AB32-ASA1,42 10Section 42. 103.503 (2) of the statutes is amended to read:
AB32-ASA1,17,1811 103.503 (2) Substance abuse prohibited. No employee may use, possess,
12attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
13be under the influence of alcohol, while performing the work described in s. 66.0903
14(4), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or while
15performing work on a public utility project. An employee is considered to be under
16the influence of alcohol for purposes of this subsection if he or she has an alcohol
17concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
18(d).
AB32-ASA1,43 19Section 43. 103.503 (3) (a) 2. of the statutes is amended to read:
AB32-ASA1,18,220 103.503 (3) (a) 2. A requirement that employees performing the work described
21in s. 66.0903 (4), 2013 stats., or 103.49 s. 16.856 (2m) on a project of public works or
22performing work on a public utility project submit to random, reasonable suspicion,
23and post-accident drug and alcohol testing and to drug and alcohol testing before
24commencing work on the project, except that testing of an employee before
25commencing work on a project is not required if the employee has been participating

1in a random testing program during the 90 days preceding the date on which the
2employee commenced work on the project.
AB32-ASA1,44 3Section 44. 104.001 (3) (intro.) and (b) of the statutes are consolidated,
4renumbered 104.001 (3) and amended to read:
AB32-ASA1,18,105 104.001 (3) This section does not affect any of the following: (b) An an
6ordinance that, subject to s. 66.0903, requires an employee of a county, city, village,
7or town, an employee who performs work under a contract for the provision of
8services to a county, city, village, or town, or an employee who performs work that is
9funded by financial assistance from a county, city, village, or town, to be paid at a
10minimum wage rate specified in the ordinance.
AB32-ASA1,45 11Section 45. 104.001 (3) (a) of the statutes is repealed.
AB32-ASA1,46 12Section 46. 106.04 (1) (d) of the statutes is amended to read:
AB32-ASA1,18,1513 106.04 (1) (d) "Project" means a project of public works that is subject to s.
14103.49 or 103.50 16.856 or 84.062 in which work is performed by employees employed
15in trades that are apprenticeable under this subchapter.
AB32-ASA1,47 16Section 47. 109.09 (1) of the statutes is amended to read:
AB32-ASA1,19,1317 109.09 (1) The department shall investigate and attempt equitably to adjust
18controversies between employers and employees as to alleged wage claims. The
19department may receive and investigate any wage claim which that is filed with the
20department, or received by the department under s. 109.10 (4), no later than 2 years
21after the date the wages are due. The department may, after receiving a wage claim,
22investigate any wages due from the employer against whom the claim is filed to any
23employee during the period commencing 2 years before the date the claim is filed.
24The department shall enforce this chapter and ss. s. 66.0903, 2013 stats., s. 103.49,
252013 stats., and s. 229.8275, 2013 stats., and ss. 16.856
, 103.02, 103.49, 103.82, and

1104.12, and 229.8275. In pursuance of this duty, the department may sue the
2employer on behalf of the employee to collect any wage claim or wage deficiency and
3ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
4under s. 109.10, the department may refer such an action to the district attorney of
5the county in which the violation occurs for prosecution and collection and the
6district attorney shall commence an action in the circuit court having appropriate
7jurisdiction. Any number of wage claims or wage deficiencies against the same
8employer may be joined in a single proceeding, but the court may order separate
9trials or hearings. In actions that are referred to a district attorney under this
10subsection, any taxable costs recovered by the district attorney shall be paid into the
11general fund of the county in which the violation occurs and used by that county to
12meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
13of the district attorney who prosecuted the action.
AB32-ASA1,48 14Section 48. 111.322 (2m) (a) of the statutes is amended to read:
AB32-ASA1,19,1815 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
16right under s. 103.02, 103.10, 103.13, 103.28, 103.32, 103.34, 103.455, 103.50,
17104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599 or 103.64
18to 103.82.
AB32-ASA1,49 19Section 49. 111.322 (2m) (b) of the statutes is amended to read:
AB32-ASA1,19,2320 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
21held under or to enforce any right under s. 103.02, 103.10, 103.13, 103.28, 103.32,
22103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss.
23101.58 to 101.599 or 103.64 to 103.82.
AB32-ASA1,50 24Section 50. 111.322 (2m) (c) of the statutes is amended to read:
AB32-ASA1,20,3
1111.322 (2m) (c) The individual files a complaint or attempts to enforce a right
2under s. 66.0903, 103.49, or 229.8275 16.856 or 84.062 or testifies or assists in any
3action or proceeding under s. 66.0903, 103.49, or 229.8275 16.856 or 84.062.
AB32-ASA1,51 4Section 51. 227.01 (13) (t) of the statutes is repealed.
AB32-ASA1,52 5Section 52. 229.682 (2) of the statutes is repealed.
AB32-ASA1,53 6Section 53. 229.8275 of the statutes is repealed.
AB32-ASA1,54 7Section 54. 946.15 (1) of the statutes is amended to read:
AB32-ASA1,20,228 946.15 (1) Any employer, or any agent or employee of an employer, who induces
9any person who seeks to be or is employed pursuant to a public contract , as defined
10in s. 66.0901 (1) (c), or who seeks to be or is employed on a project on which a
11prevailing wage rate determination has been issued by the department of workforce
12development under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3)
that is
13subject to s. 16.856 or 84.062
to give up, waive, or return any part of the compensation
14to which that person is entitled under his or her contract of employment or under the
15prevailing wage rate determination issued by the department
s. 16.856 or 84.062, or
16who reduces the hourly basic rate of pay normally paid to an employee for work on
17a project on which a prevailing wage rate determination has not been issued under
18s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3)
that is not subject to s. 16.856
19or 84.062
during a week in which the employee works both on a project on which a
20prevailing wage rate determination has been issued
that is subject to s. 16.856 or
2184.062
and on a project on which a prevailing wage rate determination has not been
22issued
that is not subject to s. 16.856 or 84.062, is guilty of a Class I felony.
AB32-ASA1,55 23Section 55. 946.15 (2) of the statutes is amended to read:
AB32-ASA1,21,1324 946.15 (2) Any person employed pursuant to a public contract, as defined in s.
2566.0901 (1) (c), or employed on a project on which a prevailing wage rate

1determination has been issued by the department of workforce development under
2s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3)
that is subject to s. 16.856 or
384.062
who gives up, waives, or returns to the employer or agent of the employer any
4part of the compensation to which the employee is entitled under his or her contract
5of employment or under the prevailing wage determination issued by the
6department
s. 16.856 or 84.062, or who gives up any part of the compensation to
7which he or she is normally entitled for work on a project on which a prevailing wage
8rate determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3),
9or 229.8275 (3)
that is not subject to s. 16.856 or 84.062 during a week in which the
10person works part-time on a project on which a prevailing wage rate determination
11has been issued
that is subject to s. 16.856 or 84.062 and part-time on a project on
12which a prevailing wage rate determination has not been issued
that is not subject
13to s. 16.856 or 84.062
, is guilty of a Class C misdemeanor.
AB32-ASA1,56 14Section 56. 946.15 (3) of the statutes is amended to read:
AB32-ASA1,21,2415 946.15 (3) Any employer or labor organization, or any agent or employee of an
16employer or labor organization, who induces any person who seeks to be or is
17employed on a project on which a prevailing wage rate determination has been issued
18by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50
19(3), or 229.8275 (3)
that is subject to s. 16.856 or 84.062 to permit any part of the
20wages to which that person is entitled under the prevailing wage rate determination
21issued by the department or local governmental unit
s. 16.856 or 84.062 to be
22deducted from the person's pay is guilty of a Class I felony, unless the deduction
23would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project
24that is subject to 40 USC 3142.
AB32-ASA1,57 25Section 57. 946.15 (4) of the statutes is amended to read:
AB32-ASA1,22,8
1946.15 (4) Any person employed on a project on which a prevailing wage rate
2determination has been issued by the department of workforce development under
3s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3)
that is subject to s. 16.856 or
484.062
who permits any part of the wages to which that person is entitled under the
5prevailing wage rate determination issued by the department or local governmental
6unit
s. 16.856 or 84.062 to be deducted from his or her pay is guilty of a Class C
7misdemeanor, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from
8a person who is working on a project that is subject to 40 USC 3142.
AB32-ASA1,58 9Section 58. 978.05 (6) (a) of the statutes is amended to read:
AB32-ASA1,22,2210 978.05 (6) (a) Institute, commence or appear in all civil actions or special
11proceedings under and perform the duties set forth for the district attorney under ch.
12980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 103.50 84.062 (8),
13103.92 (4), 109.09, 343.305 (9) (a), 453.08, 806.05, 938.09, 938.18, 938.355 (6) (b) and
14(6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties
15in connection with court proceedings in a court assigned to exercise jurisdiction
16under chs. 48 and 938 as the judge may request and perform all appropriate duties
17and appear if the district attorney is designated in specific statutes, including
18matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this
19paragraph limits the authority of the county board to designate, under s. 48.09 (5),
20that the corporation counsel provide representation as specified in s. 48.09 (5) or to
21designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate
22person to represent the interests of the public under s. 48.14 or 938.14.
AB32-ASA1,59 23Section 59. Nonstatutory provisions.
AB32-ASA1,23,824 (1) Using the procedure under section 227.24 of the statutes, the department
25of administration may promulgate rules under section 16.856 (7) of the statutes, as

1created by this act, for the period before the effective date of any corresponding
2permanent rules, but not to exceed the period authorized under section 227.24 (1) (c)
3of the statutes, subject to extension under section 227.24 (2) of the statutes.
4Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department
5is not required to provide evidence that promulgating a rule under this subsection
6as an emergency rule is necessary for the preservation of the public peace, health,
7safety, or welfare and is not required to provide a finding of emergency for a rule
8promulgated under this subsection.
AB32-ASA1,60 9Section 60. Initial applicability.
AB32-ASA1,23,1410 (1) This act first applies, with respect to a project of public works that is subject
11to bidding, to a project for which the request for bids is issued on the effective date
12of this subsection and, with respect to a project of public works that is not subject to
13bidding, to a project the contract for which is entered into on the effective date of this
14subsection.
AB32-ASA1,23,1715 (2) The treatment of sections 66.0903 (10) (d), 111.322 (2m) (c), and 229.8275
16of the statutes first applies to acts of discrimination that occur on the effective date
17of this subsection.
AB32-ASA1,61 18Section 61. Effective date.
AB32-ASA1,23,2019 (1) This act takes effect on January 1, 2016, or on the day after publication,
20whichever is later.
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