AB68-ASA2-AA6,67,321 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
22manufacture, pick up, or deliver materials or products from a commercial
23establishment that has a fixed place of business from which the establishment
24supplies processed or manufactured materials or products or from a facility that is
25not dedicated exclusively, or nearly so, to a project that is subject to this section is not

1entitled to receive the prevailing wage rate determined under sub. (3) or to receive
2at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess
3of the prevailing hours of labor unless any of the following applies:
AB68-ASA2-AA6,67,84 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
5of mineral aggregate such as sand, gravel, or stone and deliver that mineral
6aggregate to the site of a project that is subject to this section by depositing the
7material directly in final place, from the transporting vehicle or through spreaders
8from the transporting vehicle.
AB68-ASA2-AA6,67,129 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
10of a project that is subject to this section, pick up excavated material or spoil from
11the site of the project, and transport that excavated material or spoil away from the
12site of the project and return to the site of the project.
AB68-ASA2-AA6,67,1513 (c) A contractor, subcontractor, agent, or other person performing work on a
14project subject to this section shall pay a truck driver who is an owner-operator of
15a truck separately for his or her work and for the use of his or her truck.
AB68-ASA2-AA6,67,21 16(3) Investigations; determinations. The department shall conduct
17investigations and hold public hearings necessary to define the trades or occupations
18that are commonly employed in the highway construction industry and to inform the
19department of the prevailing wage rates in all areas of the state for those trades or
20occupations, in order to ascertain and determine the prevailing wage rates
21accordingly.
AB68-ASA2-AA6,68,8 22(4) Certification of prevailing wage rates. The department of workforce
23development shall, by May 1 of each year, certify to the department of transportation
24the prevailing wage rates in each area for all trades or occupations commonly
25employed in the highway construction industry. The certification shall, in addition

1to the current prevailing wage rates, include future prevailing wage rates when such
2prevailing wage rates can be determined for any such trade or occupation in any area
3and shall specify the effective date of those future prevailing wage rates. The
4certification shall also include wage rates for work performed on Sundays or the
5holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day
6or night when work is performed. If a construction project extends into more than
7one area, the department shall determine only one standard of prevailing wage rates
8for the entire project.
AB68-ASA2-AA6,68,14 9(4m) Wage rate data. In determining prevailing wage rates for projects that
10are subject to this section, the department shall use data from projects that are
11subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining
12prevailing wage rates for those projects, the department may not use data from any
13construction work that is performed by a state agency or a local governmental unit,
14as defined in s. 66.0903 (1) (d).
AB68-ASA2-AA6,68,18 15(5) Appeals to governor. If the department of transportation considers any
16determination of the department of workforce development of the prevailing wage
17rates in an area to be incorrect, it may appeal to the governor, whose determination
18is final.
AB68-ASA2-AA6,69,9 19(6) Contents of contracts. The department of transportation shall include
20a reference to the prevailing wage rates determined under sub. (3) and the prevailing
21hours of labor in the notice published for the purpose of securing bids for a project.
22Except as otherwise provided in this subsection, if any contract or subcontract for a
23project that is subject to this section is entered into, the prevailing wage rates
24determined under sub. (3) and the prevailing hours of labor shall be physically
25incorporated into and made a part of the contract or subcontract. For a minor

1subcontract, as determined by the department of workforce development, that
2department shall prescribe by rule the method of notifying the minor subcontractor
3of the prevailing wage rates and prevailing hours of labor applicable to the minor
4subcontract. The prevailing wage rates and prevailing hours of labor applicable to
5a contract or subcontract may not be changed during the time that the contract or
6subcontract is in force. The department of transportation shall post the prevailing
7wage rates determined by the department, the prevailing hours of labor, and the
8provisions of subs. (2) and (7) in at least one conspicuous place that is easily
9accessible to the employees on the site of the project.
AB68-ASA2-AA6,69,13 10(7) Penalties. (a) Except as provided in pars. (b), (d), and (f), any contractor,
11subcontractor, or contractor's or subcontractor's agent who violates this section may
12be fined not more than $200 or imprisoned for not more than 6 months or both. Each
13day that a violation continues is a separate offense.
AB68-ASA2-AA6,69,2114 (b) Whoever induces any individual who seeks to be or is employed on any
15project that is subject to this section to give up, waive, or return any part of the wages
16to which the individual is entitled under the contract governing the project, or who
17reduces the hourly basic rate of pay normally paid to an individual for work on a
18project that is not subject to this section during a week in which the individual works
19both on a project that is subject to this section and on a project that is not subject to
20this section, by threat not to employ, by threat of dismissal from employment, or by
21any other means is guilty of an offense under s. 946.15 (1).
AB68-ASA2-AA6,70,522 (c) Any individual employed on a project that is subject to this section who
23knowingly allows a contractor, subcontractor, or contractor's or subcontractor's
24agent to pay him or her less than the prevailing wage rate set forth in the contract
25governing the project, who gives up, waives, or returns any part of the compensation

1to which he or she is entitled under the contract, or who gives up, waives, or returns
2any part of the compensation to which he or she is normally entitled for work on a
3project that is not subject to this section during a week in which the individual works
4both on a project that is subject to this section and on a project that is not subject to
5this section, is guilty of an offense under s. 946.15 (2).
AB68-ASA2-AA6,70,116 (d) Whoever induces any individual who seeks to be or is employed on any
7project that is subject to this section to allow any part of the wages to which the
8individual is entitled under the contract governing the project to be deducted from
9the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction
10would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a
11project that is subject to 40 USC 3142.
AB68-ASA2-AA6,70,1612 (e) Any individual employed on a project that is subject to this section who
13knowingly allows any part of the wages to which he or she is entitled under the
14contract governing the project to be deducted from his or her pay is guilty of an
15offense under s. 946.15 (4), unless the deduction would be allowed under 29 CFR 3.5
16or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.
AB68-ASA2-AA6,70,1917 (f) Paragraph (a) does not apply to any individual who fails to provide any
18information to the department to assist the department in determining prevailing
19wage rates under sub. (3) or (4).
AB68-ASA2-AA6,71,4 20(8) Enforcement and prosecution. The department of transportation shall
21require adherence to subs. (2), (2m), and (6). The department of transportation may
22demand and examine, and every contractor, subcontractor, and contractor's or
23subcontractor's agent shall keep and furnish upon request by the department of
24transportation, copies of payrolls and other records and information relating to
25compliance with this section. Upon request of the department of transportation or

1upon complaint of alleged violation, the district attorney of the county in which the
2work is located shall investigate as necessary and prosecute violations in a court of
3competent jurisdiction. Section 111.322 (2m) applies to discharge and other
4discriminatory acts arising in connection with any proceeding under this section.
AB68-ASA2-AA6,336h 5Section 336h. 103.503 (1) (a) of the statutes is amended to read:
AB68-ASA2-AA6,71,116 103.503 (1) (a) “Accident" means an incident caused, contributed to, or
7otherwise involving an employee that resulted or could have resulted in death,
8personal injury, or property damage and that occurred while the employee was
9performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m),
102015 stats.,
on a project of public works or while the employee was performing work
11on a public utility project.
AB68-ASA2-AA6,336i 12Section 336i. 103.503 (1) (e) of the statutes is amended to read:
AB68-ASA2-AA6,71,1513 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver
14who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49
15(2m), 2015 stats., on a project of public works or on a public utility project.
AB68-ASA2-AA6,336j 16Section 336j. 103.503 (1) (g) of the statutes is repealed and recreated to read:
AB68-ASA2-AA6,71,1817 103.503 (1) (g) “Project of public works" means a project of public works that
18is subject to s. 66.0903 or 103.49.
AB68-ASA2-AA6,336k 19Section 336k. 103.503 (2) of the statutes is amended to read:
AB68-ASA2-AA6,72,220 103.503 (2) Substance abuse prohibited. No employee may use, possess,
21attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
22be under the influence of alcohol, while performing the work described in s. 66.0903
23(4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or
24while performing work on a public utility project. An employee is considered to be
25under the influence of alcohol for purposes of this subsection if he or she has an

1alcohol concentration that is equal to or greater than the amount specified in s.
2885.235 (1g) (d).
AB68-ASA2-AA6,336L 3Section 336L. 103.503 (3) (a) 2. of the statutes is amended to read:
AB68-ASA2-AA6,72,114 103.503 (3) (a) 2. A requirement that employees performing the work described
5in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of
6public works or performing work on a public utility project submit to random,
7reasonable suspicion, and post-accident drug and alcohol testing and to drug and
8alcohol testing before commencing work on the project, except that testing of an
9employee before commencing work on a project is not required if the employee has
10been participating in a random testing program during the 90 days preceding the
11date on which the employee commenced work on the project.
AB68-ASA2-AA6,336m 12Section 336m. 104.001 (4) of the statutes is created to read:
AB68-ASA2-AA6,72,1613 104.001 (4) This section does not affect the requirement that employees
14employed on a public works project contracted for by a city, village, town, or county
15be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required under
16s. 66.0903.
AB68-ASA2-AA6,336r 17Section 336r. 106.04 of the statutes is created to read: