SB476: Bill Text

SB476,15,12 85.017 Contracts conditioned on use of labor organizations prohibited. (1) In this section, "labor organization" has the meaning given in s. 5.02 (8m).

SB476,15,15 (2) The secretary shall ensure that the specifications for bids, contracts for construction or maintenance projects entered into by the secretary or the department do not do any of the following:

SB476,15,18 (a) Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

SB476,15,21 (b) Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

SB476,15,24 (c) Require any bidder, contractor or subcontractor to enter into or continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

SB476,15,25 1. Become members of or become affiliated with a labor organization.

SB476,16,3 2. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

SB476,16,8 (3) Any taxpayer of this state or any other person who enters into contracts or subcontracts for construction services subject to sub. (2) may bring an action against the secretary to require compliance with this section. If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

SB476, s. 25 Section 25. 86.31 (2) (b) of the statutes is amended to read:

SB476,16,16 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 are subject to ss. 59.52 (29) (c), 60.47 (5m), 61.55 (3) and 62.15 (15) and shall be awarded on the basis of competitive bids and shall be awarded to the lowest responsible bidder. If a city, village or town does not receive a responsible bid for an improvement, the city, village or town may contract with a county for the improvement.

SB476, s. 26 Section 26. 118.265 of the statutes is created to read:

SB476,16,19 118.265 Contracts with labor organizations. (1) In this section, "labor organization" has the meaning given in s. 5.02 (8m).

SB476,16,22 (2) The school board shall ensure that the specifications for bids and contracts for construction projects entered into by the school board do not do any of the following:

SB476,16,25 (a) Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

SB476,17,3 (b) Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

SB476,17,6 (c) Require any bidder, contractor or subcontractor to enter into or continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

SB476,17,7 1. Become members of or become affiliated with a labor organization.

SB476,17,10 2. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

SB476,17,15 (3) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with sub. (2). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

SB476, s. 27 Section 27. 119.04 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB476,17,25 119.04 (1) Subchapters IV, V and VII of ch. 115, ch. 121 and ss. 66.03 (3) (c), 115.01 (1) and (2), 115.28, 115.31, 115.33, 115.34, 115.343, 115.345, 115.361, 115.38 (2), 115.40, 115.45, 118.001 to 118.04, 118.06, 118.07, 118.10, 118.12, 118.125 to 118.14, 118.145 (4), 118.15, 118.153, 118.16, 118.162, 118.163, 118.18, 118.19, 118.20, 118.24 (1), (2) (c) to (f), (6) and (8), 118.245, 118.255, 118.258, 118.265, 118.30 to 118.43, 118.51, 118.52, 118.55, 120.12 (5) and (15) to (24), 120.125, 120.13 (1), (2) (b) to (g), (3), (14), (17) to (19), (26), (34) and (35) and 120.14 are applicable to a 1st class city school district and board.

SB476, s. 28 Section 28. 229.41 (8m) of the statutes is created to read:

SB476,18,2 229.41 (8m) "Labor organization" has the meaning given in s. 5.02 (8m).

SB476, s. 29 Section 29. 229.44 (4) (d) of the statutes is amended to read:

SB476,18,8 229.44 (4) (d) Enter into contracts. All contracts, the estimated costs of which exceed $30,000 are subject to s. 229.46 (8), except contracts subject to s. 229.46 (5) and contracts for personal or professional services, and shall be subject to bid and shall be awarded to the lowest qualified and competent bidder. The district may reject any bid that is submitted under this paragraph.

SB476, s. 30 Section 30. 229.46 (8) of the statutes is created to read:

SB476,18,12 229.46 (8) (a) The district shall ensure that the specifications for bids and contracts for construction projects entered into under this subchapter do not do any of the following:

SB476,18,15 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

SB476,18,18 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

SB476,18,21 3. Require any bidder, contractor or subcontractor to enter into or continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

SB476,18,22 a. Become members of or become affiliated with a labor organization.

SB476,18,25 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

SB476,19,5 (b) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par (a). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

SB476, s. 31 Section 31. 229.65 (6m) of the statutes is created to read:

SB476,19,7 229.65 (6m) "Labor organization" has the meaning given in s. 5.02 (8m).

SB476, s. 32 Section 32. 229.68 (4) (d) of the statutes is amended to read:

SB476,19,13 229.68 (4) (d) Enter into contracts, subject to s. 229.682 (9) and to such standards as may be established by the district board. The district board may award any such contract for any combination or division of work it designates and, subject to s. 229.682 (9), may consider any factors in awarding a contract, including price, time for completion of work and qualifications and past performance of a contractor.

SB476, s. 33 Section 33. 229.682 (9) of the statutes is created to read:

SB476,19,17 229.682 (9) Contracts with labor organizations. (a) The district shall ensure that the specifications for bids and contracts for construction projects entered into under this subchapter do not do any of the following:

SB476,19,20 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

SB476,19,23 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

SB476,20,3 3. Require any bidder, contractor or subcontractor to enter into or continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

SB476,20,4 a. Become members of or become affiliated with a labor organization.

SB476,20,7 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

SB476,20,12 (b) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par (a). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.

SB476, s. 34 Section 34. Initial applicability.

SB476,20,19 (1) The treatment of sections 61.55 (title), (1) and (3), 62.15 (1e) and (15), 66.20 (3s), 66.24 (5m), 66.88 (5s), 66.904 (6), 85.017, 118.165, 229.41 (8m), 229.44 (4) (d), 229.46 (8), 229.65 (6m), 229.68 (4) (d) and 229.682 (9) of the statutes and the renumbering and amendment of section 61.55 of the statutes first apply to bids and contracts that are let, entered into, extended, modified or renewed on the effective date of this subsection.

SB476,20,20 (End)