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LRBb0780/1
MED:amn
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 64
September 13, 2017 - Offered by Representatives Sinicki, Ohnstad, Anderson,
Barca, Berceau, Billings, Bowen, Brostoff, Considine, Crowley, Doyle,
Fields, Genrich, Goyke, Hebl, Hesselbein, Hintz, Kessler, Kolste, Mason,
Meyers, Milroy, Pope, Riemer, Sargent, Shankland, Spreitzer, Stuck,
Subeck, C. Taylor, Vruwink, Wachs, Young, Zamarripa and Zepnick.
AB64-ASA1-AA1,1,11 At the locations indicated, amend the substitute amendment as follows:
AB64-ASA1-AA1,1,2 21. Page 43, line 6: delete that line.
AB64-ASA1-AA1,1,3 32. Page 49, line 5: delete lines 5 to 12.
AB64-ASA1-AA1,1,4 43. Page 554, line 10: delete lines 10 to 22.
AB64-ASA1-AA1,1,6 54. Page 591, line 17: delete the material beginning with that line and ending
6with page 592, line 3.
AB64-ASA1-AA1,1,7 75. Page 700, line 13: delete that line.
AB64-ASA1-AA1,1,8 86. Page 701, line 13: delete that line.
AB64-ASA1-AA1,1,10 97. Page 727, line 12: delete the material beginning with that line and ending
10with page 729, line 16.
AB64-ASA1-AA1,2,2
18. Page 738, line 9: delete the material beginning with that line and ending
2with page 739, line 6.
AB64-ASA1-AA1,2,3 39. Page 740, line 16: delete lines 16 to 19.
AB64-ASA1-AA1,2,4 410. Page 866, line 6: delete lines 6 to 9.
AB64-ASA1-AA1,2,5 511. Page 868, line 5: delete lines 5 to 8.
AB64-ASA1-AA1,2,6 612. Page 930, line 22: delete that line.
AB64-ASA1-AA1,2,8 713. Page 946, line 25: delete the material beginning with that line and ending
8with page 947, line 13.
AB64-ASA1-AA1,2,10 914. Page 1074, line 23: delete the material beginning with that line and
10ending with page 1075, line 4.
AB64-ASA1-AA1,2,11 1115. Page 1086, line 21: delete lines 21 to 24.
AB64-ASA1-AA1,2,12 1216. At the appropriate places, insert all of the following:
AB64-ASA1-AA1,2,13 13 Section 1. 16.856 of the statutes is repealed.
AB64-ASA1-AA1,2 14Section 2. 19.36 (12) of the statutes is amended to read:
AB64-ASA1-AA1,3,215 19.36 (12) Information relating to certain employees. Unless access is
16specifically authorized or required by statute, an authority may not provide access
17to a record prepared or provided by an employer performing work on a project to
18which s. 16.856 or 84.062 66.0903, 103.49, or 103.50 applies, or on which the
19employer is otherwise required to pay prevailing wages, if that record contains the
20name or other personally identifiable information relating to an employee of that
21employer, unless the employee authorizes the authority to provide access to that
22information. In this subsection, “personally identifiable information" does not

1include an employee's work classification, hours of work, or wage or benefit payments
2received for work on such a project.
AB64-ASA1-AA1,3 3Section 3. 66.0129 (5) of the statutes is amended to read:
AB64-ASA1-AA1,3,84 66.0129 (5) Bids for construction. The nonprofit corporation shall let all
5contracts exceeding $1,000 for the construction, maintenance or repair of hospital
6facilities to the lowest responsible bidder after advertising for bids by the publication
7of a class 2 notice under ch. 985. Section Sections 66.0901 applies and 66.0903 apply
8to bids and contracts under this subsection.
AB64-ASA1-AA1,4 9Section 4. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the
10statutes are created to read:
AB64-ASA1-AA1,3,1911 66.0903 (1) (a) “Area" means the county in which a proposed project of public
12works that is subject to this section is located or, if the department determines that
13there is insufficient wage data in that county, “area" means those counties that are
14contiguous to that county or, if the department determines that there is insufficient
15wage data in those counties, “area" means those counties that are contiguous to those
16counties or, if the department determines that there is insufficient wage data in those
17counties, “area" means the entire state or, if the department is requested to review
18a determination under sub. (3) (br), “area" means the city, village, or town in which
19a proposed project of public works that is subject to this section is located.
AB64-ASA1-AA1,3,2020 (am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).
AB64-ASA1-AA1,3,2121 (b) “Department" means the department of workforce development.
AB64-ASA1-AA1,3,2222 (cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
AB64-ASA1-AA1,4,523 (dr) “Minor service or maintenance work" means a project of public works that
24is limited to minor crack filling, chip or slurry sealing, or other minor pavement
25patching, not including overlays, that has a projected life span of no longer than 5

1years or that is performed for a town and is not funded under s. 86.31, regardless of
2projected life span; the depositing of gravel on an existing gravel road applied solely
3to maintain the road; road shoulder maintenance; cleaning of drainage or sewer
4ditches or structures; or any other limited, minor work on public facilities or
5equipment that is routinely performed to prevent breakdown or deterioration.
AB64-ASA1-AA1,4,76 (em) “Multiple-trade project of public works" has the meaning given in s.
7103.49 (1) (br).
AB64-ASA1-AA1,4,98 (hm) “Single-trade project of public works" has the meaning given in s. 103.49
9(1) (em).
AB64-ASA1-AA1,4,1410 (im) “Supply and installation contract" means a contract under which the
11material is installed by the supplier, the material is installed by means of simple
12fasteners or connectors such as screws or nuts and bolts, and no other work is
13performed on the site of the project of public works, and the total labor cost to install
14the material does not exceed 20 percent of the total cost of the contract.
AB64-ASA1-AA1,5 15Section 5. 66.0903 (1) (c) of the statutes is amended to read:
AB64-ASA1-AA1,4,1716 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856
17103.49 (1) (b).
AB64-ASA1-AA1,6 18Section 6. 66.0903 (1) (f) of the statutes is amended to read:
AB64-ASA1-AA1,4,2019 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856
20103.49 (1) (e) (c).
AB64-ASA1-AA1,7 21Section 7. 66.0903 (1) (g) of the statutes is repealed and recreated to read:
AB64-ASA1-AA1,5,322 66.0903 (1) (g) 1. Except as provided in subd. 2., “prevailing wage rate" for any
23trade or occupation engaged in the erection, construction, remodeling, repairing, or
24demolition of any project of public works in any area means the hourly basic rate of
25pay, plus the hourly contribution for health insurance benefits, vacation benefits,

1pension benefits, and any other bona fide economic benefit, paid directly or
2indirectly, for a majority of the hours worked in the trade or occupation on projects
3in the area.
AB64-ASA1-AA1,5,134 2. If there is no rate at which a majority of the hours worked in the trade or
5occupation on projects in the area is paid, “prevailing wage rate" for any trade or
6occupation engaged in the erection, construction, remodeling, repairing, or
7demolition of any project of public works in any area means the average hourly basic
8rate of pay, weighted by the number of hours worked, plus the average hourly
9contribution, weighted by the number of hours worked, for health insurance benefits,
10vacation benefits, pension benefits, and any other bona fide economic benefit, paid
11directly or indirectly for all hours worked at the hourly basic rate of pay of the
12highest-paid 51 percent of hours worked in that trade or occupation on projects in
13that area.
AB64-ASA1-AA1,8 14Section 8. 66.0903 (1) (j) of the statutes is amended to read:
AB64-ASA1-AA1,5,1615 66.0903 (1) (j) “Truck driver" has the meaning given in s. 16.856 103.49 (1) (j)
16(g).
AB64-ASA1-AA1,9 17Section 9. 66.0903 (1m) (b) of the statutes is amended to read:
AB64-ASA1-AA1,6,718 66.0903 (1m) (b) The legislature finds that the enactment of ordinances or
19other enactments by local governmental units requiring laborers, workers,
20mechanics, and truck drivers employed on projects of public works or on publicly
21funded private construction projects to be paid the prevailing wage rate and to be
22paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the
23prevailing hours of labor would be logically inconsistent with, would defeat the
24purpose of, and would go against the repeals spirit of this section and the repeal of
25s. 66.0904, 2009 stats., and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section

1shall be construed as an enactment of statewide concern for the purposes of
2facilitating broader participation with respect to bidding on projects of public works,
3ensuring that wages accurately reflect market conditions, providing local
4governments with the flexibility to reduce costs on capital projects, and reducing
5spending at all levels of government in this state
purpose of providing uniform
6prevailing wage rate and prevailing hours of labor requirements throughout the
7state
.
AB64-ASA1-AA1,10 8Section 10. 66.0903 (2) to (12) of the statutes are created to read:
AB64-ASA1-AA1,6,119 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project
10of public works erected, constructed, repaired, remodeled, or demolished for a local
11governmental unit, including all of the following:
AB64-ASA1-AA1,6,1212 (a) A highway, street, bridge, building, or other infrastructure project.
AB64-ASA1-AA1,6,1613 (b) A project erected, constructed, repaired, remodeled, or demolished by one
14local governmental unit for another local governmental unit under a contract under
15s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically
16authorizing cooperation between local governmental units.
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