SB696, s. 14 16Section 14. 66.0903 (5) (c) of the statutes, as created by 2009 Wisconsin Act
1728
, is repealed.
SB696, s. 15 18Section 15. 66.0903 (10) (am) of the statutes, as created by 2009 Wisconsin Act
1928
, is repealed.
SB696, s. 16 20Section 16. 66.0903 (10) (c) of the statutes, as affected by 2009 Wisconsin Act
2128
, is amended to read:
SB696,8,1322 66.0903 (10) (c) If requested by any person, the department shall inspect the
23payroll records of any contractor, subcontractor, or agent performing work on a
24project of public works that is subject to this section to ensure compliance with this
25section. In the case of a request made by a person performing the work specified in

1sub. (4), if the department finds that the contractor, subcontractor, or agent subject
2to the inspection is in compliance and that the request is frivolous, the department
3shall charge the person making the request the actual cost of the inspection. In the
4case of a request made by a person not performing the work specified in sub. (4), if
5the department finds that the contractor, subcontractor, or agent subject to the
6inspection is in compliance and that the request is frivolous, the department shall
7charge the person making the request $250 or the actual cost of the inspection,
8whichever is greater. In order to find that a request is frivolous, the department must
9find that the person making the request made the request in bad faith, solely for the
10purpose of harassing or maliciously injuring the contractor, subcontractor, or agent
11subject to the inspection, or that the person making the request knew, or should have
12known, that there was no reasonable basis for believing that a violation of this
13section had been committed.
SB696, s. 17 14Section 17. 66.0903 (11) (a) 1., 3. and 5. of the statutes, as affected by 2009
15Wisconsin Act 28
, are consolidated, renumbered 66.0903 (11) (a) and amended to
16read:
SB696,9,1417 66.0903 (11) (a) Any contractor, subcontractor, or contractor's or
18subcontractor's agent who fails to pay the prevailing wage rate determined by the
19department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
20pay for all hours worked in excess of the prevailing hours of labor is liable to any
21affected employee in the amount of his or her unpaid wages or his or her unpaid
22overtime compensation and in an additional amount as liquidated damages as
23provided under subd. 2., 3., whichever is applicable. 3. In addition to or in lieu of
24recovering the liability specified in subd. 1. as provided in subd. 2., any
. An action
25to recover the liability may be maintained in any court of competent jurisdiction by

1any
employee for and in behalf of that employee and other employees similarly
2situated may commence an action to recover that liability in any court of competent
3jurisdiction. If the court finds that a contractor, subcontractor, or contractor's or
4subcontractor's agent has failed to pay the prevailing wage rate determined by the
5department under sub. (3) or has paid less than 1.5 times the hourly basic rate of pay
6for all hours worked in excess of the prevailing hours of labor, the court shall order
7the contractor, subcontractor, or agent to pay to any affected employee the amount
8of his or her unpaid wages or his or her unpaid overtime compensation and an
9additional amount equal to 100 percent of the amount of those unpaid wages or that
10unpaid overtime compensation as liquidated damages. 5
. No employee may be a
11party plaintiff to an the action under subd. 3. unless the employee consents in writing
12to become a party and the consent is filed in the court in which the action is brought.
13Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded
14to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.
SB696, s. 18 15Section 18. 66.0903 (11) (a) 2. of the statutes, as created by 2009 Wisconsin
16Act 28
, is repealed.
SB696, s. 19 17Section 19. 66.0904 of the statutes, as created by 2009 Wisconsin Act 28, is
18repealed.
SB696, s. 20 19Section 20. 103.49 (1) (am) of the statutes, as created by 2009 Wisconsin Act
2028
, is repealed.
SB696, s. 21 21Section 21. 103.49 (1) (bj) of the statutes, as created by 2009 Wisconsin Act
2228
, is repealed.
SB696, s. 22 23Section 22. 103.49 (1) (br) of the statutes is created to read:
SB696,10,3
1103.49 (1) (br) "Multiple-trade project of public works" means a project of
2public works in which no single trade accounts for 85 percent or more of the total
3labor cost of the project.
SB696, s. 23 4Section 23. 103.49 (1) (em) of the statutes is created to read:
SB696,10,75 103.49 (1) (em) "Single-trade project of public works" means a project of public
6works in which a single trade accounts for 85 percent or more of the total labor cost
7of the project.
SB696, s. 24 8Section 24. 103.49 (1) (fm) of the statutes, as created by 2009 Wisconsin Act
928
, is repealed.
SB696, s. 25 10Section 25. 103.49 (1m) of the statutes, as created by 2009 Wisconsin Act 28,
11is repealed.
SB696, s. 26 12Section 26. 103.49 (2) of the statutes, as affected by 2009 Wisconsin Act 28,
13is amended to read:
SB696,11,1114 103.49 (2) Prevailing wage rates and hours of labor. Any contract made for
15the erection, construction, remodeling, repairing, or demolition of any project of
16public works to which the state or any state agency is a party, except a contract for
17the construction or maintenance of a public highway, street, or bridge,
shall contain
18a stipulation that no person performing the work described in sub. (2m) may be
19permitted to work a greater number of hours per day or per week than the prevailing
20hours of labor, except that any such person may be permitted or required to work
21more than such prevailing hours of labor per day and per week if he or she is paid
22for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5
23times his or her hourly basic rate of pay; nor may he or she be paid less than the
24prevailing wage rate determined under sub. (3) in the same or most similar trade or
25occupation in the area in which the project of public works is situated. A reference

1to the prevailing wage rates determined under sub. (3) and the prevailing hours of
2labor shall be published in the notice issued for the purpose of securing bids for the
3project. If any contract or subcontract for a project of public works that is subject to
4this section is entered into, the prevailing wage rates determined under sub. (3) and
5the prevailing hours of labor shall be physically incorporated into and made a part
6of the contract or subcontract, except that for a minor subcontract, as determined by
7the department, the department shall prescribe by rule the method of notifying the
8minor subcontractor of the prevailing wage rates and prevailing hours of labor
9applicable to the minor subcontract. The prevailing wage rates and prevailing hours
10of labor applicable to a contract or subcontract may not be changed during the time
11that the contract or subcontract is in force.
SB696, s. 27 12Section 27. 103.49 (3) (ar) of the statutes, as affected by 2009 Wisconsin Act
1328
, is amended to read:
SB696,11,1914 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the
15department may not use data from projects that are subject to this section, s. 66.0903,
1666.0904, 103.50, or 229.8275, or 40 USC 3142 unless the department determines that
17there is insufficient wage data in the area to determine those prevailing wage rates,
18in which case the department may use data from projects that are subject to this
19section, s. 66.0903, 66.0904, 103.50, or 229.8275 , or 40 USC 3142.
SB696, s. 28 20Section 28. 103.49 (3g) (intro.) and (a) of the statutes, as affected by 2009
21Wisconsin Act 28
, are consolidated, renumbered 103.49 (3g) and amended to read:
SB696,12,222 103.49 (3g) Nonapplicability. This section does not apply to any of the
23following: (a) A
single-trade project of public works for which the estimated project
24cost of completion is less than $25,000 $48,000 or an amount determined by the
25department under s. 66.0903 (5) or to any multiple-trade project of public works for

1which the estimated project cost of completion is less than $234,000 or an amount
2determined by the department under s. 66.0903 (5)
.
SB696, s. 29 3Section 29. 103.49 (3g) (b) of the statutes, as created by 2009 Wisconsin Act
428
, is repealed.
SB696, s. 30 5Section 30. 103.49 (3g) (c) of the statutes, as created by 2009 Wisconsin Act
628
, is repealed.
SB696, s. 31 7Section 31. 103.49 (5) (am) of the statutes, as created by 2009 Wisconsin Act
828
, is repealed.
SB696, s. 32 9Section 32. 103.49 (5) (c) of the statutes, as affected by 2009 Wisconsin Act 28,
10is amended to read:
SB696,13,211 103.49 (5) (c) If requested by any person, the department shall inspect the
12payroll records of any contractor, subcontractor, or agent performing work on a
13project of public works that is subject to this section to ensure compliance with this
14section. In the case of a request made by a person performing the work specified in
15sub. (2m), if the department finds that the contractor, subcontractor, or agent subject
16to the inspection is in compliance and that the request is frivolous, the department
17shall charge the person making the request the actual cost of the inspection. In the
18case of a request made by a person not performing the work specified in sub. (2m),
19if the department finds that the contractor, subcontractor, or agent subject to the
20inspection is in compliance and that the request is frivolous, the department shall
21charge the person making the request $250 or the actual cost of the inspection,
22whichever is greater. In order to find that a request is frivolous, the department must
23find that the person making the request made the request in bad faith, solely for the
24purpose of harassing or maliciously injuring the contractor, subcontractor, or agent
25subject to the inspection, or that the person making the request knew, or should have

1known, that there was no reasonable basis for believing that a violation of this
2section had been committed.
SB696, s. 33 3Section 33. 103.49 (6m) (ag) of the statutes, as created by 2009 Wisconsin Act
428
, is repealed.
SB696, s. 34 5Section 34. 103.50 (4m) of the statutes, as affected by 2009 Wisconsin Act 28,
6is amended to read:
SB696,13,97 103.50 (4m) Wage rate data. In determining prevailing wage rates for projects
8that are subject to this section, the department shall use data from projects that are
9subject to this section, s. 66.0903, 66.0904, or 103.49, or 40 USC 3142.
SB696, s. 35 10Section 35. 103.503 (title) of the statutes, as affected by 2009 Wisconsin Act
1128
, is amended to read:
SB696,13,13 12103.503 (title) Substance abuse prevention on public works and
13publicly funded
projects.
SB696, s. 36 14Section 36. 103.503 (1) (a) of the statutes, as affected by 2009 Wisconsin Act
1528
, is amended to read:
SB696,13,2016 103.503 (1) (a) "Accident" means an incident caused, contributed to, or
17otherwise involving an employee that resulted or could have resulted in death,
18personal injury, or property damage and that occurred while the employee was
19performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a
20project.
SB696, s. 37 21Section 37. 103.503 (1) (c) of the statutes, as affected by 2009 Wisconsin Act
2228
, is amended to read:
SB696,14,223 103.503 (1) (c) "Contracting agency" means a local governmental unit, as
24defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 (1) (f), or an

1owner or developer under s. 66.0904
that has contracted for the performance of work
2on a project.
SB696, s. 38 3Section 38. 103.503 (1) (e) of the statutes, as affected by 2009 Wisconsin Act
428
, is amended to read:
SB696,14,75 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
6who performs the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a
7project.
SB696, s. 39 8Section 39. 103.503 (1) (g) of the statutes, as affected by 2009 Wisconsin Act
928
, is amended to read:
SB696,14,1210 103.503 (1) (g) "Project" mean a project of public works that is subject to s.
1166.0903 or 103.49 or a publicly funded private construction project that is subject to
12s. 66.0904
.
SB696, s. 40 13Section 40. 103.503 (2) of the statutes, as affected by 2009 Wisconsin Act 28,
14is amended to read:
SB696,14,2115 103.503 (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), 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under
19the influence of alcohol for purposes of this subsection if he or she has an alcohol
20concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
21(d).
SB696, s. 41 22Section 41. 103.503 (3) (a) 2. of the statutes, as affected by 2009 Wisconsin Act
2328
, is amended to read:
SB696,15,524 103.503 (3) (a) 2. A requirement that employees performing the work described
25in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random,

1reasonable suspicion, and post-accident drug and alcohol testing and to drug and
2alcohol testing before commencing work on a project, except that testing of an
3employee before commencing work on a project is not required if the employee has
4been participating in a random testing program during the 90 days preceding the
5date on which the employee commenced work on the project.
SB696, s. 42 6Section 42. 104.001 (3) (am) of the statutes, as created by 2009 Wisconsin Act
728
, is repealed.
SB696, s. 43 8Section 43. 109.09 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
9is amended to read:
SB696,16,510 109.09 (1) The department shall investigate and attempt equitably to adjust
11controversies between employers and employees as to alleged wage claims. The
12department may receive and investigate any wage claim which is filed with the
13department, or received by the department under s. 109.10 (4), no later than 2 years
14after the date the wages are due. The department may, after receiving a wage claim,
15investigate any wages due from the employer against whom the claim is filed to any
16employee during the period commencing 2 years before the date the claim is filed.
17The department shall enforce this chapter and ss. 66.0903, 66.0904, 103.02, 103.49,
18103.82, 104.12, and 229.8275. In pursuance of this duty, the department may sue the
19employer on behalf of the employee to collect any wage claim or wage deficiency and
20ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
21under s. 109.10, the department may refer such an action to the district attorney of
22the county in which the violation occurs for prosecution and collection and the
23district attorney shall commence an action in the circuit court having appropriate
24jurisdiction. Any number of wage claims or wage deficiencies against the same
25employer may be joined in a single proceeding, but the court may order separate

1trials or hearings. In actions that are referred to a district attorney under this
2subsection, any taxable costs recovered by the district attorney shall be paid into the
3general fund of the county in which the violation occurs and used by that county to
4meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
5of the district attorney who prosecuted the action.
SB696, s. 44 6Section 44. 111.322 (2m) (c) of the statutes, as affected by 2009 Wisconsin Act
728
, is amended to read:
SB696,16,108 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right
9under s. 66.0903, 66.0904, 103.49, or 229.8275 or testifies or assists in any action or
10proceeding under s. 66.0903, 66.0904, 103.49, or 229.8275.
SB696, s. 45 11Section 45. 227.01 (13) (t) of the statutes, as affected by 2009 Wisconsin Act
1228
, is amended to read:
SB696,16,1613 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss.
1466.0903, 66.0904, 103.49, 103.50, and 229.8275, except that any action or inaction
15which ascertains and determines prevailing wage rates under ss. 66.0903, 66.0904,
16103.49, 103.50, and 229.8275 is subject to judicial review under s. 227.40.
SB696, s. 46 17Section 46. 946.15 (title) of the statutes, as affected by 2009 Wisconsin Act 28,
18is amended to read:
SB696,16,20 19946.15 (title) Public and publicly funded construction contracts at less
20than full rate.
SB696, s. 47 21Section 47. 946.15 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
22is amended to read:
SB696,17,1223 946.15 (1) Any employer, or any agent or employee of an employer, who induces
24any person who seeks to be or is employed pursuant to a public contract as defined
25in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing

1wage rate determination has been issued by the department of workforce
2development under s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3)
3or by a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6)
4or 66.0904 (6) to give up, waive, or return any part of the compensation to which that
5person is entitled under his or her contract of employment or under the prevailing
6wage rate determination issued by the department or local governmental unit, or
7who reduces the hourly basic rate of pay normally paid to an employee for work on
8a project on which a prevailing wage rate determination has not been issued under
9s. 66.0903 (3) or (6), 66.0904 (4) or (6), 103.49 (3), 103.50 (3), or 229.8275 (3) during
10a week in which the employee works both on a project on which a prevailing wage
11rate determination has been issued and on a project on which a prevailing wage rate
12determination has not been issued, is guilty of a Class I felony.
SB696, s. 48 13Section 48. 946.15 (2) of the statutes, as affected by 2009 Wisconsin Act 28,
14is amended to read:
SB696,18,415 946.15 (2) Any person employed pursuant to a public contract as defined in s.
1666.0901 (1) (c) or employed on a project on which a prevailing wage rate
17determination has been issued by the department of workforce development under
18s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local
19governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904
20(6) who gives up, waives, or returns to the employer or agent of the employer any part
21of the compensation to which the employee is entitled under his or her contract of
22employment or under the prevailing wage determination issued by the department
23or local governmental unit, or who gives up any part of the compensation to which
24he or she is normally entitled for work on a project on which a prevailing wage rate
25determination has not been issued under s. 66.0903 (3) or (6), 66.0904 (4) or (6),

1103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the person works
2part-time on a project on which a prevailing wage rate determination has been
3issued and part-time on a project on which a prevailing wage rate determination has
4not been issued, is guilty of a Class C misdemeanor.
SB696, s. 49 5Section 49. 946.15 (3) of the statutes, as affected by 2009 Wisconsin Act 28,
6is amended to read:
SB696,18,167 946.15 (3) Any employer or labor organization, or any agent or employee of an
8employer or labor organization, who induces any person who seeks to be or is
9employed on a project on which a prevailing wage rate determination has been issued
10by the department of workforce development under s. 66.0903 (3), 66.0904 (4), 103.49
11(3), 103.50 (3), or 229.8275 (3) or by a local governmental unit, as defined in s. 66.0903
12(1) (d), under s. 66.0903 (6) or 66.0904 (6) to permit any part of the wages to which
13that person is entitled under the prevailing wage rate determination issued by the
14department or local governmental unit to be deducted from the person's pay is guilty
15of a Class I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6
16from a person who is working on a project that is subject to 40 USC 3142.
SB696, s. 50 17Section 50. 946.15 (4) of the statutes, as affected by 2009 Wisconsin Act 28,
18is amended to read:
SB696,19,219 946.15 (4) Any person employed on a project on which a prevailing wage rate
20determination has been issued by the department of workforce development under
21s. 66.0903 (3), 66.0904 (4), 103.49 (3), 103.50 (3), or 229.8275 (3) or by a local
22governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) or 66.0904
23(6)
who permits any part of the wages to which that person is entitled under the
24prevailing wage rate determination issued by the department or local governmental
25unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the

1deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working
2on a project that is subject to 40 USC 3142.
SB696, s. 51 3Section 51. Nonstatutory provisions.
SB696,19,124 (1) Prevailing wage applicability; legislative intent. The treatment of
5sections 66.0903 (1) (dr) and (im), (2), (3) (am) and (dm), and (5) (b) and (c) and 103.49
6(1) (bj) and (fm), (1m), (2), and (3g) (b) and (c) of the statutes by this act is intended
7to restate, clarify, and affirm the intent, interpretation, and enforcement of section
866.0903 of the statutes, as affected by 2009 Wisconsin Act 28, and section 103.49 of
9the statutes, as affected by 2009 Wisconsin Act 28, with respect to the types of
10projects of public works described in those provisions. No expansion, contraction, or
11other change in that intent, interpretation, or enforcement is intended by the
12treatment of those provisions.
SB696, s. 52 13Section 52. Initial applicability.
SB696,19,2214 (1) Prevailing wages and hours on publicly funded private projects. The
15treatment of sections 19.36 (12), 66.0903 (3) (av), 66.0904, 103.49 (3) (ar), 103.50
16(4m), 103.503 (title), (1) (a), (c), (e), and (g), (2), and (3) (a) 2., 104.001 (3) (am), 109.09
17(1), 111.322 (2m) (c), 227.01 (13) (t), and 946.15 (title), (1), (2), (3), and (4) of the
18statutes first applies to a project proposal, including a preliminary plat or final plat
19under chapter 236 of the statutes, for a publicly funded private construction project,
20as defined in section 66.0904 (1) (i) of the statutes, as created by 2009 Wisconsin Act
2128
, submitted to a local governmental unit for approval on the effective date of this
22subsection.
SB696,19,2523 (2) Inspection of payroll records. The treatment of sections 66.0903 (10) (c)
24and 103.49 (5) (c) of the statutes first applies to requests for the inspection of payroll
25records made on the effective date of this subsection.
SB696,20,6
1(3) Prevailing wage records. The treatment of sections 66.0903 (10) (am) and
2103.49 (5) (am) of the statutes first applies to work performed on the effective date
3of this subsection, except that, if that work is performed under a contract that
4contains provisions that are inconsistent with those sections, the treatment of those
5sections first applies to work performed on the day on which that contract expires or
6is extended, modified, or renewed.
SB696,20,97 (4) Prevailing wage; remedies. The treatment of sections 66.0903 (11) (a) 1.,
82., 3., and 5. and 103.49 (6m) (ag) of the statutes first applies to hours worked on the
9effective date of this subsection.
SB696,20,1010 (End)
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