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,
2area 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 contractors or subcontractors 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 individuals 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.