LRB-0698/3
MED&GMM:wlj:rs
2015 - 2016 LEGISLATURE
February 17, 2015 - Introduced by Representatives Hutton, Sanfelippo, Jacque,
Knodl, Kapenga, Craig, Kooyenga, Allen, August, Ballweg, Bernier, Born,
Brandtjen, E. Brooks, R. Brooks, Czaja, Gannon, Jagler, Jarchow, Katsma,
Kleefisch, Knudson, Kremer, Kuglitsch, Kulp, T. Larson, Neylon, J. Ott,
Petersen, Schraa, Skowronski, Swearingen, Thiesfeldt, Tittl and
Weatherston, cosponsored by Senators Vukmir, Nass, Wanggaard, Lasee,
LeMahieu and Moulton. Referred to Committee on Labor.
AB32,2,2 1An Act to repeal 19.36 (12), 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and
2(im), 66.0903 (1m) (a) 1. to 3., 66.0903 (2) to (12), 84.41 (3), 103.49, 103.50,
3104.001 (3) (a), 106.04, 111.322 (2m) (c), 227.01 (13) (t), 229.682 (2), 229.8275
4and 946.15; to renumber and amend 66.0903 (1m) (a) (intro.); to
5consolidate, renumber and amend
104.001 (3) (intro.) and (b); to amend
619.36 (3), 59.20 (3) (a), 66.0129 (5), 66.0903 (1) (c), 66.0903 (1) (f), 66.0903 (1)
7(j), 66.0903 (1m) (b), 103.005 (12) (a), 103.503 (1) (a), 103.503 (1) (c), 103.503 (1)
8(e), 103.503 (1) (g), 103.503 (2), 103.503 (3) (a) 2., 109.09 (1), 111.322 (2m) (a),
9111.322 (2m) (b), 111.322 (2m) (d), 230.13 (1) (intro.), 233.13 (intro.) and 978.05
10(6) (a); and to repeal and recreate 66.0903 (title) and 66.0903 (1) (g) of the
11statutes; relating to: elimination of the requirement that laborers, workers,

1mechanics, and truck drivers employed on the site of a project of public works
2be paid the prevailing wage.
Analysis by the Legislative Reference Bureau
Generally, under the current prevailing wage laws, laborers, workers,
mechanics, and truck drivers employed on the site of certain projects of public works
1) must be paid at the rate paid for a majority of the hours worked in the person's
trade or occupation in the area in which the project is located, as determined by the
Department of Workforce Development; and 2) may not be required or permitted to
work a greater number of hours per day and per week than the prevailing hours of
labor, which is no more than 10 hours per day and 40 hours per week, unless they
are paid 1.5 times their basic rate of pay (commonly referred to as overtime pay) for
all hours worked in excess of the prevailing hours of labor. The prevailing wage laws
include three separate laws: one that applies to certain projects of public works to
which the state or any state agency is a party (state prevailing wage law), one that
applies to certain projects of public works undertaken by local governments (local
prevailing wage law), and one that applies to projects under a contract based on bids
to which the state is a party for the construction or improvement of highways
(highway prevailing wage law). Projects to which the prevailing wage laws do not
apply include: 1) single-trade projects of public works for which the estimated
project cost of completion is less than $48,000; 2) multiple-trade projects of public
works for which the estimated project cost of completion is less than $100,000; and
3) with respect to the local prevailing wage law, multiple-trade projects of public
works erected, constructed, repaired, remodeled, or demolished by a private
contractor for a city or village having a population of less than 2,500 or for a town for
which the estimated project cost of completion is less than $234,000. Also under
current law, no local government may enact or administer a prevailing wage law
ordinance or any similar ordinance.
This bill eliminates the state prevailing wage law, the local prevailing wage law,
and the highway prevailing wage law but retains the prohibition against local
governments enacting or administrating their own prevailing wage laws or similar
ordinances.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB32,1 3Section 1. 19.36 (3) of the statutes is amended to read:
AB32,3,6
119.36 (3) Contractors' records. Subject to sub. (12), each Each authority shall
2make available for inspection and copying under s. 19.35 (1) any record produced or
3collected under a contract entered into by the authority with a person other than an
4authority to the same extent as if the record were maintained by the authority. This
5subsection does not apply to the inspection or copying of a record under s. 19.35 (1)
6(am).
AB32,2 7Section 2. 19.36 (12) of the statutes is repealed.
AB32,3 8Section 3. 59.20 (3) (a) of the statutes is amended to read:
AB32,3,209 59.20 (3) (a) Every sheriff, clerk of the circuit court, register of deeds, treasurer,
10comptroller, register of probate, clerk, and county surveyor shall keep his or her office
11at the county seat in the offices provided by the county or by special provision of law;
12or if there is none, then at such place as the board directs. The board may also require
13any elective or appointive county official to keep his or her office at the county seat
14in an office to be provided by the county. All such officers shall keep their offices open
15during the usual business hours of any day except Sunday, as the board directs. With
16proper care, the officers shall open to the examination of any person all books and
17papers required to be kept in his or her office and permit any person so examining
18to take notes and copies of such books, records, papers, or minutes therefrom except
19as authorized in par. (c) and ss. 19.36 (10) to (12) and (11) and 19.59 (3) (d) or under
20ch. 69.
AB32,4 21Section 4. 66.0129 (5) of the statutes is amended to read:
AB32,4,222 66.0129 (5) Bids for construction. The nonprofit corporation shall let all
23contracts exceeding $1,000 for the construction, maintenance or repair of hospital
24facilities to the lowest responsible bidder after advertising for bids by the publication

1of a class 2 notice under ch. 985. Sections Section 66.0901 and 66.0903 apply applies
2to bids and contracts under this subsection.
AB32,5 3Section 5. 66.0903 (title) of the statutes is repealed and recreated to read:
AB32,4,4 466.0903 (title) Prevailing wage.
AB32,6 5Section 6. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the
6statutes are repealed.
AB32,7 7Section 7. 66.0903 (1) (c) of the statutes is amended to read:
AB32,4,98 66.0903 (1) (c) "Hourly basic rate of pay" has the meaning given in s. 103.49
9(1) (b), 2013 stats.
AB32,8 10Section 8. 66.0903 (1) (f) of the statutes is amended to read:
AB32,4,1211 66.0903 (1) (f) "Prevailing hours of labor" has the meaning given in s. 103.49
12(1) (c), 2013 stats.
AB32,9 13Section 9. 66.0903 (1) (g) of the statutes is repealed and recreated to read:
AB32,4,1514 66.0903 (1) (g) "Prevailing wage rate" has the meaning given in s. 66.0903 (1)
15(g), 2013 stats.
AB32,10 16Section 10. 66.0903 (1) (j) of the statutes is amended to read:
AB32,4,1817 66.0903 (1) (j) "Truck driver" has the meaning given in s. 103.49 (1) (g), 2013
18stats
.
AB32,11 19Section 11. 66.0903 (1m) (a) (intro.) of the statutes is renumbered 66.0903 (1)
20(h) and amended to read:
AB32,5,321 66.0903 (1) (h) In this subsection, "publicly "Publicly funded private
22construction project" means a construction project in which the developer, investor,
23or owner of the project receives direct financial assistance from a local governmental
24unit for the erection, construction, repair, remodeling, demolition, including any
25alteration, painting, decorating, or grading, of a private facility, including land, a

1building, or other infrastructure. "Publicly funded private construction project" does
2not include a project of public works or a housing project involving the erection,
3construction, repair, remodeling, or demolition of any of the following:
.
AB32,12 4Section 12. 66.0903 (1m) (a) 1. to 3. of the statutes are repealed.
AB32,13 5Section 13. 66.0903 (1m) (b) of the statutes is amended to read:
AB32,5,196 66.0903 (1m) (b) The legislature finds that the enactment of ordinances or
7other enactments by local governmental units requiring laborers, workers,
8mechanics, and truck drivers employed on projects of public works or on publicly
9funded private construction projects to be paid the prevailing wage rate and to be
10paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the
11prevailing hours of labor would be logically inconsistent with, would defeat the
12purpose of, and would go against the spirit of this section and the repeal repeals of
13s. 66.0904, 2009 stats, and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section
14shall be construed as an enactment of statewide concern for the purpose of providing
15uniform prevailing wage rate and prevailing hours of labor requirements throughout
16the state
purposes of facilitating broader participation with respect to bidding on
17projects of public works, ensuring that wages accurately reflect market conditions,
18providing local governments with the flexibility to reduce costs on capital projects,
19and reducing spending at all levels of government in this state
.
AB32,14 20Section 14. 66.0903 (2) to (12) of the statutes are repealed.
AB32,15 21Section 15. 84.41 (3) of the statutes is repealed.
AB32,16 22Section 16. 103.005 (12) (a) of the statutes is amended to read:
AB32,6,823 103.005 (12) (a) If any employer, employee, owner, or other person violates chs.
24103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106,
25within the time prescribed by the department, for which no penalty has been

1specifically provided, or fails, neglects, or refuses to obey any lawful order given or
2made by the department or any judgment or decree made by any court in connection
3with chs. 103 to 106, for each such violation, failure, or refusal, the employer,
4employee, owner, or other person shall forfeit not less than $10 nor more than $100
5for each offense. This paragraph does not apply to any person who fails to provide
6any information to the department to assist the department in determining
7prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or
8103.50 (3) or (4).
AB32,17 9Section 17. 103.49 of the statutes is repealed.
AB32,18 10Section 18. 103.50 of the statutes is repealed.
AB32,19 11Section 19. 103.503 (1) (a) of the statutes is amended to read:
AB32,6,1712 103.503 (1) (a) "Accident" means an incident caused, contributed to, or
13otherwise involving an employee that resulted or could have resulted in death,
14personal injury, or property damage and that occurred while the employee was
15performing the work described in s. 66.0903 (4), 2013 stats., or s. 103.49 (2m), 2013
16stats.,
on a project of public works or while the employee was performing work on a
17public utility project.
AB32,20 18Section 20. 103.503 (1) (c) of the statutes is amended to read:
AB32,6,2319 103.503 (1) (c) "Contracting agency" means a local governmental unit, as
20defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 (1) (f), 2013
21stats.,
that has contracted for the performance of work on a project of public works
22or a public utility that has contracted for the performance of work on a public utility
23project.
AB32,21 24Section 21. 103.503 (1) (e) of the statutes is amended to read:
AB32,7,3
1103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
2who performs the work described in s. 66.0903 (4), 2013 stats., or s. 103.49 (2m), 2013
3stats.,
on a project of public works or on a public utility project.
AB32,22 4Section 22. 103.503 (1) (g) of the statutes is amended to read:
AB32,7,85 103.503 (1) (g) "Project of public works" means a project of public works that
6is would be subject to s. 66.0903 , 2013 stats., or s. 103.49, 2013 stats., if the project
7were erected, constructed, repaired, remodeled, or demolished prior to the effective
8date of this paragraph .... [LRB inserts date]
.
AB32,23 9Section 23. 103.503 (2) of the statutes is amended to read:
AB32,7,1710 103.503 (2) Substance abuse prohibited. No employee may use, possess,
11attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
12be under the influence of alcohol, while performing the work described in s. 66.0903
13(4), 2013 stats., or 103.49 (2m), 2013 stats., on a project of public works or while
14performing work on a public utility project. An employee is considered to be under
15the influence of alcohol for purposes of this subsection if he or she has an alcohol
16concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
17(d).
AB32,24 18Section 24. 103.503 (3) (a) 2. of the statutes is amended to read:
AB32,8,219 103.503 (3) (a) 2. A requirement that employees performing the work described
20in s. 66.0903 (4), 2013 stats., or s. 103.49 (2m), 2013 stats., on a project of public works
21or performing work on a public utility project submit to random, reasonable
22suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing
23before commencing work on the project, except that testing of an employee before
24commencing work on a project is not required if the employee has been participating

1in a random testing program during the 90 days preceding the date on which the
2employee commenced work on the project.
AB32,25 3Section 25. 104.001 (3) (intro.) and (b) of the statutes are consolidated,
4renumbered 104.001 (3) and amended to read:
AB32,8,105 104.001 (3) This section does not affect any of the following: (b) An an
6ordinance that, subject to s. 66.0903, requires an employee of a county, city, village,
7or town, an employee who performs work under a contract for the provision of
8services to a county, city, village, or town, or an employee who performs work that is
9funded by financial assistance from a county, city, village, or town, to be paid at a
10minimum wage rate specified in the ordinance.
AB32,26 11Section 26. 104.001 (3) (a) of the statutes is repealed.
AB32,27 12Section 27. 106.04 of the statutes is repealed.
AB32,28 13Section 28. 109.09 (1) of the statutes is amended to read:
AB32,9,914 109.09 (1) The department shall investigate and attempt equitably to adjust
15controversies between employers and employees as to alleged wage claims. The
16department may receive and investigate any wage claim which that is filed with the
17department, or received by the department under s. 109.10 (4), no later than 2 years
18after the date the wages are due. The department may, after receiving a wage claim,
19investigate any wages due from the employer against whom the claim is filed to any
20employee during the period commencing 2 years before the date the claim is filed.
21The department shall enforce this chapter and ss. 66.0903, 103.02, 103.49, 103.82,
22and 104.12, and 229.8275. In pursuance of this duty, the department may sue the
23employer on behalf of the employee to collect any wage claim or wage deficiency and
24ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
25under s. 109.10, the department may refer such an action to the district attorney of

1the county in which the violation occurs for prosecution and collection and the
2district attorney shall commence an action in the circuit court having appropriate
3jurisdiction. Any number of wage claims or wage deficiencies against the same
4employer may be joined in a single proceeding, but the court may order separate
5trials or hearings. In actions that are referred to a district attorney under this
6subsection, any taxable costs recovered by the district attorney shall be paid into the
7general fund of the county in which the violation occurs and used by that county to
8meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
9of the district attorney who prosecuted the action.
AB32,29 10Section 29. 111.322 (2m) (a) of the statutes is amended to read:
AB32,9,1411 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
12right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50,
13104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64
14to 103.82.
AB32,30 15Section 30. 111.322 (2m) (b) of the statutes is amended to read:
AB32,9,1916 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
17held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
18103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss.
19101.58 to 101.599 or 103.64 to 103.82.
AB32,31 20Section 31. 111.322 (2m) (c) of the statutes is repealed.
AB32,32 21Section 32. 111.322 (2m) (d) of the statutes is amended to read:
AB32,9,2322 111.322 (2m) (d) The individual's employer believes that the individual
23engaged or may engage in any activity described in pars. (a) to (c) (bm).
AB32,33 24Section 33. 227.01 (13) (t) of the statutes is repealed.
AB32,34 25Section 34. 229.682 (2) of the statutes is repealed.
AB32,35
1Section 35. 229.8275 of the statutes is repealed.
AB32,36 2Section 36. 230.13 (1) (intro.) of the statutes is amended to read:
AB32,10,53 230.13 (1) (intro.) Except as provided in sub. (3) and ss. 19.36 (10) to (12) and
4(11)
and 103.13, the director and the administrator may keep records of the following
5personnel matters closed to the public:
AB32,37 6Section 37. 233.13 (intro.) of the statutes is amended to read:
AB32,10,9 7233.13 Closed records. (intro.) Except as provided in ss. 19.36 (10) to (12)
8and (11) and 103.13, the authority may keep records of the following personnel
9matters closed to the public:
AB32,38 10Section 38. 946.15 of the statutes is repealed.
AB32,39 11Section 39. 978.05 (6) (a) of the statutes is amended to read:
AB32,10,2412 978.05 (6) (a) Institute, commence or appear in all civil actions or special
13proceedings under and perform the duties set forth for the district attorney under ch.
14980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 (8), 103.92
15(4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a),
16946.86, 946.87, 961.55 (5), 971.14, and 973.075 to 973.077, perform any duties in
17connection with court proceedings in a court assigned to exercise jurisdiction under
18chs. 48 and 938 as the judge may request and perform all appropriate duties and
19appear if the district attorney is designated in specific statutes, including matters
20within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits
21the authority of the county board to designate, under s. 48.09 (5), that the corporation
22counsel provide representation as specified in s. 48.09 (5) or to designate, under s.
2348.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the
24interests of the public under s. 48.14 or 938.14.
AB32,40 25Section 40. Initial applicability.
AB32,11,5
1(1) Elimination of prevailing wage law. This act first applies, with respect to
2a project of public works that is subject to bidding, to a project for which the request
3for bids is issued on the effective date of this subsection and, with respect to a project
4of public works that is not subject to bidding, to a project the contract for which is
5entered into on the effective date of this subsection.
AB32,41 6Section 41. Effective date.
AB32,11,87 (1) Elimination of prevailing wage law. This act takes effect on the January
81 after publication.
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