AB748-SA2,109,1412 (g) A project of public works involving the erection, construction, repair,
13remodeling, or demolition of a residential property containing 2 dwelling units or
14less.
AB748-SA2,109,1915 (h) A road, street, bridge, sanitary sewer, or water main project that is a part
16of a development in which not less than 90 percent of the lots contain or will contain
172 dwelling units or less, as determined by the local governmental unit at the time of
18approval of the development, and that, on completion, is acquired by, or dedicated to,
19the state for ownership or maintenance by the state.
AB748-SA2,110,2 20(4r) Compliance. (a) When the department finds that a state agency has not
21requested a determination under sub. (3) (a) or that a state agency, contractor, or
22subcontractor has not physically incorporated a determination into a contract or
23subcontract as required under sub. (2) or has not notified a minor subcontractor of
24a determination in the manner prescribed by the department by rule promulgated
25under sub. (2), the department shall notify the state agency, contractor or

1subcontractor of the noncompliance and shall file the determination with the state
2agency, contractor, or subcontractor within 30 days after such notice.
AB748-SA2,110,73 (b) Upon completion of a project of public works and before receiving final
4payment for his or her work on the project, each agent or subcontractor shall furnish
5the contractor with an affidavit stating that the agent or subcontractor has complied
6fully with the requirements of this section. A contractor may not authorize final
7payment until the affidavit is filed in proper form and order.
AB748-SA2,110,218 (c) Upon completion of a project of public works and before receiving final
9payment for his or her work on the project, each contractor shall file with the state
10agency authorizing the work an affidavit stating that the contractor has complied
11fully with the requirements of this section and that the contractor has received an
12affidavit under par. (b) from each of the contractor's agents and subcontractors. A
13state agency may not authorize a final payment until the affidavit is filed in proper
14form and order. If a state agency authorizes a final payment before an affidavit is
15filed in proper form and order or if the department determines, based on the greater
16weight of the credible evidence, that any person performing the work specified in sub.
17(2m) has been or may have been paid less than the prevailing wage rate or less than
181.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
19hours of labor and requests that the state agency withhold all or part of the final
20payment, but the state agency fails to do so, the state agency is liable for all back
21wages payable up to the amount of the final payment.
AB748-SA2,111,2 22(5) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
23contractor's or subcontractor's agent performing work on a project of public works
24that is subject to this section shall keep full and accurate records clearly indicating
25the name and trade or occupation of every person performing the work described in

1sub. (2m) and an accurate record of the number of hours worked by each of those
2persons and the actual wages paid for the hours worked.
AB748-SA2,111,133 (b) It shall be the duty of the department to enforce this section. To this end
4it may demand and examine, and every contractor, subcontractor, and contractor's
5and subcontractor's agent shall keep, and furnish upon request by the department,
6copies of payrolls and other records and information relating to the wages paid to
7persons performing the work described in sub. (2m) for work to which this section
8applies. The department may inspect records in the manner provided in this chapter.
9Every contractor, subcontractor, or agent performing work on a project of public
10works that is subject to this section is subject to the requirements of this chapter
11relating to the examination of records. Section 111.322 (2m) applies to discharge and
12other discriminatory acts arising in connection with any proceeding under this
13section.
AB748-SA2,112,214 (c) If requested by any person, the department shall inspect the payroll records
15of any contractor, subcontractor, or agent performing work on a project of public
16works that is subject to this section as provided in this paragraph to ensure
17compliance with this section. On receipt of such a request, the department shall
18request the contractor, subcontractor, or agent to submit to the department a
19certified record of the information specified in par. (a), other than personally
20identifiable information relating to an employee of the contractor, subcontractor, or
21agent, for no longer than a 4-week period. The department may request a contractor,
22subcontractor, or agent to submit those records no more than once per calendar
23quarter for each project of public works on which the contractor, subcontractor, or
24agent is performing work. The department may not charge a requester a fee for

1obtaining that information. The department shall make available for public
2inspection certified records submitted to the department under this paragraph.
AB748-SA2,112,9 3(6m) Liability and penalties. (ag) 1. Any contractor, subcontractor, or
4contractor's or subcontractor's agent who fails to pay the prevailing wage rate
5determined by the department under sub. (3) or who pays less than 1.5 times the
6hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
7is liable to any affected employee in the amount of his or her unpaid wages or his or
8her unpaid overtime compensation and in an additional amount as liquidated
9damages as provided in subd. 2. or 3., whichever is applicable.
AB748-SA2,112,1810 2. If the department determines upon inspection under sub. (5) (b) or (c) that
11a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
12the prevailing wage rate determined by the department under sub. (3) or has paid
13less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
14prevailing hours of labor, the department shall order the contractor to pay to any
15affected employee the amount of his or her unpaid wages or his or her unpaid
16overtime compensation and an additional amount equal to 100 percent of the amount
17of those unpaid wages or that unpaid overtime compensation as liquidated damages
18within a period specified by the department in the order.
AB748-SA2,113,419 3. In addition to or in lieu of recovering the liability specified in subd. 1. as
20provided in subd. 2., any employee for and in behalf of that employee and other
21employees similarly situated may commence an action to recover that liability in any
22court of competent jurisdiction. If the court finds that a contractor, subcontractor,
23or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
24determined by the department under sub. (3) or has paid less than 1.5 times the
25hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,

1the court shall order the contractor, subcontractor, or agent to pay to any affected
2employee the amount of his or her unpaid wages or his or her unpaid overtime
3compensation and an additional amount equal to 100 percent of the amount of those
4unpaid wages or that unpaid overtime compensation as liquidated damages.
AB748-SA2,113,95 5. No employee may be a party plaintiff to an action under subd. 3. unless the
6employee consents in writing to become a party and the consent is filed in the court
7in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
8addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
9and costs to be paid by the defendant.
AB748-SA2,113,1310 (am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor,
11or contractor's or subcontractor's agent who violates this section may be fined not
12more than $200 or imprisoned for not more than 6 months or both. Each day that
13a violation continues is a separate offense.
AB748-SA2,113,2114 (b) Whoever induces any person who seeks to be or is employed on any project
15of public works that is subject to this section to give up, waive, or return any part of
16the wages to which the person is entitled under the contract governing the project,
17or who reduces the hourly basic rate of pay normally paid to a person for work on a
18project that is not subject to this section during a week in which the person works
19both on a project of public works that is subject to this section and on a project that
20is not subject to this section, by threat not to employ, by threat of dismissal from
21employment, or by any other means is guilty of an offense under s. 946.15 (1).
AB748-SA2,114,622 (c) Any person employed on a project of public works that is subject to this
23section who knowingly permits a contractor, subcontractor, or contractor's or
24subcontractor's agent to pay him or her less than the prevailing wage rate set forth
25in the contract governing the project, who gives up, waives, or returns any part of the

1compensation to which he or she is entitled under the contract, or who gives up,
2waives, or returns any part of the compensation to which he or she is normally
3entitled for work on a project that is not subject to this section during a week in which
4the person works both on a project of public works that is subject to this section and
5on a project that is not subject to this section, is guilty of an offense under s. 946.15
6(2).
AB748-SA2,114,127 (d) Whoever induces any person who seeks to be or is employed on any project
8of public works that is subject to this section to permit any part of the wages to which
9the person is entitled under the contract governing the project to be deducted from
10the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would
11be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that
12is subject to 40 USC 3142.
AB748-SA2,114,1813 (e) Any person employed on a project of public works that is subject to this
14section who knowingly permits any part of the wages to which he or she is entitled
15under the contract governing the project to be deducted from his or her pay is guilty
16of an offense under s. 946.15 (4), unless the deduction would be permitted under 29
17CFR 3.5
or 3.6 from a person who is working on a project that is subject to 40 USC
183142
.
AB748-SA2,114,2119 (f) Paragraph (am) does not apply to any person who fails to provide any
20information to the department to assist the department in determining prevailing
21wage rates under sub. (3) (a) or (am).
AB748-SA2,115,8 22(7) Debarment. (a) Except as provided under pars. (b) and (c), the department
23shall distribute to all state agencies a list of all persons whom the department has
24found to have failed to pay the prevailing wage rate determined under sub. (3) or has
25found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked

1in excess of the prevailing hours of labor at any time in the preceding 3 years. The
2department shall include with any name the address of the person and shall specify
3when the person failed to pay the prevailing wage rate and when the person paid less
4than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
5prevailing hours of labor. A state agency may not award any contract to the person
6unless otherwise recommended by the department or unless 3 years have elapsed
7from the date the department issued its findings or date of final determination by a
8court of competent jurisdiction, whichever is later.
AB748-SA2,115,139 (b) The department may not include in a notification under par. (a) the name
10of any person on the basis of having let work to a person whom the department has
11found to have failed to pay the prevailing wage rate determined under sub. (3) or has
12found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
13in excess of the prevailing hours of labor.
AB748-SA2,115,1714 (c) This subsection does not apply to any contractor, subcontractor, or agent
15who in good faith commits a minor violation of this section, as determined on a
16case-by-case basis through administrative hearings with all rights to due process
17afforded to all parties or who has not exhausted or waived all appeals.
AB748-SA2,116,218 (d) Any person submitting a bid on a project of public works that is subject to
19this section shall, on the date the person submits the bid, identify any construction
20business in which the person, or a shareholder, officer, or partner of the person if the
21person is a business, owns or has owned at least a 25 percent interest on the date the
22person submits the bid or at any other time within 3 years preceding the date the
23person submits the bid, if the business has been found to have failed to pay the
24prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times

1the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
2labor.
AB748-SA2,116,33 (e) The department shall promulgate rules to administer this subsection.
AB748-SA2,117 4Section 117. 103.50 of the statutes is created to read:
AB748-SA2,116,5 5103.50 Highway contracts. (1) Definitions. In this section:
AB748-SA2,116,126 (a) “Area" means the county in which a proposed project that is subject to this
7section is located or, if the department determines that there is insufficient wage
8data in that county, “area" means those counties that are contiguous to that county
9or, if the department determines that there is insufficient wage data in those
10counties, “area" means those counties that are contiguous to those counties or, if the
11department determines that there is insufficient wage data in those counties, “area"
12means the entire state.
AB748-SA2,116,1313 (b) “Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
AB748-SA2,116,1414 (bg) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
AB748-SA2,116,1515 (c) “Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
AB748-SA2,116,2016 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
17occupation in any area means the hourly basic rate of pay, plus the hourly
18contribution for health insurance benefits, vacation benefits, pension benefits, and
19any other bona fide economic benefit, paid directly or indirectly, for a majority of the
20hours worked in the trade or occupation in the area.
AB748-SA2,117,221 2. If there is no rate at which a majority of the hours worked in the trade or
22occupation in the area is paid, “prevailing wage rate" means the average hourly basic
23rate of pay, weighted by the number of hours worked, plus the average hourly
24contribution, weighted by the number of hours worked, for health insurance benefits,
25vacation benefits, pension benefits, and any other bona fide economic benefit, paid

1directly or indirectly for all hours worked at the hourly basic rate of pay of the
2highest-paid 51 percent of hours worked in that trade or occupation in that area.
AB748-SA2,117,33 (e) “Truck driver" has the meaning given in s. 103.49 (1) (g).
AB748-SA2,117,14 4(2) Prevailing wage rates and hours of labor. No person performing the work
5described in sub. (2m) in the employ of a contractor, subcontractor, agent, or other
6person performing any work on a project under a contract based on bids as provided
7in s. 84.06 (2) to which the state is a party for the construction or improvement of any
8highway may be permitted to work a greater number of hours per day or per week
9than the prevailing hours of labor; nor may he or she be paid a lesser rate of wages
10than the prevailing wage rate in the area in which the work is to be done determined
11under sub. (3); except that any such person may be permitted or required to work
12more than such prevailing hours of labor per day and per week if he or she is paid
13for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5
14times his or her hourly basic rate of pay.
AB748-SA2,117,19 15(2g) Nonapplicability. This section does not apply to a single-trade project of
16public works, as defined in s. 103.49 (1) (em), for which the estimated project cost of
17completion is less than $48,000 or a multiple-trade project of public works, as
18defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less
19than $100,000.
AB748-SA2,117,24 20(2m) Covered employees. (a) Subject to par. (b), all of the following employees
21shall be paid the prevailing wage rate determined under sub. (3) and may not be
22permitted to work a greater number of hours per day or per week than the prevailing
23hours of labor, unless they are paid for all hours worked in excess of the prevailing
24hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
AB748-SA2,118,2
11. All laborers, workers, mechanics, and truck drivers employed on the site of
2a project that is subject to this section.
AB748-SA2,118,73 2. All laborers, workers, mechanics, and truck drivers employed in the
4manufacturing or furnishing of materials, articles, supplies, or equipment on the site
5of a project that is subject to this section or from a facility dedicated exclusively, or
6nearly so, to a project that is subject to this section by a contractor, subcontractor,
7agent, or other person performing any work on the site of the project.
AB748-SA2,118,158 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
9manufacture, pick up, or deliver materials or products from a commercial
10establishment that has a fixed place of business from which the establishment
11supplies processed or manufactured materials or products or from a facility that is
12not dedicated exclusively, or nearly so, to a project that is subject to this section is not
13entitled to receive the prevailing wage rate determined under sub. (3) or to receive
14at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess
15of the prevailing hours of labor unless any of the following applies:
AB748-SA2,118,2016 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
17of mineral aggregate such as sand, gravel, or stone and deliver that mineral
18aggregate to the site of a project that is subject to this section by depositing the
19material directly in final place, from the transporting vehicle or through spreaders
20from the transporting vehicle.
AB748-SA2,118,2421 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
22of a project that is subject to this section, pick up excavated material or spoil from
23the site of the project, and transport that excavated material or spoil away from the
24site of the project and return to the site of the project.
AB748-SA2,119,2
1(c) A truck driver who is an owner-operator of a truck shall be paid separately
2for his or her work and for the use of his or her truck.
AB748-SA2,119,8 3(3) Investigations; determinations. The department shall conduct
4investigations and hold public hearings necessary to define the trades or occupations
5that are commonly employed in the highway construction industry and to inform
6itself as to the prevailing wage rates in all areas of the state for those trades or
7occupations, in order to ascertain and determine the prevailing wage rates
8accordingly.
AB748-SA2,119,20 9(4) Certification of prevailing wage rates. The department of workforce
10development shall, by May 1 of each year, certify to the department of transportation
11the prevailing wage rates in each area for all trades or occupations commonly
12employed in the highway construction industry. The certification shall, in addition
13to the current prevailing wage rates, include future prevailing wage rates when such
14prevailing wage rates can be determined for any such trade or occupation in any area
15and shall specify the effective date of those future prevailing wage rates. The
16certification shall also include wage rates for work performed on Sundays or the
17holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day
18or night when work is performed. If a construction project extends into more than
19one area, there shall be but one standard of prevailing wage rates for the entire
20project.
AB748-SA2,120,2 21(4m) Wage rate data. In determining prevailing wage rates for projects that
22are subject to this section, the department shall use data from projects that are
23subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining
24prevailing wage rates for those projects, the department may not use data from any

1construction work that is performed by a state agency or a local governmental unit,
2as defined in s. 66.0903 (1) (d).
AB748-SA2,120,6 3(5) Appeals to governor. If the department of transportation considers any
4determination of the department of workforce development as to the prevailing wage
5rates in an area to have been incorrect, it may appeal to the governor, whose
6determination shall be final.
AB748-SA2,120,22 7(6) Contents of contracts. A reference to the prevailing wage rates
8determined under sub. (3) and the prevailing hours of labor shall be published in the
9notice issued for the purpose of securing bids for a project. If any contract or
10subcontract for a project that is subject to this section is entered into, the prevailing
11wage rates determined under sub. (3) and the prevailing hours of labor shall be
12physically incorporated into and made a part of the contract or subcontract, except
13that for a minor subcontract, as determined by the department of workforce
14development, that department shall prescribe by rule the method of notifying the
15minor subcontractor of the prevailing wage rates and prevailing hours of labor
16applicable to the minor subcontract. The prevailing wage rates and prevailing hours
17of labor applicable to a contract or subcontract may not be changed during the time
18that the contract or subcontract is in force. For the information of the employees
19working on the project, the prevailing wage rates determined by the department, the
20prevailing hours of labor, and the provisions of subs. (2) and (7) shall be kept posted
21by the department of transportation in at least one conspicuous and easily accessible
22place on the site of the project.
AB748-SA2,121,2 23(7) Penalties. (a) Except as provided in pars. (b), (d), and (f), any contractor,
24subcontractor, or contractor's or subcontractor's agent who violates this section may

1be fined not more than $200 or imprisoned for not more than 6 months or both. Each
2day that a violation continues is a separate offense.
AB748-SA2,121,103 (b) Whoever induces any person who seeks to be or is employed on any project
4that is subject to this section to give up, waive, or return any part of the wages to
5which the person is entitled under the contract governing the project, or who reduces
6the hourly basic rate of pay normally paid to a person for work on a project that is
7not subject to this section during a week in which the person works both on a project
8that is subject to this section and on a project that is not subject to this section, by
9threat not to employ, by threat of dismissal from employment or by any other means
10is guilty of an offense under s. 946.15 (1).
AB748-SA2,121,1911 (c) Any person employed on a project that is subject to this section who
12knowingly permits a contractor, subcontractor, or contractor's or subcontractor's
13agent to pay him or her less than the prevailing wage rate set forth in the contract
14governing the project, who gives up, waives, or returns any part of the compensation
15to which he or she is entitled under the contract, or who gives up, waives, or returns
16any part of the compensation to which he or she is normally entitled for work on a
17project that is not subject to this section during a week in which the person works
18both on a project that is subject to this section and on a project that is not subject to
19this section, is guilty of an offense under s. 946.15 (2).
AB748-SA2,121,2520 (d) Whoever induces any person who seeks to be or is employed on any project
21that is subject to this section to permit any part of the wages to which the person is
22entitled under the contract governing the project to be deducted from the person's
23pay is guilty of an offense under s. 946.15 (3), unless the deduction would be
24permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is
25subject to 40 USC 3142.
AB748-SA2,122,5
1(e) Any person employed on a project that is subject to this section who
2knowingly permits any part of the wages to which he or she is entitled under the
3contract governing the project to be deducted from his or her pay is guilty of an
4offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR
53.5
or 3.6 from a person who is working on a project that is subject to 40 USC 3142.
AB748-SA2,122,86 (f) Paragraph (a) does not apply to any person who fails to provide any
7information to the department to assist the department in determining prevailing
8wage rates under sub. (3) or (4).
AB748-SA2,122,18 9(8) Enforcement and prosecution. The department of transportation shall
10require adherence to subs. (2), (2m), and (6). The department of transportation may
11demand and examine, and every contractor, subcontractor, and contractor's or
12subcontractor's agent shall keep and furnish upon request by the department of
13transportation, copies of payrolls and other records and information relating to
14compliance with this section. Upon request of the department of transportation or
15upon complaint of alleged violation, the district attorney of the county in which the
16work is located shall investigate as necessary and prosecute violations in a court of
17competent jurisdiction. Section 111.322 (2m) applies to discharge and other
18discriminatory acts arising in connection with any proceeding under this section.
AB748-SA2,118 19Section 118. 103.503 (1) (a) of the statutes, as affected by 2017 Wisconsin Act
2059
, is amended to read:
AB748-SA2,123,221 103.503 (1) (a) “Accident" means an incident caused, contributed to, or
22otherwise involving an employee that resulted or could have resulted in death,
23personal injury, or property damage and that occurred while the employee was
24performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m),

12015 stats.,
on a project of public works or while the employee was performing work
2on a public utility project.
AB748-SA2,119 3Section 119. 103.503 (1) (e) of the statutes, as affected by 2017 Wisconsin Act
459
, is amended to read:
AB748-SA2,123,75 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver
6who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49
7(2m), 2015 stats., on a project of public works or on a public utility project.
AB748-SA2,120 8Section 120. 103.503 (1) (g) of the statutes, as affected by 2017 Wisconsin Act
959
, is repealed and recreated to read:
AB748-SA2,123,1110 103.503 (1) (g) “Project of public works" means a project of public works that
11is subject to s. 66.0903 or 103.49.
AB748-SA2,121 12Section 121. 103.503 (2) of the statutes, as affected by 2017 Wisconsin Act 59,
13is amended to read:
AB748-SA2,123,2114 103.503 (2) Substance abuse prohibited. No employee may use, possess,
15attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
16be under the influence of alcohol, while performing the work described in s. 66.0903
17(4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or
18while performing work on a public utility project. An employee is considered to be
19under the influence of alcohol for purposes of this subsection if he or she has an
20alcohol concentration that is equal to or greater than the amount specified in s.
21885.235 (1g) (d).
AB748-SA2,122 22Section 122. 103.503 (3) (a) 2. of the statutes, as affected by 2017 Wisconsin
23Act 59
, is amended to read:
AB748-SA2,124,624 103.503 (3) (a) 2. A requirement that employees performing the work described
25in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of

1public works or performing work on a public utility project submit to random,
2reasonable suspicion, and post-accident drug and alcohol testing and to drug and
3alcohol testing before commencing work on the project, except that testing of an
4employee before commencing work on a project is not required if the employee has
5been participating in a random testing program during the 90 days preceding the
6date on which the employee commenced work on the project.
AB748-SA2,123 7Section 123. 104.001 (4) of the statutes is created to read:
AB748-SA2,124,118 104.001 (4) This section does not affect the requirement that employees
9employed on a public works project contracted for by a city, village, town, or county
10be paid at the prevailing wage rate, as defined in s. 66.0903 (1) (g), as required under
11s. 66.0903.
AB748-SA2,124 12Section 124. 106.04 of the statutes is created to read:
AB748-SA2,124,16 13106.04 Employment of apprentices on state public works projects. (1)
14Definition. In this section, “project" means a project of public works that is subject
15to s. 103.49 or 103.50 in which work is performed by employees employed in trades
16that are apprenticeable under this subchapter.
AB748-SA2,124,21 17(2) Waiver. If the department grants an exception or modification to any
18requirement in any contract for the performance of work on a project relating to the
19employment and training of apprentices, the department shall post that information
20on its Internet site, together with a detailed explanation of why the exception or
21modification was granted.
AB748-SA2,125 22Section 125. 109.09 (1) of the statutes, as affected by 2017 Wisconsin Act 59,
23is amended to read:
AB748-SA2,125,2024 109.09 (1) The department shall investigate and attempt equitably to adjust
25controversies between employers and employees as to alleged wage claims. The

1department may receive and investigate any wage claim that is filed with the
2department, or received by the department under s. 109.10 (4), no later than 2 years
3after the date the wages are due. The department may, after receiving a wage claim,
4investigate any wages due from the employer against whom the claim is filed to any
5employee during the period commencing 2 years before the date the claim is filed.
6The department shall enforce this chapter and s. ss. 66.0903, 2013 stats., s. 103.49,
72013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss.
103.02, 103.49,
8103.82, and 104.12, and 229.8275. In pursuance of this duty, the department may
9sue the employer on behalf of the employee to collect any wage claim or wage
10deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except
11for actions under s. 109.10, the department may refer such an action to the district
12attorney of the county in which the violation occurs for prosecution and collection and
13the district attorney shall commence an action in the circuit court having appropriate
14jurisdiction. Any number of wage claims or wage deficiencies against the same
15employer may be joined in a single proceeding, but the court may order separate
16trials or hearings. In actions that are referred to a district attorney under this
17subsection, any taxable costs recovered by the district attorney shall be paid into the
18general fund of the county in which the violation occurs and used by that county to
19meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
20of the district attorney who prosecuted the action.
AB748-SA2,126 21Section 126. 111.322 (2m) (a) of the statutes is amended to read:
AB748-SA2,125,2522 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
23right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455,
24103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
25or 103.64 to 103.82.
AB748-SA2,127
1Section 127. 111.322 (2m) (b) of the statutes is amended to read:
AB748-SA2,126,52 111.322 (2m) (b) The individual testifies or assists in any action or proceeding
3held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28,
4103.32, 103.34, 103.50, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
5or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB748-SA2,128 6Section 128. 111.322 (2m) (c) of the statutes is created to read:
AB748-SA2,126,97 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right
8under s. 66.0903, 103.49, or 229.8275 or testifies or assists in any action or
9proceeding under s. 66.0903, 103.49, or 229.8275.
AB748-SA2,129 10Section 129. 227.01 (13) (t) of the statutes is created to read:
AB748-SA2,126,1411 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss.
1266.0903, 103.49, 103.50, and 229.8275, except that any action or inaction which
13ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50,
14and 229.8275 is subject to judicial review under s. 227.40.
AB748-SA2,130 15Section 130. 229.682 (2) of the statutes is created to read:
AB748-SA2,126,1716 229.682 (2) Prevailing wage. The construction of a baseball park facility that
17is financed in whole or in part by a district is subject to s. 66.0903.
AB748-SA2,131 18Section 131. 229.8275 of the statutes is created to read:
AB748-SA2,126,24 19229.8275 Prevailing wage. A district may not enter into a contract under s.
20229.827 with a professional football team, as described in s. 229.823, or a related
21party that requires the team or related party to acquire and construct or renovate
22football stadium facilities that are part of any facilities that are leased by the district
23to the team or to a related party unless the professional football team or related party
24agrees as follows:
AB748-SA2,127,6
1(1) Not to permit any employee working on the football stadium facilities who
2would be entitled to receive the prevailing wage rate under s. 66.0903 and who would
3not be required or permitted to work more than the prevailing hours of labor, if the
4football stadium facilities were a project of public works subject to s. 66.0903, to be
5paid less than the prevailing wage rate or to be required or permitted to work more
6than the prevailing hours of labor, except as permitted under s. 66.0903 (4) (a).
AB748-SA2,127,11 7(2) To require any contractor, subcontractor, or agent thereof performing work
8on the football stadium facilities to keep and permit inspection of records in the same
9manner as a contractor, subcontractor, or agent thereof performing work on a project
10of public works that is subject to s. 66.0903 is required to keep and permit inspection
11of records under s. 66.0903 (10).
AB748-SA2,127,18 12(3) Otherwise to comply with s. 66.0903 in the same manner as a local
13governmental unit contracting for the erection, construction, remodeling, repairing,
14or demolition of a project of public works is required to comply with s. 66.0903 and
15to require any contractor, subcontractor, or agent thereof performing work on the
16football stadium facilities to comply with s. 66.0903 in the same manner as a
17contractor, subcontractor, or agent thereof performing work on a project of public
18works that is subject to s. 66.0903 is required to comply with s. 66.0903.
AB748-SA2,132 19Section 132. 946.15 of the statutes is created to read:
AB748-SA2,128,8 20946.15 Public construction contracts at less than full rate. (1) Any
21employer, or any agent or employee of an employer, who induces any person who
22seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1)
23(c), or who seeks to be or is employed on a project on which a prevailing wage rate
24determination has been issued by the department of workforce development under
25s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any

1part of the compensation to which that person is entitled under his or her contract
2of employment or under the prevailing wage rate determination issued by the
3department, or who reduces the hourly basic rate of pay normally paid to an
4employee for work on a project on which a prevailing wage rate determination has
5not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a
6week in which the employee works both on a project on which a prevailing wage rate
7determination has been issued and on a project on which a prevailing wage rate
8determination has not been issued, is guilty of a Class I felony.
AB748-SA2,128,21 9(2) Any person employed pursuant to a public contract, as defined in s. 66.0901
10(1) (c), or employed on a project on which a prevailing wage rate determination has
11been issued by the department of workforce development under s. 66.0903 (3), 103.49
12(3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns to the employer or
13agent of the employer any part of the compensation to which the employee is entitled
14under his or her contract of employment or under the prevailing wage determination
15issued by the department, or who gives up any part of the compensation to which he
16or she is normally entitled for work on a project on which a prevailing wage rate
17determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or
18229.8275 (3) during a week in which the person works part-time on a project on
19which a prevailing wage rate determination has been issued and part-time on a
20project on which a prevailing wage rate determination has not been issued, is guilty
21of a Class C misdemeanor.
AB748-SA2,129,5 22(3) Any employer or labor organization, or any agent or employee of an
23employer or labor organization, who induces any person who seeks to be or is
24employed on a project on which a prevailing wage rate determination has been issued
25by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50

1(3), or 229.8275 (3) to permit any part of the wages to which that person is entitled
2under the prevailing wage rate determination issued by the department or local
3governmental unit to be deducted from the person's pay is guilty of a Class I felony,
4unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who
5is working on a project that is subject to 40 USC 3142.
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