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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