Amendment SA6-AB64

LRBb0829/1

MED:amn

2017 - 2018 LEGISLATURE

SENATE AMENDMENT 6, TO ASSEMBLY BILL 64

September 15, 2017 - Offered by Senators Shilling, Ringhand, Erpenbach, Johnson, Miller, Carpenter, L. Taylor, Risser, Vinehout, Bewley, Wirch, Hansen and Larson.

AB64-SA6,1,2 At the locations indicated, amend the bill, as shown by assembly substitute amendment 1, as follows:

AB64-SA6,1,3 1. Page 43, line 6: delete that line.

AB64-SA6,1,4 2. Page 49, line 5: delete lines 5 to 12.

AB64-SA6,1,5 3. Page 554, line 10: delete lines 10 to 22.

AB64-SA6,1,7 4. Page 591, line 17: delete the material beginning with that line and ending with page 592, line 3.

AB64-SA6,1,8 5. Page 700, line 13: delete that line.

AB64-SA6,1,9 6. Page 701, line 13: delete that line.

AB64-SA6,1,11 7. Page 727, line 12: delete the material beginning with that line and ending with page 729, line 16.

AB64-SA6,2,2 8. Page 738, line 9: delete the material beginning with that line and ending with page 739, line 6.

AB64-SA6,2,3 9. Page 740, line 16: delete lines 16 to 19.

AB64-SA6,2,4 10. Page 866, line 6: delete lines 6 to 9.

AB64-SA6,2,5 11. Page 868, line 5: delete lines 5 to 8.

AB64-SA6,2,6 12. Page 930, line 22: delete that line.

AB64-SA6,2,8 13. Page 946, line 25: delete the material beginning with that line and ending with page 947, line 13.

AB64-SA6,2,10 14. Page 1074, line 23: delete the material beginning with that line and ending with page 1075, line 4.

AB64-SA6,2,11 15. Page 1086, line 21: delete lines 21 to 24.

AB64-SA6,2,12 16. At the appropriate places, insert all of the following:

AB64-SA6,2,13 “ Section 1. 16.856 of the statutes is repealed.

AB64-SA6,2 Section 2. 19.36 (12) of the statutes is amended to read:

AB64-SA6,3,2 19.36 (12) Information relating to certain employees. Unless access is specifically authorized or required by statute, an authority may not provide access to a record prepared or provided by an employer performing work on a project to which s. 16.856 or 84.062 66.0903, 103.49, or 103.50 applies, or on which the employer is otherwise required to pay prevailing wages, if that record contains the name or other personally identifiable information relating to an employee of that employer, unless the employee authorizes the authority to provide access to that information. In this subsection, “personally identifiable information" does not include an employee's work classification, hours of work, or wage or benefit payments received for work on such a project.

AB64-SA6,3 Section 3. 66.0129 (5) of the statutes is amended to read:

AB64-SA6,3,8 66.0129 (5) Bids for construction. The nonprofit corporation shall let all contracts exceeding $1,000 for the construction, maintenance or repair of hospital facilities to the lowest responsible bidder after advertising for bids by the publication of a class 2 notice under ch. 985. Section Sections 66.0901 applies and 66.0903 apply to bids and contracts under this subsection.

AB64-SA6,4 Section 4. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the statutes are created to read:

AB64-SA6,3,19 66.0903 (1) (a) “Area" means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, “area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, “area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, “area" means the entire state or, if the department is requested to review a determination under sub. (3) (br), “area" means the city, village, or town in which a proposed project of public works that is subject to this section is located.

AB64-SA6,3,20 (am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).

AB64-SA6,3,21 (b) “Department" means the department of workforce development.

AB64-SA6,3,22 (cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).

AB64-SA6,4,5 (dr) “Minor service or maintenance work" means a project of public works that is limited to minor crack filling, chip or slurry sealing, or other minor pavement patching, not including overlays, that has a projected life span of no longer than 5 years or that is performed for a town and is not funded under s. 86.31, regardless of projected life span; the depositing of gravel on an existing gravel road applied solely to maintain the road; road shoulder maintenance; cleaning of drainage or sewer ditches or structures; or any other limited, minor work on public facilities or equipment that is routinely performed to prevent breakdown or deterioration.

AB64-SA6,4,7 (em) “Multiple-trade project of public works" has the meaning given in s. 103.49 (1) (br).

AB64-SA6,4,9 (hm) “Single-trade project of public works" has the meaning given in s. 103.49 (1) (em).

AB64-SA6,4,14 (im) “Supply and installation contract" means a contract under which the material is installed by the supplier, the material is installed by means of simple fasteners or connectors such as screws or nuts and bolts, and no other work is performed on the site of the project of public works, and the total labor cost to install the material does not exceed 20 percent of the total cost of the contract.

AB64-SA6,5 Section 5. 66.0903 (1) (c) of the statutes is amended to read:

AB64-SA6,4,17 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856 103.49 (1) (b).

AB64-SA6,6 Section 6. 66.0903 (1) (f) of the statutes is amended to read:

AB64-SA6,4,20 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856 103.49 (1) (e) (c).

AB64-SA6,7 Section 7. 66.0903 (1) (g) of the statutes is repealed and recreated to read:

AB64-SA6,5,3 66.0903 (1) (g) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any project of public works in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation on projects in the area.

AB64-SA6,5,13 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, “prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any project of public works in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51 percent of hours worked in that trade or occupation on projects in that area.

AB64-SA6,8 Section 8. 66.0903 (1) (j) of the statutes is amended to read:

AB64-SA6,5,16 66.0903 (1) (j) “Truck driver" has the meaning given in s. 16.856 103.49 (1) (j) (g).

AB64-SA6,9 Section 9. 66.0903 (1m) (b) of the statutes is amended to read:

AB64-SA6,6,7 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 repeals spirit of this section and the repeal 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 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 purpose of providing uniform prevailing wage rate and prevailing hours of labor requirements throughout the state.

AB64-SA6,10 Section 10. 66.0903 (2) to (12) of the statutes are created to read:

AB64-SA6,6,11 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project of public works erected, constructed, repaired, remodeled, or demolished for a local governmental unit, including all of the following:

AB64-SA6,6,12 (a) A highway, street, bridge, building, or other infrastructure project.

AB64-SA6,6,16 (b) A project erected, constructed, repaired, remodeled, or demolished by one local governmental unit for another local governmental unit under a contract under s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically authorizing cooperation between local governmental units.