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AB50-ASA2-AA6,208,2315(b) Any person may request a recalculation of any portion of an initial
16determination within 30 days after the initial determination date if the person
17submits evidence with the request showing that the prevailing wage rate for any
18given trade or occupation included in the initial determination does not represent
19the prevailing wage rate for that trade or occupation in the area. The evidence shall
20include wage rate information reflecting work performed by individuals working in
21the contested trade or occupation in the area during the current survey period. The
22department shall affirm or modify the initial determination within 15 days after
23the date on which the department receives the request for recalculation.
AB50-ASA2-AA6,209,14
1(c) In addition to the recalculation under par. (b), the state agency that
2requested the determination under this subsection may request a review of any
3portion of a determination within 30 days after the date of issuance of the
4determination if the state agency submits evidence with the request showing that
5the prevailing wage rate for any given trade or occupation included in the
6determination does not represent the prevailing wage rate for that trade or
7occupation in the city, village, or town in which the proposed project of public works
8is located. That evidence shall include wage rate information for the contested
9trade or occupation on at least 3 similar projects located in the city, village, or town
10where the proposed project of public works is located on which some work has been
11performed during the current survey period and that were considered by the
12department in issuing its most recent compilation under par. (am). The
13department shall affirm or modify the determination within 15 days after the date
14on which the department receives the request for review.
AB50-ASA2-AA6,209,1515(3g) Nonapplicability. This section does not apply to any of the following:
AB50-ASA2-AA6,209,1816(a) A single-trade project of public works for which the estimated project cost
17of completion is less than $48,000 or a multiple-trade project of public works for
18which the estimated project cost of completion is less than $100,000.
AB50-ASA2-AA6,209,2219(b) Work performed on a project of public works for which the state or the state
20agency contracting for the project is not required to compensate any contractor,
21subcontractor, contractors or subcontractors agent, or individual for performing
22the work.
AB50-ASA2-AA6,210,2
1(c) Minor service or maintenance work, warranty work, or work under a
2supply and installation contract.
AB50-ASA2-AA6,210,33(f) A public highway, street, or bridge project.
AB50-ASA2-AA6,210,64(g) A project of public works involving the erection, construction, repair,
5remodeling, or demolition of a residential property containing 2 dwelling units or
6less.
AB50-ASA2-AA6,210,117(h) A road, street, bridge, sanitary sewer, or water main project that is a part
8of a development in which not less than 90 percent of the lots contain or will contain
92 dwelling units or less, as determined by the local governmental unit at the time of
10approval of the development, and that, on completion, is acquired by, or dedicated
11to, the state for ownership or maintenance by the state.
AB50-ASA2-AA6,210,1912(4r) Compliance. (a) When the department finds that a state agency has not
13requested a determination under sub. (3) (a) or that a state agency, contractor, or
14subcontractor has not physically incorporated a determination into a contract or
15subcontract as required under sub. (2) or has not notified a minor subcontractor of
16a determination in the manner prescribed by the department by rule promulgated
17under sub. (2), the department shall notify the state agency, contractor, or
18subcontractor of the noncompliance and shall file the determination with the state
19agency, contractor, or subcontractor within 30 days after the notice.
AB50-ASA2-AA6,211,220(b) Upon completion of a project of public works and before receiving final
21payment for his or her work on the project, each agent or subcontractor shall
22furnish the contractor with an affidavit stating that the agent or subcontractor has

1complied fully with the requirements of this section. A contractor may not
2authorize final payment until the affidavit is filed in proper form and order.
AB50-ASA2-AA6,211,163(c) Upon completion of a project of public works and before receiving final
4payment for his or her work on the project, each contractor shall file with the state
5agency authorizing the work an affidavit stating that the contractor has complied
6fully with the requirements of this section and that the contractor has received an
7affidavit under par. (b) from each of the contractors agents and subcontractors. A
8state agency may not authorize a final payment until the affidavit is filed in proper
9form and order. If a state agency authorizes a final payment before an affidavit is
10filed in proper form and order or if the department determines, based on the
11greater weight of the credible evidence, that any person performing the work
12specified in sub. (2m) has been or may have been paid less than the prevailing wage
13rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess
14of the prevailing hours of labor and requests that the state agency withhold all or
15part of the final payment, but the state agency fails to do so, the state agency is
16liable for all back wages payable up to the amount of the final payment.
AB50-ASA2-AA6,211,2217(5) Records; inspection; enforcement. (a) Each contractor, subcontractor,
18or contractors or subcontractors agent that performs work on a project of public
19works that is subject to this section shall keep full and accurate records clearly
20indicating the name and trade or occupation of every individual performing the
21work described in sub. (2m) and an accurate record of the number of hours worked
22by each of those individuals and the actual wages paid for the hours worked.
AB50-ASA2-AA6,212,1023(b) The department shall enforce this section. The department may demand

1and examine, and every contractor, subcontractor, and contractors and
2subcontractors agent shall keep, and furnish upon request by the department,
3copies of payrolls and other records and information relating to the wages paid to
4individuals performing the work described in sub. (2m) for work to which this
5section applies. The department may inspect records in the manner provided in
6this chapter. Every contractor, subcontractor, or agent performing work on a project
7of public works that is subject to this section is subject to the requirements of this
8chapter relating to the examination of records. Section 111.322 (2m) applies to
9discharge and other discriminatory acts arising in connection with any proceeding
10under this section.
AB50-ASA2-AA6,213,211(c) If requested by any person, the department shall inspect the payroll
12records of any contractor, subcontractor, or agent performing work on a project of
13public works that is subject to this section as provided in this paragraph to ensure
14compliance with this section. On receipt of such a request, the department shall
15request that the contractor, subcontractor, or agent submit to the department a
16certified record of the information specified in par. (a), other than personally
17identifiable information relating to an employee of the contractor, subcontractor, or
18agent, for no longer than a 4-week period. The department may request a
19contractor, subcontractor, or agent to submit those records no more than once per
20calendar quarter for each project of public works on which the contractor,
21subcontractor, or agent is performing work. The department may not charge a
22requester a fee for obtaining that information. Certified records submitted to the

1department under this paragraph are open for public inspection and copying under
2s. 19.35 (1).
AB50-ASA2-AA6,213,93(6m) Liability and penalties. (ag) 1. A contractor, subcontractor, or
4contractors or subcontractors agent who fails to pay the prevailing wage rate
5determined by the department under sub. (3) or who pays less than 1.5 times the
6hourly basic rate of pay for all hours worked in excess of the prevailing hours of
7labor is liable to any affected employee in the amount of his or her unpaid wages or
8his or her unpaid overtime compensation and in an additional amount as liquidated
9damages as provided in subd. 2. or 3., whichever is applicable.
AB50-ASA2-AA6,213,18102. If the department determines upon inspection under sub. (5) (b) or (c) that
11a contractor, subcontractor, or contractors or subcontractors agent has failed to
12pay the prevailing wage rate determined by the department under sub. (3) or has
13paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of
14the prevailing hours of labor, the department shall order the contractor to pay to
15any affected employee the amount of his or her unpaid wages or his or her unpaid
16overtime compensation and an additional amount equal to 100 percent of the
17amount of those unpaid wages or that unpaid overtime compensation as liquidated
18damages within a period specified by the department in the order.
AB50-ASA2-AA6,214,7193. In addition to or in lieu of recovering the liability specified in subd. 1. as
20provided in subd. 2., any employee for and on behalf of that employee and other
21employees similarly situated may commence an action to recover that liability in
22any court of competent jurisdiction. If the court finds that a contractor,
23subcontractor, or contractors or subcontractors agent has failed to pay the

1prevailing wage rate determined by the department under sub. (3) or has paid less
2than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
3prevailing hours of labor, the court shall order the contractor, subcontractor, or
4agent to pay to any affected employee the amount of his or her unpaid wages or his
5or her unpaid overtime compensation and an additional amount equal to 100
6percent of the amount of those unpaid wages or that unpaid overtime compensation
7as liquidated damages.
AB50-ASA2-AA6,214,1285. No employee may be a party plaintiff to an action under subd. 3. unless the
9employee consents in writing to become a party and the consent is filed in the court
10in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
11addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
12and costs to be paid by the defendant.
AB50-ASA2-AA6,214,1613(am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor,
14or contractors or subcontractors agent who violates this section may be fined not
15more than $200 or imprisoned for not more than 6 months or both. Each day that a
16violation continues is a separate offense.
AB50-ASA2-AA6,215,217(b) Whoever induces an individual who seeks to be or is employed on any
18project of public works that is subject to this section to give up, waive, or return any
19part of the wages to which the individual is entitled under the contract governing
20the project, or who reduces the hourly basic rate of pay normally paid to an
21individual for work on a project that is not subject to this section during a week in
22which the individual works both on a project of public works that is subject to this
23section and on a project that is not subject to this section, by threat not to employ, by

1threat of dismissal from employment, or by any other means is guilty of an offense
2under s. 946.15 (1).
AB50-ASA2-AA6,215,123(c) Any individual who is employed on a project of public works that is subject
4to this section who knowingly allows a contractor, subcontractor, or contractors or
5subcontractors agent to pay him or her less than the prevailing wage rate set forth
6in the contract governing the project, who gives up, waives, or returns any part of
7the compensation to which he or she is entitled under the contract, or who gives up,
8waives, or returns any part of the compensation to which he or she is normally
9entitled for work on a project that is not subject to this section during a week in
10which the individual works both on a project of public works that is subject to this
11section and on a project that is not subject to this section, is guilty of an offense
12under s. 946.15 (2).
AB50-ASA2-AA6,215,1813(d) Whoever induces any individual who seeks to be or is employed on any
14project of public works that is subject to this section to allow any part of the wages
15to which the individual is entitled under the contract governing the project to be
16deducted from the individuals pay is guilty of an offense under s. 946.15 (3), unless
17the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
18working on a project that is subject to 40 USC 3142.
AB50-ASA2-AA6,216,219(e) Any individual who is employed on a project of public works that is subject
20to this section who knowingly allows any part of the wages to which he or she is
21entitled under the contract governing the project to be deducted from his or her pay
22is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed

1under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is
2subject to 40 USC 3142.
AB50-ASA2-AA6,216,53(f) Paragraph (am) does not apply to any person who fails to provide any
4information to the department to assist the department in determining prevailing
5wage rates under sub. (3) (a) or (am).
AB50-ASA2-AA6,216,176(7) Debarment. (a) Except as provided under pars. (b) and (c), the
7department shall distribute to all state agencies a list of all persons that the
8department has found to have failed to pay the prevailing wage rate determined
9under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of
10pay for all hours worked in excess of the prevailing hours of labor at any time in the
11preceding 3 years. The department shall include with any name the address of the
12person and shall specify when the person failed to pay the prevailing wage rate and
13when the person paid less than 1.5 times the hourly basic rate of pay for all hours
14worked in excess of the prevailing hours of labor. A state agency may not award any
15contract to the person unless otherwise recommended by the department or unless
163 years have elapsed from the date the department issued its findings or date of
17final determination by a court of competent jurisdiction, whichever is later.
AB50-ASA2-AA6,216,2318(b) The department may not include in a notification under par. (a) the name
19of any person on the basis of having subcontracted a contract for a project of public
20works to a person that the department has found to have failed to pay the prevailing
21wage rate determined under sub. (3) or has found to have paid less than 1.5 times
22the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
23labor.
AB50-ASA2-AA6,217,4
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 case-
3by-case basis through administrative hearings with all rights to due process
4afforded to all parties or who has not exhausted or waived all appeals.
AB50-ASA2-AA6,217,135(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
8the person is a business, owns or has owned at least a 25 percent interest on the
9date the person submits the bid or at any other time within 3 years preceding the
10date the person submits the bid, if the business has been found to have failed to pay
11the prevailing wage rate determined under sub. (3) or to have paid less than 1.5
12times the hourly basic rate of pay for all hours worked in excess of the prevailing
13hours of labor.
AB50-ASA2-AA6,217,1414(e) The department shall promulgate rules to administer this subsection.
AB50-ASA2-AA6,40215Section 402. 103.50 of the statutes is created to read:
AB50-ASA2-AA6,217,1616103.50 Highway contracts. (1) Definitions. In this section:
AB50-ASA2-AA6,217,2317(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
22the department determines that there is insufficient wage data in those counties,
23area means the entire state.
AB50-ASA2-AA6,218,1
1(b) Hourly basic rate of pay has the meaning given in s. 103.49 (1) (b).
AB50-ASA2-AA6,218,22(bg) Insufficient wage data has the meaning given in s. 103.49 (1) (bg).
AB50-ASA2-AA6,218,33(c) Prevailing hours of labor has the meaning given in s. 103.49 (1) (c).
AB50-ASA2-AA6,218,84(d) 1. Except as provided in subd. 2., prevailing wage rate for any trade or
5occupation in any area means the hourly basic rate of pay, plus the hourly
6contribution for health insurance benefits, vacation benefits, pension benefits, and
7any other bona fide economic benefit, paid directly or indirectly, for a majority of the
8hours worked in the trade or occupation in the area.
AB50-ASA2-AA6,218,1692. If there is no rate at which a majority of the hours worked in the trade or
10occupation in the area is paid, prevailing wage rate means the average hourly
11basic rate of pay, weighted by the number of hours worked, plus the average hourly
12contribution, weighted by the number of hours worked, for health insurance
13benefits, vacation benefits, pension benefits, and any other bona fide economic
14benefit, paid directly or indirectly for all hours worked at the hourly basic rate of
15pay of the highest-paid 51 percent of hours worked in that trade or occupation in
16that area.
AB50-ASA2-AA6,218,1717(e) Truck driver has the meaning given in s. 103.49 (1) (g).
AB50-ASA2-AA6,218,2118(2) Prevailing wage rates and hours of labor. No contractor,
19subcontractor, agent, or other person performing any work on a project under a
20contract based on bids as provided in s. 84.06 (2) to which the state is a party for the
21construction or improvement of any highway may do any of the following:
AB50-ASA2-AA6,219,222(a) Pay an individual performing the work described in sub. (2m) less than the

1prevailing wage rate in the area in which the work is to be done determined under
2sub. (3).
AB50-ASA2-AA6,219,73(b) Allow an individual performing the work described in sub. (2m) to work a
4greater number of hours per day or per week than the prevailing hours of labor,
5unless the contractor, subcontractor, or contractors or subcontractors agent pays
6the individual for all hours worked in excess of the prevailing hours of labor at a
7rate of at least 1.5 times the individuals hourly basic rate of pay.
AB50-ASA2-AA6,219,128(2g) Nonapplicability. This section does not apply to a single-trade project
9of public works, as defined in s. 103.49 (1) (em), for which the estimated project cost
10of completion is less than $48,000 or a multiple-trade project of public works, as
11defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less
12than $100,000.
AB50-ASA2-AA6,219,1813(2m) Covered employees. (a) Subject to par. (b), any person subject to this
14section shall pay all of the following employees the prevailing wage rate determined
15under sub. (3) and may not allow such employees to work a greater number of hours
16per day or per week than the prevailing hours of labor, unless the person pays for all
17hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
18the employees hourly basic rate of pay:
AB50-ASA2-AA6,219,20191. All laborers, workers, mechanics, and truck drivers employed on the site of
20a project that is subject to this section.
AB50-ASA2-AA6,220,2212. All laborers, workers, mechanics, and truck drivers employed in the
22manufacturing or furnishing of materials, articles, supplies, or equipment on the
23site of a project that is subject to this section or from a facility dedicated exclusively,

1or nearly so, to a project that is subject to this section by a contractor, subcontractor,
2agent, or other person performing any work on the site of the project.
AB50-ASA2-AA6,220,103(b) A laborer, worker, mechanic, or truck driver who is employed to process,
4manufacture, pick up, or deliver materials or products from a commercial
5establishment that has a fixed place of business from which the establishment
6supplies processed or manufactured materials or products or from a facility that is
7not dedicated exclusively, or nearly so, to a project that is subject to this section is
8not entitled to receive the prevailing wage rate determined under sub. (3) or to
9receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in
10excess of the prevailing hours of labor unless any of the following applies:
AB50-ASA2-AA6,220,15111. The laborer, worker, mechanic, or truck driver is employed to go to the
12source of mineral aggregate such as sand, gravel, or stone and deliver that mineral
13aggregate to the site of a project that is subject to this section by depositing the
14material directly in final place, from the transporting vehicle or through spreaders
15from the transporting vehicle.
AB50-ASA2-AA6,220,19162. The laborer, worker, mechanic, or truck driver is employed to go to the site
17of a project that is subject to this section, pick up excavated material or spoil from
18the site of the project, and transport that excavated material or spoil away from the
19site of the project and return to the site of the project.
AB50-ASA2-AA6,220,2220(c) A contractor, subcontractor, agent, or other person performing work on a
21project subject to this section shall pay a truck driver who is an owner-operator of a
22truck separately for his or her work and for the use of his or her truck.
AB50-ASA2-AA6,221,523(3) Investigations; determinations. The department shall conduct

1investigations and hold public hearings necessary to define the trades or
2occupations that are commonly employed in the highway construction industry and
3to inform the department of the prevailing wage rates in all areas of the state for
4those trades or occupations, in order to ascertain and determine the prevailing
5wage rates accordingly.
AB50-ASA2-AA6,221,176(4) Certification of prevailing wage rates. The department of workforce
7development shall, by May 1 of each year, certify to the department of
8transportation the prevailing wage rates in each area for all trades or occupations
9commonly employed in the highway construction industry. The certification shall,
10in addition to the current prevailing wage rates, include future prevailing wage
11rates when such prevailing wage rates can be determined for any such trade or
12occupation in any area and shall specify the effective date of those future prevailing
13wage rates. The certification shall also include wage rates for work performed on
14Sundays or the holidays specified in s. 103.49 (1) (c) and shift differentials based on
15the time of day or night when work is performed. If a construction project extends
16into more than one area, the department shall determine only one standard of
17prevailing wage rates for the entire project.
AB50-ASA2-AA6,221,2318(4m) Wage rate data. In determining prevailing wage rates for projects that
19are subject to this section, the department shall use data from projects that are
20subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining
21prevailing wage rates for those projects, the department may not use data from any
22construction work that is performed by a state agency or a local governmental unit,
23as defined in s. 66.0903 (1) (d).
AB50-ASA2-AA6,222,4
1(5) Appeals to governor. If the department of transportation considers any
2determination of the department of workforce development of the prevailing wage
3rates in an area to be incorrect, it may appeal to the governor, whose determination
4is final.
AB50-ASA2-AA6,222,205(6) Contents of contracts. The department of transportation shall include
6a reference to the prevailing wage rates determined under sub. (3) and the
7prevailing hours of labor in the notice published for the purpose of securing bids for
8a project. Except as otherwise provided in this subsection, if any contract or
9subcontract for a project that is subject to this section is entered into, the prevailing
10wage rates determined under sub. (3) and the prevailing hours of labor shall be
11physically incorporated into and made a part of the contract or subcontract. For a
12minor subcontract, as determined by the department of workforce development,
13that department shall prescribe by rule the method of notifying the minor
14subcontractor of the prevailing wage rates and prevailing hours of labor applicable
15to the minor subcontract. The prevailing wage rates and prevailing hours of labor
16applicable to a contract or subcontract may not be changed during the time that the
17contract or subcontract is in force. The department of transportation shall post the
18prevailing wage rates determined by the department, the prevailing hours of labor,
19and the provisions of subs. (2) and (7) in at least one conspicuous place that is easily
20accessible to the employees on the site of the project.
AB50-ASA2-AA6,223,221(7) Penalties. (a) Except as provided in pars. (b), (d), and (f), any contractor,
22subcontractor, or contractors or subcontractors agent who violates this section

1may be fined not more than $200 or imprisoned for not more than 6 months or both.
2Each day that a violation continues is a separate offense.
AB50-ASA2-AA6,223,103(b) Whoever induces any individual who seeks to be or is employed on any
4project that is subject to this section to give up, waive, or return any part of the
5wages to which the individual is entitled under the contract governing the project,
6or who reduces the hourly basic rate of pay normally paid to an individual for work
7on a project that is not subject to this section during a week in which the individual
8works both on a project that is subject to this section and on a project that is not
9subject to this section, by threat not to employ, by threat of dismissal from
10employment, or by any other means is guilty of an offense under s. 946.15 (1).
AB50-ASA2-AA6,223,1911(c) Any individual employed on a project that is subject to this section who
12knowingly allows a contractor, subcontractor, or contractors or subcontractors
13agent to pay him or her less than the prevailing wage rate set forth in the contract
14governing the project, who gives up, waives, or returns any part of the compensation
15to which he or she is entitled under the contract, or who gives up, waives, or returns
16any part of the compensation to which he or she is normally entitled for work on a
17project that is not subject to this section during a week in which the individual
18works both on a project that is subject to this section and on a project that is not
19subject to this section, is guilty of an offense under s. 946.15 (2).
AB50-ASA2-AA6,224,220(d) Whoever induces any individual who seeks to be or is employed on any
21project that is subject to this section to allow any part of the wages to which the
22individual is entitled under the contract governing the project to be deducted from
23the individuals pay is guilty of an offense under s. 946.15 (3), unless the deduction

1would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a
2project that is subject to 40 USC 3142.
AB50-ASA2-AA6,224,73(e) Any individual employed on a project that is subject to this section who
4knowingly allows any part of the wages to which he or she is entitled under the
5contract governing the project to be deducted from his or her pay is guilty of an
6offense under s. 946.15 (4), unless the deduction would be allowed under 29 CFR 3.5
7or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.
AB50-ASA2-AA6,224,108(f) Paragraph (a) does not apply to any individual who fails to provide any
9information to the department to assist the department in determining prevailing
10wage rates under sub. (3) or (4).
AB50-ASA2-AA6,224,2011(8) Enforcement and prosecution. The department of transportation shall
12require adherence to subs. (2), (2m), and (6). The department of transportation may
13demand and examine, and every contractor, subcontractor, and contractors or
14subcontractors agent shall keep and furnish upon request by the department of
15transportation, copies of payrolls and other records and information relating to
16compliance with this section. Upon request of the department of transportation or
17upon complaint of alleged violation, the district attorney of the county in which the
18work is located shall investigate as necessary and prosecute violations in a court of
19competent jurisdiction. Section 111.322 (2m) applies to discharge and other
20discriminatory acts arising in connection with any proceeding under this section.
AB50-ASA2-AA6,40321Section 403. 103.503 (1) (a) of the statutes is amended to read:
AB50-ASA2-AA6,225,422103.503 (1) (a) Accident means an incident caused, contributed to, or
23otherwise involving an employee that resulted or could have resulted in death,

1personal injury, or property damage and that occurred while the employee was
2performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49
3(2m), 2015 stats., on a project of public works or while the employee was performing
4work on a public utility project.
AB50-ASA2-AA6,4045Section 404. 103.503 (1) (e) of the statutes is amended to read:
AB50-ASA2-AA6,225,86103.503 (1) (e) Employee means a laborer, worker, mechanic, or truck driver
7who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49
8(2m), 2015 stats., on a project of public works or on a public utility project.
AB50-ASA2-AA6,4059Section 405. 103.503 (1) (g) of the statutes is repealed and recreated to read:
AB50-ASA2-AA6,225,1110103.503 (1) (g) Project of public works means a project of public works that
11is subject to s. 66.0903 or 103.49.
AB50-ASA2-AA6,40612Section 406. 103.503 (2) of the statutes is amended to read:
AB50-ASA2-AA6,225,2013103.503 (2) Substance abuse prohibited. No employee may use, possess,
14attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
15be under the influence of alcohol, while performing the work described in s. 66.0903
16(4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or
17while performing work on a public utility project. An employee is considered to be
18under the influence of alcohol for purposes of this subsection if he or she has an
19alcohol concentration that is equal to or greater than the amount specified in s.
20885.235 (1g) (d).
AB50-ASA2-AA6,40721Section 407. 103.503 (3) (a) 2. of the statutes is amended to read:
AB50-ASA2-AA6,226,622103.503 (3) (a) 2. A requirement that employees performing the work
23described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a

1project of public works or performing work on a public utility project submit to
2random, reasonable suspicion, and post-accident drug and alcohol testing and to
3drug and alcohol testing before commencing work on the project, except that testing
4of an employee before commencing work on a project is not required if the employee
5has been participating in a random testing program during the 90 days preceding
6the date on which the employee commenced work on the project.
AB50-ASA2-AA6,4087Section 408. 104.001 (4) of the statutes is created to read:
AB50-ASA2-AA6,226,118104.001 (4) This section does not affect the requirement that employees
9employed on a public works project contracted for by a city, village, town, or county
10be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required
11under s. 66.0903.
AB50-ASA2-AA6,40912Section 409. 106.04 of the statutes is created to read:
AB50-ASA2-AA6,226,1613106.04 Employment of apprentices on state public works projects. (1)
14Definition. In this section, project means a project of public works that is
15subject to s. 103.49 or 103.50 in which work is performed by employees employed in
16trades that are apprenticeable under this subchapter.
AB50-ASA2-AA6,226,2117(2) Waiver. If the department grants an exception or modification to any
18requirement in any contract for the performance of work on a project relating to the
19employment and training of apprentices, the department shall post that
20information on its Internet site, together with a detailed explanation for granting
21the exception or modification.
AB50-ASA2-AA6,41022Section 410. 109.09 (1) of the statutes is amended to read:
AB50-ASA2-AA6,227,2123109.09 (1) The department shall investigate and attempt equitably to adjust

1controversies between employers and employees as to regarding alleged wage
2claims. The department may receive and investigate any wage claim that is filed
3with the department, or received by the department under s. 109.10 (4), no later
4than 2 years after the date the wages are due. The department may, after receiving
5a wage claim, investigate any wages due from the employer against whom the claim
6is filed to any employee during the period commencing 2 years before the date the
7claim is filed. The department shall enforce this chapter and s. ss. 66.0903, 2013
8stats., s. 103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and
9ss. 103.02, 103.49, 103.82, and 104.12, and 229.8275. In pursuance of this duty, the
10department may sue the employer on behalf of the employee to collect any wage
11claim or wage deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such
12actions. Except for actions under s. 109.10, the department may refer such an
13action to the district attorney of the county in which the violation occurs for
14prosecution and collection and the district attorney shall commence an action in the
15circuit court having appropriate jurisdiction. Any number of wage claims or wage
16deficiencies against the same employer may be joined in a single proceeding, but the
17court may order separate trials or hearings. In actions that are referred to a district
18attorney under this subsection, any taxable costs recovered by the district attorney
19shall be paid into the general fund of the county in which the violation occurs and
20used by that county to meet its financial responsibility under s. 978.13 (2) (b) for the
21operation of the office of the district attorney who prosecuted the action.
AB50-ASA2-AA6,41122Section 411. 111.322 (2m) (c) of the statutes is created to read:
AB50-ASA2-AA6,228,223111.322 (2m) (c) The individual files a complaint or attempts to enforce a

1right under s. 66.0903, 103.49, or 229.8275 or testifies or assists in any action or
2proceeding under s. 66.0903, 103.49, or 229.8275.
AB50-ASA2-AA6,4123Section 412. 227.01 (13) (t) of the statutes is created to read:
AB50-ASA2-AA6,228,74227.01 (13) (t) Ascertains and determines prevailing wage rates under ss.
566.0903, 103.49, 103.50, and 229.8275, except that any action or inaction which
6ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50,
7and 229.8275 is subject to judicial review under s. 227.40.
AB50-ASA2-AA6,4138Section 413. 229.682 (2) of the statutes is created to read:
AB50-ASA2-AA6,228,109229.682 (2) Prevailing wage. The construction of a baseball park facility
10that is financed in whole or in part by a district is subject to s. 66.0903.
AB50-ASA2-AA6,41411Section 414. 229.8275 of the statutes is created to read:
AB50-ASA2-AA6,228,1712229.8275 Prevailing wage. A district may not enter into a contract under s.
13229.827 with a professional football team, as described in s. 229.823, or a related
14party that requires the team or related party to acquire and construct or renovate
15football stadium facilities that are part of any facilities that are leased by the
16district to the team or to a related party unless the professional football team or
17related party agrees to all of the following:
AB50-ASA2-AA6,228,2318(1) Not to allow any employee working on the football stadium facilities who
19would be entitled to receive the prevailing wage rate under s. 66.0903 and who
20would not be required or allowed to work more than the prevailing hours of labor, if
21the football stadium facilities were a project of public works subject to s. 66.0903, to
22be paid less than the prevailing wage rate or to be required or allowed to work more
23than the prevailing hours of labor, except as allowed under s. 66.0903 (4) (a).
AB50-ASA2-AA6,229,6
1(2) To require any contractor, subcontractor, or agent of a contractor or
2subcontractor performing work on the football stadium facilities to keep and allow
3inspection of records in the same manner as a contractor, subcontractor, or agent of
4a contractor or subcontractor performing work on a project of public works that is
5subject to s. 66.0903 is required to keep and allow inspection of records under s.
666.0903 (10).
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