Amendment AA6-ASA2-AB68

AB68-ASA2-AA6,16,22 53. Page 288, line 8: delete lines 8 to 11 and substitute:

AB68-ASA2-AA6,16,23 “ Section 216m. 49.175 (1) (p) of the statutes is amended to read:

AB68-ASA2-AA6,17,3 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155 or 49.257, $357,097,500 in fiscal year 2019-20 and $365,700,400 $385,490,000 in each fiscal year 2020-21.”.

AB68-ASA2-AA6,17,4 54. Page 288, line 17: delete lines 17 to 20 and substitute:

AB68-ASA2-AA6,17,5 “ Section 218m. 49.175 (1) (qm) of the statutes is amended to read:

AB68-ASA2-AA6,17,9 49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in ss. 49.133, 49.155 (1g), and 49.257, $16,532,900 $33,847,900 in fiscal year 2019-20 2021-22 and $16,683,700 $34,484,700 in fiscal year 2020-21 2022-23.”.

AB68-ASA2-AA6,17,10 55. Page 290, line 2: after that line insert:

AB68-ASA2-AA6,17,11 “ Section 223m. 49.175 (1) (x) of the statutes is created to read:

AB68-ASA2-AA6,17,13 49.175 (1) (x) Internet assistance program. For the Internet assistance program under s. 49.168, $10,000,000 in each fiscal year.”.

AB68-ASA2-AA6,17,14 56. Page 295, line 17: after that line insert:

AB68-ASA2-AA6,17,15 “ Section 238b. 66.0422 (1) (cg) of the statutes is created to read:

AB68-ASA2-AA6,17,18 66.0422 (1) (cg) “Underserved area" means an area of this state that is designated as an underserved area by the public service commission under s. 196.504 (2) (d).

AB68-ASA2-AA6,238c Section 238c. 66.0422 (1) (cr) of the statutes is created to read:

AB68-ASA2-AA6,17,21 66.0422 (1) (cr) “Unserved area” means an area of this state that is designated as an unserved area by the public service commission under s. 196.504 (2) (e).

AB68-ASA2-AA6,238d Section 238d. 66.0422 (2) (c) of the statutes is amended to read:

AB68-ASA2-AA6,18,8 66.0422 (2) (c) No less than 30 days before the public hearing, the local government prepares and makes available for public inspection a report estimating the total costs of, and revenues derived from, constructing, owning, or operating the facility and including a cost-benefit analysis of the facility for a period of at least 3 years. The costs that are subject to this paragraph include personnel costs and costs of acquiring, installing, maintaining, repairing, or operating any plant or equipment, and include an appropriate allocated portion of costs of personnel, plant, or equipment that are used to provide jointly both telecommunications services and other services. This paragraph does not apply to a broadband facility that is intended to serve an underserved or unserved area.

AB68-ASA2-AA6,238e Section 238e. 66.0422 (3d) (intro.) of the statutes is amended to read:

AB68-ASA2-AA6,18,18 66.0422 (3d) (intro.) Subsection (2) does not apply to a facility for providing broadband service to an area within the boundaries of a local government if the local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area and, if the area is not an underserved or unserved area, whether the person intends to provide broadband service to the area within 9 months, or, if the area is an underserved or unserved area, whether the person actively plans to provide broadband service to the area within 3 months and any of the following are satisfied:

AB68-ASA2-AA6,238f Section 238f. 66.0422 (3d) (a) of the statutes is amended to read:

AB68-ASA2-AA6,19,2 66.0422 (3d) (a) The local government asks, in writing, each person that provides broadband service within the boundaries of the local government whether the person currently provides broadband service to the area or intends to provide broadband service within 9 months to the area and within 60 days after receiving the written request no person responds in writing to the The local government does not receive a response in writing that the a person currently provides broadband service to the area or intends or actively plans to provide broadband service to the area within 9 months the relevant time period.

AB68-ASA2-AA6,238g Section 238g. 66.0422 (3d) (b) of the statutes is amended to read:

AB68-ASA2-AA6,19,7 66.0422 (3d) (b) The local government determines that a person who responded to a written request under par. (a) that the person currently provides broadband service to the area did not actually provide broadband service to the area and no other person makes the response responds to the local government described in par. (a).

AB68-ASA2-AA6,238h Section 238h. 66.0422 (3d) (c) of the statutes is amended to read:

AB68-ASA2-AA6,19,14 66.0422 (3d) (c) The local government determines that a person who responded to a written request under par. (a) that the person intended or actively planned to provide broadband service to the area within 9 months the relevant time period did not actually provide broadband service to the area within 9 months the relevant time period and no other person makes the response responds to the local government described in par. (a).

AB68-ASA2-AA6,238i Section 238i. 66.0422 (3m) (b) of the statutes is amended to read:

AB68-ASA2-AA6,19,18 66.0422 (3m) (b) The municipality itself does not use the facility to provide broadband service to end users. This paragraph does not apply to a facility that is intended to serve an underserved or unserved area.

AB68-ASA2-AA6,238j Section 238j. 66.0422 (3m) (c) of the statutes is amended to read:

AB68-ASA2-AA6,19,24 66.0422 (3m) (c) The municipality determines that, at the time that the municipality authorizes the construction, ownership, or operation of the facility, whichever occurs first, the facility does not compete with more than one provider of broadband service. This paragraph does not apply to a facility that is intended to serve an underserved or unserved area.”.

AB68-ASA2-AA6,20,1 57. Page 295, line 17: after that line insert:

AB68-ASA2-AA6,20,2 “ Section 238k. 66.0602 (2m) (a) of the statutes is renumbered 66.0602 (2m).

AB68-ASA2-AA6,238L Section 238L. 66.0602 (2m) (b) of the statutes is repealed.”.

AB68-ASA2-AA6,20,4 58. Page 295, line 17: after that line insert:

AB68-ASA2-AA6,20,5 “ Section 238m. 66.0901 (1) (ae) of the statutes is repealed.

AB68-ASA2-AA6,238n Section 238n. 66.0901 (1) (am) of the statutes is repealed.

AB68-ASA2-AA6,238o Section 238o. 66.0901 (6) of the statutes is amended to read:

AB68-ASA2-AA6,20,18 66.0901 (6) Separation of contracts; classification of contractors. In public contracts for the construction, repair, remodeling or improvement of a public building or structure, other than highway structures and facilities, a municipality may bid projects based on a single or multiple division of the work. Public contracts shall be awarded according to the division of work selected for bidding. Except as provided in sub. (6m), the The municipality may set out in any public contract reasonable and lawful conditions as to the hours of labor, wages, residence, character and classification of workers to be employed by any contractor, classify contractors as to their financial responsibility, competency and ability to perform work and set up a classified list of contractors. The municipality may reject the bid of any person, if the person has not been classified for the kind or amount of work in the bid.

AB68-ASA2-AA6,238p Section 238p. 66.0901 (6m) of the statutes is repealed.

AB68-ASA2-AA6,238q Section 238q. 66.0901 (6s) of the statutes is repealed.”.

AB68-ASA2-AA6,20,21 59. Page 295, line 17: after that line insert:

AB68-ASA2-AA6,20,22 “ Section 238a. 66.0129 (5) of the statutes is amended to read:

AB68-ASA2-AA6,21,3 66.0129 (5) Bids for construction. The nonprofit corporation shall let all contracts exceeding $1,000 for the construction, maintenance or repair of hospital facilities to the lowest responsible bidder after advertising for bids by the publication of a class 2 notice under ch. 985. Section Sections 66.0901 applies and 66.0903 apply to bids and contracts under this subsection.

AB68-ASA2-AA6,238r Section 238r. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the statutes are created to read:

AB68-ASA2-AA6,21,14 66.0903 (1) (a) “Area" means the county in which a proposed project of public works that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, “area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, “area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, “area" means the entire state or, if the department is requested to review a determination under sub. (3) (br), “area" means the city, village, or town in which a proposed project of public works that is subject to this section is located.

AB68-ASA2-AA6,21,15 (am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).

AB68-ASA2-AA6,21,16 (b) “Department" means the department of workforce development.

AB68-ASA2-AA6,21,17 (cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).

AB68-ASA2-AA6,21,25 (dr) “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 or that is performed for a town and is not funded under s. 86.31, regardless of projected life span; 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.

AB68-ASA2-AA6,22,2 (em) “Multiple-trade project of public works" has the meaning given in s. 103.49 (1) (br).

AB68-ASA2-AA6,22,4 (hm) “Single-trade project of public works" has the meaning given in s. 103.49 (1) (em).

AB68-ASA2-AA6,22,6 (im) “Supply and installation contract" has the meaning given in s. 103.49 (1) (fm).

AB68-ASA2-AA6,238s Section 238s. 66.0903 (1) (c) of the statutes is amended to read:

AB68-ASA2-AA6,22,9 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856 103.49 (1) (b), 2015 stats.

AB68-ASA2-AA6,238t Section 238t. 66.0903 (1) (f) of the statutes is amended to read:

AB68-ASA2-AA6,22,12 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856 103.49 (1) (e), 2015 stats. (c).

AB68-ASA2-AA6,238u Section 238u. 66.0903 (1) (g) of the statutes is repealed and recreated to read:

AB68-ASA2-AA6,22,15 66.0903 (1) (g) “Prevailing wage rate" has the meaning given in s. 103.49 (1) (d).

AB68-ASA2-AA6,238v Section 238v. 66.0903 (1) (j) of the statutes is amended to read:

AB68-ASA2-AA6,22,18 66.0903 (1) (j) “Truck driver" includes an owner-operator of a truck has the meaning given in s. 103.49 (1) (g).

AB68-ASA2-AA6,238w Section 238w. 66.0903 (1m) (b) of the statutes is amended to read:

AB68-ASA2-AA6,23,9 66.0903 (1m) (b) The legislature finds that the enactment of ordinances or other enactments by local governmental units requiring laborers, workers, mechanics, and truck drivers employed on projects of public works or on publicly funded private construction projects to be paid the prevailing wage rate and to be paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the prevailing hours of labor would be logically inconsistent with, would defeat the purpose of, and would go against the repeals spirit of this section and the repeal of s. 66.0904, 2009 stats., and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section shall be construed as an enactment of statewide concern for the purposes of facilitating broader participation with respect to bidding on projects of public works, ensuring that wages accurately reflect market conditions, providing local governments with the flexibility to reduce costs on capital projects, and reducing spending at all levels of government in this state purpose of providing uniform prevailing wage rate and prevailing hours of labor requirements throughout the state.

AB68-ASA2-AA6,238x Section 238x. 66.0903 (2) to (12) of the statutes are created to read:

AB68-ASA2-AA6,23,13 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project of public works erected, constructed, repaired, remodeled, or demolished for a local governmental unit, including all of the following:

AB68-ASA2-AA6,23,14 (a) A highway, street, bridge, building, or other infrastructure project.

AB68-ASA2-AA6,23,18 (b) A project erected, constructed, repaired, remodeled, or demolished by one local governmental unit for another local governmental unit under a contract under s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically authorizing cooperation between local governmental units.

AB68-ASA2-AA6,23,22 (c) A project in which the completed facility is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu of the local governmental unit contracting for the erection, construction, repair, remodeling, or demolition of the facility.

AB68-ASA2-AA6,24,2 (d) A 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, a local governmental unit, including under s. 236.13 (2), for ownership or maintenance by the local governmental unit.

AB68-ASA2-AA6,24,14 (3) Prevailing wage rates and hours of labor. (am) A local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract for the erection, construction, remodeling, repairing, or demolition of any project of public works, shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work contemplated. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects of public works that are subject to this section and to inform itself of the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting local governmental unit.

AB68-ASA2-AA6,24,21 (ar) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a project of public works extends into more than one area, the department shall determine only one standard of prevailing wage rates for the entire project.

AB68-ASA2-AA6,25,4 (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. 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. 103.49 or 103.50, or 40 USC 3142. In determining prevailing wage rates under par. (am) or (ar), the department may not use data from any construction work that is performed by a local governmental unit or a state agency.

AB68-ASA2-AA6,25,13 (bm) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by individuals working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

AB68-ASA2-AA6,26,2 (br) In addition to the recalculation under par. (bm), the local governmental unit that requested the determination under this subsection may request a review of any portion of a determination within 30 days after the date of issuance of the determination if the local governmental unit submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the determination does not represent the prevailing wage rate for that trade or occupation in the city, village, or town in which the proposed project of public works is located. That evidence shall include wage rate information for the contested trade or occupation on at least 3 similar projects located in the city, village, or town where the proposed project of public works is located and on which some work has been performed during the current survey period and which were considered by the department in issuing its most recent compilation under par. (ar). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review.

AB68-ASA2-AA6,26,15 (dm) A local governmental unit that is subject to this section shall include a reference to the prevailing wage rates determined by the department and to the prevailing hours of labor in the notice published for the purpose of securing bids for the project of public works. Except as otherwise provided in this paragraph, if any contract or subcontract for a project of public works is entered into, the prevailing wage rates determined by the department and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract. 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.

AB68-ASA2-AA6,26,17 (e) No contractor, subcontractor, or contractor or subcontractor's agent that is subject to this section may do any of the following:

AB68-ASA2-AA6,26,20 1. Pay an individual performing the work described in sub. (4) less than the prevailing wage rate in the same or most similar trade or occupation determined under this subsection.

AB68-ASA2-AA6,26,25 2. Allow an individual performing the work described in sub. (4) to work a greater number of hours per day or per week than the prevailing hours of labor, unless the contractor, subcontractor, or contractor or subcontractor's agent pays the individual for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times the individual's hourly basic rate of pay.

AB68-ASA2-AA6,27,6 (4) Covered employees. (a) Subject to par. (b), any person subject to this section shall pay all of the following employees the prevailing wage rate determined under sub. (3) and may not allow such employees to work a greater number of hours per day or per week than the prevailing hours of labor, unless the person pays the employee for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times the employee's hourly basic rate of pay:

AB68-ASA2-AA6,27,8 1. All laborers, workers, mechanics, and truck drivers employed on the site of a project of public works that is subject to this section.

AB68-ASA2-AA6,27,14 2. All laborers, workers, mechanics, and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of a project of public works that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project of public works that is subject to this section by a contractor, subcontractor, agent, or other person performing any work on the site of the project.

AB68-ASA2-AA6,27,22 (b) A laborer, worker, mechanic, or truck driver who is 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 supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project of public works that is subject to this section 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:

AB68-ASA2-AA6,28,2 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone and deliver that mineral aggregate to the site of a project of public works that is subject to this section by depositing the material directly in final place, from the transporting vehicle or through spreaders from the transporting vehicle.

AB68-ASA2-AA6,28,6 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a project of public works that is subject to this section, pick up excavated material or spoil from the site of the project, and transport that excavated material or spoil away from the site of the project.

AB68-ASA2-AA6,28,9 (c) A person subject to this section shall pay a truck driver who is an owner-operator of a truck separately for his or her work and for the use of his or her truck.

AB68-ASA2-AA6,28,10 (5) Nonapplicability. This section does not apply to any of the following:

AB68-ASA2-AA6,28,17 (a) A single-trade project of public works for which the estimated project cost of completion is less than $48,000, a multiple-trade project of public works for which the estimated project cost of completion is less than $100,000, or, in the case of a multiple-trade project 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, a multiple-trade project of public works for which the estimated project cost of completion is less than $234,000.

AB68-ASA2-AA6,28,21 (b) Work performed on a project of public works 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.

AB68-ASA2-AA6,28,23 (c) Minor service or maintenance work, warranty work, or work under a supply and installation contract.

AB68-ASA2-AA6,29,3 (f) A project of public works involving the erection, construction, repair, remodeling, or demolition of a residential property containing 2 dwelling units or less.

AB68-ASA2-AA6,29,9 (g) A road, street, bridge, sanitary sewer, or water main project that is a part of a development in which not less than 90 percent of the lots contain or will contain 2 dwelling units or less, as determined by the local governmental unit at the time of approval of the development, and that, on completion, is acquired by, or dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership or maintenance by the local governmental unit.

AB68-ASA2-AA6,29,15 (8) Posting. A local governmental unit that has contracted for a project of public works shall post the prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) in at least one conspicuous place on the site of the project that is easily accessible by employees working on 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.