This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB70-AA1,129,424 (b) The department may not include in a notification under par. (a) the name
25of any person on the basis of having subcontracted a contract for a project of public

1works to a person that the department has found to have failed to pay the prevailing
2wage rate determined under sub. (3) or has found to have paid less than 1.5 times
3the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
4labor.
SB70-AA1,129,85 (c) This subsection does not apply to any contractor, subcontractor, or agent
6who in good faith commits a minor violation of this section, as determined on a
7case-by-case basis through administrative hearings with all rights to due process
8afforded to all parties or who has not exhausted or waived all appeals.
SB70-AA1,129,179 (d) Any person submitting a bid on a project of public works that is subject to
10this section shall, on the date the person submits the bid, identify any construction
11business in which the person, or a shareholder, officer, or partner of the person if the
12person is a business, owns or has owned at least a 25 percent interest on the date the
13person submits the bid or at any other time within 3 years preceding the date the
14person submits the bid, if the business has been found to have failed to pay the
15prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
16the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
17labor.
SB70-AA1,129,1818 (e) The department shall promulgate rules to administer this subsection.
SB70-AA1,220 19Section 220. 103.50 of the statutes is created to read:
SB70-AA1,129,20 20103.50 Highway contracts. (1) Definitions. In this section:
SB70-AA1,130,221 (a) “Area" means the county in which a proposed project that is subject to this
22section is located or, if the department determines that there is insufficient wage
23data in that county, “area" means those counties that are contiguous to that county
24or, if the department determines that there is insufficient wage data in those
25counties, “area" means those counties that are contiguous to those counties or, if the

1department determines that there is insufficient wage data in those counties, “area"
2means the entire state.
SB70-AA1,130,33 (b) “Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
SB70-AA1,130,44 (bg) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
SB70-AA1,130,55 (c) “Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
SB70-AA1,130,106 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
7occupation in any area means the hourly basic rate of pay, plus the hourly
8contribution for health insurance benefits, vacation benefits, pension benefits, and
9any other bona fide economic benefit, paid directly or indirectly, for a majority of the
10hours worked in the trade or occupation in the area.
SB70-AA1,130,1711 2. If there is no rate at which a majority of the hours worked in the trade or
12occupation in the area is paid, “prevailing wage rate" means the average hourly basic
13rate of pay, weighted by the number of hours worked, plus the average hourly
14contribution, weighted by the number of hours worked, for health insurance benefits,
15vacation benefits, pension benefits, and any other bona fide economic benefit, paid
16directly or indirectly for all hours worked at the hourly basic rate of pay of the
17highest-paid 51 percent of hours worked in that trade or occupation in that area.
SB70-AA1,130,1818 (e) “Truck driver" has the meaning given in s. 103.49 (1) (g).
SB70-AA1,130,22 19(2) Prevailing wage rates and hours of labor. No contractor, subcontractor,
20agent, or other person performing any work on a project under a contract based on
21bids as provided in s. 84.06 (2) to which the state is a party for the construction or
22improvement of any highway may do any of the following:
SB70-AA1,130,2523 (a) Pay an individual performing the work described in sub. (2m) less than the
24prevailing wage rate in the area in which the work is to be done determined under
25sub. (3).
SB70-AA1,131,5
1(b) Allow an individual performing the work described in sub. (2m) to work a
2greater number of hours per day or per week than the prevailing hours of labor,
3unless the contractor, subcontractor, or contractor's or subcontractor's agent pays
4the individual for all hours worked in excess of the prevailing hours of labor at a rate
5of at least 1.5 times the individual's hourly basic rate of pay.
SB70-AA1,131,10 6(2g) Nonapplicability. This section does not apply to a single-trade project of
7public works, as defined in s. 103.49 (1) (em), for which the estimated project cost of
8completion is less than $48,000 or a multiple-trade project of public works, as
9defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less
10than $100,000.
SB70-AA1,131,16 11(2m) Covered employees. (a) Subject to par. (b), any person subject to this
12section shall pay all of the following employees the prevailing wage rate determined
13under sub. (3) and may not allow such employees to work a greater number of hours
14per day or per week than the prevailing hours of labor, unless the person pays for all
15hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
16the employees' hourly basic rate of pay:
SB70-AA1,131,1817 1. All laborers, workers, mechanics, and truck drivers employed on the site of
18a project that is subject to this section.
SB70-AA1,131,2319 2. All laborers, workers, mechanics, and truck drivers employed in the
20manufacturing or furnishing of materials, articles, supplies, or equipment on the site
21of a project that is subject to this section or from a facility dedicated exclusively, or
22nearly so, to a project that is subject to this section by a contractor, subcontractor,
23agent, or other person performing any work on the site of the project.
SB70-AA1,132,624 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
25manufacture, pick up, or deliver materials or products from a commercial

1establishment that has a fixed place of business from which the establishment
2supplies processed or manufactured materials or products or from a facility that is
3not dedicated exclusively, or nearly so, to a project that is subject to this section is not
4entitled to receive the prevailing wage rate determined under sub. (3) or to receive
5at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess
6of the prevailing hours of labor unless any of the following applies:
SB70-AA1,132,117 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
8of mineral aggregate such as sand, gravel, or stone and deliver that mineral
9aggregate to the site of a project that is subject to this section by depositing the
10material directly in final place, from the transporting vehicle or through spreaders
11from the transporting vehicle.
SB70-AA1,132,1512 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
13of a project that is subject to this section, pick up excavated material or spoil from
14the site of the project, and transport that excavated material or spoil away from the
15site of the project and return to the site of the project.
SB70-AA1,132,1816 (c) A contractor, subcontractor, agent, or other person performing work on a
17project subject to this section shall pay a truck driver who is an owner-operator of
18a truck separately for his or her work and for the use of his or her truck.
SB70-AA1,132,24 19(3) Investigations; determinations. The department shall conduct
20investigations and hold public hearings necessary to define the trades or occupations
21that are commonly employed in the highway construction industry and to inform the
22department of the prevailing wage rates in all areas of the state for those trades or
23occupations, in order to ascertain and determine the prevailing wage rates
24accordingly.
SB70-AA1,133,12
1(4) Certification of prevailing wage rates. The department of workforce
2development shall, by May 1 of each year, certify to the department of transportation
3the prevailing wage rates in each area for all trades or occupations commonly
4employed in the highway construction industry. The certification shall, in addition
5to the current prevailing wage rates, include future prevailing wage rates when such
6prevailing wage rates can be determined for any such trade or occupation in any area
7and shall specify the effective date of those future prevailing wage rates. The
8certification shall also include wage rates for work performed on Sundays or the
9holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day
10or night when work is performed. If a construction project extends into more than
11one area, the department shall determine only one standard of prevailing wage rates
12for the entire project.
SB70-AA1,133,18 13(4m) Wage rate data. In determining prevailing wage rates for projects that
14are subject to this section, the department shall use data from projects that are
15subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining
16prevailing wage rates for those projects, the department may not use data from any
17construction work that is performed by a state agency or a local governmental unit,
18as defined in s. 66.0903 (1) (d).
SB70-AA1,133,22 19(5) Appeals to governor. If the department of transportation considers any
20determination of the department of workforce development of the prevailing wage
21rates in an area to be incorrect, it may appeal to the governor, whose determination
22is final.
SB70-AA1,134,13 23(6) Contents of contracts. The department of transportation shall include
24a reference to the prevailing wage rates determined under sub. (3) and the prevailing
25hours of labor in the notice published for the purpose of securing bids for a project.

1Except as otherwise provided in this subsection, if any contract or subcontract for a
2project that is subject to this section is entered into, the prevailing wage rates
3determined under sub. (3) and the prevailing hours of labor shall be physically
4incorporated into and made a part of the contract or subcontract. For a minor
5subcontract, as determined by the department of workforce development, that
6department shall prescribe by rule the method of notifying the minor subcontractor
7of the prevailing wage rates and prevailing hours of labor applicable to the minor
8subcontract. The prevailing wage rates and prevailing hours of labor applicable to
9a contract or subcontract may not be changed during the time that the contract or
10subcontract is in force. The department of transportation shall post the prevailing
11wage rates determined by the department, the prevailing hours of labor, and the
12provisions of subs. (2) and (7) in at least one conspicuous place that is easily
13accessible to the employees on the site of the project.
SB70-AA1,134,17 14(7) Penalties. (a) Except as provided in pars. (b), (d), and (f), any contractor,
15subcontractor, or contractor's or subcontractor's agent who violates this section may
16be fined not more than $200 or imprisoned for not more than 6 months or both. Each
17day that a violation continues is a separate offense.
SB70-AA1,134,2518 (b) Whoever induces any individual who seeks to be or is employed on any
19project that is subject to this section to give up, waive, or return any part of the wages
20to which the individual is entitled under the contract governing the project, or who
21reduces the hourly basic rate of pay normally paid to an individual for work on a
22project that is not subject to this section during a week in which the individual works
23both on a project that is subject to this section and on a project that is not subject to
24this section, by threat not to employ, by threat of dismissal from employment, or by
25any other means is guilty of an offense under s. 946.15 (1).
SB70-AA1,135,9
1(c) Any individual employed on a project that is subject to this section who
2knowingly allows a contractor, subcontractor, or contractor's or subcontractor's
3agent to pay him or her less than the prevailing wage rate set forth in the contract
4governing the project, who gives up, waives, or returns any part of the compensation
5to which he or she is entitled under the contract, or who gives up, waives, or returns
6any part of the compensation to which he or she is normally entitled for work on a
7project that is not subject to this section during a week in which the individual works
8both on a project that is subject to this section and on a project that is not subject to
9this section, is guilty of an offense under s. 946.15 (2).
SB70-AA1,135,1510 (d) Whoever induces any individual who seeks to be or is employed on any
11project that is subject to this section to allow any part of the wages to which the
12individual is entitled under the contract governing the project to be deducted from
13the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction
14would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a
15project that is subject to 40 USC 3142.
SB70-AA1,135,2016 (e) Any individual employed on a project that is subject to this section who
17knowingly allows any part of the wages to which he or she is entitled under the
18contract governing the project to be deducted from his or her pay is guilty of an
19offense under s. 946.15 (4), unless the deduction would be allowed under 29 CFR 3.5
20or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.
SB70-AA1,135,2321 (f) Paragraph (a) does not apply to any individual who fails to provide any
22information to the department to assist the department in determining prevailing
23wage rates under sub. (3) or (4).
SB70-AA1,136,8 24(8) Enforcement and prosecution. The department of transportation shall
25require adherence to subs. (2), (2m), and (6). The department of transportation may

1demand and examine, and every contractor, subcontractor, and contractor's or
2subcontractor's agent shall keep and furnish upon request by the department of
3transportation, copies of payrolls and other records and information relating to
4compliance with this section. Upon request of the department of transportation or
5upon complaint of alleged violation, the district attorney of the county in which the
6work is located shall investigate as necessary and prosecute violations in a court of
7competent jurisdiction. Section 111.322 (2m) applies to discharge and other
8discriminatory acts arising in connection with any proceeding under this section.
SB70-AA1,221 9Section 221. 103.503 (1) (a) of the statutes is amended to read:
SB70-AA1,136,1510 103.503 (1) (a) “Accident" means an incident caused, contributed to, or
11otherwise involving an employee that resulted or could have resulted in death,
12personal injury, or property damage and that occurred while the employee was
13performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m),
142015 stats.,
on a project of public works or while the employee was performing work
15on a public utility project.
SB70-AA1,222 16Section 222. 103.503 (1) (e) of the statutes is amended to read:
SB70-AA1,136,1917 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver
18who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49
19(2m), 2015 stats., on a project of public works or on a public utility project.
SB70-AA1,223 20Section 223. 103.503 (1) (g) of the statutes is repealed and recreated to read:
SB70-AA1,136,2221 103.503 (1) (g) “Project of public works" means a project of public works that
22is subject to s. 66.0903 or 103.49.
SB70-AA1,224 23Section 224. 103.503 (2) of the statutes is amended to read:
SB70-AA1,137,624 103.503 (2) Substance abuse prohibited. No employee may use, possess,
25attempt to possess, distribute, deliver, or be under the influence of a drug, or use or

1be under the influence of alcohol, while performing the work described in s. 66.0903
2(4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or
3while performing work on a public utility project. An employee is considered to be
4under the influence of alcohol for purposes of this subsection if he or she has an
5alcohol concentration that is equal to or greater than the amount specified in s.
6885.235 (1g) (d).
SB70-AA1,225 7Section 225. 103.503 (3) (a) 2. of the statutes is amended to read:
SB70-AA1,137,158 103.503 (3) (a) 2. A requirement that employees performing the work described
9in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of
10public works or performing work on a public utility project submit to random,
11reasonable suspicion, and post-accident drug and alcohol testing and to drug and
12alcohol testing before commencing work on the project, except that testing of an
13employee before commencing work on a project is not required if the employee has
14been participating in a random testing program during the 90 days preceding the
15date on which the employee commenced work on the project.
SB70-AA1,226 16Section 226. 104.001 (3) of the statutes is created to read:
SB70-AA1,137,2117 104.001 (3) This section does not affect an ordinance that, subject to s. 66.0903,
18requires an employee of a city, village, town, or county, an employee who performs
19work under a contract for the provision of services to a city, village, town, or county,
20or an employee who performs work that is funded by financial assistance from a city,
21village, town, or county to be paid at a minimum wage rate specified in the ordinance.
SB70-AA1,227 22Section 227. 104.001 (4) of the statutes is created to read:
SB70-AA1,138,223 104.001 (4) This section does not affect the requirement that employees
24employed on a public works project contracted for by a city, village, town, or county

1be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required under
2s. 66.0903.
SB70-AA1,228 3Section 228. 104.01 (1h) of the statutes is created to read:
SB70-AA1,138,74 104.01 (1h) “Consumer price index” means the average of the consumer price
5index over each 12-month period for all urban consumers, U.S. city average, all
6items, not seasonally adjusted, as determined by the bureau of labor statistics of the
7U.S. department of labor.
SB70-AA1,229 8Section 229. 104.035 (1) (a) of the statutes is renumbered 104.035 (1) (a)
9(intro.) and amended to read:
SB70-AA1,138,1110 104.035 (1) (a) Minimum rates. (intro.) Except as provided in subs. (2) to (8)
11(8m), the minimum wage is as follows:
SB70-AA1,138,13 121. For wages earned prior to the effective date of this subdivision .... [LRB
13inserts date],
$7.25 per hour.
SB70-AA1,230 14Section 230. 104.035 (1) (a) 2. of the statutes is created to read:
SB70-AA1,138,1615 104.035 (1) (a) 2. For wages earned on or after the effective date of this
16subdivision .... [LRB inserts date], and prior to January 1, 2025, $8.25 per hour.
SB70-AA1,231 17Section 231. 104.035 (1) (a) 3. of the statutes is created to read:
SB70-AA1,138,1918 104.035 (1) (a) 3. For wages earned on or after January 1, 2025, and prior to
19January 1, 2026, $9.25.
SB70-AA1,232 20Section 232. 104.035 (1) (a) 4. of the statutes is created to read:
SB70-AA1,138,2221 104.035 (1) (a) 4. For wages earned on or after January 1, 2026, and prior to
22January 1, 2027, $10.25.
SB70-AA1,233 23Section 233. 104.035 (2) (a) of the statutes is renumbered 104.035 (2) (a)
24(intro.) and amended to read:
SB70-AA1,139,2
1104.035 (2) (a) Minimum rates. (intro.) Except as provided in subs. (2m) to (8)
2(8m), the minimum wage for a minor employee is as follows:
SB70-AA1,139,4 31. For wages earned prior to the effective date of this subdivision .... [LRB
4inserts date],
$7.25 per hour.
SB70-AA1,234 5Section 234. 104.035 (2) (a) 2. of the statutes is created to read:
SB70-AA1,139,76 104.035 (2) (a) 2. For wages earned on or after the effective date of this
7subdivision .... [LRB inserts date], and prior to January 1, 2025, $8.25 per hour.
SB70-AA1,235 8Section 235. 104.035 (2) (a) 3. of the statutes is created to read:
SB70-AA1,139,109 104.035 (2) (a) 3. For wages earned on or after January 1, 2025, and prior to
10January 1, 2026, $9.25.
SB70-AA1,236 11Section 236. 104.035 (2) (a) 4. of the statutes is created to read:
SB70-AA1,139,1312 104.035 (2) (a) 4. For wages earned on or after January 1, 2026, and prior to
13January 1, 2027, $10.25.
SB70-AA1,237 14Section 237. 104.035 (2m) (a) of the statutes is renumbered 104.035 (2m) (a)
15(intro.) and amended to read:
SB70-AA1,139,1716 104.035 (2m) (a) Minimum rates. (intro.) Except as provided in subs. (3) to (8)
17(8m), the minimum wage for an opportunity employee is as follows:
SB70-AA1,139,19 181. For wages earned prior to the effective date of this subdivision .... [LRB
19inserts date],
$5.90 per hour.
SB70-AA1,238 20Section 238. 104.035 (2m) (a) 2. of the statutes is created to read:
SB70-AA1,139,2221 104.035 (2m) (a) 2. For wages earned on or after the effective date of this
22subdivision .... [LRB inserts date], and prior to January 1, 2025, $6.71 per hour.
SB70-AA1,239 23Section 239. 104.035 (2m) (a) 3. of the statutes is created to read:
SB70-AA1,139,2524 104.035 (2m) (a) 3. For wages earned on or after January 1, 2025, and prior to
25January 1, 2026, $7.52.
SB70-AA1,240
1Section 240. 104.035 (2m) (a) 4. of the statutes is created to read:
SB70-AA1,140,32 104.035 (2m) (a) 4. For wages earned on or after January 1, 2026, and prior to
3January 1, 2027, $8.33.
SB70-AA1,241 4Section 241. 104.035 (3) (a) (intro.) of the statutes is amended to read:
SB70-AA1,140,105 104.035 (3) (a) Minimum rates. (intro.) Except as provided in subs. (4) to (8)
6(8m), if an employer of a tipped employee establishes by the employer's payroll
7records that, when adding the tips received by the tipped employee in a week to the
8wages paid to the tipped employee in that week, the tipped employee receives not less
9than the applicable minimum wage specified in sub. (1), (2), or (2m), the minimum
10wage for the tipped employee is as follows:
SB70-AA1,242 11Section 242. 104.035 (3) (a) 1. of the statutes is amended to read:
SB70-AA1,140,1412 104.035 (3) (a) 1. For wages earned by a tipped employee who is not an
13opportunity employee prior to the effective date of this subdivision .... [LRB inserts
14date]
, $2.33 per hour.
SB70-AA1,243 15Section 243. 104.035 (3) (a) 1d. of the statutes is created to read:
SB70-AA1,140,1816 104.035 (3) (a) 1d. For wages earned by a tipped employee who is not an
17opportunity employee, on or after the effective date of this subdivision .... [LRB
18inserts date], and prior to January 1, 2025, $2.65 per hour.
SB70-AA1,244 19Section 244. 104.035 (3) (a) 1h. of the statutes is created to read:
SB70-AA1,140,2220 104.035 (3) (a) 1h. For wages earned by a tipped employee who is not an
21opportunity employee, on or after January 1, 2025, and prior to January 1, 2026,
22$2.97 per hour.
SB70-AA1,245 23Section 245. 104.035 (3) (a) 1p. of the statutes is created to read:
SB70-AA1,141,3
1104.035 (3) (a) 1p. For wages earned by a tipped employee who is not an
2opportunity employee, on or after January 1, 2026, and prior to January 1, 2027,
3$3.29 per hour.
Loading...
Loading...