Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB509 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 509
5	5	October 18, 2023 - Introduced by Representatives SHANKLAND, SINICKI, OHNSTAD,
6	6	C. ANDERSON, J. ANDERSON, BARE, CABRERA, CLANCY, CONLEY, CONSIDINE,
7	7	DOYLE, DRAKE, EMERSON, GOYKE, HAYWOOD, HONG, JACOBSON, JOERS, MADISON,
8	8	MOORE OMOKUNDE, NEUBAUER, ORTIZ-VELEZ, PALMERI, RATCLIFF, SHELTON,
9	9	SNODGRASS, STUBBS, SUBECK and VINING, cosponsored by Senators CARPENTER,
10	10	L. JOHNSON, AGARD, HESSELBEIN, LARSON, PFAFF, ROYS, SMITH, SPREITZER,
11	11	TAYLOR and WIRCH. Referred to Committee on Government Accountability and
12	12	Oversight.
13	13	*AUTHORS SUBJECT TO CHANGE*
14	14	AN ACT to repeal 84.54 and 86.51; to amend 66.0129 (5), 66.0903 (1) (c), 66.0903
15	15	(1) (f), 66.0903 (1) (j), 66.0903 (1m) (b), 103.005 (12) (a), 103.503 (1) (a), 103.503
16	16	(1) (e), 103.503 (2), 103.503 (3) (a) 2., 109.09 (1), 111.322 (2m) (a), 111.322 (2m)
17	17	(b) and 978.05 (6) (a); to repeal and recreate 66.0903 (1) (g) and 103.503 (1)
18	18	(g); and to create 19.36 (12), 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and
19	19	(im), 66.0903 (2) to (12), 84.41 (3), 103.49, 103.50, 104.001 (4), 106.04, 111.322
20	20	(2m) (c), 227.01 (13) (t), 229.682 (2), 229.8275 and 946.15 of the statutes;
21	21	relating to: prevailing wage, granting rule-making authority, and providing
22	22	a penalty.
23	23	Analysis by the Legislative Reference Bureau
24	24	Prevailing wage
25	25	This bill requires that laborers, workers, mechanics, and truck drivers
26	26	employed on the site of certain projects of public works be paid the prevailing wage
27	27	and not be required or allowed to work a greater number of hours per day and per
28	28	week than the prevailing hours of labor unless they are paid overtime for all hours
29	29	worked in excess of the prevailing hours of labor. Projects subject to the bill include
30	30	state and local projects of public works, including state highway projects, with
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42	42	exceptions including projects below certain cost thresholds, minor service or
43	43	maintenance work, and certain residential projects. Under the bill, “prevailing wage
44	44	rate” is defined as the hourly basic rate of pay, plus the hourly contribution for bona
45	45	fide economic benefits, paid for a majority of the hours worked in a trade or
46	46	occupation in the area in which the project is located, except that, if there is no rate
47	47	at which a majority of those hours is paid, “prevailing wage rate” means the average
48	48	hourly basic rate of pay, plus the average hourly contribution for bona fide economic
49	49	benefits, paid for the highest-paid 51 percent of hours worked in a trade or
50	50	occupation in the area. “Prevailing hours of labor" is defined as 10 hours per day and
51	51	40 hours per week, excluding weekends and holidays. The bill requires the
52	52	Department of Workforce Development to conduct investigations and hold public
53	53	hearings as necessary to define the trades or occupations that are commonly
54	54	employed on projects that are subject to the prevailing wage law and to inform itself
55	55	of the prevailing wage rates in all areas of the state for those trades or occupations,
56	56	in order to determine the prevailing wage rate for each trade or occupation. The bill
57	57	contains certain other provisions regarding the calculation of prevailing wage rates
58	58	by DWD, including provisions allowing persons to request recalculations or reviews
59	59	of the prevailing wage rates determined by DWD.
60	60	The bill requires contracts and notices for bids for projects subject to the bill to
61	61	include and incorporate provisions ensuring compliance with the requirements. The
62	62	bill also establishes a requirement that state agencies and local governments post
63	63	prevailing wage rates and hours of labor in areas readily accessible to persons
64	64	employed on the project or in sites regularly used for posting notices.
65	65	The bill makes a contractor that fails to pay the prevailing wage rate or
66	66	overtime pay to an employee as required under the prevailing wage law liable to the
67	67	affected employee for not only the amount of unpaid wages and overtime pay, but also
68	68	for liquidated damages in an amount equal to 100 percent of the unpaid wages and
69	69	overtime pay.
70	70	Finally, the bill includes, for both state and local projects of public works,
71	71	provisions regarding coverage, compliance, enforcement, and penalties, including 1)
72	72	requirements for affidavits to be filed by contractors affirming compliance with the
73	73	prevailing wage law; 2) record retention requirements for contractors regarding
74	74	wages paid to workers and provisions allowing for the inspection of those records by
75	75	DWD; 3) liability and penalty provisions for certain violations, including criminal
76	76	penalties; and 4) provisions prohibiting contracts from being awarded to persons who
77	77	have failed to comply with the prevailing wage law.
78	78	Transportation projects
79	79	Under current law, for certain highway projects for which the Department of
80	80	Transportation spends federal money, federal money must make up at least 70
81	81	percent of the funding for those projects. DOT is required to notify political
82	82	subdivisions receiving aid for local projects whether the aid includes federal moneys
83	83	and how those moneys must be spent. For certain projects that receive no federal
84	84	money, DOT may not require political subdivisions to comply with any portion of
85	85	DOT's facilities development manual other than design standards. Any local project
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90	90	program must be let through competitive bidding and by contract to the lowest
91	91	responsible bidder. The bill repeals all of these requirements.
92	92	Because this bill creates a new crime or revises a penalty for an existing crime,
93	93	the Joint Review Committee on Criminal Penalties may be requested to prepare a
94	94	report.
95	95	For further information see the state and local fiscal estimate, which will be
96	96	printed as an appendix to this bill.
97	97	The people of the state of Wisconsin, represented in senate and assembly, do
98	98	enact as follows:
99	99	SECTION 1. 19.36 (12) of the statutes is created to read:
100	100	19.36 (12) INFORMATION RELATING TO CERTAIN EMPLOYEES. Unless access is
101	101	specifically authorized or required by statute, an authority may not provide access
102	102	to a record prepared or provided by an employer performing work on a project to
103	103	which s. 66.0903, 103.49, or 103.50 applies, or on which the employer is otherwise
104	104	required to pay prevailing wages, if that record contains the name or other personally
105	105	identifiable information relating to an employee of that employer, unless the
106	106	employee authorizes the authority to provide access to that information. In this
107	107	subsection, “personally identifiable information" does not include an employee's
108	108	work classification, hours of work, or wage or benefit payments received for work on
109	109	such a project.
110	110	SECTION 2. 66.0129 (5) of the statutes is amended to read:
111	111	66.0129 (5) BIDS FOR CONSTRUCTION. The nonprofit corporation shall let all
112	112	contracts exceeding $1,000 for the construction, maintenance or repair of hospital
113	113	facilities to the lowest responsible bidder after advertising for bids by the publication
114	114	of a class 2 notice under ch. 985. Section Sections 66.0901 applies and 66.0903 apply
115	115	to bids and contracts under this subsection.
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134	134	SECTION 3 ASSEMBLY BILL 509
135	135	SECTION 3. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the
136	136	statutes are created to read:
137	137	66.0903 (1) (a) “Area" means the county in which a proposed project of public
138	138	works that is subject to this section is located or, if the department determines that
139	139	there is insufficient wage data in that county, “area" means those counties that are
140	140	contiguous to that county or, if the department determines that there is insufficient
141	141	wage data in those counties, “area" means those counties that are contiguous to those
142	142	counties or, if the department determines that there is insufficient wage data in those
143	143	counties, “area" means the entire state or, if the department is requested to review
144	144	a determination under sub. (3) (br), “area" means the city, village, or town in which
145	145	a proposed project of public works that is subject to this section is located.
146	146	(am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).
147	147	(b) “Department" means the department of workforce development.
148	148	(cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
149	149	(dr) “Minor service or maintenance work" means a project of public works that
150	150	is limited to minor crack filling, chip or slurry sealing, or other minor pavement
151	151	patching, not including overlays, that has a projected life span of no longer than 5
152	152	years or that is performed for a town and is not funded under s. 86.31, regardless of
153	153	projected life span; the depositing of gravel on an existing gravel road applied solely
154	154	to maintain the road; road shoulder maintenance; cleaning of drainage or sewer
155	155	ditches or structures; or any other limited, minor work on public facilities or
156	156	equipment that is routinely performed to prevent breakdown or deterioration.
157	157	(em) “Multiple-trade project of public works" has the meaning given in s.
158	158	103.49 (1) (br).
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187	187	(hm) “Single-trade project of public works" has the meaning given in s. 103.49
188	188	(1) (em).
189	189	(im) “Supply and installation contract" has the meaning given in s. 103.49 (1)
190	190	(fm).
191	191	SECTION 4. 66.0903 (1) (c) of the statutes is amended to read:
192	192	66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856
193	193	103.49 (1) (b), 2015 stats.
194	194	SECTION 5. 66.0903 (1) (f) of the statutes is amended to read:
195	195	66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856
196	196	103.49 (1) (e), 2015 stats. (c).
197	197	SECTION 6. 66.0903 (1) (g) of the statutes is repealed and recreated to read:
198	198	66.0903 (1) (g) “Prevailing wage rate" has the meaning given in s. 103.49 (1)
199	199	(d).
200	200	SECTION 7. 66.0903 (1) (j) of the statutes is amended to read:
201	201	66.0903 (1) (j) “Truck driver" includes an owner-operator of a truck has the
202	202	meaning given in s. 103.49 (1) (g).
203	203	SECTION 8. 66.0903 (1m) (b) of the statutes is amended to read:
204	204	66.0903 (1m) (b) The legislature finds that the enactment of ordinances or
205	205	other enactments by local governmental units requiring laborers, workers,
206	206	mechanics, and truck drivers employed on projects of public works or on publicly
207	207	funded private construction projects to be paid the prevailing wage rate and to be
208	208	paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the
209	209	prevailing hours of labor would be logically inconsistent with, would defeat the
210	210	purpose of, and would go against the repeals spirit of this section and the repeal of
211	211	s. 66.0904, 2009 stats., and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section
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239	239	shall be construed as an enactment of statewide concern for the purposes of
240	240	facilitating broader participation with respect to bidding on projects of public works,
241	241	ensuring that wages accurately reflect market conditions, providing local
242	242	governments with the flexibility to reduce costs on capital projects, and reducing
243	243	spending at all levels of government in this state purpose of providing uniform
244	244	prevailing wage rate and prevailing hours of labor requirements throughout the
245	245	state.
246	246	SECTION 9. 66.0903 (2) to (12) of the statutes are created to read:
247	247	66.0903 (2) APPLICABILITY. Subject to sub. (5), this section applies to any project
248	248	of public works erected, constructed, repaired, remodeled, or demolished for a local
249	249	governmental unit, including all of the following:
250	250	(a) A highway, street, bridge, building, or other infrastructure project.
251	251	(b) A project erected, constructed, repaired, remodeled, or demolished by one
252	252	local governmental unit for another local governmental unit under a contract under
253	253	s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically
254	254	authorizing cooperation between local governmental units.
255	255	(c) A project in which the completed facility is leased, purchased, lease
256	256	purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu
257	257	of the local governmental unit contracting for the erection, construction, repair,
258	258	remodeling, or demolition of the facility.
259	259	(d) A road, street, bridge, sanitary sewer, or water main project in which the
260	260	completed road, street, bridge, sanitary sewer, or water main is acquired by, or
261	261	dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership
262	262	or maintenance by the local governmental unit.
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289	289	SECTION 9
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291	291	(3) PREVAILING WAGE RATES AND HOURS OF LABOR. (am) A local governmental unit,
292	292	before making a contract by direct negotiation or soliciting bids on a contract for the
293	293	erection, construction, remodeling, repairing, or demolition of any project of public
294	294	works, shall apply to the department to determine the prevailing wage rate for each
295	295	trade or occupation required in the work contemplated. The department shall
296	296	conduct investigations and hold public hearings as necessary to define the trades or
297	297	occupations that are commonly employed on projects of public works that are subject
298	298	to this section and to inform itself of the prevailing wage rates in all areas of the state
299	299	for those trades or occupations, in order to determine the prevailing wage rate for
300	300	each trade or occupation. The department shall issue its determination within 30
301	301	days after receiving the request and shall file the determination with the requesting
302	302	local governmental unit.
303	303	(ar) The department shall, by January 1 of each year, compile the prevailing
304	304	wage rates for each trade or occupation in each area. The compilation shall, in
305	305	addition to the current prevailing wage rates, include future prevailing wage rates
306	306	when those prevailing wage rates can be determined for any trade or occupation in
307	307	any area and shall specify the effective date of those future prevailing wage rates.
308	308	If a project of public works extends into more than one area, the department shall
309	309	determine only one standard of prevailing wage rates for the entire project.
310	310	(av) In determining prevailing wage rates under par. (am) or (ar), the
311	311	department may not use data from projects that are subject to this section, s. 103.49
312	312	or 103.50, or 40 USC 3142 unless the department determines that there is
313	313	insufficient wage data in the area to determine those prevailing wage rates, in which
314	314	case the department may use data from projects that are subject to this section, s.
315	315	103.49 or 103.50, or 40 USC 3142. In determining prevailing wage rates under par.
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343	343	(am) or (ar), the department may not use data from any construction work that is
344	344	performed by a local governmental unit or a state agency.
345	345	(bm) Any person may request a recalculation of any portion of an initial
346	346	determination within 30 days after the initial determination date if the person
347	347	submits evidence with the request showing that the prevailing wage rate for any
348	348	given trade or occupation included in the initial determination does not represent the
349	349	prevailing wage rate for that trade or occupation in the area. The evidence shall
350	350	include wage rate information reflecting work performed by individuals working in
351	351	the contested trade or occupation in the area during the current survey period. The
352	352	department shall affirm or modify the initial determination within 15 days after the
353	353	date on which the department receives the request for recalculation.
354	354	(br) In addition to the recalculation under par. (bm), the local governmental
355	355	unit that requested the determination under this subsection may request a review
356	356	of any portion of a determination within 30 days after the date of issuance of the
357	357	determination if the local governmental unit submits evidence with the request
358	358	showing that the prevailing wage rate for any given trade or occupation included in
359	359	the determination does not represent the prevailing wage rate for that trade or
360	360	occupation in the city, village, or town in which the proposed project of public works
361	361	is located. That evidence shall include wage rate information for the contested trade
362	362	or occupation on at least 3 similar projects located in the city, village, or town where
363	363	the proposed project of public works is located and on which some work has been
364	364	performed during the current survey period and which were considered by the
365	365	department in issuing its most recent compilation under par. (ar). The department
366	366	shall affirm or modify the determination within 15 days after the date on which the
367	367	department receives the request for review.
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395	395	SECTION 9
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397	397	(dm) A local governmental unit that is subject to this section shall include a
398	398	reference to the prevailing wage rates determined by the department and to the
399	399	prevailing hours of labor in the notice published for the purpose of securing bids for
400	400	the project of public works. Except as otherwise provided in this paragraph, if any
401	401	contract or subcontract for a project of public works is entered into, the prevailing
402	402	wage rates determined by the department and the prevailing hours of labor shall be
403	403	physically incorporated into and made a part of the contract or subcontract. For a
404	404	minor subcontract, as determined by the department, the department shall
405	405	prescribe by rule the method of notifying the minor subcontractor of the prevailing
406	406	wage rates and prevailing hours of labor applicable to the minor subcontract. The
407	407	prevailing wage rates and prevailing hours of labor applicable to a contract or
408	408	subcontract may not be changed during the time that the contract or subcontract is
409	409	in force.
410	410	(e) No contractor, subcontractor, or contractor's or subcontractor's agent that
411	411	is subject to this section may do any of the following:
412	412	1. Pay an individual performing the work described in sub. (4) less than the
413	413	prevailing wage rate in the same or most similar trade or occupation determined
414	414	under this subsection.
415	415	2. Allow an individual performing the work described in sub. (4) to work a
416	416	greater number of hours per day or per week than the prevailing hours of labor,
417	417	unless the contractor, subcontractor, or contractor's or subcontractor's agent pays
418	418	the individual for all hours worked in excess of the prevailing hours of labor at a rate
419	419	of at least 1.5 times the individual's hourly basic rate of pay.
420	420	(4) COVERED EMPLOYEES. (a) Subject to par. (b), any person subject to this
421	421	section shall pay all of the following employees the prevailing wage rate determined
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449	449	under sub. (3) and may not allow such employees to work a greater number of hours
450	450	per day or per week than the prevailing hours of labor, unless the person pays the
451	451	employee for all hours worked in excess of the prevailing hours of labor at a rate of
452	452	at least 1.5 times the employee's hourly basic rate of pay:
453	453	1. All laborers, workers, mechanics, and truck drivers employed on the site of
454	454	a project of public works that is subject to this section.
455	455	2. All laborers, workers, mechanics, and truck drivers employed in the
456	456	manufacturing or furnishing of materials, articles, supplies, or equipment on the site
457	457	of a project of public works that is subject to this section or from a facility dedicated
458	458	exclusively, or nearly so, to a project of public works that is subject to this section by
459	459	a contractor, subcontractor, agent, or other person performing any work on the site
460	460	of the project.
461	461	(b) A laborer, worker, mechanic, or truck driver who is employed to process,
462	462	manufacture, pick up, or deliver materials or products from a commercial
463	463	establishment that has a fixed place of business from which the establishment
464	464	supplies processed or manufactured materials or products or from a facility that is
465	465	not dedicated exclusively, or nearly so, to a project of public works that is subject to
466	466	this section is not entitled to receive the prevailing wage rate determined under sub.
467	467	(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
468	468	worked in excess of the prevailing hours of labor unless any of the following applies:
469	469	1. The laborer, worker, mechanic, or truck driver is employed to go to the source
470	470	of mineral aggregate such as sand, gravel, or stone and deliver that mineral
471	471	aggregate to the site of a project of public works that is subject to this section by
472	472	depositing the material directly in final place, from the transporting vehicle or
473	473	through spreaders from the transporting vehicle.
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503	503	2. The laborer, worker, mechanic, or truck driver is employed to go to the site
504	504	of a project of public works that is subject to this section, pick up excavated material
505	505	or spoil from the site of the project, and transport that excavated material or spoil
506	506	away from the site of the project.
507	507	(c) A person subject to this section shall pay a truck driver who is an
508	508	owner-operator of a truck separately for his or her work and for the use of his or her
509	509	truck.
510	510	(5) NONAPPLICABILITY. This section does not apply to any of the following:
511	511	(a) A single-trade project of public works for which the estimated project cost
512	512	of completion is less than $48,000, a multiple-trade project of public works for which
513	513	the estimated project cost of completion is less than $100,000, or, in the case of a
514	514	multiple-trade project of public works erected, constructed, repaired, remodeled, or
515	515	demolished by a private contractor for a city or village having a population of less
516	516	than 2,500 or for a town, a multiple-trade project of public works for which the
517	517	estimated project cost of completion is less than $234,000.
518	518	(b) Work performed on a project of public works for which the local
519	519	governmental unit contracting for the project is not required to compensate any
520	520	contractor, subcontractor, contractor's or subcontractor's agent, or individual for
521	521	performing the work.
522	522	(c) Minor service or maintenance work, warranty work, or work under a supply
523	523	and installation contract.
524	524	(f) A project of public works involving the erection, construction, repair,
525	525	remodeling, or demolition of a residential property containing 2 dwelling units or
526	526	less.
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552	552	SECTION 9 ASSEMBLY BILL 509
553	553	(g) A road, street, bridge, sanitary sewer, or water main project that is a part
554	554	of a development in which not less than 90 percent of the lots contain or will contain
555	555	2 dwelling units or less, as determined by the local governmental unit at the time of
556	556	approval of the development, and that, on completion, is acquired by, or dedicated to,
557	557	a local governmental unit, including under s. 236.13 (2), for ownership or
558	558	maintenance by the local governmental unit.
559	559	(8) POSTING. A local governmental unit that has contracted for a project of
560	560	public works shall post the prevailing wage rates determined by the department, the
561	561	prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) in at least
562	562	one conspicuous place on the site of the project that is easily accessible by employees
563	563	working on the project, or, if there is no common site on the project, at the place
564	564	normally used by the local governmental unit to post public notices.
565	565	(9) COMPLIANCE. (a) When the department finds that a local governmental unit
566	566	has not requested a determination under sub. (3) (am) or that a local governmental
567	567	unit, contractor, or subcontractor has not physically incorporated a determination
568	568	into a contract or subcontract as required under this section or has not notified a
569	569	minor subcontractor of a determination in the manner prescribed by the department
570	570	by rule promulgated under sub. (3) (dm), the department shall notify the local
571	571	governmental unit, contractor, or subcontractor of the noncompliance and shall file
572	572	the determination with the local governmental unit, contractor, or subcontractor
573	573	within 30 days after the notice.
574	574	(b) Upon completion of a project of public works and before receiving final
575	575	payment for his or her work on the project, each agent or subcontractor shall furnish
576	576	the contractor with an affidavit stating that the agent or subcontractor has complied
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603	603	SECTION 9
604	604	ASSEMBLY BILL 509
605	605	fully with the requirements of this section. A contractor may not authorize final
606	606	payment until the affidavit is filed in proper form and order.
607	607	(c) Upon completion of a project of public works and before receiving final
608	608	payment for his or her work on the project, each contractor shall file with the local
609	609	governmental unit authorizing the work an affidavit stating that the contractor has
610	610	complied fully with the requirements of this section and that the contractor has
611	611	received an affidavit under par. (b) from each of the contractor's agents and
612	612	subcontractors. A local governmental unit may not authorize a final payment until
613	613	the affidavit is filed in proper form and order. If a local governmental unit authorizes
614	614	a final payment before an affidavit is filed in proper form and order or if the
615	615	department determines, based on the greater weight of the credible evidence, that
616	616	any person performing the work specified in sub. (4) has been or may have been paid
617	617	less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay
618	618	for all hours worked in excess of the prevailing hours of labor and requests that the
619	619	local governmental unit withhold all or part of the final payment, but the local
620	620	governmental unit fails to do so, the local governmental unit is liable for all back
621	621	wages payable up to the amount of the final payment.
622	622	(10) RECORDS; INSPECTION; ENFORCEMENT. (a) Each contractor, subcontractor, or
623	623	contractor's or subcontractor's agent that performs work on a project of public works
624	624	that is subject to this section shall keep full and accurate records clearly indicating
625	625	the name and trade or occupation of every individual performing the work described
626	626	in sub. (4) and an accurate record of the number of hours worked by each of those
627	627	individuals and the actual wages paid for the hours worked.
628	628	(b) The department or the contracting local governmental unit may demand
629	629	and examine, and every contractor, subcontractor, and contractor's or
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656	656	SECTION 9 ASSEMBLY BILL 509
657	657	subcontractor's agent shall keep, and furnish upon request by the department or
658	658	local governmental unit, copies of payrolls and other records and information
659	659	relating to the wages paid to individuals performing the work described in sub. (4)
660	660	for work to which this section applies. The department may inspect records in the
661	661	manner provided in ch. 103. Every contractor, subcontractor, or agent performing
662	662	work on a project of public works that is subject to this section is subject to the
663	663	requirements of ch. 103 relating to the examination of records.
664	664	(c) If requested by any person, the department shall inspect the payroll records
665	665	of any contractor, subcontractor, or agent performing work on a project of public
666	666	works that is subject to this section as provided in this paragraph to ensure
667	667	compliance with this section. On receipt of such a request, the department shall
668	668	request that the contractor, subcontractor, or agent submit to the department a
669	669	certified record of the information specified in par. (a), other than personally
670	670	identifiable information relating to an employee of the contractor, subcontractor, or
671	671	agent, for no longer than a 4-week period. The department may request that a
672	672	contractor, subcontractor, or agent submit those records no more than once per
673	673	calendar quarter for each project of public works on which the contractor,
674	674	subcontractor, or agent is performing work. The department may not charge a
675	675	requester a fee for obtaining that information. Certified records submitted to the
676	676	department under this paragraph are open for public inspection and copying under
677	677	s. 19.35 (1).
678	678	(d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except that
679	679	s. 103.005 (12) (a) does not apply to a person who fails to provide any information to
680	680	the department to assist the department in determining prevailing wage rates under
681	681	sub. (3) (am) or (ar). Section 111.322 (2m) applies to discharge and other
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709	709	SECTION 9
710	710	ASSEMBLY BILL 509
711	711	discriminatory acts arising in connection with any proceeding under this section,
712	712	including proceedings under sub. (11) (a).
713	713	(11) LIABILITY AND PENALTIES. (a) 1. A contractor, subcontractor, or contractor's
714	714	or subcontractor's agent who fails to pay the prevailing wage rate determined by the
715	715	department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
716	716	pay for all hours worked in excess of the prevailing hours of labor is liable to any
717	717	affected employee in the amount of his or her unpaid wages or his or her unpaid
718	718	overtime compensation and in an additional amount as liquidated damages as
719	719	provided under subd. 2. or 3., whichever is applicable.
720	720	2. If the department determines upon inspection under sub. (10) (b) or (c) that
721	721	a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
722	722	the prevailing wage rate determined by the department under sub. (3) or has paid
723	723	less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
724	724	prevailing hours of labor, the department shall order the contractor to pay to any
725	725	affected employee the amount of his or her unpaid wages or his or her unpaid
726	726	overtime compensation and an additional amount equal to 100 percent of the amount
727	727	of those unpaid wages or that unpaid overtime compensation as liquidated damages
728	728	within a period specified by the department in the order.
729	729	3. In addition to or in lieu of recovering the liability specified in subd. 1. as
730	730	provided in subd. 2., any employee for and on behalf of that employee and other
731	731	employees similarly situated may commence an action to recover that liability in any
732	732	court of competent jurisdiction. If the court finds that a contractor, subcontractor,
733	733	or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
734	734	determined by the department under sub. (3) or has paid less than 1.5 times the
735	735	hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
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762	762	SECTION 9 ASSEMBLY BILL 509
763	763	the court shall order the contractor, subcontractor, or agent to pay to any affected
764	764	employee the amount of his or her unpaid wages or his or her unpaid overtime
765	765	compensation and an additional amount equal to 100 percent of the amount of those
766	766	unpaid wages or that unpaid overtime compensation as liquidated damages.
767	767	5. No employee may be a party plaintiff to an action under subd. 3. unless the
768	768	employee consents in writing to become a party and the consent is filed in the court
769	769	in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
770	770	addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
771	771	and costs to be paid by the defendant.
772	772	(b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor,
773	773	or contractor's or subcontractor's agent who violates this section may be fined not
774	774	more than $200 or imprisoned for not more than 6 months or both. Each day that
775	775	any violation continues is a separate offense.
776	776	2. Whoever induces any individual who seeks to be or is employed on any
777	777	project of public works that is subject to this section to give up, waive, or return any
778	778	part of the wages to which the individual is entitled under the contract governing the
779	779	project, or who reduces the hourly basic rate of pay normally paid to an individual
780	780	for work on a project that is not subject to this section during a week in which the
781	781	individual works both on a project of public works that is subject to this section and
782	782	on a project that is not subject to this section, by threat not to employ, by threat of
783	783	dismissal from employment, or by any other means is guilty of an offense under s.
784	784	946.15 (1).
785	785	3. Any individual employed on a project of public works that is subject to this
786	786	section who knowingly allows a contractor, subcontractor, or contractor's or
787	787	subcontractor's agent to pay him or her less than the prevailing wage rate set forth
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815	815	SECTION 9
816	816	ASSEMBLY BILL 509
817	817	in the contract governing the project, who gives up, waives, or returns any part of the
818	818	compensation to which he or she is entitled under the contract, or who gives up,
819	819	waives, or returns any part of the compensation to which he or she is normally
820	820	entitled for work on a project that is not subject to this section during a week in which
821	821	the individual works both on a project of public works that is subject to this section
822	822	and on a project that is not subject to this section, is guilty of an offense under s.
823	823	946.15 (2).
824	824	4. Whoever induces any individual who seeks to be or is employed on any
825	825	project of public works that is subject to this section to allow any part of the wages
826	826	to which the individual is entitled under the contract governing the project to be
827	827	deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless
828	828	the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
829	829	working on a project that is subject to 40 USC 3142.
830	830	5. Any individual who is employed on a project of public works that is subject
831	831	to this section who knowingly allows any part of the wages to which he or she is
832	832	entitled under the contract governing the project to be deducted from his or her pay
833	833	is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed
834	834	under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject
835	835	to 40 USC 3142.
836	836	6. Subdivision 1. does not apply to any person who fails to provide any
837	837	information to the department to assist the department in determining prevailing
838	838	wage rates under sub. (3) (am) or (ar).
839	839	(12) DEBARMENT. (a) Except as provided under pars. (b) and (c), the department
840	840	shall notify any local governmental unit applying for a determination under sub. (3)
841	841	of the names of all persons that the department has found to have failed to pay the
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868	868	SECTION 9 ASSEMBLY BILL 509
869	869	prevailing wage rate determined under sub. (3) or has found to have paid less than
870	870	1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
871	871	hours of labor at any time in the preceding 3 years. The department shall include
872	872	with each name the address of the person and shall specify when the person failed
873	873	to pay the prevailing wage rate and when the person paid less than 1.5 times the
874	874	hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.
875	875	A local governmental unit may not award any contract to the person unless otherwise
876	876	recommended by the department or unless 3 years have elapsed from the date the
877	877	department issued its findings or the date of final determination by a court of
878	878	competent jurisdiction, whichever is later.
879	879	(b) The department may not include in a notification under par. (a) the name
880	880	of any person on the basis of having subcontracted a contract for a project of public
881	881	works to a person that the department has found to have failed to pay the prevailing
882	882	wage rate determined under sub. (3) or has found to have paid less than 1.5 times
883	883	the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
884	884	labor.
885	885	(c) This subsection does not apply to any contractor, subcontractor, or agent
886	886	who in good faith commits a minor violation of this section, as determined on a
887	887	case-by-case basis through administrative hearings with all rights to due process
888	888	afforded to all parties or who has not exhausted or waived all appeals.
889	889	(d) Any person submitting a bid or negotiating a contract on a project of public
890	890	works that is subject to this section shall, on the date the person submits the bid or
891	891	negotiates the contract, identify any construction business in which the person, or
892	892	a shareholder, officer, or partner of the person, if the person is a business, owns, or
893	893	has owned at least a 25 percent interest on the date the person submits the bid or
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921	921	SECTION 9
922	922	ASSEMBLY BILL 509
923	923	negotiates the contract or at any other time within 3 years preceding the date the
924	924	person submits the bid or negotiates the contract, if the business has been found to
925	925	have failed to pay the prevailing wage rate determined under sub. (3) or to have paid
926	926	less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
927	927	prevailing hours of labor.
928	928	(e) The department shall promulgate rules to administer this subsection.
929	929	SECTION 10. 84.41 (3) of the statutes is created to read:
930	930	84.41 (3) EMPLOYMENT REGULATIONS. Employment regulations set forth in s.
931	931	103.50 pertaining to wages and hours shall apply to all projects constructed under
932	932	s. 84.40 in the same manner as such laws apply to projects on other state highways.
933	933	Where applicable, the federal wages and hours law known as the Davis-Bacon act
934	934	shall apply.
935	935	SECTION 11. 84.54 of the statutes is repealed.
936	936	SECTION 12. 86.51 of the statutes is repealed.
937	937	SECTION 13. 103.005 (12) (a) of the statutes is amended to read:
938	938	103.005 (12) (a) If any employer, employee, owner, or other person violates chs.
939	939	103 to 106, or fails or refuses to perform any duty required under chs. 103 to 106,
940	940	within the time prescribed by the department, for which no penalty has been
941	941	specifically provided, or fails, neglects or refuses to obey any lawful order given or
942	942	made by the department or any judgment or decree made by any court in connection
943	943	with chs. 103 to 106, for each such violation, failure or refusal, the employer,
944	944	employee, owner or other person shall forfeit not less than $10 nor more than $100
945	945	for each offense. This paragraph does not apply to any person that fails to provide
946	946	any information to the department to assist the department in determining
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972	972	SECTION 13 ASSEMBLY BILL 509
973	973	prevailing wage rates or prevailing hours of labor under s. 103.49 (3) (a) or (am) or
974	974	103.50 (3) or (4).
975	975	SECTION 14. 103.49 of the statutes is created to read:
976	976	103.49 Wage rate on state work. (1) DEFINITIONS. In this section:
977	977	(a) “Area" means the county in which a proposed project of public works that
978	978	is subject to this section is located or, if the department determines that there is
979	979	insufficient wage data in that county, “area" means those counties that are
980	980	contiguous to that county or, if the department determines that there is insufficient
981	981	wage data in those counties, “area" means those counties that are contiguous to those
982	982	counties or, if the department determines that there is insufficient wage data in those
983	983	counties, “area" means the entire state or, if the department is requested to review
984	984	a determination under sub. (3) (c), “area" means the city, village, or town in which
985	985	a proposed project of public works that is subject to this section is located.
986	986	(am) “Bona fide economic benefit" means an economic benefit for which an
987	987	employer makes irrevocable contributions to a trust or fund created under 29 USC
988	988	186 (c) or to any other bona fide plan, trust, program, or fund no less often than
989	989	quarterly or, if an employer makes annual contributions to such a bona fide plan,
990	990	trust, program, or fund, for which the employer irrevocably escrows moneys at least
991	991	quarterly based on the employer's expected annual contribution.
992	992	(b) “Hourly basic rate of pay" means the hourly wage paid to any employee,
993	993	excluding any contributions or payments for health insurance benefits, vacation
994	994	benefits, pension benefits, and any other bona fide economic benefits, whether paid
995	995	directly or indirectly.
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1021	1021	SECTION 14
1022	1022	ASSEMBLY BILL 509
1023	1023	(bg) “Insufficient wage data" means less than 500 hours of work performed in
1024	1024	a particular trade or occupation on projects that are similar to a proposed project of
1025	1025	public works that is subject to this section.
1026	1026	(bj) “Minor service or maintenance work" means a project of public works that
1027	1027	is limited to minor crack filling, chip or slurry sealing, or other minor pavement
1028	1028	patching, not including overlays, that has a projected life span of no longer than 5
1029	1029	years; cleaning of drainage or sewer ditches or structures; or any other limited, minor
1030	1030	work on public facilities or equipment that is routinely performed to prevent
1031	1031	breakdown or deterioration.
1032	1032	(br) “Multiple-trade project of public works" means a project of public works
1033	1033	in which no single trade accounts for 85 percent or more of the total labor cost of the
1034	1034	project.
1035	1035	(c) “Prevailing hours of labor" for any trade or occupation in any area means
1036	1036	10 hours per day and 40 hours per week and may not include any hours worked on
1037	1037	a Saturday or Sunday or on any of the following holidays:
1038	1038	1. January 1.
1039	1039	2. The last Monday in May.
1040	1040	3. July 4.
1041	1041	4. The first Monday in September.
1042	1042	5. The 4th Thursday in November.
1043	1043	6. December 25.
1044	1044	7. The day before if January 1, July 4, or December 25 falls on a Saturday.
1045	1045	8. The day following if January 1, July 4, or December 25 falls on a Sunday.
1046	1046	(d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
1047	1047	occupation engaged in the erection, construction, remodeling, repairing, or
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1074	1074	SECTION 14 ASSEMBLY BILL 509
1075	1075	demolition of any project of public works in any area means the hourly basic rate of
1076	1076	pay, plus the hourly contribution for health insurance benefits, vacation benefits,
1077	1077	pension benefits, and any other bona fide economic benefit, paid directly or indirectly
1078	1078	for a majority of the hours worked in the trade or occupation on projects in the area.
1079	1079	2. If there is no rate at which a majority of the hours worked in the trade or
1080	1080	occupation on projects in the area is paid, “prevailing wage rate" for any trade or
1081	1081	occupation engaged in the erection, construction, remodeling, repairing, or
1082	1082	demolition of any project of public works in any area means the average hourly basic
1083	1083	rate of pay, weighted by the number of hours worked, plus the average hourly
1084	1084	contribution, weighted by the number of hours worked, for health insurance benefits,
1085	1085	vacation benefits, pension benefits, and any other bona fide economic benefit, paid
1086	1086	directly or indirectly for all hours worked at the hourly basic rate of pay of the
1087	1087	highest-paid 51 percent of hours worked in that trade or occupation on projects in
1088	1088	that area.
1089	1089	(em) “Single-trade project of public works" means a project of public works in
1090	1090	which a single trade accounts for 85 percent or more of the total labor cost of the
1091	1091	project.
1092	1092	(f) “State agency" means any office, department, independent agency,
1093	1093	institution of higher education, association, society, or other body in state
1094	1094	government created or authorized to be created by the constitution or any law,
1095	1095	including the legislature and the courts. “State agency" also includes the University
1096	1096	of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
1097	1097	Authority, and the Wisconsin Aerospace Authority.
1098	1098	(fm) “Supply and installation contract" means a contract under which the
1099	1099	material is installed by the supplier, the material is installed by means of simple
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1127	1127	SECTION 14
1128	1128	ASSEMBLY BILL 509
1129	1129	fasteners or connectors such as screws or nuts and bolts, and no other work is
1130	1130	performed on the site of the project of public works, and the total labor cost to install
1131	1131	the material does not exceed 20 percent of the total cost of the contract.
1132	1132	(g) “Truck driver" includes an owner-operator of a truck.
1133	1133	(1m) APPLICABILITY. Subject to sub. (3g), this section applies to any project of
1134	1134	public works erected, constructed, repaired, remodeled, or demolished for the state
1135	1135	or a state agency, including all of the following:
1136	1136	(a) A project erected, constructed, repaired, remodeled, or demolished by one
1137	1137	state agency for another state agency under any contract or under any statute
1138	1138	specifically authorizing cooperation between state agencies.
1139	1139	(b) A project in which the completed facility is leased, purchased, lease
1140	1140	purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or
1141	1141	a state agency contracting for the erection, construction, repair, remodeling, or
1142	1142	demolition of the facility.
1143	1143	(c) A sanitary sewer or water main project in which the completed sanitary
1144	1144	sewer or water main is acquired by, or dedicated to, the state for ownership or
1145	1145	maintenance by the state.
1146	1146	(2) PREVAILING WAGE RATES AND HOURS OF LABOR. Any contract made for the
1147	1147	erection, construction, remodeling, repairing, or demolition of any project of public
1148	1148	works to which the state or any state agency is a party shall contain a stipulation that
1149	1149	no individual performing the work described in sub. (2m) may be allowed to work a
1150	1150	greater number of hours per day or per week than the prevailing hours of labor,
1151	1151	except that any such individual may be allowed or required to work more than such
1152	1152	prevailing hours of labor per day and per week if he or she is paid for all hours worked
1153	1153	in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly
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1180	1180	SECTION 14 ASSEMBLY BILL 509
1181	1181	basic rate of pay; nor may he or she be paid less than the prevailing wage rate
1182	1182	determined under sub. (3) in the same or most similar trade or occupation in the area
1183	1183	in which the project of public works is situated. The notice published for the purpose
1184	1184	of securing bids for the project must contain a reference to the prevailing wage rates
1185	1185	determined under sub. (3) and the prevailing hours of labor. Except as otherwise
1186	1186	provided in this subsection, if any contract or subcontract for a project of public works
1187	1187	that is subject to this section is entered into, the prevailing wage rates determined
1188	1188	under sub. (3) and the prevailing hours of labor shall be physically incorporated into
1189	1189	and made a part of the contract or subcontract. For a minor subcontract, as
1190	1190	determined by the department, the department shall prescribe by rule the method
1191	1191	of notifying the minor subcontractor of the prevailing wage rates and prevailing
1192	1192	hours of labor applicable to the minor subcontract. The prevailing wage rates and
1193	1193	prevailing hours of labor applicable to a contract or subcontract may not be changed
1194	1194	during the time that the contract or subcontract is in force.
1195	1195	(2m) COVERED EMPLOYEES. (a) Subject to par. (b), any person subject to this
1196	1196	section shall pay all of the following employees the prevailing wage rate determined
1197	1197	under sub. (3) and may not allow such employees to work a greater number of hours
1198	1198	per day or per week than the prevailing hours of labor, unless the person pays for all
1199	1199	hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
1200	1200	the employees' hourly basic rate of pay:
1201	1201	1. All laborers, workers, mechanics, and truck drivers employed on the site of
1202	1202	a project of public works that is subject to this section.
1203	1203	2. All laborers, workers, mechanics, and truck drivers employed in the
1204	1204	manufacturing or furnishing of materials, articles, supplies, or equipment on the site
1205	1205	of a project of public works that is subject to this section or from a facility dedicated
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1233	1233	SECTION 14
1234	1234	ASSEMBLY BILL 509
1235	1235	exclusively, or nearly so, to a project of public works that is subject to this section by
1236	1236	a contractor, subcontractor, agent, or other person performing any work on the site
1237	1237	of the project.
1238	1238	(b) A laborer, worker, mechanic, or truck driver who is employed to process,
1239	1239	manufacture, pick up, or deliver materials or products from a commercial
1240	1240	establishment that has a fixed place of business from which the establishment
1241	1241	supplies processed or manufactured materials or products or from a facility that is
1242	1242	not dedicated exclusively, or nearly so, to a project of public works that is subject to
1243	1243	this section is not entitled to receive the prevailing wage rate determined under sub.
1244	1244	(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
1245	1245	worked in excess of the prevailing hours of labor unless any of the following applies:
1246	1246	1. The laborer, worker, mechanic, or truck driver is employed to go to the source
1247	1247	of mineral aggregate such as sand, gravel, or stone and deliver that mineral
1248	1248	aggregate to the site of a project of public works that is subject to this section by
1249	1249	depositing the material directly in final place, from the transporting vehicle or
1250	1250	through spreaders from the transporting vehicle.
1251	1251	2. The laborer, worker, mechanic, or truck driver is employed to go to the site
1252	1252	of a project that is subject to this section, pick up excavated material or spoil from
1253	1253	the site of the project of public works, and transport that excavated material or spoil
1254	1254	away from the site of the project.
1255	1255	(c) A person that is subject to this section shall pay a truck driver who is an
1256	1256	owner-operator of a truck separately for his or her work and for the use of his or her
1257	1257	truck.
1258	1258	(3) INVESTIGATION; DETERMINATION. (a) Before a state agency issues a request
1259	1259	for bids for any work to which this section applies, the state agency having the
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1286	1286	SECTION 14 ASSEMBLY BILL 509
1287	1287	authority to prescribe the specifications shall apply to the department to determine
1288	1288	the prevailing wage rate for each trade or occupation required in the work under
1289	1289	contemplation in the area in which the work is to be done. The department shall
1290	1290	conduct investigations and hold public hearings as necessary to define the trades or
1291	1291	occupations that are commonly employed on projects that are subject to this section
1292	1292	and to inform itself of the prevailing wage rates in all areas of the state for those
1293	1293	trades or occupations, in order to determine the prevailing wage rate for each trade
1294	1294	or occupation. The department shall issue its determination within 30 days after
1295	1295	receiving the request and shall file the determination with the requesting state
1296	1296	agency. A state agency that has contracted for a project of public works subject to this
1297	1297	section shall post the prevailing wage rates determined by the department, the
1298	1298	prevailing hours of labor, and the provisions of subs. (2) and (6m) in at least one
1299	1299	conspicuous place on the site of the project that is easily accessible by employees
1300	1300	working on the project.
1301	1301	(am) The department shall, by January 1 of each year, compile the prevailing
1302	1302	wage rates for each trade or occupation in each area. The compilation shall, in
1303	1303	addition to the current prevailing wage rates, include future prevailing wage rates
1304	1304	when those prevailing wage rates can be determined for any trade or occupation in
1305	1305	any area and shall specify the effective date of those future prevailing wage rates.
1306	1306	If a project of public works extends into more than one area, the department shall
1307	1307	determine only one standard of prevailing wage rates for the entire project.
1308	1308	(ar) In determining prevailing wage rates under par. (a) or (am), the
1309	1309	department may not use data from projects that are subject to this section, s. 66.0903,
1310	1310	103.50, or 229.8275, or 40 USC 3142 unless the department determines that there
1311	1311	is insufficient wage data in the area to determine those prevailing wage rates, in
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1339	1339	SECTION 14
1340	1340	ASSEMBLY BILL 509
1341	1341	which case the department may use data from projects that are subject to this
1342	1342	section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining prevailing
1343	1343	wage rates under par. (a) or (am), the department may not use data from any
1344	1344	construction work performed by a state agency or a local governmental unit, as
1345	1345	defined in s. 66.0903 (1) (d).
1346	1346	(b) Any person may request a recalculation of any portion of an initial
1347	1347	determination within 30 days after the initial determination date if the person
1348	1348	submits evidence with the request showing that the prevailing wage rate for any
1349	1349	given trade or occupation included in the initial determination does not represent the
1350	1350	prevailing wage rate for that trade or occupation in the area. The evidence shall
1351	1351	include wage rate information reflecting work performed by individuals working in
1352	1352	the contested trade or occupation in the area during the current survey period. The
1353	1353	department shall affirm or modify the initial determination within 15 days after the
1354	1354	date on which the department receives the request for recalculation.
1355	1355	(c) In addition to the recalculation under par. (b), the state agency that
1356	1356	requested the determination under this subsection may request a review of any
1357	1357	portion of a determination within 30 days after the date of issuance of the
1358	1358	determination if the state agency submits evidence with the request showing that
1359	1359	the prevailing wage rate for any given trade or occupation included in the
1360	1360	determination does not represent the prevailing wage rate for that trade or
1361	1361	occupation in the city, village, or town in which the proposed project of public works
1362	1362	is located. That evidence shall include wage rate information for the contested trade
1363	1363	or occupation on at least 3 similar projects located in the city, village, or town where
1364	1364	the proposed project of public works is located on which some work has been
1365	1365	performed during the current survey period and that were considered by the
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1392	1392	SECTION 14 ASSEMBLY BILL 509
1393	1393	department in issuing its most recent compilation under par. (am). The department
1394	1394	shall affirm or modify the determination within 15 days after the date on which the
1395	1395	department receives the request for review.
1396	1396	(3g) NONAPPLICABILITY. This section does not apply to any of the following:
1397	1397	(a) A single-trade project of public works for which the estimated project cost
1398	1398	of completion is less than $48,000 or a multiple-trade project of public works for
1399	1399	which the estimated project cost of completion is less than $100,000.
1400	1400	(b) Work performed on a project of public works for which the state or the state
1401	1401	agency contracting for the project is not required to compensate any contractor,
1402	1402	subcontractor, contractor's or subcontractor's agent, or individual for performing the
1403	1403	work.
1404	1404	(c) Minor service or maintenance work, warranty work, or work under a supply
1405	1405	and installation contract.
1406	1406	(f) A public highway, street, or bridge project.
1407	1407	(g) A project of public works involving the erection, construction, repair,
1408	1408	remodeling, or demolition of a residential property containing 2 dwelling units or
1409	1409	less.
1410	1410	(h) A road, street, bridge, sanitary sewer, or water main project that is a part
1411	1411	of a development in which not less than 90 percent of the lots contain or will contain
1412	1412	2 dwelling units or less, as determined by the local governmental unit at the time of
1413	1413	approval of the development, and that, on completion, is acquired by, or dedicated to,
1414	1414	the state for ownership or maintenance by the state.
1415	1415	(4r) COMPLIANCE. (a) When the department finds that a state agency has not
1416	1416	requested a determination under sub. (3) (a) or that a state agency, contractor, or
1417	1417	subcontractor has not physically incorporated a determination into a contract or
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1445	1445	SECTION 14
1446	1446	ASSEMBLY BILL 509
1447	1447	subcontract as required under sub. (2) or has not notified a minor subcontractor of
1448	1448	a determination in the manner prescribed by the department by rule promulgated
1449	1449	under sub. (2), the department shall notify the state agency, contractor, or
1450	1450	subcontractor of the noncompliance and shall file the determination with the state
1451	1451	agency, contractor, or subcontractor within 30 days after the notice.
1452	1452	(b) Upon completion of a project of public works and before receiving final
1453	1453	payment for his or her work on the project, each agent or subcontractor shall furnish
1454	1454	the contractor with an affidavit stating that the agent or subcontractor has complied
1455	1455	fully with the requirements of this section. A contractor may not authorize final
1456	1456	payment until the affidavit is filed in proper form and order.
1457	1457	(c) Upon completion of a project of public works and before receiving final
1458	1458	payment for his or her work on the project, each contractor shall file with the state
1459	1459	agency authorizing the work an affidavit stating that the contractor has complied
1460	1460	fully with the requirements of this section and that the contractor has received an
1461	1461	affidavit under par. (b) from each of the contractor's agents and subcontractors. A
1462	1462	state agency may not authorize a final payment until the affidavit is filed in proper
1463	1463	form and order. If a state agency authorizes a final payment before an affidavit is
1464	1464	filed in proper form and order or if the department determines, based on the greater
1465	1465	weight of the credible evidence, that any person performing the work specified in sub.
1466	1466	(2m) has been or may have been paid less than the prevailing wage rate or less than
1467	1467	1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
1468	1468	hours of labor and requests that the state agency withhold all or part of the final
1469	1469	payment, but the state agency fails to do so, the state agency is liable for all back
1470	1470	wages payable up to the amount of the final payment.
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1496	1496	SECTION 14 ASSEMBLY BILL 509
1497	1497	(5) RECORDS; INSPECTION; ENFORCEMENT. (a) Each contractor, subcontractor, or
1498	1498	contractor's or subcontractor's agent that performs work on a project of public works
1499	1499	that is subject to this section shall keep full and accurate records clearly indicating
1500	1500	the name and trade or occupation of every individual performing the work described
1501	1501	in sub. (2m) and an accurate record of the number of hours worked by each of those
1502	1502	individuals and the actual wages paid for the hours worked.
1503	1503	(b) The department shall enforce this section. The department may demand
1504	1504	and examine, and every contractor, subcontractor, and contractor's and
1505	1505	subcontractor's agent shall keep, and furnish upon request by the department,
1506	1506	copies of payrolls and other records and information relating to the wages paid to
1507	1507	individuals performing the work described in sub. (2m) for work to which this section
1508	1508	applies. The department may inspect records in the manner provided in this chapter.
1509	1509	Every contractor, subcontractor, or agent performing work on a project of public
1510	1510	works that is subject to this section is subject to the requirements of this chapter
1511	1511	relating to the examination of records. Section 111.322 (2m) applies to discharge and
1512	1512	other discriminatory acts arising in connection with any proceeding under this
1513	1513	section.
1514	1514	(c) If requested by any person, the department shall inspect the payroll records
1515	1515	of any contractor, subcontractor, or agent performing work on a project of public
1516	1516	works that is subject to this section as provided in this paragraph to ensure
1517	1517	compliance with this section. On receipt of such a request, the department shall
1518	1518	request that the contractor, subcontractor, or agent submit to the department a
1519	1519	certified record of the information specified in par. (a), other than personally
1520	1520	identifiable information relating to an employee of the contractor, subcontractor, or
1521	1521	agent, for no longer than a 4-week period. The department may request a contractor,
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1549	1549	SECTION 14
1550	1550	ASSEMBLY BILL 509
1551	1551	subcontractor, or agent to submit those records no more than once per calendar
1552	1552	quarter for each project of public works on which the contractor, subcontractor, or
1553	1553	agent is performing work. The department may not charge a requester a fee for
1554	1554	obtaining that information. Certified records submitted to the department under
1555	1555	this paragraph are open for public inspection and copying under s. 19.35 (1).
1556	1556	(6m) LIABILITY AND PENALTIES. (ag) 1. A contractor, subcontractor, or
1557	1557	contractor's or subcontractor's agent who fails to pay the prevailing wage rate
1558	1558	determined by the department under sub. (3) or who pays less than 1.5 times the
1559	1559	hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
1560	1560	is liable to any affected employee in the amount of his or her unpaid wages or his or
1561	1561	her unpaid overtime compensation and in an additional amount as liquidated
1562	1562	damages as provided in subd. 2. or 3., whichever is applicable.
1563	1563	2. If the department determines upon inspection under sub. (5) (b) or (c) that
1564	1564	a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
1565	1565	the prevailing wage rate determined by the department under sub. (3) or has paid
1566	1566	less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
1567	1567	prevailing hours of labor, the department shall order the contractor to pay to any
1568	1568	affected employee the amount of his or her unpaid wages or his or her unpaid
1569	1569	overtime compensation and an additional amount equal to 100 percent of the amount
1570	1570	of those unpaid wages or that unpaid overtime compensation as liquidated damages
1571	1571	within a period specified by the department in the order.
1572	1572	3. In addition to or in lieu of recovering the liability specified in subd. 1. as
1573	1573	provided in subd. 2., any employee for and on behalf of that employee and other
1574	1574	employees similarly situated may commence an action to recover that liability in any
1575	1575	court of competent jurisdiction. If the court finds that a contractor, subcontractor,
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1602	1602	SECTION 14 ASSEMBLY BILL 509
1603	1603	or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
1604	1604	determined by the department under sub. (3) or has paid less than 1.5 times the
1605	1605	hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
1606	1606	the court shall order the contractor, subcontractor, or agent to pay to any affected
1607	1607	employee the amount of his or her unpaid wages or his or her unpaid overtime
1608	1608	compensation and an additional amount equal to 100 percent of the amount of those
1609	1609	unpaid wages or that unpaid overtime compensation as liquidated damages.
1610	1610	5. No employee may be a party plaintiff to an action under subd. 3. unless the
1611	1611	employee consents in writing to become a party and the consent is filed in the court
1612	1612	in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
1613	1613	addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
1614	1614	and costs to be paid by the defendant.
1615	1615	(am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor,
1616	1616	or contractor's or subcontractor's agent who violates this section may be fined not
1617	1617	more than $200 or imprisoned for not more than 6 months or both. Each day that
1618	1618	a violation continues is a separate offense.
1619	1619	(b) Whoever induces an individual who seeks to be or is employed on any project
1620	1620	of public works that is subject to this section to give up, waive, or return any part of
1621	1621	the wages to which the individual is entitled under the contract governing the
1622	1622	project, or who reduces the hourly basic rate of pay normally paid to an individual
1623	1623	for work on a project that is not subject to this section during a week in which the
1624	1624	individual works both on a project of public works that is subject to this section and
1625	1625	on a project that is not subject to this section, by threat not to employ, by threat of
1626	1626	dismissal from employment, or by any other means is guilty of an offense under s.
1627	1627	946.15 (1).
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1655	1655	SECTION 14
1656	1656	ASSEMBLY BILL 509
1657	1657	(c) Any individual who is employed on a project of public works that is subject
1658	1658	to this section who knowingly allows a contractor, subcontractor, or contractor's or
1659	1659	subcontractor's agent to pay him or her less than the prevailing wage rate set forth
1660	1660	in the contract governing the project, who gives up, waives, or returns any part of the
1661	1661	compensation to which he or she is entitled under the contract, or who gives up,
1662	1662	waives, or returns any part of the compensation to which he or she is normally
1663	1663	entitled for work on a project that is not subject to this section during a week in which
1664	1664	the individual works both on a project of public works that is subject to this section
1665	1665	and on a project that is not subject to this section, is guilty of an offense under s.
1666	1666	946.15 (2).
1667	1667	(d) Whoever induces any individual who seeks to be or is employed on any
1668	1668	project of public works that is subject to this section to allow any part of the wages
1669	1669	to which the individual is entitled under the contract governing the project to be
1670	1670	deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless
1671	1671	the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
1672	1672	working on a project that is subject to 40 USC 3142.
1673	1673	(e) Any individual who is employed on a project of public works that is subject
1674	1674	to this section who knowingly allows any part of the wages to which he or she is
1675	1675	entitled under the contract governing the project to be deducted from his or her pay
1676	1676	is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed
1677	1677	under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject
1678	1678	to 40 USC 3142.
1679	1679	(f) Paragraph (am) does not apply to any person who fails to provide any
1680	1680	information to the department to assist the department in determining prevailing
1681	1681	wage rates under sub. (3) (a) or (am).
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1708	1708	SECTION 14 ASSEMBLY BILL 509
1709	1709	(7) DEBARMENT. (a) Except as provided under pars. (b) and (c), the department
1710	1710	shall distribute to all state agencies a list of all persons that the department has
1711	1711	found to have failed to pay the prevailing wage rate determined under sub. (3) or has
1712	1712	found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
1713	1713	in excess of the prevailing hours of labor at any time in the preceding 3 years. The
1714	1714	department shall include with any name the address of the person and shall specify
1715	1715	when the person failed to pay the prevailing wage rate and when the person paid less
1716	1716	than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
1717	1717	prevailing hours of labor. A state agency may not award any contract to the person
1718	1718	unless otherwise recommended by the department or unless 3 years have elapsed
1719	1719	from the date the department issued its findings or date of final determination by a
1720	1720	court of competent jurisdiction, whichever is later.
1721	1721	(b) The department may not include in a notification under par. (a) the name
1722	1722	of any person on the basis of having subcontracted a contract for a project of public
1723	1723	works to a person that the department has found to have failed to pay the prevailing
1724	1724	wage rate determined under sub. (3) or has found to have paid less than 1.5 times
1725	1725	the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
1726	1726	labor.
1727	1727	(c) This subsection does not apply to any contractor, subcontractor, or agent
1728	1728	who in good faith commits a minor violation of this section, as determined on a
1729	1729	case-by-case basis through administrative hearings with all rights to due process
1730	1730	afforded to all parties or who has not exhausted or waived all appeals.
1731	1731	(d) Any person submitting a bid on a project of public works that is subject to
1732	1732	this section shall, on the date the person submits the bid, identify any construction
1733	1733	business in which the person, or a shareholder, officer, or partner of the person if the
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1761	1761	SECTION 14
1762	1762	ASSEMBLY BILL 509
1763	1763	person is a business, owns or has owned at least a 25 percent interest on the date the
1764	1764	person submits the bid or at any other time within 3 years preceding the date the
1765	1765	person submits the bid, if the business has been found to have failed to pay the
1766	1766	prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
1767	1767	the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
1768	1768	labor.
1769	1769	(e) The department shall promulgate rules to administer this subsection.
1770	1770	SECTION 15. 103.50 of the statutes is created to read:
1771	1771	103.50 Highway contracts. (1) DEFINITIONS. In this section:
1772	1772	(a) “Area" means the county in which a proposed project that is subject to this
1773	1773	section is located or, if the department determines that there is insufficient wage
1774	1774	data in that county, “area" means those counties that are contiguous to that county
1775	1775	or, if the department determines that there is insufficient wage data in those
1776	1776	counties, “area" means those counties that are contiguous to those counties or, if the
1777	1777	department determines that there is insufficient wage data in those counties, “area"
1778	1778	means the entire state.
1779	1779	(b) “Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
1780	1780	(bg) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
1781	1781	(c) “Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
1782	1782	(d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
1783	1783	occupation in any area means the hourly basic rate of pay, plus the hourly
1784	1784	contribution for health insurance benefits, vacation benefits, pension benefits, and
1785	1785	any other bona fide economic benefit, paid directly or indirectly, for a majority of the
1786	1786	hours worked in the trade or occupation in the area.
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1812	1812	SECTION 15 ASSEMBLY BILL 509
1813	1813	2. If there is no rate at which a majority of the hours worked in the trade or
1814	1814	occupation in the area is paid, “prevailing wage rate" means the average hourly basic
1815	1815	rate of pay, weighted by the number of hours worked, plus the average hourly
1816	1816	contribution, weighted by the number of hours worked, for health insurance benefits,
1817	1817	vacation benefits, pension benefits, and any other bona fide economic benefit, paid
1818	1818	directly or indirectly for all hours worked at the hourly basic rate of pay of the
1819	1819	highest-paid 51 percent of hours worked in that trade or occupation in that area.
1820	1820	(e) “Truck driver" has the meaning given in s. 103.49 (1) (g).
1821	1821	(2) PREVAILING WAGE RATES AND HOURS OF LABOR. No contractor, subcontractor,
1822	1822	agent, or other person performing any work on a project under a contract based on
1823	1823	bids as provided in s. 84.06 (2) to which the state is a party for the construction or
1824	1824	improvement of any highway may do any of the following:
1825	1825	(a) Pay an individual performing the work described in sub. (2m) less than the
1826	1826	prevailing wage rate in the area in which the work is to be done determined under
1827	1827	sub. (3).
1828	1828	(b) Allow an individual performing the work described in sub. (2m) to work a
1829	1829	greater number of hours per day or per week than the prevailing hours of labor,
1830	1830	unless the contractor, subcontractor, or contractor's or subcontractor's agent pays
1831	1831	the individual for all hours worked in excess of the prevailing hours of labor at a rate
1832	1832	of at least 1.5 times the individual's hourly basic rate of pay.
1833	1833	(2g) NONAPPLICABILITY. This section does not apply to a single-trade project of
1834	1834	public works, as defined in s. 103.49 (1) (em), for which the estimated project cost of
1835	1835	completion is less than $48,000 or a multiple-trade project of public works, as
1836	1836	defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less
1837	1837	than $100,000.
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1865	1865	SECTION 15
1866	1866	ASSEMBLY BILL 509
1867	1867	(2m) COVERED EMPLOYEES. (a) Subject to par. (b), any person subject to this
1868	1868	section shall pay all of the following employees the prevailing wage rate determined
1869	1869	under sub. (3) and may not allow such employees to work a greater number of hours
1870	1870	per day or per week than the prevailing hours of labor, unless the person pays for all
1871	1871	hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
1872	1872	the employees' hourly basic rate of pay:
1873	1873	1. All laborers, workers, mechanics, and truck drivers employed on the site of
1874	1874	a project that is subject to this section.
1875	1875	2. All laborers, workers, mechanics, and truck drivers employed in the
1876	1876	manufacturing or furnishing of materials, articles, supplies, or equipment on the site
1877	1877	of a project that is subject to this section or from a facility dedicated exclusively, or
1878	1878	nearly so, to a project that is subject to this section by a contractor, subcontractor,
1879	1879	agent, or other person performing any work on the site of the project.
1880	1880	(b) A laborer, worker, mechanic, or truck driver who is employed to process,
1881	1881	manufacture, pick up, or deliver materials or products from a commercial
1882	1882	establishment that has a fixed place of business from which the establishment
1883	1883	supplies processed or manufactured materials or products or from a facility that is
1884	1884	not dedicated exclusively, or nearly so, to a project that is subject to this section is not
1885	1885	entitled to receive the prevailing wage rate determined under sub. (3) or to receive
1886	1886	at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess
1887	1887	of the prevailing hours of labor unless any of the following applies:
1888	1888	1. The laborer, worker, mechanic, or truck driver is employed to go to the source
1889	1889	of mineral aggregate such as sand, gravel, or stone and deliver that mineral
1890	1890	aggregate to the site of a project that is subject to this section by depositing the
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1916	1916	SECTION 15 ASSEMBLY BILL 509
1917	1917	material directly in final place, from the transporting vehicle or through spreaders
1918	1918	from the transporting vehicle.
1919	1919	2. The laborer, worker, mechanic, or truck driver is employed to go to the site
1920	1920	of a project that is subject to this section, pick up excavated material or spoil from
1921	1921	the site of the project, and transport that excavated material or spoil away from the
1922	1922	site of the project and return to the site of the project.
1923	1923	(c) A contractor, subcontractor, agent, or other person performing work on a
1924	1924	project subject to this section shall pay a truck driver who is an owner-operator of
1925	1925	a truck separately for his or her work and for the use of his or her truck.
1926	1926	(3) INVESTIGATIONS; DETERMINATIONS. The department shall conduct
1927	1927	investigations and hold public hearings necessary to define the trades or occupations
1928	1928	that are commonly employed in the highway construction industry and to inform the
1929	1929	department of the prevailing wage rates in all areas of the state for those trades or
1930	1930	occupations, in order to ascertain and determine the prevailing wage rates
1931	1931	accordingly.
1932	1932	(4) CERTIFICATION OF PREVAILING WAGE RATES. The department of workforce
1933	1933	development shall, by May 1 of each year, certify to the department of transportation
1934	1934	the prevailing wage rates in each area for all trades or occupations commonly
1935	1935	employed in the highway construction industry. The certification shall, in addition
1936	1936	to the current prevailing wage rates, include future prevailing wage rates when such
1937	1937	prevailing wage rates can be determined for any such trade or occupation in any area
1938	1938	and shall specify the effective date of those future prevailing wage rates. The
1939	1939	certification shall also include wage rates for work performed on Sundays or the
1940	1940	holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day
1941	1941	or night when work is performed. If a construction project extends into more than
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1969	1969	SECTION 15
1970	1970	ASSEMBLY BILL 509
1971	1971	one area, the department shall determine only one standard of prevailing wage rates
1972	1972	for the entire project.
1973	1973	(4m) WAGE RATE DATA. In determining prevailing wage rates for projects that
1974	1974	are subject to this section, the department shall use data from projects that are
1975	1975	subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining
1976	1976	prevailing wage rates for those projects, the department may not use data from any
1977	1977	construction work that is performed by a state agency or a local governmental unit,
1978	1978	as defined in s. 66.0903 (1) (d).
1979	1979	(5) APPEALS TO GOVERNOR. If the department of transportation considers any
1980	1980	determination of the department of workforce development of the prevailing wage
1981	1981	rates in an area to be incorrect, it may appeal to the governor, whose determination
1982	1982	is final.
1983	1983	(6) CONTENTS OF CONTRACTS. The department of transportation shall include
1984	1984	a reference to the prevailing wage rates determined under sub. (3) and the prevailing
1985	1985	hours of labor in the notice published for the purpose of securing bids for a project.
1986	1986	Except as otherwise provided in this subsection, if any contract or subcontract for a
1987	1987	project that is subject to this section is entered into, the prevailing wage rates
1988	1988	determined under sub. (3) and the prevailing hours of labor shall be physically
1989	1989	incorporated into and made a part of the contract or subcontract. For a minor
1990	1990	subcontract, as determined by the department of workforce development, that
1991	1991	department shall prescribe by rule the method of notifying the minor subcontractor
1992	1992	of the prevailing wage rates and prevailing hours of labor applicable to the minor
1993	1993	subcontract. The prevailing wage rates and prevailing hours of labor applicable to
1994	1994	a contract or subcontract may not be changed during the time that the contract or
1995	1995	subcontract is in force. The department of transportation shall post the prevailing
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2023	2023	wage rates determined by the department, the prevailing hours of labor, and the
2024	2024	provisions of subs. (2) and (7) in at least one conspicuous place that is easily
2025	2025	accessible to the employees on the site of the project.
2026	2026	(7) PENALTIES. (a) Except as provided in pars. (b), (d), and (f), any contractor,
2027	2027	subcontractor, or contractor's or subcontractor's agent who violates this section may
2028	2028	be fined not more than $200 or imprisoned for not more than 6 months or both. Each
2029	2029	day that a violation continues is a separate offense.
2030	2030	(b) Whoever induces any individual who seeks to be or is employed on any
2031	2031	project that is subject to this section to give up, waive, or return any part of the wages
2032	2032	to which the individual is entitled under the contract governing the project, or who
2033	2033	reduces the hourly basic rate of pay normally paid to an individual for work on a
2034	2034	project that is not subject to this section during a week in which the individual works
2035	2035	both on a project that is subject to this section and on a project that is not subject to
2036	2036	this section, by threat not to employ, by threat of dismissal from employment, or by
2037	2037	any other means is guilty of an offense under s. 946.15 (1).
2038	2038	(c) Any individual employed on a project that is subject to this section who
2039	2039	knowingly allows a contractor, subcontractor, or contractor's or subcontractor's
2040	2040	agent to pay him or her less than the prevailing wage rate set forth in the contract
2041	2041	governing the project, who gives up, waives, or returns any part of the compensation
2042	2042	to which he or she is entitled under the contract, or who gives up, waives, or returns
2043	2043	any part of the compensation to which he or she is normally entitled for work on a
2044	2044	project that is not subject to this section during a week in which the individual works
2045	2045	both on a project that is subject to this section and on a project that is not subject to
2046	2046	this section, is guilty of an offense under s. 946.15 (2).
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2072	2072	MIM:amn
2073	2073	SECTION 15
2074	2074	ASSEMBLY BILL 509
2075	2075	(d) Whoever induces any individual who seeks to be or is employed on any
2076	2076	project that is subject to this section to allow any part of the wages to which the
2077	2077	individual is entitled under the contract governing the project to be deducted from
2078	2078	the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction
2079	2079	would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a
2080	2080	project that is subject to 40 USC 3142.
2081	2081	(e) Any individual employed on a project that is subject to this section who
2082	2082	knowingly allows any part of the wages to which he or she is entitled under the
2083	2083	contract governing the project to be deducted from his or her pay is guilty of an
2084	2084	offense under s. 946.15 (4), unless the deduction would be allowed under 29 CFR 3.5
2085	2085	or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.
2086	2086	(f) Paragraph (a) does not apply to any individual who fails to provide any
2087	2087	information to the department to assist the department in determining prevailing
2088	2088	wage rates under sub. (3) or (4).
2089	2089	(8) ENFORCEMENT AND PROSECUTION. The department of transportation shall
2090	2090	require adherence to subs. (2), (2m), and (6). The department of transportation may
2091	2091	demand and examine, and every contractor, subcontractor, and contractor's or
2092	2092	subcontractor's agent shall keep and furnish upon request by the department of
2093	2093	transportation, copies of payrolls and other records and information relating to
2094	2094	compliance with this section. Upon request of the department of transportation or
2095	2095	upon complaint of alleged violation, the district attorney of the county in which the
2096	2096	work is located shall investigate as necessary and prosecute violations in a court of
2097	2097	competent jurisdiction. Section 111.322 (2m) applies to discharge and other
2098	2098	discriminatory acts arising in connection with any proceeding under this section.
2099	2099	SECTION 16. 103.503 (1) (a) of the statutes is amended to read:
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2126	2126	SECTION 16 ASSEMBLY BILL 509
2127	2127	103.503 (1) (a) “Accident" means an incident caused, contributed to, or
2128	2128	otherwise involving an employee that resulted or could have resulted in death,
2129	2129	personal injury, or property damage and that occurred while the employee was
2130	2130	performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m),
2131	2131	2015 stats., on a project of public works or while the employee was performing work
2132	2132	on a public utility project.
2133	2133	SECTION 17. 103.503 (1) (e) of the statutes is amended to read:
2134	2134	103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver
2135	2135	who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49
2136	2136	(2m), 2015 stats., on a project of public works or on a public utility project.
2137	2137	SECTION 18. 103.503 (1) (g) of the statutes is repealed and recreated to read:
2138	2138	103.503 (1) (g) “Project of public works" means a project of public works that
2139	2139	is subject to s. 66.0903 or 103.49.
2140	2140	SECTION 19. 103.503 (2) of the statutes is amended to read:
2141	2141	103.503 (2) SUBSTANCE ABUSE PROHIBITED. No employee may use, possess,
2142	2142	attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
2143	2143	be under the influence of alcohol, while performing the work described in s. 66.0903
2144	2144	(4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or
2145	2145	while performing work on a public utility project. An employee is considered to be
2146	2146	under the influence of alcohol for purposes of this subsection if he or she has an
2147	2147	alcohol concentration that is equal to or greater than the amount specified in s.
2148	2148	885.235 (1g) (d).
2149	2149	SECTION 20. 103.503 (3) (a) 2. of the statutes is amended to read:
2150	2150	103.503 (3) (a) 2. A requirement that employees performing the work described
2151	2151	in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of
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2178	2178	MIM:amn
2179	2179	SECTION 20
2180	2180	ASSEMBLY BILL 509
2181	2181	public works or performing work on a public utility project submit to random,
2182	2182	reasonable suspicion, and post-accident drug and alcohol testing and to drug and
2183	2183	alcohol testing before commencing work on the project, except that testing of an
2184	2184	employee before commencing work on a project is not required if the employee has
2185	2185	been participating in a random testing program during the 90 days preceding the
2186	2186	date on which the employee commenced work on the project.
2187	2187	SECTION 21. 104.001 (4) of the statutes is created to read:
2188	2188	104.001 (4) This section does not affect the requirement that employees
2189	2189	employed on a public works project contracted for by a city, village, town, or county
2190	2190	be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required under
2191	2191	s. 66.0903.
2192	2192	SECTION 22. 106.04 of the statutes is created to read:
2193	2193	106.04 Employment of apprentices on state public works projects. (1)
2194	2194	DEFINITION. In this section, “project" means a project of public works that is subject
2195	2195	to s. 103.49 or 103.50 in which work is performed by employees employed in trades
2196	2196	that are apprenticeable under this subchapter.
2197	2197	(2) WAIVER. If the department grants an exception or modification to any
2198	2198	requirement in any contract for the performance of work on a project relating to the
2199	2199	employment and training of apprentices, the department shall post that information
2200	2200	on its website, together with a detailed explanation for granting the exception or
2201	2201	modification.
2202	2202	SECTION 23. 109.09 (1) of the statutes is amended to read:
2203	2203	109.09 (1) The department shall investigate and attempt equitably to adjust
2204	2204	controversies between employers and employees as to regarding alleged wage
2205	2205	claims. The department may receive and investigate any wage claim that is filed
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2232	2232	SECTION 23 ASSEMBLY BILL 509
2233	2233	with the department, or received by the department under s. 109.10 (4), no later than
2234	2234	2 years after the date the wages are due. The department may, after receiving a wage
2235	2235	claim, investigate any wages due from the employer against whom the claim is filed
2236	2236	to any employee during the period commencing 2 years before the date the claim is
2237	2237	filed. The department shall enforce this chapter and s. ss. 66.0903, 2013 stats., s.
2238	2238	103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss. 103.02,
2239	2239	103.49, 103.82, and 104.12, and 229.8275. In pursuance of this duty, the department
2240	2240	may sue the employer on behalf of the employee to collect any wage claim or wage
2241	2241	deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except
2242	2242	for actions under s. 109.10, the department may refer such an action to the district
2243	2243	attorney of the county in which the violation occurs for prosecution and collection and
2244	2244	the district attorney shall commence an action in the circuit court having appropriate
2245	2245	jurisdiction. Any number of wage claims or wage deficiencies against the same
2246	2246	employer may be joined in a single proceeding, but the court may order separate
2247	2247	trials or hearings. In actions that are referred to a district attorney under this
2248	2248	subsection, any taxable costs recovered by the district attorney shall be paid into the
2249	2249	general fund of the county in which the violation occurs and used by that county to
2250	2250	meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
2251	2251	of the district attorney who prosecuted the action.
2252	2252	SECTION 24. 111.322 (2m) (a) of the statutes is amended to read:
2253	2253	111.322 (2m) (a) The individual files a complaint or attempts to enforce any
2254	2254	right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455,
2255	2255	103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
2256	2256	or 103.64 to 103.82.
2257	2257	SECTION 25. 111.322 (2m) (b) of the statutes is amended to read:
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2284	2284	MIM:amn
2285	2285	SECTION 25
2286	2286	ASSEMBLY BILL 509
2287	2287	111.322 (2m) (b) The individual testifies or assists in any action or proceeding
2288	2288	held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28,
2289	2289	103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
2290	2290	or ss. 101.58 to 101.599 or 103.64 to 103.82.
2291	2291	SECTION 26. 111.322 (2m) (c) of the statutes is created to read:
2292	2292	111.322 (2m) (c) The individual files a complaint or attempts to enforce a right
2293	2293	under s. 66.0903, 103.49, or 229.8275 or testifies or assists in any action or
2294	2294	proceeding under s. 66.0903, 103.49, or 229.8275.
2295	2295	SECTION 27. 227.01 (13) (t) of the statutes is created to read:
2296	2296	227.01 (13) (t) Ascertains and determines prevailing wage rates under ss.
2297	2297	66.0903, 103.49, 103.50, and 229.8275, except that any action or inaction which
2298	2298	ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50,
2299	2299	and 229.8275 is subject to judicial review under s. 227.40.
2300	2300	SECTION 28. 229.682 (2) of the statutes is created to read:
2301	2301	229.682 (2) PREVAILING WAGE. The construction of a baseball park facility that
2302	2302	is financed in whole or in part by a district is subject to s. 66.0903.
2303	2303	SECTION 29. 229.8275 of the statutes is created to read:
2304	2304	229.8275 Prevailing wage. A district may not enter into a contract under s.
2305	2305	229.827 with a professional football team, as described in s. 229.823, or a related
2306	2306	party that requires the team or related party to acquire and construct or renovate
2307	2307	football stadium facilities that are part of any facilities that are leased by the district
2308	2308	to the team or to a related party unless the professional football team or related party
2309	2309	agrees to all of the following:
2310	2310	(1) Not to allow any employee working on the football stadium facilities who
2311	2311	would be entitled to receive the prevailing wage rate under s. 66.0903 and who would
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2338	2338	SECTION 29 ASSEMBLY BILL 509
2339	2339	not be required or allowed to work more than the prevailing hours of labor, if the
2340	2340	football stadium facilities were a project of public works subject to s. 66.0903, to be
2341	2341	paid less than the prevailing wage rate or to be required or allowed to work more than
2342	2342	the prevailing hours of labor, except as allowed under s. 66.0903 (4) (a).
2343	2343	(2) To require any contractor, subcontractor, or agent of a contractor or
2344	2344	subcontractor performing work on the football stadium facilities to keep and allow
2345	2345	inspection of records in the same manner as a contractor, subcontractor, or agent of
2346	2346	a contractor or subcontractor performing work on a project of public works that is
2347	2347	subject to s. 66.0903 is required to keep and allow inspection of records under s.
2348	2348	66.0903 (10).
2349	2349	(3) To comply with s. 66.0903 in the same manner as a local governmental unit
2350	2350	contracting for the erection, construction, remodeling, repairing, or demolition of a
2351	2351	project of public works is required to comply with s. 66.0903 and to require any
2352	2352	contractor, subcontractor, or agent of a contractor or subcontractor performing work
2353	2353	on the football stadium facilities to comply with s. 66.0903 in the same manner as
2354	2354	a contractor, subcontractor, or agent of a contractor or subcontractor performing
2355	2355	work on a project of public works that is subject to s. 66.0903 is required to comply
2356	2356	with s. 66.0903.
2357	2357	SECTION 30. 946.15 of the statutes is created to read:
2358	2358	946.15 Public construction contracts at less than full rate. (1) Any
2359	2359	employer, or any agent or employee of an employer, who induces any individual who
2360	2360	seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1)
2361	2361	(c), or who seeks to be or is employed on a project on which a prevailing wage rate
2362	2362	determination has been issued by the department of workforce development under
2363	2363	s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any
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2390	2390	MIM:amn
2391	2391	SECTION 30
2392	2392	ASSEMBLY BILL 509
2393	2393	part of the compensation to which that individual is entitled under his or her contract
2394	2394	of employment or under the prevailing wage rate determination issued by the
2395	2395	department, or who reduces the hourly basic rate of pay normally paid to an
2396	2396	employee for work on a project on which a prevailing wage rate determination has
2397	2397	not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a
2398	2398	week in which the employee works both on a project on which a prevailing wage rate
2399	2399	determination has been issued and on a project on which a prevailing wage rate
2400	2400	determination has not been issued, is guilty of a Class I felony.
2401	2401	(2) Any individual employed pursuant to a public contract, as defined in s.
2402	2402	66.0901 (1) (c), or employed on a project on which a prevailing wage rate
2403	2403	determination has been issued by the department of workforce development under
2404	2404	s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns
2405	2405	to the employer or agent of the employer any part of the compensation to which the
2406	2406	employee is entitled under his or her contract of employment or under the prevailing
2407	2407	wage determination issued by the department, or who gives up any part of the
2408	2408	compensation to which he or she is normally entitled for work on a project on which
2409	2409	a prevailing wage rate determination has not been issued under s. 66.0903 (3),
2410	2410	103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the individual works
2411	2411	part-time on a project on which a prevailing wage rate determination has been
2412	2412	issued and part-time on a project on which a prevailing wage rate determination has
2413	2413	not been issued, is guilty of a Class C misdemeanor.
2414	2414	(3) Any employer or labor organization, or any agent or employee of an
2415	2415	employer or labor organization, who induces any individual who seeks to be or is
2416	2416	employed on a project on which a prevailing wage rate determination has been issued
2417	2417	by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50
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2444	2444	SECTION 30 ASSEMBLY BILL 509
2445	2445	(3), or 229.8275 (3) to allow any part of the wages to which that individual is entitled
2446	2446	under the prevailing wage rate determination issued by the department or local
2447	2447	governmental unit to be deducted from the individual's pay is guilty of a Class I
2448	2448	felony, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an
2449	2449	individual who is working on a project that is subject to 40 USC 3142.
2450	2450	(4) Any individual employed on a project on which a prevailing wage rate
2451	2451	determination has been issued by the department of workforce development under
2452	2452	s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who allows any part of the wages
2453	2453	to which that individual is entitled under the prevailing wage rate determination
2454	2454	issued by the department or local governmental unit to be deducted from his or her
2455	2455	pay is guilty of a Class C misdemeanor, unless the deduction would be allowed under
2456	2456	29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to
2457	2457	40 USC 3142.
2458	2458	SECTION 31. 978.05 (6) (a) of the statutes is amended to read:
2459	2459	978.05 (6) (a) Institute, commence, or appear in all civil actions or special
2460	2460	proceedings under and perform the duties set forth for the district attorney under ch.
2461	2461	980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8),
2462	2462	103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a),
2463	2463	946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in
2464	2464	connection with court proceedings in a court assigned to exercise jurisdiction under
2465	2465	chs. 48 and 938 as the judge may request and perform all appropriate duties and
2466	2466	appear if the district attorney is designated in specific statutes, including matters
2467	2467	within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits
2468	2468	the authority of the county board to designate, under s. 48.09 (5), that the corporation
2469	2469	counsel provide representation as specified in s. 48.09 (5) or to designate, under s.
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2497	2497	SECTION 31
2498	2498	ASSEMBLY BILL 509
2499	2499	48.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the
2500	2500	interests of the public under s. 48.14 or 938.14.
2501	2501	SECTION 32.0Initial applicability.
2502	2502	(1) PREVAILING WAGE. The appropriate provisions regarding prevailing wage
2503	2503	first apply, with respect to a project of public works that is subject to bidding, to a
2504	2504	project for which the request for bids is issued on the effective date of this subsection
2505	2505	and, with respect to a project of public works that is not subject to bidding, to a project
2506	2506	the contract for which is entered into on the effective date of this subsection.
2507	2507	(2) DISCRIMINATION. The treatment of ss. 66.0903 (10) (d), 111.322 (2m) (c), and
2508	2508	229.8275 first applies to acts of discrimination that occur on the effective date of this
2509	2509	subsection.
2510	2510	(END)
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2515	2515	5
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2518	2518	8
2519	2519	9
2520	2520	10
2521	2521	11
2522	2522	12