AB632: Bill Text

AB632,41,3 103.50 (3g) Nonapplicability. This section does not apply to any project described in sub. (2) that is subject to 40 USC 276a.

AB632, s. 67 Section 67. 103.50 (4) of the statutes is amended to read:

AB632,41,20 103.50 (4) (title) Certification of prevailing wage rates and hours and wages of labor. The department of industry, labor and human relations shall prior to May 1 of the current each calendar year certify to the department of transportation the prevailing hours of labor, the prevailing wage rate rates and the hourly basic rate of pay for all such classes of laborers and mechanics prevailing hours of labor in each area for all trades or occupations commonly employed in the highway construction industry. The certification shall in addition to the current prevailing hours of labor, the prevailing wage rates and the hourly basic rates of pay prevailing hours of labor include future hours and prevailing wage rates and prevailing hours of labor when such hours and prevailing wage rates and prevailing hours of labor can be determined for any such classes of laborers and mechanics trade or occupation in any area and shall specifically set forth specify the effective dates thereof when date of certification of those future hours and rates are certified prevailing wage rates and prevailing hours of labor. If a construction project extends into more than one area there shall be but one standard of hours of labor and prevailing wage rates and prevailing hours of labor for the entire project.

AB632, s. 68 Section 68. 103.50 (5) of the statutes is amended to read:

AB632,42,2 103.50 (5) Appeals to governor. If the department of transportation deems considers any determination of the department of industry, labor and human relations as to the prevailing hours of labor, prevailing wage rates and the hourly basic rates of pay prevailing hours of labor in an area to have been incorrect, it may appeal to the governor, whose determination shall be final.

AB632, s. 69 Section 69. 103.50 (6) of the statutes is amended to read:

AB632,42,16 103.50 (6) Contents of contracts. The prevailing hours of labor, the prevailing wage rates and the hourly basic rates of pay and classifications for all labor as certified by the department shall be specifically set forth in the proposals and contracts for each highway construction contract to which the state is a party prevailing hours of labor determined under sub. (3) 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 and prevailing hours of labor determined under sub. (3) shall be physically incorporated into and made a part of the contract or any subcontract, and may not be changed during the time that the contract or subcontract is in force and shall, together with the provisions of sub. subs. (2) and (7), be kept posted on the project by the employer department of transportation in at least one conspicuous place for the information of employes working on the project.

AB632, s. 70 Section 70. 103.50 (7) (a) of the statutes is amended to read:

AB632,42,21 103.50 (7) (a) Except as provided in par. pars. (b) and (d), any contractor, subcontractor or agent thereof who violates this section may be fined not less than $50 nor more than $200 or imprisoned for not more than 18 6 months or both. Each day that any such violation continues shall be deemed considered a separate offense.

AB632, s. 71 Section 71. 103.50 (7) (b) of the statutes is amended to read:

AB632,43,6 103.50 (7) (b) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up or forego, waive or return any part of the wages to which he or she the individual is entitled under the contract governing such project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from such employment or by any other means is guilty of an offense under s. 946.15 (1).

AB632, s. 72 Section 72. 103.50 (7) (c) of the statutes is amended to read:

AB632,43,16 103.50 (7) (c) Any person employed on a project under a contract that is subject to this section who knowingly permits the a contractor or, subcontractor or agent thereof to pay him or her less than the prevailing wage rate set forth in the contract, or governing such project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

AB632, s. 73 Section 73. 103.50 (7) (d) and (e) of the statutes are created to read:

AB632,43,25 103.50 (7) (d) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the individual is entitled under the contract governing such project to be deducted from the individual's pay and deposited with a labor organization for the purpose of subsidizing bids on other projects by threat not to employ or admit to labor organization membership, by threat of dismissal from such employment or labor organization membership or by any other means is guilty of an offense under s. 946.15 (3).

AB632,44,5 (e) Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such project to be deducted from his or her pay and deposited with a labor organization for the purpose of subsidizing bids on other projects is guilty of an offense under s. 946.15 (4).

AB632, s. 74 Section 74. 103.50 (8) of the statutes is amended to read:

AB632,44,17 103.50 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2) and (6). The department of transportation may demand and examine, and every contractor and, subcontractor and agent thereof shall furnish, copies of any payrolls and it may examine all other records and information relating to hours of work and the wages paid laborers and mechanics on the to persons specified in sub. (2m) for work to which this section is applicable. 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 make such investigation 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.

AB632, s. 75 Section 75. 227.01 (13) (t) of the statutes is amended to read:

AB632,44,24 227.01 (13) (t) Ascertains and determines prevailing hours of labor, wage rates and truck rental rates under s. 103.50 and prevailing wage rates and prevailing hours of labor under s. ss. 103.49 and 103.50, except that any action or inaction which ascertains and determines prevailing hours of labor, wage rates and truck rental rates prevailing hours of labor under ss. 103.49 and 103.50 is subject to judicial review under s. 227.40.

AB632, s. 76 Section 76. 946.15 (1) of the statutes is amended to read:

AB632,45,14 946.15 (1) Any employer, or any agent or employe of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been established made by the department of industry, labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) 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 determination made by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project on which a prevailing wage rate determination has not been made under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the employe works both on a project on which a prevailing wage rate determination has been made and on a project on which a prevailing wage rate determination has not been made, is guilty of a Class E felony.

AB632, s. 77 Section 77. 946.15 (2) of the statutes is amended to read:

AB632,46,4 946.15 (2) Any person employed pursuant to a public contract as defined in s. 66.29 (1) (c) or employed on a project on which a prevailing wage rate determination has been established made by the department of industry, labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who gives up, waives or returns to the employer or agent of the employer any part of the compensation to which the employe is entitled under his or her contract of employment or under the prevailing wage determination made by the department or local governmental unit, 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 made under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been made and part-time on a project on which a prevailing wage rate determination has not been made, is guilty of a Class C misdemeanor.

AB632, s. 78 Section 78. 946.15 (3) of the statutes is created to read:

AB632,46,15 946.15 (3) Any employer or labor organization, or any agent or employe 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 made by the department of industry, labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination made by the department or local governmental unit to be deducted from the person's pay and deposited with the labor organization for the purpose of subsidizing bids on other projects is guilty of a Class E felony.

AB632, s. 79 Section 79. 946.15 (4) of the statutes is created to read:

AB632,46,24 946.15 (4) Any person employed on a project on which a prevailing wage rate determination has been made by the department of industry, labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination made by the department or local governmental unit to be deducted from his or her pay and deposited with a labor organization for the purpose of subsidizing bids on other projects is guilty of a Class C misdemeanor.

AB632, s. 80 Section 80 . Nonstatutory provisions.

AB632,47,11 (1)  Certification of prevailing wage rates and hours of labor. Notwithstanding section 103.50 (4) of the statutes, as affected by this act, the department of industry, labor and human relations shall certify to the department of transportation, within 90 days after the effective date of this subsection, the prevailing hours of labor, as defined in section 103.49 (1) (c) of the statutes, as affected by this act, and the prevailing wage rate, as defined in section 103.49 (1) (d) of the statutes, as affected by this act, for all trades or occupations that are commonly employed in the highway construction industry in each area, as defined in section 103.49 (1) (a) of the statutes, as affected by this act, of the state in accordance with the methodologies provided in section 103.49 (1) (c) and (d) of the statutes, as affected by this act.

AB632, s. 81 Section 81. Initial applicability.

AB632,47,17 (1)   Collective bargaining agreements. This act first applies to an employe covered by a collective bargaining agreement that is in effect on the effective date of this subsection that contains provisions that are inconsistent with this act on the day after the collective bargaining agreement expires or on the day that the collective bargaining agreement is modified, extended or renewed.

AB632,47,24 (2)  State highway projects. Subject to subsection (1) , the prevailing hours of labor and prevailing wage rates certified by the department of industry, labor and human relations under Section 80 of this act first apply to work performed on a project that is subject to section 103.50 of the statutes, as affected by this act, 60 days after the date on which the department of transportation receives those certified prevailing hours of labor and prevailing wage rates from the department of industry, labor and human relations.

AB632, s. 82 Section 82. Effective dates. This act takes effect on the day after publication, except as follows:

AB632,48,4 (1)  The repeal and recreation of sections 66.293 (5) and 103.49 (3g) of the statutes takes effect on January 1, 1999.

AB632,48,5 (End)