AB64-SA6,33,119
(f) Paragraph (am) does not apply to any person who fails to provide any
10information to the department to assist the department in determining prevailing
11wage rates under sub. (3) (a) or (am).
AB64-SA6,33,23
12(7) Debarment. (a) Except as provided under pars. (b) and (c), the department
13shall distribute to all state agencies a list of all persons whom the department has
14found to have failed to pay the prevailing wage rate determined under sub. (3) or has
15found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
16in excess of the prevailing hours of labor at any time in the preceding 3 years. The
17department shall include with any name the address of the person and shall specify
18when the person failed to pay the prevailing wage rate and when the person paid less
19than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
20prevailing hours of labor. A state agency may not award any contract to the person
21unless otherwise recommended by the department or unless 3 years have elapsed
22from the date the department issued its findings or date of final determination by a
23court of competent jurisdiction, whichever is later.
AB64-SA6,34,324
(b) The department may not include in a notification under par. (a) the name
25of any person on the basis of having let work to a person whom the department has
1found to have failed to pay the prevailing wage rate determined under sub. (3) or has
2found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
3in excess of the prevailing hours of labor.
AB64-SA6,34,74
(c) This subsection does not apply to any contractor, subcontractor, or agent
5who in good faith commits a minor violation of this section, as determined on a
6case-by-case basis through administrative hearings with all rights to due process
7afforded to all parties or who has not exhausted or waived all appeals.
AB64-SA6,34,168
(d) Any person submitting a bid on a project of public works that is subject to
9this section shall, on the date the person submits the bid, identify any construction
10business in which the person, or a shareholder, officer, or partner of the person if the
11person is a business, owns or has owned at least a 25 percent interest on the date the
12person submits the bid or at any other time within 3 years preceding the date the
13person submits the bid, if the business has been found to have failed to pay the
14prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
15the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
16labor.
AB64-SA6,34,1717
(e) The department shall promulgate rules to administer this subsection.
AB64-SA6,15
18Section
15. 103.50 of the statutes is created to read:
AB64-SA6,34,19
19103.50 Highway contracts. (1) Definitions. In this section:
AB64-SA6,35,220
(a) “Area" means the county in which a proposed project that is subject to this
21section is located or, if the department determines that there is insufficient wage
22data in that county, “area" means those counties that are contiguous to that county
23or, if the department determines that there is insufficient wage data in those
24counties, “area" means those counties that are contiguous to those counties or, if the
1department determines that there is insufficient wage data in those counties, “area"
2means the entire state.
AB64-SA6,35,33
(b) “Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
AB64-SA6,35,44
(bg) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
AB64-SA6,35,55
(c) “Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
AB64-SA6,35,106
(d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
7occupation in any area means the hourly basic rate of pay, plus the hourly
8contribution for health insurance benefits, vacation benefits, pension benefits, and
9any other bona fide economic benefit, paid directly or indirectly, for a majority of the
10hours worked in the trade or occupation in the area.
AB64-SA6,35,1711
2. If there is no rate at which a majority of the hours worked in the trade or
12occupation in the area is paid, “prevailing wage rate" means the average hourly basic
13rate of pay, weighted by the number of hours worked, plus the average hourly
14contribution, weighted by the number of hours worked, for health insurance benefits,
15vacation benefits, pension benefits, and any other bona fide economic benefit, paid
16directly or indirectly for all hours worked at the hourly basic rate of pay of the
17highest-paid 51 percent of hours worked in that trade or occupation in that area.
AB64-SA6,35,1818
(e) “Truck driver" has the meaning given in s. 103.49 (1) (g).
AB64-SA6,36,4
19(2) Prevailing wage rates and hours of labor. No person performing the work
20described in sub. (2m) in the employ of a contractor, subcontractor, agent, or other
21person performing any work on a project under a contract based on bids as provided
22in s. 84.06 (2) to which the state is a party for the construction or improvement of any
23highway may be permitted to work a greater number of hours per day or per week
24than the prevailing hours of labor; nor may he or she be paid a lesser rate of wages
25than the prevailing wage rate in the area in which the work is to be done determined
1under sub. (3); except that any such person may be permitted or required to work
2more than such prevailing hours of labor per day and per week if he or she is paid
3for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5
4times his or her hourly basic rate of pay.
AB64-SA6,36,9
5(2g) Nonapplicability. This section does not apply to a single-trade project of
6public works, as defined in s. 103.49 (1) (em), for which the estimated project cost of
7completion is less than $48,000 or a multiple-trade project of public works, as
8defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less
9than $100,000.
AB64-SA6,36,14
10(2m) Covered employees. (a) Subject to par. (b), all of the following employees
11shall be paid the prevailing wage rate determined under sub. (3) and may not be
12permitted to work a greater number of hours per day or per week than the prevailing
13hours of labor, unless they are paid for all hours worked in excess of the prevailing
14hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
AB64-SA6,36,1615
1. All laborers, workers, mechanics, and truck drivers employed on the site of
16a project that is subject to this section.
AB64-SA6,36,2117
2. All laborers, workers, mechanics, and truck drivers employed in the
18manufacturing or furnishing of materials, articles, supplies, or equipment on the site
19of a project that is subject to this section or from a facility dedicated exclusively, or
20nearly so, to a project that is subject to this section by a contractor, subcontractor,
21agent, or other person performing any work on the site of the project.
AB64-SA6,37,422
(b) A laborer, worker, mechanic, or truck driver who is employed to process,
23manufacture, pick up, or deliver materials or products from a commercial
24establishment that has a fixed place of business from which the establishment
25supplies processed or manufactured materials or products or from a facility that is
1not dedicated exclusively, or nearly so, to a project that is subject to this section is not
2entitled to receive the prevailing wage rate determined under sub. (3) or to receive
3at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess
4of the prevailing hours of labor unless any of the following applies:
AB64-SA6,37,95
1. The laborer, worker, mechanic, or truck driver is employed to go to the source
6of mineral aggregate such as sand, gravel, or stone and deliver that mineral
7aggregate to the site of a project that is subject to this section by depositing the
8material directly in final place, from the transporting vehicle or through spreaders
9from the transporting vehicle.
AB64-SA6,37,1310
2. The laborer, worker, mechanic, or truck driver is employed to go to the site
11of a project that is subject to this section, pick up excavated material or spoil from
12the site of the project, and transport that excavated material or spoil away from the
13site of the project and return to the site of the project.
AB64-SA6,37,1514
(c) A truck driver who is an owner-operator of a truck shall be paid separately
15for his or her work and for the use of his or her truck.
AB64-SA6,37,21
16(3) Investigations; determinations. The department shall conduct
17investigations and hold public hearings necessary to define the trades or occupations
18that are commonly employed in the highway construction industry and to inform
19itself as to the prevailing wage rates in all areas of the state for those trades or
20occupations, in order to ascertain and determine the prevailing wage rates
21accordingly.
AB64-SA6,38,8
22(4) Certification of prevailing wage rates. The department of workforce
23development shall, by May 1 of each year, certify to the department of transportation
24the prevailing wage rates in each area for all trades or occupations commonly
25employed in the highway construction industry. The certification shall, in addition
1to the current prevailing wage rates, include future prevailing wage rates when such
2prevailing wage rates can be determined for any such trade or occupation in any area
3and shall specify the effective date of those future prevailing wage rates. The
4certification shall also include wage rates for work performed on Sundays or the
5holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day
6or night when work is performed. If a construction project extends into more than
7one area, there shall be but one standard of prevailing wage rates for the entire
8project.
AB64-SA6,38,14
9(4m) Wage rate data. In determining prevailing wage rates for projects that
10are subject to this section, the department shall use data from projects that are
11subject to this section, s. 66.0903 or 103.49, or
40 USC 3142. In determining
12prevailing wage rates for those projects, the department may not use data from any
13construction work that is performed by a state agency or a local governmental unit,
14as defined in s. 66.0903 (1) (d).
AB64-SA6,38,18
15(5) Appeals to governor. If the department of transportation considers any
16determination of the department of workforce development as to the prevailing wage
17rates in an area to have been incorrect, it may appeal to the governor, whose
18determination shall be final.
AB64-SA6,39,9
19(6) Contents of contracts. A reference to the prevailing wage rates
20determined under sub. (3) and the prevailing hours of labor shall be published in the
21notice issued for the purpose of securing bids for a project. If any contract or
22subcontract for a project that is subject to this section is entered into, the prevailing
23wage rates determined under sub. (3) and the prevailing hours of labor shall be
24physically incorporated into and made a part of the contract or subcontract, except
25that for a minor subcontract, as determined by the department of workforce
1development, that department shall prescribe by rule the method of notifying the
2minor subcontractor of the prevailing wage rates and prevailing hours of labor
3applicable to the minor subcontract. The prevailing wage rates and prevailing hours
4of labor applicable to a contract or subcontract may not be changed during the time
5that the contract or subcontract is in force. For the information of the employees
6working on the project, the prevailing wage rates determined by the department, the
7prevailing hours of labor, and the provisions of subs. (2) and (7) shall be kept posted
8by the department of transportation in at least one conspicuous and easily accessible
9place on the site of the project.
AB64-SA6,39,13
10(7) Penalties. (a) Except as provided in pars. (b), (d), and (f), any contractor,
11subcontractor, or contractor's or subcontractor's agent who violates this section may
12be fined not more than $200 or imprisoned for not more than 6 months or both. Each
13day that a violation continues is a separate offense.
AB64-SA6,39,2114
(b) Whoever induces any person who seeks to be or is employed on any project
15that is subject to this section to give up, waive, or return any part of the wages to
16which the person is entitled under the contract governing the project, or who reduces
17the hourly basic rate of pay normally paid to a person for work on a project that is
18not subject to this section during a week in which the person works both on a project
19that is subject to this section and on a project that is not subject to this section, by
20threat not to employ, by threat of dismissal from employment or by any other means
21is guilty of an offense under s. 946.15 (1).
AB64-SA6,40,522
(c) Any person employed on a project that is subject to this section who
23knowingly permits a contractor, subcontractor, or contractor's or subcontractor's
24agent to pay him or her less than the prevailing wage rate set forth in the contract
25governing the project, who gives up, waives, or returns any part of the compensation
1to which he or she is entitled under the contract, or who gives up, waives, or returns
2any part of the compensation to which he or she is normally entitled for work on a
3project that is not subject to this section during a week in which the person works
4both on a project that is subject to this section and on a project that is not subject to
5this section, is guilty of an offense under s. 946.15 (2).
AB64-SA6,40,116
(d) Whoever induces any person who seeks to be or is employed on any project
7that is subject to this section to permit any part of the wages to which the person is
8entitled under the contract governing the project to be deducted from the person's
9pay is guilty of an offense under s. 946.15 (3), unless the deduction would be
10permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is
11subject to
40 USC 3142.
AB64-SA6,40,1612
(e) Any person employed on a project that is subject to this section who
13knowingly 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 3142.
AB64-SA6,40,1917
(f) Paragraph (a) does not apply to any person who fails to provide any
18information to the department to assist the department in determining prevailing
19wage rates under sub. (3) or (4).
AB64-SA6,41,4
20(8) Enforcement and prosecution. The department of transportation shall
21require adherence to subs. (2), (2m), and (6). The department of transportation may
22demand and examine, and every contractor, subcontractor, and contractor's or
23subcontractor's agent shall keep and furnish upon request by the department of
24transportation, copies of payrolls and other records and information relating to
25compliance with this section. Upon request of the department of transportation or
1upon complaint of alleged violation, the district attorney of the county in which the
2work is located shall investigate as necessary and prosecute violations in a court of
3competent jurisdiction. Section 111.322 (2m) applies to discharge and other
4discriminatory acts arising in connection with any proceeding under this section.
AB64-SA6,16
5Section
16. 103.503 (1) (a) of the statutes is amended to read:
AB64-SA6,41,116
103.503
(1) (a) “Accident" means an incident caused, contributed to, or
7otherwise involving an employee that resulted or could have resulted in death,
8personal injury, or property damage and that occurred while the employee was
9performing the work described in s. 66.0903 (4)
, 2013 stats., or
s. 16.856 103.49 (2m)
10on a project of public works or while the employee was performing work on a public
11utility project.
AB64-SA6,17
12Section
17. 103.503 (1) (c) of the statutes is amended to read:
AB64-SA6,41,1713
103.503
(1) (c) “Contracting agency" means a local governmental unit, as
14defined in s. 66.0903 (1) (d), or a state agency, as defined in s.
16.856 103.49 (1)
(h) 15(f), that has contracted for the performance of work on a project of public works or
16a public utility that has contracted for the performance of work on a public utility
17project.
AB64-SA6,18
18Section
18. 103.503 (1) (e) of the statutes is amended to read:
AB64-SA6,41,2119
103.503
(1) (e) “Employee" means a laborer, worker, mechanic, or truck driver
20who performs the work described in s. 66.0903 (4)
, 2013 stats., or
s. 16.856 103.49 21(2m) on a project of public works or on a public utility project.
AB64-SA6,19
22Section
19. 103.503 (1) (g) of the statutes is amended to read:
AB64-SA6,42,223
103.503
(1) (g) “Project of public works" means a project of public works that
24is subject to
s. 16.856 or that would be subject to s. 66.0903
, 2013 stats., if the project
1were erected, constructed, repaired, remodeled, or demolished prior to January 1,
22017 or 103.49.
AB64-SA6,20
3Section
20. 103.503 (2) of the statutes is amended to read:
AB64-SA6,42,114
103.503
(2) Substance abuse prohibited. No employee may use, possess,
5attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
6be under the influence of alcohol, while performing the work described in s. 66.0903
7(4)
, 2013 stats., or
s. 16.856
103.49 (2m) on a project of public works or while
8performing work on a public utility project. An employee is considered to be under
9the influence of alcohol for purposes of this subsection if he or she has an alcohol
10concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
11(d).
AB64-SA6,21
12Section
21. 103.503 (3) (a) 2. of the statutes is amended to read:
AB64-SA6,42,2013
103.503
(3) (a) 2. A requirement that employees performing the work described
14in s. 66.0903 (4)
, 2013 stats., or
s. 16.856 103.49 (2m) on a project of public works or
15performing work on a public utility project submit to random, reasonable suspicion,
16and post-accident drug and alcohol testing and to drug and alcohol testing before
17commencing work on the project, except that testing of an employee before
18commencing work on a project is not required if the employee has been participating
19in a random testing program during the 90 days preceding the date on which the
20employee commenced work on the project.
AB64-SA6,22
21Section
22. 104.001 (3) of the statutes is renumbered 104.001 (3) (intro.) and
22amended to read:
AB64-SA6,42,2323
104.001
(3) (intro.) This section does not affect
an any of the following:
AB64-SA6,43,3
24(b) An ordinance that
, subject to s. 66.0903, requires an employee of a county,
25city, village, or town, an employee who performs work under a contract for the
1provision of services to a county, city, village, or town, or an employee who performs
2work that is funded by financial assistance from a county, city, village, or town, to be
3paid at a minimum wage rate specified in the ordinance.
AB64-SA6,23
4Section
23. 104.001 (3) (a) of the statutes is created to read:
AB64-SA6,43,75
104.001
(3) (a) The requirement that employees employed on a public works
6project contracted for by a city, village, town, or county be paid at the prevailing wage
7rate, as defined in s. 66.0903 (1) (g), as required under s. 66.0903.
AB64-SA6,24
8Section
24. 106.04 (1) of the statutes is amended to read:
AB64-SA6,43,119
106.04
(1) Definition. In this section, “project" means a project of public works
10that is subject to s.
16.856 or 84.062 103.49 or 103.50 in which work is performed by
11employees employed in trades that are apprenticeable under this subchapter.
AB64-SA6,25
12Section
25. 109.09 (1) of the statutes is amended to read:
AB64-SA6,44,913
109.09
(1) The department shall investigate and attempt equitably to adjust
14controversies between employers and employees as to alleged wage claims. The
15department may receive and investigate any wage claim that is filed with the
16department, or received by the department under s. 109.10 (4), no later than 2 years
17after the date the wages are due. The department may, after receiving a wage claim,
18investigate any wages due from the employer against whom the claim is filed to any
19employee during the period commencing 2 years before the date the claim is filed.
20The department shall enforce this chapter and
s.
ss. 66.0903
, 2013 stats., s. 103.49,
212013 stats., and s. 229.8275, 2013 stats., and ss. 16.856, 103.02,
103.49, 103.82,
and 22104.12
, and 229.8275. In pursuance of this duty, the department may sue the
23employer on behalf of the employee to collect any wage claim or wage deficiency and
24ss. 109.03 (6) and 109.11 (2) and (3) shall apply to such actions. Except for actions
25under s. 109.10, the department may refer such an action to the district attorney of
1the county in which the violation occurs for prosecution and collection and the
2district attorney shall commence an action in the circuit court having appropriate
3jurisdiction. Any number of wage claims or wage deficiencies against the same
4employer may be joined in a single proceeding, but the court may order separate
5trials or hearings. In actions that are referred to a district attorney under this
6subsection, any taxable costs recovered by the district attorney shall be paid into the
7general fund of the county in which the violation occurs and used by that county to
8meet its financial responsibility under s. 978.13 (2) (b) for the operation of the office
9of the district attorney who prosecuted the action.
AB64-SA6,26
10Section
26. 111.322 (2m) (a) of the statutes is amended to read:
AB64-SA6,44,1411
111.322
(2m) (a) The individual files a complaint or attempts to enforce any
12right under s. 103.02, 103.10, 103.11, 103.13, 103.28, 103.32, 103.34, 103.455,
13103.50, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55, or ss. 101.58 to 101.599
14or 103.64 to 103.82.
AB64-SA6,27
15Section
27. 111.322 (2m) (b) of the statutes is amended to read:
AB64-SA6,44,1916
111.322
(2m) (b) The individual testifies or assists in any action or proceeding
17held under or to enforce any right under s. 103.02, 103.10, 103.11, 103.13, 103.28,
18103.32, 103.34,
103.50, 103.455, 104.12, 109.03, 109.07, 109.075, 146.997, or 995.55,
19or ss. 101.58 to 101.599 or 103.64 to 103.82.
AB64-SA6,28
20Section
28. 111.322 (2m) (c) of the statutes is amended to read:
AB64-SA6,44,2321
111.322
(2m) (c) The individual files a complaint or attempts to enforce a right
22under s.
16.856 or 84.062 66.0903, 103.49, or 229.8275 or testifies or assists in any
23action or proceeding under s.
16.856 or 84.062
66.0903, 103.49, or 229.8275.
AB64-SA6,29
24Section
29. 227.01 (13) (t) of the statutes is created to read:
AB64-SA6,45,4
1227.01
(13) (t) Ascertains and determines prevailing wage rates under ss.
266.0903, 103.49, 103.50, and 229.8275, except that any action or inaction which
3ascertains and determines prevailing wage rates under ss. 66.0903, 103.49, 103.50,
4and 229.8275 is subject to judicial review under s. 227.40.
AB64-SA6,30
5Section
30. 229.682 (2) of the statutes is created to read:
AB64-SA6,45,76
229.682
(2) Prevailing wage. The construction of a baseball park facility that
7is financed in whole or in part by a district is subject to s. 66.0903.
AB64-SA6,31
8Section
31. 229.8275 of the statutes is created to read:
AB64-SA6,45,14
9229.8275 Prevailing wage. A district may not enter into a contract under s.
10229.827 with a professional football team, as described in s. 229.823, or a related
11party that requires the team or related party to acquire and construct or renovate
12football stadium facilities that are part of any facilities that are leased by the district
13to the team or to a related party unless the professional football team or related party
14agrees as follows:
AB64-SA6,45,20
15(1) Not to permit any employee working on the football stadium facilities who
16would be entitled to receive the prevailing wage rate under s. 66.0903 and who would
17not be required or permitted to work more than the prevailing hours of labor, if the
18football stadium facilities were a project of public works subject to s. 66.0903, to be
19paid less than the prevailing wage rate or to be required or permitted to work more
20than the prevailing hours of labor, except as permitted under s. 66.0903 (4) (a).
AB64-SA6,45,25
21(2) To require any contractor, subcontractor, or agent thereof performing work
22on the football stadium facilities to keep and permit inspection of records in the same
23manner as a contractor, subcontractor, or agent thereof performing work on a project
24of public works that is subject to s. 66.0903 is required to keep and permit inspection
25of records under s. 66.0903 (10).
AB64-SA6,46,7
1(3) Otherwise to comply with s. 66.0903 in the same manner as a local
2governmental unit contracting for the erection, construction, remodeling, repairing,
3or demolition of a project of public works is required to comply with s. 66.0903 and
4to require any contractor, subcontractor, or agent thereof performing work on the
5football stadium facilities to comply with s. 66.0903 in the same manner as a
6contractor, subcontractor, or agent thereof performing work on a project of public
7works that is subject to s. 66.0903 is required to comply with s. 66.0903.
AB64-SA6,32
8Section
32. 946.15 of the statutes is repealed and recreated to read:
AB64-SA6,46,22
9946.15 Public construction contracts at less than full rate. (1) Any
10employer, or any agent or employee of an employer, who induces any person who
11seeks to be or is employed pursuant to a public contract, as defined in s. 66.0901 (1)
12(c), or who seeks to be or is employed on a project on which a prevailing wage rate
13determination has been issued by the department of workforce development under
14s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) to give up, waive, or return any
15part of the compensation to which that person is entitled under his or her contract
16of employment or under the prevailing wage rate determination issued by the
17department, or who reduces the hourly basic rate of pay normally paid to an
18employee for work on a project on which a prevailing wage rate determination has
19not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) during a
20week in which the employee works both on a project on which a prevailing wage rate
21determination has been issued and on a project on which a prevailing wage rate
22determination has not been issued, is guilty of a Class I felony.
AB64-SA6,47,10
23(2) Any person employed pursuant to a public contract, as defined in s. 66.0901
24(1) (c), or employed on a project on which a prevailing wage rate determination has
25been issued by the department of workforce development under s. 66.0903 (3), 103.49
1(3), 103.50 (3), or 229.8275 (3) who gives up, waives, or returns to the employer or
2agent of the employer any part of the compensation to which the employee is entitled
3under his or her contract of employment or under the prevailing wage determination
4issued by the department, or who gives up any part of the compensation to which he
5or she is normally entitled for work on a project on which a prevailing wage rate
6determination has not been issued under s. 66.0903 (3), 103.49 (3), 103.50 (3), or
7229.8275 (3) during a week in which the person works part-time on a project on
8which a prevailing wage rate determination has been issued and part-time on a
9project on which a prevailing wage rate determination has not been issued, is guilty
10of a Class C misdemeanor.
AB64-SA6,47,19
11(3) Any employer or labor organization, or any agent or employee of an
12employer or labor organization, who induces any person who seeks to be or is
13employed on a project on which a prevailing wage rate determination has been issued
14by the department of workforce development under s. 66.0903 (3), 103.49 (3), 103.50
15(3), or 229.8275 (3) to permit any part of the wages to which that person is entitled
16under the prevailing wage rate determination issued by the department or local
17governmental unit to be deducted from the person's pay is guilty of a Class I felony,
18unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who
19is working on a project that is subject to
40 USC 3142.
AB64-SA6,48,2
20(4) Any person employed on a project on which a prevailing wage rate
21determination has been issued by the department of workforce development under
22s. 66.0903 (3), 103.49 (3), 103.50 (3), or 229.8275 (3) who permits any part of the
23wages to which that person is entitled under the prevailing wage rate determination
24issued by the department or local governmental unit to be deducted from his or her
25pay is guilty of a Class C misdemeanor, unless the deduction would be permitted
1under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to
240 USC 3142.
AB64-SA6,33
3Section
33. 978.05 (6) (a) of the statutes is amended to read:
AB64-SA6,48,164
978.05
(6) (a) Institute, commence
, or appear in all civil actions or special
5proceedings under and perform the duties set forth for the district attorney under ch.
6980 and ss. 17.14, 30.03 (2), 48.09 (5), 59.55 (1), 59.64 (1), 70.36,
84.062 103.50 (8),
789.08, 103.92 (4), 109.09, 343.305 (9) (a), 806.05, 938.09, 938.18, 938.355 (6) (b) and
8(6g) (a), 946.86, 946.87, 961.55 (5), 971.14 and 973.075 to 973.077, perform any duties
9in connection with court proceedings in a court assigned to exercise jurisdiction
10under chs. 48 and 938 as the judge may request and perform all appropriate duties
11and appear if the district attorney is designated in specific statutes, including
12matters within chs. 782, 976 and 979 and ss. 51.81 to 51.85. Nothing in this
13paragraph limits the authority of the county board to designate, under s. 48.09 (5),
14that the corporation counsel provide representation as specified in s. 48.09 (5) or to
15designate, under s. 48.09 (6) or 938.09 (6), the district attorney as an appropriate
16person to represent the interests of the public under s. 48.14 or 938.14.
AB64-SA6,48,2218
(1)
Prevailing wage. The appropriate provisions regarding prevailing wage
19first apply, with respect to a project of public works that is subject to bidding, to a
20project for which the request for bids is issued on the effective date of this subsection
21and, with respect to a project of public works that is not subject to bidding, to a project
22the contract for which is entered into on the effective date of this subsection.
AB64-SA6,49,3
1(2)
Discrimination. The treatment of sections 66.0903 (10) (d), 111.322 (2m) (c),
2and 229.8275 of the statutes first applies to acts of discrimination that occur on the
3effective date of this subsection.”.