Amendment AA1-SB70

SB70-AA1,66,2 20.445 (1) (bm) Workforce training; administration. Biennially, the amounts in the schedule for the administration of the local youth apprenticeship grant program under s. 106.13 (3m), the youth summer jobs program under s. 106.18, the employment transit assistance grant program under s. 106.26, the workforce training program programs under s. 106.27, the teacher development program grants under s. 106.272, the career and technical education incentive grant program under s. 106.273, the technical education equipment grant program under s. 106.275, and the apprentice programs under subch. I of ch. 106.

SB70-AA1,119 Section 119. 20.445 (1) (bp) of the statutes is created to read:

SB70-AA1,66,6 20.445 (1) (bp) Wisconsin green jobs training program; grants. As a continuing appropriation, the amounts in the schedule for green jobs training program grants under s. 106.27 (1p).

SB70-AA1,120 Section 120. 20.445 (1) (bq) of the statutes is created to read:

SB70-AA1,66,10 20.445 (1) (bq) Clean energy training and reemployment program. As a continuing appropriation, the amounts in the schedule for program administration and associated costs under s. 106.28.

SB70-AA1,121 Section 121. 20.445 (1) (bw) of the statutes is created to read:

SB70-AA1,66,13 20.445 (1) (bw) Workforce innovation grants. As a continuing appropriation, the amounts in the schedule for workforce innovation grants under s. 106.29.

SB70-AA1,122 Section 122. 20.445 (1) (cm) of the statutes is created to read:

SB70-AA1,66,16 20.445 (1) (cm) Worker advancement initiative. As a continuing appropriation, the amounts in the schedule for the worker advancement initiative under s. 106.145.

SB70-AA1,123 Section 123. 20.445 (1) (fd) of the statutes is created to read:

SB70-AA1,66,22 20.445 (1) (fd) Enforcement of laws related to migrant workers. The amounts in the schedule for enforcement activities related to wages, hours, and working conditions of migrant workers, the certification, maintenance, and inspection of migrant labor camps, and the recruitment and hiring of migrant workers under ss. 103.905 to 103.97.

SB70-AA1,124 Section 124. 20.445 (1) (ga) of the statutes is amended to read:

SB70-AA1,67,2 20.445 (1) (ga) Auxiliary services. All moneys received from fees collected under ss. 102.16 (2m) (d), 103.005 (15), 103.91 (3), 103.92 (1) (a), and 106.09 (7) for the delivery of services under ss. 102.16 (2m) (f), 103.005 (15), and 106.09 and ch. 108, and for administrative services under ss. 103.905 to 103.97.

SB70-AA1,125 Section 125. 20.445 (1) (ra) of the statutes is amended to read:

SB70-AA1,67,18 20.445 (1) (ra) Worker's compensation operations fund; administration. From the worker's compensation operations fund, the amounts in the schedule for the administration of the worker's compensation program by the department, for assistance to the department of justice in investigating and prosecuting fraudulent activity related to worker's compensation, for transfer to the uninsured employers fund under s. 102.81 (1) (c), and for transfer to the appropriation accounts under par. (rp) and s. 20.427 (1) (ra). All moneys received under ss. 102.28 (2) (b) and 102.75 (1) shall be credited to this appropriation account. From this appropriation, an amount not to exceed $5,000 may be expended each fiscal year for payment of expenses for travel and research by the council on worker's compensation, an amount not to exceed $500,000 may be transferred in each fiscal year to the uninsured employers fund under s. 102.81 (1) (c), the amount in the schedule under par. (rp) shall be transferred to the appropriation account under par. (rp), and the amount in the schedule under s. 20.427 (1) (ra) shall be transferred to the appropriation account under s. 20.427 (1) (ra).

SB70-AA1,126 Section 126. 20.445 (1) (rr) of the statutes is created to read:

SB70-AA1,67,24 20.445 (1) (rr) Worker's compensation operations fund; special assessment insurer reimbursements. From the worker's compensation operations fund, the amounts in the schedule for providing reimbursement to insurance carriers paying supplemental benefits under s. 102.44 (1) (c). All moneys received under s. 102.75 (1g) shall be credited to this appropriation account.

SB70-AA1,127 Section 127. 20.445 (1) (sm) of the statutes is amended to read:

SB70-AA1,68,7 20.445 (1) (sm) Uninsured employers fund; payments. From the uninsured employers fund, a sum sufficient to make all moneys received from sources identified under s. 102.80 (1m) for the purpose of making the payments under s. 102.81 (1) and to obtain reinsurance under s. 102.81 (2). No moneys may be expended or encumbered under this paragraph until the first day of the first July beginning after the day that the secretary of workforce development files the certificate under s. 102.80 (3) (a).

SB70-AA1,128 Section 128. 20.445 (6) (q) of the statutes is created to read:

SB70-AA1,68,12 20.445 (6) (q) Payment of benefits; family and medical leave benefits insurance trust fund. From the family and medical leave benefits insurance trust fund, a sum sufficient to pay for the payment of benefits under s. 103.105 (3) and to refund moneys erroneously paid into the fund.

SB70-AA1,129 Section 129. 20.445 (6) (r) of the statutes is created to read:

SB70-AA1,68,17 20.445 (6) (r) Administrative expenses; family and medical leave benefits insurance trust fund. Biennially, from the family and medical leave benefits insurance trust fund, the amounts in the schedule for the administrative expenses of the family and medical leave benefits insurance program.

SB70-AA1,130 Section 130. 25.17 (1) (er) of the statutes is created to read:

SB70-AA1,68,19 25.17 (1) (er) Family and medical leave benefits insurance trust fund (s. 25.52);

SB70-AA1,131 Section 131. 25.52 of the statutes is created to read:

SB70-AA1,68,24 25.52 Family and medical leave benefits insurance trust fund. There is created a separate nonlapsible trust fund designated as the family and medical leave benefits insurance trust fund, to consist of all moneys deposited in that fund under s. 103.105 (8).

SB70-AA1,132 Section 132. 36.09 (1) (e) of the statutes is amended to read:

SB70-AA1,69,14 36.09 (1) (e) Subject to par. (em), the board shall appoint a president of the system; a chancellor for each institution; a dean for each college campus; the state geologist; the director of the laboratory of hygiene; the director of the psychiatric institute; the state cartographer; and the requisite number of officers, other than the vice presidents, associate vice presidents, and assistant vice presidents of the system; faculty; academic staff; and other employees and fix the salaries, subject to the limitations under par. (j) and s. 230.12 (3) (e), the duties and the term of office for each. The board shall fix the salaries, subject to the limitations under par. (j) and s. 230.12 (3) (e), and the duties for each chancellor, vice president, associate vice president, and assistant vice president of the system. No sectarian or partisan tests or any tests based upon race, religion, national origin, or sex, sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k), shall ever be allowed or exercised in the appointment of the employees of the system.

SB70-AA1,133 Section 133. 47.02 (3m) (f) of the statutes is amended to read:

SB70-AA1,69,23 47.02 (3m) (f) Assure that eligibility for vocational rehabilitation services under this chapter is determined without regard to the sex, race, age, creed, color, or national origin, sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), or gender identity, as defined in s. 111.32 (7k), of the individual applying for services, that no class of individuals is found ineligible solely on the basis of type of disability, and that no age limitations for eligibility exist which that, by themselves, would result in ineligibility for vocational rehabilitation services.

SB70-AA1,134 Section 134. 66.0129 (5) of the statutes is amended to read:

SB70-AA1,70,5 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.

SB70-AA1,135 Section 135. 66.0134 of the statutes is repealed.

SB70-AA1,136 Section 136. 66.0408 (2) (d) of the statutes is repealed.

SB70-AA1,137 Section 137. 66.0901 (1) (ae) of the statutes is repealed.

SB70-AA1,138 Section 138. 66.0901 (1) (am) of the statutes is repealed.

SB70-AA1,139 Section 139. 66.0901 (6) of the statutes is amended to read:

SB70-AA1,70,21 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.

SB70-AA1,140 Section 140. 66.0901 (6m) of the statutes is repealed.

SB70-AA1,141 Section 141. 66.0901 (6s) of the statutes is repealed.

SB70-AA1,142 Section 142. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the statutes are created to read:

SB70-AA1,71,9 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.

SB70-AA1,71,10 (am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).

SB70-AA1,71,11 (b) “Department" means the department of workforce development.

SB70-AA1,71,12 (cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).

SB70-AA1,71,20 (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.

SB70-AA1,71,22 (em) “Multiple-trade project of public works" has the meaning given in s. 103.49 (1) (br).

SB70-AA1,71,24 (hm) “Single-trade project of public works" has the meaning given in s. 103.49 (1) (em).

SB70-AA1,72,2 (im) “Supply and installation contract" has the meaning given in s. 103.49 (1) (fm).

SB70-AA1,143 Section 143. 66.0903 (1) (c) of the statutes is amended to read:

SB70-AA1,72,5 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856 103.49 (1) (b), 2015 stats.

SB70-AA1,144 Section 144. 66.0903 (1) (f) of the statutes is amended to read:

SB70-AA1,72,8 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856 103.49 (1) (e), 2015 stats. (c).

SB70-AA1,145 Section 145. 66.0903 (1) (g) of the statutes is repealed and recreated to read:

SB70-AA1,72,11 66.0903 (1) (g) “Prevailing wage rate" has the meaning given in s. 103.49 (1) (d).

SB70-AA1,146 Section 146. 66.0903 (1) (j) of the statutes is amended to read:

SB70-AA1,72,14 66.0903 (1) (j) “Truck driver" includes an owner-operator of a truck has the meaning given in s. 103.49 (1) (g).

SB70-AA1,147 Section 147. 66.0903 (1m) (b) of the statutes is amended to read:

SB70-AA1,73,5 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.

SB70-AA1,148 Section 148. 66.0903 (2) to (12) of the statutes are created to read:

SB70-AA1,73,9 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:

SB70-AA1,73,10 (a) A highway, street, bridge, building, or other infrastructure project.

SB70-AA1,73,14 (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.

SB70-AA1,73,18 (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.

SB70-AA1,73,22 (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.

SB70-AA1,74,9 (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.

SB70-AA1,74,16 (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.

SB70-AA1,74,24 (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.

SB70-AA1,75,9 (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.

SB70-AA1,75,23 (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.

SB70-AA1,76,11 (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.

SB70-AA1,76,13 (e) No contractor, subcontractor, or contractor's or subcontractor's agent that is subject to this section may do any of the following:

SB70-AA1,76,16 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.

SB70-AA1,76,21 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's 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.

SB70-AA1,77,2 (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:

SB70-AA1,77,4 1. All laborers, workers, mechanics, and truck drivers employed on the site of a project of public works that is subject to this section.

SB70-AA1,77,10 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.

SB70-AA1,77,18 (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:

SB70-AA1,77,23 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.

SB70-AA1,78,2 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.

SB70-AA1,78,5 (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.

SB70-AA1,78,6 (5) Nonapplicability. This section does not apply to any of the following:

SB70-AA1,78,13 (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.

SB70-AA1,78,17 (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.

SB70-AA1,78,19 (c) Minor service or maintenance work, warranty work, or work under a supply and installation contract.

SB70-AA1,78,22 (f) A project of public works involving the erection, construction, repair, remodeling, or demolition of a residential property containing 2 dwelling units or less.

SB70-AA1,79,3 (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.

SB70-AA1,79,9 (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.