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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AB64-ASA1-AA1,2,13 13 Section 1. 16.856 of the statutes is repealed.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.
AB64-ASA1-AA1,6,2017 (c) A project in which the completed facility is leased, purchased, lease
18purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu
19of the local governmental unit contracting for the erection, construction, repair,
20remodeling, or demolition of the facility.
AB64-ASA1-AA1,6,2421 (d) A road, street, bridge, sanitary sewer, or water main project in which the
22completed road, street, bridge, sanitary sewer, or water main is acquired by, or
23dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership
24or maintenance by the local governmental unit.
AB64-ASA1-AA1,7,12
1(3) Prevailing wage rates and hours of labor. (am) A local governmental unit,
2before making a contract by direct negotiation or soliciting bids on a contract for the
3erection, construction, remodeling, repairing, or demolition of any project of public
4works, shall apply to the department to determine the prevailing wage rate for each
5trade or occupation required in the work contemplated. The department shall
6conduct investigations and hold public hearings as necessary to define the trades or
7occupations that are commonly employed on projects of public works that are subject
8to this section and to inform itself as to the prevailing wage rates in all areas of the
9state for those trades or occupations, in order to determine the prevailing wage rate
10for each trade or occupation. The department shall issue its determination within
1130 days after receiving the request and shall file the determination with the
12requesting local governmental unit.
AB64-ASA1-AA1,7,1913 (ar) The department shall, by January 1 of each year, compile the prevailing
14wage rates for each trade or occupation in each area. The compilation shall, in
15addition to the current prevailing wage rates, include future prevailing wage rates
16when those prevailing wage rates can be determined for any trade or occupation in
17any area and shall specify the effective date of those future prevailing wage rates.
18If a project of public works extends into more than one area, there shall be only one
19standard of prevailing wage rates for the entire project.
AB64-ASA1-AA1,8,220 (av) In determining prevailing wage rates under par. (am) or (ar), the
21department may not use data from projects that are subject to this section, s. 103.49
22or 103.50, or 40 USC 3142 unless the department determines that there is
23insufficient wage data in the area to determine those prevailing wage rates, in which
24case the department may use data from projects that are subject to this section, s.
25103.49 or 103.50, or 40 USC 3142. In determining prevailing wage rates under par.

1(am) or (ar), the department may not use data from any construction work that is
2performed by a local governmental unit or a state agency.
AB64-ASA1-AA1,8,113 (bm) Any person may request a recalculation of any portion of an initial
4determination within 30 days after the initial determination date if the person
5submits evidence with the request showing that the prevailing wage rate for any
6given trade or occupation included in the initial determination does not represent the
7prevailing wage rate for that trade or occupation in the area. The evidence shall
8include wage rate information reflecting work performed by persons working in the
9contested trade or occupation in the area during the current survey period. The
10department shall affirm or modify the initial determination within 15 days after the
11date on which the department receives the request for recalculation.
AB64-ASA1-AA1,8,2512 (br) In addition to the recalculation under par. (bm), the local governmental
13unit that requested the determination under this subsection may request a review
14of any portion of a determination within 30 days after the date of issuance of the
15determination if the local governmental unit submits evidence with the request
16showing that the prevailing wage rate for any given trade or occupation included in
17the determination does not represent the prevailing wage rate for that trade or
18occupation in the city, village, or town in which the proposed project of public works
19is located. That evidence shall include wage rate information for the contested trade
20or occupation on at least 3 similar projects located in the city, village, or town where
21the proposed project of public works is located and on which some work has been
22performed during the current survey period and which were considered by the
23department in issuing its most recent compilation under par. (ar). The department
24shall affirm or modify the determination within 15 days after the date on which the
25department receives the request for review.
AB64-ASA1-AA1,9,17
1(dm) A reference to the prevailing wage rates determined by the department
2and to the prevailing hours of labor shall be published in the notice issued for the
3purpose of securing bids for the project of public works. If any contract or subcontract
4for a project of public works is entered into, the prevailing wage rates determined by
5the department and the prevailing hours of labor shall be physically incorporated
6into and made a part of the contract or subcontract, except that for a minor
7subcontract, as determined by the department, the department shall prescribe by
8rule the method of notifying the minor subcontractor of the prevailing wage rates and
9prevailing hours of labor applicable to the minor subcontract. The prevailing wage
10rates and prevailing hours of labor applicable to a contract or subcontract may not
11be changed during the time that the contract or subcontract is in force. No person
12performing the work described in sub. (4) may be paid less than the prevailing wage
13rate in the same or most similar trade or occupation determined under this
14subsection; nor may he or she be permitted to work a greater number of hours per
15day or per week than the prevailing hours of labor, unless he or she is paid for all
16hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
17his or her hourly basic rate of pay.
AB64-ASA1-AA1,9,22 18(4) Covered employees. (a) Subject to par. (b), all of the following employees
19shall be paid the prevailing wage rate determined under sub. (3) and may not be
20permitted to work a greater number of hours per day or per week than the prevailing
21hours of labor, unless they are paid for all hours worked in excess of the prevailing
22hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
AB64-ASA1-AA1,9,2423 1. All laborers, workers, mechanics, and truck drivers employed on the site of
24a project of public works that is subject to this section.
AB64-ASA1-AA1,10,6
12. All laborers, workers, mechanics, and truck drivers employed in the
2manufacturing or furnishing of materials, articles, supplies, or equipment on the site
3of a project of public works that is subject to this section or from a facility dedicated
4exclusively, or nearly so, to a project of public works that is subject to this section by
5a contractor, subcontractor, agent, or other person performing any work on the site
6of the project.
AB64-ASA1-AA1,10,147 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
8manufacture, pick up, or deliver materials or products from a commercial
9establishment that has a fixed place of business from which the establishment
10supplies processed or manufactured materials or products or from a facility that is
11not dedicated exclusively, or nearly so, to a project of public works that is subject to
12this section is not entitled to receive the prevailing wage rate determined under sub.
13(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
14worked in excess of the prevailing hours of labor unless any of the following applies:
AB64-ASA1-AA1,10,1915 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
16of mineral aggregate such as sand, gravel, or stone and deliver that mineral
17aggregate to the site of a project of public works that is subject to this section by
18depositing the material directly in final place, from the transporting vehicle or
19through spreaders from the transporting vehicle.
AB64-ASA1-AA1,10,2320 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
21of a project of public works that is subject to this section, pick up excavated material
22or spoil from the site of the project, and transport that excavated material or spoil
23away from the site of the project.
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