AB75: Bill Text

AB75,729,2 2. All laborers, workers, mechanics, and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of a publicly funded private construction project that is subject to this section or from a facility dedicated exclusively, or nearly so, to a publicly funded private construction project that is subject to this section by a contractor, subcontractor, agent, or other person performing any work on the site of the project.

AB75,729,9 (b) Notwithstanding par. (a) 1., a laborer, worker, mechanic, or truck driver who is regularly employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products is not entitled to receive the prevailing wage rate determined under sub. (4) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following apply:

AB75,729,16 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a publicly funded private construction project that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle.

AB75,729,20 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a publicly funded private construction project that is subject to this section, pick up excavated material or spoil from the site of the project, and transport that excavated material or spoil away from the site of the project.

AB75,729,22 (c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of his or her truck.

AB75,730,15 (4) Investigation; determination. (a) Before the owner or developer of any publicly funded private construction project enters into a contract or solicits bids on a contract for the performance of any work to which this section applies, the owner or developer shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work under contemplation in the area in which the work is to be done. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on publicly funded private construction projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the owner or developer applying for the determination and with the local governmental unit providing financial assistance for the project. For the information of the employes working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of subs. (2) and (9) shall be kept posted by the owner or developer in at least one conspicuous and easily accessible place on the site of the project.

AB75,730,23 (b) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a publicly funded private construction project that is subject to this section extends into more than one area there shall be but one standard of prevailing wage rates for the entire private construction project.

AB75,731,4 (c) In determining prevailing wage rates under par. (a) or (b), the department may not use data from projects that are subject to this section, s. 66.0903, 103.49, or 103.50 or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 103.49, or 103.50 or 40 USC 3142.

AB75,731,13 (d) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by persons working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

AB75,732,2 (e) In addition to the recalculation under par. (d), the owner or developer that requested the determination under this subsection may request a review of any portion of the determination within 30 days after the date of issuance of the determination if the owner or developer submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the determination does not represent the prevailing wage rate for that trade or occupation in the city, village, or town in which the proposed publicly funded private construction project is located. That evidence shall include wage rate information for the contested trade or occupation on at least 3 similar projects located in the city, village, or town where the proposed publicly funded private construction project is located on which some work has been performed during the current survey period and which were considered by the department in issuing its most recent compilation under par. (b). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review.

AB75,732,5 (5) Nonapplicability. This section does not apply to any publicly funded private construction project for which the estimated cost of completion is less than $2,000.

AB75,732,12 (6) Exemptions. The department, upon petition of any owner or developer contracting for a publicly funded private construction project that is subject to this section, shall issue an order exempting the owner or developer from applying to the department for a determination under sub. (4) when it is shown that the project is also subject to an ordinance or other enactment of a local governmental unit that sets forth standards, policy, procedure, and practice resulting in standards as high or higher than those under this section.

AB75,732,21 (7) Compliance. (a) When the department finds that an owner or developer has not requested a determination under sub. (4) (a) or that an owner, developer, contractor, or subcontractor has not physically incorporated a determination into a contract or subcontract as required under sub. (2) (b) or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under sub. (2) (b), the department shall notify the owner, developer, contractor, or subcontractor of the noncompliance and shall file the determination with the owner, developer, contractor, or subcontractor within 30 days after the notice.

AB75,733,2 (b) Upon completion of a publicly funded private construction project that is subject to this section and before receiving final payment for his or her work on the private construction project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until the affidavit is filed in proper form and order.

AB75,733,18 (c) Upon completion of a publicly funded private construction project that is subject to this section and before receiving final payment for his or her work on the project, each contractor shall file with the owner or developer contracting for the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. An owner or developer may not authorize a final payment until the affidavit is filed in proper form and order. If an owner or developer authorizes a final payment before the affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person performing the work specified in sub. (3) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the owner or developer withhold all or part of the final payment, but the owner or developer fails to do so, the owner or developer is liable for all back wages payable up to the amount of the final payment.

AB75,734,4 (8) Records; inspection; enforcement. (a) Each contractor, subcontractor, or agent performing work on a publicly funded private construction project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (3) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. By no later than the end of the week following a week in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project that is subject to this section, the contractor, subcontractor, or agent shall submit to the contracting owner or developer a certified record of the information specified in the preceding sentence for that preceding week.

AB75,734,16 (b) The department or the local governmental unit providing financial assistance for a publicly funded private construction project may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep, and furnish upon request by the department or local governmental unit, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (3) for work to which this section applies. The department may inspect records in the manner provided in ch. 103. Every contractor, subcontractor, or agent performing work on a publicly funded private construction project that is subject to this section is subject to the requirements of ch. 103 relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB75,735,8 (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or contractor's or subcontractor's agent performing work on a publicly funded private construction project that is subject to this section to ensure compliance with this section. In the case of a request made by a person performing the work specified in sub. (3), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request if frivolous, the department shall charge the person making the request the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (3), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed.

AB75,735,14 (d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except that s. 103.005 (12) (a) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (4) (a) or (b). Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section, including proceedings under sub. (9) (a).

AB75,736,2 (9) Liability and penalties. (a) Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the department under sub. (4) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional equal amount as liquidated damages. An action to recover the liability may be maintained in any court of competent jurisdiction by any employee for and in behalf of that employee and other employees similarly situated. No employee may be a party plaintiff to the action unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.

AB75,736,6 (b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any violation continues is considered a separate offense.

AB75,736,14 2. Whoever induces any person who seeks to be or is employed on any publicly funded private construction project that is subject to this section to give up, waive, or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person 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, by threat not to employ, by threat of dismissal from employment, or by any other means is guilty of an offense under s. 946.15 (1).

AB75,736,24 3. Any person employed on a publicly funded private construction project that is subject to this section who knowingly permits a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the 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).

AB75,737,6 4. Whoever induces any person who seeks to be or is employed on any publicly funded private construction project that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), 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.

AB75,737,12 5. Any person employed on a publicly funded private construction 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 the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), 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.

AB75,737,15 6. Subdivision 1. does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (4) (a) or (b).

AB75,738,4 (10) Debarment. (a) Except as provided under pars. (b) and (c), the department shall notify any owner or developer applying for a determination under sub. (4) and any owner or developer that is exempt under sub. (6) of the names of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (4) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor at any time in the preceding 3 years. The department shall include with each name the address of the person and shall specify when the person failed to pay the prevailing wage rate and when the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. An owner or developer may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date on which the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

AB75,738,9 (b) The department may not include in a notification under par. (a) the name of any person on the basis of having let work to a person whom the department has found to have failed to pay the prevailing wage rate determined under sub. (4) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.

AB75,738,14 (c) This subsection does not apply to any contractor, subcontractor, or contractor's or subcontractor's or agent that in good faith commits a minor violation of this section, as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or that has not exhausted or waived all appeals.

AB75,738,24 (d) Any person submitting a bid or negotiating a contract on a publicly funded private construction project that is subject to this section shall, on the date on which the person submits the bid, identify any construction business in which the person, or a shareholder, officer, or partner of the person, if the person is a business, owns, or has owned at least a 25 percent interest on the date the person submits the bid or at any other time within 3 years preceding the date on which the person submits the bid or negotiates the contract, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (4) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.

AB75,738,25 (e) The department shall promulgate rules to administer this subsection.

AB75, s. 1488 Section 1488. 66.1039 of the statutes is created to read:

AB75,739,2 66.1039 Transit authorities. (1) Definitions. In this section:

AB75,739,3 (a) "Authority" means a transit authority created under this section.

AB75,739,5 (b) "Bonds" means any bonds, interim certificates, notes, debentures, or other obligations of an authority issued under this section.

AB75,739,6 (c) "Common carrier" means any of the following:

AB75,739,7 1. A common motor carrier, as defined in s. 194.01 (1).

AB75,739,8 2. A contract motor carrier, as defined in s. 194.01 (2).

AB75,739,9 3. A railroad subject to ch. 195, as described in s. 195.02 (1) and (3).

AB75,739,10 4. A water carrier, as defined in s. 195.02 (5).

AB75,739,15 (d) "Comprehensive unified local transportation system" means a transportation system that is comprised of motor bus lines and any other local public transportation facilities, the major portion of which is located within, or the major portion of the service of which is supplied to the inhabitants of, the jurisdictional area of the authority.

AB75,739,17 (e) "Madison metropolitan planning area" means the metropolitan planning area, as defined in 23 USC 134 (b) (1), that includes the city of Madison.

AB75,739,18 (f) "Municipality" means any city, village, or town.

AB75,739,21 (g) "Participating political subdivision" means a political subdivision that is a member of an authority, either from the time of creation of the authority or by later joining the authority.

AB75,739,22 (h) "Political subdivision" means a municipality or county.

AB75,740,7 (i) "Transportation system" means all land, shops, structures, equipment, property, franchises, and rights of whatever nature required for transportation of passengers within the jurisdictional area of the authority and, only to the extent specifically authorized under this section, outside the jurisdictional area of the authority. "Transportation system" includes elevated railroads, subways, underground railroads, motor vehicles, motor buses, and any combination thereof, and any other form of mass transportation, but does not include transportation excluded from the definition of "common motor carrier" under s. 194.01 (1) or charter or contract operations to, from, or between points that are outside the jurisdictional area of the authority.

AB75,740,10 (j) "Urbanized Fox Cities metropolitan planning area" means the urbanized area, as defined in 23 USC 134 (b) (6), of the metropolitan planning area, as defined in 23 USC 134 (b) (1), that includes the city of Appleton.

AB75,740,17 (2) Creation of transit authorities. (a) Southeast regional transit authority. 1. The southeast regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Milwaukee County or Kenosha County, or of any municipality located in whole or in part within that portion of Racine County east of I 94, adopts a resolution authorizing the county or municipality to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.

AB75,740,23 2. After an authority is created under subd. 1., any of the counties of Kenosha, Milwaukee, and Racine, and any municipality located in whole or in part within that portion of Racine County east of I 94, if the county or municipality is not already a member of the authority as provided under subd. 1., may join the authority created under subd. 1. if the governing body of the county or municipality adopts a resolution to join the authority.

AB75,741,3 3. If Milwaukee County or Kenosha County adopts a resolution under subd. 1. or 2., any municipality located in whole or in part within Milwaukee County or Kenosha County, respectively, shall be a member of the authority.

AB75,741,6 4. Any of the counties of Waukesha, Ozaukee, and Washington may join the authority created under subd. 1. if the governing body of the county adopts a resolution to join the authority.

AB75,741,10 5. Any municipality located in whole or in part within Waukesha County, Ozaukee County, or Washington County may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality's joinder.

AB75,741,13 6. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the combined territorial boundaries of any county or municipality that adopts a resolution under subd. 1., 2., 4., or 5.

AB75,741,19 (b) Dane County regional transit authority. 1. The Dane County regional transit authority, a public body corporate and politic and a separate governmental entity, is created if the governing body of Dane County adopts a resolution authorizing the county to become a member of the authority. Once created, this authority may transact business and exercise any powers granted to it under this section.

AB75,741,22 2. If Dane County adopts a resolution under subd. 1., any municipality located in whole or in part within the Madison metropolitan planning area shall be a member of the authority.

AB75,742,2 3. Any municipality located in whole or in part within Dane County that is not located in whole or in part within the Madison metropolitan planning area may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality's joinder.

AB75,742,5 4. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the Madison metropolitan planning area combined with the territorial boundaries of all municipalities that join the authority under subd. 3.

AB75,742,11 (c) Fox Cities regional transit authority. 1. There is created the Fox Cities regional transit authority, a public body corporate and politic and a separate governmental entity, consisting of the counties of Outagamie, Calumet, and Winnebago and any municipality located in whole or in part within the urbanized Fox Cities metropolitan planning area. This authority may transact business and exercise any powers granted to it under this section.

AB75,742,17 2. Any municipality located in whole or in part within Outagamie County, Calumet County, or Winnebago County that is not located in whole or in part within the urbanized Fox Cities metropolitan planning area may join the authority created under subd. 1. if the governing body of the municipality adopts a resolution to join the authority and the board of directors of the authority approves the municipality's joinder.

AB75,742,21 3. The jurisdictional area of the authority created under this paragraph is the geographic area formed by the urbanized Fox Cities metropolitan planning area combined with the territorial boundaries of all municipalities that join the authority under subd. 2.

AB75,743,2 (3) Transit authority governance. (a) The powers of an authority shall be vested in its board of directors. Directors shall be appointed for 4-year terms. A majority of the board of directors' full authorized membership constitutes a quorum for the purpose of conducting the authority's business and exercising its powers. Action may be taken by the board of directors upon a vote of a majority of the directors present and voting, unless the bylaws of the authority require a larger number.

AB75,743,4 (b) If an authority is created under sub. (2) (a), the board of directors of the authority consists of the following members:

AB75,743,8 1. If Kenosha County adopts a resolution under sub. (2) (a) 1. or 2., one member from Kenosha County, appointed by the county executive and approved by the county board, and one member from the city of Kenosha, appointed by the mayor and approved by the common council.

AB75,743,12 2. If Milwaukee County adopts a resolution under sub. (2) (a) 1. or 2., one member from Milwaukee County, appointed by the county executive and approved by the county board, and one member from the city of Milwaukee, appointed by the mayor and approved by the common council.

AB75,743,14 3. If the city of Racine adopts a resolution under sub. (2) (a) 1. or 2., one member from the city of Racine, appointed by the mayor and approved by the common council.

AB75,743,19 4. Two members from the jurisdictional area of the authority, by the governor appointed. If Milwaukee County adopts a resolution under sub. (2) (a) 1. or 2., one of the members appointed by the governor under this subdivision shall be from Milwaukee County, for any term commencing after Milwaukee County has adopted the resolution.

AB75,743,23 5. One member from each county that joins the authority under sub. (2) (a) 4., appointed by the county executive of the county and approved by the county board except that, if the county does not have an elected county executive, the member shall be appointed by the county board chairperson and approved by the county board.

AB75,744,2 6. One member from each city with a population of more than 60,000 that either adopts a resolution under sub. (2) (a) 5. or is located in a county that has joined the authority under sub. (2) (a) 4., appointed by the mayor of each such city and approved by the common council.

AB75,744,4 (c) If an authority is created under sub. (2) (b), the board of directors of the authority consists of the following members:

AB75,744,6 1. Two members from the Madison metropolitan planning area, appointed by the county executive and approved by the county board.

AB75,744,8 2. Two members appointed by the mayor of the city of Madison and approved by the common council.

AB75,744,9 3. One member appointed by the governor.

AB75,744,12 4. One member from each city with a population of more than 20,000 located in Dane County, appointed by the mayor of each such city and approved by the common council.

AB75,744,14 (d) The board of directors of the authority created under sub. (2) (c) consists of the following members:

AB75,744,19 1. Three members, one each from the counties of Outagamie, Calumet, and Winnebago, appointed by the county executive of each county and approved by the county board except that, if the county does not have an elected county executive, the member shall be appointed by the county board chairperson and approved by the county board.

AB75,744,21 2. Two members, one each from the cities of Appleton and Neenah, appointed by the mayor of each such city and approved by the common council.

AB75,744,23 3. One member from the town of Grand Chute, appointed by the town board chairperson and approved by the town board.

AB75,744,24 4. One member appointed by the governor.

AB75,744,25 5. One member appointed as provided in par. (e).

AB75,745,1 6. One member appointed as provided in par. (f).

AB75,745,4 (e) 1. Board membership under par. (d) 5. shall follow a rotating order of succession, commencing as specified in subds. 2. and 3. and, after June 30, 2017, repeating in the same order and by the same selection process.

AB75,745,8 2. For the term commencing on the effective date of this subdivision and expiring on June 30, 2013, the member specified in par. (d) 5. shall be from the town of Menasha and shall be appointed by the town board chairperson and approved by the town board.

AB75,745,11 3. For the term commencing on July 1, 2013 and expiring on June 30, 2017, the member specified in par. (d) 5. shall be from the city of Menasha and shall be appointed by the mayor of the city and approved by the common council.

AB75,745,14 (f) 1. Board membership under par. (d) 6. shall follow a rotating order of succession, commencing as specified in subds. 2. to 5. and, after June 30, 2025, repeating in the same order and by the same selection process.

AB75,745,18 2. For the term commencing on the effective date of this subdivision and expiring on June 30, 2013, the member specified in par. (d) 6. shall be from the city of Kaukauna and shall be appointed by the mayor of the city and approved by the common council.

AB75,745,21 3. For the term commencing on July 1, 2013 and expiring on June 30, 2017, the member specified in par. (d) 6. shall be from the village of Kimberly and shall be appointed by the village president and approved by the village board.

AB75,745,24 4. For the term commencing on July 1, 2017 and expiring on June 30, 2021, the member specified in par. (d) 6. shall be from the village of Little Chute and shall be appointed by the village president and approved by the village board.

AB75,746,3 5. For the term commencing on July 1, 2021 and expiring on June 30, 2025, the member specified in par. (d) 6. shall be from the town of Buchanan and shall be appointed by the town board chairperson and approved by the town board.

AB75,746,6 (g) The bylaws of an authority shall govern its management, operations, and administration, consistent with the provisions of this section, and shall include provisions specifying all of the following: