AB75-SSA1-CA1, s. 2186x
1Section 2186x. 103.49 (1) (bj) of the statutes is created to read:
AB75-SSA1-CA1,141,72 103.49 (1) (bj) "Minor service and maintenance work" means a project of public
3works that is limited to minor crack filling, chip or slurry sealing, or other minor
4pavement patching, not including overlays, that has a projected life span of no longer
5than 5 years cleaning of drainage or sewer ditches or structures; or any other limited,
6minor work on public facilities or equipment that is routinely performed to prevent
7breakdown or deterioration.".
AB75-SSA1-CA1,141,8 8612. Page 1166, line 11: after that line insert:
AB75-SSA1-CA1,141,9 9" Section 2186t. 103.49 (1) (am) of the statutes is created to read:
AB75-SSA1-CA1,141,1510 103.49 (1) (am) "Bona fide economic benefit" means an economic benefit for
11which an employer makes irrevocable contributions to a trust or fund created under
1229 USC 186 (c) or to any other bona fide plan, trust, program, or fund no less often
13than quarterly or, if an employer makes annual contributions to such a bona fide
14plan, trust, program, or fund, for which the employer irrevocably escrows moneys at
15least quarterly based on the employer's expected annual contribution.".
AB75-SSA1-CA1,141,16 16613. Page 1166, line 12: after that line insert:
AB75-SSA1-CA1,141,17 17" Section 2187f. 103.49 (1) (d) 1. of the statutes is amended to read:
AB75-SSA1-CA1,141,2418 103.49 (1) (d) 1. Except as provided in subd. 2., "prevailing wage rate" for any
19trade or occupation engaged in the erection, construction, remodeling, repairing or,
20demolition, or improvement of any project of public works in any area means the
21hourly basic rate of pay, plus the hourly contribution for health insurance benefits,
22vacation benefits, pension benefits, and any other bona fide economic benefit, paid
23directly or indirectly for a majority of the hours worked in the trade or occupation on
24projects in the area.
AB75-SSA1-CA1, s. 2187h
1Section 2187h. 103.49 (1) (d) 2. of the statutes is amended to read:
AB75-SSA1-CA1,142,112 103.49 (1) (d) 2. If there is no rate at which a majority of the hours worked in
3the trade or occupation on projects in the area is paid, "prevailing wage rate" for any
4trade or occupation engaged in the erection, construction, remodeling, repairing or,
5demolition, or improvement of any project of public works in any area means the
6average hourly basic rate of pay, weighted by the number of hours worked, plus the
7average hourly contribution, weighted by the number of hours worked, for health
8insurance benefits, vacation benefits, pension benefits, and any other bona fide
9economic benefit, paid directly or indirectly for all hours worked at the hourly basic
10rate of pay of the highest-paid 51% of hours worked in that trade or occupation on
11projects in that area.
AB75-SSA1-CA1, s. 2187j 12Section 2187j. 103.49 (1) (dm) of the statutes is created to read:
AB75-SSA1-CA1,142,1613 103.49 (1) (dm) "Project of public works" means a project involving the erection,
14construction, repair, remodeling, demolition, or improvement, including any
15alteration, painting, decorating, or grading, of a public facility, including land, a
16building, or other infrastructure.".
AB75-SSA1-CA1,142,17 17614. Page 1166, line 13: after that line insert:
AB75-SSA1-CA1,142,18 18" Section 2188e. 103.49 (1) (f) of the statutes is amended to read:
AB75-SSA1-CA1,143,219 103.49 (1) (f) "State agency" means any office, department, independent
20agency, institution of higher education, association, society or other body in state
21government created or authorized to be created by the constitution or any law,
22including the legislature and the courts. "State agency" also includes a state public
23body and corporate created by constitution, statute, rule, or order, including

1specifically
the University of Wisconsin Hospitals and Clinics Authority, the Fox
2River Navigational System Authority, and the Wisconsin Aerospace Authority.
AB75-SSA1-CA1, s. 2188f 3Section 2188f. 103.49 (1) (fm) of the statutes is created to read:
AB75-SSA1-CA1,143,84 103.49 (1) (fm) "Supply and installation contract" means a contract under
5which the material is installed by the supplier, the material is installed by means of
6simple fasteners or connectors such as screws or nuts and bolts and no other work
7is performed on the site of the project of public works, and the total labor cost to
8install the material does not exceed 20 percent of the total cost of the contract.".
AB75-SSA1-CA1,143,10 9615. Page 1166, line 16: delete "remodeled, repaired, or demolished" and
10substitute "repaired, remodeled, demolished, or improved".
AB75-SSA1-CA1,143,11 11616. Page 1166, line 18: after that line insert:
AB75-SSA1-CA1,143,14 12"(a) A project erected, constructed, repaired, remodeled, demolished, or
13improved by one state agency for another state agency under any contract or under
14any statute specifically authorizing cooperation between state agencies.".
AB75-SSA1-CA1,143,15 15617. Page 1166, line 19: delete that line and substitute:
AB75-SSA1-CA1,143,16 16"(b) A project in which the completed facility is leased,".
AB75-SSA1-CA1,143,19 17618. Page 1166, line 21: delete "construction of the building" and substitute
18"erection, construction, repair, remodeling, demolition, or improvement of the
19facility".
AB75-SSA1-CA1,143,21 20619. Page 1166, line 22: delete "(b) A road, street, sanitary sewer," and
21substitute:
AB75-SSA1-CA1,143,22 22"(c) A "sanitary sewer".
AB75-SSA1-CA1,144,3
1620. Page 1166, line 23: delete that line and substitute "sanitary sewer or
2water main is acquired by, or dedicated to, the state for ownership or maintenance
3by".
AB75-SSA1-CA1,144,5 4621. Page 1167, line 2: delete "or demolition" and substitute "demolition , or
5improvement
".
AB75-SSA1-CA1,144,6 6622. Page 1167, line 15: after "a project" insert "of public works".
AB75-SSA1-CA1,144,7 7623. Page 1167, line 23: after that line insert:
AB75-SSA1-CA1,144,8 8" Section 2188k. 103.49 (2m) (a) 1. of the statutes is amended to read:
AB75-SSA1-CA1,144,109 103.49 (2m) (a) 1. All laborers, workers, mechanics , and truck drivers
10employed on the site of a project of public works that is subject to this section.
AB75-SSA1-CA1, s. 2188m 11Section 2188m. 103.49 (2m) (a) 2. of the statutes is amended to read:
AB75-SSA1-CA1,144,1712 103.49 (2m) (a) 2. All laborers, workers, mechanics , and truck drivers
13employed in the manufacturing or furnishing of materials, articles, supplies, or
14equipment on the site of a project of public works that is subject to this section or from
15a facility dedicated exclusively, or nearly so, to a project of public works that is subject
16to this section by a contractor, subcontractor, agent, or other person performing any
17work on the site of the project.
AB75-SSA1-CA1, s. 2188p 18Section 2188p. 103.49 (2m) (b) 1. of the statutes is amended to read:
AB75-SSA1-CA1,145,219 103.49 (2m) (b) 1. The laborer, worker, mechanic, or truck driver is employed
20to go to the source of mineral aggregate such as sand, gravel, or stone that is to be
21immediately incorporated into the work, and not stockpiled or further transported
22by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the
23site of a project of public works that is subject to this section by depositing the

1material substantially in place, directly or through spreaders from the transporting
2vehicle.
AB75-SSA1-CA1, s. 2188r 3Section 2188r. 103.49 (2m) (b) 2. of the statutes is amended to read:
AB75-SSA1-CA1,145,74 103.49 (2m) (b) 2. The laborer, worker, mechanic, or truck driver is employed
5to go to the site of a project that is subject to this section, pick up excavated material
6or spoil from the site of the project of public works and transport that excavated
7material or spoil away from the site of the project.".
AB75-SSA1-CA1,145,9 8624. Page 1167, line 24: delete the material beginning with that line and
9ending with page 1168, line 21.
AB75-SSA1-CA1,145,10 10625. Page 1168, line 21: after that line insert:
AB75-SSA1-CA1,145,11 11" Section 2188v. 103.49 (3) (am) of the statutes is amended to read:
AB75-SSA1-CA1,145,1812 103.49 (3) (am) The department shall, by January 1 of each year, compile the
13prevailing wage rates for each trade or occupation in each area. The compilation
14shall, in addition to the current prevailing wage rates, include future prevailing
15wage rates when those prevailing wage rates can be determined for any trade or
16occupation in any area and shall specify the effective date of those future prevailing
17wage rates. If a construction project of public works extends into more than one area
18there shall be but one standard of prevailing wage rates for the entire project.".
AB75-SSA1-CA1,145,19 19626. Page 1169, line 3: after that line insert:
AB75-SSA1-CA1,145,20 20" Section 2189v. 103.49 (3) (c) of the statutes is amended to read:
AB75-SSA1-CA1,146,1021 103.49 (3) (c) In addition to the recalculation under par. (b), the state agency
22that requested the determination under this subsection may request a review of any
23portion of a determination within 30 days after the date of issuance of the
24determination if the state agency submits evidence with the request showing that

1the prevailing wage rate for any given trade or occupation included in the
2determination does not represent the prevailing wage rate for that trade or
3occupation in the city, village, or town in which the proposed project of public works
4is located. That evidence shall include wage rate information for the contested trade
5or occupation on at least 3 similar projects located in the city, village, or town where
6the proposed project of public works is located on which some work has been
7performed during the current survey period and which were considered by the
8department in issuing its most recent compilation under par. (am). The department
9shall affirm or modify the determination within 15 days after the date on which the
10department receives the request for review.".
AB75-SSA1-CA1,146,11 11627. Page 1169, line 16: delete lines 16 and 17 and substitute:
AB75-SSA1-CA1,146,12 12" Section 2190j. 103.49 (3g) (c) of the statutes is created to read:
AB75-SSA1-CA1,146,1413 103.49 (3g) (c) Minor service or maintenance work, warranty work, or work
14under a supply and installation contract.
AB75-SSA1-CA1, s. 2190n 15Section 2190n. 103.49 (4r) (b) of the statutes is amended to read:
AB75-SSA1-CA1,146,2116 103.49 (4r) (b) Upon completion of a project of public works and before
17receiving final payment for his or her work on the project, each agent or
18subcontractor shall furnish the contractor with an affidavit stating that the agent
19or subcontractor has complied fully with the requirements of this section. A
20contractor may not authorize final payment until the affidavit is filed in proper form
21and order.
AB75-SSA1-CA1, s. 2190p 22Section 2190p. 103.49 (4r) (c) of the statutes is amended to read:
AB75-SSA1-CA1,147,1223 103.49 (4r) (c) Upon completion of a project of public works and before receiving
24final payment for his or her work on the project, each contractor shall file with the

1state agency authorizing the work an affidavit stating that the contractor has
2complied fully with the requirements of this section and that the contractor has
3received an affidavit under par. (b) from each of the contractor's agents and
4subcontractors. A state agency may not authorize a final payment until the affidavit
5is filed in proper form and order. If a state agency authorizes a final payment before
6an affidavit is filed in proper form and order or if the department determines, based
7on the greater weight of the credible evidence, that any person performing the work
8specified in sub. (2m) has been or may have been paid less than the prevailing wage
9rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess
10of the prevailing hours of labor and requests that the state agency withhold all or part
11of the final payment, but the state agency fails to do so, the state agency is liable for
12all back wages payable up to the amount of the final payment.
AB75-SSA1-CA1, s. 2191d 13Section 2191d. 103.49 (5) (a) of the statutes is amended to read:
AB75-SSA1-CA1,147,1914 103.49 (5) (a) Each contractor, subcontractor, or contractor's or subcontractor's
15agent performing work on a project of public works that is subject to this section shall
16keep full and accurate records clearly indicating the name and trade or occupation
17of every person performing the work described in sub. (2m) and an accurate record
18of the number of hours worked by each of those persons and the actual wages paid
19for the hours worked.".
AB75-SSA1-CA1,148,2 20628. Page 1169, line 25: delete the material beginning with that line and
21ending with page 1170, line 1, and substitute "apply to a contractor, subcontractor,
22or agent if all persons employed by the contractor, subcontractor, or agent who are
23performing the work described in sub. (2m) are covered under a collective bargaining

1agreement and the wage rates for those persons under the collective bargaining
2agreement are not less than the prevailing wage rate. In that case, the contractor,".
AB75-SSA1-CA1,148,5 3629. Page 1170, line 3: delete "the collective bargaining agreement" and
4substitute "all collective bargaining agreements that are pertinent to the project of
5public works".
AB75-SSA1-CA1,148,6 6630. Page 1170, line 13: after that line insert:
AB75-SSA1-CA1,148,7 7" Section 2191h. 103.49 (5) (b) of the statutes is amended to read:
AB75-SSA1-CA1,148,188 103.49 (5) (b) It shall be the duty of the department to enforce this section. To
9this end it may demand and examine, and every contractor, subcontractor, and
10contractor's and subcontractor's agent shall keep, and furnish upon request by the
11department, copies of payrolls and other records and information relating to the
12wages paid to persons performing the work described in sub. (2m) for work to which
13this section applies. The department may inspect records in the manner provided
14in this chapter. Every contractor, subcontractor, or agent performing work on a
15project of public works that is subject to this section is subject to the requirements
16of this chapter relating to the examination of records. Section 111.322 (2m) applies
17to discharge and other discriminatory acts arising in connection with any proceeding
18under this section.".
AB75-SSA1-CA1,148,19 19631. Page 1170, line 17: after "project" insert "of public works".
AB75-SSA1-CA1,148,20 20632. Page 1171, line 8: after that line insert:
AB75-SSA1-CA1,148,22 21" Section 2192e. 103.49 (6m) (a) of the statutes is renumbered 103.49 (6m)
22(am).
AB75-SSA1-CA1, s. 2192f 23Section 2192f. 103.49 (6m) (ag) of the statutes is created to read:
AB75-SSA1-CA1,149,7
1103.49 (6m) (ag) 1. Any contractor, subcontractor, or contractor's or
2subcontractor's agent who fails to pay the prevailing wage rate determined by the
3department under sub. (3) or who pays less than 1.5 times the hourly basic rate of
4pay for all hours worked in excess of the prevailing hours of labor is liable to any
5affected employee in the amount of his or her unpaid wages or his or her unpaid
6overtime compensation and in an additional amount as liquidated damages as
7provided in subd. 2., 3., or 4., whichever is applicable.
AB75-SSA1-CA1,149,168 2. If the department determines upon inspection under sub. (5) (b) or (c) that
9a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
10the prevailing wage rate determined by the department under sub. (3) or has paid
11less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
12prevailing hours of labor, the department shall order the contractor to pay to any
13affected employee the amount of his or her unpaid wages or his or her unpaid
14overtime compensation and an additional amount equal to 100 percent of the amount
15of those unpaid wages or that unpaid overtime compensation as liquidated damages
16within a period specified by the department in the order.
AB75-SSA1-CA1,150,417 3. In addition to or in lieu of recovering the liability specified in subd. 1. as
18provided in subd. 2., any employee for and in behalf of that employee and other
19employees similarly situated may commence an action to recover that liability in any
20court of competent jurisdiction. In an action that is commenced before the end of any
21period specified by the department under subd. 2., if the court finds that a contractor,
22subcontractor, or contractor's or subcontractor's agent has failed to pay the
23prevailing wage rate determined by the department under sub. (3) or has paid less
24than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
25prevailing hours of labor, the court shall order the contractor, subcontractor, or agent

1to pay to any affected employee the amount of his or her unpaid wages or his or her
2unpaid overtime compensation and an additional amount equal to 100 percent of the
3amount of those unpaid wages or that unpaid overtime compensation as liquidated
4damages.
AB75-SSA1-CA1,150,135 4. In an action that is commenced after the end of any period specified by the
6department under subd. 2., if the court finds that a contractor, subcontractor, or
7contractor's or subcontractor's agent has failed to pay the prevailing wage rate
8determined by the department under sub. (3) or has paid less than 1.5 times the
9hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
10the court shall order the contractor, subcontractor, or agent to pay to any affected
11employee the amount of his or her unpaid wages or his or her unpaid overtime
12compensation and an additional amount equal to 200 percent of the amount of those
13unpaid wages or that unpaid overtime compensation as liquidated damages.
AB75-SSA1-CA1,150,1814 5. No employee may be a party plaintiff to an action under subd. 3. or 4. unless
15the employee consents in writing to become a party and the consent is filed in the
16court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall,
17in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
18and costs to be paid by the defendant.".
AB75-SSA1-CA1,150,19 19633. Page 1171, line 8: after that line insert:
AB75-SSA1-CA1,150,20 20" Section 2192p. 103.49 (6m) (b) of the statutes is amended to read:
AB75-SSA1-CA1,151,421 103.49 (6m) (b) Whoever induces any person who seeks to be or is employed on
22any project of public works that is subject to this section to give up, waive, or return
23any part of the wages to which the person is entitled under the contract governing
24the project, or who reduces the hourly basic rate of pay normally paid to a person for

1work on a project that is not subject to this section during a week in which the person
2works both on a project of public works that is subject to this section and on a project
3that is not subject to this section, by threat not to employ, by threat of dismissal from
4employment, or by any other means is guilty of an offense under s. 946.15 (1).
AB75-SSA1-CA1, s. 2192r 5Section 2192r. 103.49 (6m) (c) of the statutes is amended to read:
AB75-SSA1-CA1,151,156 103.49 (6m) (c) Any person employed on a project of public works that is subject
7to this section who knowingly permits a contractor, subcontractor, or contractor's or
8subcontractor's agent to pay him or her less than the prevailing wage rate set forth
9in the contract governing the project, who gives up, waives, or returns any part of the
10compensation to which he or she is entitled under the contract, or who gives up,
11waives, or returns any part of the compensation to which he or she is normally
12entitled for work on a project that is not subject to this section during a week in which
13the person works both on a project of public works that is subject to this section and
14on a project that is not subject to this section, is guilty of an offense under s. 946.15
15(2).".
AB75-SSA1-CA1,151,16 16634. Page 1171, line 11: after "project" insert "of public works".
AB75-SSA1-CA1,151,17 17635. Page 1171, line 17: after "project" insert "of public works".
AB75-SSA1-CA1,151,18 18636. Page 1171, line 22: after that line insert:
AB75-SSA1-CA1,151,19 19" Section 2194g. 103.49 (6m) (f) of the statutes is amended to read:
AB75-SSA1-CA1,151,2220 103.49 (6m) (f) Paragraph (a) (am) does not apply to any person who fails to
21provide any information to the department to assist the department in determining
22prevailing wage rates under sub. (3) (a) or (am).".
AB75-SSA1-CA1,151,23 23637. Page 1171, line 22: after that line insert:
AB75-SSA1-CA1,151,24 24" Section 2194j. 103.49 (7) (d) of the statutes is amended to read:
AB75-SSA1-CA1,152,9
1103.49 (7) (d) Any person submitting a bid on a project of public works that is
2subject to this section shall, on the date the person submits the bid, identify any
3construction business in which the person, or a shareholder, officer , or partner of the
4person, if the person is a business, owns, or has owned at least a 25% interest on the
5date the person submits the bid or at any other time within 3 years preceding the date
6the person submits the bid, if the business has been found to have failed to pay the
7prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
8the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
9labor.".
AB75-SSA1-CA1,152,10 10638. Page 1174, line 25: after "provides" insert "direct".
AB75-SSA1-CA1,152,11 11639. Page 1175, line 6: delete lines 6 and 7.
AB75-SSA1-CA1,152,12 12640. Page 1175, line 11: delete lines 11 and 12.
AB75-SSA1-CA1,152,14 13641. Page 1175, line 16: delete the material beginning with that line and
14ending with page 1180, line 3, and substitute:
AB75-SSA1-CA1,153,2 15"(2) Apprenticeship reports. (a) By no later than 15 days after the end of a
16month in which an employer performs work on a project, the employer shall submit
17to the department in an electronic format a report of the daily number of employees
18employed by the employer on the project in trades that are apprenticeable under this
19subchapter, the daily number of apprentices employed on the project, the race, sex,
20and average age of those apprentices, and the daily number of hours worked by those
21apprentices. The department shall post on its Internet site a running summary of
22those reports summarizing for each month the total number of employees employed
23on projects in this state in trades that are apprenticeable under this subchapter, the

1total number of apprentices employed on those projects, the race, sex, and average
2age of those apprentices, and the total number of hours worked by those apprentices.
AB75-SSA1-CA1,153,103 (b) The department shall grant an employer a total grace period of not more
4than 10 days in each calendar year for submitting the reports under par. (a). All
5projects on which an employer performs work during a calendar year, whether as a
6contractor, subcontractor, or agent of a contractor or subcontractor, are subject to a
7single grace period under this paragraph. If an employer exceeds that grace period,
8the employer shall forfeit, for each project on which the employer performs work
9during the calendar year, $1,000 for each day by which the employer exceeds the
10grace period.
AB75-SSA1-CA1,153,15 11(3) Waiver. If the department grants an exception or modification to any
12requirement in any contract for the performance of work on a project relating to the
13employment and training of apprentices, the department shall post that information
14on its Internet site, together with a detailed explanation of why the exception or
15modification was granted.
AB75-SSA1-CA1,153,24 16(4) Debarment. (a) Except as provided under pars. (b) and (c), the department
17shall distribute to all state agencies a list of all persons whom the department has
18found to have exceeded the grace period under sub. (2) (b) at any time in the
19preceding 3 years. The department shall include with any name the address of the
20person and shall specify when the person exceeded the grace period under sub. (2)
21(b). A state agency may not award any contract to the person unless otherwise
22recommended by the department or unless 3 years have elapsed from the date on
23which the department issued its findings or date of final determination by a court of
24competent jurisdiction, whichever is later.
AB75-SSA1-CA1,154,3
1(b) The department may not include in a notification under par. (a) the name
2of any person on the basis of having let work to a person whom the department has
3found to have exceeded the grace period under sub. (2) (b).
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