This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB70-SSA2-SA1,113,149 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
10occupation engaged in the erection, construction, remodeling, repairing, or
11demolition of any project of public works in any area means the hourly basic rate of
12pay, plus the hourly contribution for health insurance benefits, vacation benefits,
13pension benefits, and any other bona fide economic benefit, paid directly or indirectly
14for a majority of the hours worked in the trade or occupation on projects in the area.
SB70-SSA2-SA1,113,2415 2. If there is no rate at which a majority of the hours worked in the trade or
16occupation on projects in the area is paid, “prevailing wage rate" for any trade or
17occupation engaged in the erection, construction, remodeling, repairing, or
18demolition of any project of public works in any area means the average hourly basic
19rate of pay, weighted by the number of hours worked, plus the average hourly
20contribution, weighted by the number of hours worked, for health insurance benefits,
21vacation benefits, pension benefits, and any other bona fide economic benefit, paid
22directly or indirectly for all hours worked at the hourly basic rate of pay of the
23highest-paid 51 percent of hours worked in that trade or occupation on projects in
24that area.
SB70-SSA2-SA1,114,3
1(em) “Single-trade project of public works" means a project of public works in
2which a single trade accounts for 85 percent or more of the total labor cost of the
3project.
SB70-SSA2-SA1,114,94 (f) “State agency" means any office, department, independent agency,
5institution of higher education, association, society, or other body in state
6government created or authorized to be created by the constitution or any law,
7including the legislature and the courts. “State agency" also includes the University
8of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
9Authority, and the Wisconsin Aerospace Authority.
SB70-SSA2-SA1,114,1410 (fm) “Supply and installation contract" means a contract under which the
11material is installed by the supplier, the material is installed by means of simple
12fasteners or connectors such as screws or nuts and bolts, and no other work is
13performed on the site of the project of public works, and the total labor cost to install
14the material does not exceed 20 percent of the total cost of the contract.
SB70-SSA2-SA1,114,1515 (g) “Truck driver" includes an owner-operator of a truck.
SB70-SSA2-SA1,114,18 16(1m) Applicability. Subject to sub. (3g), this section applies to any project of
17public works erected, constructed, repaired, remodeled, or demolished for the state
18or a state agency, including all of the following:
SB70-SSA2-SA1,114,2119 (a) A project erected, constructed, repaired, remodeled, or demolished by one
20state agency for another state agency under any contract or under any statute
21specifically authorizing cooperation between state agencies.
SB70-SSA2-SA1,114,2522 (b) A project in which the completed facility is leased, purchased, lease
23purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or
24a state agency contracting for the erection, construction, repair, remodeling, or
25demolition of the facility.
SB70-SSA2-SA1,115,3
1(c) A sanitary sewer or water main project in which the completed sanitary
2sewer or water main is acquired by, or dedicated to, the state for ownership or
3maintenance by the state.
SB70-SSA2-SA1,115,25 4(2) Prevailing wage rates and hours of labor. Any contract made for the
5erection, construction, remodeling, repairing, or demolition of any project of public
6works to which the state or any state agency is a party shall contain a stipulation that
7no individual performing the work described in sub. (2m) may be allowed to work a
8greater number of hours per day or per week than the prevailing hours of labor,
9except that any such individual may be allowed or required to work more than such
10prevailing hours of labor per day and per week if he or she is paid for all hours worked
11in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly
12basic rate of pay; nor may he or she be paid less than the prevailing wage rate
13determined under sub. (3) in the same or most similar trade or occupation in the area
14in which the project of public works is situated. The notice published for the purpose
15of securing bids for the project must contain a reference to the prevailing wage rates
16determined under sub. (3) and the prevailing hours of labor. Except as otherwise
17provided in this subsection, if any contract or subcontract for a project of public works
18that is subject to this section is entered into, the prevailing wage rates determined
19under sub. (3) and the prevailing hours of labor shall be physically incorporated into
20and made a part of the contract or subcontract. For a minor subcontract, as
21determined by the department, the department shall prescribe by rule the method
22of notifying the minor subcontractor of the prevailing wage rates and prevailing
23hours of labor applicable to the minor subcontract. The prevailing wage rates and
24prevailing hours of labor applicable to a contract or subcontract may not be changed
25during the time that the contract or subcontract is in force.
SB70-SSA2-SA1,116,6
1(2m) Covered employees. (a) Subject to par. (b), any person subject to this
2section shall pay all of the following employees the prevailing wage rate determined
3under sub. (3) and may not allow such employees to work a greater number of hours
4per day or per week than the prevailing hours of labor, unless the person pays for all
5hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
6the employees' hourly basic rate of pay:
SB70-SSA2-SA1,116,87 1. All laborers, workers, mechanics, and truck drivers employed on the site of
8a project of public works that is subject to this section.
SB70-SSA2-SA1,116,149 2. All laborers, workers, mechanics, and truck drivers employed in the
10manufacturing or furnishing of materials, articles, supplies, or equipment on the site
11of a project of public works that is subject to this section or from a facility dedicated
12exclusively, or nearly so, to a project of public works that is subject to this section by
13a contractor, subcontractor, agent, or other person performing any work on the site
14of the project.
SB70-SSA2-SA1,116,2215 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
16manufacture, pick up, or deliver materials or products from a commercial
17establishment that has a fixed place of business from which the establishment
18supplies processed or manufactured materials or products or from a facility that is
19not dedicated exclusively, or nearly so, to a project of public works that is subject to
20this section is not entitled to receive the prevailing wage rate determined under sub.
21(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
22worked in excess of the prevailing hours of labor unless any of the following applies:
SB70-SSA2-SA1,117,223 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
24of mineral aggregate such as sand, gravel, or stone and deliver that mineral
25aggregate to the site of a project of public works that is subject to this section by

1depositing the material directly in final place, from the transporting vehicle or
2through spreaders from the transporting vehicle.
SB70-SSA2-SA1,117,63 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
4of a project that is subject to this section, pick up excavated material or spoil from
5the site of the project of public works, and transport that excavated material or spoil
6away from the site of the project.
SB70-SSA2-SA1,117,97 (c) A person that is subject to this section shall pay a truck driver who is an
8owner-operator of a truck separately for his or her work and for the use of his or her
9truck.
SB70-SSA2-SA1,117,25 10(3) Investigation; determination. (a) Before a state agency issues a request
11for bids for any work to which this section applies, the state agency having the
12authority to prescribe the specifications shall apply to the department to determine
13the prevailing wage rate for each trade or occupation required in the work under
14contemplation in the area in which the work is to be done. The department shall
15conduct investigations and hold public hearings as necessary to define the trades or
16occupations that are commonly employed on projects that are subject to this section
17and to inform itself of the prevailing wage rates in all areas of the state for those
18trades or occupations, in order to determine the prevailing wage rate for each trade
19or occupation. The department shall issue its determination within 30 days after
20receiving the request and shall file the determination with the requesting state
21agency. A state agency that has contracted for a project of public works subject to this
22section shall post the prevailing wage rates determined by the department, the
23prevailing hours of labor, and the provisions of subs. (2) and (6m) in at least one
24conspicuous place on the site of the project that is easily accessible by employees
25working on the project.
SB70-SSA2-SA1,118,7
1(am) 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.
SB70-SSA2-SA1,118,168 (ar) In determining prevailing wage rates under par. (a) or (am), the
9department may not use data from projects that are subject to this section, s. 66.0903,
10103.50, or 229.8275, or 40 USC 3142 unless the department determines that there
11is insufficient wage data in the area to determine those prevailing wage rates, in
12which case the department may use data from projects that are subject to this
13section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining prevailing
14wage rates under par. (a) or (am), the department may not use data from any
15construction work performed by a state agency or a local governmental unit, as
16defined in s. 66.0903 (1) (d).
SB70-SSA2-SA1,118,2517 (b) Any person may request a recalculation of any portion of an initial
18determination within 30 days after the initial determination date if the person
19submits evidence with the request showing that the prevailing wage rate for any
20given trade or occupation included in the initial determination does not represent the
21prevailing wage rate for that trade or occupation in the area. The evidence shall
22include wage rate information reflecting work performed by individuals working in
23the contested trade or occupation in the area during the current survey period. The
24department shall affirm or modify the initial determination within 15 days after the
25date on which the department receives the request for recalculation.
SB70-SSA2-SA1,119,14
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 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 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 department
13shall affirm or modify the determination within 15 days after the date on which the
14department receives the request for review.
SB70-SSA2-SA1,119,15 15(3g) Nonapplicability. This section does not apply to any of the following:
SB70-SSA2-SA1,119,1816 (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.
SB70-SSA2-SA1,119,2219 (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, contractor's or subcontractor's agent, or individual for performing the
22work.
SB70-SSA2-SA1,119,2423 (c) Minor service or maintenance work, warranty work, or work under a supply
24and installation contract.
SB70-SSA2-SA1,119,2525 (f) A public highway, street, or bridge project.
SB70-SSA2-SA1,120,3
1(g) A project of public works involving the erection, construction, repair,
2remodeling, or demolition of a residential property containing 2 dwelling units or
3less.
SB70-SSA2-SA1,120,84 (h) A road, street, bridge, sanitary sewer, or water main project that is a part
5of a development in which not less than 90 percent of the lots contain or will contain
62 dwelling units or less, as determined by the local governmental unit at the time of
7approval of the development, and that, on completion, is acquired by, or dedicated to,
8the state for ownership or maintenance by the state.
SB70-SSA2-SA1,120,16 9(4r) Compliance. (a) When the department finds that a state agency has not
10requested a determination under sub. (3) (a) or that a state agency, contractor, or
11subcontractor has not physically incorporated a determination into a contract or
12subcontract as required under sub. (2) or has not notified a minor subcontractor of
13a determination in the manner prescribed by the department by rule promulgated
14under sub. (2), the department shall notify the state agency, contractor, or
15subcontractor of the noncompliance and shall file the determination with the state
16agency, contractor, or subcontractor within 30 days after the notice.
SB70-SSA2-SA1,120,2117 (b) Upon completion of a project of public works and before receiving final
18payment for his or her work on the project, each agent or subcontractor shall furnish
19the contractor with an affidavit stating that the agent or subcontractor has complied
20fully with the requirements of this section. A contractor may not authorize final
21payment until the affidavit is filed in proper form and order.
SB70-SSA2-SA1,121,1022 (c) Upon completion of a project of public works and before receiving final
23payment for his or her work on the project, each contractor shall file with the state
24agency authorizing the work an affidavit stating that the contractor has complied
25fully with the requirements of this section and that the contractor has received an

1affidavit under par. (b) from each of the contractor's agents and subcontractors. A
2state agency may not authorize a final payment until the affidavit is filed in proper
3form and order. If a state agency authorizes a final payment before an affidavit is
4filed in proper form and order or if the department determines, based on the greater
5weight of the credible evidence, that any person performing the work specified in sub.
6(2m) has been or may have been paid less than the prevailing wage rate or less than
71.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
8hours of labor and requests that the state agency withhold all or part of the final
9payment, but the state agency fails to do so, the state agency is liable for all back
10wages payable up to the amount of the final payment.
SB70-SSA2-SA1,121,16 11(5) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
12contractor's or subcontractor's agent that performs work on a project of public works
13that is subject to this section shall keep full and accurate records clearly indicating
14the name and trade or occupation of every individual performing the work described
15in sub. (2m) and an accurate record of the number of hours worked by each of those
16individuals and the actual wages paid for the hours worked.
SB70-SSA2-SA1,122,217 (b) The department shall enforce this section. The department may demand
18and examine, and every contractor, subcontractor, and contractor's and
19subcontractor's agent shall keep, and furnish upon request by the department,
20copies of payrolls and other records and information relating to the wages paid to
21individuals performing the work described in sub. (2m) for work to which this section
22applies. The department may inspect records in the manner provided in this chapter.
23Every contractor, subcontractor, or agent performing work on a project of public
24works that is subject to this section is subject to the requirements of this chapter
25relating to the examination of records. Section 111.322 (2m) applies to discharge and

1other discriminatory acts arising in connection with any proceeding under this
2section.
SB70-SSA2-SA1,122,153 (c) If requested by any person, the department shall inspect the payroll records
4of any contractor, subcontractor, or agent performing work on a project of public
5works that is subject to this section as provided in this paragraph to ensure
6compliance with this section. On receipt of such a request, the department shall
7request that the contractor, subcontractor, or agent submit to the department a
8certified record of the information specified in par. (a), other than personally
9identifiable information relating to an employee of the contractor, subcontractor, or
10agent, for no longer than a 4-week period. The department may request a contractor,
11subcontractor, or agent to submit those records no more than once per calendar
12quarter for each project of public works on which the contractor, subcontractor, or
13agent is performing work. The department may not charge a requester a fee for
14obtaining that information. Certified records submitted to the department under
15this paragraph are open for public inspection and copying under s. 19.35 (1).
SB70-SSA2-SA1,122,22 16(6m) Liability and penalties. (ag) 1. A contractor, subcontractor, or
17contractor's or subcontractor's agent who fails to pay the prevailing wage rate
18determined by the department under sub. (3) or who pays less than 1.5 times the
19hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
20is liable to any affected employee in the amount of his or her unpaid wages or his or
21her unpaid overtime compensation and in an additional amount as liquidated
22damages as provided in subd. 2. or 3., whichever is applicable.
SB70-SSA2-SA1,123,623 2. If the department determines upon inspection under sub. (5) (b) or (c) that
24a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
25the prevailing wage rate determined by the department under sub. (3) or has paid

1less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
2prevailing hours of labor, the department shall order the contractor to pay to any
3affected employee the amount of his or her unpaid wages or his or her unpaid
4overtime compensation and an additional amount equal to 100 percent of the amount
5of those unpaid wages or that unpaid overtime compensation as liquidated damages
6within a period specified by the department in the order.
SB70-SSA2-SA1,123,177 3. In addition to or in lieu of recovering the liability specified in subd. 1. as
8provided in subd. 2., any employee for and on behalf of that employee and other
9employees similarly situated may commence an action to recover that liability in any
10court of competent jurisdiction. If the court finds that a contractor, subcontractor,
11or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
12determined by the department under sub. (3) or has paid less than 1.5 times the
13hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
14the court shall order the contractor, subcontractor, or agent to pay to any affected
15employee the amount of his or her unpaid wages or his or her unpaid overtime
16compensation and an additional amount equal to 100 percent of the amount of those
17unpaid wages or that unpaid overtime compensation as liquidated damages.
SB70-SSA2-SA1,123,2218 5. No employee may be a party plaintiff to an action under subd. 3. unless the
19employee consents in writing to become a party and the consent is filed in the court
20in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
21addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
22and costs to be paid by the defendant.
SB70-SSA2-SA1,124,223 (am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor,
24or contractor's or subcontractor's agent who violates this section may be fined not

1more than $200 or imprisoned for not more than 6 months or both. Each day that
2a violation continues is a separate offense.
SB70-SSA2-SA1,124,113 (b) Whoever induces an individual who seeks to be or is employed on any project
4of public works that is subject to this section to give up, waive, or return any part of
5the wages to which the individual is entitled under the contract governing the
6project, or who reduces the hourly basic rate of pay normally paid to an individual
7for work on a project that is not subject to this section during a week in which the
8individual works both on a project of public works that is subject to this section and
9on a project that is not subject to this section, by threat not to employ, by threat of
10dismissal from employment, or by any other means is guilty of an offense under s.
11946.15 (1).
SB70-SSA2-SA1,124,2112 (c) Any individual who is employed on a project of public works that is subject
13to this section who knowingly allows a contractor, subcontractor, or contractor's or
14subcontractor's agent to pay him or her less than the prevailing wage rate set forth
15in the contract governing the project, who gives up, waives, or returns any part of the
16compensation to which he or she is entitled under the contract, or who gives up,
17waives, or returns any part of the compensation to which he or she is normally
18entitled for work on a project that is not subject to this section during a week in which
19the individual works both on a project of public works that is subject to this section
20and on a project that is not subject to this section, is guilty of an offense under s.
21946.15 (2).
SB70-SSA2-SA1,125,222 (d) Whoever induces any individual who seeks to be or is employed on any
23project of public works that is subject to this section to allow any part of the wages
24to which the individual is entitled under the contract governing the project to be
25deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless

1the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
2working on a project that is subject to 40 USC 3142.
SB70-SSA2-SA1,125,83 (e) Any individual who is employed on a project of public works that is subject
4to this section who knowingly allows any part of the wages to which he or she is
5entitled under the contract governing the project to be deducted from his or her pay
6is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed
7under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject
8to 40 USC 3142.
SB70-SSA2-SA1,125,119 (f) Paragraph (am) does not apply to any person who fails to provide any
10information to the department to assist the department in determining prevailing
11wage rates under sub. (3) (a) or (am).
SB70-SSA2-SA1,125,23 12(7) Debarment. (a) Except as provided under pars. (b) and (c), the department
13shall distribute to all state agencies a list of all persons that the department has
14found to have failed to pay the prevailing wage rate determined under sub. (3) or has
15found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
16in excess of the prevailing hours of labor at any time in the preceding 3 years. The
17department shall include with any name the address of the person and shall specify
18when the person failed to pay the prevailing wage rate and when the person paid less
19than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
20prevailing hours of labor. A state agency may not award any contract to the person
21unless otherwise recommended by the department or unless 3 years have elapsed
22from the date the department issued its findings or date of final determination by a
23court of competent jurisdiction, whichever is later.
SB70-SSA2-SA1,126,424 (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-SSA2-SA1,126,85 (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-SSA2-SA1,126,179 (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-SSA2-SA1,126,1818 (e) The department shall promulgate rules to administer this subsection.
SB70-SSA2-SA1,207 19Section 207. 103.50 of the statutes is created to read:
SB70-SSA2-SA1,126,20 20103.50 Highway contracts. (1) Definitions. In this section:
SB70-SSA2-SA1,127,221 (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-SSA2-SA1,127,33 (b) “Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
SB70-SSA2-SA1,127,44 (bg) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
SB70-SSA2-SA1,127,55 (c) “Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
SB70-SSA2-SA1,127,106 (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-SSA2-SA1,127,1711 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-SSA2-SA1,127,1818 (e) “Truck driver" has the meaning given in s. 103.49 (1) (g).
SB70-SSA2-SA1,127,22 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-SSA2-SA1,127,2523 (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-SSA2-SA1,128,5
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-SSA2-SA1,128,10 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-SSA2-SA1,128,16 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-SSA2-SA1,128,1817 1. All laborers, workers, mechanics, and truck drivers employed on the site of
18a project that is subject to this section.
SB70-SSA2-SA1,128,2319 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-SSA2-SA1,129,624 (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-SSA2-SA1,129,117 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-SSA2-SA1,129,1512 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-SSA2-SA1,129,1816 (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-SSA2-SA1,129,24 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-SSA2-SA1,130,12
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-SSA2-SA1,130,18 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-SSA2-SA1,130,22 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-SSA2-SA1,131,13 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-SSA2-SA1,131,17 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-SSA2-SA1,131,2518 (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-SSA2-SA1,132,9
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-SSA2-SA1,132,1510 (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-SSA2-SA1,132,2016 (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-SSA2-SA1,132,2321 (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-SSA2-SA1,133,8 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-SSA2-SA1,208 9Section 208. 103.503 (1) (a) of the statutes is amended to read:
SB70-SSA2-SA1,133,1510 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-SSA2-SA1,209 16Section 209. 103.503 (1) (e) of the statutes is amended to read:
SB70-SSA2-SA1,133,1917 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-SSA2-SA1,210 20Section 210. 103.503 (1) (g) of the statutes is repealed and recreated to read:
SB70-SSA2-SA1,133,2221 103.503 (1) (g) “Project of public works" means a project of public works that
22is subject to s. 66.0903 or 103.49.
Loading...
Loading...