SB540,35,623 (d) Any person submitting a bid on a project of public works that is subject to
24this section shall, on the date the person submits the bid, identify any construction
25business in which the person, or a shareholder, officer, or partner of the person if the

1person is a business, owns or has owned at least a 25 percent interest on the date the
2person submits the bid or at any other time within 3 years preceding the date the
3person submits the bid, if the business has been found to have failed to pay the
4prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
5the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
6labor.
SB540,35,77 (e) The department shall promulgate rules to administer this subsection.
SB540,15 8Section 15 . 103.50 of the statutes is created to read:
SB540,35,9 9103.50 Highway contracts. (1) Definitions. In this section:
SB540,35,1610 (a) “Area" means the county in which a proposed project that is subject to this
11section is located or, if the department determines that there is insufficient wage
12data in that county, “area" means those counties that are contiguous to that county
13or, if the department determines that there is insufficient wage data in those
14counties, “area" means those counties that are contiguous to those counties or, if the
15department determines that there is insufficient wage data in those counties, “area"
16means the entire state.
SB540,35,1717 (b) “Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
SB540,35,1818 (bg) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
SB540,35,1919 (c) “Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
SB540,35,2420 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
21occupation in any area means the hourly basic rate of pay, plus the hourly
22contribution for health insurance benefits, vacation benefits, pension benefits, and
23any other bona fide economic benefit, paid directly or indirectly, for a majority of the
24hours worked in the trade or occupation in the area.
SB540,36,7
12. If there is no rate at which a majority of the hours worked in the trade or
2occupation in the area is paid, “prevailing wage rate" means the average hourly basic
3rate of pay, weighted by the number of hours worked, plus the average hourly
4contribution, weighted by the number of hours worked, for health insurance benefits,
5vacation benefits, pension benefits, and any other bona fide economic benefit, paid
6directly or indirectly for all hours worked at the hourly basic rate of pay of the
7highest-paid 51 percent of hours worked in that trade or occupation in that area.
SB540,36,88 (e) “Truck driver" has the meaning given in s. 103.49 (1) (g).
SB540,36,12 9(2) Prevailing wage rates and hours of labor. No contractor, subcontractor,
10agent, or other person performing any work on a project under a contract based on
11bids as provided in s. 84.06 (2) to which the state is a party for the construction or
12improvement of any highway may do any of the following:
SB540,36,1513 (a) Pay an individual performing the work described in sub. (2m) less than the
14prevailing wage rate in the area in which the work is to be done determined under
15sub. (3).
SB540,36,2016 (b) Allow an individual performing the work described in sub. (2m) to work a
17greater number of hours per day or per week than the prevailing hours of labor,
18unless the contractor, subcontractor, or contractor's or subcontractor's agent pays
19the individual for all hours worked in excess of the prevailing hours of labor at a rate
20of at least 1.5 times the individual's hourly basic rate of pay.
SB540,36,25 21(2g) Nonapplicability. This section does not apply to a single-trade project of
22public works, as defined in s. 103.49 (1) (em), for which the estimated project cost of
23completion is less than $48,000 or a multiple-trade project of public works, as
24defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less
25than $100,000.
SB540,37,6
1(2m) Covered employees. (a) Subject to par. (b), any person subject to this
2section shall pay all of the following employees the prevailing wage rate determined
3under sub. (3) and may not allow such employees to work a greater number of hours
4per day or per week than the prevailing hours of labor, unless the person pays for all
5hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
6the employees' hourly basic rate of pay:
SB540,37,87 1. All laborers, workers, mechanics, and truck drivers employed on the site of
8a project that is subject to this section.
SB540,37,139 2. All laborers, workers, mechanics, and truck drivers employed in the
10manufacturing or furnishing of materials, articles, supplies, or equipment on the site
11of a project that is subject to this section or from a facility dedicated exclusively, or
12nearly so, to a project that is subject to this section by a contractor, subcontractor,
13agent, or other person performing any work on the site of the project.
SB540,37,2114 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
15manufacture, pick up, or deliver materials or products from a commercial
16establishment that has a fixed place of business from which the establishment
17supplies processed or manufactured materials or products or from a facility that is
18not dedicated exclusively, or nearly so, to a project that is subject to this section is not
19entitled to receive the prevailing wage rate determined under sub. (3) or to receive
20at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess
21of the prevailing hours of labor unless any of the following applies:
SB540,38,222 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
23of mineral aggregate such as sand, gravel, or stone and deliver that mineral
24aggregate to the site of a project that is subject to this section by depositing the

1material directly in final place, from the transporting vehicle or through spreaders
2from the transporting vehicle.
SB540,38,63 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
4of a project that is subject to this section, pick up excavated material or spoil from
5the site of the project, and transport that excavated material or spoil away from the
6site of the project and return to the site of the project.
SB540,38,97 (c) A contractor, subcontractor, agent, or other person performing work on a
8project subject to this section shall pay a truck driver who is an owner-operator of
9a truck separately for his or her work and for the use of his or her truck.
SB540,38,15 10(3) Investigations; determinations. The department shall conduct
11investigations and hold public hearings necessary to define the trades or occupations
12that are commonly employed in the highway construction industry and to inform the
13department of the prevailing wage rates in all areas of the state for those trades or
14occupations, in order to ascertain and determine the prevailing wage rates
15accordingly.
SB540,39,2 16(4) Certification of prevailing wage rates. The department of workforce
17development shall, by May 1 of each year, certify to the department of transportation
18the prevailing wage rates in each area for all trades or occupations commonly
19employed in the highway construction industry. The certification shall, in addition
20to the current prevailing wage rates, include future prevailing wage rates when such
21prevailing wage rates can be determined for any such trade or occupation in any area
22and shall specify the effective date of those future prevailing wage rates. The
23certification shall also include wage rates for work performed on Sundays or the
24holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day
25or night when work is performed. If a construction project extends into more than

1one area, the department shall determine only one standard of prevailing wage rates
2for the entire project.
SB540,39,8 3(4m) Wage rate data. In determining prevailing wage rates for projects that
4are subject to this section, the department shall use data from projects that are
5subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining
6prevailing wage rates for those projects, the department may not use data from any
7construction work that is performed by a state agency or a local governmental unit,
8as defined in s. 66.0903 (1) (d).
SB540,39,12 9(5) Appeals to governor. If the department of transportation considers any
10determination of the department of workforce development of the prevailing wage
11rates in an area to be incorrect, it may appeal to the governor, whose determination
12is final.
SB540,40,3 13(6) Contents of contracts. The department of transportation shall include
14a reference to the prevailing wage rates determined under sub. (3) and the prevailing
15hours of labor in the notice published for the purpose of securing bids for a project.
16Except as otherwise provided in this subsection, if any contract or subcontract for a
17project that is subject to this section is entered into, the prevailing wage rates
18determined under sub. (3) and the prevailing hours of labor shall be physically
19incorporated into and made a part of the contract or subcontract. For a minor
20subcontract, as determined by the department of workforce development, that
21department shall prescribe by rule the method of notifying the minor subcontractor
22of the prevailing wage rates and prevailing hours of labor applicable to the minor
23subcontract. The prevailing wage rates and prevailing hours of labor applicable to
24a contract or subcontract may not be changed during the time that the contract or
25subcontract is in force. The department of transportation shall post the prevailing

1wage rates determined by the department, the prevailing hours of labor, and the
2provisions of subs. (2) and (7) in at least one conspicuous place that is easily
3accessible to the employees on the site of the project.
SB540,40,7 4(7) Penalties. (a) Except as provided in pars. (b), (d), and (f), any contractor,
5subcontractor, or contractor's or subcontractor's agent who violates this section may
6be fined not more than $200 or imprisoned for not more than 6 months or both. Each
7day that a violation continues is a separate offense.
SB540,40,158 (b) Whoever induces any individual who seeks to be or is employed on any
9project that is subject to this section to give up, waive, or return any part of the wages
10to which the individual is entitled under the contract governing the project, or who
11reduces the hourly basic rate of pay normally paid to an individual for work on a
12project that is not subject to this section during a week in which the individual works
13both on a project that is subject to this section and on a project that is not subject to
14this section, by threat not to employ, by threat of dismissal from employment, or by
15any other means is guilty of an offense under s. 946.15 (1).
SB540,40,2416 (c) Any individual employed on a project that is subject to this section who
17knowingly allows a contractor, subcontractor, or contractor's or subcontractor's
18agent to pay him or her less than the prevailing wage rate set forth in the contract
19governing the project, who gives up, waives, or returns any part of the compensation
20to which he or she is entitled under the contract, or who gives up, waives, or returns
21any part of the compensation to which he or she is normally entitled for work on a
22project that is not subject to this section during a week in which the individual works
23both on a project that is subject to this section and on a project that is not subject to
24this section, is guilty of an offense under s. 946.15 (2).
SB540,41,6
1(d) Whoever induces any individual who seeks to be or is employed on any
2project that is subject to this section to allow any part of the wages to which the
3individual is entitled under the contract governing the project to be deducted from
4the individual's pay is guilty of an offense under s. 946.15 (3), unless the deduction
5would be allowed under 29 CFR 3.5 or 3.6 from an individual who is working on a
6project that is subject to 40 USC 3142.
SB540,41,117 (e) Any individual employed on a project that is subject to this section who
8knowingly allows any part of the wages to which he or she is entitled under the
9contract governing the project to be deducted from his or her pay is guilty of an
10offense under s. 946.15 (4), unless the deduction would be allowed under 29 CFR 3.5
11or 3.6 from an individual who is working on a project that is subject to 40 USC 3142.
SB540,41,1412 (f) Paragraph (a) does not apply to any individual who fails to provide any
13information to the department to assist the department in determining prevailing
14wage rates under sub. (3) or (4).
SB540,41,24 15(8) Enforcement and prosecution. The department of transportation shall
16require adherence to subs. (2), (2m), and (6). The department of transportation may
17demand and examine, and every contractor, subcontractor, and contractor's or
18subcontractor's agent shall keep and furnish upon request by the department of
19transportation, copies of payrolls and other records and information relating to
20compliance with this section. Upon request of the department of transportation or
21upon complaint of alleged violation, the district attorney of the county in which the
22work is located shall investigate as necessary and prosecute violations in a court of
23competent jurisdiction. Section 111.322 (2m) applies to discharge and other
24discriminatory acts arising in connection with any proceeding under this section.
SB540,16 25Section 16 . 103.503 (1) (a) of the statutes is amended to read:
SB540,42,6
1103.503 (1) (a) “Accident" means an incident caused, contributed to, or
2otherwise involving an employee that resulted or could have resulted in death,
3personal injury, or property damage and that occurred while the employee was
4performing the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49 (2m),
52015 stats.,
on a project of public works or while the employee was performing work
6on a public utility project.
SB540,17 7Section 17 . 103.503 (1) (e) of the statutes is amended to read:
SB540,42,108 103.503 (1) (e) “Employee" means a laborer, worker, mechanic, or truck driver
9who performs the work described in s. 66.0903 (4), 2013 stats., or s. 16.856 103.49
10(2m), 2015 stats., on a project of public works or on a public utility project.
SB540,18 11Section 18 . 103.503 (1) (g) of the statutes is repealed and recreated to read:
SB540,42,1312 103.503 (1) (g) “Project of public works" means a project of public works that
13is subject to s. 66.0903 or 103.49.
SB540,19 14Section 19 . 103.503 (2) of the statutes is amended to read:
SB540,42,2215 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), 2013 stats., or s. 16.856 103.49 (2m), 2015 stats., on a project of public works or
19while performing work on a public utility project. An employee is considered to be
20under the influence of alcohol for purposes of this subsection if he or she has an
21alcohol concentration that is equal to or greater than the amount specified in s.
22885.235 (1g) (d).
SB540,20 23Section 20 . 103.503 (3) (a) 2. of the statutes is amended to read:
SB540,43,624 103.503 (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.
SB540,21 7Section 21 . 104.001 (4) of the statutes is created to read:
SB540,43,118 104.001 (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.
SB540,22 12Section 22 . 106.04 of the statutes is created to read:
SB540,43,16 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.
SB540,43,21 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 website, together with a detailed explanation for granting the exception or
21modification.
SB540,23 22Section 23 . 109.09 (1) of the statutes is amended to read:
SB540,44,1923 109.09 (1) The department shall investigate and attempt equitably to adjust
24controversies between employers and employees as to regarding alleged wage
25claims. The department may receive and investigate any wage claim that is filed

1with the department, or received by the department under s. 109.10 (4), no later than
22 years after the date the wages are due. The department may, after receiving a wage
3claim, investigate any wages due from the employer against whom the claim is filed
4to any employee during the period commencing 2 years before the date the claim is
5filed. The department shall enforce this chapter and s. ss. 66.0903, 2013 stats., s.
6103.49, 2013 stats., s. 229.8275, 2013 stats., and s. 16.856, 2015 stats., and ss.
103.02,
7103.49, 103.82, and 104.12 , and 229.8275. In pursuance of this duty, the department
8may sue the employer on behalf of the employee to collect any wage claim or wage
9deficiency and ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except
10for actions under s. 109.10, the department may refer such an action to the district
11attorney of the county in which the violation occurs for prosecution and collection and
12the district attorney shall commence an action in the circuit court having appropriate
13jurisdiction. Any number of wage claims or wage deficiencies against the same
14employer may be joined in a single proceeding, but the court may order separate
15trials or hearings. In actions that are referred to a district attorney under this
16subsection, any taxable costs recovered by the district attorney shall be paid into the
17general fund of the county in which the violation occurs and used by that county to
18meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
19of the district attorney who prosecuted the action.
SB540,24 20Section 24 . 111.322 (2m) (a) of the statutes is amended to read:
SB540,44,2421 111.322 (2m) (a) The individual files a complaint or attempts to enforce any
22right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455,
23103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
24or 103.64 to 103.82.
SB540,25 25Section 25 . 111.322 (2m) (b) of the statutes is amended to read:
SB540,45,4
1111.322 (2m) (b) The individual testifies or assists in any action or proceeding
2held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28,
3103.32, 103.34, 103.455, 103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
4or ss. 101.58 to 101.599 or 103.64 to 103.82.
SB540,26 5Section 26 . 111.322 (2m) (c) of the statutes is created to read:
SB540,45,86 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right
7under s. 66.0903, 103.49, or 229.8275 or testifies or assists in any action or
8proceeding under s. 66.0903, 103.49, or 229.8275.
SB540,27 9Section 27 . 227.01 (13) (t) of the statutes is created to read:
SB540,45,1310 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss.
1166.0903, 103.49, 103.50, and 229.8275, except that any action or inaction which
12ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50,
13and 229.8275 is subject to judicial review under s. 227.40.
SB540,28 14Section 28 . 229.682 (2) of the statutes is created to read:
SB540,45,1615 229.682 (2) Prevailing wage. The construction of a baseball park facility that
16is financed in whole or in part by a district is subject to s. 66.0903.
SB540,29 17Section 29 . 229.8275 of the statutes is created to read:
SB540,45,23 18229.8275 Prevailing wage. A district may not enter into a contract under s.
19229.827 with a professional football team, as described in s. 229.823, or a related
20party that requires the team or related party to acquire and construct or renovate
21football stadium facilities that are part of any facilities that are leased by the district
22to the team or to a related party unless the professional football team or related party
23agrees to all of the following:
SB540,46,4 24(1) Not to allow any employee working on the football stadium facilities who
25would be entitled to receive the prevailing wage rate under s. 66.0903 and who would

1not be required or allowed to work more than the prevailing hours of labor, if the
2football stadium facilities were a project of public works subject to s. 66.0903, to be
3paid less than the prevailing wage rate or to be required or allowed to work more than
4the prevailing hours of labor, except as allowed under s. 66.0903 (4) (a).
SB540,46,10 5(2) To require any contractor, subcontractor, or agent of a contractor or
6subcontractor performing work on the football stadium facilities to keep and allow
7inspection of records in the same manner as a contractor, subcontractor, or agent of
8a contractor or subcontractor performing work on a project of public works that is
9subject to s. 66.0903 is required to keep and allow inspection of records under s.
1066.0903 (10).
SB540,46,18 11(3) To comply with s. 66.0903 in the same manner as a local governmental unit
12contracting for the erection, construction, remodeling, repairing, or demolition of a
13project of public works is required to comply with s. 66.0903 and to require any
14contractor, subcontractor, or agent of a contractor or subcontractor performing work
15on the football stadium facilities to comply with s. 66.0903 in the same manner as
16a contractor, subcontractor, or agent of a contractor or subcontractor performing
17work on a project of public works that is subject to s. 66.0903 is required to comply
18with s. 66.0903.
SB540,30 19Section 30 . 946.15 of the statutes is created to read:
SB540,47,8 20946.15 Public construction contracts at less than full rate. (1) Any
21employer, or any agent or employee of an employer, who induces any individual 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 individual 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.
SB540,47,21 9(2) Any individual employed pursuant to a public contract, as defined in s.
1066.0901 (1) (c), or employed on a project on which a prevailing wage rate
11determination has been issued by the department of workforce development under
12s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns
13to the employer or agent of the employer any part of the compensation to which the
14employee is entitled under his or her contract of employment or under the prevailing
15wage determination issued by the department, or who gives up any part of the
16compensation to which he or she is normally entitled for work on a project on which
17a prevailing wage rate determination has not been issued under s. 66.0903 (3),
18103.49 (3), 103.50 (3), or 229.8275 (3) during a week in which the individual works
19part-time on a project on which a prevailing wage rate determination has been
20issued and part-time on a project on which a prevailing wage rate determination has
21not been issued, is guilty of a Class C misdemeanor.
SB540,48,5 22(3) Any employer or labor organization, or any agent or employee of an
23employer or labor organization, who induces any individual 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 allow any part of the wages to which that individual is entitled
2under the prevailing wage rate determination issued by the department or local
3governmental unit to be deducted from the individual's pay is guilty of a Class I
4felony, unless the deduction would be allowed under 29 CFR 3.5 or 3.6 from an
5individual who is working on a project that is subject to 40 USC 3142.
SB540,48,13 6(4) Any individual employed on a project on which a prevailing wage rate
7determination has been issued by the department of workforce development under
8s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who allows any part of the wages
9to which that individual is entitled under the prevailing wage rate determination
10issued by the department or local governmental unit to be deducted from his or her
11pay is guilty of a Class C misdemeanor, unless the deduction would be allowed under
1229 CFR 3.5 or 3.6 from an individual who is working on a project that is subject to
1340 USC 3142.
SB540,31 14Section 31 . 978.05 (6) (a) of the statutes is amended to read:
SB540,49,215 978.05 (6) (a) Institute, commence, or appear in all civil actions or special
16proceedings under and perform the duties set forth for the district attorney under ch.
17980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36, 89.08, 103.50 (8),
18103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and (6g) (a),
19946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties in
20connection with court proceedings in a court assigned to exercise jurisdiction under
21chs. 48 and 938 as the judge may request and perform all appropriate duties and
22appear if the district attorney is designated in specific statutes, including matters
23within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this paragraph limits
24the authority of the county board to designate, under s. 48.09 (5), that the corporation
25counsel provide representation as specified in s. 48.09 (5) or to designate, under s.

148.09 (6) or 938.09 (6), the district attorney as an appropriate person to represent the
2interests of the public under s. 48.14 or 938.14.
SB540,32 3Section 32 . Initial applicability.
SB540,49,84 (1) Prevailing wage. The appropriate provisions regarding prevailing wage
5first apply, with respect to a project of public works that is subject to bidding, to a
6project for which the request for bids is issued on the effective date of this subsection
7and, with respect to a project of public works that is not subject to bidding, to a project
8the contract for which is entered into on the effective date of this subsection.
SB540,49,119 (2) Discrimination. The treatment of ss. 66.0903 (10) (d), 111.322 (2m) (c), and
10229.8275 first applies to acts of discrimination that occur on the effective date of this
11subsection.
SB540,49,1212 (End)
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