AB15-SA3,5,107 c. To keep and permit inspection of records in the same manner as a contractor,
8subcontractor, or agent of a contractor or subcontractor performing work on a project
9of public works that is subject to s. 66.0903 is required to keep and permit inspection
10of records under s. 66.0903 (10).
AB15-SA3,5,1711 d. Otherwise to comply with s. 66.0903 in the same manner as a contractor,
12subcontractor, or agent of a contractor or subcontractor performing work on a project
13of public works that is subject to s. 66.0903 is required to comply with s. 66.0903. The
14person soliciting bids for the construction of the facility shall also agree to comply
15with s. 66.0903 in the same manner as a local governmental unit contracting for the
16erection, construction, remodeling, repairing, or demolition of a project of public
17works is required to comply with s. 66.0903.
AB15-SA3,5,1818 3. To participate in an apprenticeship program under subch. I of ch. 106.
AB15-SA3,5,2019 4. To provide employer-subsidized health care coverage, as defined in s. 49.665
20(1) (c), to all employees working on the construction of the facility.
AB15-SA3, s. 1m 21Section 1m. 103.49 (3) (ar) of the statutes is amended to read:
AB15-SA3,6,322 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the
23department may not use data from projects that are subject to this section, s. 66.0903,
2484.185 (8r) (b), 93.46 (4) (b), 93.75 (1) (d) 2., 103.50 or, 229.8275, 560.031 (2), or
25560.605 (1) (p) 2.
or 40 USC 276a unless the department determines that there is

1insufficient wage data in the area to determine those prevailing wage rates, in which
2case the department may use data from projects that are subject to this section, s.
366.0903, 103.50 or 229.8275 or 40 USC 276a.
AB15-SA3, s. 1p 4Section 1p. 109.09 (1) of the statutes is amended to read:
AB15-SA3,7,25 109.09 (1) The department shall investigate and attempt equitably to adjust
6controversies between employers and employees as to alleged wage claims. The
7department may receive and investigate any wage claim which is filed with the
8department, or received by the department under s. 109.10 (4), no later than 2 years
9after the date the wages are due. The department may, after receiving a wage claim,
10investigate any wages due from the employer against whom the claim is filed to any
11employee during the period commencing 2 years before the date the claim is filed.
12The department shall enforce this chapter and ss. 66.0903, 84.185 (8r) (b), 93.46 (4)
13(b), 93.75 (1) (d) 2.,
103.02, 103.49, 103.82, 104.12 and, 229.8275, 560.031 (2), and
14560.605 (1) (p) 2
. In pursuance of this duty, the department may sue the employer
15on behalf of the employee to collect any wage claim or wage deficiency and ss. 109.03
16(6) and 109.11 (2) and (3) shall apply to such actions. Except for actions under s.
17109.10, the department may refer such an action to the district attorney of the county
18in which the violation occurs for prosecution and collection and the district attorney
19shall commence an action in the circuit court having appropriate jurisdiction. Any
20number of wage claims or wage deficiencies against the same employer may be joined
21in a single proceeding, but the court may order separate trials or hearings. In actions
22that are referred to a district attorney under this subsection, any taxable costs
23recovered by the district attorney shall be paid into the general fund of the county
24in which the violation occurs and used by that county to meet its financial

1responsibility under s. 978.13 (2) for the operation of the office of the district attorney
2who prosecuted the action.
AB15-SA3, s. 1r 3Section 1r. 111.322 (2m) (c) of the statutes is amended to read:
AB15-SA3,7,84 111.322 (2m) (c) The individual files a complaint or attempts to enforce a right
5under s. 66.0903, 84.185 (8r) (b), 93.46 (4) (b), 93.75 (1) (d) 2., 103.49 or, 229.8275,
6560.031 (2), or 560.605 (1) (p) 2.
or testifies or assists in any action or proceeding
7under s. 66.0903, 84.185 (8r) (b), 93.46 (4) (b), 93.75 (1) (d) 2., 103.49 or, 229.8275,
8560.031 (2), or 560.605 (1) (p) 2
.
AB15-SA3, s. 1t 9Section 1t. 168.04 (2m) and (2r) of the statutes are created to read:".
AB15-SA3,7,10 104. Page 3, line 8: after that line insert:
AB15-SA3,7,11 11" Section 2m. 227.01 (13) (t) of the statutes is amended to read:
AB15-SA3,7,1712 227.01 (13) (t) Ascertains and determines prevailing wage rates under ss.
1366.0903, 84.185 (8r) (b), 93.46 (4) (b), 93.75 (1) (d) 2., 103.49, 103.50 and, 229.8275 ,
14560.031 (2), and 560.605 (1) (p) 2.
, except that any action or inaction which ascertains
15and determines prevailing wage rates under ss. 66.0903, 84.185 (8r) (b), 93.46 (4) (b),
1693.75 (1) (d) 2.,
103.49, 103.50 and, 229.8275, 560.031 (2), and 560.605 (1) (p) 2. is
17subject to judicial review under s. 227.40.".
AB15-SA3,7,19 185. Page 4, line 4: after that line, before the material inserted by assembly
19amendment 4 to assembly substitute amendment 3, insert:
AB15-SA3,7,21 20" Section 3m. 560.031 of the statutes, as created by 2005 Wisconsin Act 25, is
21renumbered 560.031 (intro.) and amended to read:
AB15-SA3,8,4 22560.031 Grants for ethanol production facilities. (intro.)
23Notwithstanding ss. 560.135 (2), 560.138 (2) (a), and 560.17 (3), the department may
24not make a grant for an ethanol production facility on which construction begins

1after July 27, 2005, unless a competitive bidding process is used for the construction
2of the ethanol production facility. and all contractors, subcontractors, and agents of
3a contractor or subcontractor performing work on the construction of the facility have
4agreed to all of the following conditions:
AB15-SA3, s. 3h 5Section 3h. 560.031 (1) to (4) of the statutes are created to read:
AB15-SA3,8,86 560.031 (1) To employ residents of this state in not less than 50 percent of the
7positions of the contractor, subcontractor, or agent working on the construction of the
8facility.
AB15-SA3,8,12 9(2) (a) To pay all employees working on the construction of the facility who
10would be entitled to receive the prevailing wage rate under s. 66.0903, if the
11construction of the facility were a project of public works subject to s. 66.0903, not
12less than the prevailing wage rate.
AB15-SA3,8,1613 (b) Not to require or permit any employee who would not be required or
14permitted to work more than the prevailing hours of labor, if the construction of the
15facility were a project of public works subject to s. 66.0903, to work more than the
16prevailing hours of labor, except as permitted under s. 66.0903 (4) (a).
AB15-SA3,8,2017 (c) To keep and permit inspection of records in the same manner as a contractor,
18subcontractor, or agent of a contractor or subcontractor performing work on a project
19of public works that is subject to s. 66.0903 is required to keep and permit inspection
20of records under s. 66.0903 (10).
AB15-SA3,9,221 (d) Otherwise to comply with s. 66.0903 in the same manner as a contractor,
22subcontractor, or agent of a contractor or subcontractor performing work on a project
23of public works that is subject to s. 66.0903 is required to comply with s. 66.0903. The
24person soliciting bids for the construction of the facility shall also agree to comply
25with s. 66.0903 in the same manner as a local governmental unit contracting for the

1erection, construction, remodeling, repairing, or demolition of a project of public
2works is required to comply with s. 66.0903.
AB15-SA3,9,3 3(3) To participate in an apprenticeship program under subch. I of ch. 106.
AB15-SA3,9,5 4(4) To provide employer-subsidized health care coverage, as defined in s.
549.665 (1) (c), to all employees working on the construction of the facility.
AB15-SA3, s. 3p 6Section 3p. 560.605 (1) (p) of the statutes, as created by 2005 Wisconsin Act
725
, is renumbered 560.605 (1) (p) (intro.) and amended to read:
AB15-SA3,9,128 560.605 (1) (p) (intro.) For an ethanol production facility on which construction
9begins after July 27, 2005, a competitive bidding process is used for the construction
10of the ethanol production facility. and all contractors, subcontractors, and agents of
11a contractor or subcontractor performing work on the construction of the facility have
12agreed to all of the following conditions:
AB15-SA3, s. 3r 13Section 3r. 560.605 (1) (p) 1. to 4. of the statutes are created to read:
AB15-SA3,9,1614 560.605 (1) (p) 1. To employ residents of this state in not less than 50 percent
15of the positions of the contractor, subcontractor, or agent working on the construction
16of the facility.
AB15-SA3,9,2017 2. a. To pay all employees working on the construction of the facility who would
18be entitled to receive the prevailing wage rate under s. 66.0903, if the construction
19of the facility were a project of public works subject to s. 66.0903, not less than the
20prevailing wage rate.
AB15-SA3,9,2421 b. Not to require or permit any employee who would not be required or
22permitted to work more than the prevailing hours of labor, if the construction of the
23facility were a project of public works subject to s. 66.0903, to work more than the
24prevailing hours of labor, except as permitted under s. 66.0903 (4) (a).
AB15-SA3,10,4
1c. To keep and permit inspection of records in the same manner as a contractor,
2subcontractor, or agent of a contractor or subcontractor performing work on a project
3of public works that is subject to s. 66.0903 is required to keep and permit inspection
4of records under s. 66.0903 (10).
AB15-SA3,10,115 d. Otherwise to comply with s. 66.0903 in the same manner as a contractor,
6subcontractor, or agent of a contractor or subcontractor performing work on a project
7of public works that is subject to s. 66.0903 is required to comply with s. 66.0903. The
8person soliciting bids for the construction of the facility shall also agree to comply
9with s. 66.0903 in the same manner as a local governmental unit contracting for the
10erection, construction, remodeling, repairing, or demolition of a project of public
11works is required to comply with s. 66.0903.
AB15-SA3,10,1212 3. To participate in an apprenticeship program under subch. I of ch. 106.
AB15-SA3,10,1413 4. To provide employer-subsidized health care coverage, as defined in s. 49.665
14(1) (c), to all employees working on the construction of the facility.
AB15-SA3, s. 4d 15Section 4d. 946.15 (1) of the statutes is amended to read:
AB15-SA3,11,716 946.15 (1) Any employer, or any agent or employee of an employer, who induces
17any person who seeks to be or is employed pursuant to a public contract as defined
18in s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing
19wage rate determination has been issued by the department of workforce
20development under s. 66.0903 (3), 84.185 (8r) (b) 4., 93.46 (4) (b) 4., 93.75 (1) (d) 2.
21d.,
103.49 (3), 103.50 (3) or, 229.8275 (3), 560.031 (2) (d), or 560.605 (1) (p) 2. d. or by
22a local governmental unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) to give
23up, waive or return any part of the compensation to which that person is entitled
24under his or her contract of employment or under the prevailing wage rate
25determination issued by the department or local governmental unit, or who reduces

1the hourly basic rate of pay normally paid to an employee for work on a project on
2which a prevailing wage rate determination has not been issued under s. 66.0903 (3)
3or (6), 84.185 (8r) (b) 4., 93.46 (4) (b) 4., 93.75 (1) (d) 2. d., 103.49 (3), 103.50 (3) or,
4229.8275 (3), 560.031 (2) (d), or 560.605 (1) (p) 2. d. during a week in which the
5employee works both on a project on which a prevailing wage rate determination has
6been issued and on a project on which a prevailing wage rate determination has not
7been issued, is guilty of a Class I felony.
AB15-SA3, s. 4e 8Section 4e. 946.15 (2) of the statutes is amended to read:
AB15-SA3,11,249 946.15 (2) Any person 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), 84.185 (8r) (b) 4., 93.46 (4) (b) 4., 93.75 (1) (d) 2. d., 103.49 (3), 103.50
13(3) or, 229.8275 (3), 560.031 (2) (d), or 560.605 (1) (p) 2. d. or by a local governmental
14unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) who gives up, waives or
15returns to the employer or agent of the employer any part of the compensation to
16which the employee is entitled under his or her contract of employment or under the
17prevailing wage determination issued by the department or local governmental unit,
18or who gives up any part of the compensation to which he or she is normally entitled
19for work on a project on which a prevailing wage rate determination has not been
20issued under s. 66.0903 (3) or (6), 84.185 (8r) (b) 4., 93.46 (4) (b) 4., 93.75 (1) (d) 2. d.,
21103.49 (3), 103.50 (3) or, 229.8275 (3), 560.031 (2) (d), or 560.605 (1) (p) 2. d. during
22a week in which the person works part-time on a project on which a prevailing wage
23rate determination has been issued and part-time on a project on which a prevailing
24wage rate determination has not been issued, is guilty of a Class C misdemeanor.
AB15-SA3, s. 4f 25Section 4f. 946.15 (3) of the statutes is amended to read:
AB15-SA3,12,11
1946.15 (3) Any employer or labor organization, or any agent or employee of an
2employer or labor organization, who induces any person who seeks to be or is
3employed on a project on which a prevailing wage rate determination has been issued
4by the department of workforce development under s. 66.0903 (3), 84.185 (8r) (b) 4.,
593.46 (4) (b) 4., 93.75 (1) (d) 2. d.,
103.49 (3), 103.50 (3) or, 229.8275 (3), 560.031 (2)
6(d), or 560.605 (1) (p) 2. d.
or by a local governmental unit, as defined in s. 66.0903
7(1) (d), under s. 66.0903 (6) to permit any part of the wages to which that person is
8entitled under the prevailing wage rate determination issued by the department or
9local governmental unit to be deducted from the person's pay is guilty of a Class I
10felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a
11person who is working on a project that is subject to 40 USC 276c.
AB15-SA3, s. 4g 12Section 4g. 946.15 (4) of the statutes is amended to read:
AB15-SA3,12,2213 946.15 (4) Any person employed on a project on which a prevailing wage rate
14determination has been issued by the department of workforce development under
15s. 66.0903 (3), 84.185 (8r) (b) 4., 93.46 (4) (b) 4., 93.75 (1) (d) 2. d., 103.49 (3), 103.50
16(3) or, 229.8275 (3), 560.031 (2) (d), or 560.605 (1) (p) 2. d. or by a local governmental
17unit, as defined in s. 66.0903 (1) (d), under s. 66.0903 (6) who permits any part of the
18wages to which that person is entitled under the prevailing wage rate determination
19issued by the department or local governmental unit to be deducted from his or her
20pay is guilty of a Class C misdemeanor, unless the deduction would be permitted
21under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to
2240 USC 276c.".
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