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.