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AB68-SSA1,834,623 (b) Whoever induces an individual who seeks to be or is employed on any project
24of public works that is subject to this section to give up, waive, or return any part of
25the wages to which the individual is entitled under the contract governing the

1project, or who reduces the hourly basic rate of pay normally paid to an individual
2for work on a project that is not subject to this section during a week in which the
3individual works both on a project of public works that is subject to this section and
4on a project that is not subject to this section, by threat not to employ, by threat of
5dismissal from employment, or by any other means is guilty of an offense under s.
6946.15 (1).
AB68-SSA1,834,167 (c) Any individual who is employed on a project of public works that is subject
8to this section who knowingly allows a contractor, subcontractor, or contractor's or
9subcontractor's agent to pay him or her less than the prevailing wage rate set forth
10in the contract governing the project, who gives up, waives, or returns any part of the
11compensation to which he or she is entitled under the contract, or who gives up,
12waives, or returns any part of the compensation to which he or she is normally
13entitled for work on a project that is not subject to this section during a week in which
14the individual works both on a project of public works that is subject to this section
15and on a project that is not subject to this section, is guilty of an offense under s.
16946.15 (2).
AB68-SSA1,834,2217 (d) Whoever induces any individual who seeks to be or is employed on any
18project of public works that is subject to this section to allow any part of the wages
19to which the individual is entitled under the contract governing the project to be
20deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless
21the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
22working on a project that is subject to 40 USC 3142.
AB68-SSA1,835,323 (e) Any individual who is employed on a project of public works that is subject
24to this section who knowingly allows any part of the wages to which he or she is
25entitled under the contract governing the project to be deducted from his or her pay

1is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed
2under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject
3to 40 USC 3142.
AB68-SSA1,835,64 (f) Paragraph (am) does not apply to any person who fails to provide any
5information to the department to assist the department in determining prevailing
6wage rates under sub. (3) (a) or (am).
AB68-SSA1,835,18 7(7) Debarment. (a) Except as provided under pars. (b) and (c), the department
8shall distribute to all state agencies a list of all persons that the department has
9found to have failed to pay the prevailing wage rate determined under sub. (3) or has
10found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
11in excess of the prevailing hours of labor at any time in the preceding 3 years. The
12department shall include with any name the address of the person and shall specify
13when the person failed to pay the prevailing wage rate and when the person paid less
14than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
15prevailing hours of labor. A state agency may not award any contract to the person
16unless otherwise recommended by the department or unless 3 years have elapsed
17from the date the department issued its findings or date of final determination by a
18court of competent jurisdiction, whichever is later.
AB68-SSA1,835,2419 (b) The department may not include in a notification under par. (a) the name
20of any person on the basis of having subcontracted a contract for a project of public
21works to a person that the department has found to have failed to pay the prevailing
22wage rate determined under sub. (3) or has found to have paid less than 1.5 times
23the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
24labor.
AB68-SSA1,836,4
1(c) This subsection does not apply to any contractor, subcontractor, or agent
2who in good faith commits a minor violation of this section, as determined on a
3case-by-case basis through administrative hearings with all rights to due process
4afforded to all parties or who has not exhausted or waived all appeals.
AB68-SSA1,836,135 (d) Any person submitting a bid on a project of public works that is subject to
6this section shall, on the date the person submits the bid, identify any construction
7business in which the person, or a shareholder, officer, or partner of the person if the
8person is a business, owns or has owned at least a 25 percent interest on the date the
9person submits the bid or at any other time within 3 years preceding the date the
10person submits the bid, if the business has been found to have failed to pay the
11prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
12the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
13labor.
AB68-SSA1,836,1414 (e) The department shall promulgate rules to administer this subsection.
AB68-SSA1,1705 15Section 1705 . 103.50 of the statutes is created to read:
AB68-SSA1,836,16 16103.50 Highway contracts. (1) Definitions. In this section:
AB68-SSA1,836,2317 (a) “Area" means the county in which a proposed project that is subject to this
18section is located or, if the department determines that there is insufficient wage
19data in that county, “area" means those counties that are contiguous to that county
20or, if the department determines that there is insufficient wage data in those
21counties, “area" means those counties that are contiguous to those counties or, if the
22department determines that there is insufficient wage data in those counties, “area"
23means the entire state.
AB68-SSA1,836,2424 (b) “Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
AB68-SSA1,836,2525 (bg) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
AB68-SSA1,837,1
1(c) “Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
AB68-SSA1,837,62 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
3occupation in any area means the hourly basic rate of pay, plus the hourly
4contribution for health insurance benefits, vacation benefits, pension benefits, and
5any other bona fide economic benefit, paid directly or indirectly, for a majority of the
6hours worked in the trade or occupation in the area.
AB68-SSA1,837,137 2. If there is no rate at which a majority of the hours worked in the trade or
8occupation in the area is paid, “prevailing wage rate" means the average hourly basic
9rate of pay, weighted by the number of hours worked, plus the average hourly
10contribution, weighted by the number of hours worked, for health insurance benefits,
11vacation benefits, pension benefits, and any other bona fide economic benefit, paid
12directly or indirectly for all hours worked at the hourly basic rate of pay of the
13highest-paid 51 percent of hours worked in that trade or occupation in that area.
AB68-SSA1,837,1414 (e) “Truck driver" has the meaning given in s. 103.49 (1) (g).
AB68-SSA1,837,18 15(2) Prevailing wage rates and hours of labor. No contractor, subcontractor,
16agent, or other person performing any work on a project under a contract based on
17bids as provided in s. 84.06 (2) to which the state is a party for the construction or
18improvement of any highway may do any of the following:
AB68-SSA1,837,2119 (a) Pay an individual performing the work described in sub. (2m) less than the
20prevailing wage rate in the area in which the work is to be done determined under
21sub. (3).
AB68-SSA1,838,222 (b) Allow an individual performing the work described in sub. (2m) to work a
23greater number of hours per day or per week than the prevailing hours of labor,
24unless the contractor, subcontractor, or contractor or subcontractor's agent pays the

1individual for all hours worked in excess of the prevailing hours of labor at a rate of
2at least 1.5 times the individual's hourly basic rate of pay.
AB68-SSA1,838,7 3(2g) Nonapplicability. This section does not apply to a single-trade project of
4public works, as defined in s. 103.49 (1) (em), for which the estimated project cost of
5completion is less than $48,000 or a multiple-trade project of public works, as
6defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less
7than $100,000.
AB68-SSA1,838,13 8(2m) Covered employees. (a) Subject to par. (b), any person subject to this
9section shall pay all of the following employees the prevailing wage rate determined
10under sub. (3) and may not allow such employees to work a greater number of hours
11per day or per week than the prevailing hours of labor, unless the person pays for all
12hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
13the employees' hourly basic rate of pay:
AB68-SSA1,838,1514 1. All laborers, workers, mechanics, and truck drivers employed on the site of
15a project that is subject to this section.
AB68-SSA1,838,2016 2. All laborers, workers, mechanics, and truck drivers employed in the
17manufacturing or furnishing of materials, articles, supplies, or equipment on the site
18of a project that is subject to this section or from a facility dedicated exclusively, or
19nearly so, to a project that is subject to this section by a contractor, subcontractor,
20agent, or other person performing any work on the site of the project.
AB68-SSA1,839,321 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
22manufacture, pick up, or deliver materials or products from a commercial
23establishment that has a fixed place of business from which the establishment
24supplies processed or manufactured materials or products or from a facility that is
25not dedicated exclusively, or nearly so, to a project that is subject to this section is not

1entitled to receive the prevailing wage rate determined under sub. (3) or to receive
2at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess
3of the prevailing hours of labor unless any of the following applies:
AB68-SSA1,839,84 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
5of mineral aggregate such as sand, gravel, or stone and deliver that mineral
6aggregate to the site of a project that is subject to this section by depositing the
7material directly in final place, from the transporting vehicle or through spreaders
8from the transporting vehicle.
AB68-SSA1,839,129 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
10of a project that is subject to this section, pick up excavated material or spoil from
11the site of the project, and transport that excavated material or spoil away from the
12site of the project and return to the site of the project.
AB68-SSA1,839,1513 (c) A contractor, subcontractor, agent, or other person performing work on a
14project subject to this section shall pay a truck driver who is an owner-operator of
15a truck separately for his or her work and for the use of his or her truck.
AB68-SSA1,839,21 16(3) Investigations; determinations. The department shall conduct
17investigations and hold public hearings necessary to define the trades or occupations
18that are commonly employed in the highway construction industry and to inform the
19department of the prevailing wage rates in all areas of the state for those trades or
20occupations, in order to ascertain and determine the prevailing wage rates
21accordingly.
AB68-SSA1,840,8 22(4) Certification of prevailing wage rates. The department of workforce
23development shall, by May 1 of each year, certify to the department of transportation
24the prevailing wage rates in each area for all trades or occupations commonly
25employed in the highway construction industry. The certification shall, in addition

1to the current prevailing wage rates, include future prevailing wage rates when such
2prevailing wage rates can be determined for any such trade or occupation in any area
3and shall specify the effective date of those future prevailing wage rates. The
4certification shall also include wage rates for work performed on Sundays or the
5holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day
6or night when work is performed. If a construction project extends into more than
7one area, the department shall determine only one standard of prevailing wage rates
8for the entire project.
AB68-SSA1,840,14 9(4m) Wage rate data. In determining prevailing wage rates for projects that
10are subject to this section, the department shall use data from projects that are
11subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining
12prevailing wage rates for those projects, the department may not use data from any
13construction work that is performed by a state agency or a local governmental unit,
14as defined in s. 66.0903 (1) (d).
AB68-SSA1,840,18 15(5) Appeals to governor. If the department of transportation considers any
16determination of the department of workforce development of the prevailing wage
17rates in an area to be incorrect, it may appeal to the governor, whose determination
18is final.
AB68-SSA1,841,9 19(6) Contents of contracts. The department of transportation shall include
20a reference to the prevailing wage rates determined under sub. (3) and the prevailing
21hours of labor in the notice published for the purpose of securing bids for a project.
22Except as otherwise provided in this subsection, if any contract or subcontract for a
23project that is subject to this section is entered into, the prevailing wage rates
24determined under sub. (3) and the prevailing hours of labor shall be physically
25incorporated into and made a part of the contract or subcontract. For a minor

1subcontract, as determined by the department of workforce development, that
2department shall prescribe by rule the method of notifying the minor subcontractor
3of the prevailing wage rates and prevailing hours of labor applicable to the minor
4subcontract. The prevailing wage rates and prevailing hours of labor applicable to
5a contract or subcontract may not be changed during the time that the contract or
6subcontract is in force. The department of transportation shall post the prevailing
7wage rates determined by the department, the prevailing hours of labor, and the
8provisions of subs. (2) and (7) in at least one conspicuous place that is easily
9accessible to the employees on the site of the project.
AB68-SSA1,841,13 10(7) Penalties. (a) Except as provided in pars. (b), (d), and (f), any contractor,
11subcontractor, or contractor's or subcontractor's agent who violates this section may
12be fined not more than $200 or imprisoned for not more than 6 months or both. Each
13day that a violation continues is a separate offense.
AB68-SSA1,841,2114 (b) Whoever induces any individual who seeks to be or is employed on any
15project that is subject to this section to give up, waive, or return any part of the wages
16to which the individual is entitled under the contract governing the project, or who
17reduces the hourly basic rate of pay normally paid to an individual for work on a
18project that is not subject to this section during a week in which the individual works
19both on a project that is subject to this section and on a project that is not subject to
20this section, by threat not to employ, by threat of dismissal from employment, or by
21any other means is guilty of an offense under s. 946.15 (1).
AB68-SSA1,842,522 (c) Any individual employed on a project that is subject to this section who
23knowingly allows a contractor, subcontractor, or contractor's or subcontractor's
24agent to pay him or her less than the prevailing wage rate set forth in the contract
25governing the project, who gives up, waives, or returns any part of the compensation

1to which he or she is entitled under the contract, or who gives up, waives, or returns
2any part of the compensation to which he or she is normally entitled for work on a
3project that is not subject to this section during a week in which the individual works
4both on a project that is subject to this section and on a project that is not subject to
5this section, is guilty of an offense under s. 946.15 (2).
AB68-SSA1,842,116 (d) Whoever induces any individual who seeks to be or is employed on any
7project that is subject to this section to allow any part of the wages to which the
8individual is entitled under the contract governing the project to be deducted from
9the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction
10would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a
11project that is subject to 40 USC 3142.
AB68-SSA1,842,1612 (e) Any individual employed on a project that is subject to this section who
13knowingly allows any part of the wages to which he or she is entitled under the
14contract governing the project to be deducted from his or her pay is guilty of an
15offense under s. 946.15 (4), unless the deduction would be allowed under 29 CFR 3.5
16or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.
AB68-SSA1,842,1917 (f) Paragraph (a) does not apply to any individual who fails to provide any
18information to the department to assist the department in determining prevailing
19wage rates under sub. (3) or (4).
AB68-SSA1,843,4 20(8) Enforcement and prosecution. The department of transportation shall
21require adherence to subs. (2), (2m), and (6). The department of transportation may
22demand and examine, and every contractor, subcontractor, and contractor's or
23subcontractor's agent shall keep and furnish upon request by the department of
24transportation, copies of payrolls and other records and information relating to
25compliance with this section. Upon request of the department of transportation or

1upon complaint of alleged violation, the district attorney of the county in which the
2work is located shall investigate as necessary and prosecute violations in a court of
3competent jurisdiction. Section 111.322 (2m) applies to discharge and other
4discriminatory acts arising in connection with any proceeding under this section.
AB68-SSA1,1706 5Section 1706. 103.503 (title) of the statutes is amended to read:
AB68-SSA1,843,7 6103.503 (title) Substance abuse prevention on public works and public
7utility projects
; registration required.
AB68-SSA1,1707 8Section 1707 . 103.503 (1) (a) of the statutes is amended to read:
AB68-SSA1,843,149 103.503 (1) (a) “Accident" means an incident caused, contributed to, or
10otherwise involving an employee that resulted or could have resulted in death,
11personal injury, or property damage and that occurred while the employee was
12performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m),
132015 stats.,
on a project of public works or while the employee was performing work
14on a public utility project.
AB68-SSA1,1708 15Section 1708 . 103.503 (1) (e) of the statutes is amended to read:
AB68-SSA1,843,1816 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver
17who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49
18(2m), 2015 stats., on a project of public works or on a public utility project.
AB68-SSA1,1709 19Section 1709 . 103.503 (1) (g) of the statutes is repealed and recreated to read:
AB68-SSA1,843,2120 103.503 (1) (g) “Project of public works" means a project of public works that
21is subject to s. 66.0903 or 103.49.
AB68-SSA1,1710 22Section 1710 . 103.503 (2) of the statutes is amended to read:
AB68-SSA1,844,523 103.503 (2) Substance abuse prohibited. No employee may use, possess,
24attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
25be under the influence of alcohol, while performing the work described in s. 66.0903

1(4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or
2while performing work on a public utility project. An employee is considered to be
3under the influence of alcohol for purposes of this subsection if he or she has an
4alcohol concentration that is equal to or greater than the amount specified in s.
5885.235 (1g) (d).
AB68-SSA1,1711 6Section 1711. 103.503 (2m) of the statutes is created to read:
AB68-SSA1,844,97 103.503 (2m) Registration required. (a) Every employer that is subject to this
8section shall register with the department in the manner prescribed by the
9department by rule.
AB68-SSA1,844,1310 (b) The department shall charge a fee for a registration under this section. The
11department shall, by rule, establish a tiered fee structure, and fees shall be set at a
12level necessary to pay the costs of the department that are attributable to
13administering and enforcing this section.
AB68-SSA1,844,1514 (c) Any employer in violation of par. (a) shall forfeit no less than $10,000 and
15not more than $25,000 for each occurrence.
AB68-SSA1,1712 16Section 1712 . 103.503 (3) (a) 2. of the statutes is amended to read:
AB68-SSA1,844,2417 103.503 (3) (a) 2. A requirement that employees performing the work described
18in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of
19public works or performing work on a public utility project submit to random,
20reasonable suspicion, and post-accident drug and alcohol testing and to drug and
21alcohol testing before commencing work on the project, except that testing of an
22employee before commencing work on a project is not required if the employee has
23been participating in a random testing program during the 90 days preceding the
24date on which the employee commenced work on the project.
AB68-SSA1,1713 25Section 1713. 103.503 (6) of the statutes is created to read:
AB68-SSA1,845,2
1103.503 (6) Department to administer. (a) The department shall administer
2and enforce this section.
AB68-SSA1,845,53 (b) The department shall promulgate any rules necessary to implement this
4section, including rules to establish compliance with the registration requirement
5under sub. (2m).
AB68-SSA1,1714 6Section 1714 . 103.805 (1) of the statutes is amended to read:
AB68-SSA1,845,197 103.805 (1) The department or a permit officer shall collect a fee in the amount
8of $10 for issuing permits under ss. 103.25 and 103.71 and certificates of age under
9s. 103.75. A person designated to issue permits and certificates of age who is not on
10the payroll of the division administering this chapter may retain $2.50 of that fee as
11compensation for the person's services and shall forward $7.50 of that fee to the
12department, which shall deposit that amount forwarded in the general fund and
13credit $5 of that amount forwarded to the appropriation account under s. 20.445 (1)
14(gk). A person designated to issue permits and certificates of age who is on the payroll
15of the division administering this chapter shall forward that fee to the department,
16which
. The department shall deposit that fee all fees collected by or forwarded to the
17department under this section
in the general fund and credit $5 of that fee those
18amounts
to the appropriation account under s. 20.445 (1) (gk). The A permit officer
19shall account for all fees collected as the department prescribes.
AB68-SSA1,1715 20Section 1715. 104.001 (3) of the statutes is created to read:
AB68-SSA1,846,221 104.001 (3) This section does not affect an ordinance that, subject to s. 66.0903,
22requires an employee of a county, city, village, or town, an employee who performs
23work under a contract for the provision of services to a county, city, village, or town,
24or an employee who performs work that is funded by financial assistance from a

1county, city, village, or town to be paid at a minimum wage rate specified in the
2ordinance.
AB68-SSA1,1716 3Section 1716 . 104.001 (4) of the statutes is created to read:
AB68-SSA1,846,74 104.001 (4) This section does not affect the requirement that employees
5employed on a public works project contracted for by a city, village, town, or county
6be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required under
7s. 66.0903.
AB68-SSA1,1717 8Section 1717 . 104.01 (1h) of the statutes is created to read:
AB68-SSA1,846,129 104.01 (1h) “Consumer price index” means the average of the consumer price
10index over each 12-month period for all urban consumers, U.S. city average, all
11items, not seasonally adjusted, as determined by the bureau of labor statistics of the
12U.S. department of labor.
AB68-SSA1,1718 13Section 1718 . 104.035 (1) (a) of the statutes is renumbered 104.035 (1) (a)
14(intro.) and amended to read:
AB68-SSA1,846,1615 104.035 (1) (a) Minimum rates. (intro.) Except as provided in subs. (2) to (8)
16(8m), the minimum wage is as follows:
AB68-SSA1,846,18 171. For wages earned prior to the effective date of this subdivision .... [LRB
18inserts date],
$7.25 per hour.
AB68-SSA1,1719 19Section 1719 . 104.035 (1) (a) 2. of the statutes is created to read:
AB68-SSA1,846,2120 104.035 (1) (a) 2. For wages earned on or after the effective date of this
21subdivision .... [LRB inserts date], and prior to January 1, 2023, $8.60 per hour.
AB68-SSA1,1720 22Section 1720 . 104.035 (1) (a) 3. of the statutes is created to read:
AB68-SSA1,846,2423 104.035 (1) (a) 3. For wages earned on or after January 1, 2023, and prior to
24January 1, 2024, $9.40.
AB68-SSA1,1721 25Section 1721 . 104.035 (1) (a) 4. of the statutes is created to read:
AB68-SSA1,847,2
1104.035 (1) (a) 4. For wages earned on or after January 1, 2024, and prior to
2January 1, 2025, $10.15.
AB68-SSA1,1722 3Section 1722 . 104.035 (2) (a) of the statutes is renumbered 104.035 (2) (a)
4(intro.) and amended to read:
AB68-SSA1,847,65 104.035 (2) (a) Minimum rates. (intro.) Except as provided in subs. (2m) to (8)
6(8m), the minimum wage for a minor employee is as follows:
AB68-SSA1,847,8 71. For wages earned prior to the effective date of this subdivision .... [LRB
8inserts date],
$7.25 per hour.
AB68-SSA1,1723 9Section 1723 . 104.035 (2) (a) 2. of the statutes is created to read:
AB68-SSA1,847,1110 104.035 (2) (a) 2. For wages earned on or after the effective date of this
11subdivision .... [LRB inserts date], and prior to January 1, 2023, $8.60 per hour.
AB68-SSA1,1724 12Section 1724 . 104.035 (2) (a) 3. of the statutes is created to read:
AB68-SSA1,847,1413 104.035 (2) (a) 3. For wages earned on or after January 1, 2023, and prior to
14January 1, 2024, $9.40.
AB68-SSA1,1725 15Section 1725 . 104.035 (2) (a) 4. of the statutes is created to read:
AB68-SSA1,847,1716 104.035 (2) (a) 4. For wages earned on or after January 1, 2024, and prior to
17January 1, 2025, $10.15.
AB68-SSA1,1726 18Section 1726 . 104.035 (2m) (a) of the statutes is renumbered 104.035 (2m) (a)
19(intro.) and amended to read:
AB68-SSA1,847,2120 104.035 (2m) (a) Minimum rates. (intro.) Except as provided in subs. (3) to (8)
21(8m), the minimum wage for an opportunity employee is as follows:
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