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AB64-ASA1-AA1,2,2
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AB64-ASA1-AA1,2,12 1216. At the appropriate places, insert all of the following:
AB64-ASA1-AA1,2,13 13 Section 1. 16.856 of the statutes is repealed.
AB64-ASA1-AA1,2 14Section 2. 19.36 (12) of the statutes is amended to read:
AB64-ASA1-AA1,3,215 19.36 (12) Information relating to certain employees. Unless access is
16specifically authorized or required by statute, an authority may not provide access
17to a record prepared or provided by an employer performing work on a project to
18which s. 16.856 or 84.062 66.0903, 103.49, or 103.50 applies, or on which the
19employer is otherwise required to pay prevailing wages, if that record contains the
20name or other personally identifiable information relating to an employee of that
21employer, unless the employee authorizes the authority to provide access to that
22information. In this subsection, “personally identifiable information" does not

1include an employee's work classification, hours of work, or wage or benefit payments
2received for work on such a project.
AB64-ASA1-AA1,3 3Section 3. 66.0129 (5) of the statutes is amended to read:
AB64-ASA1-AA1,3,84 66.0129 (5) Bids for construction. The nonprofit corporation shall let all
5contracts exceeding $1,000 for the construction, maintenance or repair of hospital
6facilities to the lowest responsible bidder after advertising for bids by the publication
7of a class 2 notice under ch. 985. Section Sections 66.0901 applies and 66.0903 apply
8to bids and contracts under this subsection.
AB64-ASA1-AA1,4 9Section 4. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the
10statutes are created to read:
AB64-ASA1-AA1,3,1911 66.0903 (1) (a) “Area" means the county in which a proposed project of public
12works that is subject to this section is located or, if the department determines that
13there is insufficient wage data in that county, “area" means those counties that are
14contiguous to that county or, if the department determines that there is insufficient
15wage data in those counties, “area" means those counties that are contiguous to those
16counties or, if the department determines that there is insufficient wage data in those
17counties, “area" means the entire state or, if the department is requested to review
18a determination under sub. (3) (br), “area" means the city, village, or town in which
19a proposed project of public works that is subject to this section is located.
AB64-ASA1-AA1,3,2020 (am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).
AB64-ASA1-AA1,3,2121 (b) “Department" means the department of workforce development.
AB64-ASA1-AA1,3,2222 (cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
AB64-ASA1-AA1,4,523 (dr) “Minor service or maintenance work" means a project of public works that
24is limited to minor crack filling, chip or slurry sealing, or other minor pavement
25patching, not including overlays, that has a projected life span of no longer than 5

1years or that is performed for a town and is not funded under s. 86.31, regardless of
2projected life span; the depositing of gravel on an existing gravel road applied solely
3to maintain the road; road shoulder maintenance; cleaning of drainage or sewer
4ditches or structures; or any other limited, minor work on public facilities or
5equipment that is routinely performed to prevent breakdown or deterioration.
AB64-ASA1-AA1,4,76 (em) “Multiple-trade project of public works" has the meaning given in s.
7103.49 (1) (br).
AB64-ASA1-AA1,4,98 (hm) “Single-trade project of public works" has the meaning given in s. 103.49
9(1) (em).
AB64-ASA1-AA1,4,1410 (im) “Supply and installation contract" means a contract under which the
11material is installed by the supplier, the material is installed by means of simple
12fasteners or connectors such as screws or nuts and bolts, and no other work is
13performed on the site of the project of public works, and the total labor cost to install
14the material does not exceed 20 percent of the total cost of the contract.
AB64-ASA1-AA1,5 15Section 5. 66.0903 (1) (c) of the statutes is amended to read:
AB64-ASA1-AA1,4,1716 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856
17103.49 (1) (b).
AB64-ASA1-AA1,6 18Section 6. 66.0903 (1) (f) of the statutes is amended to read:
AB64-ASA1-AA1,4,2019 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856
20103.49 (1) (e) (c).
AB64-ASA1-AA1,7 21Section 7. 66.0903 (1) (g) of the statutes is repealed and recreated to read:
AB64-ASA1-AA1,5,322 66.0903 (1) (g) 1. Except as provided in subd. 2., “prevailing wage rate" for any
23trade or occupation engaged in the erection, construction, remodeling, repairing, or
24demolition of any project of public works in any area means the hourly basic rate of
25pay, plus the hourly contribution for health insurance benefits, vacation benefits,

1pension benefits, and any other bona fide economic benefit, paid directly or
2indirectly, for a majority of the hours worked in the trade or occupation on projects
3in the area.
AB64-ASA1-AA1,5,134 2. If there is no rate at which a majority of the hours worked in the trade or
5occupation on projects in the area is paid, “prevailing wage rate" for any trade or
6occupation engaged in the erection, construction, remodeling, repairing, or
7demolition of any project of public works in any area means the average hourly basic
8rate of pay, weighted by the number of hours worked, plus the average hourly
9contribution, weighted by the number of hours worked, for health insurance benefits,
10vacation benefits, pension benefits, and any other bona fide economic benefit, paid
11directly or indirectly for all hours worked at the hourly basic rate of pay of the
12highest-paid 51 percent of hours worked in that trade or occupation on projects in
13that area.
AB64-ASA1-AA1,8 14Section 8. 66.0903 (1) (j) of the statutes is amended to read:
AB64-ASA1-AA1,5,1615 66.0903 (1) (j) “Truck driver" has the meaning given in s. 16.856 103.49 (1) (j)
16(g).
AB64-ASA1-AA1,9 17Section 9. 66.0903 (1m) (b) of the statutes is amended to read:
AB64-ASA1-AA1,6,718 66.0903 (1m) (b) The legislature finds that the enactment of ordinances or
19other enactments by local governmental units requiring laborers, workers,
20mechanics, and truck drivers employed on projects of public works or on publicly
21funded private construction projects to be paid the prevailing wage rate and to be
22paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the
23prevailing hours of labor would be logically inconsistent with, would defeat the
24purpose of, and would go against the repeals spirit of this section and the repeal of
25s. 66.0904, 2009 stats., and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section

1shall be construed as an enactment of statewide concern for the purposes of
2facilitating broader participation with respect to bidding on projects of public works,
3ensuring that wages accurately reflect market conditions, providing local
4governments with the flexibility to reduce costs on capital projects, and reducing
5spending at all levels of government in this state
purpose of providing uniform
6prevailing wage rate and prevailing hours of labor requirements throughout the
7state
.
AB64-ASA1-AA1,10 8Section 10. 66.0903 (2) to (12) of the statutes are created to read:
AB64-ASA1-AA1,6,119 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project
10of public works erected, constructed, repaired, remodeled, or demolished for a local
11governmental unit, including all of the following:
AB64-ASA1-AA1,6,1212 (a) A highway, street, bridge, building, or other infrastructure project.
AB64-ASA1-AA1,6,1613 (b) A project erected, constructed, repaired, remodeled, or demolished by one
14local governmental unit for another local governmental unit under a contract under
15s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically
16authorizing cooperation between local governmental units.
AB64-ASA1-AA1,6,2017 (c) A project in which the completed facility is leased, purchased, lease
18purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu
19of the local governmental unit contracting for the erection, construction, repair,
20remodeling, or demolition of the facility.
AB64-ASA1-AA1,6,2421 (d) A road, street, bridge, sanitary sewer, or water main project in which the
22completed road, street, bridge, sanitary sewer, or water main is acquired by, or
23dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership
24or maintenance by the local governmental unit.
AB64-ASA1-AA1,7,12
1(3) Prevailing wage rates and hours of labor. (am) A local governmental unit,
2before making a contract by direct negotiation or soliciting bids on a contract for the
3erection, construction, remodeling, repairing, or demolition of any project of public
4works, shall apply to the department to determine the prevailing wage rate for each
5trade or occupation required in the work contemplated. The department shall
6conduct investigations and hold public hearings as necessary to define the trades or
7occupations that are commonly employed on projects of public works that are subject
8to this section and to inform itself as to the prevailing wage rates in all areas of the
9state for those trades or occupations, in order to determine the prevailing wage rate
10for each trade or occupation. The department shall issue its determination within
1130 days after receiving the request and shall file the determination with the
12requesting local governmental unit.
AB64-ASA1-AA1,7,1913 (ar) The department shall, by January 1 of each year, compile the prevailing
14wage rates for each trade or occupation in each area. The compilation shall, in
15addition to the current prevailing wage rates, include future prevailing wage rates
16when those prevailing wage rates can be determined for any trade or occupation in
17any area and shall specify the effective date of those future prevailing wage rates.
18If a project of public works extends into more than one area, there shall be only one
19standard of prevailing wage rates for the entire project.
AB64-ASA1-AA1,8,220 (av) In determining prevailing wage rates under par. (am) or (ar), the
21department may not use data from projects that are subject to this section, s. 103.49
22or 103.50, or 40 USC 3142 unless the department determines that there is
23insufficient wage data in the area to determine those prevailing wage rates, in which
24case the department may use data from projects that are subject to this section, s.
25103.49 or 103.50, or 40 USC 3142. In determining prevailing wage rates under par.

1(am) or (ar), the department may not use data from any construction work that is
2performed by a local governmental unit or a state agency.
AB64-ASA1-AA1,8,113 (bm) Any person may request a recalculation of any portion of an initial
4determination within 30 days after the initial determination date if the person
5submits evidence with the request showing that the prevailing wage rate for any
6given trade or occupation included in the initial determination does not represent the
7prevailing wage rate for that trade or occupation in the area. The evidence shall
8include wage rate information reflecting work performed by persons working in the
9contested trade or occupation in the area during the current survey period. The
10department shall affirm or modify the initial determination within 15 days after the
11date on which the department receives the request for recalculation.
AB64-ASA1-AA1,8,2512 (br) In addition to the recalculation under par. (bm), the local governmental
13unit that requested the determination under this subsection may request a review
14of any portion of a determination within 30 days after the date of issuance of the
15determination if the local governmental unit submits evidence with the request
16showing that the prevailing wage rate for any given trade or occupation included in
17the determination does not represent the prevailing wage rate for that trade or
18occupation in the city, village, or town in which the proposed project of public works
19is located. That evidence shall include wage rate information for the contested trade
20or occupation on at least 3 similar projects located in the city, village, or town where
21the proposed project of public works is located and on which some work has been
22performed during the current survey period and which were considered by the
23department in issuing its most recent compilation under par. (ar). The department
24shall affirm or modify the determination within 15 days after the date on which the
25department receives the request for review.
AB64-ASA1-AA1,9,17
1(dm) A reference to the prevailing wage rates determined by the department
2and to the prevailing hours of labor shall be published in the notice issued for the
3purpose of securing bids for the project of public works. If any contract or subcontract
4for a project of public works is entered into, the prevailing wage rates determined by
5the department and the prevailing hours of labor shall be physically incorporated
6into and made a part of the contract or subcontract, except that for a minor
7subcontract, as determined by the department, the department shall prescribe by
8rule the method of notifying the minor subcontractor of the prevailing wage rates and
9prevailing hours of labor applicable to the minor subcontract. The prevailing wage
10rates and prevailing hours of labor applicable to a contract or subcontract may not
11be changed during the time that the contract or subcontract is in force. No person
12performing the work described in sub. (4) may be paid less than the prevailing wage
13rate in the same or most similar trade or occupation determined under this
14subsection; nor may he or she be permitted to work a greater number of hours per
15day or per week than the prevailing hours of labor, unless he or she is paid for all
16hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
17his or her hourly basic rate of pay.
AB64-ASA1-AA1,9,22 18(4) Covered employees. (a) Subject to par. (b), all of the following employees
19shall be paid the prevailing wage rate determined under sub. (3) and may not be
20permitted to work a greater number of hours per day or per week than the prevailing
21hours of labor, unless they are paid for all hours worked in excess of the prevailing
22hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
AB64-ASA1-AA1,9,2423 1. All laborers, workers, mechanics, and truck drivers employed on the site of
24a project of public works that is subject to this section.
AB64-ASA1-AA1,10,6
12. All laborers, workers, mechanics, and truck drivers employed in the
2manufacturing or furnishing of materials, articles, supplies, or equipment on the site
3of a project of public works that is subject to this section or from a facility dedicated
4exclusively, or nearly so, to a project of public works that is subject to this section by
5a contractor, subcontractor, agent, or other person performing any work on the site
6of the project.
AB64-ASA1-AA1,10,147 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
8manufacture, pick up, or deliver materials or products from a commercial
9establishment that has a fixed place of business from which the establishment
10supplies processed or manufactured materials or products or from a facility that is
11not dedicated exclusively, or nearly so, to a project of public works that is subject to
12this section is not entitled to receive the prevailing wage rate determined under sub.
13(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
14worked in excess of the prevailing hours of labor unless any of the following applies:
AB64-ASA1-AA1,10,1915 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
16of mineral aggregate such as sand, gravel, or stone and deliver that mineral
17aggregate to the site of a project of public works that is subject to this section by
18depositing the material directly in final place, from the transporting vehicle or
19through spreaders from the transporting vehicle.
AB64-ASA1-AA1,10,2320 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
21of a project of public works that is subject to this section, pick up excavated material
22or spoil from the site of the project, and transport that excavated material or spoil
23away from the site of the project.
AB64-ASA1-AA1,10,2524 (c) A truck driver who is an owner-operator of a truck shall be paid separately
25for his or her work and for the use of his or her truck.
AB64-ASA1-AA1,11,1
1(5) Nonapplicability. This section does not apply to any of the following:
AB64-ASA1-AA1,11,82 (a) A single-trade project of public works for which the estimated project cost
3of completion is less than $48,000, a multiple-trade project of public works for which
4the estimated project cost of completion is less than $100,000, or, in the case of a
5multiple-trade project of public works erected, constructed, repaired, remodeled, or
6demolished by a private contractor for a city or village having a population of less
7than 2,500 or for a town, a multiple-trade project of public works for which the
8estimated project cost of completion is less than $234,000.
AB64-ASA1-AA1,11,129 (b) Work performed on a project of public works for which the local
10governmental unit contracting for the project is not required to compensate any
11contractor, subcontractor, contractor's or subcontractor's agent, or individual for
12performing the work.
AB64-ASA1-AA1,11,1413 (c) Minor service or maintenance work, warranty work, or work under a supply
14and installation contract.
AB64-ASA1-AA1,11,1715 (f) A project of public works involving the erection, construction, repair,
16remodeling, or demolition of a residential property containing 2 dwelling units or
17less.
AB64-ASA1-AA1,11,2318 (g) A road, street, bridge, sanitary sewer, or water main project that is a part
19of a development in which not less than 90 percent of the lots contain or will contain
202 dwelling units or less, as determined by the local governmental unit at the time of
21approval of the development, and that, on completion, is acquired by, or dedicated to,
22a local governmental unit, including under s. 236.13 (2), for ownership or
23maintenance by the local governmental unit.
AB64-ASA1-AA1,12,4 24(8) Posting. For the information of the employees working on the project of
25public works, the prevailing wage rates determined by the department, the

1prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) shall be kept
2posted by the local governmental unit in at least one conspicuous and easily
3accessible place on the site of the project or, if there is no common site on the project,
4at the place normally used by the local governmental unit to post public notices.
AB64-ASA1-AA1,12,13 5(9) Compliance. (a) When the department finds that a local governmental unit
6has not requested a determination under sub. (3) (am) or that a local governmental
7unit, contractor, or subcontractor has not physically incorporated a determination
8into a contract or subcontract as required under this section or has not notified a
9minor subcontractor of a determination in the manner prescribed by the department
10by rule promulgated under sub. (3) (dm), the department shall notify the local
11governmental unit, contractor, or subcontractor of the noncompliance and shall file
12the determination with the local governmental unit, contractor, or subcontractor
13within 30 days after the notice.
AB64-ASA1-AA1,12,1814 (b) Upon completion of a project of public works and before receiving final
15payment for his or her work on the project, each agent or subcontractor shall furnish
16the contractor with an affidavit stating that the agent or subcontractor has complied
17fully with the requirements of this section. A contractor may not authorize final
18payment until the affidavit is filed in proper form and order.
AB64-ASA1-AA1,13,819 (c) Upon completion of a project of public works and before receiving final
20payment for his or her work on the project, each contractor shall file with the local
21governmental unit authorizing the work an affidavit stating that the contractor has
22complied fully with the requirements of this section and that the contractor has
23received an affidavit under par. (b) from each of the contractor's agents and
24subcontractors. A local governmental unit may not authorize a final payment until
25the affidavit is filed in proper form and order. If a local governmental unit authorizes

1a final payment before an affidavit is filed in proper form and order or if the
2department determines, based on the greater weight of the credible evidence, that
3any person performing the work specified in sub. (4) has been or may have been paid
4less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay
5for all hours worked in excess of the prevailing hours of labor and requests that the
6local governmental unit withhold all or part of the final payment, but the local
7governmental unit fails to do so, the local governmental unit is liable for all back
8wages payable up to the amount of the final payment.
AB64-ASA1-AA1,13,14 9(10) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
10contractor's or subcontractor's agent performing work on a project of public works
11that is subject to this section shall keep full and accurate records clearly indicating
12the name and trade or occupation of every person performing the work described in
13sub. (4) and an accurate record of the number of hours worked by each of those
14persons and the actual wages paid for the hours worked.
AB64-ASA1-AA1,13,2315 (b) The department or the contracting local governmental unit may demand
16and examine, and every contractor, subcontractor, and contractor's or
17subcontractor's agent shall keep, and furnish upon request by the department or
18local governmental unit, copies of payrolls and other records and information
19relating to the wages paid to persons performing the work described in sub. (4) for
20work to which this section applies. The department may inspect records in the
21manner provided in ch. 103. Every contractor, subcontractor, or agent performing
22work on a project of public works that is subject to this section is subject to the
23requirements of ch. 103 relating to the examination of records.
AB64-ASA1-AA1,14,1124 (c) If requested by any person, the department shall inspect the payroll records
25of any contractor, subcontractor, or agent performing work on a project of public

1works that is subject to this section as provided in this paragraph to ensure
2compliance with this section. On receipt of such a request, the department shall
3request the contractor, subcontractor, or agent to submit to the department a
4certified record of the information specified in par. (a), other than personally
5identifiable information relating to an employee of the contractor, subcontractor, or
6agent, for no longer than a 4-week period. The department may request a contractor,
7subcontractor, or agent to submit those records no more than once per calendar
8quarter for each project of public works on which the contractor, subcontractor, or
9agent is performing work. The department may not charge a requester a fee for
10obtaining that information. The department shall make available for public
11inspection certified records submitted to the department under this paragraph.
AB64-ASA1-AA1,14,1712 (d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except that
13s. 103.005 (12) (a) does not apply to any person who fails to provide any information
14to the department to assist the department in determining prevailing wage rates
15under sub. (3) (am) or (ar). Section 111.322 (2m) applies to discharge and other
16discriminatory acts arising in connection with any proceeding under this section,
17including proceedings under sub. (11) (a).
AB64-ASA1-AA1,14,24 18(11) Liability and penalties. (a) 1. Any contractor, subcontractor, or
19contractor's or subcontractor's agent who fails to pay the prevailing wage rate
20determined by the department under sub. (3) or who pays less than 1.5 times the
21hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
22is liable to any affected employee in the amount of his or her unpaid wages or his or
23her unpaid overtime compensation and in an additional amount as liquidated
24damages as provided under subd. 2. or 3., whichever is applicable.
AB64-ASA1-AA1,15,9
12. If the department determines upon inspection under sub. (10) (b) or (c) that
2a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
3the prevailing wage rate determined by the department under sub. (3) or has paid
4less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
5prevailing hours of labor, the department shall order the contractor to pay to any
6affected employee the amount of his or her unpaid wages or his or her unpaid
7overtime compensation and an additional amount equal to 100 percent of the amount
8of those unpaid wages or that unpaid overtime compensation as liquidated damages
9within a period specified by the department in the order.
AB64-ASA1-AA1,15,2010 3. In addition to or in lieu of recovering the liability specified in subd. 1. as
11provided in subd. 2., any employee for and in behalf of that employee and other
12employees similarly situated may commence an action to recover that liability in any
13court of competent jurisdiction. If the court finds that a contractor, subcontractor,
14or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
15determined by the department under sub. (3) or has paid less than 1.5 times the
16hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
17the court shall order the contractor, subcontractor, or agent to pay to any affected
18employee the amount of his or her unpaid wages or his or her unpaid overtime
19compensation and an additional amount equal to 100 percent of the amount of those
20unpaid wages or that unpaid overtime compensation as liquidated damages.
AB64-ASA1-AA1,15,2521 5. No employee may be a party plaintiff to an action under subd. 3. unless the
22employee consents in writing to become a party and the consent is filed in the court
23in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
24addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
25and costs to be paid by the defendant.
AB64-ASA1-AA1,16,4
1(b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor,
2or contractor's or subcontractor's agent who violates this section may be fined not
3more than $200 or imprisoned for not more than 6 months or both. Each day that
4any violation continues is a separate offense.
AB64-ASA1-AA1,16,125 2. Whoever induces any person who seeks to be or is employed on any project
6of public works that is subject to this section to give up, waive, or return any part of
7the wages to which the person is entitled under the contract governing the project,
8or who reduces the hourly basic rate of pay normally paid to a person for work on a
9project that is not subject to this section during a week in which the person works
10both on a project of public works that is subject to this section and on a project that
11is not subject to this section, by threat not to employ, by threat of dismissal from
12employment, or by any other means is guilty of an offense under s. 946.15 (1).
AB64-ASA1-AA1,16,2213 3. Any person employed on a project of public works that is subject to this
14section who knowingly permits a contractor, subcontractor, or contractor's or
15subcontractor's agent to pay him or her less than the prevailing wage rate set forth
16in the contract governing the project, who gives up, waives, or returns any part of the
17compensation to which he or she is entitled under the contract, or who gives up,
18waives, or returns any part of the compensation to which he or she is normally
19entitled for work on a project that is not subject to this section during a week in which
20the person works both on a project of public works that is subject to this section and
21on a project that is not subject to this section, is guilty of an offense under s. 946.15
22(2).
AB64-ASA1-AA1,17,323 4. Whoever induces any person who seeks to be or is employed on any project
24of public works that is subject to this section to permit any part of the wages to which
25the person is entitled under the contract governing the project to be deducted from

1the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would
2be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that
3is subject to 40 USC 3142.
AB64-ASA1-AA1,17,94 5. Any person employed on a project of public works that is subject to this
5section who knowingly permits any part of the wages to which he or she is entitled
6under the contract governing the project to be deducted from his or her pay is guilty
7of an offense under s. 946.15 (4), unless the deduction would be permitted under 29
8CFR 3.5
or 3.6 from a person who is working on a project that is subject to 40 USC
93142
.
AB64-ASA1-AA1,17,1210 6. Subdivision 1. does not apply to any person who fails to provide any
11information to the department to assist the department in determining prevailing
12wage rates under sub. (3) (am) or (ar).
AB64-ASA1-AA1,17,25 13(12) Debarment. (a) Except as provided under pars. (b) and (c), the department
14shall notify any local governmental unit applying for a determination under sub. (3)
15of the names of all persons whom the department has found to have failed to pay the
16prevailing wage rate determined under sub. (3) or has found to have paid less than
171.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
18hours of labor at any time in the preceding 3 years. The department shall include
19with each name the address of the person and shall specify when the person failed
20to pay the prevailing wage rate and when the person paid less than 1.5 times the
21hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.
22A local governmental unit may not award any contract to the person unless otherwise
23recommended by the department or unless 3 years have elapsed from the date the
24department issued its findings or the date of final determination by a court of
25competent jurisdiction, whichever is later.
AB64-ASA1-AA1,18,5
1(b) The department may not include in a notification under par. (a) the name
2of any person on the basis of having let work to a person whom the department has
3found to have failed to pay the prevailing wage rate determined under sub. (3) or has
4found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
5in excess of the prevailing hours of labor.
AB64-ASA1-AA1,18,96 (c) This subsection does not apply to any contractor, subcontractor, or agent
7who in good faith commits a minor violation of this section, as determined on a
8case-by-case basis through administrative hearings with all rights to due process
9afforded to all parties or who has not exhausted or waived all appeals.
AB64-ASA1-AA1,18,1910 (d) Any person submitting a bid or negotiating a contract on a project of public
11works that is subject to this section shall, on the date the person submits the bid or
12negotiates the contract, identify any construction business in which the person, or
13a shareholder, officer, or partner of the person, if the person is a business, owns, or
14has owned at least a 25 percent interest on the date the person submits the bid or
15negotiates the contract or at any other time within 3 years preceding the date the
16person submits the bid or negotiates the contract, if the business has been found to
17have failed to pay the prevailing wage rate determined under sub. (3) or to have paid
18less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
19prevailing hours of labor.
AB64-ASA1-AA1,18,2020 (e) The department shall promulgate rules to administer this subsection.
AB64-ASA1-AA1,11 21Section 11. 84.062 of the statutes is repealed.
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