Under current law, for certain highway projects for which the Department of Transportation spends federal money, federal money must make up at least 70 percent of the funding for those projects. DOT is required to notify political subdivisions receiving aid for local projects whether the aid includes federal moneys and how those moneys must be spent. For certain projects that receive no federal money, DOT may not require political subdivisions to comply with any portion of DOT’s facilities development manual other than design standards. Any local project funded with state funds under the surface transportation program or the local bridge program must be let through competitive bidding and by contract to the lowest responsible bidder. The bill repeals all of these requirements.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
SB540,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB540,15Section 1. 19.36 (12) of the statutes is created to read:
SB540,,6619.36 (12) Information relating to certain employees. Unless access is specifically authorized or required by statute, an authority may not provide access to a record prepared or provided by an employer performing work on a project to which s. 66.0903, 103.49, or 103.50 applies, or on which the employer is otherwise required to pay prevailing wages, if that record contains the name or other personally identifiable information relating to an employee of that employer, unless the employee authorizes the authority to provide access to that information. In this subsection, “personally identifiable information” does not include an employee’s work classification, hours of work, or wage or benefit payments received for work on such a project.
SB540,27Section 2. 66.0129 (5) of the statutes is amended to read:
SB540,,8866.0129 (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.
SB540,39Section 3. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the statutes are created to read:
SB540,,101066.0903 (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.
SB540,,1111(am) “Bona fide economic benefit” has the meaning given in s. 103.49 (1) (am).
SB540,,1212(b) “Department” means the department of workforce development.
SB540,,1313(cm) “Insufficient wage data” has the meaning given in s. 103.49 (1) (bg).
SB540,,1414(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.
SB540,,1515(em) “Multiple-trade project of public works” has the meaning given in s. 103.49 (1) (br).
SB540,,1616(hm) “Single-trade project of public works” has the meaning given in s. 103.49 (1) (em).
SB540,,1717(im) “Supply and installation contract” has the meaning given in s. 103.49 (1) (fm).
SB540,418Section 4. 66.0903 (1) (c) of the statutes is amended to read:
SB540,,191966.0903 (1) (c) “Hourly basic rate of pay” has the meaning given in s. 16.856 103.49 (1) (b), 2015 stats.
SB540,520Section 5. 66.0903 (1) (f) of the statutes is amended to read:
SB540,,212166.0903 (1) (f) “Prevailing hours of labor” has the meaning given in s. 16.856 103.49 (1) (e), 2015 stats. (c).
SB540,622Section 6. 66.0903 (1) (g) of the statutes is repealed and recreated to read:
SB540,,232366.0903 (1) (g) “Prevailing wage rate” has the meaning given in s. 103.49 (1) (d).
SB540,724Section 7. 66.0903 (1) (j) of the statutes is amended to read:
SB540,,252566.0903 (1) (j) “Truck driver” includes an owner-operator of a truck has the meaning given in s. 103.49 (1) (g).
SB540,826Section 8. 66.0903 (1m) (b) of the statutes is amended to read:
SB540,,272766.0903 (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.