AB50: Bill Text

AB50,891,3 (e) Any individual who is employed on a project of public works 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.

AB50,891,6 (f) Paragraph (am) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (3) (a) or (am).

AB50,891,18 (7) Debarment. (a) Except as provided under pars. (b) and (c), the department shall distribute to all state agencies a list of all persons that the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor at any time in the preceding 3 years. The department shall include with any name the address of the person and shall specify when the person failed to pay the prevailing wage rate and when the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. A state agency may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

AB50,892,2 (b) The department may not include in a notification under par. (a) the name of any person on the basis of having subcontracted a contract for a project of public works to a person that the department has found to have failed to pay the prevailing wage rate determined under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.

AB50,892,6 (c) This subsection does not apply to any contractor, subcontractor, or agent who in good faith commits a minor violation of this section, as determined on a case- by-case basis through administrative hearings with all rights to due process afforded to all parties or who has not exhausted or waived all appeals.

AB50,892,15 (d) Any person submitting a bid on a project of public works that is subject to this section shall, on the date the person submits the bid, identify any construction business in which the person, or a shareholder, officer, or partner of the person if the person is a business, owns or has owned at least a 25 percent interest on the date the person submits the bid or at any other time within 3 years preceding the date the person submits the bid, if the business has been found to have failed to pay the prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.

AB50,892,16 (e) The department shall promulgate rules to administer this subsection.

AB50,1672 Section 1672. 103.50 of the statutes is created to read:

AB50,892,18 103.50 Highway contracts. (1) Definitions. In this section:

AB50,893,2 (a) “Area” means the county in which a proposed project that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, “area” means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, “area” means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, “area” means the entire state.

AB50,893,3 (b) “Hourly basic rate of pay” has the meaning given in s. 103.49 (1) (b).

AB50,893,4 (bg) “Insufficient wage data” has the meaning given in s. 103.49 (1) (bg).

AB50,893,5 (c) “Prevailing hours of labor” has the meaning given in s. 103.49 (1) (c).

AB50,893,10 (d) 1. Except as provided in subd. 2., “prevailing wage rate” for any trade or occupation in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation in the area.

AB50,893,18 2. If there is no rate at which a majority of the hours worked in the trade or occupation in the area is paid, “prevailing wage rate” means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51 percent of hours worked in that trade or occupation in that area.

AB50,893,19 (e) “Truck driver” has the meaning given in s. 103.49 (1) (g).

AB50,893,23 (2) Prevailing wage rates and hours of labor. No contractor, subcontractor, agent, or other person performing any work on a project under a contract based on bids as provided in s. 84.06 (2) to which the state is a party for the construction or improvement of any highway may do any of the following:

AB50,894,3 (a) Pay an individual performing the work described in sub. (2m) less than the prevailing wage rate in the area in which the work is to be done determined under sub. (3).

AB50,894,8 (b) Allow an individual performing the work described in sub. (2m) to work a greater number of hours per day or per week than the prevailing hours of labor, unless the contractor, subcontractor, or contractor’s or subcontractor’s agent pays the individual for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times the individual’s hourly basic rate of pay.

AB50,894,13 (2g) Nonapplicability. This section does not apply to a single-trade project of public works, as defined in s. 103.49 (1) (em), for which the estimated project cost of completion is less than $48,000 or a multiple-trade project of public works, as defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less than $100,000.

AB50,894,19 (2m) Covered employees. (a) Subject to par. (b), any person subject to this section shall pay all of the following employees the prevailing wage rate determined under sub. (3) and may not allow such employees to work a greater number of hours per day or per week than the prevailing hours of labor, unless the person pays for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times the employees’ hourly basic rate of pay:

AB50,894,21 1. All laborers, workers, mechanics, and truck drivers employed on the site of a project that is subject to this section.

AB50,895,3 2. All laborers, workers, mechanics, and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of a project that is subject to this section or from a facility dedicated exclusively, or nearly so, to a project that is subject to this section by a contractor, subcontractor, agent, or other person performing any work on the site of the project.

AB50,895,11 (b) A laborer, worker, mechanic, or truck driver who is employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment supplies processed or manufactured materials or products or from a facility that is not dedicated exclusively, or nearly so, to a project that is subject to this section is not entitled to receive the prevailing wage rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following applies:

AB50,895,16 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone and deliver that mineral aggregate to the site of a project that is subject to this section by depositing the material directly in final place, from the transporting vehicle or through spreaders from the transporting vehicle.

AB50,895,20 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a project that is subject to this section, pick up excavated material or spoil from the site of the project, and transport that excavated material or spoil away from the site of the project and return to the site of the project.

AB50,895,23 (c) A contractor, subcontractor, agent, or other person performing work on a project subject to this section shall pay a truck driver who is an owner-operator of a truck separately for his or her work and for the use of his or her truck.

AB50,896,6 (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.

AB50,896,18 (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.

AB50,897,2 (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).

AB50,897,6 (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.

AB50,897,22 (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.

AB50,898,3 (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.

AB50,898,11 (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).

AB50,898,20 (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).

AB50,899,3 (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.

AB50,899,8 (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.

AB50,899,11 (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).

AB50,899,21 (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.

AB50,1673 Section 1673. 103.503 (1) (a) of the statutes is amended to read:

AB50,900,5 103.503 (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.

AB50,1674 Section 1674. 103.503 (1) (e) of the statutes is amended to read:

AB50,900,9 103.503 (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.

AB50,1675 Section 1675. 103.503 (1) (g) of the statutes is repealed and recreated to read:

AB50,900,13 103.503 (1) (g) “Project of public works” means a project of public works that is subject to s. 66.0903 or 103.49.

AB50,1676 Section 1676. 103.503 (2) of the statutes is amended to read:

AB50,900,22 103.503 (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).

AB50,1677 Section 1677. 103.503 (3) (a) 2. of the statutes is amended to read:

AB50,901,8 103.503 (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.

AB50,1678 Section 1678. 103.90 (3) (b) 3. of the statutes is created to read:

AB50,901,11 103.90 (3) (b) 3. Any bed and breakfast establishment, hotel, or tourist rooming house that is required to be licensed under s. 97.605.

AB50,1679 Section 1679. 104.001 (3) of the statutes is created to read:

AB50,901,18 104.001 (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.

AB50,1680 Section 1680. 104.001 (4) of the statutes is created to read:

AB50,901,23 104.001 (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.

AB50,1681 Section 1681. 106.023 of the statutes is created to read:

AB50,902,8 106.023 Teacher apprenticeships. (1) In consultation with the department of public instruction, the department shall prescribe the conditions under which a person may serve a teacher apprenticeship, as to higher education attendance requirements, level of supervision of an apprentice, and the credit for school attendance in serving the apprenticeship. The department shall also prescribe the criteria an individual must satisfy to demonstrate that the individual has successfully completed an apprenticeship under this section.

AB50,902,10 (2) Every person commencing a teacher apprenticeship shall enter into an apprentice contract under s. 106.01.

AB50,1682 Section 1682. 106.04 of the statutes is created to read:

AB50,902,15 106.04 Employment of apprentices on state public works projects. (1) Definition. In this section, “project” means a project of public works that is subject to s. 103.49 or 103.50 in which work is performed by employees employed in trades that are apprenticeable under this subchapter.

AB50,902,20 (2) Waiver. If the department grants an exception or modification to any requirement in any contract for the performance of work on a project relating to the employment and training of apprentices, the department shall post that information on its Internet site, together with a detailed explanation for granting the exception or modification.

AB50,1683 Section 1683. 106.135 of the statutes is created to read:

AB50,902,23 106.135 Youth-to-registered apprenticeship grant program. (1) Definitions. In this section:

AB50,902,24 (a) “Apprenticeship program” has the meaning given in s. 106.001 (4).

AB50,903,1 (b) “Youth apprenticeship program” means the program under s. 106.13 (1).

AB50,903,7 (2) Grant program. (a) The department shall develop and administer a program to award grants from the appropriation under s. 20.445 (1) (em) to youth apprenticeship consortia to provide incentives to individuals to transition from participating in the youth apprenticeship program to participating in an apprenticeship program. The department may not award more than $350,000 in grants under this subsection in any fiscal year.

AB50,903,10 (b) Youth apprenticeship consortia that may receive a grant under this section shall be partnerships between one or more school districts or between one or more school districts and at least one of the following:

AB50,903,11 1. A community-based organization.

AB50,903,12 2. A cooperative educational service agency.

AB50,903,13 3. Employers.

AB50,903,14 4. Colleges in the technical college system.

AB50,903,15 5. Labor unions.

AB50,903,16 6. Chambers of commerce.

AB50,903,17 7. Local workforce development boards.

AB50,903,18 8. Other public agencies.

AB50,903,19 9. Other contributing individuals.

AB50,903,20 (3) Rules. The department shall promulgate rules to implement this section.

AB50,1684 Section 1684. 106.136 of the statutes is created to read:

AB50,903,23 106.136 On-the-job learning grant program. (1) Definitions. In this section:

AB50,903,24 (a) “Apprentice” has the meaning given in s. 106.001 (1).

AB50,904,1 (b) “Apprenticeship program” has the meaning given in s. 106.001 (4).

AB50,904,3 (2) Program. (a) The department shall develop and administer a program to award grants from the appropriation under s. 20.445 (1) (er) to the following:

AB50,904,8 1. New and small employers for costs associated with apprenticeship programs. To be eligible to receive a grant, an employer must either never have had an apprenticeship program or not have had an apprenticeship program in the particular trade, craft, or business for which it seeks the grant in the 5 years preceding the date of application for the grant.

AB50,904,9 2. Healthcare employers for costs associated with on-the-job learning.

AB50,904,11 (b) Employers may use the grants under this section to reimburse themselves for costs related to apprentices, including wages, instruction, and mentoring.

AB50,904,12 (c) Grants under par. (a) 2. shall be provided under a pilot program.

AB50,904,14 (3) Rules. The department shall promulgate rules to implement this section, which shall include procedures and criteria for awarding grants under this section.

AB50,1685 Section 1685. 106.145 of the statutes is created to read:

AB50,904,22 106.145 Wisconsin worker advancement program. The department shall, from the appropriation under s. 20.445 (1) (cm), establish and administer a Wisconsin worker advancement program to make grants to local organizations, including local workforce development boards established under 29 USC 3122 and community-based organizations, for the organizations to provide employment and workforce services, including unrestricted support services, career services, and training programs to address workforce barriers.