AB68: Bill Text

AB68,1015,24 (4m) Wage rate data. In determining prevailing wage rates for projects that are subject to this section, the department shall use data from projects that are subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining prevailing wage rates for those projects, the department may not use data from any construction work that is performed by a state agency or a local governmental unit, as defined in s. 66.0903 (1) (d).

AB68,1016,4 (5) Appeals to governor. If the department of transportation considers any determination of the department of workforce development of the prevailing wage rates in an area to be incorrect, it may appeal to the governor, whose determination is final.

AB68,1016,20 (6) Contents of contracts. The department of transportation shall include a reference to the prevailing wage rates determined under sub. (3) and the prevailing hours of labor in the notice published for the purpose of securing bids for a project. Except as otherwise provided in this subsection, if any contract or subcontract for a project that is subject to this section is entered into, the prevailing wage rates determined under sub. (3) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract. For a minor subcontract, as determined by the department of workforce development, that department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. The department of transportation shall post the prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of subs. (2) and (7) in at least one conspicuous place that is easily accessible to the employees on the site of the project.

AB68,1016,24 (7) Penalties. (a) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense.

AB68,1017,8 (b) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to give up, waive, or return any part of the wages to which the individual is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to an individual for work on a project that is not subject to this section during a week in which the individual works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment, or by any other means is guilty of an offense under s. 946.15 (1).

AB68,1017,17 (c) Any individual employed on a project that is subject to this section who knowingly allows a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives, or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives, or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the individual works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

AB68,1017,23 (d) Whoever induces any individual who seeks to be or is employed on any project that is subject to this section to allow any part of the wages to which the individual is entitled under the contract governing the project to be deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB68,1018,3 (e) Any individual employed on a project that is subject to this section who knowingly allows any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.

AB68,1018,6 (f) Paragraph (a) does not apply to any individual who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) or (4).

AB68,1018,16 (8) Enforcement and prosecution. The department of transportation shall require adherence to subs. (2), (2m), and (6). The department of transportation may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep and furnish upon request by the department of transportation, copies of payrolls and other records and information relating to compliance with this section. Upon request of the department of transportation or upon complaint of alleged violation, the district attorney of the county in which the work is located shall investigate as necessary and prosecute violations in a court of competent jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB68,1661 Section 1661. 103.503 (title) of the statutes is amended to read:

AB68,1018,19 103.503 (title) Substance abuse prevention on public works and public utility projects; registration required.

AB68,1662 Section 1662 . 103.503 (1) (a) of the statutes is amended to read:

AB68,1019,2 103.503 (1) (a) “Accident" means an incident caused, contributed to, or otherwise involving an employee that resulted or could have resulted in death, personal injury, or property damage and that occurred while the employee was performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or while the employee was performing work on a public utility project.

AB68,1663 Section 1663 . 103.503 (1) (e) of the statutes is amended to read:

AB68,1019,6 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or on a public utility project.

AB68,1664 Section 1664 . 103.503 (1) (g) of the statutes is repealed and recreated to read:

AB68,1019,9 103.503 (1) (g) “Project of public works" means a project of public works that is subject to s. 66.0903 or 103.49.

AB68,1665 Section 1665 . 103.503 (2) of the statutes is amended to read:

AB68,1019,18 103.503 (2) Substance abuse prohibited. No employee may use, possess, attempt to possess, distribute, deliver, or be under the influence of a drug, or use or be under the influence of alcohol, while performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or while performing work on a public utility project. An employee is considered to be under the influence of alcohol for purposes of this subsection if he or she has an alcohol concentration that is equal to or greater than the amount specified in s. 885.235 (1g) (d).

AB68,1666 Section 1666. 103.503 (2m) of the statutes is created to read:

AB68,1019,22 103.503 (2m) Registration required. (a) Every employer that is subject to this section shall register with the department in the manner prescribed by the department by rule.

AB68,1020,2 (b) The department shall charge a fee for a registration under this section. The department shall, by rule, establish a tiered fee structure, and fees shall be set at a level necessary to pay the costs of the department that are attributable to administering and enforcing this section.

AB68,1020,4 (c) Any person in violation of par. (a) shall forfeit no less than $10,000 and not more than $25,000 for each occurrence.

AB68,1667 Section 1667 . 103.503 (3) (a) 2. of the statutes is amended to read:

AB68,1020,13 103.503 (3) (a) 2. A requirement that employees performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or performing work on a public utility project submit to random, reasonable suspicion, and post-accident drug and alcohol testing and to drug and alcohol testing before commencing work on the project, except that testing of an employee before commencing work on a project is not required if the employee has been participating in a random testing program during the 90 days preceding the date on which the employee commenced work on the project.

AB68,1668 Section 1668. 103.503 (6) of the statutes is created to read:

AB68,1020,16 103.503 (6) Department to administer. (a) The department shall administer and enforce this section.

AB68,1020,19 (b) The department shall promulgate any rules necessary to implement this section, including rules to establish compliance with the registration requirement under sub. (2m).

AB68,1669 Section 1669 . 103.805 (1) of the statutes is amended to read:

AB68,1021,8 103.805 (1) The department or a permit officer shall collect a fee in the amount of $10 for issuing permits under ss. 103.25 and 103.71 and certificates of age under s. 103.75. A person designated to issue permits and certificates of age who is not on the payroll of the division administering this chapter may retain $2.50 of that fee as compensation for the person's services and shall forward $7.50 of that fee to the department, which shall deposit that amount forwarded in the general fund and credit $5 of that amount forwarded to the appropriation account under s. 20.445 (1) (gk). A person designated to issue permits and certificates of age who is on the payroll of the division administering this chapter shall forward that fee to the department, which. The department shall deposit that fee all fees collected by or forwarded to the department under this section in the general fund and credit $5 of that fee those amounts to the appropriation account under s. 20.445 (1) (gk). The A permit officer shall account for all fees collected as the department prescribes.

AB68,1670 Section 1670. 104.001 (3) of the statutes is created to read:

AB68,1021,15 104.001 (3) This section does not affect an ordinance that, subject to s. 66.0903, requires an employee of a county, city, village, or town, an employee who performs work under a contract for the provision of services to a county, city, village, or town, or an employee who performs work that is funded by financial assistance from a county, city, village, or town to be paid at a minimum wage rate specified in the ordinance.

AB68,1671 Section 1671 . 104.001 (4) of the statutes is created to read:

AB68,1021,20 104.001 (4) This section does not affect the requirement that employees employed on a public works project contracted for by a city, village, town, or county be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required under s. 66.0903.

AB68,1672 Section 1672 . 104.01 (1h) of the statutes is created to read:

AB68,1021,25 104.01 (1h) “Consumer price index” means the average of the consumer price index over each 12-month period for all urban consumers, U.S. city average, all items, not seasonally adjusted, as determined by the bureau of labor statistics of the U.S. department of labor.

AB68,1673 Section 1673. 104.035 (1) (a) of the statutes is renumbered 104.035 (1) (a) (intro.) and amended to read:

AB68,1022,4 104.035 (1) (a) Minimum rates. (intro.) Except as provided in subs. (2) to (8) (8m), the minimum wage is as follows:

AB68,1022,6 1. For wages earned prior to the effective date of this subdivision .... [LRB inserts date], $7.25 per hour.

AB68,1674 Section 1674 . 104.035 (1) (a) 2. of the statutes is created to read:

AB68,1022,9 104.035 (1) (a) 2. For wages earned on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2023, $8.60 per hour.

AB68,1675 Section 1675 . 104.035 (1) (a) 3. of the statutes is created to read:

AB68,1022,12 104.035 (1) (a) 3. For wages earned on or after January 1, 2023, and prior to January 1, 2024, $9.40.

AB68,1676 Section 1676 . 104.035 (1) (a) 4. of the statutes is created to read:

AB68,1022,15 104.035 (1) (a) 4. For wages earned on or after January 1, 2024, and prior to January 1, 2025, $10.15.

AB68,1677 Section 1677 . 104.035 (2) (a) of the statutes is renumbered 104.035 (2) (a) (intro.) and amended to read:

AB68,1022,19 104.035 (2) (a) Minimum rates. (intro.) Except as provided in subs. (2m) to (8) (8m), the minimum wage for a minor employee is as follows:

AB68,1022,21 1. For wages earned prior to the effective date of this subdivision .... [LRB inserts date], $7.25 per hour.

AB68,1678 Section 1678 . 104.035 (2) (a) 2. of the statutes is created to read:

AB68,1022,24 104.035 (2) (a) 2. For wages earned on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2023, $8.60 per hour.

AB68,1679 Section 1679 . 104.035 (2) (a) 3. of the statutes is created to read:

AB68,1023,2 104.035 (2) (a) 3. For wages earned on or after January 1, 2023, and prior to January 1, 2024, $9.40.

AB68,1680 Section 1680 . 104.035 (2) (a) 4. of the statutes is created to read:

AB68,1023,5 104.035 (2) (a) 4. For wages earned on or after January 1, 2024, and prior to January 1, 2025, $10.15.

AB68,1681 Section 1681 . 104.035 (2m) (a) of the statutes is renumbered 104.035 (2m) (a) (intro.) and amended to read:

AB68,1023,9 104.035 (2m) (a) Minimum rates. (intro.) Except as provided in subs. (3) to (8) (8m), the minimum wage for an opportunity employee is as follows:

AB68,1023,11 1. For wages earned prior to the effective date of this subdivision .... [LRB inserts date], $5.90 per hour.

AB68,1682 Section 1682 . 104.035 (2m) (a) 2. of the statutes is created to read:

AB68,1023,14 104.035 (2m) (a) 2. For wages earned on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2023, $6.71 per hour.

AB68,1683 Section 1683 . 104.035 (2m) (a) 3. of the statutes is created to read:

AB68,1023,17 104.035 (2m) (a) 3. For wages earned on or after January 1, 2023, and prior to January 1, 2024, $7.32.

AB68,1684 Section 1684 . 104.035 (2m) (a) 4. of the statutes is created to read:

AB68,1023,20 104.035 (2m) (a) 4. For wages earned on or after January 1, 2024, and prior to January 1, 2025, $7.93.

AB68,1685 Section 1685 . 104.035 (3) (a) (intro.) of the statutes is amended to read:

AB68,1024,2 104.035 (3) (a) Minimum rates. (intro.) Except as provided in subs. (4) to (8) (8m), if an employer of a tipped employee establishes by the employer's payroll records that, when adding the tips received by the tipped employee in a week to the wages paid to the tipped employee in that week, the tipped employee receives not less than the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum wage for the tipped employee is as follows:

AB68,1686 Section 1686 . 104.035 (3) (a) 1. of the statutes is amended to read:

AB68,1024,6 104.035 (3) (a) 1. For wages earned by a tipped employee who is not an opportunity employee prior to the effective date of this subdivision .... [LRB inserts date], $2.33 per hour.

AB68,1687 Section 1687 . 104.035 (3) (a) 1d. of the statutes is created to read:

AB68,1024,10 104.035 (3) (a) 1d. For wages earned by a tipped employee who is not an opportunity employee, on or after the effective date of this subdivision .... [LRB inserts date] and prior to January 1, 2023, $2.65 per hour.

AB68,1688 Section 1688 . 104.035 (3) (a) 1h. of the statutes is created to read:

AB68,1024,14 104.035 (3) (a) 1h. For wages earned by a tipped employee who is not an opportunity employee, on or after January 1, 2023, and prior to January 1, 2024, $2.89 per hour.

AB68,1689 Section 1689 . 104.035 (3) (a) 1p. of the statutes is created to read:

AB68,1024,18 104.035 (3) (a) 1p. For wages earned by a tipped employee who is not an opportunity employee, on or after January 1, 2024, and prior to January 1, 2025, $3.13 per hour.

AB68,1690 Section 1690 . 104.035 (3) (a) 2. of the statutes is amended to read:

AB68,1024,22 104.035 (3) (a) 2. For wages earned by a tipped employee who is an opportunity employee prior to the effective date of this subdivision .... [LRB inserts date], $2.13 per hour.

AB68,1691 Section 1691 . 104.035 (3) (a) 2d. of the statutes is created to read:

AB68,1025,3 104.035 (3) (a) 2d. For wages earned by a tipped employee who is an opportunity employee, on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2023, $2.42 per hour.

AB68,1692 Section 1692 . 104.035 (3) (a) 2h. of the statutes is created to read:

AB68,1025,7 104.035 (3) (a) 2h. For wages earned by a tipped employee who is an opportunity employee, on or after January 1, 2023, and prior to January 1, 2024, $2.64 per hour.

AB68,1693 Section 1693 . 104.035 (3) (a) 2p. of the statutes is created to read:

AB68,1025,11 104.035 (3) (a) 2p. For wages earned by a tipped employee who is an opportunity employee, on or after January 1, 2024, and prior to January 1, 2025, $2.86 per hour.

AB68,1694 Section 1694 . 104.035 (4) (a) of the statutes is renumbered 104.035 (4) (a) (intro.) and amended to read:

AB68,1025,15 104.035 (4) (a) Minimum rates. (intro.) Except as provided in subs. (7) and (8) to (8m), the minimum wage for an agricultural employee is as follows:

AB68,1025,17 1. For wages earned prior to the effective date of this subdivision .... [LRB inserts date], $7.25 per hour.

AB68,1695 Section 1695 . 104.035 (4) (a) 2. of the statutes is created to read:

AB68,1025,20 104.035 (4) (a) 2. For wages earned on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2023, $8.60 per hour.

AB68,1696 Section 1696 . 104.035 (4) (a) 3. of the statutes is created to read:

AB68,1025,23 104.035 (4) (a) 3. For wages earned on or after January 1, 2023, and prior to January 1, 2024, $9.40 per hour.