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LRBs0075/1
GMM:wlj:wj
2015 - 2016 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 49
May 6, 2015 - Offered by Senator Nass.
SB49-SSA1,2,2 1An Act to repeal 66.0903 (1) (b), (cm), (dr), (em), (hm) and (im), 66.0903 (1m) (a)
21. to 3., 66.0903 (2) to (12), 104.001 (3) (a), 111.322 (2m) (c), 229.682 (2) and
3229.8275; to renumber and amend 66.0903 (1m) (a) (intro.); to consolidate,
4renumber and amend
104.001 (3) (intro.) and (b); to amend 19.36 (12),
566.0129 (5), 66.0903 (1m) (b), 103.49 (3g) (a), 103.50 (2g), 103.503 (1) (a),
6103.503 (1) (e), 103.503 (1) (g), 103.503 (2), 103.503 (3) (a) 2., 109.09 (1), 111.322
7(2m) (a), 111.322 (2m) (b), 111.322 (2m) (d), 227.01 (13) (t), 946.15 (1), 946.15 (2),
8946.15 (3) and 946.15 (4); and to repeal and recreate 66.0903 (title) of the
9statutes; relating to: elimination of the requirement that laborers, workers,
10mechanics, and truck drivers employed on the site of a local project of public
11works be paid the prevailing wage and the cost threshold for applicability of the

1prevailing wage law to state projects of public works, including highway
2projects.
Analysis by the Legislative Reference Bureau
Under the current prevailing wage law, laborers, workers, mechanics, and
truck drivers employed on the site of certain state and local projects of public works
(generally single-trade projects whose estimated cost of completion is $48,000 or
more and multiple-trade projects whose estimated cost of completion is $100,000 or
more) 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. Also
under current law, no local government may enact or administer a prevailing wage
law ordinance or any similar ordinance.
This substitute amendment eliminates the prevailing wage law with respect to
projects of public works undertaken by local governmental units, but retains the
prohibition against local governmental units enacting or administering their own
prevailing wage laws or similar ordinances. For projects of public works undertaken
by the state or a state agency, including state highway projects, the substitute
amendment raises the cost threshold for applicability of the prevailing wage law to
$1,000,000 for single-trade projects and to $5,000,000 for multiple-trade projects.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB49-SSA1,1 3Section 1. 19.36 (12) of the statutes is amended to read:
SB49-SSA1,3,34 19.36 (12) Information relating to certain employees. Unless access is
5specifically authorized or required by statute, an authority shall may not provide
6access to a record prepared or provided by an employer performing work on a project
7to which s. 66.0903, 103.49, or 103.50 applies, or on which the employer is otherwise
8required to pay prevailing wages, if that record contains the name or other personally
9identifiable information relating to an employee of that employer, unless the
10employee authorizes the authority to provide access to that information. In this

1subsection, "personally identifiable information" does not include an employee's
2work classification, hours of work, or wage or benefit payments received for work on
3such a project.
SB49-SSA1,2 4Section 2. 66.0129 (5) of the statutes is amended to read:
SB49-SSA1,3,95 66.0129 (5) Bids for construction. The nonprofit corporation shall let all
6contracts exceeding $1,000 for the construction, maintenance or repair of hospital
7facilities to the lowest responsible bidder after advertising for bids by the publication
8of a class 2 notice under ch. 985. Sections Section 66.0901 and 66.0903 apply applies
9to bids and contracts under this subsection.
SB49-SSA1,3 10Section 3. 66.0903 (title) of the statutes is repealed and recreated to read:
SB49-SSA1,3,11 1166.0903 (title) Prevailing wage.
SB49-SSA1,4 12Section 4. 66.0903 (1) (b), (cm), (dr), (em), (hm) and (im) of the statutes are
13repealed.
SB49-SSA1,5 14Section 5. 66.0903 (1m) (a) (intro.) of the statutes is renumbered 66.0903 (1)
15(h) and amended to read:
SB49-SSA1,3,2316 66.0903 (1) (h) In this subsection, "publicly "Publicly funded private
17construction project" means a construction project in which the developer, investor,
18or owner of the project receives direct financial assistance from a local governmental
19unit for the erection, construction, repair, remodeling, demolition, including any
20alteration, painting, decorating, or grading, of a private facility, including land, a
21building, or other infrastructure. "Publicly funded private construction project" does
22not include a project of public works or a housing project involving the erection,
23construction, repair, remodeling, or demolition of any of the following:
.
SB49-SSA1,6 24Section 6. 66.0903 (1m) (a) 1. to 3. of the statutes are repealed.
SB49-SSA1,7 25Section 7. 66.0903 (1m) (b) of the statutes is amended to read:
SB49-SSA1,4,14
166.0903 (1m) (b) The legislature finds that the enactment of ordinances or
2other enactments by local governmental units requiring laborers, workers,
3mechanics, and truck drivers employed on projects of public works or on publicly
4funded private construction projects to be paid the prevailing wage rate and to be
5paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the
6prevailing hours of labor would be logically inconsistent with, would defeat the
7purpose of, and would go against the spirit of this section and the repeal repeals of
8s. 66.0904, 2009 stats, and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section
9shall be construed as an enactment of statewide concern for the purpose of providing
10uniform prevailing wage rate and prevailing hours of labor requirements throughout
11the state
purposes of facilitating broader participation with respect to bidding on
12projects of public works, ensuring that wages accurately reflect market conditions,
13providing local governments with the flexibility to reduce costs on capital projects,
14and reducing spending at all levels of government in this state
.
SB49-SSA1,8 15Section 8. 66.0903 (2) to (12) of the statutes are repealed.
SB49-SSA1,9 16Section 9. 103.49 (3g) (a) of the statutes is amended to read:
SB49-SSA1,4,2017 103.49 (3g) (a) A single-trade project of public works for which the estimated
18project cost of completion is less than $48,000 $1,000,000 or a multiple-trade project
19of public works for which the estimated project cost of completion is less than
20$100,000 $5,000,000.
SB49-SSA1,10 21Section 10. 103.50 (2g) of the statutes is amended to read:
SB49-SSA1,5,222 103.50 (2g) Nonapplicability. This section does not apply to a single-trade
23project of public works, as defined in s. 103.49 (1) (em), for which the estimated
24project cost of completion is less than $48,000 $1,000,000 or a multiple-trade project

1of public works, as defined in s. 103.49 (1) (br), for which the estimated project cost
2of completion is less than $100,000 $5,000,000.
SB49-SSA1,11 3Section 11. 103.503 (1) (a) of the statutes is amended to read:
SB49-SSA1,5,94 103.503 (1) (a) "Accident" means an incident caused, contributed to, or
5otherwise involving an employee that resulted or could have resulted in death,
6personal injury, or property damage and that occurred while the employee was
7performing the work described in s. 66.0903 (4), 2013 stats., or s. 103.49 (2m) on a
8project of public works or while the employee was performing work on a public utility
9project.
SB49-SSA1,12 10Section 12. 103.503 (1) (e) of the statutes is amended to read:
SB49-SSA1,5,1311 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
12who performs the work described in s. 66.0903 (4), 2013 stats., or s. 103.49 (2m) on
13a project of public works or on a public utility project.
SB49-SSA1,13 14Section 13. 103.503 (1) (g) of the statutes is amended to read:
SB49-SSA1,5,1815 103.503 (1) (g) "Project of public works" means a project of public works that
16is subject to s. 103.49 or that would be subject to s. 66.0903 or 103.49, 2013 stats., if
17the project were erected, constructed, repaired, remodeled, or demolished prior to the
18effective date of this paragraph .... [LRB inserts date]
.
SB49-SSA1,14 19Section 14. 103.503 (2) of the statutes is amended to read:
SB49-SSA1,6,220 103.503 (2) Substance abuse prohibited. No employee may use, possess,
21attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
22be under the influence of alcohol, while performing the work described in s. 66.0903
23(4), 2013 stats., or s. 103.49 (2m) on a project of public works or while performing
24work on a public utility project. An employee is considered to be under the influence

1of alcohol for purposes of this subsection if he or she has an alcohol concentration that
2is equal to or greater than the amount specified in s. 885.235 (1g) (d).
SB49-SSA1,15 3Section 15. 103.503 (3) (a) 2. of the statutes is amended to read:
SB49-SSA1,6,114 103.503 (3) (a) 2. A requirement that employees performing the work described
5in s. 66.0903 (4), 2013 stats., or s. 103.49 (2m) on a project of public works or
6performing work on a public utility project submit to random, reasonable suspicion,
7and post-accident drug and alcohol testing and to drug and alcohol testing before
8commencing work on the project, except that testing of an employee before
9commencing work on a project is not required if the employee has been participating
10in a random testing program during the 90 days preceding the date on which the
11employee commenced work on the project.
SB49-SSA1,16 12Section 16. 104.001 (3) (intro.) and (b) of the statutes are consolidated,
13renumbered 104.001 (3) and amended to read:
SB49-SSA1,6,1914 104.001 (3) This section does not affect any of the following: (b) An an
15ordinance that, subject to s. 66.0903, requires an employee of a county, city, village,
16or town, an employee who performs work under a contract for the provision of
17services to a county, city, village, or town, or an employee who performs work that is
18funded by financial assistance from a county, city, village, or town, to be paid at a
19minimum wage rate specified in the ordinance.
SB49-SSA1,17 20Section 17. 104.001 (3) (a) of the statutes is repealed.
SB49-SSA1,18 21Section 18. 109.09 (1) of the statutes is amended to read:
SB49-SSA1,7,1722 109.09 (1) The department shall investigate and attempt equitably to adjust
23controversies between employers and employees as to alleged wage claims. The
24department may receive and investigate any wage claim which that is filed with the
25department, or received by the department under s. 109.10 (4), no later than 2 years

1after the date the wages are due. The department may, after receiving a wage claim,
2investigate any wages due from the employer against whom the claim is filed to any
3employee during the period commencing 2 years before the date the claim is filed.
4The department shall enforce this chapter and ss. 66.0903, 103.02, 103.49, 103.82,
5and 104.12, and 229.8275. In pursuance of this duty, the department may sue the
6employer on behalf of the employee to collect any wage claim or wage deficiency and
7ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
8under s. 109.10, the department may refer such an action to the district attorney of
9the county in which the violation occurs for prosecution and collection and the
10district attorney shall commence an action in the circuit court having appropriate
11jurisdiction. Any number of wage claims or wage deficiencies against the same
12employer may be joined in a single proceeding, but the court may order separate
13trials or hearings. In actions that are referred to a district attorney under this
14subsection, any taxable costs recovered by the district attorney shall be paid into the
15general fund of the county in which the violation occurs and used by that county to
16meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
17of the district attorney who prosecuted the action.
SB49-SSA1,19 18Section 19. 111.322 (2m) (a) of the statutes is amended to read:
SB49-SSA1,7,2219 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
20right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.49,
21103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
22or 103.64 to 103.82.
SB49-SSA1,20 23Section 20. 111.322 (2m) (b) of the statutes is amended to read:
SB49-SSA1,8,224 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
25held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,

1103.34, 103.455, 103.49, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
2or ss. 101.58 to 101.599 or 103.64 to 103.82.
SB49-SSA1,21 3Section 21. 111.322 (2m) (c) of the statutes is repealed.
SB49-SSA1,22 4Section 22. 111.322 (2m) (d) of the statutes is amended to read:
SB49-SSA1,8,65 111.322 (2m) (d) The individual's employer believes that the individual
6engaged or may engage in any activity described in pars. (a) to (c) (bm).
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