AB632, s. 59 4Section 59. 103.50 (1) (d) of the statutes is amended to read:
AB632,37,215 103.50 (1) (d) "Prevailing wage rate" for any trade or occupation in any area
6means the hourly basic rate of pay, plus the hourly contribution for health and
7welfare
insurance benefits, vacation benefits, pension benefits and any other bona
8fide
economic benefit, whether paid directly or indirectly, paid to the largest number
9of workers engaged in the same class of labor within the area, including rental rates
10for truck hire paid to those who own and operate the truck. In no event shall the
11prevailing wage rate for any class of labor be deemed to be less than a reasonable and
12living wage, nor shall truck rental rates established pursuant to this provision be
13subject to the provisions of sub. (2) relating to hours worked in excess of the
14prevailing hours when operated in excess of 8 hours in any one day or 40 hours in any
15one week
for a majority of the hours worked in the trade or occupation in the area,
16or if there is no rate at which a majority of the hours worked in the trade or occupation
17in the area is paid, then the prevailing wage rate shall be the average hourly basic
18rate of pay, weighted by the number of hours worked, plus the average hourly
19contribution, weighted by the number of hours worked, for health insurance benefits,
20vacation benefits, pension benefits and any other bona fide economic benefit, paid
21directly or indirectly to all persons employed in that trade or occupation in that area
.
AB632, s. 60 22Section 60. 103.50 (1) (e) of the statutes is created to read:
AB632,37,2323 103.50 (1) (e) "Truck driver" has the meaning given in s. 103.49 (1) (f).
AB632, s. 61 24Section 61. 103.50 (2) of the statutes is amended to read:
AB632,38,21
1103.50 (2) (title) Hours Prevailing wage rates and hours of labor. No laborer
2or mechanic
person described in sub. (2m) in the employ of the a contractor or of any,
3subcontractor, agent or other person doing or contracting to do all or a part of the
4work
performing any work on a project under a contract based on bids as provided
5in s. 84.06 (2) to which the state is a party for the construction or improvement of any
6highway shall may be permitted to work a longer number of hours per day or per
7calendar week than the prevailing hours of labor determined pursuant to this
8section; nor shall he
under sub. (3); nor may he or she be paid a lesser rate of wages
9than the prevailing wage rate of wages thus determined, for in the area in which the
10work is to be done; except that any such laborer or mechanic person may be permitted
11or required to work more than such prevailing number of hours per day and of labor
12per calendar week if he or she is paid for all hours worked in excess of the prevailing
13hours of labor at a rate of at least 1-1/2 1.5 times his or her hourly basic rate of pay.
14This section shall not apply to wage rates and hours of employment of laborers or
15mechanics engaged in the processing or manufacture of materials or products or to
16the delivery thereof by or for commercial establishments which have a fixed place of
17business from which they regularly supply such processed or manufactured
18materials or products; except that this section shall apply to laborers or mechanics
19who deliver mineral aggregate such as sand, gravel or stone which is incorporated
20into the work under the contract by depositing the material substantially in place,
21directly or through spreaders, from the transporting vehicle.
AB632, s. 62 22Section 62. 103.50 (2m) of the statutes is created to read:
AB632,39,223 103.50 (2m) Covered employes. (a) All of the following employes shall be paid
24the prevailing wage rate determined under sub. (3) and may not be permitted to work
25a greater number of hours per calendar week than the prevailing hours of labor

1determined under sub. (3), unless they are paid for all hours worked in excess of the
2prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:
AB632,39,103 1. All laborers, workers, mechanics and truck drivers employed on the site of
4a project that is subject to this section, or employed in delivering mineral aggregate
5such as sand, gravel or stone that is immediately incorporated into the work, and not
6stockpiled or further transported by truck, on the site of a project that is subject to
7this section by depositing the material substantially in place, directly or through
8spreaders, from the transporting vehicle, or employed in transporting excavated
9material or spoil from and returning to the site of a project that is subject to this
10section.
AB632,39,1511 2. All laborers, workers, mechanics and truck drivers employed in the
12manufacturing or furnishing of materials, articles, supplies or equipment on the site
13of a project that is subject to this section or from a facility dedicated exclusively, or
14nearly so, to the project by a contractor, subcontractor, agent or other person
15performing any work on the site of the project.
AB632,39,2216 (b) Notwithstanding par. (a), a laborer, worker, mechanic or truck driver who
17is regularly employed in the processing, manufacturing or delivery of materials or
18products by or for a commercial establishment that has a fixed place of business from
19which the establishment regularly supplies processed or manufactured materials or
20products is not entitled to receive the prevailing wage rate determined under sub.
21(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
22worked in excess of the prevailing hours of labor determined under sub. (3).
AB632, s. 63 23Section 63. 103.50 (3) (a) of the statutes is amended to read:
AB632,40,724 103.50 (3) (a) The department shall conduct investigations and hold public
25hearings necessary to define classes of laborers and mechanics the trades or

1occupations that are commonly employed in the highway construction industry
and
2to inform itself as to the hours of labor and prevailing wage rates and prevailing
3hours of labor in all areas of the state for all classes of labor and mechanics commonly
4employed in highway construction work, with a view to ascertaining and
5determining prevailing hours of labor,
those trades or occupations, in order to
6ascertain and determine the
prevailing wage rates and hourly basic rates of pay
7prevailing hours of labor accordingly.
AB632, s. 64 8Section 64. 103.50 (3) (b) of the statutes is repealed and recreated to read:
AB632,40,199 103.50 (3) (b) Any person may request a review of any portion of a wage
10determination within 30 days after the determination date if the person submits
11evidence with the request showing that the prevailing wage rate or prevailing hours
12of labor for any given trade or occupation included in the determination does not
13represent the prevailing wage rate or prevailing hours of labor for that trade or
14occupation in the area where the proposed project is located. That evidence shall
15include wage rate and hours of labor information for the contested trade or
16occupation on at least one similar project located in the area where the proposed
17project is located and on which some work has been performed within the previous
1812 months. The department shall affirm or modify the original determination within
1915 days after the date on which the department receives the request for review.
AB632, s. 65 20Section 65. 103.50 (3) (c) of the statutes is created to read:
AB632,40,2521 103.50 (3) (c) The department shall withhold from inspection and copying
22under s. 19.35 (1) all personally identifiable information submitted to the
23department by contractors, subcontractors and agents thereof for the purpose of
24assisting the department in determining prevailing wage rates and prevailing hours
25of labor under this subsection.
AB632, s. 66
1Section 66. 103.50 (3g) of the statutes is created to read:
AB632,41,32 103.50 (3g) Nonapplicability. This section does not apply to any project
3described in sub. (2) that is subject to 40 USC 276a.
AB632, s. 67 4Section 67. 103.50 (4) of the statutes is amended to read:
AB632,41,205 103.50 (4) (title) Certification of prevailing wage rates and hours and wages
6of labor. The department of industry, labor and human relations shall prior to May
71 of the current each calendar year certify to the department of transportation the
8prevailing hours of labor,
the prevailing wage rate rates and the hourly basic rate of
9pay for all such classes of laborers and mechanics
prevailing hours of labor in each
10area for all trades or occupations commonly employed in the highway construction
11industry
. The certification shall in addition to the current prevailing hours of labor,
12the prevailing wage rates and the hourly basic rates of pay prevailing hours of labor
13include future hours and prevailing wage rates and prevailing hours of labor when
14such hours and prevailing wage rates and prevailing hours of labor can be
15determined for any such classes of laborers and mechanics trade or occupation in any
16area and shall specifically set forth specify the effective dates thereof when date of
17certification of those
future hours and rates are certified prevailing wage rates and
18prevailing hours of labor
. If a construction project extends into more than one area
19there shall be but one standard of hours of labor and prevailing wage rates and
20prevailing hours of labor
for the entire project.
AB632, s. 68 21Section 68. 103.50 (5) of the statutes is amended to read:
AB632,42,222 103.50 (5) Appeals to governor. If the department of transportation deems
23considers any determination of the department of industry, labor and human
24relations
as to the prevailing hours of labor, prevailing wage rates and the hourly

1basic rates of pay
prevailing hours of labor in an area to have been incorrect, it may
2appeal to the governor, whose determination shall be final.
AB632, s. 69 3Section 69. 103.50 (6) of the statutes is amended to read:
AB632,42,164 103.50 (6) Contents of contracts. The prevailing hours of labor, the prevailing
5wage rates and the hourly basic rates of pay and classifications for all labor as
6certified by the department shall be specifically set forth in the proposals and
7contracts for each highway construction contract to which the state is a party

8prevailing hours of labor determined under sub. (3) shall be published in the notice
9issued for the purpose of securing bids for a project. If any contract or subcontract
10for a project that is subject to this section is entered into, the prevailing wage rates
11and prevailing hours of labor determined under sub. (3) shall be physically
12incorporated into and made a part of the contract or any subcontract, and may not
13be changed during the time that the contract or subcontract is in force
and shall,
14together with the provisions of sub. subs. (2) and (7), be kept posted on the project
15by the employer department of transportation in at least one conspicuous place for
16the information of employes working on the project.
AB632, s. 70 17Section 70. 103.50 (7) (a) of the statutes is amended to read:
AB632,42,2118 103.50 (7) (a) Except as provided in par. pars. (b) and (d), any contractor,
19subcontractor or agent thereof who violates this section may be fined not less than
20$50 nor
more than $200 or imprisoned for not more than 18 6 months or both. Each
21day that any such violation continues shall be deemed considered a separate offense.
AB632, s. 71 22Section 71. 103.50 (7) (b) of the statutes is amended to read:
AB632,43,623 103.50 (7) (b) Whoever induces any individual who seeks to be or is employed
24on any project that is subject to this section to give up or forego, waive or return any
25part of the wages to which he or she the individual is entitled under the contract

1governing such project, or who reduces the hourly basic rate of pay normally paid to
2an employe for work on a project that is not subject to this section during a week in
3which the employe works both on a project that is subject to this section and on a
4project that is not subject to this section,
by threat not to employ, by threat of
5dismissal from such employment or by any other means is guilty of an offense under
6s. 946.15 (1).
AB632, s. 72 7Section 72. 103.50 (7) (c) of the statutes is amended to read:
AB632,43,168 103.50 (7) (c) Any person employed on a project under a contract that is subject
9to this section who knowingly permits the a contractor or, subcontractor or agent
10thereof
to pay him or her less than the prevailing wage rate set forth in the contract,
11or
governing such project, who gives up, waives or returns any part of the
12compensation to which he or she is entitled under the contract, or who gives up,
13waives or returns any part of the compensation to which he or she is normally
14entitled for work on a project that is not subject to this section during a week in which
15the person works both on a project that is subject to this section and on a project that
16is not subject to this section,
is guilty of an offense under s. 946.15 (2).
AB632, s. 73 17Section 73. 103.50 (7) (d) and (e) of the statutes are created to read:
AB632,43,2518 103.50 (7) (d) Whoever induces any individual who seeks to be or is employed
19on any project that is subject to this section to permit any part of the wages to which
20the individual is entitled under the contract governing such project to be deducted
21from the individual's pay and deposited with a labor organization for the purpose of
22subsidizing bids on other projects by threat not to employ or admit to labor
23organization membership, by threat of dismissal from such employment or labor
24organization membership or by any other means is guilty of an offense under s.
25946.15 (3).
AB632,44,5
1(e) Any person employed on a project that is subject to this section who
2knowingly permits any part of the wages to which he or she is entitled under the
3contract governing such project to be deducted from his or her pay and deposited with
4a labor organization for the purpose of subsidizing bids on other projects is guilty of
5an offense under s. 946.15 (4).
AB632, s. 74 6Section 74. 103.50 (8) of the statutes is amended to read:
AB632,44,177 103.50 (8) Enforcement and prosecution. The department of transportation
8shall require adherence to subs. (2) and (6). The department of transportation may
9demand and examine, and every contractor and, subcontractor and agent thereof
10shall furnish, copies of any payrolls and it may examine all other records and
11information
relating to hours of work and the wages paid laborers and mechanics on
12the
to persons specified in sub. (2m) for work to which this section is applicable. Upon
13request of the department of transportation or upon complaint of alleged violation,
14the district attorney of the county in which the work is located shall make such
15investigation as necessary and prosecute violations in a court of competent
16jurisdiction. Section 111.322 (2m) applies to discharge and other discriminatory acts
17arising in connection with any proceeding under this section.
AB632, s. 75 18Section 75. 227.01 (13) (t) of the statutes is amended to read:
AB632,44,2419 227.01 (13) (t) Ascertains and determines prevailing hours of labor, wage rates
20and truck rental rates under s. 103.50 and
prevailing wage rates and prevailing
21hours of labor under s. ss. 103.49 and 103.50, except that any action or inaction which
22ascertains and determines prevailing hours of labor, wage rates and truck rental
23rates
prevailing hours of labor under ss. 103.49 and 103.50 is subject to judicial
24review under s. 227.40.
AB632, s. 76 25Section 76. 946.15 (1) of the statutes is amended to read:
AB632,45,14
1946.15 (1) Any employer, or any agent or employe of an employer, who induces
2any person who seeks to be or is employed pursuant to a public contract as defined
3in s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing
4wage rate determination has been established made by the department of industry,
5labor and human relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local
6governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6)
to give up, waive
7or return any part of the compensation to which that person is entitled under his or
8her contract of employment or under the prevailing wage determination made by the
9department or local governmental unit, or who reduces the hourly basic rate of pay
10normally paid to an employe for work on a project on which a prevailing wage rate
11determination has not been made under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3)
12during a week in which the employe works both on a project on which a prevailing
13wage rate determination has been made and on a project on which a prevailing wage
14rate determination has not been made,
is guilty of a Class E felony.
AB632, s. 77 15Section 77. 946.15 (2) of the statutes is amended to read:
AB632,46,416 946.15 (2) Any person employed pursuant to a public contract as defined in s.
1766.29 (1) (c) or employed on a project on which a prevailing wage rate determination
18has been established made by the department of industry, labor and human relations
19under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined
20in s. 66.293 (1) (d), under s. 66.293 (6)
who gives up, waives or returns to the employer
21or agent of the employer any part of the compensation to which the employe is
22entitled under his or her contract of employment or under the prevailing wage
23determination made by the department or local governmental unit, or who gives up
24any part of the compensation to which he or she is normally entitled for work on a
25project on which a prevailing wage rate determination has not been made under s.

166.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the person works
2part-time on a project on which a prevailing wage rate determination has been made
3and part-time on a project on which a prevailing wage rate determination has not
4been made,
is guilty of a Class C misdemeanor.
AB632, s. 78 5Section 78. 946.15 (3) of the statutes is created to read:
AB632,46,156 946.15 (3) Any employer or labor organization, or any agent or employe of an
7employer or labor organization, who induces any person who seeks to be or is
8employed on a project on which a prevailing wage rate determination has been made
9by the department of industry, labor and human relations under s. 66.293 (3), 103.49
10(3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under
11s. 66.293 (6) to permit any part of the wages to which that person is entitled under
12the prevailing wage rate determination made by the department or local
13governmental unit to be deducted from the person's pay and deposited with the labor
14organization for the purpose of subsidizing bids on other projects is guilty of a Class
15E felony.
AB632, s. 79 16Section 79. 946.15 (4) of the statutes is created to read:
AB632,46,2417 946.15 (4) Any person employed on a project on which a prevailing wage rate
18determination has been made by the department of industry, labor and human
19relations under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit,
20as defined in s. 66.293 (1) (d), under s. 66.293 (6) who permits any part of the wages
21to which that person is entitled under the prevailing wage rate determination made
22by the department or local governmental unit to be deducted from his or her pay and
23deposited with a labor organization for the purpose of subsidizing bids on other
24projects is guilty of a Class C misdemeanor.
AB632, s. 80 25Section 80 . Nonstatutory provisions.
AB632,47,11
1(1)  Certification of prevailing wage rates and hours of labor.
2Notwithstanding section 103.50 (4) of the statutes, as affected by this act, the
3department of industry, labor and human relations shall certify to the department
4of transportation, within 90 days after the effective date of this subsection, the
5prevailing hours of labor, as defined in section 103.49 (1) (c) of the statutes, as
6affected by this act, and the prevailing wage rate, as defined in section 103.49 (1) (d)
7of the statutes, as affected by this act, for all trades or occupations that are commonly
8employed in the highway construction industry in each area, as defined in section
9103.49 (1) (a) of the statutes, as affected by this act, of the state in accordance with
10the methodologies provided in section 103.49 (1) (c) and (d) of the statutes, as affected
11by this act.
AB632, s. 81 12Section 81. Initial applicability.
AB632,47,17 13(1)   Collective bargaining agreements. This act first applies to an employe
14covered by a collective bargaining agreement that is in effect on the effective date of
15this subsection that contains provisions that are inconsistent with this act on the day
16after the collective bargaining agreement expires or on the day that the collective
17bargaining agreement is modified, extended or renewed.
AB632,47,24 18(2)  State highway projects. Subject to subsection (1) , the prevailing hours of
19labor and prevailing wage rates certified by the department of industry, labor and
20human relations under Section 80 of this act first apply to work performed on a
21project that is subject to section 103.50 of the statutes, as affected by this act, 60 days
22after the date on which the department of transportation receives those certified
23prevailing hours of labor and prevailing wage rates from the department of industry,
24labor and human relations.
AB632, s. 82
1Section 82. Effective dates. This act takes effect on the day after
2publication, except as follows:
AB632,48,4 3(1) The repeal and recreation of sections 66.293 (5) and 103.49 (3g) of the
4statutes takes effect on January 1, 1999.
AB632,48,55 (End)
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