Amendment AU7 AA25-ASA1-AB1

AB1-ASA1-AA25,7,16 “ Section 36d. 85.077 (1) of the statutes is amended to read:

AB1-ASA1-AA25,7,23 85.077 (1) Except as provided in subs. (2) and (4), if a project involving the construction, rehabilitation, improvement, demolition, or repair of rail property or rail property improvements is funded in any part with public funds, the department or the recipient of the public funds shall let the project by contract on the basis of competitive bids and shall award the contract to the lowest responsible bidder. Each bid submitted by a responsible bidder shall be considered as if the bid amount submitted was reduced as provided under s. 16.855 (1q).

AB1-ASA1-AA25,36g Section 36g. 86.31 (2) (b) of the statutes is amended to read:

AB1-ASA1-AA25,8,9 86.31 (2) (b) Except as provided in par. (d), improvements for highway construction projects funded under the program shall be under contracts. Such contracts shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. Each bid submitted by a responsible bidder shall be considered as if the bid amount submitted was reduced as provided under s. 16.855 (1q). If a city or village does not receive a responsible bid for an improvement, the city or village may contract with a county for the improvement. Subject to s. 59.52 (30), a town may contract with a county for the improvement subject to the criteria and procedures promulgated as rules under sub. (6) (h).”.

AB1-ASA1-AA25,8,12 12. Page 30, line 20: delete “(bg) in the 2019-21 fiscal biennium," and substitute “(bg), in the 2017-19 fiscal biennium and in each fiscal biennium thereafter,".

AB1-ASA1-AA25,8,16 13. Page 36, line 2: after “zone." insert “The corporation may not certify a business under this subsection unless the business executes a contract with the corporation that requires the business to expend during the contract term at least $1,250,000,000 on the products and services of businesses based in this state.".

AB1-ASA1-AA25,8,17 14. Page 36, line 15: after that line insert:

AB1-ASA1-AA25,8,18 “(3u) Minimum wage and labor peace in the zone. (a) In this subsection:

AB1-ASA1-AA25,8,20 1. “Claimant” means a person who is certified to claim tax benefits under sub. (3).

AB1-ASA1-AA25,8,23 2. “Claimant contracted employer” means an employer that employs employees as a result of an agreement with a claimant to provide goods or services to the claimant and that employs employees within 50 miles of the zone.

AB1-ASA1-AA25,9,2 2e. “Covered employer” means a claimant, zone employer, or claimant contracted employer.

AB1-ASA1-AA25,9,3 2m. “Department” means the department of workforce development.

AB1-ASA1-AA25,9,6 3. “Economic action” means picketing, work stoppage, strike, boycott, or other adverse action against a covered employer regarding employees of the covered employer.

AB1-ASA1-AA25,9,7 4. “Employee” has the meaning given in s. 104.01 (2).

AB1-ASA1-AA25,9,8 4e. “Employer” has the meaning given in s. 104.01 (3).

AB1-ASA1-AA25,9,11 4m. “Labor organization” means an organization of any kind which exists for the purpose, in whole or in part, of dealing with employers concerning wages, hours of employment, conditions of work, or grievances.

AB1-ASA1-AA25,9,15 4s. “Labor peace agreement” means a written agreement between an employer and a labor organization that contains at a minimum a provision requiring forbearance by the labor organization of any economic action against any covered employer.

AB1-ASA1-AA25,9,18 5. “Rate of inflation” means the rate of inflation determined by the federal bureau of labor statistics for the metropolitan statistical area in which the zone exists.

AB1-ASA1-AA25,9,19 6. “Wage” has the meaning given in s. 104.01 (8).

AB1-ASA1-AA25,9,20 7. “Zone” means the zone designated under sub. (1m).

AB1-ASA1-AA25,9,22 8. “Zone employer” means an employer that employs employees within the boundaries of the zone.

AB1-ASA1-AA25,9,24 (b) 1. Every wage paid or agreed to be paid by a claimant to any employee shall be not less than the minimum wage established under par. (c).

AB1-ASA1-AA25,10,2 2. Every wage paid or agreed to be paid by any zone employer to any employee shall be not less than the minimum wage established under par. (c).

AB1-ASA1-AA25,10,4 3. Every wage paid or agreed to be paid by any claimant contracted employer to any employee shall be not less than the minimum wage established under par. (c).

AB1-ASA1-AA25,10,9 4. A claimant, a zone employer, or a claimant contracted employer paying, offering to pay, or agreeing to pay any employee a wage lower or less in value than the applicable minimum wage established under par. (c) is guilty of a violation of this chapter as provided in s. 103.005 (11) and is subject to the penalties provided in s. 103.005 (12).

AB1-ASA1-AA25,10,11 (c) 1. The minimum wage shall be not less than $15 per hour through the last day of February 2020.

AB1-ASA1-AA25,10,15 2. On April 1, 2020, the minimum wage shall be not less than an amount determined by the department by multiplying $15 per hour by the rate of inflation for the immediately preceding year. The department shall publish the wage calculated under this subdivision no later than March 1, 2020.

AB1-ASA1-AA25,10,20 3. On April 1, 2021, and on April 1 of each year thereafter, the minimum wage shall be not less than an amount determined by the department by multiplying the minimum wage of the immediately preceding 12 months by the rate of inflation for the immediately preceding year. The department shall publish the wage calculated under this subdivision no later than March 1 of each year.

AB1-ASA1-AA25,10,24 (d) 1. Each claimant, zone employer, and claimant contracted employer shall keep a record of the name and address of each of its employees, the hours of employment and wages of each employee, the occupation and classification of each employee, and such other records pertaining to ability as the department requires.

AB1-ASA1-AA25,11,2 2. The records under this paragraph shall be submitted to the department every 3 months as follows:

AB1-ASA1-AA25,11,4 a. On May 1 regarding any employment of employees from January 1 to March 31 of that year.

AB1-ASA1-AA25,11,6 b. On August 1 regarding any employment of employees from April 1 to June 30 of that year.

AB1-ASA1-AA25,11,8 c. On November 1 regarding any employment of employees from July 1 to September 30 of that year.

AB1-ASA1-AA25,11,10 d. On February 1 regarding any employment of employees from October 1 to December 31 of the previous year.

AB1-ASA1-AA25,11,12 3. The records of employees in this paragraph shall be subject to the open records law provisions of ss. 19.31 to 19.36.

AB1-ASA1-AA25,11,18 (e) Any person may register with the department that the wages paid to an employee for whom a minimum wage has been established under par. (c) are less than that minimum wage, and the department shall investigate the matter and take all proceedings necessary to enforce the payment of the minimum wage. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB1-ASA1-AA25,12,3 (f) The state shall be deemed to acquire, hold, or retain a proprietary interest in the zone and must protect against threats to or potential compromises of this proprietary interest by ensuring that potentially adverse labor relations arising over recognition of, representation by, or collective bargaining through any employee's labor organization do not and could not disrupt operations of the claimant, and to ensure such protection shall require of the claimant and all covered employers a labor peace agreement in the event that employees seek representation in collective bargaining through a labor organization. This paragraph is not intended to, and shall not be interpreted to, enact or express any generally applicable policy regarding labor relations or to regulate those relations in any way.

AB1-ASA1-AA25,12,9 (g) 1. Any agreement between the corporation and a claimant under this section shall include a provision requiring of the claimant that, if any labor organization declares an intent to seek representation of the employees of a claimant, a claimant shall be required to submit to the department a verifiable labor peace agreement, and the claimant shall be required to incorporate such a provision in any agreement with a successor, assignee, or transferee.

AB1-ASA1-AA25,12,17 2. Any agreement between the corporation and a claimant under this section shall include a provision requiring of the claimant that it shall require in any agreement with any covered employer that, if any labor organization declares an intent to seek representation of the employees of the covered employer, the covered employer shall be required to submit to the claimant and the claimant to the department a verifiable labor peace agreement, and the covered employer shall be required to incorporate such a provision in any agreement with a contractor or subcontractor, successor, assignee, or transferee.

AB1-ASA1-AA25,12,23 (h) 1. Any person or organization may file with the department a complaint of noncompliance with par. (g). Upon any complaint the department shall investigate and upon a finding of noncompliance the department shall institute a civil action for an injunction or specific performance. In the event the department brings a civil action for enforcement, any person by or with a direct interest in compliance with par. (g) may join in that action as a real party in interest.

AB1-ASA1-AA25,13,3 2. A covered employer that performs its obligations under a labor peace agreement shall be relieved of further obligation under this paragraph and the terms of the labor peace agreement if the labor organization engages in economic action.

AB1-ASA1-AA25,13,6 3. Nothing in this subsection requires a covered employer to recognize a particular labor organization nor enter into a collective bargaining agreement establishing the terms and conditions of employment.

AB1-ASA1-AA25,13,10 4. Nothing in this subsection requires a covered employer to abide by the provisions of this subsection for any employment unrelated to employment of employees resulting from an agreement between the corporation and the claimant under this section.

AB1-ASA1-AA25,13,11 (3v) Good jobs agreement. (a) In this subsection:

AB1-ASA1-AA25,13,13 1. “Claimant” means a person who is certified to claim tax benefits under sub. (3) and who files a claim under this subsection.

AB1-ASA1-AA25,13,16 2. “Claimant contracted employer” means an employer that employs employees as a result of an agreement with a claimant to provide goods or services to the claimant and that employs employees within 50 miles of the zone.

AB1-ASA1-AA25,13,18 3. “Covered employer” means a claimant, zone employer, or claimant contracted employer.

AB1-ASA1-AA25,13,19 4. “Employee” has the meaning given in s. 104.01 (2).

AB1-ASA1-AA25,13,20 5. “Employer” has the meaning given in s. 104.01 (3).

AB1-ASA1-AA25,13,21 6. “Zone” means the zone designated under sub. (1m).

AB1-ASA1-AA25,13,23 7. “Zone employer” means an employer that employs employees within the boundaries of the zone.

AB1-ASA1-AA25,14,3 (b) 1. Prior to certification of a claimant under sub. (3), the corporation shall require that the potential claimant enter into a private agreement regarding employment of employees by the potential claimant, any covered employer, zone employer, and claimant contracted employer, and any contractor, subcontractor, successor, transferee, or assignee.

AB1-ASA1-AA25,14,6 2. The agreement under subd. 1. shall be substantially similar to the private agreement entered into regarding the Wisconsin Entertainment and Sports Center in Milwaukee covering post-construction, end-use employment.

AB1-ASA1-AA25,14,11 3. The agreement under subd. 1. shall include 2 parties, of which one party shall be the potential claimant and of which the other party shall be a person, corporation, or unincorporated association located in Wisconsin, with demonstrable experience with and expertise in employment standards related to job quality and access, and that is a signatory party to at least one similar such agreement.”.

AB1-ASA1-AA25,14,12 15. Page 36, line 23: after that line insert:

AB1-ASA1-AA25,14,14 “4. Fails to ensure that at least 70 percent of the business's employees in the zone are residents of this state.

AB1-ASA1-AA25,14,17 4b. Fails to demonstrate to the satisfaction of the corporation that the business is committed to the goal of ensuring that at least 1 percent of its workforce in the state are veterans.

AB1-ASA1-AA25,14,21 4d. Fails to demonstrate to the satisfaction of the corporation that the business is committed to the goal of ensuring that at least 1 percent of all of its purchases of products and services in this state are made from disabled veteran-owned businesses that are certified by the department of administration under s. 16.283 (3).

AB1-ASA1-AA25,14,23 4f. Fails to ensure that the business provides individual and family health insurance benefits to each of its full-time employees in this state.

AB1-ASA1-AA25,15,2 4h. Fails to ensure that the business maintains an hourly basic rate of pay, as defined in s. 16.856 (1) (b), for its full-time employees of at least $15.

AB1-ASA1-AA25,15,6 4j. Fails to demonstrate to the satisfaction of the corporation that applicants who are residents of this state are accorded preference over other applicants having substantially equal relevant qualifications and credentials for each employment position for which the business is eligible to receive tax benefits.

AB1-ASA1-AA25,15,9 4m. Fails to demonstrate to the satisfaction of the corporation that the business gives preference to contractors based in this state in connection with the construction of any facility of the business if the facility is located in the zone.

AB1-ASA1-AA25,15,15 4s. Fails to demonstrate to the satisfaction of the corporation that each of the business's contracts with a contractor based in this state in connection with the construction of any facility of the business that is located in the zone requires the contractor to ensure that applicants for employment with the contractor who are residents of this state are accorded preference over other applicants having substantially equal relevant qualifications and credentials.

AB1-ASA1-AA25,15,19 4u. Fails to demonstrate to the satisfaction of the corporation that each of the business's contracts with a contractor based in this state in connection with the construction of any facility of the business that is located in the zone requires the contractor to do all of the following:

AB1-ASA1-AA25,15,22 a. Ensure that applicants for employment with the contractor who are residents of this state are accorded preference over other applicants having substantially equal relevant qualifications and credentials.

AB1-ASA1-AA25,15,24 b. Ensure that the contractor provides health insurance benefits to each of its full-time employees at a premium coverage rate of at least 75 percent.

AB1-ASA1-AA25,15,25 c. Test its employees for the unlawful use of controlled substances.

AB1-ASA1-AA25,16,1 d. Participate in a state or federally recognized apprenticeship program.

AB1-ASA1-AA25,16,5 4x. Fails to demonstrate to the satisfaction of the corporation that the business is committed to the goal of ensuring that at least 5 percent of its workforce in this state are members of a community in this state that is predominately made up of minority group members, as defined in s. 16.287 (1) (f).”.

AB1-ASA1-AA25,16,6 16. Page 41, line 18: after that line insert:

AB1-ASA1-AA25,16,11 “(3r) The department of transportation shall study the regional transportation and transit needs associated with projects located within an electronics and information technology manufacturing zone designated under section 238.396 (1m) of the statutes and shall report its findings to the legislature under section 13.172 (2) of the statutes no later than September 1, 2018.”.

AB1-ASA1-AA25,16,12 17. Page 42, line 12: after that line insert:

AB1-ASA1-AA25,16,16 “(2p) Procurement provisions. The treatment of sections 16.855 (1q), 59.52 (29) (a), 60.47 (3), 62.15 (1), 66.0901 (1m) (a) 3., 84.06 (2) (a), 85.077 (1), and 86.31 (2) (b) of the statutes first applies to bids solicited on the effective date of this subsection.”.

AB1-ASA1-AA25,16,17 (End)