AB183: Bill Text

AB183, s. 10 Section 10. 66.0903 (2) (d) of the statutes is renumbered 66.0903 (5) (e).

AB183, s. 11 Section 11. 66.0903 (3) (av) of the statutes is amended to read:

AB183,9,14 66.0903 (3) (av) In determining prevailing wage rates under par. (am) or (ar), the department may not use data from projects that are subject to this section, s. 66.0904, 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. 66.0904, 103.49, or 103.50, or 40 USC 3142.

AB183, s. 12 Section 12. 66.0903 (3) (dm) of the statutes is amended to read:

AB183,9,25 66.0903 (3) (dm) A reference to the prevailing wage rates determined by the department or a local governmental unit exempted under sub. (6) and to the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for the project of public works. If any contract or subcontract for a project of public works is entered into, the prevailing wage rates determined by the department or exempted local governmental unit and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. No person performing the work described in sub. (4) may be paid less than the prevailing wage rate in the same or most similar trade or occupation determined under this subsection; nor may he or she be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay.

AB183, s. 13 Section 13. 66.0903 (4) (b) (intro.) of the statutes is renumbered 66.0903 (4) (b) and amended to read:

AB183,10,18 66.0903 (4) (b) Notwithstanding par. (a) 1., a 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. (3) 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 applies:.

AB183, s. 14 Section 14. 66.0903 (4) (b) 1. of the statutes is repealed.

AB183, s. 15 Section 15. 66.0903 (4) (b) 2. of the statutes is repealed.

AB183, s. 16 Section 16. 66.0903 (4) (d) of the statutes is created to read:

AB183,10,25 66.0903 (4) (d) 1. In this paragraph, "subjourneyperson" means a worker, other than an apprentice, laborer, heavy equipment operator, or truck driver, who primarily works under the direction of, and who assists, a skilled trade employee by frequently using the tools of a specific trade.

AB183,11,2 2. A contractor, subcontractor, or contractor's or subcontractor's agent may employ a subjourneyperson on any project to which this section applies.

AB183, s. 17 Section 17. 66.0903 (4) (e) of the statutes is created to read:

AB183,11,8 66.0903 (4) (e) In performing work on a project to which this section applies, a contractor, subcontractor, or contractor's or subcontractor's agent may employ a laborer, worker, mechanic, or truck driver in incidental work outside of that individual's usual trade or occupation for not more than 25 percent of the hours worked by that individual in a workweek.

AB183, s. 18 Section 18. 66.0903 (5) (a) of the statutes is amended to read:

AB183,11,13 66.0903 (5) (a) A single-trade project of public works for which the estimated project cost of completion is below $25,000 less than $50,000 or a multiple-trade project of public works for which the estimated project cost of completion is less than $250,000.

AB183, s. 19 Section 19. 66.0903 (5) (b) of the statutes is amended to read:

AB183,11,19 66.0903 (5) (b) A Work performed on a project of public works in which the labor for the project is provided by unpaid volunteers for which the local governmental unit contracting for the project is not required to compensate any contractor, subcontractor, contractor's or subcontractor's agent, or individual for performing the work.

AB183, s. 20 Section 20. 66.0903 (5) (f) of the statutes is created to read:

AB183,11,23 66.0903 (5) (f) A project of public works involving the erection, construction, repair, remodeling, or demolition of a residential property containing 2 dwelling units or less.

AB183, s. 21 Section 21. 66.0903 (8) of the statutes is amended to read:

AB183,12,7 66.0903 (8) Posting. For the information of the employees working on the project of public works, the prevailing wage rates determined by the department or exempted local governmental unit, the prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) shall be kept posted by the local governmental unit in at least one conspicuous and easily accessible place on the site of the project or, if there is no common site on the project, at the place normally used by the local governmental unit to post public notices.

AB183, s. 22 Section 22. 66.0903 (10) (am) of the statutes is repealed.

AB183, s. 23 Section 23. 66.0903 (10) (c) of the statutes is amended to read:

AB183,13,2 66.0903 (10) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project of public works 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. (4), 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 the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (4), 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.

AB183, s. 24 Section 24. 66.0903 (11) (a) 1., 3. and 5. of the statutes are consolidated, renumbered 66.0903 (11) (a) and amended to read:

AB183,14,2 66.0903 (11) (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. (3) 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 as provided under subd. 2., 3., whichever is applicable. 3. In addition to or in lieu of recovering the liability specified in subd. 1. as provided in subd. 2., any. 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 may commence an action to recover that liability in any court of competent jurisdiction. If the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate determined by the department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation and an additional amount equal to 100 percent of the amount of those unpaid wages or that unpaid overtime compensation as liquidated damages. 5. No employee may be a party plaintiff to an the action under subd. 3. 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.

AB183, s. 25 Section 25. 66.0903 (11) (a) 2. of the statutes is repealed.

AB183, s. 26 Section 26. 66.0903 (12) (a) of the statutes is amended to read:

AB183,14,18 66.0903 (12) (a) Except as provided under pars. (b) and (c), the department shall notify any local governmental unit applying for a determination under sub. (3) and any local governmental unit exempted 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. (3) 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. A local governmental unit may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or the date of final determination by a court of competent jurisdiction, whichever is later.

AB183, s. 27 Section 27. 66.0904 of the statutes is repealed.

AB183, s. 28 Section 28. 103.49 (1) (am) of the statutes is repealed.

AB183, s. 29 Section 29. 103.49 (1) (bj) of the statutes is amended to read:

AB183,15,3 103.49 (1) (bj) "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; 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.

AB183, s. 30 Section 30. 103.49 (1) (br) of the statutes is created to read:

AB183,15,7 103.49 (1) (br) "Multiple-trade project of public works" means a project of public works in which no single trade accounts for 85 percent or more of the total labor cost of the project.

AB183, s. 31 Section 31. 103.49 (1) (d) 2. of the statutes is amended to read:

AB183,15,18 103.49 (1) (d) 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% of hours worked in that trade or occupation on projects in that area.

AB183, s. 32 Section 32. 103.49 (1) (em) of the statutes is created to read:

AB183,15,22 103.49 (1) (em) "Single-trade project of public works" means a project of public works in which a single trade accounts for 85 percent or more of the total labor cost of the project.

AB183, s. 33 Section 33. 103.49 (1m) (intro.) and (a) of the statutes are consolidated, renumbered 103.49 (1m) and amended to read:

AB183,16,7 103.49 (1m) Applicability. Subject to sub. (3g), this section applies to any project of public works erected, constructed, repaired, remodeled, or demolished for the state or a state agency, other than a highway, street, or bridge construction or maintenance project, including all of the following: (a) A a project erected, constructed, repaired, remodeled, or demolished by one state agency for another state agency under any contract or under any statute specifically authorizing cooperation between state agencies.

AB183, s. 34 Section 34. 103.49 (1m) (b) of the statutes is renumbered 103.49 (3g) (d) and amended to read:

AB183,16,13 103.49 (3g) (d) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or a state agency contracting for the erection, construction, repair, remodeling, or demolition of the facility.

AB183, s. 35 Section 35. 103.49 (1m) (c) of the statutes is renumbered 103.49 (3g) (e) and amended to read:

AB183,16,19 103.49 (3g) (e) A "sanitary sewer" road, street, bridge, sanitary sewer, or water main project in which the completed road, street, bridge, sanitary sewer, or water main is acquired by, or dedicated to, the state for ownership or maintenance by the state.

AB183, s. 36 Section 36. 103.49 (2m) (b) (intro.) of the statutes is renumbered 103.49 (2m) (b) and amended to read:

AB183,17,4 103.49 (2m) (b) Notwithstanding par. (a) 1., a 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. (3) 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 applies:.

AB183, s. 37 Section 37. 103.49 (2m) (b) 1. of the statutes is repealed.

AB183, s. 38 Section 38. 103.49 (2m) (b) 2. of the statutes is repealed.

AB183, s. 39 Section 39. 103.49 (2m) (d) of the statutes is created to read:

AB183,17,11 103.49 (2m) (d) 1. In this paragraph, "subjourneyperson" means a worker, other than an apprentice, laborer, heavy equipment operator, or truck driver, who primarily works under the direction of, and who assists, a skilled trade employee by frequently using the tools of a specific trade.

AB183,17,13 2. A contractor, subcontractor, or contractor's or subcontractor's agent may employ a subjourneyperson on any project to which this section applies.

AB183, s. 40 Section 40. 103.49 (2m) (e) of the statutes is created to read:

AB183,17,19 103.49 (2m) (e) In performing work on a project to which this section applies, a contractor, subcontractor, or contractor's or subcontractor's agent may employ a laborer, worker, mechanic, or truck driver in incidental work outside of that individual's usual trade or occupation for not more than 25 percent of the hours worked by that individual in a workweek.

AB183, s. 41 Section 41. 103.49 (3) (ar) of the statutes is amended to read:

AB183,18,2 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the department may not use data from projects that are subject to this section, s. 66.0903, 66.0904, 103.50, or 229.8275, 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, 66.0904, 103.50, or 229.8275 , or 40 USC 3142.

AB183, s. 42 Section 42. 103.49 (3g) (a) of the statutes is amended to read:

AB183,18,6 103.49 (3g) (a) A single-trade project of public works for which the estimated project cost of completion is less than $25,000 $50,000 or a multiple-trade project of public works for which the estimated project cost of completion is less than $250,000.

AB183, s. 43 Section 43. 103.49 (3g) (b) of the statutes is amended to read:

AB183,18,12 103.49 (3g) (b) A Work performed on a project of public works in which the labor for the project is provided by unpaid volunteers for which the state or the state agency contracting for the project is not required to compensate any contractor, subcontractor, contractor's or subcontractor's agent, or individual for performing the work.

AB183, s. 44 Section 44. 103.49 (3g) (f) of the statutes is created to read:

AB183,18,14 103.49 (3g) (f) A public highway, street, or bridge project.

AB183, s. 45 Section 45. 103.49 (3g) (g) of the statutes is created to read:

AB183,18,18 103.49 (3g) (g) A project of public works involving the erection, construction, repair, remodeling, or demolition of a residential property containing 2 dwelling units or less.

AB183, s. 46 Section 46. 103.49 (5) (am) of the statutes is repealed.

AB183, s. 47 Section 47. 103.49 (5) (c) of the statutes is amended to read:

AB183,19,12 103.49 (5) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project of public works 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. (2m), 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 the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (2m), 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.

AB183, s. 48 Section 48. 103.49 (6m) (ag) of the statutes is repealed.

AB183, s. 49 Section 49. 103.50 (1) (d) 2. of the statutes is amended to read:

AB183,19,21 103.50 (1) (d) 2. If there is no rate at which a majority of the hours worked in the trade or occupation in the area is paid, "prevailing wage rate" 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% of hours worked in that trade or occupation in that area.

AB183, s. 50 Section 50. 103.50 (2m) (b) (intro.) of the statutes is renumbered 103.50 (2m) (b) and amended to read:

AB183,20,6 103.50 (2m) (b) Notwithstanding par. (a) 1., a 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. (3) 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 applies:.

AB183, s. 51 Section 51. 103.50 (2m) (b) 1. of the statutes is repealed.

AB183, s. 52 Section 52. 103.50 (2m) (b) 2. of the statutes is repealed.

AB183, s. 53 Section 53. 103.50 (4m) of the statutes is amended to read:

AB183,20,12 103.50 (4m) Wage rate data. In determining prevailing wage rates for projects that are subject to this section, the department shall use data from projects that are subject to this section, s. 66.0903, 66.0904, or 103.49, or 40 USC 3142.

AB183, s. 54 Section 54. 103.503 (title) of the statutes is amended to read:

AB183,20,15 103.503 (title) Substance abuse prevention on public works and publicly funded projects.

AB183, s. 55 Section 55. 103.503 (1) (a) of the statutes is amended to read:

AB183,20,21 103.503 (1) (a) "Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project.

AB183, s. 56 Section 56. 103.503 (1) (c) of the statutes is amended to read:

AB183,21,2 103.503 (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. 103.49 (1) (f), or an owner or developer under s. 66.0904 that has contracted for the performance of work on a project.

AB183, s. 57 Section 57. 103.503 (1) (e) of the statutes is amended to read:

AB183,21,6 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project.

AB183, s. 58 Section 58. 103.503 (1) (g) of the statutes is amended to read:

AB183,21,10 103.503 (1) (g) "Project" mean means a project of public works that is subject to s. 66.0903 or 103.49 or a publicly funded private construction project that is subject to s. 66.0904.

AB183, s. 59 Section 59. 103.503 (2) of the statutes is amended to read:

AB183,21,18 103.503 (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), 66.0904 (3), or 103.49 (2m) on a 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).