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MIM:amn&cjs
2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 621
February 22, 2024 - Offered by Representative Neubauer.
AB621-ASA2,2,2 1An Act to repeal 16.75 (1p), 16.855 (1p), 66.0901 (1) (ae), 66.0901 (1) (am),
266.0901 (6m), 66.0901 (6s), 84.54, 86.51, 111.04 (3) and 947.20; to consolidate,
3renumber and amend
111.04 (1) and (2); to amend 66.0129 (5), 66.0901 (6),
466.0903 (1) (c), 66.0903 (1) (f), 66.0903 (1) (j), 66.0903 (1m) (b), 103.005 (12) (a),
5103.503 (1) (a), 103.503 (1) (e), 103.503 (2), 103.503 (3) (a) 2., 109.09 (1), 111.06
6(1) (c), 111.06 (1) (e), 111.06 (1) (i), 111.322 (2m) (a), 111.322 (2m) (b) and 978.05
7(6) (a); to repeal and recreate 66.0903 (1) (g) and 103.503 (1) (g); and to create
819.36 (12), 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im), 66.0903 (2)
9to (12), 84.41 (3), 103.49, 103.50, 104.001 (4), 106.04, 111.01, 111.322 (2m) (c),
10227.01 (13) (t), 229.682 (2), 229.8275 and 946.15 of the statutes; relating to:
11eliminating the right-to-work law, project labor agreements and public

1contracts, prevailing wage, granting rule-making authority, and providing a
2penalty.
Analysis by the Legislative Reference Bureau
Right-to-work repeal
The current right-to-work law prohibits a person from requiring, as a
condition of obtaining or continuing employment, an individual to refrain or resign
from membership in a labor organization, to become or remain a member of a labor
organization, to pay dues or other charges to a labor organization, or to pay any other
person an amount that is in place of dues or charges required of members of a labor
organization. This bill repeals these prohibitions and the associated misdemeanor
offense for violating the right-to-work law.
The bill explicitly provides that, when an all-union agreement is in effect, it is
not an unfair labor practice to encourage or discourage membership in a labor
organization or to deduct labor organization dues or assessments from an employee's
earnings. The bill sets conditions under which an employer may enter into an
all-union agreement. The bill also sets conditions for the continuation or
termination of all-union agreements, including that, if the Wisconsin Employment
Relations Commission determines there is reasonable ground to believe employees
in an all-union agreement have changed their attitude about the agreement, WERC
is required to conduct a referendum to determine whether the employees wish to
continue the agreement. WERC is required to terminate an all-union agreement if
it finds the union unreasonably refused to admit an employee into the union.
Project labor agreements
Under current law, the state and local units of government are prohibited from
engaging in certain practices in letting bids for state procurement or public works
contracts. Among these prohibitions, as established by 2017 Wisconsin Act 3, the
state and local governments may not do any of the following in specifications for bids
for the contracts: 1) require that a bidder enter into an agreement with a labor
organization; 2) consider, when awarding a contract, whether a bidder has or has not
entered into an agreement with a labor organization; or 3) require that a bidder enter
into an agreement that requires that the bidder or bidder's employees become or
remain members of a labor organization or pay any dues or fees to a labor
organization. This bill repeals these bidding specification restrictions.
Prevailing wage
This bill requires that laborers, workers, mechanics, and truck drivers
employed on the site of certain projects of public works be paid the prevailing wage
and not be required or allowed to work a greater number of hours per day and per
week than the prevailing hours of labor unless they are paid overtime for all hours
worked in excess of the prevailing hours of labor. Projects subject to the bill include
state and local projects of public works, including state highway projects, with
exceptions including projects below certain cost thresholds, minor service or

maintenance work, and certain residential projects. Under the bill, “prevailing wage
rate” is defined as the hourly basic rate of pay, plus the hourly contribution for bona
fide economic benefits, paid for a majority of the hours worked in a trade or
occupation in the area in which the project is located, except that, if there is no rate
at which a majority of those hours is paid, “prevailing wage rate” means the average
hourly basic rate of pay, plus the average hourly contribution for bona fide economic
benefits, paid for the highest-paid 51 percent of hours worked in a trade or
occupation in the area. “Prevailing hours of labor" is defined as 10 hours per day and
40 hours per week, excluding weekends and holidays. The bill requires the
Department of Workforce Development to conduct investigations and hold public
hearings as necessary to define the trades or occupations that are commonly
employed on projects that are subject to the prevailing wage law and to inform itself
of the prevailing wage rates in all areas of the state for those trades or occupations,
in order to determine the prevailing wage rate for each trade or occupation. The bill
contains certain other provisions regarding the calculation of prevailing wage rates
by DWD, including provisions allowing persons to request recalculations or reviews
of the prevailing wage rates determined by DWD.
The bill requires contracts and notices for bids for projects subject to the bill to
include and incorporate provisions ensuring compliance with the requirements. The
bill also establishes a requirement that state agencies and local governments post
prevailing wage rates and hours of labor in areas readily accessible to persons
employed on the project or in sites regularly used for posting notices.
The bill makes a contractor that fails to pay the prevailing wage rate or
overtime pay to an employee as required under the prevailing wage law liable to the
affected employee for not only the amount of unpaid wages and overtime pay, but also
for liquidated damages in an amount equal to 100 percent of the unpaid wages and
overtime pay.
Finally, the bill includes, for both state and local projects of public works,
provisions regarding coverage, compliance, enforcement, and penalties, including 1)
requirements for affidavits to be filed by contractors affirming compliance with the
prevailing wage law; 2) record retention requirements for contractors regarding
wages paid to workers and provisions allowing for the inspection of those records by
DWD; 3) liability and penalty provisions for certain violations, including criminal
penalties; and 4) provisions prohibiting contracts from being awarded to persons who
have failed to comply with the prevailing wage law.
Transportation projects
Under current law, for certain highway projects for which the Department of
Transportation spends federal money, federal money must make up at least 70
percent of the funding for those projects. DOT is required to notify political
subdivisions receiving aid for local projects whether the aid includes federal moneys
and how those moneys must be spent. For certain projects that receive no federal
money, DOT may not require political subdivisions to comply with any portion of
DOT's facilities development manual other than design standards. Any local project
funded with state funds under the surface transportation program or the local bridge

program must be let through competitive bidding and by contract to the lowest
responsible bidder. The bill repeals all of these requirements.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB621-ASA2,1 1Section 1. 16.75 (1p) of the statutes is repealed.
AB621-ASA2,2 2Section 2. 16.855 (1p) of the statutes is repealed.
AB621-ASA2,3 3Section 3 . 19.36 (12) of the statutes is created to read:
AB621-ASA2,4,134 19.36 (12) Information relating to certain employees. Unless access is
5specifically authorized or required by statute, an authority may not provide access
6to a record prepared or provided by an employer performing work on a project to
7which s. 66.0903, 103.49, or 103.50 applies, or on which the employer is otherwise
8required to pay prevailing wages, if that record contains the name or other personally
9identifiable information relating to an employee of that employer, unless the
10employee authorizes the authority to provide access to that information. In this
11subsection, “personally identifiable information" does not include an employee's
12work classification, hours of work, or wage or benefit payments received for work on
13such a project.
AB621-ASA2,4 14Section 4 . 66.0129 (5) of the statutes is amended to read:
AB621-ASA2,4,1915 66.0129 (5) Bids for construction. The nonprofit corporation shall let all
16contracts exceeding $1,000 for the construction, maintenance or repair of hospital
17facilities to the lowest responsible bidder after advertising for bids by the publication
18of a class 2 notice under ch. 985. Section Sections 66.0901 applies and 66.0903 apply
19to bids and contracts under this subsection.
AB621-ASA2,5 20Section 5. 66.0901 (1) (ae) of the statutes is repealed.
AB621-ASA2,6 21Section 6. 66.0901 (1) (am) of the statutes is repealed.
AB621-ASA2,7
1Section 7. 66.0901 (6) of the statutes is amended to read:
AB621-ASA2,5,122 66.0901 (6) Separation of contracts; classification of contractors. In public
3contracts for the construction, repair, remodeling or improvement of a public
4building or structure, other than highway structures and facilities, a municipality
5may bid projects based on a single or multiple division of the work. Public contracts
6shall be awarded according to the division of work selected for bidding. Except as
7provided in sub. (6m), the
The municipality may set out in any public contract
8reasonable and lawful conditions as to the hours of labor, wages, residence, character
9and classification of workers to be employed by any contractor, classify contractors
10as to their financial responsibility, competency and ability to perform work and set
11up a classified list of contractors. The municipality may reject the bid of any person,
12if the person has not been classified for the kind or amount of work in the bid.
AB621-ASA2,8 13Section 8. 66.0901 (6m) of the statutes is repealed.
AB621-ASA2,9 14Section 9. 66.0901 (6s) of the statutes is repealed.
AB621-ASA2,10 15Section 10 . 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the
16statutes are created to read:
AB621-ASA2,5,2517 66.0903 (1) (a) “Area" means the county in which a proposed project of public
18works that is subject to this section is located or, if the department determines that
19there is insufficient wage data in that county, “area" means those counties that are
20contiguous to that county or, if the department determines that there is insufficient
21wage data in those counties, “area" means those counties that are contiguous to those
22counties or, if the department determines that there is insufficient wage data in those
23counties, “area" means the entire state or, if the department is requested to review
24a determination under sub. (3) (br), “area" means the city, village, or town in which
25a proposed project of public works that is subject to this section is located.
AB621-ASA2,6,1
1(am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).
AB621-ASA2,6,22 (b) “Department" means the department of workforce development.
AB621-ASA2,6,33 (cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
AB621-ASA2,6,114 (dr) “Minor service or maintenance work" means a project of public works that
5is limited to minor crack filling, chip or slurry sealing, or other minor pavement
6patching, not including overlays, that has a projected life span of no longer than 5
7years or that is performed for a town and is not funded under s. 86.31, regardless of
8projected life span; the depositing of gravel on an existing gravel road applied solely
9to maintain the road; road shoulder maintenance; cleaning of drainage or sewer
10ditches or structures; or any other limited, minor work on public facilities or
11equipment that is routinely performed to prevent breakdown or deterioration.
AB621-ASA2,6,1312 (em) “Multiple-trade project of public works" has the meaning given in s.
13103.49 (1) (br).
AB621-ASA2,6,1514 (hm) “Single-trade project of public works" has the meaning given in s. 103.49
15(1) (em).
AB621-ASA2,6,1716 (im) “Supply and installation contract" has the meaning given in s. 103.49 (1)
17(fm).
AB621-ASA2,11 18Section 11 . 66.0903 (1) (c) of the statutes is amended to read:
AB621-ASA2,6,2019 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856
20103.49 (1) (b), 2015 stats.
AB621-ASA2,12 21Section 12 . 66.0903 (1) (f) of the statutes is amended to read:
AB621-ASA2,6,2322 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856
23103.49 (1) (e), 2015 stats. (c).
AB621-ASA2,13 24Section 13 . 66.0903 (1) (g) of the statutes is repealed and recreated to read:
AB621-ASA2,7,2
166.0903 (1) (g) “Prevailing wage rate" has the meaning given in s. 103.49 (1)
2(d).
AB621-ASA2,14 3Section 14 . 66.0903 (1) (j) of the statutes is amended to read:
AB621-ASA2,7,54 66.0903 (1) (j) “Truck driver" includes an owner-operator of a truck has the
5meaning given in s. 103.49 (1) (g)
.
AB621-ASA2,15 6Section 15 . 66.0903 (1m) (b) of the statutes is amended to read:
AB621-ASA2,7,217 66.0903 (1m) (b) The legislature finds that the enactment of ordinances or
8other enactments by local governmental units requiring laborers, workers,
9mechanics, and truck drivers employed on projects of public works or on publicly
10funded private construction projects to be paid the prevailing wage rate and to be
11paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the
12prevailing hours of labor would be logically inconsistent with, would defeat the
13purpose of, and would go against the repeals spirit of this section and the repeal of
14s. 66.0904, 2009 stats., and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section
15shall be construed as an enactment of statewide concern for the purposes of
16facilitating broader participation with respect to bidding on projects of public works,
17ensuring that wages accurately reflect market conditions, providing local
18governments with the flexibility to reduce costs on capital projects, and reducing
19spending at all levels of government in this state
purpose of providing uniform
20prevailing wage rate and prevailing hours of labor requirements throughout the
21state
.
AB621-ASA2,16 22Section 16 . 66.0903 (2) to (12) of the statutes are created to read:
AB621-ASA2,7,2523 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project
24of public works erected, constructed, repaired, remodeled, or demolished for a local
25governmental unit, including all of the following:
AB621-ASA2,8,1
1(a) A highway, street, bridge, building, or other infrastructure project.
AB621-ASA2,8,52 (b) A project erected, constructed, repaired, remodeled, or demolished by one
3local governmental unit for another local governmental unit under a contract under
4s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically
5authorizing cooperation between local governmental units.
AB621-ASA2,8,96 (c) A project in which the completed facility is leased, purchased, lease
7purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu
8of the local governmental unit contracting for the erection, construction, repair,
9remodeling, or demolition of the facility.
AB621-ASA2,8,1310 (d) A road, street, bridge, sanitary sewer, or water main project in which the
11completed road, street, bridge, sanitary sewer, or water main is acquired by, or
12dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership
13or maintenance by the local governmental unit.
AB621-ASA2,8,25 14(3) Prevailing wage rates and hours of labor. (am) A local governmental unit,
15before making a contract by direct negotiation or soliciting bids on a contract for the
16erection, construction, remodeling, repairing, or demolition of any project of public
17works, shall apply to the department to determine the prevailing wage rate for each
18trade or occupation required in the work contemplated. The department shall
19conduct investigations and hold public hearings as necessary to define the trades or
20occupations that are commonly employed on projects of public works that are subject
21to this section and to inform itself of the prevailing wage rates in all areas of the state
22for those trades or occupations, in order to determine the prevailing wage rate for
23each trade or occupation. The department shall issue its determination within 30
24days after receiving the request and shall file the determination with the requesting
25local governmental unit.
AB621-ASA2,9,7
1(ar) The department shall, by January 1 of each year, compile the prevailing
2wage rates for each trade or occupation in each area. The compilation shall, in
3addition to the current prevailing wage rates, include future prevailing wage rates
4when those prevailing wage rates can be determined for any trade or occupation in
5any area and shall specify the effective date of those future prevailing wage rates.
6If a project of public works extends into more than one area, the department shall
7determine only one standard of prevailing wage rates for the entire project.
AB621-ASA2,9,158 (av) In determining prevailing wage rates under par. (am) or (ar), the
9department may not use data from projects that are subject to this section, s. 103.49
10or 103.50, or 40 USC 3142 unless the department determines that there is
11insufficient wage data in the area to determine those prevailing wage rates, in which
12case the department may use data from projects that are subject to this section, s.
13103.49 or 103.50, or 40 USC 3142. In determining prevailing wage rates under par.
14(am) or (ar), the department may not use data from any construction work that is
15performed by a local governmental unit or a state agency.
AB621-ASA2,9,2416 (bm) Any person may request a recalculation of any portion of an initial
17determination within 30 days after the initial determination date if the person
18submits evidence with the request showing that the prevailing wage rate for any
19given trade or occupation included in the initial determination does not represent the
20prevailing wage rate for that trade or occupation in the area. The evidence shall
21include wage rate information reflecting work performed by individuals working in
22the contested trade or occupation in the area during the current survey period. The
23department shall affirm or modify the initial determination within 15 days after the
24date on which the department receives the request for recalculation.
AB621-ASA2,10,14
1(br) In addition to the recalculation under par. (bm), the local governmental
2unit that requested the determination under this subsection may request a review
3of any portion of a determination within 30 days after the date of issuance of the
4determination if the local governmental unit submits evidence with the request
5showing that the prevailing wage rate for any given trade or occupation included in
6the determination 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 trade
9or occupation on at least 3 similar projects located in the city, village, or town where
10the proposed project of public works is located and on which some work has been
11performed during the current survey period and which were considered by the
12department in issuing its most recent compilation under par. (ar). The department
13shall affirm or modify the determination within 15 days after the date on which the
14department receives the request for review.
AB621-ASA2,11,215 (dm) A local governmental unit that is subject to this section shall include a
16reference to the prevailing wage rates determined by the department and to the
17prevailing hours of labor in the notice published for the purpose of securing bids for
18the project of public works. Except as otherwise provided in this paragraph, if any
19contract or subcontract for a project of public works is entered into, the prevailing
20wage rates determined by the department and the prevailing hours of labor shall be
21physically incorporated into and made a part of the contract or subcontract. For a
22minor subcontract, as determined by the department, the department shall
23prescribe by rule the method of notifying the minor subcontractor of the prevailing
24wage rates and prevailing hours of labor applicable to the minor subcontract. The
25prevailing wage rates and prevailing hours of labor applicable to a contract or

1subcontract may not be changed during the time that the contract or subcontract is
2in force.
AB621-ASA2,11,43 (e) No contractor, subcontractor, or contractor's or subcontractor's agent that
4is subject to this section may do any of the following:
AB621-ASA2,11,75 1. Pay an individual performing the work described in sub. (4) less than the
6prevailing wage rate in the same or most similar trade or occupation determined
7under this subsection.
AB621-ASA2,11,128 2. Allow an individual performing the work described in sub. (4) to work a
9greater number of hours per day or per week than the prevailing hours of labor,
10unless the contractor, subcontractor, or contractor's or subcontractor's agent pays
11the individual for all hours worked in excess of the prevailing hours of labor at a rate
12of at least 1.5 times the individual's hourly basic rate of pay.
AB621-ASA2,11,18 13(4) 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 the
17employee for all hours worked in excess of the prevailing hours of labor at a rate of
18at least 1.5 times the employee's hourly basic rate of pay:
AB621-ASA2,11,2019 1. All laborers, workers, mechanics, and truck drivers employed on the site of
20a project of public works that is subject to this section.
AB621-ASA2,12,221 2. All laborers, workers, mechanics, and truck drivers employed in the
22manufacturing or furnishing of materials, articles, supplies, or equipment on the site
23of a project of public works that is subject to this section or from a facility dedicated
24exclusively, or nearly so, to a project of public works that is subject to this section by

1a contractor, subcontractor, agent, or other person performing any work on the site
2of the project.
AB621-ASA2,12,103 (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 of public works that is subject to
8this section is not entitled to receive the prevailing wage rate determined under sub.
9(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
10worked in excess of the prevailing hours of labor unless any of the following applies:
AB621-ASA2,12,1511 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
12of mineral aggregate such as sand, gravel, or stone and deliver that mineral
13aggregate to the site of a project of public works that is subject to this section by
14depositing the material directly in final place, from the transporting vehicle or
15through spreaders from the transporting vehicle.
AB621-ASA2,12,1916 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
17of a project of public works that is subject to this section, pick up excavated material
18or spoil from the site of the project, and transport that excavated material or spoil
19away from the site of the project.
AB621-ASA2,12,2220 (c) A person subject to this section shall pay a truck driver who is an
21owner-operator of a truck separately for his or her work and for the use of his or her
22truck.
AB621-ASA2,12,23 23(5) Nonapplicability. This section does not apply to any of the following:
AB621-ASA2,13,524 (a) A single-trade project of public works for which the estimated project cost
25of completion is less than $48,000, a multiple-trade project of public works for which

1the estimated project cost of completion is less than $100,000, or, in the case of a
2multiple-trade project of public works erected, constructed, repaired, remodeled, or
3demolished by a private contractor for a city or village having a population of less
4than 2,500 or for a town, a multiple-trade project of public works for which the
5estimated project cost of completion is less than $234,000.
AB621-ASA2,13,96 (b) Work performed on a project of public works for which the local
7governmental unit contracting for the project is not required to compensate any
8contractor, subcontractor, contractor's or subcontractor's agent, or individual for
9performing the work.
AB621-ASA2,13,1110 (c) Minor service or maintenance work, warranty work, or work under a supply
11and installation contract.
AB621-ASA2,13,1412 (f) A project of public works involving the erection, construction, repair,
13remodeling, or demolition of a residential property containing 2 dwelling units or
14less.
AB621-ASA2,13,2015 (g) A road, street, bridge, sanitary sewer, or water main project that is a part
16of a development in which not less than 90 percent of the lots contain or will contain
172 dwelling units or less, as determined by the local governmental unit at the time of
18approval of the development, and that, on completion, is acquired by, or dedicated to,
19a local governmental unit, including under s. 236.13 (2), for ownership or
20maintenance by the local governmental unit.
AB621-ASA2,14,2 21(8) Posting. A local governmental unit that has contracted for a project of
22public works shall post the prevailing wage rates determined by the department, the
23prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) in at least
24one conspicuous place on the site of the project that is easily accessible by employees

1working on the project, or, if there is no common site on the project, at the place
2normally used by the local governmental unit to post public notices.
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