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.
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 contractors or subcontractors 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 contractors or subcontractors
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 individuals 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.