AB75-ASA1, s. 2188 13Section 2188. 103.49 (1) (e) of the statutes is repealed.
AB75-ASA1, s. 2188f 14Section 2188f. 103.49 (1m) of the statutes is created to read:
AB75-ASA1,1166,1815 103.49 (1m) Applicability. Subject to sub. (3g), this section applies to any
16project of public works erected, constructed, remodeled, repaired, or demolished for
17the state or a state agency, other than a highway, street, or bridge construction or
18maintenance project, including all of the following:
AB75-ASA1,1166,2119 (a) A building construction project in which the completed building is leased,
20purchased, lease purchased, or otherwise acquired by, or dedicated to, the state in
21lieu of the state or a state agency contracting for the construction of the building.
AB75-ASA1,1166,2422 (b) A road, street, sanitary sewer, or water main project in which the completed
23road, street, sanitary sewer, or water main is dedicated to the state for ownership by
24the state.
AB75-ASA1, s. 2188h 25Section 2188h. 103.49 (2) of the statutes is amended to read:
AB75-ASA1,1167,23
1103.49 (2) Prevailing wage rates and hours of labor. Any contract hereafter
2made for the erection, construction, remodeling, repairing, or demolition of any
3project of public works, except contracts for the construction or maintenance of public
4highways, streets, and bridges,
to which the state or any state agency is a party shall
5contain a stipulation that no person performing the work described in sub. (2m) may
6be permitted to work a greater number of hours per day or per week than the
7prevailing hours of labor, except that any such person may be permitted or required
8to work more than such prevailing hours of labor per day and per week if he or she
9is paid for all hours worked in excess of the prevailing hours of labor at a rate of at
10least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than
11the prevailing wage rate determined under sub. (3) in the same or most similar trade
12or occupation in the area wherein such in which the project of public works is
13situated. A reference to the prevailing wage rates determined under sub. (3) and the
14prevailing hours of labor shall be published in the notice issued for the purpose of
15securing bids for the project. If any contract or subcontract for a project that is
16subject to this section is entered into, the prevailing wage rates determined under
17sub. (3) and the prevailing hours of labor shall be physically incorporated into and
18made a part of the contract or subcontract, except that for a minor subcontract, as
19determined by the department, the department shall prescribe by rule the method
20of notifying the minor subcontractor of the prevailing wage rates and prevailing
21hours of labor applicable to the minor subcontract. The prevailing wage rates and
22prevailing hours of labor applicable to a contract or subcontract may not be changed
23during the time that the contract or subcontract is in force.
AB75-ASA1, s. 2188s 24Section 2188s. 103.49 (2m) (b) 3. of the statutes is created to read:
AB75-ASA1,1168,5
1103.49 (2m) (b) 3. The laborer, worker, or mechanic is employed at a
2commercial establishment that regularly supplies plumbing systems, steam or hot
3water systems, sprinkler systems, mechanical systems, or pipework and is employed
4in the fabrication of those systems or that pipework for incorporation into a project
5of public works.
AB75-ASA1, s. 2188t 6Section 2188t. 103.49 (3) (a) of the statutes is amended to read:
AB75-ASA1,1168,217 103.49 (3) (a) Before bids are asked for any work to which this section applies,
8the state agency having the authority to prescribe the specifications shall apply to
9the department to determine the prevailing wage rate for each trade or occupation
10required in the work under contemplation in the area in which the work is to be done
11project is located. The department shall conduct investigations and hold public
12hearings as necessary to define the trades or occupations that are commonly
13employed on projects that are subject to this section and to inform itself as to the
14prevailing wage rates in all areas of the state for those trades or occupations, in order
15to determine the prevailing wage rate for each trade or occupation. The department
16shall issue its determination within 30 days after receiving the request and shall file
17the determination with the requesting state agency. For the information of the
18employees working on the project, the prevailing wage rates determined by the
19department, the prevailing hours of labor and the provisions of subs. (2) and (6m)
20shall be kept posted by the state agency in at least one conspicuous and easily
21accessible place on the site of the project.
AB75-ASA1, s. 2189 22Section 2189. 103.49 (3) (ar) of the statutes is amended to read:
AB75-ASA1,1169,323 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the
24department may not use data from projects that are subject to this section, s. 66.0903,
2566.0904, 103.50, or 229.8275 or 40 USC 276a 3142 unless the department determines

1that there is insufficient wage data in the area to determine those prevailing wage
2rates, in which case the department may use data from projects that are subject to
3this section, s. 66.0903, 66.0904, 103.50, or 229.8275 or 40 USC 276a 3142.
AB75-ASA1, s. 2190d 4Section 2190d. 103.49 (3g) of the statutes is renumbered 103.49 (3g) (intro.)
5and amended to read:
AB75-ASA1,1169,76 103.49 (3g) Nonapplicability. (intro.) This section does not apply to any
7single-trade public works project of the following:
AB75-ASA1,1169,12 8(a) A project of public works for which the estimated project cost of completion
9is less than $30,000 or an amount determined by the department under s. 66.0903
10(5) or to any multiple-trade public works project for which the estimated project cost
11of completion is less than $150,000 or an amount determined by the department
12under s. 66.0903 (5)
$25,000.
AB75-ASA1, s. 2190f 13Section 2190f. 103.49 (3g) (b) of the statutes is created to read:
AB75-ASA1,1169,1514 103.49 (3g) (b) A project of public works in which the labor for the project is
15provided by unpaid volunteers.
AB75-ASA1, s. 2190h 16Section 2190h. 103.49 (3g) (c) of the statutes is created to read:
AB75-ASA1,1169,1717 103.49 (3g) (c) Minor service, maintenance, or warranty work.
AB75-ASA1, s. 2191f 18Section 2191f. 103.49 (5) (am) of the statutes is created to read:
AB75-ASA1,1170,519 103.49 (5) (am) 1. Except as provided in this subdivision, by no later than the
20end of the first week of a month following a month in which a contractor,
21subcontractor, or contractor's or subcontractor's agent performs work on a project of
22public works that is subject to this section, the contractor, subcontractor, or agent
23shall submit to the department in an electronic format a certified record of the
24information specified in par. (a) for that preceding month. This requirement does not
25apply with respect to a person performing the work described in sub. (2m) who is

1covered under a collective bargaining agreement. In that case, the contractor,
2subcontractor, or agent shall submit to the department in an electronic format a copy
3of the collective bargaining agreement by no later than the end of the first week of
4the first month in which the contractor, subcontractor, or agent performs work on the
5project of public works.
AB75-ASA1,1170,136 2. The department shall post on its Internet site all certified records and
7collective bargaining agreements submitted to the department under subd. 1.,
8except that the department may not post on that site the name of or any other
9personally identifiable information relating to any employee of a contractor,
10subcontractor, or agent that submits information to the department under subd. 1.
11In this subdivision, "personally identifiable information" does not include an
12employee's trade or occupation, his or her hours of work, or the wages paid for those
13hours worked.
AB75-ASA1, s. 2192 14Section 2192. 103.49 (5) (c) of the statutes is amended to read:
AB75-ASA1,1171,815 103.49 (5) (c) If requested by any person, the department shall inspect the
16payroll records of any contractor, subcontractor, or agent performing work on a
17project that is subject to this section to ensure compliance with this section. If In the
18case of a request made by a person performing the work specified in sub. (2m), if the
19department finds that
the contractor, subcontractor, or agent subject to the
20inspection is found to be in compliance and if the person making the request is a
21person performing the work specified in sub. (2m)
that the request is frivolous, the
22department shall charge the person making the request the actual cost of the
23inspection. If In the case of a request made by a person not performing the work
24specified in sub. (2m), if the department finds that
the contractor, subcontractor, or
25agent subject to the inspection is found to be in compliance and if the person making

1the request is not a person performing the work specified in sub. (2m)
that the
2request is frivolous
, the department shall charge the person making the request $250
3or the actual cost of the inspection, whichever is greater. In order to find that a
4request is frivolous, the department must find that the person making the request
5made the request in bad faith, solely for the purpose of harassing or maliciously
6injuring the contractor, subcontractor, or agent subject to the inspection, or that the
7person making the request knew, or should have known, that there was no
8reasonable basis for believing that a violation of this section had been committed.
AB75-ASA1, s. 2193 9Section 2193. 103.49 (6m) (d) of the statutes is amended to read:
AB75-ASA1,1171,1510 103.49 (6m) (d) Whoever induces any person who seeks to be or is employed
11on any project that is subject to this section to permit any part of the wages to which
12the person is entitled under the contract governing the project to be deducted from
13the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would
14be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that
15is subject to 40 USC 276c 3142.
AB75-ASA1, s. 2194 16Section 2194. 103.49 (6m) (e) of the statutes is amended to read:
AB75-ASA1,1171,2217 103.49 (6m) (e) Any person employed on a project that is subject to this section
18who knowingly permits any part of the wages to which he or she is entitled under the
19contract governing the project to be deducted from his or her pay is guilty of an
20offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR
213.5
or 3.6 from a person who is working on a project that is subject to 40 USC 276c
223142.
AB75-ASA1, s. 2196 23Section 2196. 103.50 (4m) of the statutes is amended to read:
AB75-ASA1,1172,3
1103.50 (4m) Wage rate data. In determining prevailing wage rates for projects
2that are subject to this section, the department shall use data from projects that are
3subject to this section, s. 66.0903, 66.0904, or 103.49 or 40 USC 276a 3142.
AB75-ASA1, s. 2197 4Section 2197. 103.50 (7) (d) of the statutes is amended to read:
AB75-ASA1,1172,105 103.50 (7) (d) Whoever induces any person who seeks to be or is employed on
6any project that is subject to this section to permit any part of the wages to which the
7person is entitled under the contract governing the project to be deducted from the
8person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would
9be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that
10is subject to 40 USC 276c 3142.
AB75-ASA1, s. 2198 11Section 2198. 103.50 (7) (e) of the statutes is amended to read:
AB75-ASA1,1172,1712 103.50 (7) (e) Any person employed on a project that is subject to this section
13who knowingly permits any part of the wages to which he or she is entitled under the
14contract governing the project to be deducted from his or her pay is guilty of an
15offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR
163.5
or 3.6 from a person who is working on a project that is subject to 40 USC 276c
173142.
AB75-ASA1, s. 2199 18Section 2199. 103.503 (title) of the statutes is amended to read:
AB75-ASA1,1172,20 19103.503 (title) Substance abuse prevention on public works and
20publicly funded
projects.
AB75-ASA1, s. 2200 21Section 2200. 103.503 (1) (a) of the statutes is amended to read:
AB75-ASA1,1173,222 103.503 (1) (a) "Accident" means an incident caused, contributed to, or
23otherwise involving an employee that resulted or could have resulted in death,
24personal injury, or property damage and that occurred while the employee was

1performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a
2project.
AB75-ASA1, s. 2201 3Section 2201. 103.503 (1) (c) of the statutes is amended to read:
AB75-ASA1,1173,74 103.503 (1) (c) "Contracting agency" means a local governmental unit, as
5defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 (1) (f), or an
6owner or developer under s. 66.0904
that has contracted for the performance of work
7on a project.
AB75-ASA1, s. 2202 8Section 2202. 103.503 (1) (e) of the statutes is amended to read:
AB75-ASA1,1173,119 103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
10who performs the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a
11project.
AB75-ASA1, s. 2203 12Section 2203. 103.503 (1) (g) of the statutes is amended to read:
AB75-ASA1,1173,1513 103.503 (1) (g) "Project" mean a project of public works that is subject to s.
1466.0903 or 103.49 or a publicly funded private construction project that is subject to
15s. 66.0904
.
AB75-ASA1, s. 2204 16Section 2204. 103.503 (2) of the statutes is amended to read:
AB75-ASA1,1173,2317 103.503 (2) Substance abuse prohibited. No employee may use, possess,
18attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
19be under the influence of alcohol, while performing the work described in s. 66.0903
20(4), 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under
21the influence of alcohol for purposes of this subsection if he or she has an alcohol
22concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
23(d).
AB75-ASA1, s. 2205 24Section 2205. 103.503 (3) (a) 2. of the statutes is amended to read:
AB75-ASA1,1174,7
1103.503 (3) (a) 2. A requirement that employees performing the work described
2in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random,
3reasonable suspicion, and post-accident drug and alcohol testing and to drug and
4alcohol testing before commencing work on a project, except that testing of an
5employee before commencing work on a project is not required if the employee has
6been participating in a random testing program during the 90 days preceding the
7date on which the employee commenced work on the project.
AB75-ASA1, s. 2206d 8Section 2206d. 103.805 (1) of the statutes is amended to read:
AB75-ASA1,1174,229 103.805 (1) The department or a permit officer shall fix and collect a reasonable
10fee based on the cost of issuance of
collect a fee in the amount of $10 for issuing
11permits under ss. 103.25 and 103.71 and certificates of age under s. 103.75. The
12department may authorize the retention of the fees by the
A person designated to
13issue permits and certificates of age as compensation for the person's services if the
14person
who is not on the payroll of the division administering this chapter may retain
15$2.50 of that fee as compensation for the person's services and shall forward $7.50
16of that fee to the department, which shall deposit that amount forwarded in the
17general fund and credit $5 of that amount forwarded to the appropriation account
18under s. 20.445 (1) (gk). A person designated to issue permits and certificates of age
19who is on the payroll of the division administering this chapter shall forward that
20fee to the department, which shall deposit that fee in the general fund and credit $5
21of that fee to the appropriation account under s. 20.445 (1) (gk)
. The permit officer
22shall account for all fees collected as the department prescribes.
AB75-ASA1, s. 2207 23Section 2207. 104.001 (3) (am) of the statutes is created to read:
AB75-ASA1,1175,224 104.001 (3) (am) The requirement that employees employed on a publicly
25funded private construction project for which a city, village, town, or county provides

1financial assistance, as defined in s. 66.0904 (1) (c), be paid at the prevailing wage
2rate, as defined in s. 66.0904 (1) (h), as required under s. 66.0904.
AB75-ASA1, s. 2207n 3Section 2207n. 106.04 of the statutes is created to read:
AB75-ASA1,1175,5 4106.04 Employment of apprentices on state public works projects. (1)
5Definitions. In this section:
AB75-ASA1,1175,76 (a) "Apprenticeship trade trainer" means an employer whose apprenticeship
7training program has been approved by the department under sub. (3).
AB75-ASA1,1175,108 (b) "Employer" means a contractor, subcontractor, or agent of a contractor or
9subcontractor that employs 5 or more employees in trades that are apprenticeable
10under this subchapter.
AB75-ASA1,1175,1211 (c) "New hire" means an apprentice or journeyman who is hired by an employer
12after the employer submits a bid to perform work on a project.
AB75-ASA1,1175,1513 (d) "Project" means a project of public works that is subject to s. 103.49 or 103.50
14in which work is performed by employees employed in trades that are apprenticeable
15under this subchapter.
AB75-ASA1,1175,1816 (e) "Skilled workforce" means that portion of the workforce of an employer that
17consists of employees who are employed in trades that are apprenticeable under this
18subchapter.
AB75-ASA1,1175,2119 (f) "Training ratio" means the ratio of apprentices to journeymen that may be
20employed by an employer in a given trade under standards adopted, recognized, or
21approved by the department.
AB75-ASA1,1175,25 22(2) Employment of apprentices. (a) Subject to par. (b) and sub. (5), a state
23agency that enters into a contract for the performance of work on a project shall
24include in that contract a provision requiring that as a condition to performing that
25work an employer meet all of the following requirements:
AB75-ASA1,1176,3
11. Be approved as an apprenticeship trade trainer or have an application
2pending for that approval at the time the bid to perform work on the project is
3submitted.
AB75-ASA1,1176,54 2. Be certified as the sponsor of an acceptable apprenticeship program under
5sub. (4).
AB75-ASA1,1176,76 (b) Paragraph (a) does not require the employment of an apprentice if that
7employment would displace any journeyman employed on the project.
AB75-ASA1,1176,118 (c) A reference to the requirements under par. (a) shall be published in the
9notice issued for the purpose of securing bids for the project and shall be posted by
10the state agency in at least one conspicuous and easily accessible place on the site
11of the project.
AB75-ASA1,1176,19 12(3) Apprenticeship training. Before submitting a bid to perform work on a
13project, an employer shall apply to the department for approval of the employer's
14apprenticeship training program. If the training program meets an acceptable
15quality of training, as determined by the department, the department shall approve
16that training program and certify the employer as an apprenticeship trade trainer.
17After certification, the department shall periodically review an apprenticeship trade
18trainer's apprentice training program to ensure that the trainer is meeting an
19acceptable quality of training.
AB75-ASA1,1177,7 20(4) Acceptable apprenticeship program. (a) Before submitting a bid to
21perform work on a project, an employer shall submit information to the department
22showing that the employer's total skilled workforce meets any of the requirements
23specified in par. (b) 1. or 2. or, if the employer cannot meet any of those requirements,
24the employer shall make a commitment that the employer's skilled workforce for the
25project will meet any of the requirements specified in par. (c) 1., 2., or 3. If an

1employer's total skilled workforce or workforce for the project meets any of those
2requirements, the department shall certify that the employer is the sponsor of an
3acceptable apprenticeship program. A certification under par. (b) is valid for one year
4after the date of the certification. A certification under par. (c) is valid for the
5duration of the project, so long as the employer submits payrolls and other records
6and information to the department showing the employer's compliance with the
7commitment made under par. (c).
AB75-ASA1,1177,108 (b) The department shall certify that an employer is the sponsor of an
9acceptable apprenticeship program if at any time in the current or preceding year the
10employer employed any of the following:
AB75-ASA1,1177,1211 1. The maximum number of apprentices allowed under the employer's training
12ratio for each trade employed by the employer.
AB75-ASA1,1177,1713 2. In the case of an employer that is seeking certification to perform work on
14projects that are subject to s. 103.49, a skilled workforce in which not less than 10
15percent of the employees are apprentices or, in the case of an employer seeking
16certification to perform work on projects that are subject to s. 103.50, a skilled
17workforce in which not less than 5 percent of the employees are apprentices.
AB75-ASA1,1177,2018 (c) The department shall certify that an employer is the sponsor of an
19acceptable apprenticeship program for purposes of performing work on a particular
20project if the employer commits to employing on the project any of the following:
AB75-ASA1,1177,2221 1. The maximum number of apprentices allowed under the employer's training
22ratio for each trade included in the bid to perform work on the project.
AB75-ASA1,1178,423 2. In the case of an employer that is seeking certification to perform work on
24a project that is subject to s. 103.49, a skilled workforce in which not less than 10
25percent of the hours of work that will be performed on the site of the project will be

1performed by apprentices or, in the case of an employer seeking certification to
2perform work on a project that is subject to s. 103.50, a skilled workforce in which
3not less than 5 percent of the hours of work that will be performed on the site of the
4project will be performed by apprentices.
AB75-ASA1,1178,75 3. New hires so as to achieve the maximum number of apprentices allowed
6under the employer's training ratio for each trade included in the bid to perform work
7on the project.
AB75-ASA1,1178,14 8(5) Exemptions and modifications. An employer may apply to the department
9for an exemption from or modification to the requirements under sub. (2) (a). A
10request for an exemption or modification shall include a showing of good cause why
11the employer cannot comply with those requirements. If the department finds good
12cause for an employer's inability to comply with those requirements, the department
13may grant the requested exemption or modification. Reasons for granting an
14exemption or modification include all of the following:
AB75-ASA1,1178,1515 (a) A demonstrated lack of apprentices available in the area of the project.
AB75-ASA1,1178,1716 (b) The unsuitability of the employer's apprenticeship training program for the
17project or the unavailability of that program at the site of the project.
AB75-ASA1,1178,1918 (c) A disproportionately high ratio of material costs to labor hours on the
19project.
AB75-ASA1,1178,2120 (d) A documented depression in the construction industry in the area of the
21project.
AB75-ASA1,1178,2222 (e) Specific safety or certification considerations.
AB75-ASA1,1178,2523 (f) The necessity of meeting any equal employment opportunity, affirmative
24action, or other workforce participation requirements under any federal, state, or
25local laws, regulations, rules, or ordinances.
AB75-ASA1,1179,11
1(6) Compliance. (a) The department shall monitor compliance with this
2section. In monitoring that compliance the department shall also monitor the age,
3race, and sex of the apprentices employed by an employer performing work on a
4project and the hours worked by those apprentices. To that end, each employer
5performing work on a project shall keep copies of payrolls and other records and
6information as necessary for the department to perform that monitoring. The
7department may demand and examine, and each employer shall furnish upon
8request by the department, copies of those payrolls and other records and
9information. The department may inspect records in the manner provided in ch. 103.
10Every employer performing work on a project is subject to the requirements of ch. 103
11relating to the examination of records.
AB75-ASA1,1179,2012 (b) If an employer fails to meet the requirements of a contract under sub. (2)
13(a) implementing this section, the state agency that entered into the contract shall
14give the employer the opportunity to demonstrate that every good faith effort was
15made to meet the requirements of the contract. If the state agency determines that
16the employer is in compliance with the contract or has demonstrated that every good
17faith effort was made to meet those requirements, no further action shall be taken.
18If the state agency determines that the employer is not in compliance with the
19contract and has not demonstrated that every good faith effort was made to meet
20those requirements, the state agency shall bring an action for breach of contract.
AB75-ASA1,1179,2321 (c) An employer is responsible only for its own compliance with the
22requirements of a contract under sub. (2) (a) and is not responsible for compliance
23with those requirements by any other employer.
AB75-ASA1,1179,2524 (d) Section 111.322 (2m) applies to discharge and other discriminatory acts
25arising in connection with any proceeding under this section.
AB75-ASA1,1180,3
1(7) Construction. Nothing in this section shall be construed as creating any
2right, benefit, claim, or remedy enforceable against the state, any state agency, or
3any officer or employee of the state or of any state agency.
AB75-ASA1, s. 2207t 4Section 2207t. 106.30 of the statutes is created to read:
AB75-ASA1,1180,9 5106.30 Nursing workforce survey and grant. (1) Definition. In this
6section, "nurse" means a registered nurse licensed under s. 441.06 or permitted
7under s. 441.08, a licensed practical nurse licensed or permitted under s. 441.10, an
8advanced practice nurse prescriber certified under s. 441.16 (2), or a nurse-midwife
9licensed under s. 441.15.
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