66.293(4)(a)(a) All of the following employes shall be paid the prevailing wage rate determined under
sub. (3) and may not be permitted to work a greater number of hours per day or per calendar week than the prevailing hours of labor determined under
sub. (3), unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
66.293(4)(a)1.
1. All laborers, workers, mechanics and truck drivers employed on the site of a project that is subject to this section, or employed to deliver mineral aggregate such as sand, gravel or stone that is immediately incorporated into the work, and not stockpiled or further transported by truck, to or from the site of a project that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle, or employed to transport excavated material or spoil from and return to the site of a project that is subject to this section.
66.293(4)(a)2.
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 that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project that is subject to this section by a contractor, subcontractor, agent or other person performing any work on the site of the project.
66.293(4)(b)
(b) Notwithstanding
par. (a), a laborer, worker, mechanic or truck driver who is regularly employed in the processing, manufacturing or delivery of materials or products by or for a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products 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 determined under
sub. (3).
66.293(4)(c)
(c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of his or her truck.
66.293(5)
(5) Nonapplicability. This section does not apply to any single-trade public works project, including a highway, street or bridge construction project, for which the estimated project cost of completion is below $30,000 or an amount determined by the department under this subsection or to any multiple-trade public works project, including a highway, street or bridge construction project, for which the estimated project cost of completion is below $150,000 or an amount determined by the department under this subsection. The department shall adjust those dollar amounts every year, the first adjustment to be made not sooner than December 1, 1997. The adjustments shall be in proportion to any change in construction costs since the effective date of the dollar amounts established under this subsection.
66.293(6)
(6) Exemptions. The department, upon petition of any local governmental unit, shall issue an order exempting the local governmental unit from applying to the department for a determination under
sub. (3) when it is shown that an ordinance or other enactment of the local governmental unit sets forth standards, policy, procedure and practice resulting in standards as high or higher than those under this section.
66.293(8)
(8) Posting. For the information of the employes working on the project, the prevailing wage rates and prevailing hours of labor determined by the department or exempted local governmental unit and the provisions of
subs. (10) (a) and
(11) (a) shall be kept posted by the local governmental unit in at least one conspicuous and easily accessible place on the site of 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.
66.293(9)(a)(a) When the department finds that a local governmental unit has not requested a determination under
sub. (3) (am) or that a local governmental unit, contractor or subcontractor has not physically incorporated a determination into a contract or subcontract as required under this section or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under
sub. (3) (dm), the department shall notify the local governmental unit, contractor or subcontractor of such noncompliance and shall file the determination with the local governmental unit, contractor or subcontractor within 30 days after such notice.
66.293(9)(b)
(b) Upon completion of a project and before receiving final payment for his or her work on the project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until such an affidavit is filed in proper form and order.
66.293(9)(c)
(c) Upon completion of a project and before receiving final payment for his or her work on the project, each contractor shall file with the local governmental unit authorizing the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under
par. (b) from each of the contractor's agents and subcontractors. A local governmental unit may not authorize a final payment until such an affidavit is filed in proper form and order. If a local governmental unit authorizes a final payment before such an affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person specified in
sub. (4) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the local governmental unit withhold all or part of the final payment, but the local governmental unit fails to do so, the local governmental unit is liable for all back wages payable up to the amount of that final payment.
66.293(10)(a)(a) Each contractor, subcontractor or agent thereof performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person described in
sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid therefor.
66.293(10)(b)
(b) The department or the contracting local governmental unit may demand and examine, and it shall be the duty of every contractor, subcontractor and agent thereof to keep and furnish to the department or local governmental unit, copies of payrolls and other records and information relating to the wages paid to persons described in
sub. (4) for work to which this section applies. The department may inspect records in the manner provided in
chs. 103 to
106.Every contractor, subcontractor or agent performing work on a project that is subject to this section is subject to the requirements of
chs. 103 to
106 relating to the examination of records.
66.293(10)(c)
(c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor or agent performing work on a project that is subject to this section to ensure compliance with this section. If the contractor, subcontractor or agent subject to the inspection is found to be in compliance and if the person making the request is a person specified in
sub. (4), the department shall charge the person making the request the actual cost of the inspection. If the contractor, subcontractor or agent subject to the inspection is found to be in compliance and if the person making the request is not a person specified in
sub. (4), the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater.
66.293(10)(d)
(d) Section 103.005 (5) (f),
(11),
(12) and
(13) applies to this section, except that
s. 103.005 (12) (a) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under
sub. (3) (am) or
(ar).
Section 111.322 (2m) applies to discharge or other discriminatory acts arising in connection with any proceeding under this section, including proceedings under
sub. (11) (a).
66.293(11)(a)(a) Any contractor, subcontractor or agent thereof, who fails to pay the prevailing wage rate determined by the department under
sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under
sub. (3), shall be liable to any affected employe in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional equal amount as liquidated damages. An action to recover the liability may be maintained in any court of competent jurisdiction by any employe for and in behalf of that employe and other employes similarly situated. No employe may be a party plaintiff to any such action unless the employe consents in writing to become such a party and the consent is filed in the court in which the action is brought. Notwithstanding
s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.
66.293(11)(b)1.1. Except as provided in
subds. 2.,
4. and
6., any contractor, subcontractor or agent thereof who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any such violation continues shall be considered a separate offense.
66.293(11)(b)2.
2. Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive or return any part of the wages to which the individual is entitled under the contract governing such project, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project that is not subject to this section during a week in which the employe works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from such employment or by any other means is guilty of an offense under
s. 946.15 (1).
66.293(11)(b)3.
3. Any person employed on a project that is subject to this section who knowingly permits a contractor, subcontractor or agent thereof to pay him or her less than the prevailing wage rate set forth in the contract governing such project, who gives up, waives or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under
s. 946.15 (2).
66.293(11)(b)4.
4. Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the individual is entitled under the contract governing such project to be deducted from the individual's pay is guilty of an offense under
s. 946.15 (3), unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from an individual who is working on a project that is subject to
40 USC 276c.
66.293(11)(b)5.
5. Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing such project to be deducted from his or her pay is guilty of an offense under
s. 946.15 (4), unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to
40 USC 276c.
66.293(11)(b)6.
6. Subdivision 1. does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates or prevailing hours of labor under
sub. (3) (am) or
(ar).
66.293(12)(a)(a) Except as provided under
pars. (b) and
(c), the department shall notify any local governmental unit applying for a determination under
sub. (3) and any local governmental unit exempted under
sub. (6) of the names of all persons whom the department has found to have failed to pay the prevailing wage rate determined under
sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under
sub. (3) at any time in the preceding 3 years. The department shall include with any such name the address of such person and shall specify when such person failed to pay the prevailing wage rate and when such person failed to pay less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A local governmental unit may not award any contract to such person unless otherwise recommended by the department or unless at least 3 years have elapsed from the date the department issued its findings or the date of final determination by a court of competent jurisdiction, whichever is later.
66.293(12)(b)
(b) The department may not include in a notification under
par. (a) the name of any person on the basis of having let work to a person whom the department has found to have failed to pay the prevailing wage rate determined under
sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under
sub. (3).
66.293(12)(c)
(c) This subsection does not apply to any contractor, subcontractor or agent who in good faith commits a minor violation of this section, as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or who has not exhausted or waived all appeals.
66.293(12)(d)
(d) Any person submitting a bid on a project that is subject to this section shall be required, on the date the person submits the bid, to identify any construction business in which the person, or a shareholder, officer or partner of the person, if the person is a business, owns, or has owned at least a 25% interest on the date the person submits the bid or at any other time within 3 years preceding the date the person submits the bid, if the business has been found to have failed to pay the prevailing wage rate determined under
sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor determined under
sub. (3).
66.293(12)(e)
(e) The department shall promulgate rules to administer this subsection.
66.293 Annotation
Liability of prime contractor for damages to employes of a subcontractor under s. 779.14 (2) did not include wage penalties under s. 66.293 (3); consent to be a named party under s. (3) may occur after one year where the action is for damages under s 66.293 in the name of the plaintiffs and other similarly situated employes and was filed within the one year time period. Strong v. C.I.R., Inc. 184 W (2d) 619, NW (2d) (1994).
66.293 Annotation
This section is inapplicable to private corporation contracting for medical center. 61 Atty. Gen. 426.
66.293 Annotation
See note to 66.521, citing 63 Atty. Gen. 145.
66.293 Annotation
Municipalities are subject to (3) on contracts for any project of public works, even if done by the turnkey method. 64 Atty. Gen. 100.
66.295
66.295
Authority to pay for public work done in good faith. 66.295(1)(1) If any city, village, town or county has received and enjoyed or is enjoying any benefits or improvements furnished prior to March 1, 1973, under any contract which was no legal obligation on such city, village, town or county and which contract was entered into in good faith and has been fully performed and the work has been accepted by the proper officials, so as to impose a moral obligation upon such city, village, town or county to pay therefor, such city, village, town or county, by resolution of its governing body and in consideration of such moral obligation, may pay to the person furnishing such benefits or improvements the fair and reasonable value of such benefits and improvements.
66.295(2)
(2) The fair and reasonable value of such benefits and improvements and the funds out of which payment therefor shall be made shall be determined by the governing body of the city, village, town or county. Such payments may be made out of any available funds, and the governing body has authority, if necessary, to levy and collect taxes in sufficient amount to meet such payments.
66.295(3)
(3) Where payment for any benefits or improvements under
subs. (1) and
(2) is authorized by the governing body of the city, village or town and where special assessments shall have been levied for any portion of the benefits or improvements prior to the authorization of such payment, the local authorities shall proceed to make a new assessment of benefits and damages in the manner provided for the original assessment, except that steps required in the laws relating to the original assessment to be taken prior to the ordering or doing of such benefits or improvements may be taken after the authorization of such payment with the same effect as if taken prior to the ordering or doing of such benefits or improvements. The owner of any property affected by a reassessment may appeal in the same manner as from an original assessment. On a reassessment, full credit shall be given for all money collected under an original assessment for the benefits and improvements.
66.295 History
History: 1973 c. 97;
1993 a. 246.
66.295 Annotation
See note following 62.15 citing Blum v. Hillsboro, 49 W (2d) 667, 183 NW (2d) 47.
66.296
66.296
Discontinuance of streets and alleys. 66.296(1)
(1) The whole or any part of any road, street, slip, pier, lane or paved alley, in any 2nd, 3rd or 4th class city or in any village or town, may be discontinued by the common council or village or town board upon the written petition of the owners of all the frontage of the lots and lands abutting upon the portion thereof sought to be discontinued, and of the owners of more than one-third of the frontage of the lots and lands abutting on that portion of the remainder thereof which lies within 2,650 feet of the ends of the portion to be discontinued, or lies within so much of that 2,650 feet as shall be within the corporate limits of the city, village or town. The beginning and ending of an alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to
s. 80.11.
66.296(1m)
(1m) The whole or any part of any unpaved alley in any 2nd, 3rd or 4th class city or in any village or town may be discontinued by the common council or village or town board upon the written petition of the owners of more than 50% of the frontage of the lots and lands abutting upon the portion thereof sought to be discontinued. The beginning and ending of an alley shall be considered to be within the block in which it is located. This subsection does not apply to a highway upon the line between 2 towns that is subject to
s. 80.11.
66.296(2)(a)(a) As an alternative, proceedings covered by this section may be initiated by the common council or village or town board by the introduction of a resolution declaring that since the public interest requires it, the whole or any part of any road, street, slip, pier, lane or alley in the city, village or town is thereby vacated and discontinued.
66.296(2)(b)
(b) A hearing on the passage of such resolution shall be set by the common council or village or town board on a date which shall not be less than 40 days thereafter. Notice of the hearing shall be given as provided in
sub. (5), except that in addition notice of such hearing shall be served on the owners of all of the frontage of the lots and lands abutting upon the portion thereof sought to be discontinued in a manner provided for the service of summons in circuit court at least 30 days before such hearing. When such service cannot be made within the city, village or town, a copy of the notice shall be mailed to the owner's last-known address at least 30 days before the hearing.
66.296(2)(c)
(c) No discontinuance of the whole or any part of any road, street, slip, pier, lane or paved alley shall be ordered if a written objection to the proposed discontinuance is filed with the city, village or town clerk by any of the owners abutting on the portion sought to be discontinued or by the owners of more than one-third of the frontage of the lots and lands abutting on that portion of the remainder thereof which lies within 2,650 feet from the ends of the portion proposed to be discontinued; or which lies within so much of said 2,650 feet as shall be within the corporate limits of the city, village or town. The beginning and ending of an alley shall be considered to be within the block in which it is located.
66.296(2)(d)
(d) No discontinuance of an unpaved alley shall be ordered if a written objection to a proposed discontinuance is filed with the city, village or town clerk by the owner of one parcel of land that abuts the portion of the alley to be discontinued and if the alley provides the only access to off-street parking for the parcel of land owned by the objector.
66.296(2m)
(2m) For the purpose of this section, the narrowing, widening, extending or other alteration of any road, street, lane or alley does not constitute a discontinuance of any part of the former road, street, lane or alley, including any right-of-way, which is included within the right-of-way for the new road, street, lane or alley.
66.296(3)
(3) Whenever any of the lots or lands subject to this section is owned by the state, county, city, village or town, or by a minor or incompetent person, or the title thereof is held in trust, as to all lots and lands so owned or held, petitions for discontinuance or objections to discontinuance may be signed by the governor, chairperson of the board of supervisors of the county, mayor of the city, president of the village, chairperson of the town board, guardian of the minor or incompetent person, or the trustee, respectively, and the signature of any private corporation may be made by its president, secretary or other principal officer or managing agent.
66.296(4)
(4) The city council or village or town board may by resolution discontinue any alley or any portion thereof which has been abandoned, at any time after the expiration of 5 years from the date of the recording of the plat by which it was dedicated. Failure or neglect to work or use any alley or any portion thereof for a period of 5 years next preceding the date of notice provided for in
sub. (5) shall be considered an abandonment for the purpose of this section.
66.296(5)
(5) Notice stating when and where the petition or resolution will be acted upon and stating what road, street, slip, pier, lane or alley, or part thereof, is proposed to be discontinued, shall be published as a class 3 notice, under
ch. 985.
66.296(6)
(6) In proceedings under this section,
s. 840.11 shall be considered as a part of the proceedings.
66.296 History
History: 1973 c. 189 s.
20; Sup. Ct. Order, 67 W (2d) 585, 774 (1975);
1975 c. 46;
1993 a. 184,
246,
491;
1995 a. 239.
66.296 Cross-reference
Cross-reference: See s.
236.43 for other provisions for vacating streets.
66.296 Annotation
Enactment of (2m) did not eliminate any vested rights of abutting property owners. Miller v. City of Wauwatosa, 87 W (2d) 676, 275 NW (2d) 876 (1979).
66.296 Annotation
Discussion of who is property owner with veto rights under (2) (c). Voss v. City of Middleton, 162 W (2d) 737, 470 NW (2d) 625 (1991).
66.297
66.297
Discontinuance of public grounds. 66.297(1)
(1) In every city of the 1st class, the common council may vacate in whole or in part such highways, streets, alleys, grounds, waterways, public walks and other public grounds within the corporate limits of the city as in its opinion the public interest requires to be vacated or are of no public utility, subject to
s. 80.32 (4). Such proceedings shall be commenced either by a petition presented to the common council signed by the owners of all property which abuts upon the portion of the public facilities proposed to be vacated, or by a resolution adopted by the common council. The requirements of
s. 840.11 shall apply to proceedings under this section.
66.297(2)
(2) All petitions or resolutions shall be referred to a committee of the common council for a public hearing on such proposed discontinuance and at least 7 days shall elapse between the date of the last service and the date of such hearing. A notice of such hearing shall be served on the owners of record of all property which abuts upon the portion of the public facilities proposed to be vacated, in the manner provided for service of a summons.
66.297(3)
(3) If the common council initiates a discontinuance proceeding by resolution without a petition signed by all of the owners of the property which abuts the public facility proposed to be discontinued, any owner of property abutting such public facility whose property is damaged thereby may recover such damages as provided in
ch. 32.
66.297(4)
(4) The common council may also order that an assessment of benefits be made and when so ordered the assessment shall be made as provided in
s. 66.60.
66.297 History
History: 1973 c. 189 s.
20; Sup. Ct. Order, 67 W (2d) 585, 774 (1975).
66.298
66.298
Pedestrian malls. After referring the matter to the plan commission for report under
s. 62.23 (5), or the town zoning committee under
s. 60.61 (4), and after holding a public hearing on the matter with publication of a Class 1 notice of the hearing, the governing body of any city or village, or any town board acting under
s. 60.61 or
60.62, may by ordinance designate any street, road or public way or any part thereof wholly within its jurisdiction as a pedestrian mall and prohibit or limit the use thereof by vehicular traffic. Creation of such pedestrian malls shall not constitute a discontinuance or vacation of such street, road or public way under
s. 66.296 or
236.43.
66.298 History
History: 1993 a. 246.
66.299
66.299
Local governmental purchasing. 66.299(1)(a)
(a) "Local governmental unit" means a political subdivision of this state, a special purpose district in this state, an agency or corporation of such a political subdivision or special purpose district, or a combination or subunit of any of the foregoing.
66.299(2)
(2) Intergovernmental purchases without bids. Notwithstanding any statute requiring bids for public purchases, any local governmental unit may make purchases from another unit of government, including the state or federal government, without the intervention of bids.
66.299(3)
(3) Purchase of recycled materials. 66.299(3)(a)1.1. A local governmental unit shall, to the extent practicable, make purchasing selections using specifications developed under
s. 16.72 (2) (e) to maximize the purchase of products utilizing recycled or recovered materials.
66.299(3)(a)2.
2. Each local governmental unit shall ensure that the average recycled or recovered content of all paper purchased by the local governmental unit measured as a proportion, by weight, of the fiber content of all paper products purchased in a year, is not less than the following:
66.299(4)
(4) Purchase of recyclable materials. A local governmental unit shall, to the extent practicable, make purchasing selections using specifications prepared under
s. 16.72 (2) (f).
66.299(5)
(5) Life cycle cost estimate. A local governmental unit shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates whenever that action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated into the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance, and disposition or resale.
66.299 History
History: 1979 c. 122;
1989 a. 335.
66.30
66.30
Intergovernmental cooperation. 66.30(1)(a)(a) In this section "municipality" means the state or any department or agency thereof, or any city, village, town, county, school district, public library system, public inland lake protection and rehabilitation district, sanitary district, farm drainage district, metropolitan sewerage district, sewer utility district, solid waste management system created under
s. 59.70 (2), local exposition district created under
subch. II of ch. 229, local professional baseball park district created under
subch. III of ch. 229, water utility district, mosquito control district, municipal electric company, county or city transit commission, commission created by contract under this section, taxation district or regional planning commission.
66.30(1)(b)
(b) If the purpose of the intergovernmental cooperation is the establishment of a joint transit commission, "municipality" means any city, village, town or county.
66.30(2)
(2) In addition to the provisions of any other statutes specifically authorizing cooperation between municipalities, unless such statutes specifically exclude action under this section, any municipality may contract with other municipalities and with federally recognized Indian tribes and bands in this state, for the receipt or furnishing of services or the joint exercise of any power or duty required or authorized by law. If municipal or tribal parties to a contract have varying powers or duties under the law, each may act under the contract to the extent of its lawful powers and duties. This section shall be interpreted liberally in favor of cooperative action between municipalities and between municipalities and Indian tribes and bands in this state.
66.30(2g)
(2g) Any municipality, housing authority, development authority or redevelopment authority authorized under
ss. 66.40 to
66.435:
