Amendment ASA1-AB75

AB75-ASA1, s. 1480c Section 1480c. 66.0903 (2) of the statutes is created to read:

AB75-ASA1,700,5 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project of public works erected, constructed, remodeled, repaired, or demolished for a local governmental unit, including all of the following:

AB75-ASA1,700,6 (a) A highway, street, or bridge construction project.

AB75-ASA1,700,10 (b) A project of public works erected, constructed, remodeled, repaired, or demolished by one local governmental unit for another local governmental unit under a contract under s. 66.0301 (2) or 83.035 or under any other statute specifically authorizing cooperation between local governmental units.

AB75-ASA1,700,14 (c) A building construction project in which the completed building is leased, purchased, lease purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu of the local governmental unit contracting for the construction of the building.

AB75-ASA1,700,17 (d) A road, street, sanitary sewer, or water main project in which the completed road, street, sanitary sewer, or water main is dedicated to a local governmental unit under s. 236.13 (2) for ownership by the local governmental unit.

AB75-ASA1, s. 1480e Section 1480e. 66.0903 (3) (am) of the statutes is amended to read:

AB75-ASA1,701,6 66.0903 (3) (am) A local governmental unit, before making a contract by direct negotiation or soliciting bids on a contract, for the erection, construction, remodeling, repairing, or demolition of any project of public works, including a highway, street or bridge construction project, shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work contemplated under contemplation in the area in which the project is located. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the requesting local governmental unit.

AB75-ASA1, s. 1481 Section 1481. 66.0903 (3) (av) of the statutes is amended to read:

AB75-ASA1,701,13 66.0903 (3) (av) In determining prevailing wage rates under par. (am) or (ar), the department may not use data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50 or 40 USC 276a 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0904, 103.49, or 103.50 or 40 USC 276a 3142.

AB75-ASA1, s. 1481h Section 1481h. 66.0903 (3) (dm) of the statutes is amended to read:

AB75-ASA1,702,8 66.0903 (3) (dm) A reference to the prevailing wage rates determined by the department or a local governmental unit exempted under sub. (6) and to the prevailing hours of labor shall be published in the notice issued for the purpose of securing bids for the project. If any contract or subcontract for a project of public works, including a highway, street or bridge construction project, is entered into, the prevailing wage rates determined by the department or exempted local governmental unit and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force. No person performing the work described in sub. (4) may be paid less than the prevailing wage rate in the same or most similar trade or occupation determined under this subsection; nor may he or she be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay.

AB75-ASA1, s. 1481p Section 1481p. 66.0903 (4) (b) 3. of the statutes is created to read:

AB75-ASA1,702,14 66.0903 (4) (b) 3. The laborer, worker, or mechanic is employed at a commercial establishment that regularly supplies plumbing systems, steam or hot water systems, sprinkler systems, mechanical systems, or pipework and is employed in the fabrication of those systems or that pipework for incorporation into a project of public works.

AB75-ASA1, s. 1482d Section 1482d. 66.0903 (5) of the statutes is renumbered 66.0903 (5) (intro.) and amended to read:

AB75-ASA1,702,19 66.0903 (5) Nonapplicability. (intro.) This section does not apply to any single-trade public works project, including a highway, street or bridge construction project, of the following:

AB75-ASA1,703,3 (a) A project of public works for which the estimated project cost of completion is below $30,000 or an amount determined by the department under this subsection or to any multiple-trade public works project, including a highway, street or bridge construction project, for which the estimated project cost of completion is below $150,000 or an amount determined by the department under this subsection. The department shall adjust those dollar amounts every year, the first adjustment to be made not sooner than December 1, 1997. The adjustments shall be in proportion to any change in construction costs since the effective date of the dollar amounts established under this subsection $25,000.

AB75-ASA1, s. 1482f Section 1482f. 66.0903 (5) (b) of the statutes is created to read:

AB75-ASA1,703,6 66.0903 (5) (b) A project of public works in which the labor for the project is provided by unpaid volunteers.

AB75-ASA1, s. 1482h Section 1482h. 66.0903 (5) (c) of the statutes is created to read:

AB75-ASA1,703,8 66.0903 (5) (c) Minor service, maintenance, or warranty work.

AB75-ASA1, s. 1483f Section 1483f. 66.0903 (10) (am) of the statutes is created to read:

AB75-ASA1,703,21 66.0903 (10) (am) 1. Except as provided in this subdivision, by no later than the end of the first week of a month following a month in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a project of public works that is subject to this section, the contractor, subcontractor, or agent shall submit to the department in an electronic format a certified record of the information specified in par. (a) for that preceding month. This requirement does not apply with respect to a person performing the work described in sub. (4) who is covered under a collective bargaining agreement. In that case, the contractor, subcontractor, or agent shall submit to the department in an electronic format a copy of the collective bargaining agreement by no later than the end of the first week of the first month in which the contractor, subcontractor, or agent performs work on the project of public works.

AB75-ASA1,704,4 2. The department shall post on its Internet site all certified records and collective bargaining agreements submitted to the department under subd. 1., except that the department may not post on that site the name of or any other personally identifiable information relating to any employee of a contractor, subcontractor, or agent that submits information to the department under subd. 1. In this subdivision, "personally identifiable information" does not include an employee's trade or occupation, his or her hours of work, or the wages paid for those hours worked.

AB75-ASA1, s. 1484 Section 1484. 66.0903 (10) (c) of the statutes is amended to read:

AB75-ASA1,704,24 66.0903 (10) (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project that is subject to this section to ensure compliance with this section. If In the case of a request made by a person performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is a person performing the work specified in sub. (4) that the request is frivolous, the department shall charge the person making the request the actual cost of the inspection. If In the case of a request made by a person not performing the work specified in sub. (4), if the department finds that the contractor, subcontractor, or agent subject to the inspection is found to be in compliance and if the person making the request is not a person performing the work specified in sub. (4) that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed.

AB75-ASA1, s. 1485 Section 1485. 66.0903 (11) (b) 4. of the statutes is amended to read:

AB75-ASA1,705,6 66.0903 (11) (b) 4. Whoever induces any person who seeks to be or is employed on any project that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c 3142.

AB75-ASA1, s. 1486 Section 1486. 66.0903 (11) (b) 5. of the statutes is amended to read:

AB75-ASA1,705,13 66.0903 (11) (b) 5. Any person employed on a project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c 3142.

AB75-ASA1, s. 1487 Section 1487. 66.0904 of the statutes is created to read:

AB75-ASA1,705,16 66.0904 Wage rates; publicly funded private construction projects. (1) Definitions. In this section:

AB75-ASA1,706,2 (a) "Area" means the county in which a proposed publicly funded private construction project that is subject to this section is located or, if the department determines that there is insufficient wage data in that county, "area" means those counties that are contiguous to that county or, if the department determines that there is insufficient wage data in those counties, "area" means those counties that are contiguous to those counties or, if the department determines that there is insufficient wage data in those counties, "area" means the entire state or, if the department is requested to review a determination under sub. (4) (e), "area" means the city, village, or town in which a proposed publicly funded private construction project that is subject to this section is located.

AB75-ASA1,706,3 (b) "Department" means the department of workforce development.

AB75-ASA1,706,8 (c) "Financial assistance" means any grant, cooperative agreement, loan, contract, other than a public works contract, a supply procurement contract, a contract of insurance or guaranty, or a collective bargaining agreement, or any other arrangement by which a local governmental unit provides or otherwise makes available direct assistance in any of the following forms:

AB75-ASA1,706,9 1. Funding.

AB75-ASA1,706,12 2. A transfer or lease of real or personal property of the local governmental unit or of any interest in or permission to use, other than on a casual or transient basis, that property for less than fair market value or for reduced consideration.

AB75-ASA1,706,16 3. Proceeds from a subsequent transfer or lease of real or personal property transferred or leased from the local governmental unit, if the local governmental unit's share of the fair market value of the property is not returned to the local governmental unit.

AB75-ASA1,706,19 4. A redevelopment contract, economic development agreement, revenue agreement under s. 66.1103, contract under s. 66.1105 (3) or 66.1333 (5), or assistance provided under s. 66.1109.

AB75-ASA1,706,20 (d) "Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).

AB75-ASA1,706,21 (e) "Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).

AB75-ASA1,706,22 (f) "Local governmental unit" has the meaning given in s. 66.0903 (1) (d).

AB75-ASA1,706,23 (g) "Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).

AB75-ASA1,707,5 (h) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any publicly funded private construction project in any area means the hourly basic rate of pay, plus the hourly contribution for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly, for a majority of the hours worked in the trade or occupation on projects in the area.

AB75-ASA1,707,15 2. If there is no rate at which a majority of the hours worked in the trade or occupation on projects in the area is paid, "prevailing wage rate" for any trade or occupation engaged in the erection, construction, remodeling, repairing, or demolition of any publicly funded private construction project in any area means the average hourly basic rate of pay, weighted by the number of hours worked, plus the average hourly contribution, weighted by the number of hours worked, for health insurance benefits, vacation benefits, pension benefits, and any other bona fide economic benefit, paid directly or indirectly for all hours worked at the hourly basic rate of pay of the highest-paid 51 percent of hours worked in that trade or occupation on projects in that area.

AB75-ASA1,707,21 (im) "Publicly funded private construction project" means a project involving the erection, construction, repair, remodeling, demolition, or improvement of a private facility that receives direct financial assistance from a local governmental unit. "Publicly funded private construction project" does not include a project of public works that is subject to s. 66.0903 or a housing project involving the erection, construction, repair, remodeling, demolition, or improvement of any of the following:

AB75-ASA1,707,24 1. An owner-occupied residential property, if the project is supported by affordable housing grants, home improvement grants, or grants from a local housing trust fund.

AB75-ASA1,707,25 2. A residential property containing 4 dwelling units or less.

AB75-ASA1,708,2 3. A facility that contains no retail, office, or commercial components, if the project is intended to increase the supply of affordable housing in a community.

AB75-ASA1,708,3 (j) "Truck driver" has the meaning given in s. 103.49 (1) (g).

AB75-ASA1,708,15 (2) Prevailing wage rates and hours of labor. (a) Any owner or developer of real property who enters into a contract for the erection, construction, remodeling, repairing, or demolition of any publicly funded private construction project on that real property shall include in the contract a stipulation that no person performing the work described in sub. (3) may be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, except that any such person may be permitted or required to work more than the prevailing hours of labor per day and per week if he or she is paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage rate determined under sub. (4) in the same or most similar trade or occupation in the area in which the publicly funded private construction project is situated.

AB75-ASA1,709,2 (b) A reference to the prevailing wage rates determined under sub. (4) and the prevailing hours of labor shall be published in any notice issued for the purpose of securing bids for the publicly funded private construction project. If any contract or subcontract for a publicly funded private construction project that is subject to this section is entered into, the prevailing wage rates determined under sub. (4) and the prevailing hours of labor shall be physically incorporated into and made a part of the contract or subcontract, except that for a minor subcontract, as determined by the department, the department shall prescribe by rule the method of notifying the minor subcontractor of the prevailing wage rates and prevailing hours of labor applicable to the minor subcontract. The prevailing wage rates and prevailing hours of labor applicable to a contract or subcontract may not be changed during the time that the contract or subcontract is in force.

AB75-ASA1,709,7 (3) Covered employees. (a) Subject to par. (b), all of the following employees shall be paid the prevailing wage rate determined under sub. (4) and may not be permitted to work a greater number of hours per day or per week than the prevailing hours of labor, unless they are paid for all hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:

AB75-ASA1,709,9 1. All laborers, workers, mechanics, and truck drivers employed on the site of a publicly funded private construction project that is subject to this section.

AB75-ASA1,709,15 2. All laborers, workers, mechanics, and truck drivers employed in the manufacturing or furnishing of materials, articles, supplies, or equipment on the site of a publicly funded private construction project that is subject to this section or from a facility dedicated exclusively, or nearly so, to a publicly funded private construction project that is subject to this section by a contractor, subcontractor, agent, or other person performing any work on the site of the project.

AB75-ASA1,709,22 (b) Notwithstanding par. (a) 1., a laborer, worker, mechanic, or truck driver who is regularly employed to process, manufacture, pick up, or deliver materials or products from a commercial establishment that has a fixed place of business from which the establishment regularly supplies processed or manufactured materials or products is not entitled to receive the prevailing wage rate determined under sub. (4) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor unless any of the following apply:

AB75-ASA1,710,4 1. The laborer, worker, mechanic, or truck driver is employed to go to the source of mineral aggregate such as sand, gravel, or stone that is to be immediately incorporated into the work, and not stockpiled or further transported by truck, pick up that mineral aggregate, and deliver that mineral aggregate to the site of a publicly funded private construction project that is subject to this section by depositing the material substantially in place, directly or through spreaders from the transporting vehicle.

AB75-ASA1,710,8 2. The laborer, worker, mechanic, or truck driver is employed to go to the site of a publicly funded private construction project that is subject to this section, pick up excavated material or spoil from the site of the project, and transport that excavated material or spoil away from the site of the project.

AB75-ASA1,710,12 3. The laborer, worker, or mechanic is employed at a commercial establishment that regularly supplies plumbing systems, steam or hot water systems, sprinkler systems, mechanical systems, or pipework and is employed in the fabrication of those systems or that pipework for incorporation into a project of public works.

AB75-ASA1,710,14 (c) A truck driver who is an owner-operator of a truck shall be paid separately for his or her work and for the use of his or her truck.

AB75-ASA1,711,7 (4) Investigation; determination. (a) Before the owner or developer of any publicly funded private construction project enters into a contract or solicits bids on a contract for the performance of any work to which this section applies, the owner or developer shall apply to the department to determine the prevailing wage rate for each trade or occupation required in the work under contemplation in the area in which the project is located. The department shall conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on publicly funded private construction projects that are subject to this section and to inform itself as to the prevailing wage rates in all areas of the state for those trades or occupations in order to determine the prevailing wage rate for each trade or occupation. The department shall issue its determination within 30 days after receiving the request and shall file the determination with the owner or developer applying for the determination and with the local governmental unit providing financial assistance for the project. For the information of the employes working on the project, the prevailing wage rates determined by the department, the prevailing hours of labor, and the provisions of subs. (2) and (9) shall be kept posted by the owner or developer in at least one conspicuous and easily accessible place on the site of the project.

AB75-ASA1,711,15 (b) The department shall, by January 1 of each year, compile the prevailing wage rates for each trade or occupation in each area. The compilation shall, in addition to the current prevailing wage rates, include future prevailing wage rates when those prevailing wage rates can be determined for any trade or occupation in any area and shall specify the effective date of those future prevailing wage rates. If a publicly funded private construction project that is subject to this section extends into more than one area there shall be but one standard of prevailing wage rates for the entire private construction project.

AB75-ASA1,711,21 (c) In determining prevailing wage rates under par. (a) or (b), the department may not use data from projects that are subject to this section, s. 66.0903, 103.49, or 103.50 or 40 USC 3142 unless the department determines that there is insufficient wage data in the area to determine those prevailing wage rates, in which case the department may use data from projects that are subject to this section, s. 66.0903, 103.49, or 103.50 or 40 USC 3142.

AB75-ASA1,712,5 (d) Any person may request a recalculation of any portion of an initial determination within 30 days after the initial determination date if the person submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the initial determination does not represent the prevailing wage rate for that trade or occupation in the area. The evidence shall include wage rate information reflecting work performed by persons working in the contested trade or occupation in the area during the current survey period. The department shall affirm or modify the initial determination within 15 days after the date on which the department receives the request for recalculation.

AB75-ASA1,712,19 (e) In addition to the recalculation under par. (d), the owner or developer that requested the determination under this subsection may request a review of any portion of the determination within 30 days after the date of issuance of the determination if the owner or developer submits evidence with the request showing that the prevailing wage rate for any given trade or occupation included in the determination does not represent the prevailing wage rate for that trade or occupation in the city, village, or town in which the proposed publicly funded private construction project is located. That evidence shall include wage rate information for the contested trade or occupation on at least 3 similar projects located in the city, village, or town where the proposed publicly funded private construction project is located on which some work has been performed during the current survey period and which were considered by the department in issuing its most recent compilation under par. (b). The department shall affirm or modify the determination within 15 days after the date on which the department receives the request for review.

AB75-ASA1,712,20 (5) Nonapplicability. This section does not apply to any of the following:

AB75-ASA1,712,22 (a) A publicly funded private construction project that receives less than $1,000,000 in direct financial assistance from a local governmental unit.

AB75-ASA1,712,24 (b) A publicly funded private construction project in which the labor for the project is provided by unpaid volunteers.

AB75-ASA1,712,25 (c) Minor service, maintenance, or warranty work.

AB75-ASA1,713,7 (6) Exemptions. The department, upon petition of any owner or developer contracting for a publicly funded private construction project that is subject to this section, shall issue an order exempting the owner or developer from applying to the department for a determination under sub. (4) when it is shown that the project is also subject to an ordinance or other enactment of a local governmental unit that sets forth standards, policy, procedure, and practice resulting in standards as high or higher than those under this section.

AB75-ASA1,713,16 (7) Compliance. (a) When the department finds that an owner or developer has not requested a determination under sub. (4) (a) or that an owner, developer, contractor, or subcontractor has not physically incorporated a determination into a contract or subcontract as required under sub. (2) (b) or has not notified a minor subcontractor of a determination in the manner prescribed by the department by rule promulgated under sub. (2) (b), the department shall notify the owner, developer, contractor, or subcontractor of the noncompliance and shall file the determination with the owner, developer, contractor, or subcontractor within 30 days after the notice.

AB75-ASA1,713,22 (b) Upon completion of a publicly funded private construction project that is subject to this section and before receiving final payment for his or her work on the private construction project, each agent or subcontractor shall furnish the contractor with an affidavit stating that the agent or subcontractor has complied fully with the requirements of this section. A contractor may not authorize final payment until the affidavit is filed in proper form and order.

AB75-ASA1,714,13 (c) Upon completion of a publicly funded private construction project that is subject to this section and before receiving final payment for his or her work on the project, each contractor shall file with the owner or developer contracting for the work an affidavit stating that the contractor has complied fully with the requirements of this section and that the contractor has received an affidavit under par. (b) from each of the contractor's agents and subcontractors. An owner or developer may not authorize a final payment until the affidavit is filed in proper form and order. If an owner or developer authorizes a final payment before the affidavit is filed in proper form and order or if the department determines, based on the greater weight of the credible evidence, that any person performing the work specified in sub. (3) has been or may have been paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor and requests that the owner or developer withhold all or part of the final payment, but the owner or developer fails to do so, the owner or developer is liable for all back wages payable up to the amount of the final payment.

AB75-ASA1,714,19 (8) Records; inspection; enforcement. (a) Each contractor, subcontractor, or agent performing work on a publicly funded private construction project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (3) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked.

AB75-ASA1,715,6 (am) 1. Except as provided in this subdivision, by no later than the end of the first week of a month following a month in which a contractor, subcontractor, or contractor's or subcontractor's agent performs work on a publicly funded private construction project that is subject to this section, the contractor, subcontractor, or agent shall submit to the department in an electronic format a certified record of the information specified in par. (a) for that preceding month. This requirement does not apply with respect to a person performing the work described in sub. (3) who is covered under a collective bargaining agreement. In that case, the contractor, subcontractor, or agent shall submit to the department in an electronic format a copy of the collective bargaining agreement by no later than the end of the first week of the first month in which the contractor, subcontractor, or agent performs work on the project of public works.

AB75-ASA1,715,14 2. The department shall post on its Internet site all certified records and collective bargaining agreements submitted to the department under subd. 1., except that the department may not post on that site the name of or any other personally identifiable information relating to any employee of a contractor, subcontractor, or agent that submits information to the department under subd. 1. In this subdivision, "personally identifiable information" does not include an employee's trade or occupation, his or her hours of work, or the wages paid for those hours worked.

AB75-ASA1,716,2 (b) The department or the local governmental unit providing financial assistance for a publicly funded private construction project may demand and examine, and every contractor, subcontractor, and contractor's or subcontractor's agent shall keep, and furnish upon request by the department or local governmental unit, copies of payrolls and other records and information relating to the wages paid to persons performing the work described in sub. (3) for work to which this section applies. The department may inspect records in the manner provided in ch. 103. Every contractor, subcontractor, or agent performing work on a publicly funded private construction project that is subject to this section is subject to the requirements of ch. 103 relating to the examination of records. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.

AB75-ASA1,716,19 (c) If requested by any person, the department shall inspect the payroll records of any contractor, subcontractor, or contractor's or subcontractor's agent performing work on a publicly funded private construction project that is subject to this section to ensure compliance with this section. In the case of a request made by a person performing the work specified in sub. (3), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request if frivolous, the department shall charge the person making the request the actual cost of the inspection. In the case of a request made by a person not performing the work specified in sub. (3), if the department finds that the contractor, subcontractor, or agent subject to the inspection is in compliance and that the request is frivolous, the department shall charge the person making the request $250 or the actual cost of the inspection, whichever is greater. In order to find that a request is frivolous, the department must find that the person making the request made the request in bad faith, solely for the purpose of harassing or maliciously injuring the contractor, subcontractor, or agent subject to the inspection, or that the person making the request knew, or should have known, that there was no reasonable basis for believing that a violation of this section had been committed.

AB75-ASA1,716,25 (d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except that s. 103.005 (12) (a) does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (4) (a) or (b). Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section, including proceedings under sub. (9) (a).

AB75-ASA1,717,13 (9) Liability and penalties. (a) Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the department under sub. (4) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his or her unpaid wages or his or her unpaid overtime compensation and in an additional equal amount as liquidated damages. An action to recover the liability may be maintained in any court of competent jurisdiction by any employee for and in behalf of that employee and other employees similarly situated. No employee may be a party plaintiff to the action unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.

AB75-ASA1,717,17 (b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor, or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that any violation continues is considered a separate offense.

AB75-ASA1,717,25 2. Whoever induces any person who seeks to be or is employed on any publicly funded private construction project that is subject to this section to give up, waive, or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment, or by any other means is guilty of an offense under s. 946.15 (1).

AB75-ASA1,718,10 3. Any person employed on a publicly funded private construction project that is subject to this section who knowingly permits a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives, or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives, or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project that is subject to this section and on a project that is not subject to this section, is guilty of an offense under s. 946.15 (2).

AB75-ASA1,718,16 4. Whoever induces any person who seeks to be or is employed on any publicly funded private construction project that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB75-ASA1,718,22 5. Any person employed on a publicly funded private construction project that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 3142.

AB75-ASA1,718,25 6. Subdivision 1. does not apply to any person who fails to provide any information to the department to assist the department in determining prevailing wage rates under sub. (4) (a) or (b).

AB75-ASA1,719,14 (10) Debarment. (a) Except as provided under pars. (b) and (c), the department shall notify any owner or developer applying for a determination under sub. (4) and any owner or developer that is exempt under sub. (6) of the names of all persons whom the department has found to have failed to pay the prevailing wage rate determined under sub. (4) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor at any time in the preceding 3 years. The department shall include with each name the address of the person and shall specify when the person failed to pay the prevailing wage rate and when the person paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor. An owner or developer may not award any contract to the person unless otherwise recommended by the department or unless 3 years have elapsed from the date on which the department issued its findings or date of final determination by a court of competent jurisdiction, whichever is later.

AB75-ASA1,719,19 (b) The department may not include in a notification under par. (a) the name of any person on the basis of having let work to a person whom the department has found to have failed to pay the prevailing wage rate determined under sub. (4) or has found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor.

AB75-ASA1,719,24 (c) This subsection does not apply to any contractor, subcontractor, or contractor's or subcontractor's or agent that in good faith commits a minor violation of this section, as determined on a case-by-case basis through administrative hearings with all rights to due process afforded to all parties or that has not exhausted or waived all appeals.