Amendment SA6-AB64

AB64-SA6,41,17 103.503 (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. 16.856 103.49 (1) (h) (f), 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.

AB64-SA6,18 Section 18. 103.503 (1) (e) of the statutes is amended to read:

AB64-SA6,41,21 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m) on a project of public works or on a public utility project.

AB64-SA6,19 Section 19. 103.503 (1) (g) of the statutes is amended to read:

AB64-SA6,42,2 103.503 (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, 2013 stats., if the project were erected, constructed, repaired, remodeled, or demolished prior to January 1, 2017 or 103.49.

AB64-SA6,20 Section 20. 103.503 (2) of the statutes is amended to read:

AB64-SA6,42,11 103.503 (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 s. 16.856 103.49 (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).

AB64-SA6,21 Section 21. 103.503 (3) (a) 2. of the statutes is amended to read:

AB64-SA6,42,20 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (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.

AB64-SA6,22 Section 22. 104.001 (3) of the statutes is renumbered 104.001 (3) (intro.) and amended to read:

AB64-SA6,42,23 104.001 (3) (intro.) This section does not affect an any of the following:

AB64-SA6,43,3 (b) 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.

AB64-SA6,23 Section 23. 104.001 (3) (a) of the statutes is created to read:

AB64-SA6,43,7 104.001 (3) (a) The requirement that employees employed on a public works project contracted for by a city, village, town, or county be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required under s. 66.0903.

AB64-SA6,24 Section 24. 106.04 (1) of the statutes is amended to read:

AB64-SA6,43,11 106.04 (1) Definition. In this section, “project" means a project of public works that is subject to s. 16.856 or 84.062 103.49 or 103.50 in which work is performed by employees employed in trades that are apprenticeable under this subchapter.

AB64-SA6,25 Section 25. 109.09 (1) of the statutes is amended to read:

AB64-SA6,44,9 109.09 (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 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 s. ss. 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.

AB64-SA6,26 Section 26. 111.322 (2m) (a) of the statutes is amended to read:

AB64-SA6,44,14 111.322 (2m) (a) The individual files a complaint or attempts to enforce any right under s. 103.02, 103.10, 103.11, 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.

AB64-SA6,27 Section 27. 111.322 (2m) (b) of the statutes is amended to read:

AB64-SA6,44,19 111.322 (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, 103.11, 103.13, 103.28, 103.32, 103.34, 103.50, 103.455, 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.

AB64-SA6,28 Section 28. 111.322 (2m) (c) of the statutes is amended to read:

AB64-SA6,44,23 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right under s. 16.856 or 84.062 66.0903, 103.49, or 229.8275 or testifies or assists in any action or proceeding under s. 16.856 or 84.062 66.0903, 103.49, or 229.8275.

AB64-SA6,29 Section 29. 227.01 (13) (t) of the statutes is created to read:

AB64-SA6,45,4 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50, and 229.8275, except that any action or inaction which ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.

AB64-SA6,30 Section 30. 229.682 (2) of the statutes is created to read:

AB64-SA6,45,7 229.682 (2) Prevailing wage. The construction of a baseball park facility that is financed in whole or in part by a district is subject to s. 66.0903.

AB64-SA6,31 Section 31. 229.8275 of the statutes is created to read:

AB64-SA6,45,14 229.8275 Prevailing wage. A district may not enter into a contract under s. 229.827 with a professional football team, as described in s. 229.823, or a related party that requires the team or related party to acquire and construct or renovate football stadium facilities that are part of any facilities that are leased by the district to the team or to a related party unless the professional football team or related party agrees as follows:

AB64-SA6,45,20 (1) Not to permit any employee working on the football stadium facilities who would be entitled to receive the prevailing wage rate under s. 66.0903 and who would not be required or permitted to work more than the prevailing hours of labor, if the football stadium facilities were a project of public works subject to s. 66.0903, to be paid less than the prevailing wage rate or to be required or permitted to work more than the prevailing hours of labor, except as permitted under s. 66.0903 (4) (a).

AB64-SA6,45,25 (2) To require any contractor, subcontractor, or agent thereof performing work on the football stadium facilities to keep and permit inspection of records in the same manner as a contractor, subcontractor, or agent thereof performing work on a project of public works that is subject to s. 66.0903 is required to keep and permit inspection of records under s. 66.0903 (10).

AB64-SA6,46,7 (3) Otherwise to comply with s. 66.0903 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of a project of public works is required to comply with s. 66.0903 and to require any contractor, subcontractor, or agent thereof performing work on the football stadium facilities to comply with s. 66.0903 in the same manner as a contractor, subcontractor, or agent thereof performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 66.0903.

AB64-SA6,32 Section 32. 946.15 of the statutes is repealed and recreated to read:

AB64-SA6,46,22 946.15 Public construction contracts at less than full rate. (1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.

AB64-SA6,47,10 (2) Any person employed pursuant to a public contract, as defined in s. 66.0901 (1) (c), or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.

AB64-SA6,47,19 (3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB64-SA6,48,2 (4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB64-SA6,33 Section 33. 978.05 (6) (a) of the statutes is amended to read:

AB64-SA6,48,16 978.05 (6) (a) Institute, commence, or appear in all civil actions or special proceedings under and perform the duties set forth for the district attorney under ch. 980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 84.062 103.50 (8), 89.08, 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in connection with court proceedings in a court assigned to exercise jurisdiction under chs. 48 and 938 as the judge may request and perform all appropriate duties and appear if the district attorney is designated in specific statutes, including matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits the authority of the county board to designate, under s. 48.09 (5), that the corporation counsel provide representation as specified in s. 48.09 (5) or to designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the interests of the public under s. 48.14 or 938.14.

AB64-SA6,34 Section 34. Initial applicability.

AB64-SA6,48,22 (1) Prevailing wage. The appropriate provisions regarding prevailing wage first apply, with respect to a project of public works that is subject to bidding, to a project for which the request for bids is issued on the effective date of this subsection and, with respect to a project of public works that is not subject to bidding, to a project the contract for which is entered into on the effective date of this subsection.

AB64-SA6,49,3 (2) Discrimination. The treatment of sections 66.0903 (10) (d), 111.322 (2m) (c), and 229.8275 of the statutes first applies to acts of discrimination that occur on the effective date of this subsection.”.

AB64-SA6,49,4 (End)