AB409,15,169 103.49 (2m) (a) 1. All laborers, workers, mechanics and truck drivers employed
10on the site of a project that is subject to this section, or employed to deliver mineral
11aggregate such as sand, gravel or stone that is immediately incorporated into the
12work, and not stockpiled or further transported by truck, to or from the site of a
13project that is subject to this section by depositing the material substantially in
14place, directly or through spreaders from the transporting vehicle, or employed to
15transport excavated material or spoil from and return to the site of a project that is
16subject to this section
.
AB409, s. 29 17Section 29. 103.49 (2m) (b) of the statutes is renumbered 103.49 (2m) (b)
18(intro.) and amended to read:
AB409,16,219 103.49 (2m) (b) (intro.) Notwithstanding par. (a) 1., a laborer, worker, mechanic
20or truck driver who is regularly employed in the processing, manufacturing or
21delivery of materials or products by or for
to process, manufacture, pick up or deliver
22materials or products from
a commercial establishment that has a fixed place of
23business from which the establishment regularly supplies processed or
24manufactured materials or products is not entitled to receive the prevailing wage
25rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic

1rate of pay for all hours worked in excess of the prevailing hours of labor determined
2under sub. (3).
unless any of the following applies:
AB409, s. 30 3Section 30. 103.49 (2m) (b) 1. and 2. of the statutes are created to read:
AB409,16,94 103.49 (2m) (b) 1. The laborer, worker, mechanic or truck driver is employed
5to go to the source of mineral aggregate such as sand, gravel or stone that is to be
6immediately incorporated into the work, and not stockpiled or further transported
7by truck, pick up that mineral aggregate and deliver that mineral aggregate to the
8site of a project that is subject to this section by depositing the material substantially
9in place, directly or through spreaders from the transporting vehicle.
AB409,16,1310 2. The laborer, worker, mechanic or truck driver is employed to go to the site
11of a project that is subject to this section, pick up excavated material or spoil from
12the site of the project and transport that excavated material or spoil away from the
13site of the project.
AB409, s. 31 14Section 31. 103.49 (3) (a) of the statutes is amended to read:
AB409,17,615 103.49 (3) (a) Before bids are asked for any work to which this section applies,
16the state agency having the authority to prescribe the specifications shall apply to
17the department to determine the prevailing wage rate and prevailing hours of labor
18for each trade or occupation required in the work under contemplation in the area
19in which the work is to be done. The department shall make conduct such
20investigations and hold such public hearings as may be necessary to define the trades
21or occupations that are commonly employed on projects that are subject to this
22section and to inform itself as to the prevailing wage rates and prevailing hours of
23labor
in all areas of the state for those trades or occupations with a view to
24ascertaining
in order to determine the prevailing wage rate and prevailing hours of
25labor
for each such trade or occupation. The department shall issue its

1determination within 30 days after receiving the request and shall file the same with
2the state agency applying therefor. For the information of the employes working on
3the project, the prevailing wage rates and prevailing hours of labor determined by
4the department, the prevailing hours of labor and the provisions of subs. (2) and (6m)
5shall be kept posted by the state agency in at least one conspicuous and easily
6accessible place on the site of the project.
AB409, s. 32 7Section 32. 103.49 (3) (am) of the statutes is amended to read:
AB409,17,168 103.49 (3) (am) The department shall, by January 1 of each year, compile the
9prevailing wage rates and the prevailing hours of labor for each trade or occupation
10in each area. The compilation shall, in addition to the current prevailing wage rates
11and prevailing hours of labor, include future prevailing wage rates and prevailing
12hours of labor
when those prevailing wage rates and prevailing hours of labor can
13be determined for any trade or occupation in any area and shall specify the effective
14date of those future prevailing wage rates and prevailing hours of labor. If a
15construction project extends into more than one area there shall be but one standard
16of prevailing wage rates and prevailing hours of labor for the entire project.
AB409, s. 33 17Section 33. 103.49 (3) (ar) of the statutes is amended to read:
AB409,17,2418 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am) for
19building, residential or agricultural projects
, the department may not use data from
20projects that are subject to this section, s. 66.293 or 103.50 or 40 USC 276a. In
21determining prevailing wage rates for projects involving the use of heavy equipment,

22unless the department determines that there is insufficient wage data in the area
23to determine those prevailing wage rates, in which case
the department may use data
24from projects that are subject to this section, s. 66.293 or 103.50 or 40 USC 276a.
AB409, s. 34 25Section 34. 103.49 (3) (b) of the statutes is amended to read:
AB409,18,11
1103.49 (3) (b) Any person may request a recalculation of any portion of a an
2initial
determination within 30 days after the initial determination date if the person
3submits evidence with the request showing that the prevailing wage rate or
4prevailing hours of labor
for any given trade or occupation included in the initial
5determination does not represent the prevailing wage rate or prevailing hours of
6labor
for that trade or occupation in the area. Such evidence shall include wage rate
7and hours of labor information for reflecting work performed by persons working in
8the contested trade or occupation in the area within the previous 12 months during
9the current survey period
. The department shall affirm or modify the initial
10determination within 15 days after the date on which the department receives the
11request for recalculation.
AB409, s. 35 12Section 35. 103.49 (3) (c) of the statutes is amended to read:
AB409,19,213 103.49 (3) (c) In addition to the recalculation under par. (b), the state agency
14that requested the determination under this subsection may request a review of any
15portion of a determination within 30 days after the date of issuance of the
16determination if the state agency submits evidence with the request showing that
17the prevailing wage rate or prevailing hours of labor for any given trade or occupation
18included in the determination does not represent the prevailing wage rate or
19prevailing hours of labor
for that trade or occupation in the city, village or town in
20which the proposed project is located. That evidence shall include wage rate and
21hours of labor
information for the contested trade or occupation on at least 3 similar
22projects located in the city, village or town where the proposed project is located on
23which some work has been performed within the previous 12 months during the
24current survey period
and which were considered by the department in issuing its
25most recent compilation under par. (am). The department shall affirm or modify the

1determination within 15 days after the date on which the department receives the
2request for review.
AB409, s. 36 3Section 36. 103.49 (3g) of the statutes is amended to read:
AB409,19,94 103.49 (3g) Nonapplicability. This section does not apply to any single-trade
5public works project for which the estimated project cost of completion is less than
6$30,000 or an amount determined by the department under s. 66.293 (5) or to any
7multiple-trade public works project for which the estimated project cost of
8completion is less than $150,000 or an amount determined by the department under
9s. 66.293 (5).
AB409, s. 37 10Section 37. 103.49 (4r) (c) of the statutes is amended to read:
AB409,19,2411 103.49 (4r) (c) Upon completion of a project and before receiving final payment
12for his or her work on the project, each contractor shall file with the state agency
13authorizing the work an affidavit stating that the contractor has complied fully with
14the requirements of this section and that the contractor has received an affidavit
15under par. (b) from each of the contractor's agents and subcontractors. A state
16agency may not authorize a final payment until such an affidavit is filed in proper
17form and order. If a state agency authorizes a final payment before such an affidavit
18is filed in proper form and order or if the department determines, based on the
19greater weight of the credible evidence, that any person performing the work
20specified in sub. (2m) has been or may have been paid less than the prevailing wage
21rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess
22of the prevailing hours of labor and requests that the state agency withhold all or part
23of the final payment, but the state agency fails to do so, the state agency is liable for
24all back wages payable up to the amount of the final payment.
AB409, s. 38 25Section 38. 103.49 (5) (a) of the statutes is amended to read:
AB409,20,5
1103.49 (5) (a) Each contractor, subcontractor or agent thereof performing work
2on a project that is subject to this section shall keep full and accurate records clearly
3indicating the name and trade or occupation of every person performing the work
4described in sub. (2m) and an accurate record of the number of hours worked by each
5of those persons and the actual wages paid therefor.
AB409, s. 39 6Section 39. 103.49 (5) (b) of the statutes is amended to read:
AB409,20,177 103.49 (5) (b) It shall be the duty of the department to enforce this section. To
8this end it may demand and examine, and it shall be the duty of every contractor,
9subcontractor and agent thereof to keep and furnish to the department, copies of
10payrolls and other records and information relating to the wages paid to persons
11performing the work described in sub. (2m) for work to which this section applies.
12The department may inspect records in the manner provided in this chapter and chs.
13104 to 106
. Every contractor, subcontractor or agent performing work on a project
14that is subject to this section is subject to the requirements of this chapter and chs.
15104 to 106
relating to the examination of records. Section 111.322 (2m) applies to
16discharge and other discriminatory acts arising in connection with any proceeding
17under this section.
AB409, s. 40 18Section 40. 103.49 (5) (c) of the statutes is amended to read:
AB409,21,419 103.49 (5) (c) If requested by any person, the department shall inspect the
20payroll records of any contractor, subcontractor or agent performing work on a
21project that is subject to this section to ensure compliance with this section. If the
22contractor, subcontractor or agent subject to the inspection is found to be in
23compliance and if the person making the request is a person performing the work
24specified in sub. (2m), the department shall charge the person making the request
25the actual cost of the inspection. If the contractor, subcontractor or agent subject to

1the inspection is found to be in compliance and if the person making the request is
2not a person performing the work specified in sub. (2m), the department shall charge
3the person making the request $250 or the actual cost of the inspection, whichever
4is greater.
AB409, s. 41 5Section 41. 103.49 (6m) (b) of the statutes is amended to read:
AB409,21,146 103.49 (6m) (b) Whoever induces any individual person who seeks to be or is
7employed on any project that is subject to this section to give up, waive or return any
8part of the wages to which the individual person is entitled under the contract
9governing such project, or who reduces the hourly basic rate of pay normally paid to
10an employe a person for work on a project that is not subject to this section during
11a week in which the employe person works both on a project that is subject to this
12section and on a project that is not subject to this section, by threat not to employ, by
13threat of dismissal from such employment or by any other means is guilty of an
14offense under s. 946.15 (1).
AB409, s. 42 15Section 42. 103.49 (6m) (d) of the statutes is amended to read:
AB409,21,2116 103.49 (6m) (d) Whoever induces any individual person who seeks to be or is
17employed on any project that is subject to this section to permit any part of the wages
18to which the individual person is entitled under the contract governing such project
19to be deducted from the individual's person's pay is guilty of an offense under s.
20946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an
21individual
a person who is working on a project that is subject to 40 USC 276c.
AB409, s. 43 22Section 43. 103.49 (6m) (f) of the statutes is amended to read:
AB409,21,2523 103.49 (6m) (f) Paragraph (a) does not apply to any person who fails to provide
24any information to the department to assist the department in determining
25prevailing wage rates and prevailing hours of labor under sub. (3) (a) or (am).
AB409, s. 44
1Section 44. 103.49 (7) (a) of the statutes is amended to read:
AB409,22,152 103.49 (7) (a) Except as provided under pars. (b) and (c), the department shall
3distribute to all state agencies and to the University of Wisconsin Hospitals and
4Clinics Authority a list of all persons whom the department has found to have failed
5to pay the prevailing wage rate determined under sub. (3) or has found to have paid
6less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
7prevailing hours of labor determined under sub. (3) at any time in the preceding 3
8years. The department shall include with any such name the address of such person
9and shall specify when such person failed to pay the prevailing wage rate and when
10such person paid less than 1.5 times the hourly basic rate of pay for all hours worked
11in excess of the prevailing hours of labor. A state agency or the University of
12Wisconsin Hospitals and Clinics Authority may not award any contract to such
13person unless otherwise recommended by the department or unless 3 years have
14elapsed from the date the department issued its findings or date of final
15determination by a court of competent jurisdiction, whichever is later.
AB409, s. 45 16Section 45. 103.49 (7) (b) of the statutes is amended to read:
AB409,22,2217 103.49 (7) (b) The department may not include in a notification under par. (a)
18the name of any person on the basis of having let work to a person whom the
19department has found to have failed to pay the prevailing wage rate determined
20under sub. (3) or has found to have paid less than 1.5 times the hourly basic rate of
21pay for all hours worked in excess of the prevailing hours of labor determined under
22sub. (3)
.
AB409, s. 46 23Section 46. 103.49 (7) (d) of the statutes is amended to read:
AB409,23,724 103.49 (7) (d) Any person submitting a bid on a project that is subject to this
25section shall be required, on the date the person submits the bid, to identify any

1construction business in which the person, or a shareholder, officer or partner of the
2person, if the person is a business, owns, or has owned at least a 25% interest on the
3date the person submits the bid or at any other time within 3 years preceding the date
4the person submits the bid, if the business has been found to have failed to pay the
5prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
6the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
7labor determined under sub. (3).
AB409, s. 47 8Section 47. 103.50 (2) of the statutes is amended to read:
AB409,23,209 103.50 (2) Prevailing wage rates and hours of labor. No person performing
10the work
described in sub. (2m) in the employ of a contractor, subcontractor, agent
11or other person performing any work on a project under a contract based on bids as
12provided in s. 84.06 (2) to which the state is a party for the construction or
13improvement of any highway may be permitted to work a longer greater number of
14hours per day or per calendar week than the prevailing hours of labor determined
15under sub. (3)
; nor may he or she be paid a lesser rate of wages than the prevailing
16wage rate in the area in which the work is to be done determined under sub. (3);
17except that any such person may be permitted or required to work more than such
18prevailing hours of labor per day and per calendar week if he or she is paid for all
19hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
20his or her hourly basic rate of pay.
AB409, s. 48 21Section 48. 103.50 (2m) (a) (intro.) of the statutes is amended to read:
AB409,24,222 103.50 (2m) (a) (intro.) All Subject to par. (b), all of the following employes shall
23be paid the prevailing wage rate determined under sub. (3) and may not be permitted
24to work a greater number of hours per day or per calendar week than the prevailing
25hours of labor determined under sub. (3), unless they are paid for all hours worked

1in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly
2basic rate of pay:
AB409, s. 49 3Section 49. 103.50 (2m) (a) 1. of the statutes is amended to read:
AB409,24,114 103.50 (2m) (a) 1. All laborers, workers, mechanics and truck drivers employed
5on the site of a project that is subject to this section, or employed to deliver mineral
6aggregate such as sand, gravel or stone that is immediately incorporated into the
7work, and not stockpiled or further transported by truck, to or from the site of a
8project that is subject to this section by depositing the material substantially in
9place, directly or through spreaders from the transporting vehicle, or employed to
10transport excavated material or spoil from and return to the site of a project that is
11subject to this section
.
AB409, s. 50 12Section 50. 103.50 (2m) (b) of the statutes is renumbered 103.50 (2m) (b)
13(intro.) and amended to read:
AB409,24,2214 103.50 (2m) (b) (intro.) Notwithstanding par. (a) 1., a laborer, worker, mechanic
15or truck driver who is regularly employed in the processing, manufacturing or
16delivery of materials or products by or for
to process, manufacture, pick up or deliver
17materials or products from
a commercial establishment that has a fixed place of
18business from which the establishment regularly supplies processed or
19manufactured materials or products is not entitled to receive the prevailing wage
20rate determined under sub. (3) or to receive at least 1.5 times his or her hourly basic
21rate of pay for all hours worked in excess of the prevailing hours of labor determined
22under sub. (3).
unless any of the following applies:
AB409, s. 51 23Section 51. 103.50 (2m) (b) 1. and 2. of the statutes are created to read:
AB409,25,424 103.50 (2m) (b) 1. The laborer, worker, mechanic or truck driver is employed
25to go to the source of mineral aggregate such as sand, gravel or stone that is to be

1immediately incorporated into the work, and not stockpiled or further transported
2by truck, pick up that mineral aggregate and deliver that mineral aggregate to the
3site of a project that is subject to this section by depositing the material substantially
4in place, directly or through spreaders from the transporting vehicle.
AB409,25,85 2. The laborer, worker, mechanic or truck driver is employed to go to the site
6of a project that is subject to this section, pick up excavated material or spoil from
7the site of the project and transport that excavated material or spoil away from the
8site of the project and return to the site of the project.
AB409, s. 52 9Section 52. 103.50 (3) of the statutes is amended to read:
AB409,25,1510 103.50 (3) Investigations; determinations. The department shall conduct
11investigations and hold public hearings necessary to define the trades or occupations
12that are commonly employed in the highway construction industry and to inform
13itself as to the prevailing wage rates and prevailing hours of labor in all areas of the
14state for those trades or occupations, in order to ascertain and determine the
15prevailing wage rates and prevailing hours of labor accordingly.
AB409, s. 53 16Section 53. 103.50 (4) of the statutes is amended to read:
AB409,26,317 103.50 (4) Certification of prevailing wage rates and hours of labor. The
18department of workforce development shall, by May 1 of each calendar year, certify
19to the department of transportation the prevailing wage rates and the prevailing
20hours of labor
in each area for all trades or occupations commonly employed in the
21highway construction industry. The certification shall, in addition to the current
22prevailing wage rates and prevailing hours of labor, include future prevailing wage
23rates and prevailing hours of labor when such prevailing wage rates and prevailing
24hours of labor
can be determined for any such trade or occupation in any area and
25shall specify the effective date of those future prevailing wage rates and prevailing

1hours of labor
. If a construction project extends into more than one area there shall
2be but one standard of prevailing wage rates and prevailing hours of labor for the
3entire project.
AB409, s. 54 4Section 54. 103.50 (5) of the statutes is amended to read:
AB409,26,85 103.50 (5) Appeals to governor. If the department of transportation considers
6any determination of the department of workforce development as to the prevailing
7wage rates and the prevailing hours of labor in an area to have been incorrect, it may
8appeal to the governor, whose determination shall be final.
AB409, s. 55 9Section 55. 103.50 (6) of the statutes is amended to read:
AB409,27,210 103.50 (6) Contents of contracts. A reference to the prevailing wage rates
11and the prevailing hours of labor determined under sub. (3) and the prevailing hours
12of labor
shall be published in the notice issued for the purpose of securing bids for a
13project. If any contract or subcontract for a project that is subject to this section is
14entered into, the prevailing wage rates and prevailing hours of labor determined
15under sub. (3) and the prevailing hours of labor shall be physically incorporated into
16and made a part of the contract or subcontract, except that for a minor subcontract,
17as determined by the department of workforce development, that department shall
18prescribe by rule the method of notifying the minor subcontractor of the prevailing
19wage rates and prevailing hours of labor applicable to the minor subcontract. The
20prevailing wage rates and prevailing hours of labor applicable to a contract or
21subcontract may not be changed during the time that the contract or subcontract is
22in force. For the information of the employes working on the project, the prevailing
23wage rates and prevailing hours of labor determined by the department, the
24prevailing hours of labor
and the provisions of subs. (2) and (7) shall be kept posted

1by the department of transportation in at least one conspicuous and easily accessible
2place on the site of the project.
AB409, s. 56 3Section 56. 103.50 (7) (b) of the statutes is amended to read:
AB409,27,124 103.50 (7) (b) Whoever induces any individual person who seeks to be or is
5employed on any project that is subject to this section to give up, waive or return any
6part of the wages to which the individual person is entitled under the contract
7governing such project, or who reduces the hourly basic rate of pay normally paid to
8an employe a person for work on a project that is not subject to this section during
9a week in which the employe person works both on a project that is subject to this
10section and on a project that is not subject to this section, by threat not to employ, by
11threat of dismissal from such employment or by any other means is guilty of an
12offense under s. 946.15 (1).
AB409, s. 57 13Section 57. 103.50 (7) (d) of the statutes is amended to read:
AB409,27,1914 103.50 (7) (d) Whoever induces any individual person who seeks to be or is
15employed on any project that is subject to this section to permit any part of the wages
16to which the individual person is entitled under the contract governing such project
17to be deducted from the individual's person's pay is guilty of an offense under s.
18946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from an
19individual
a person who is working on a project that is subject to 40 USC 276c.
AB409, s. 58 20Section 58. 103.50 (7) (e) of the statutes is amended to read:
AB409,28,221 103.50 (7) (e) Any person employed on a project that is subject to this section
22who knowingly permits any part of the wages to which he or she is entitled under the
23contract governing such project to be deducted from his or her pay is guilty of an
24offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR

13.5 or 3.6 from an individual a person who is working on a project that is subject to
240 USC 276c.
AB409, s. 59 3Section 59. 103.50 (7) (f) of the statutes is amended to read:
AB409,28,64 103.50 (7) (f) Paragraph (a) does not apply to any person who fails to provide
5any information to the department to assist the department in determining
6prevailing wage rates or prevailing hours of labor under sub. (3) or (4).
AB409, s. 60 7Section 60. 103.50 (8) of the statutes is amended to read:
AB409,28,188 103.50 (8) Enforcement and prosecution. The department of transportation
9shall require adherence to subs. (2), (2m) and (6). The department of transportation
10may demand and examine, and it shall be the duty of every contractor, subcontractor
11and agent thereof to keep and furnish to the department of transportation, copies of
12payrolls and other records and information relating to the wages paid to persons
13described in sub. (2m) for work to which
compliance with this section applies. Upon
14request of the department of transportation or upon complaint of alleged violation,
15the district attorney of the county in which the work is located shall make such
16investigation as necessary and prosecute violations in a court of competent
17jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts
18arising in connection with any proceeding under this section.
AB409, s. 61 19Section 61. 227.01 (13) (t) of the statutes is amended to read:
AB409,28,2320 227.01 (13) (t) Ascertains and determines prevailing wage rates and prevailing
21hours of labor
under ss. 66.293, 103.49 and 103.50, except that any action or inaction
22which ascertains and determines prevailing wage rates and prevailing hours of labor
23under ss. 66.293, 103.49 and 103.50 is subject to judicial review under s. 227.40.
AB409,28,2424 (End)
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