AB75-ASA1,698,1312 3. Moneys appropriated or held by the city to pay debt service on appropriation
13bonds or general obligation promissory notes under s. 67.12 (12).
AB75-ASA1,698,1614 4. Moneys constituting proceeds of appropriation bonds or general obligation
15promissory notes described in subd. 2. that are available for investment until they
16are spent.
AB75-ASA1,698,1717 5. Moneys held in an employee retirement system of the city.
AB75-ASA1, s. 1476 18Section 1476. 66.0603 (5) (intro.) and (a) of the statutes are amended to read:
AB75-ASA1,699,219 66.0603 (5) Delegation of investment authority in connection with pension
20financing in populous
cities and counties. (intro.) The governing board body of a
21county having a population of 500,000 or more, or a 1st class city, may delegate
22investment authority over any of the moneys described in sub. (1m) (e) or (f) to any
23of the following persons, which shall be responsible for the general administration
24and proper operation of the county's or city's employee retirement system, subject to

1the board's governing body's finding that such person has expertise in the field of
2investments:
AB75-ASA1,699,43 (a) A public board that is organized for such purpose under county or city
4ordinances.
AB75-ASA1, s. 1477 5Section 1477. 66.0721 (1) (a) of the statutes is amended to read:
AB75-ASA1,699,86 66.0721 (1) (a) "Agricultural use" has the meaning given in s. 91.01 (1) (2) and
7includes any additional agricultural uses of land, as determined by the town sanitary
8district or town.
AB75-ASA1, s. 1478 9Section 1478. 66.0721 (1) (b) of the statutes is amended to read:
AB75-ASA1,699,1710 66.0721 (1) (b) "Eligible farmland" means a parcel of 35 or more acres of
11contiguous
land which is devoted exclusively to agricultural use which during the
12year preceding the year in which the land is subject to a special assessment under
13this section produced gross farm profits, as defined in s. 71.58 (4), of not less than
14$6,000 or which, during the 3 years preceding the year in which the land is subject
15to a special assessment under this section, produced gross farm profits, as defined
16in s. 71.58 (4), of not less than $18,000
that is eligible for farmland preservation tax
17credits under ss. 71.58 to 71.61 or 71.613
.
AB75-ASA1, s. 1478v 18Section 1478v. 66.0903 (1) (d) of the statutes is amended to read:
AB75-ASA1,699,2419 66.0903 (1) (d) "Local governmental unit" means a political subdivision of this
20state, a special purpose district in this state, an instrumentality or corporation of
21such a political subdivision or special purpose district, a combination or subunit of
22any of the foregoing or an instrumentality of the state and any of the foregoing.
23"Local governmental unit" includes a regional transit authority created under s.
2466.1039.
AB75-ASA1, s. 1479 25Section 1479. 66.0903 (1) (e) of the statutes is repealed.
AB75-ASA1, s. 1480
1Section 1480. 66.0903 (1) (i) of the statutes is repealed.
AB75-ASA1, s. 1480c 2Section 1480c. 66.0903 (2) of the statutes is created to read:
AB75-ASA1,700,53 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project
4of public works erected, constructed, remodeled, repaired, or demolished for a local
5governmental unit, including all of the following:
AB75-ASA1,700,66 (a) A highway, street, or bridge construction project.
AB75-ASA1,700,107 (b) A project of public works erected, constructed, remodeled, repaired, or
8demolished by one local governmental unit for another local governmental unit
9under a contract under s. 66.0301 (2) or 83.035 or under any other statute specifically
10authorizing cooperation between local governmental units.
AB75-ASA1,700,1411 (c) A building construction project in which the completed building is leased,
12purchased, lease purchased, or otherwise acquired by, or dedicated to, a local
13governmental unit in lieu of the local governmental unit contracting for the
14construction of the building.
AB75-ASA1,700,1715 (d) A road, street, sanitary sewer, or water main project in which the completed
16road, street, sanitary sewer, or water main is dedicated to a local governmental unit
17under s. 236.13 (2) for ownership by the local governmental unit.
AB75-ASA1, s. 1480e 18Section 1480e. 66.0903 (3) (am) of the statutes is amended to read:
AB75-ASA1,701,619 66.0903 (3) (am) A local governmental unit, before making a contract by direct
20negotiation or soliciting bids on a contract, for the erection, construction, remodeling,
21repairing, or demolition of any project of public works, including a highway, street
22or bridge construction project,
shall apply to the department to determine the
23prevailing wage rate for each trade or occupation required in the work contemplated
24under contemplation in the area in which the project is located. The department
25shall conduct investigations and hold public hearings as necessary to define the

1trades or occupations that are commonly employed on projects that are subject to this
2section and to inform itself as to the prevailing wage rates in all areas of the state
3for those trades or occupations, in order to determine the prevailing wage rate for
4each trade or occupation. The department shall issue its determination within 30
5days after receiving the request and shall file the determination with the requesting
6local governmental unit.
AB75-ASA1, s. 1481 7Section 1481. 66.0903 (3) (av) of the statutes is amended to read:
AB75-ASA1,701,138 66.0903 (3) (av) In determining prevailing wage rates under par. (am) or (ar),
9the department may not use data from projects that are subject to this section, s.
1066.0904, 103.49, or 103.50 or 40 USC 276a 3142 unless the department determines
11that there is insufficient wage data in the area to determine those prevailing wage
12rates, in which case the department may use data from projects that are subject to
13this section, s. 66.0904, 103.49, or 103.50 or 40 USC 276a 3142.
AB75-ASA1, s. 1481h 14Section 1481h. 66.0903 (3) (dm) of the statutes is amended to read:
AB75-ASA1,702,815 66.0903 (3) (dm) A reference to the prevailing wage rates determined by the
16department or a local governmental unit exempted under sub. (6) and to the
17prevailing hours of labor shall be published in the notice issued for the purpose of
18securing bids for the project. If any contract or subcontract for a project of public
19works, including a highway, street or bridge construction project, is entered into, the
20prevailing wage rates determined by the department or exempted local
21governmental unit and the prevailing hours of labor shall be physically incorporated
22into and made a part of the contract or subcontract, except that for a minor
23subcontract, as determined by the department, the department shall prescribe by
24rule the method of notifying the minor subcontractor of the prevailing wage rates and
25prevailing hours of labor applicable to the minor subcontract. The prevailing wage

1rates and prevailing hours of labor applicable to a contract or subcontract may not
2be changed during the time that the contract or subcontract is in force. No person
3performing the work described in sub. (4) may be paid less than the prevailing wage
4rate in the same or most similar trade or occupation determined under this
5subsection; nor may he or she be permitted to work a greater number of hours per
6day or per week than the prevailing hours of labor, unless he or she is paid for all
7hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
8his or her hourly basic rate of pay.
AB75-ASA1, s. 1481p 9Section 1481p. 66.0903 (4) (b) 3. of the statutes is created to read:
AB75-ASA1,702,1410 66.0903 (4) (b) 3. The laborer, worker, or mechanic is employed at a commercial
11establishment that regularly supplies plumbing systems, steam or hot water
12systems, sprinkler systems, mechanical systems, or pipework and is employed in the
13fabrication of those systems or that pipework for incorporation into a project of public
14works.
AB75-ASA1, s. 1482d 15Section 1482d. 66.0903 (5) of the statutes is renumbered 66.0903 (5) (intro.)
16and amended to read:
AB75-ASA1,702,1917 66.0903 (5) Nonapplicability. (intro.) This section does not apply to any
18single-trade public works project, including a highway, street or bridge construction
19project,
of the following:
AB75-ASA1,703,3 20(a) A project of public works for which the estimated project cost of completion
21is below $30,000 or an amount determined by the department under this subsection
22or to any multiple-trade public works project, including a highway, street or bridge
23construction project, for which the estimated project cost of completion is below
24$150,000 or an amount determined by the department under this subsection. The
25department shall adjust those dollar amounts every year, the first adjustment to be

1made not sooner than December 1, 1997. The adjustments shall be in proportion to
2any change in construction costs since the effective date of the dollar amounts
3established under this subsection
$25,000.
AB75-ASA1, s. 1482f 4Section 1482f. 66.0903 (5) (b) of the statutes is created to read:
AB75-ASA1,703,65 66.0903 (5) (b) A project of public works in which the labor for the project is
6provided by unpaid volunteers.
AB75-ASA1, s. 1482h 7Section 1482h. 66.0903 (5) (c) of the statutes is created to read:
AB75-ASA1,703,88 66.0903 (5) (c) Minor service, maintenance, or warranty work.
AB75-ASA1, s. 1483f 9Section 1483f. 66.0903 (10) (am) of the statutes is created to read:
AB75-ASA1,703,2110 66.0903 (10) (am) 1. Except as provided in this subdivision, by no later than
11the end of the first week of a month following a month in which a contractor,
12subcontractor, or contractor's or subcontractor's agent performs work on a project of
13public works that is subject to this section, the contractor, subcontractor, or agent
14shall submit to the department in an electronic format a certified record of the
15information specified in par. (a) for that preceding month. This requirement does not
16apply with respect to a person performing the work described in sub. (4) who is
17covered under a collective bargaining agreement. In that case, the contractor,
18subcontractor, or agent shall submit to the department in an electronic format a copy
19of the collective bargaining agreement by no later than the end of the first week of
20the first month in which the contractor, subcontractor, or agent performs work on the
21project of public works.
AB75-ASA1,704,422 2. The department shall post on its Internet site all certified records and
23collective bargaining agreements submitted to the department under subd. 1.,
24except that the department may not post on that site the name of or any other
25personally identifiable information relating to any employee of a contractor,

1subcontractor, or agent that submits information to the department under subd. 1.
2In this subdivision, "personally identifiable information" does not include an
3employee's trade or occupation, his or her hours of work, or the wages paid for those
4hours worked.
AB75-ASA1, s. 1484 5Section 1484. 66.0903 (10) (c) of the statutes is amended to read:
AB75-ASA1,704,246 66.0903 (10) (c) If requested by any person, the department shall inspect the
7payroll records of any contractor, subcontractor, or agent performing work on a
8project that is subject to this section to ensure compliance with this section. If In the
9case of a request made by a person performing the work specified in sub. (4), if the
10department finds that
the contractor, subcontractor, or agent subject to the
11inspection is found to be in compliance and if the person making the request is a
12person performing the work specified in sub. (4)
that the request is frivolous, the
13department shall charge the person making the request the actual cost of the
14inspection. If In the case of a request made by a person not performing the work
15specified in sub. (4), if the department finds that
the contractor, subcontractor, or
16agent subject to the inspection is found to be in compliance and if the person making
17the request is not a person performing the work specified in sub. (4)
that the request
18is frivolous
, the department shall charge the person making the request $250 or the
19actual cost of the inspection, whichever is greater. In order to find that a request is
20frivolous, the department must find that the person making the request made the
21request in bad faith, solely for the purpose of harassing or maliciously injuring the
22contractor, subcontractor, or agent subject to the inspection, or that the person
23making the request knew, or should have known, that there was no reasonable basis
24for believing that a violation of this section had been committed.
AB75-ASA1, s. 1485 25Section 1485. 66.0903 (11) (b) 4. of the statutes is amended to read:
AB75-ASA1,705,6
166.0903 (11) (b) 4. Whoever induces any person who seeks to be or is employed
2on any project that is subject to this section to permit any part of the wages to which
3the person is entitled under the contract governing the project to be deducted from
4the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would
5be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that
6is subject to 40 USC 276c 3142.
AB75-ASA1, s. 1486 7Section 1486. 66.0903 (11) (b) 5. of the statutes is amended to read:
AB75-ASA1,705,138 66.0903 (11) (b) 5. Any person employed on a project that is subject to this
9section who knowingly permits any part of the wages to which he or she is entitled
10under the contract governing the project to be deducted from his or her pay is guilty
11of an offense under s. 946.15 (4), unless the deduction would be permitted under 29
12CFR 3.5
or 3.6 from a person who is working on a project that is subject to 40 USC
13276c
3142.
AB75-ASA1, s. 1487 14Section 1487. 66.0904 of the statutes is created to read:
AB75-ASA1,705,16 1566.0904 Wage rates; publicly funded private construction projects. (1)
16Definitions. In this section:
AB75-ASA1,706,217 (a) "Area" means the county in which a proposed publicly funded private
18construction project that is subject to this section is located or, if the department
19determines that there is insufficient wage data in that county, "area" means those
20counties that are contiguous to that county or, if the department determines that
21there is insufficient wage data in those counties, "area" means those counties that
22are contiguous to those counties or, if the department determines that there is
23insufficient wage data in those counties, "area" means the entire state or, if the
24department is requested to review a determination under sub. (4) (e), "area" means

1the city, village, or town in which a proposed publicly funded private construction
2project that is subject to this section is located.
AB75-ASA1,706,33 (b) "Department" means the department of workforce development.
AB75-ASA1,706,84 (c) "Financial assistance" means any grant, cooperative agreement, loan,
5contract, other than a public works contract, a supply procurement contract, a
6contract of insurance or guaranty, or a collective bargaining agreement, or any other
7arrangement by which a local governmental unit provides or otherwise makes
8available direct assistance in any of the following forms:
AB75-ASA1,706,99 1. Funding.
AB75-ASA1,706,1210 2. A transfer or lease of real or personal property of the local governmental unit
11or of any interest in or permission to use, other than on a casual or transient basis,
12that property for less than fair market value or for reduced consideration.
AB75-ASA1,706,1613 3. Proceeds from a subsequent transfer or lease of real or personal property
14transferred or leased from the local governmental unit, if the local governmental
15unit's share of the fair market value of the property is not returned to the local
16governmental unit.
AB75-ASA1,706,1917 4. A redevelopment contract, economic development agreement, revenue
18agreement under s. 66.1103, contract under s. 66.1105 (3) or 66.1333 (5), or
19assistance provided under s. 66.1109.
AB75-ASA1,706,2020 (d) "Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
AB75-ASA1,706,2121 (e) "Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
AB75-ASA1,706,2222 (f) "Local governmental unit" has the meaning given in s. 66.0903 (1) (d).
AB75-ASA1,706,2323 (g) "Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
AB75-ASA1,707,524 (h) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or
25occupation engaged in the erection, construction, remodeling, repairing, or

1demolition of any publicly funded private construction project in any area means the
2hourly basic rate of pay, plus the hourly contribution for health insurance benefits,
3vacation benefits, pension benefits, and any other bona fide economic benefit, paid
4directly or indirectly, for a majority of the hours worked in the trade or occupation
5on projects in the area.
AB75-ASA1,707,156 2. If there is no rate at which a majority of the hours worked in the trade or
7occupation on projects in the area is paid, "prevailing wage rate" for any trade or
8occupation engaged in the erection, construction, remodeling, repairing, or
9demolition of any publicly funded private construction project in any area means the
10average hourly basic rate of pay, weighted by the number of hours worked, plus the
11average hourly contribution, weighted by the number of hours worked, for health
12insurance benefits, vacation benefits, pension benefits, and any other bona fide
13economic benefit, paid directly or indirectly for all hours worked at the hourly basic
14rate of pay of the highest-paid 51 percent of hours worked in that trade or occupation
15on projects in that area.
AB75-ASA1,707,2116 (im) "Publicly funded private construction project" means a project involving
17the erection, construction, repair, remodeling, demolition, or improvement of a
18private facility that receives direct financial assistance from a local governmental
19unit. "Publicly funded private construction project" does not include a project of
20public works that is subject to s. 66.0903 or a housing project involving the erection,
21construction, repair, remodeling, demolition, or improvement of any of the following:
AB75-ASA1,707,2422 1. An owner-occupied residential property, if the project is supported by
23affordable housing grants, home improvement grants, or grants from a local housing
24trust fund.
AB75-ASA1,707,2525 2. A residential property containing 4 dwelling units or less.
AB75-ASA1,708,2
13. A facility that contains no retail, office, or commercial components, if the
2project is intended to increase the supply of affordable housing in a community.
AB75-ASA1,708,33 (j) "Truck driver" has the meaning given in s. 103.49 (1) (g).
AB75-ASA1,708,15 4(2) Prevailing wage rates and hours of labor. (a) Any owner or developer of
5real property who enters into a contract for the erection, construction, remodeling,
6repairing, or demolition of any publicly funded private construction project on that
7real property shall include in the contract a stipulation that no person performing
8the work described in sub. (3) may be permitted to work a greater number of hours
9per day or per week than the prevailing hours of labor, except that any such person
10may be permitted or required to work more than the prevailing hours of labor per day
11and per week if he or she is paid for all hours worked in excess of the prevailing hours
12of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he
13or she be paid less than the prevailing wage rate determined under sub. (4) in the
14same or most similar trade or occupation in the area in which the publicly funded
15private construction project is situated.
AB75-ASA1,709,216 (b) A reference to the prevailing wage rates determined under sub. (4) and the
17prevailing hours of labor shall be published in any notice issued for the purpose of
18securing bids for the publicly funded private construction project. If any contract or
19subcontract for a publicly funded private construction project that is subject to this
20section is entered into, the prevailing wage rates determined under sub. (4) and the
21prevailing hours of labor shall be physically incorporated into and made a part of the
22contract or subcontract, except that for a minor subcontract, as determined by the
23department, the department shall prescribe by rule the method of notifying the
24minor subcontractor of the prevailing wage rates and prevailing hours of labor
25applicable to the minor subcontract. The prevailing wage rates and prevailing hours

1of labor applicable to a contract or subcontract may not be changed during the time
2that the contract or subcontract is in force.
AB75-ASA1,709,7 3(3) Covered employees. (a) Subject to par. (b), all of the following employees
4shall be paid the prevailing wage rate determined under sub. (4) and may not be
5permitted to work a greater number of hours per day or per week than the prevailing
6hours of labor, unless they are paid for all hours worked in excess of the prevailing
7hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
AB75-ASA1,709,98 1. All laborers, workers, mechanics, and truck drivers employed on the site of
9a publicly funded private construction project that is subject to this section.
AB75-ASA1,709,1510 2. All laborers, workers, mechanics, and truck drivers employed in the
11manufacturing or furnishing of materials, articles, supplies, or equipment on the site
12of a publicly funded private construction project that is subject to this section or from
13a facility dedicated exclusively, or nearly so, to a publicly funded private construction
14project that is subject to this section by a contractor, subcontractor, agent, or other
15person performing any work on the site of the project.
AB75-ASA1,709,2216 (b) Notwithstanding par. (a) 1., a laborer, worker, mechanic, or truck driver who
17is regularly employed to process, manufacture, pick up, or deliver materials or
18products from a commercial establishment that has a fixed place of business from
19which the establishment regularly supplies processed or manufactured materials or
20products is not entitled to receive the prevailing wage rate determined under sub.
21(4) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
22worked in excess of the prevailing hours of labor unless any of the following apply:
AB75-ASA1,710,423 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
24of mineral aggregate such as sand, gravel, or stone that is to be immediately
25incorporated into the work, and not stockpiled or further transported by truck, pick

1up that mineral aggregate, and deliver that mineral aggregate to the site of a publicly
2funded private construction project that is subject to this section by depositing the
3material substantially in place, directly or through spreaders from the transporting
4vehicle.
AB75-ASA1,710,85 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
6of a publicly funded private construction project that is subject to this section, pick
7up excavated material or spoil from the site of the project, and transport that
8excavated material or spoil away from the site of the project.
AB75-ASA1,710,129 3. The laborer, worker, or mechanic is employed at a commercial establishment
10that regularly supplies plumbing systems, steam or hot water systems, sprinkler
11systems, mechanical systems, or pipework and is employed in the fabrication of those
12systems or that pipework for incorporation into a project of public works.
AB75-ASA1,710,1413 (c) A truck driver who is an owner-operator of a truck shall be paid separately
14for his or her work and for the use of his or her truck.
AB75-ASA1,711,7 15(4) Investigation; determination. (a) Before the owner or developer of any
16publicly funded private construction project enters into a contract or solicits bids on
17a contract for the performance of any work to which this section applies, the owner
18or developer shall apply to the department to determine the prevailing wage rate for
19each trade or occupation required in the work under contemplation in the area in
20which the project is located. The department shall conduct investigations and hold
21public hearings as necessary to define the trades or occupations that are commonly
22employed on publicly funded private construction projects that are subject to this
23section and to inform itself as to the prevailing wage rates in all areas of the state
24for those trades or occupations in order to determine the prevailing wage rate for
25each trade or occupation. The department shall issue its determination within 30

1days after receiving the request and shall file the determination with the owner or
2developer applying for the determination and with the local governmental unit
3providing financial assistance for the project. For the information of the employes
4working on the project, the prevailing wage rates determined by the department, the
5prevailing hours of labor, and the provisions of subs. (2) and (9) shall be kept posted
6by the owner or developer in at least one conspicuous and easily accessible place on
7the site of the project.
AB75-ASA1,711,158 (b) The department shall, by January 1 of each year, compile the prevailing
9wage rates for each trade or occupation in each area. The compilation shall, in
10addition to the current prevailing wage rates, include future prevailing wage rates
11when those prevailing wage rates can be determined for any trade or occupation in
12any area and shall specify the effective date of those future prevailing wage rates.
13If a publicly funded private construction project that is subject to this section extends
14into more than one area there shall be but one standard of prevailing wage rates for
15the entire private construction project.
AB75-ASA1,711,2116 (c) In determining prevailing wage rates under par. (a) or (b), the department
17may not use data from projects that are subject to this section, s. 66.0903, 103.49, or
18103.50 or 40 USC 3142 unless the department determines that there is insufficient
19wage data in the area to determine those prevailing wage rates, in which case the
20department may use data from projects that are subject to this section, s. 66.0903,
21103.49, or 103.50 or 40 USC 3142.
AB75-ASA1,712,522 (d) Any person may request a recalculation of any portion of an initial
23determination within 30 days after the initial determination date if the person
24submits evidence with the request showing that the prevailing wage rate for any
25given trade or occupation included in the initial determination does not represent the

1prevailing wage rate for that trade or occupation in the area. The evidence shall
2include wage rate information reflecting work performed by persons working in the
3contested trade or occupation in the area during the current survey period. The
4department shall affirm or modify the initial determination within 15 days after the
5date on which the department receives the request for recalculation.
AB75-ASA1,712,196 (e) In addition to the recalculation under par. (d), the owner or developer that
7requested the determination under this subsection may request a review of any
8portion of the determination within 30 days after the date of issuance of the
9determination if the owner or developer submits evidence with the request showing
10that the prevailing wage rate for any given trade or occupation included in the
11determination does not represent the prevailing wage rate for that trade or
12occupation in the city, village, or town in which the proposed publicly funded private
13construction project is located. That evidence shall include wage rate information
14for the contested trade or occupation on at least 3 similar projects located in the city,
15village, or town where the proposed publicly funded private construction project is
16located on which some work has been performed during the current survey period
17and which were considered by the department in issuing its most recent compilation
18under par. (b). The department shall affirm or modify the determination within 15
19days after the date on which the department receives the request for review.
AB75-ASA1,712,20 20(5) Nonapplicability. This section does not apply to any of the following:
AB75-ASA1,712,2221 (a) A publicly funded private construction project that receives less than
22$1,000,000 in direct financial assistance from a local governmental unit.
AB75-ASA1,712,2423 (b) A publicly funded private construction project in which the labor for the
24project is provided by unpaid volunteers.
AB75-ASA1,712,2525 (c) Minor service, maintenance, or warranty work.
AB75-ASA1,713,7
1(6) Exemptions. The department, upon petition of any owner or developer
2contracting for a publicly funded private construction project that is subject to this
3section, shall issue an order exempting the owner or developer from applying to the
4department for a determination under sub. (4) when it is shown that the project is
5also subject to an ordinance or other enactment of a local governmental unit that sets
6forth standards, policy, procedure, and practice resulting in standards as high or
7higher than those under this section.
AB75-ASA1,713,16 8(7) Compliance. (a) When the department finds that an owner or developer
9has not requested a determination under sub. (4) (a) or that an owner, developer,
10contractor, or subcontractor has not physically incorporated a determination into a
11contract or subcontract as required under sub. (2) (b) or has not notified a minor
12subcontractor of a determination in the manner prescribed by the department by
13rule promulgated under sub. (2) (b), the department shall notify the owner,
14developer, contractor, or subcontractor of the noncompliance and shall file the
15determination with the owner, developer, contractor, or subcontractor within 30 days
16after the notice.
AB75-ASA1,713,2217 (b) Upon completion of a publicly funded private construction project that is
18subject to this section and before receiving final payment for his or her work on the
19private construction project, each agent or subcontractor shall furnish the contractor
20with an affidavit stating that the agent or subcontractor has complied fully with the
21requirements of this section. A contractor may not authorize final payment until the
22affidavit is filed in proper form and order.
AB75-ASA1,714,1323 (c) Upon completion of a publicly funded private construction project that is
24subject to this section and before receiving final payment for his or her work on the
25project, each contractor shall file with the owner or developer contracting for the

1work an affidavit stating that the contractor has complied fully with the
2requirements of this section and that the contractor has received an affidavit under
3par. (b) from each of the contractor's agents and subcontractors. An owner or
4developer may not authorize a final payment until the affidavit is filed in proper form
5and order. If an owner or developer authorizes a final payment before the affidavit
6is filed in proper form and order or if the department determines, based on the
7greater weight of the credible evidence, that any person performing the work
8specified in sub. (3) has been or may have been paid less than the prevailing wage
9rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess
10of the prevailing hours of labor and requests that the owner or developer withhold
11all or part of the final payment, but the owner or developer fails to do so, the owner
12or developer is liable for all back wages payable up to the amount of the final
13payment.
AB75-ASA1,714,19 14(8) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
15agent performing work on a publicly funded private construction project that is
16subject to this section shall keep full and accurate records clearly indicating the
17name and trade or occupation of every person performing the work described in sub.
18(3) and an accurate record of the number of hours worked by each of those persons
19and the actual wages paid for the hours worked.
AB75-ASA1,715,620 (am) 1. Except as provided in this subdivision, by no later than the end of the
21first week of a month following a month in which a contractor, subcontractor, or
22contractor's or subcontractor's agent performs work on a publicly funded private
23construction project that is subject to this section, the contractor, subcontractor, or
24agent shall submit to the department in an electronic format a certified record of the
25information specified in par. (a) for that preceding month. This requirement does not

1apply with respect to a person performing the work described in sub. (3) who is
2covered under a collective bargaining agreement. In that case, the contractor,
3subcontractor, or agent shall submit to the department in an electronic format a copy
4of the collective bargaining agreement by no later than the end of the first week of
5the first month in which the contractor, subcontractor, or agent performs work on the
6project of public works.
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