AB50,883,1810(ar) In determining prevailing wage rates under par. (a) or (am), the 11department may not use data from projects that are subject to this section, s. 1266.0903, 103.50, or 229.8275, or 40 USC 3142 unless the department determines 13that there is insufficient wage data in the area to determine those prevailing wage 14rates, in which case the department may use data from projects that are subject to 15this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining 16prevailing wage rates under par. (a) or (am), the department may not use data from 17any construction work performed by a state agency or a local governmental unit, as 18defined in s. 66.0903 (1) (d). AB50,884,419(b) Any person may request a recalculation of any portion of an initial 20determination within 30 days after the initial determination date if the person 21submits evidence with the request showing that the prevailing wage rate for any 22given trade or occupation included in the initial determination does not represent 23the prevailing wage rate for that trade or occupation in the area. The evidence shall
1include wage rate information reflecting work performed by individuals working in 2the contested trade or occupation in the area during the current survey period. The 3department shall affirm or modify the initial determination within 15 days after 4the date on which the department receives the request for recalculation. AB50,884,185(c) In addition to the recalculation under par. (b), the state agency that 6requested the determination under this subsection may request a review of any 7portion of a determination within 30 days after the date of issuance of the 8determination if the state agency submits evidence with the request showing that 9the prevailing wage rate for any given trade or occupation included in the 10determination does not represent the prevailing wage rate for that trade or 11occupation in the city, village, or town in which the proposed project of public works 12is located. That evidence shall include wage rate information for the contested 13trade or occupation on at least 3 similar projects located in the city, village, or town 14where the proposed project of public works is located on which some work has been 15performed during the current survey period and that were considered by the 16department in issuing its most recent compilation under par. (am). The 17department shall affirm or modify the determination within 15 days after the date 18on which the department receives the request for review. AB50,884,1919(3g) Nonapplicability. This section does not apply to any of the following: AB50,884,2220(a) A single-trade project of public works for which the estimated project cost 21of completion is less than $48,000 or a multiple-trade project of public works for 22which the estimated project cost of completion is less than $100,000. AB50,885,323(b) Work performed on a project of public works for which the state or the state
1agency contracting for the project is not required to compensate any contractor, 2subcontractor, contractor’s or subcontractor’s agent, or individual for performing 3the work. AB50,885,54(c) Minor service or maintenance work, warranty work, or work under a 5supply and installation contract. AB50,885,66(f) A public highway, street, or bridge project. AB50,885,97(g) A project of public works involving the erection, construction, repair, 8remodeling, or demolition of a residential property containing 2 dwelling units or 9less. AB50,885,1410(h) A road, street, bridge, sanitary sewer, or water main project that is a part 11of a development in which not less than 90 percent of the lots contain or will contain 122 dwelling units or less, as determined by the local governmental unit at the time of 13approval of the development, and that, on completion, is acquired by, or dedicated 14to, the state for ownership or maintenance by the state. AB50,885,2215(4r) Compliance. (a) When the department finds that a state agency has not 16requested a determination under sub. (3) (a) or that a state agency, contractor, or 17subcontractor has not physically incorporated a determination into a contract or 18subcontract as required under sub. (2) or has not notified a minor subcontractor of 19a determination in the manner prescribed by the department by rule promulgated 20under sub. (2), the department shall notify the state agency, contractor, or 21subcontractor of the noncompliance and shall file the determination with the state 22agency, contractor, or subcontractor within 30 days after the notice. AB50,886,423(b) Upon completion of a project of public works and before receiving final
1payment for his or her work on the project, each agent or subcontractor shall 2furnish the contractor with an affidavit stating that the agent or subcontractor has 3complied fully with the requirements of this section. A contractor may not 4authorize final payment until the affidavit is filed in proper form and order. AB50,886,185(c) Upon completion of a project of public works and before receiving final 6payment for his or her work on the project, each contractor shall file with the state 7agency authorizing the work an affidavit stating that the contractor has complied 8fully with the requirements of this section and that the contractor has received an 9affidavit under par. (b) from each of the contractor’s agents and subcontractors. A 10state agency may not authorize a final payment until the affidavit is filed in proper 11form and order. If a state agency authorizes a final payment before an affidavit is 12filed in proper form and order or if the department determines, based on the 13greater weight of the credible evidence, that any person performing the work 14specified in sub. (2m) has been or may have been paid less than the prevailing wage 15rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess 16of the prevailing hours of labor and requests that the state agency withhold all or 17part of the final payment, but the state agency fails to do so, the state agency is 18liable for all back wages payable up to the amount of the final payment. AB50,887,219(5) Records; inspection; enforcement. (a) Each contractor, subcontractor, 20or contractor’s or subcontractor’s agent that performs work on a project of public 21works that is subject to this section shall keep full and accurate records clearly 22indicating the name and trade or occupation of every individual performing the
1work described in sub. (2m) and an accurate record of the number of hours worked 2by each of those individuals and the actual wages paid for the hours worked. AB50,887,133(b) The department shall enforce this section. The department may demand 4and examine, and every contractor, subcontractor, and contractor’s and 5subcontractor’s agent shall keep, and furnish upon request by the department, 6copies of payrolls and other records and information relating to the wages paid to 7individuals performing the work described in sub. (2m) for work to which this 8section applies. The department may inspect records in the manner provided in 9this chapter. Every contractor, subcontractor, or agent performing work on a project 10of public works that is subject to this section is subject to the requirements of this 11chapter relating to the examination of records. Section 111.322 (2m) applies to 12discharge and other discriminatory acts arising in connection with any proceeding 13under this section. AB50,888,414(c) If requested by any person, the department shall inspect the payroll 15records of any contractor, subcontractor, or agent performing work on a project of 16public works that is subject to this section as provided in this paragraph to ensure 17compliance with this section. On receipt of such a request, the department shall 18request that the contractor, subcontractor, or agent submit to the department a 19certified record of the information specified in par. (a), other than personally 20identifiable information relating to an employee of the contractor, subcontractor, or 21agent, for no longer than a 4-week period. The department may request a 22contractor, subcontractor, or agent to submit those records no more than once per 23calendar quarter for each project of public works on which the contractor,
1subcontractor, or agent is performing work. The department may not charge a 2requester a fee for obtaining that information. Certified records submitted to the 3department under this paragraph are open for public inspection and copying under 4s. 19.35 (1). AB50,888,115(6m) Liability and penalties. (ag) 1. A contractor, subcontractor, or 6contractor’s or subcontractor’s agent who fails to pay the prevailing wage rate 7determined by the department under sub. (3) or who pays less than 1.5 times the 8hourly basic rate of pay for all hours worked in excess of the prevailing hours of 9labor is liable to any affected employee in the amount of his or her unpaid wages or 10his or her unpaid overtime compensation and in an additional amount as liquidated 11damages as provided in subd. 2. or 3., whichever is applicable. AB50,888,20122. If the department determines upon inspection under sub. (5) (b) or (c) that 13a contractor, subcontractor, or contractor’s or subcontractor’s agent has failed to 14pay the prevailing wage rate determined by the department under sub. (3) or has 15paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of 16the prevailing hours of labor, the department shall order the contractor to pay to 17any affected employee the amount of his or her unpaid wages or his or her unpaid 18overtime compensation and an additional amount equal to 100 percent of the 19amount of those unpaid wages or that unpaid overtime compensation as liquidated 20damages within a period specified by the department in the order. AB50,889,9213. In addition to or in lieu of recovering the liability specified in subd. 1. as 22provided in subd. 2., any employee for and on behalf of that employee and other 23employees similarly situated may commence an action to recover that liability in
1any court of competent jurisdiction. If the court finds that a contractor, 2subcontractor, or contractor’s or subcontractor’s agent has failed to pay the 3prevailing wage rate determined by the department under sub. (3) or has paid less 4than 1.5 times the hourly basic rate of pay for all hours worked in excess of the 5prevailing hours of labor, the court shall order the contractor, subcontractor, or 6agent to pay to any affected employee the amount of his or her unpaid wages or his 7or her unpaid overtime compensation and an additional amount equal to 100 8percent of the amount of those unpaid wages or that unpaid overtime compensation 9as liquidated damages. AB50,889,14105. No employee may be a party plaintiff to an action under subd. 3. unless the 11employee consents in writing to become a party and the consent is filed in the court 12in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in 13addition to any judgment awarded to the plaintiff, allow reasonable attorney fees 14and costs to be paid by the defendant. AB50,889,1815(am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor, 16or contractor’s or subcontractor’s agent who violates this section may be fined not 17more than $200 or imprisoned for not more than 6 months or both. Each day that a 18violation continues is a separate offense. AB50,890,419(b) Whoever induces an individual who seeks to be or is employed on any 20project of public works that is subject to this section to give up, waive, or return any 21part of the wages to which the individual is entitled under the contract governing 22the project, or who reduces the hourly basic rate of pay normally paid to an 23individual for work on a project that is not subject to this section during a week in
1which the individual works both on a project of public works that is subject to this 2section and on a project that is not subject to this section, by threat not to employ, by 3threat of dismissal from employment, or by any other means is guilty of an offense 4under s. 946.15 (1). AB50,890,145(c) Any individual who is employed on a project of public works that is subject 6to this section who knowingly allows a contractor, subcontractor, or contractor’s or 7subcontractor’s agent to pay him or her less than the prevailing wage rate set forth 8in the contract governing the project, who gives up, waives, or returns any part of 9the compensation to which he or she is entitled under the contract, or who gives up, 10waives, or returns any part of the compensation to which he or she is normally 11entitled for work on a project that is not subject to this section during a week in 12which the individual works both on a project of public works that is subject to this 13section and on a project that is not subject to this section, is guilty of an offense 14under s. 946.15 (2). AB50,890,2015(d) Whoever induces any individual who seeks to be or is employed on any 16project of public works that is subject to this section to allow any part of the wages 17to which the individual is entitled under the contract governing the project to be 18deducted from the individual’s pay is guilty of an offense under s. 946.15 (3), unless 19the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is 20working on a project that is subject to 40 USC 3142. AB50,891,321(e) Any individual who is employed on a project of public works that is subject 22to this section who knowingly allows any part of the wages to which he or she is 23entitled under the contract governing the project to be deducted from his or her pay
1is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed 2under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is 3subject to 40 USC 3142. AB50,891,64(f) Paragraph (am) does not apply to any person who fails to provide any 5information to the department to assist the department in determining prevailing 6wage rates under sub. (3) (a) or (am). AB50,891,187(7) Debarment. (a) Except as provided under pars. (b) and (c), the 8department shall distribute to all state agencies a list of all persons that the 9department has found to have failed to pay the prevailing wage rate determined 10under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of 11pay for all hours worked in excess of the prevailing hours of labor at any time in the 12preceding 3 years. The department shall include with any name the address of the 13person and shall specify when the person failed to pay the prevailing wage rate and 14when the person paid less than 1.5 times the hourly basic rate of pay for all hours 15worked in excess of the prevailing hours of labor. A state agency may not award any 16contract to the person unless otherwise recommended by the department or unless 173 years have elapsed from the date the department issued its findings or date of 18final determination by a court of competent jurisdiction, whichever is later. AB50,892,219(b) The department may not include in a notification under par. (a) the name 20of any person on the basis of having subcontracted a contract for a project of public 21works to a person that the department has found to have failed to pay the prevailing 22wage rate determined under sub. (3) or has found to have paid less than 1.5 times
1the hourly basic rate of pay for all hours worked in excess of the prevailing hours of 2labor. AB50,892,63(c) This subsection does not apply to any contractor, subcontractor, or agent 4who in good faith commits a minor violation of this section, as determined on a case-5by-case basis through administrative hearings with all rights to due process 6afforded to all parties or who has not exhausted or waived all appeals. AB50,892,157(d) Any person submitting a bid on a project of public works that is subject to 8this section shall, on the date the person submits the bid, identify any construction 9business in which the person, or a shareholder, officer, or partner of the person if 10the person is a business, owns or has owned at least a 25 percent interest on the 11date the person submits the bid or at any other time within 3 years preceding the 12date the person submits the bid, if the business has been found to have failed to pay 13the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 14times the hourly basic rate of pay for all hours worked in excess of the prevailing 15hours of labor. AB50,892,1616(e) The department shall promulgate rules to administer this subsection. AB50,167217Section 1672. 103.50 of the statutes is created to read: AB50,892,1818103.50 Highway contracts. (1) Definitions. In this section: AB50,893,219(a) “Area” means the county in which a proposed project that is subject to this 20section is located or, if the department determines that there is insufficient wage 21data in that county, “area” means those counties that are contiguous to that county 22or, if the department determines that there is insufficient wage data in those 23counties, “area” means those counties that are contiguous to those counties or, if
1the department determines that there is insufficient wage data in those counties, 2“area” means the entire state. AB50,893,33(b) “Hourly basic rate of pay” has the meaning given in s. 103.49 (1) (b). AB50,893,44(bg) “Insufficient wage data” has the meaning given in s. 103.49 (1) (bg). AB50,893,55(c) “Prevailing hours of labor” has the meaning given in s. 103.49 (1) (c). AB50,893,106(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. AB50,893,18112. 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 13basic rate of pay, weighted by the number of hours worked, plus the average hourly 14contribution, weighted by the number of hours worked, for health insurance 15benefits, vacation benefits, pension benefits, and any other bona fide economic 16benefit, paid directly or indirectly for all hours worked at the hourly basic rate of 17pay of the highest-paid 51 percent of hours worked in that trade or occupation in 18that area. AB50,893,1919(e) “Truck driver” has the meaning given in s. 103.49 (1) (g). AB50,893,2320(2) Prevailing wage rates and hours of labor. No contractor, 21subcontractor, agent, or other person performing any work on a project under a 22contract based on bids as provided in s. 84.06 (2) to which the state is a party for the 23construction or improvement of any highway may do any of the following: AB50,894,3
1(a) Pay an individual performing the work described in sub. (2m) less than the 2prevailing wage rate in the area in which the work is to be done determined under 3sub. (3). AB50,894,84(b) Allow an individual performing the work described in sub. (2m) to work a 5greater number of hours per day or per week than the prevailing hours of labor, 6unless the contractor, subcontractor, or contractor’s or subcontractor’s agent pays 7the individual for all hours worked in excess of the prevailing hours of labor at a 8rate of at least 1.5 times the individual’s hourly basic rate of pay. AB50,894,139(2g) Nonapplicability. This section does not apply to a single-trade project 10of public works, as defined in s. 103.49 (1) (em), for which the estimated project cost 11of completion is less than $48,000 or a multiple-trade project of public works, as 12defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less 13than $100,000. AB50,894,1914(2m) Covered employees. (a) Subject to par. (b), any person subject to this 15section shall pay all of the following employees the prevailing wage rate determined 16under sub. (3) and may not allow such employees to work a greater number of hours 17per day or per week than the prevailing hours of labor, unless the person pays for all 18hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times 19the employees’ hourly basic rate of pay: AB50,894,21201. All laborers, workers, mechanics, and truck drivers employed on the site of 21a project that is subject to this section. AB50,895,3222. All laborers, workers, mechanics, and truck drivers employed in the 23manufacturing or furnishing of materials, articles, supplies, or equipment on the
1site of a project that is subject to this section or from a facility dedicated exclusively, 2or nearly so, to a project that is subject to this section by a contractor, subcontractor, 3agent, or other person performing any work on the site of the project. AB50,895,114(b) A laborer, worker, mechanic, or truck driver who is employed to process, 5manufacture, pick up, or deliver materials or products from a commercial 6establishment that has a fixed place of business from which the establishment 7supplies processed or manufactured materials or products or from a facility that is 8not dedicated exclusively, or nearly so, to a project that is subject to this section is 9not entitled to receive the prevailing wage rate determined under sub. (3) or to 10receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in 11excess of the prevailing hours of labor unless any of the following applies: AB50,895,16121. The laborer, worker, mechanic, or truck driver is employed to go to the 13source of mineral aggregate such as sand, gravel, or stone and deliver that mineral 14aggregate to the site of a project that is subject to this section by depositing the 15material directly in final place, from the transporting vehicle or through spreaders 16from the transporting vehicle. AB50,895,20172. The laborer, worker, mechanic, or truck driver is employed to go to the site 18of a project that is subject to this section, pick up excavated material or spoil from 19the site of the project, and transport that excavated material or spoil away from the 20site of the project and return to the site of the project. AB50,895,2321(c) A contractor, subcontractor, agent, or other person performing work on a 22project subject to this section shall pay a truck driver who is an owner-operator of a 23truck separately for his or her work and for the use of his or her truck. AB50,896,6
1(3) Investigations; determinations. The department shall conduct 2investigations and hold public hearings necessary to define the trades or 3occupations that are commonly employed in the highway construction industry and 4to inform the department of the prevailing wage rates in all areas of the state for 5those trades or occupations, in order to ascertain and determine the prevailing 6wage rates accordingly. AB50,896,187(4) Certification of prevailing wage rates. The department of workforce 8development shall, by May 1 of each year, certify to the department of 9transportation the prevailing wage rates in each area for all trades or occupations 10commonly employed in the highway construction industry. The certification shall, 11in addition to the current prevailing wage rates, include future prevailing wage 12rates when such prevailing wage rates can be determined for any such trade or 13occupation in any area and shall specify the effective date of those future prevailing 14wage rates. The certification shall also include wage rates for work performed on 15Sundays or the holidays specified in s. 103.49 (1) (c) and shift differentials based on 16the time of day or night when work is performed. If a construction project extends 17into more than one area, the department shall determine only one standard of 18prevailing wage rates for the entire project. AB50,897,219(4m) Wage rate data. In determining prevailing wage rates for projects that 20are subject to this section, the department shall use data from projects that are 21subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining 22prevailing wage rates for those projects, the department may not use data from any
1construction work that is performed by a state agency or a local governmental unit, 2as defined in s. 66.0903 (1) (d). AB50,897,63(5) Appeals to governor. If the department of transportation considers any 4determination of the department of workforce development of the prevailing wage 5rates in an area to be incorrect, it may appeal to the governor, whose determination 6is final. AB50,897,227(6) Contents of contracts. The department of transportation shall include 8a reference to the prevailing wage rates determined under sub. (3) and the 9prevailing hours of labor in the notice published for the purpose of securing bids for 10a project. Except as otherwise provided in this subsection, if any contract or 11subcontract for a project that is subject to this section is entered into, the prevailing 12wage rates determined under sub. (3) and the prevailing hours of labor shall be 13physically incorporated into and made a part of the contract or subcontract. For a 14minor subcontract, as determined by the department of workforce development, 15that department shall prescribe by rule the method of notifying the minor 16subcontractor of the prevailing wage rates and prevailing hours of labor applicable 17to the minor subcontract. The prevailing wage rates and prevailing hours of labor 18applicable to a contract or subcontract may not be changed during the time that the 19contract or subcontract is in force. The department of transportation shall post the 20prevailing wage rates determined by the department, the prevailing hours of labor, 21and the provisions of subs. (2) and (7) in at least one conspicuous place that is easily 22accessible to the employees on the site of the project. AB50,898,323(7) Penalties. (a) Except as provided in pars. (b), (d), and (f), any contractor,
1subcontractor, or contractor’s or subcontractor’s agent who violates this section 2may be fined not more than $200 or imprisoned for not more than 6 months or both. 3Each day that a violation continues is a separate offense. AB50,898,114(b) Whoever induces any individual who seeks to be or is employed on any 5project that is subject to this section to give up, waive, or return any part of the 6wages to which the individual is entitled under the contract governing the project, 7or who reduces the hourly basic rate of pay normally paid to an individual for work 8on a project that is not subject to this section during a week in which the individual 9works both on a project that is subject to this section and on a project that is not 10subject to this section, by threat not to employ, by threat of dismissal from 11employment, or by any other means is guilty of an offense under s. 946.15 (1). AB50,898,2012(c) Any individual employed on a project that is subject to this section who 13knowingly allows a contractor, subcontractor, or contractor’s or subcontractor’s 14agent to pay him or her less than the prevailing wage rate set forth in the contract 15governing the project, who gives up, waives, or returns any part of the compensation 16to which he or she is entitled under the contract, or who gives up, waives, or returns 17any part of the compensation to which he or she is normally entitled for work on a 18project that is not subject to this section during a week in which the individual 19works both on a project that is subject to this section and on a project that is not 20subject to this section, is guilty of an offense under s. 946.15 (2). AB50,899,321(d) Whoever induces any individual who seeks to be or is employed on any 22project that is subject to this section to allow any part of the wages to which the 23individual is entitled under the contract governing the project to be deducted from
1the individual’s pay is guilty of an offense under s. 946.15 (3), unless the deduction 2would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a 3project that is subject to 40 USC 3142. AB50,899,84(e) Any individual employed on a project that is subject to this section who 5knowingly allows any part of the wages to which he or she is entitled under the 6contract governing the project to be deducted from his or her pay is guilty of an 7offense under s. 946.15 (4), unless the deduction would be allowed under 29 CFR 3.5 8or 3.6 from an individual who is working on a project that is subject to 40 USC 3142. AB50,899,119(f) Paragraph (a) does not apply to any individual who fails to provide any 10information to the department to assist the department in determining prevailing 11wage rates under sub. (3) or (4). AB50,899,2112(8) Enforcement and prosecution. The department of transportation shall 13require adherence to subs. (2), (2m), and (6). The department of transportation may 14demand and examine, and every contractor, subcontractor, and contractor’s or 15subcontractor’s agent shall keep and furnish upon request by the department of 16transportation, copies of payrolls and other records and information relating to 17compliance with this section. Upon request of the department of transportation or 18upon complaint of alleged violation, the district attorney of the county in which the 19work is located shall investigate as necessary and prosecute violations in a court of 20competent jurisdiction. Section 111.322 (2m) applies to discharge and other 21discriminatory acts arising in connection with any proceeding under this section. AB50,167322Section 1673. 103.503 (1) (a) of the statutes is amended to read: AB50,900,523103.503 (1) (a) “Accident” means an incident caused, contributed to, or
1otherwise involving an employee that resulted or could have resulted in death, 2personal injury, or property damage and that occurred while the employee was 3performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 4(2m), 2015 stats., on a project of public works or while the employee was performing 5work on a public utility project. AB50,16746Section 1674. 103.503 (1) (e) of the statutes is amended to read: AB50,900,97103.503 (1) (e) “Employee” means a laborer, worker, mechanic, or truck driver 8who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 9(2m), 2015 stats., on a project of public works or on a public utility project. AB50,167510Section 1675. 103.503 (1) (g) of the statutes is repealed and recreated to 11read: AB50,900,1312103.503 (1) (g) “Project of public works” means a project of public works that 13is subject to s. 66.0903 or 103.49. AB50,167614Section 1676. 103.503 (2) of the statutes is amended to read: AB50,900,2215103.503 (2) Substance abuse prohibited. No employee may use, possess, 16attempt to possess, distribute, deliver, or be under the influence of a drug, or use or 17be under the influence of alcohol, while performing the work described in s. 66.0903 18(4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or 19while performing work on a public utility project. An employee is considered to be 20under the influence of alcohol for purposes of this subsection if he or she has an 21alcohol concentration that is equal to or greater than the amount specified in s. 22885.235 (1g) (d). AB50,167723Section 1677. 103.503 (3) (a) 2. of the statutes is amended to read: AB50,901,8
1103.503 (3) (a) 2. A requirement that employees performing the work 2described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a 3project of public works or performing work on a public utility project submit to 4random, reasonable suspicion, and post-accident drug and alcohol testing and to 5drug and alcohol testing before commencing work on the project, except that testing 6of an employee before commencing work on a project is not required if the employee 7has been participating in a random testing program during the 90 days preceding 8the date on which the employee commenced work on the project. AB50,16789Section 1678. 103.90 (3) (b) 3. of the statutes is created to read: AB50,901,1110103.90 (3) (b) 3. Any bed and breakfast establishment, hotel, or tourist 11rooming house that is required to be licensed under s. 97.605. AB50,167912Section 1679. 104.001 (3) of the statutes is created to read: AB50,901,1813104.001 (3) This section does not affect an ordinance that, subject to s. 1466.0903, requires an employee of a city, village, town, or county, an employee who 15performs work under a contract for the provision of services to a city, village, town, 16or county, or an employee who performs work that is funded by financial assistance 17from a city, village, town, or county to be paid at a minimum wage rate specified in 18the ordinance. AB50,168019Section 1680. 104.001 (4) of the statutes is created to read: AB50,901,2320104.001 (4) This section does not affect the requirement that employees 21employed on a public works project contracted for by a city, village, town, or county 22be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required 23under s. 66.0903. AB50,1681
1Section 1681. 106.023 of the statutes is created to read: AB50,902,82106.023 Teacher apprenticeships. (1) In consultation with the 3department of public instruction, the department shall prescribe the conditions 4under which a person may serve a teacher apprenticeship, as to higher education 5attendance requirements, level of supervision of an apprentice, and the credit for 6school attendance in serving the apprenticeship. The department shall also 7prescribe the criteria an individual must satisfy to demonstrate that the individual 8has successfully completed an apprenticeship under this section. AB50,902,109(2) Every person commencing a teacher apprenticeship shall enter into an 10apprentice contract under s. 106.01. AB50,168211Section 1682. 106.04 of the statutes is created to read: AB50,902,1512106.04 Employment of apprentices on state public works projects. (1) 13Definition. In this section, “project” means a project of public works that is 14subject to s. 103.49 or 103.50 in which work is performed by employees employed in 15trades that are apprenticeable under this subchapter. AB50,902,2016(2) Waiver. If the department grants an exception or modification to any 17requirement in any contract for the performance of work on a project relating to the 18employment and training of apprentices, the department shall post that 19information on its Internet site, together with a detailed explanation for granting 20the exception or modification. AB50,168321Section 1683. 106.135 of the statutes is created to read: AB50,902,2322106.135 Youth-to-registered apprenticeship grant program. (1) 23Definitions. In this section: AB50,902,2424(a) “Apprenticeship program” has the meaning given in s. 106.001 (4). AB50,903,1
1(b) “Youth apprenticeship program” means the program under s. 106.13 (1).
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