LRBs0211/1
GMM:kjf:jf
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 233
October 14, 2011 - Offered by Representative Marklein.
AB233-ASA1,1,5 1An Act to create 66.0903 (5) (h) and 103.49 (3g) (i) of the statutes; relating to:
2an exemption from the prevailing wage law for a public works project, the cost
3of which is less than $5,000,000 and not less than 85 percent privately funded,
4in which the completed facility is dedicated to the state or a local governmental
5unit for conservation, recreational, or educational purposes.
Analysis by the Legislative Reference Bureau
Under current law, laborers, workers, mechanics, and truck drivers employed
on the site of certain state or local projects of public works (generally single-trade
projects whose estimated cost of completion is $48,000 or more and multiple-trade
projects whose estimated cost of completion is $100,000 or more): 1) must be paid at
the rate paid for a majority of the hours worked in the person's trade or occupation
in the county in which the project is located, as determined by the Department of
Workforce Development; and 2) may not be required or permitted to work a greater
number of hours per day and per week than the prevailing hours of labor, that is, no
more than 10 hours per day and 40 hours per week, unless they are paid 1.5 times
their basic rate of pay (commonly referred to as "overtime pay") for all hours worked
in excess of the prevailing hours of labor (prevailing wage law).
This substitute amendment exempts from the prevailing wage law a project of
public works for which the estimated cost of project completion is less than

$5,000,000, in which not less than 85 percent of that cost is privately funded, in which
the completed facility is dedicated to the state or a local governmental unit without
compensation for ownership by the state or local governmental unit, and in which
the completed facility is used for conservation, recreational, or educational purposes.
For purposes of this exemption, moneys derived from program revenue supported
borrowing or from segregated fund supported borrowing are considered to be public
funds.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB233-ASA1, s. 1 1Section 1. 66.0903 (5) (h) of the statutes is created to read:
AB233-ASA1,2,92 66.0903 (5) (h) A project of public works for which the estimated cost of project
3completion is less than $5,000,000, in which not less than 85 percent of that cost is
4privately funded, in which the completed facility is dedicated to a local governmental
5unit without compensation for ownership by the local governmental unit, and in
6which the completed facility is used for conservation, recreational, or educational
7purposes. For purposes of this paragraph, moneys derived from program revenue
8supported borrowing or from segregated fund supported borrowing are considered
9to be public funds.
AB233-ASA1, s. 2 10Section 2. 103.49 (3g) (i) of the statutes is created to read:
AB233-ASA1,2,1711 103.49 (3g) (i) A project of public works for which the estimated cost of project
12completion is less than $5,000,000, in which not less than 85 percent of that cost is
13privately funded, in which the completed facility is dedicated to the state without
14compensation for ownership by the state, and in which the completed facility is used
15for conservation, recreational, or educational purposes. For purposes of this
16paragraph, moneys derived from program revenue supported borrowing or from
17segregated fund supported borrowing are considered to be public funds.
AB233-ASA1, s. 3 18Section 3. Initial applicability.
AB233-ASA1,3,5
1(1) Exemption from prevailing wage law. This act first applies, with respect
2to a project of public works that is subject to bidding, to a project for which the request
3for bids is issued on the effective date of this subsection and, with respect to a project
4of public works that is not subject to bidding, to a project the contract for which is
5entered into on the effective date of this subsection.
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