p. 103.005 (12) (a) of the statutes is amended to read:

SB21-SSA1-SA2,13,8 103.005 (12) (a) If any employer, employee, owner, or other person violates chs. 103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106, within the time prescribed by the department, for which no penalty has been specifically provided, or fails, neglects or refuses to obey any lawful order given or made by the department or any judgment or decree made by any court in connection with chs. 103 to 106, for each such violation, failure or refusal, the employer, employee, owner or other person shall forfeit not less than $10 nor more than $100 for each offense. This paragraph does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or 103.50 (3) or (4).".

SB21-SSA1-SA2,13,9 59. Page 909, line 11: after that line insert:

SB21-SSA1-SA2,13,10 " Section 3077b. 103.49 (title) of the statutes is repealed.

SB21-SSA1-SA2,3077bg Section 3077bg. 103.49 (1) (intro.), (am), (b), (bj), (br), (c), (em), (f), (fm) and (g), (1m) and (3g) of the statutes are renumbered 16.856 (1) (intro.), (a), (b), (c), (d), (e), (g), (h), (i) and (j), (1m) and (3g).

SB21-SSA1-SA2,3077bp Section 3077bp. 103.49 (1) (a), (bg) and (d) of the statutes are repealed.

SB21-SSA1-SA2,3077c Section 3077c. 103.49 (2) of the statutes is renumbered 16.856 (2) and amended to read:

SB21-SSA1-SA2,14,14 16.856 (2) Prevailing wage rates and hours of labor. Any contract made for the erection, construction, remodeling, repairing, or demolition of any project of public works to which the state or any state agency is a party shall contain a stipulation that no person performing the work described in sub. (2m) may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage rate determined under sub. (3) in the same or most similar trade or occupation in the area in which the project of public works is situated. A reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a project of public works that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force.

SB21-SSA1-SA2,3077cp Section 3077cp. 103.49 (2m) of the statutes is renumbered 16.856 (2m), and 16.856 (2m) (a) (intro.) and (b), as renumbered, are amended to read:

SB21-SSA1-SA2,14,21 16.856 (2m) (a) (intro.) Subject to par. (b), all of the following employees shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:

SB21-SSA1-SA2,15,5 (b) A laborer, worker, mechanic, or truck driver who is employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project of public works that is subject to this section, including any of the following, is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies:

SB21-SSA1-SA2,15,10 1. The A laborer, worker, mechanic, or truck driver who is employed to go to the source of mineral aggregate such as sand, gravel, or stone and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material directly in final place, from the transporting vehicle or through spreaders from the transporting vehicle.

SB21-SSA1-SA2,15,14 2. The A laborer, worker, mechanic, or truck driver who is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project of public works, and transport that excavated material or spoil away from the site of the project.

SB21-SSA1-SA2,3077d Section 3077d. 103.49 (3), (4r) and (5) of the statutes are repealed.

SB21-SSA1-SA2,3077dp Section 3077dp. 103.49 (6m) (title) of the statutes is renumbered 16.856 (6m) (title).

SB21-SSA1-SA2,3077e Section 3077e. 103.49 (6m) (ag) of the statutes is renumbered 16.856 (6m) (ag), and 16.856 (6m) (ag) 1., 2. and 3., as renumbered, are amended to read:

SB21-SSA1-SA2,16,2 16.856 (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. or 3., whichever is applicable.

SB21-SSA1-SA2,16,11 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.

SB21-SSA1-SA2,16,22 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. 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.

SB21-SSA1-SA2,3077ep Section 3077ep. 103.49 (6m) (am) of the statutes is renumbered 16.856 (6m) (am) and amended to read:

SB21-SSA1-SA2,17,4 16.856 (6m) (am) Except as provided in pars. (b), and (d) and (f), any contractor, subcontractor or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense.

SB21-SSA1-SA2,3077f Section 3077f. 103.49 (6m) (b) to (e) of the statutes are renumbered 16.856 (6m) (b) to (e).

SB21-SSA1-SA2,3077fp Section 3077fp. 103.49 (6m) (f) of the statutes is repealed.

SB21-SSA1-SA2,3077g Section 3077g. 103.49 (7) of the statutes is repealed.

SB21-SSA1-SA2,3077gp Section 3077gp. 103.50 (title) and (1) of the statutes are repealed.

SB21-SSA1-SA2,3077h Section 3077h. 103.50 (2) of the statutes is renumbered 84.062 (2) and amended to read:

SB21-SSA1-SA2,17,22 84.062 (2) Prevailing wage rates and hours of labor. No person performing the work described in sub. (2m) in the employ of a contractor, subcontractor, agent or other person performing any work on a project under a contract based on bids as provided in s. 84.06 (2) to which the state is a party for the construction or improvement of any highway may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor; nor may he or she be paid a lesser rate of wages than the prevailing wage rate in the area in which the work is to be done determined under sub. (3); except that any such person may be permitted or required to work more than such prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay.

SB21-SSA1-SA2,3077hp Section 3077hp. 103.50 (2g) of the statutes is renumbered 84.062 (2g) and amended to read:

SB21-SSA1-SA2,18,5 84.062 (2g) Nonapplicability. This section does not apply to a single-trade project of public works, as defined in s. 103.49 16.856 (1) (em) (g), for which the estimated project cost of completion is less than $48,000 or a multiple-trade project of public works, as defined in s. 103.49 16.856 (1) (br) (d), for which the estimated project cost of completion is less than $100,000.

SB21-SSA1-SA2,3077i Section 3077i. 103.50 (2m) of the statutes is renumbered 84.062 (2m), and 84.062 (2m) (a) (intro.) and (b), as renumbered, are amended to read:

SB21-SSA1-SA2,18,12 84.062 (2m) (a) (intro.) Subject to par. (b), all of the following employees shall be paid the prevailing wage rate determined under sub. (3) and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:

SB21-SSA1-SA2,18,21 (b) A laborer, worker, mechanic, or truck driver who is employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project that is subject to this section, including any of the following, is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies:

SB21-SSA1-SA2,19,2 1. The A laborer, worker, mechanic or truck driver who is employed to go to the source of mineral aggregate such as sand, gravel or stone and deliver that mineral aggregate to the site of a project that is subject to this section by depositing the material directly in final place, from the transporting vehicle or through spreaders from the transporting vehicle.

SB21-SSA1-SA2,19,6 2. The A laborer, worker, mechanic or truck driver who is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project, and transport that excavated material or spoil away from the site of the project and return to the site of the project.

SB21-SSA1-SA2,3077ip Section 3077ip. 103.50 (3) to (5) of the statutes are repealed.

SB21-SSA1-SA2,3077j Section 3077j. 103.50 (6) of the statutes is renumbered 84.062 (6) and amended to read:

SB21-SSA1-SA2,20,2 84.062 (6) Contents of contracts ; notification. A reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for a project. If any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department of workforce development, that department the department of administration shall prescribe by rule under s. 16.856 (2) the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. For the information of the employees working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of subs. (2) and (7) shall be kept posted by the department of transportation in at least one conspicuous and easily accessible place on the site of the project.

SB21-SSA1-SA2,3077jp Section 3077jp. 103.50 (7) (title) and (a) to (e) of the statutes are renumbered 84.062 (7) (title) and (a) to (e), and 84.062 (7) (a), as renumbered, is amended to read:

SB21-SSA1-SA2,20,8 84.062 (7) (a) Except as provided in pars. (b) , and (d) and (f), any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense.

SB21-SSA1-SA2,3077k Section 3077k. 103.50 (7) (f) of the statutes is repealed.

SB21-SSA1-SA2,3077kp Section 3077kp. 103.50 (8) of the statutes is renumbered 84.062 (8) and amended to read:

SB21-SSA1-SA2,20,23 84.062 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2), (2m), and (6). The department of transportation may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep and furnish upon request by the department of transportation, copies of payrolls and other records and information relating to compliance with this section. If requested by any person performing the work described in sub. (2m), the department shall conduct an investigation to ensure compliance with this section. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

SB21-SSA1-SA2,3077L Section 3077L. 103.503 (1) (a) of the statutes is amended to read:

SB21-SSA1-SA2,21,6 103.503 (1) (a) "Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or while the employee was performing work on a public utility project.

SB21-SSA1-SA2,3077Lp Section 3077Lp. 103.503 (1) (c) of the statutes is amended to read:

SB21-SSA1-SA2,21,12 103.503 (1) (c) "Contracting agency" means a local governmental unit, as defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 16.856 (1) (f) (h), that has contracted for the performance of work on a project of public works or a public utility that has contracted for the performance of work on a public utility project.

SB21-SSA1-SA2,3077m Section 3077m. 103.503 (1) (e) of the statutes is amended to read:

SB21-SSA1-SA2,21,16 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or on a public utility project.

SB21-SSA1-SA2,3077mp Section 3077mp. 103.503 (1) (g) of the statutes is amended to read:

SB21-SSA1-SA2,21,21 103.503 (1) (g) "Project of public works" means a project of public works that is subject to s. 16.856 or that would be subject to s. 66.0903 or 103.49, 2013 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to the effective date of this paragraph .... [LRB inserts date].

SB21-SSA1-SA2,3077n Section 3077n. 103.503 (2) of the statutes is amended to read:

SB21-SSA1-SA2,22,5 103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or while performing work on a public utility project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).

SB21-SSA1-SA2,3077np Section 3077np. 103.503 (3) (a) 2. of the statutes is amended to read:

SB21-SSA1-SA2,22,14 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.".

SB21-SSA1-SA2,22,15 60. Page 910, line 7: after that line insert:

SB21-SSA1-SA2,22,17 " Section 3078cd. 104.001 (3) (intro.) and (b) of the statutes are consolidated, renumbered 104.001 (3) and amended to read:

SB21-SSA1-SA2,22,23 104.001 (3) This section does not affect any of the following: (b) An an ordinance that, subject to s. 66.0903, requires an employee of a county, city, village, or town, an employee who performs work under a contract for the provision of services to a county, city, village, or town, or an employee who performs work that is funded by financial assistance from a county, city, village, or town, to be paid at a minimum wage rate specified in the ordinance.

SB21-SSA1-SA2,3078ch Section 3078ch. 104.001 (3) (a) of the statutes is repealed.".

SB21-SSA1-SA2,23,1 61. Page 917, line 2: after that line insert:

SB21-SSA1-SA2,23,2 " Section 3080p. 106.04 (1) (d) of the statutes is amended to read:

SB21-SSA1-SA2,23,5 106.04 (1) (d) "Project" means a project of public works that is subject to s. 103.49 or 103.50 16.856 or 84.062 in which work is performed by employees employed in trades that are apprenticeable under this subchapter.".

SB21-SSA1-SA2,23,6 62. Page 930, line 17: after that line insert:

SB21-SSA1-SA2,23,7 " Section 3135c. 109.09 (1) of the statutes is amended to read:

SB21-SSA1-SA2,24,5 109.09 (1) The department shall investigate and attempt equitably to adjust controversies between employers and employees as to alleged wage claims. The department may receive and investigate any wage claim which that is filed with the department, or received by the department under s. 109.10 (4), no later than 2 years after the date the wages are due. The department may, after receiving a wage claim, investigate any wages due from the employer against whom the claim is filed to any employee during the period commencing 2 years before the date the claim is filed. The department shall enforce this chapter and ss. s. 66.0903, 2013 stats., s. 103.49, 2013 stats., and s. 229.8275, 2013 stats., and ss. 16.856, 103.02, 103.49, 103.82, and 104.12, and 229.8275. In pursuance of this duty, the department may sue the employer on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s. 109.10, the department may refer such an action to the district attorney of the county in which the violation occurs for prosecution and collection and the district attorney shall commence an action in the circuit court having appropriate jurisdiction. Any number of wage claims or wage deficiencies against the same employer may be joined in a single proceeding, but the court may order separate trials or hearings. In actions that are referred to a district attorney under this subsection, any taxable costs recovered by the district attorney shall be paid into the general fund of the county in which the violation occurs and used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office of the district attorney who prosecuted the action.

SB21-SSA1-SA2,3135e Section 3135e. 111.322 (2m) (a) of the statutes is amended to read:

SB21-SSA1-SA2,24,10 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB21-SSA1-SA2,3135g Section 3135g. 111.322 (2m) (b) of the statutes is amended to read:

SB21-SSA1-SA2,24,15 111.322 (2m) (b) The individual testifies or assists in any action or proceeding held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64 to 103.82.

SB21-SSA1-SA2,3135i Section 3135i. 111.322 (2m) (c) of the statutes is amended to read:

SB21-SSA1-SA2,24,19 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 66.0903, 103.49, or 229.8275 16.856 or 84.062 or testifies or assists in any action or proceeding under s. 66.0903, 103.49, or 229.8275 16.856 or 84.062.".

SB21-SSA1-SA2,24,21 63. Page 989, line 23: delete the material beginning with that line and ending with page 991, line 21.

SB21-SSA1-SA2,24,23 64. Page 1043, line 2: delete "In the 2013-14 and 2014-15 school years, a A" and substitute "In the 2013-14 and 2014-15 2015-16 and 2016-17 school years, a".

SB21-SSA1-SA2,24,24 65. Page 1044, line 16: delete "2015" and substitute "2016".

SB21-SSA1-SA2,25,1 66. Page 1045, line 3: delete that line and substitute:

SB21-SSA1-SA2,25,7 "a. For applications for the 2016-17 and 2017-18 school years, if the total number of applicants does not exceed the school district's pupil participation limit under sub. (2) (be), the department shall determine which applications each private school may accept on a random basis, except that the department shall give preference to the applications of pupils described in s. 118.60 (3) (a) 1m. to 5., in the order of preference listed in that paragraph.

SB21-SSA1-SA2,25,10 am. For applications for the 2018-19 school year and each school year thereafter, if the total number of applicants does not exceed the school district's pupil".

SB21-SSA1-SA2,25,11 67. Page 1045, line 7: delete "If" and substitute "Annually, if".

SB21-SSA1-SA2,25,12 68. Page 1055, line 2: delete "(6), (6m), (8)" and substitute "(6), (8)".

SB21-SSA1-SA2,25,14 69. Page 1069, line 24: delete "at least one charter school under s. 118.40 (2r) or" and substitute "a charter school".

SB21-SSA1-SA2,25,15 70. Page 1069, line 25: delete "(2x)".

SB21-SSA1-SA2,25,16 71. Page 1094, line 23: delete "under s. 118.40 (2r) or (2x)".

SB21-SSA1-SA2,25,17 72. Page 1138, line 6: delete lines 6 to 20.

SB21-SSA1-SA2,25,19 73. Page 1144, line 15: delete the material beginning with that line and ending with page 1145, line 8.

SB21-SSA1-SA2,25,20 74. Page 1148, line 10: delete lines 10 to 16.

SB21-SSA1-SA2,25,21 75. Page 1152, line 8: after that line insert:

SB21-SSA1-SA2,25,23 " Section 3511d. 165.77 (4) (am) (intro.) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read: