Amendment SA2-SSA1-SB21

SB21-SSA1-SA2,6,17 39. Page 635, line 18: delete "2019" and substitute "2020".

SB21-SSA1-SA2,6,18 40. Page 635, line 19: delete "2010" and substitute "2011".

SB21-SSA1-SA2,6,19 41. Page 635, line 20: delete "2020" and substitute "2021".

SB21-SSA1-SA2,6,20 42. Page 635, line 21: delete "2009" and substitute "2010".

SB21-SSA1-SA2,6,22 43. Page 635, line 25: delete the material beginning with "and" and ending with "date]," on page 636, line 1.

SB21-SSA1-SA2,7,1 44. Page 635, line 25: delete "2015" and substitute "2016".

SB21-SSA1-SA2,7,2 45. Page 636, line 10: delete "2016" and substitute "2017".

SB21-SSA1-SA2,7,4 46. Page 639, line 12: after "municipality" insert "in a county bordered by Lake Michigan and the state of Illinois".

SB21-SSA1-SA2,7,5 47. Page 639, line 13: after "municipality" insert "in that county".

SB21-SSA1-SA2,7,7 48. Page 640, line 2: delete lines 2 and 3 and substitute "may appeal to the public service commission any decision of the municipality that owns and".

SB21-SSA1-SA2,7,14 49. Page 640, line 4: after "extension." insert "The public service commission may include in its decision conditions on the extension of service to ensure that costs resulting from the extension are borne by the users causing the cost and that the connection point selected by the municipality requesting the service is reasonable. Either municipality may appeal the decision of the public service commission to the department of natural resources. The department shall provide a determination within 45 days of receiving the appeal.".

SB21-SSA1-SA2,7,15 50. Page 640, line 15: after that line insert:

SB21-SSA1-SA2,7,17 " Section 1991sd. 66.0903 (title) of the statutes is repealed and recreated to read:

SB21-SSA1-SA2,7,18 66.0903 (title) Prevailing wage.

SB21-SSA1-SA2,1991sf Section 1991sf. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the statutes are repealed.

SB21-SSA1-SA2,1991sh Section 1991sh. 66.0903 (1) (c) of the statutes is amended to read:

SB21-SSA1-SA2,7,23 66.0903 (1) (c) "Hourly basic rate of pay" has the meaning given in s. 103.49 16.856 (1) (b).

SB21-SSA1-SA2,1991sj Section 1991sj. 66.0903 (1) (f) of the statutes is amended to read:

SB21-SSA1-SA2,8,2 66.0903 (1) (f) "Prevailing hours of labor" has the meaning given in s. 103.49 16.856 (1) (c) (e).

SB21-SSA1-SA2,1991sL Section 1991sL. 66.0903 (1) (g) of the statutes is repealed and recreated to read:

SB21-SSA1-SA2,8,6 66.0903 (1) (g) "Prevailing wage rate" includes the meanings given under s. 66.0903 (1) (g), 2013 stats., and s. 16.856 (1) (f).

SB21-SSA1-SA2,1991sn Section 1991sn. 66.0903 (1) (j) of the statutes is amended to read:

SB21-SSA1-SA2,8,9 66.0903 (1) (j) "Truck driver" has the meaning given in s. 103.49 16.856 (1) (g) (j).

SB21-SSA1-SA2,1991sp Section 1991sp. 66.0903 (1m) (a) (intro.) of the statutes is renumbered 66.0903 (1) (h) and amended to read:

SB21-SSA1-SA2,8,19 66.0903 (1) (h) In this subsection, "publicly "Publicly funded private construction project" means a construction project in which the developer, investor, or owner of the project receives direct financial assistance from a local governmental unit for the erection, construction, repair, remodeling, demolition, including any alteration, painting, decorating, or grading, of a private facility, including land, a building, or other infrastructure. "Publicly funded private construction project" does not include a project of public works or a housing project involving the erection, construction, repair, remodeling, or demolition of any of the following: .

SB21-SSA1-SA2,1991sr Section 1991sr. 66.0903 (1m) (a) 1. to 3. of the statutes are repealed.

SB21-SSA1-SA2,1991st Section 1991st. 66.0903 (1m) (b) of the statutes is amended to read:

SB21-SSA1-SA2,9,10 66.0903 (1m) (b) The legislature finds that the enactment of ordinances or other enactments by local governmental units requiring laborers, workers, mechanics, and truck drivers employed on projects of public works or on publicly funded private construction projects to be paid the prevailing wage rate and to be paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the prevailing hours of labor would be logically inconsistent with, would defeat the purpose of, and would go against the spirit of this section and the repeal repeals of s. 66.0904, 2009 stats, and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section shall be construed as an enactment of statewide concern for the purpose of providing uniform prevailing wage rate and prevailing hours of labor requirements throughout the state purposes of facilitating broader participation with respect to bidding on projects of public works, ensuring that wages accurately reflect market conditions, providing local governments with the flexibility to reduce costs on capital projects, and reducing spending at all levels of government in this state.

SB21-SSA1-SA2,1991sv Section 1991sv. 66.0903 (2) to (12) of the statutes are repealed.".

SB21-SSA1-SA2,9,12 51. Page 640, line 15: after that line insert:

SB21-SSA1-SA2,9,13 " Section 1991s. 66.0901 (12) of the statutes is created to read:

SB21-SSA1-SA2,9,14 66.0901 (12) Public building plan information. (a) In this subsection:

SB21-SSA1-SA2,9,17 1. "Public building plan information" means construction plans, designs, specifications, and related materials for construction work undertaken, or proposed to be undertaken, by a municipality pursuant to a public contract.

SB21-SSA1-SA2,9,19 2. "Public plan room" means a nonprofit organization that gathers and makes available to the public for inspection and copying public building plan information.

SB21-SSA1-SA2,9,23 (b) Notwithstanding s. 19.35 (3), if a municipality receives a request for public building plan information from a public plan room, the municipality shall provide the requested information by electronic copy, and without charging a fee, if all of the following apply:

SB21-SSA1-SA2,10,2 1. The public building plan information relates to a structure or building constructed, or proposed to be constructed, by a municipality.

SB21-SSA1-SA2,10,5 2. The public plan room allows the public to register and inspect or copy the public building plan information that it obtains under this subsection without charging a fee.

SB21-SSA1-SA2,10,9 (c) A municipality shall provide the requested information under par. (b) even if the municipality contracts with another person to assist the municipality with public contracts, related construction projects, or the management and storage of public building plan information.".

SB21-SSA1-SA2,10,10 52. Page 644, line 21: delete lines 21 to 24.

SB21-SSA1-SA2,10,11 53. Page 645, line 1: delete lines 1 and 2.

SB21-SSA1-SA2,10,12 54. Page 646, line 12: after that line insert:

SB21-SSA1-SA2,10,13 " Section 2037m. 70.111 (22) of the statutes is amended to read:

SB21-SSA1-SA2,11,2 70.111 (22) Rented personal property. (a) Except as provided in par. (b), personal property held for rental for periods of one month or less to multiple users for their temporary use, if the property is not rented with an operator, if the owner is not a subsidiary or affiliate of any other enterprise which is engaged in any business other than personal property rental and the owner is engaged in the rental of the property subject to the exemption to the other enterprise, if the owner is classified in group number 735, industry number 7359 of the 1987 standard industrial classification manual published by the U.S. office of management and budget and if the property is equipment, including construction equipment but not including automotive and computer-related equipment, television sets, video recorders and players, cameras, photographic equipment, audiovisual equipment, photocopying equipment, sound equipment, public address systems and video tapes; party supplies; appliances; tools; dishes; silverware; tables; or banquet accessories.

SB21-SSA1-SA2,11,11 (b) Personal property held primarily for rental for periods of 364 days or less to multiple users for their temporary use, if the property is not rented with an operator, if the owner is not a subsidiary or affiliate of any other enterprise which is engaged in any business other than personal property rental and the owner is engaged in the rental of the property subject to the exemption to the other enterprise, if the owner is classified under 532412 of the North American Industry Classification System, 2012 edition, published by the U.S. bureau of the census, and if the property is heavy equipment used for construction, mining, or forestry, including bulldozers, earthmoving equipment, well-drilling machinery and equipment, or cranes.".

SB21-SSA1-SA2,11,12 55. Page 803, line 7: after that line insert:

SB21-SSA1-SA2,11,13 " Section 2560p. 84.062 of the statutes is created to read:

SB21-SSA1-SA2,11,14 84.062 Prevailing wage. (1) Definitions. In this section:

SB21-SSA1-SA2,11,15 (a) "Hourly basic rate of pay" has the meaning given in s. 16.856 (1) (b).

SB21-SSA1-SA2,11,16 (b) "Prevailing hours of labor" has the meaning given in s. 16.856 (1) (e).

SB21-SSA1-SA2,11,17 (c) "Prevailing wage rate" has the meaning given in s. 16.856 (1) (f).

SB21-SSA1-SA2,11,18 (d) "Truck driver" has the meaning given in s. 16.856 (1) (j).

SB21-SSA1-SA2,11,24 (5) Disclosure. If a person who is not an employee of the department or the contracting state agency contacts an employee performing the work described in sub. (2m) for the purpose of investigating compliance with this section, the person shall provide a written statement to the employee stating that the person is not affiliated with the department or the contracting state agency and disclosing the principal source of funding for the investigation.".

SB21-SSA1-SA2,12,1 56. Page 805, line 21: after that line insert:

SB21-SSA1-SA2,12,2 " Section 2569p. 84.295 (4m) (d) of the statutes is amended to read:

SB21-SSA1-SA2,12,6 84.295 (4m) (d) In order to be eligible for reimbursement under this subsection, any entry upon or occupation of state freeway right-of-way after relocation or replacement by a metropolitan sewerage district acting under s. 200.11 (5) (b) or 200.35 (7) shall be done in a manner acceptable to the department.

SB21-SSA1-SA2,2569r Section 2569r. 84.295 (4m) (e) 2. of the statutes is amended to read:

SB21-SSA1-SA2,12,12 84.295 (4m) (e) 2. "Municipal utility facilities" mean any utility facilities owned by any town, village, or city or any joint local water authority created under s. 66.0823 or any town sanitary district established under subch. IX of ch. 60, or under the jurisdiction of any metropolitan sewerage district established under ss. 200.01 to 200.15 ch. 200.".

SB21-SSA1-SA2,12,13 57. Page 805, line 21: after that line insert:

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: