Amendment AA1-SB70

SB70-AA1,132,24 (3) Investigations; determinations. The department shall conduct investigations and hold public hearings necessary to define the trades or occupations that are commonly employed in the highway construction industry and to inform the department of the prevailing wage rates in all areas of the state for those trades or occupations, in order to ascertain and determine the prevailing wage rates accordingly.

SB70-AA1,133,12 (4) Certification of prevailing wage rates. The department of workforce development shall, by May 1 of each year, certify to the department of transportation the prevailing wage rates in each area for all trades or occupations commonly employed in the highway construction industry. The certification shall, in addition to the current prevailing wage rates, include future prevailing wage rates when such prevailing wage rates can be determined for any such trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. The certification shall also include wage rates for work performed on Sundays or the holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day or night when work is performed. If a construction project extends into more than one area, the department shall determine only one standard of prevailing wage rates for the entire project.

SB70-AA1,133,18 (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).

SB70-AA1,133,22 (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.

SB70-AA1,134,13 (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.

SB70-AA1,134,17 (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.

SB70-AA1,134,25 (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).

SB70-AA1,135,9 (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).

SB70-AA1,135,15 (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.

SB70-AA1,135,20 (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.

SB70-AA1,135,23 (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).

SB70-AA1,136,8 (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.

SB70-AA1,221 Section 221. 103.503 (1) (a) of the statutes is amended to read:

SB70-AA1,136,15 103.503 (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.

SB70-AA1,222 Section 222. 103.503 (1) (e) of the statutes is amended to read:

SB70-AA1,136,19 103.503 (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.

SB70-AA1,223 Section 223. 103.503 (1) (g) of the statutes is repealed and recreated to read:

SB70-AA1,136,22 103.503 (1) (g) “Project of public works" means a project of public works that is subject to s. 66.0903 or 103.49.

SB70-AA1,224 Section 224. 103.503 (2) of the statutes is amended to read:

SB70-AA1,137,6 103.503 (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).

SB70-AA1,225 Section 225. 103.503 (3) (a) 2. of the statutes is amended to read:

SB70-AA1,137,15 103.503 (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.

SB70-AA1,226 Section 226. 104.001 (3) of the statutes is created to read:

SB70-AA1,137,21 104.001 (3) This section does not affect an ordinance that, subject to s. 66.0903, requires an employee of a city, village, town, or county, an employee who performs work under a contract for the provision of services to a city, village, town, or county, or an employee who performs work that is funded by financial assistance from a city, village, town, or county to be paid at a minimum wage rate specified in the ordinance.

SB70-AA1,227 Section 227. 104.001 (4) of the statutes is created to read:

SB70-AA1,138,2 104.001 (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.

SB70-AA1,228 Section 228. 104.01 (1h) of the statutes is created to read:

SB70-AA1,138,7 104.01 (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.

SB70-AA1,229 Section 229. 104.035 (1) (a) of the statutes is renumbered 104.035 (1) (a) (intro.) and amended to read:

SB70-AA1,138,11 104.035 (1) (a) Minimum rates. (intro.) Except as provided in subs. (2) to (8) (8m), the minimum wage is as follows:

SB70-AA1,138,13 1. For wages earned prior to the effective date of this subdivision .... [LRB inserts date], $7.25 per hour.

SB70-AA1,230 Section 230. 104.035 (1) (a) 2. of the statutes is created to read:

SB70-AA1,138,16 104.035 (1) (a) 2. For wages earned on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2025, $8.25 per hour.

SB70-AA1,231 Section 231. 104.035 (1) (a) 3. of the statutes is created to read:

SB70-AA1,138,19 104.035 (1) (a) 3. For wages earned on or after January 1, 2025, and prior to January 1, 2026, $9.25.

SB70-AA1,232 Section 232. 104.035 (1) (a) 4. of the statutes is created to read:

SB70-AA1,138,22 104.035 (1) (a) 4. For wages earned on or after January 1, 2026, and prior to January 1, 2027, $10.25.

SB70-AA1,233 Section 233. 104.035 (2) (a) of the statutes is renumbered 104.035 (2) (a) (intro.) and amended to read:

SB70-AA1,139,2 104.035 (2) (a) Minimum rates. (intro.) Except as provided in subs. (2m) to (8) (8m), the minimum wage for a minor employee is as follows:

SB70-AA1,139,4 1. For wages earned prior to the effective date of this subdivision .... [LRB inserts date], $7.25 per hour.

SB70-AA1,234 Section 234. 104.035 (2) (a) 2. of the statutes is created to read:

SB70-AA1,139,7 104.035 (2) (a) 2. For wages earned on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2025, $8.25 per hour.

SB70-AA1,235 Section 235. 104.035 (2) (a) 3. of the statutes is created to read:

SB70-AA1,139,10 104.035 (2) (a) 3. For wages earned on or after January 1, 2025, and prior to January 1, 2026, $9.25.

SB70-AA1,236 Section 236. 104.035 (2) (a) 4. of the statutes is created to read:

SB70-AA1,139,13 104.035 (2) (a) 4. For wages earned on or after January 1, 2026, and prior to January 1, 2027, $10.25.

SB70-AA1,237 Section 237. 104.035 (2m) (a) of the statutes is renumbered 104.035 (2m) (a) (intro.) and amended to read:

SB70-AA1,139,17 104.035 (2m) (a) Minimum rates. (intro.) Except as provided in subs. (3) to (8) (8m), the minimum wage for an opportunity employee is as follows:

SB70-AA1,139,19 1. For wages earned prior to the effective date of this subdivision .... [LRB inserts date], $5.90 per hour.

SB70-AA1,238 Section 238. 104.035 (2m) (a) 2. of the statutes is created to read:

SB70-AA1,139,22 104.035 (2m) (a) 2. For wages earned on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2025, $6.71 per hour.

SB70-AA1,239 Section 239. 104.035 (2m) (a) 3. of the statutes is created to read:

SB70-AA1,139,25 104.035 (2m) (a) 3. For wages earned on or after January 1, 2025, and prior to January 1, 2026, $7.52.

SB70-AA1,240 Section 240. 104.035 (2m) (a) 4. of the statutes is created to read:

SB70-AA1,140,3 104.035 (2m) (a) 4. For wages earned on or after January 1, 2026, and prior to January 1, 2027, $8.33.

SB70-AA1,241 Section 241. 104.035 (3) (a) (intro.) of the statutes is amended to read:

SB70-AA1,140,10 104.035 (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:

SB70-AA1,242 Section 242. 104.035 (3) (a) 1. of the statutes is amended to read:

SB70-AA1,140,14 104.035 (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.

SB70-AA1,243 Section 243. 104.035 (3) (a) 1d. of the statutes is created to read:

SB70-AA1,140,18 104.035 (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, 2025, $2.65 per hour.

SB70-AA1,244 Section 244. 104.035 (3) (a) 1h. of the statutes is created to read:

SB70-AA1,140,22 104.035 (3) (a) 1h. For wages earned by a tipped employee who is not an opportunity employee, on or after January 1, 2025, and prior to January 1, 2026, $2.97 per hour.

SB70-AA1,245 Section 245. 104.035 (3) (a) 1p. of the statutes is created to read:

SB70-AA1,141,3 104.035 (3) (a) 1p. For wages earned by a tipped employee who is not an opportunity employee, on or after January 1, 2026, and prior to January 1, 2027, $3.29 per hour.

SB70-AA1,246 Section 246. 104.035 (3) (a) 2. of the statutes is amended to read:

SB70-AA1,141,7 104.035 (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.

SB70-AA1,247 Section 247. 104.035 (3) (a) 2d. of the statutes is created to read:

SB70-AA1,141,11 104.035 (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, 2025, $2.42 per hour.

SB70-AA1,248 Section 248. 104.035 (3) (a) 2h. of the statutes is created to read:

SB70-AA1,141,15 104.035 (3) (a) 2h. For wages earned by a tipped employee who is an opportunity employee, on or after January 1, 2025, and prior to January 1, 2026, $2.71 per hour.

SB70-AA1,249 Section 249. 104.035 (3) (a) 2p. of the statutes is created to read:

SB70-AA1,141,19 104.035 (3) (a) 2p. For wages earned by a tipped employee who is an opportunity employee, on or after January 1, 2026, and prior to January 1, 2027, $3.00 per hour.

SB70-AA1,250 Section 250. 104.035 (4) (a) of the statutes is renumbered 104.035 (4) (a) (intro.) and amended to read:

SB70-AA1,141,23 104.035 (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:

SB70-AA1,141,25 1. For wages earned prior to the effective date of this subdivision .... [LRB inserts date], $7.25 per hour.

SB70-AA1,251 Section 251. 104.035 (4) (a) 2. of the statutes is created to read:

SB70-AA1,142,3 104.035 (4) (a) 2. For wages earned on or after the effective date of this subdivision .... [LRB inserts date], and prior to January 1, 2025, $8.25 per hour.

SB70-AA1,252 Section 252. 104.035 (4) (a) 3. of the statutes is created to read:

SB70-AA1,142,6 104.035 (4) (a) 3. For wages earned on or after January 1, 2025, and prior to January 1, 2026, $9.25 per hour.

SB70-AA1,253 Section 253. 104.035 (4) (a) 4. of the statutes is created to read:

SB70-AA1,142,9 104.035 (4) (a) 4. For wages earned on or after January 1, 2026, and prior to January 1, 2027, $10.25 per hour.

SB70-AA1,254 Section 254. 104.035 (5) of the statutes is renumbered 104.035 (5) (intro.) and amended to read:

SB70-AA1,142,14 104.035 (5) Camp counselors. (intro.) The Except as provided in sub. (8m), the minimum wage for a counselor at a seasonal recreational or educational camp, including a day camp, is as follows:

SB70-AA1,142,17 (a) Prior to the effective date of this paragraph .... [LRB inserts date], $350 per week if meals and lodging are not furnished, $265 per week if only meals are furnished, and $210 per week if both meals and lodging are furnished.

SB70-AA1,255 Section 255. 104.035 (5) (b) of the statutes is created to read:

SB70-AA1,142,22 104.035 (5) (b) On or after the effective date of this paragraph .... [LRB inserts date], and prior to January 1, 2025, $398.28 per week if meals and lodging are not furnished, $301.55 per week if only meals are furnished, and $238.97 per week if both meals and lodging are furnished.

SB70-AA1,256 Section 256. 104.035 (5) (c) of the statutes is created to read:

SB70-AA1,143,3 104.035 (5) (c) On or after January 1, 2025, and prior to January 1, 2026, $446.56 per week if meals and lodging are not furnished, $338.50 per week if only meals are furnished, and $267.94 per week if both meals and lodging are furnished.