SB568,4,32 19.36 (12) Information relating to certain employees. Unless access is
3specifically authorized or required by statute, an authority shall not provide access
4to a record prepared or provided by an employer performing work on a project to
5which s. 66.0903, 66.0904, 103.49, or 103.50 applies, or on which the employer is
6otherwise required to pay prevailing wages, if that record contains the name or other
7personally identifiable information relating to an employee of that employer, unless
8the employee authorizes the authority to provide access to that information. In this

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1subsection, "personally identifiable information" does not include an employee's
2work classification, hours of work, or wage or benefit payments received for work on
3such a project.

SB568,4,105 66.0903 (3) (av) In determining prevailing wage rates under par. (am) or (ar),
6the department may not use data from projects that are subject to this section, s.
766.0904, 103.49, or 103.50 or 40 USC 276a unless the department determines that
8there is insufficient wage data in the area to determine those prevailing wage rates,
9in which case the department may use data from projects that are subject to this
10section, s. 66.0904, 103.49, or 103.50 or 40 USC 276a.

SB568,4,2112 66.0903 (10) (a) Each contractor, subcontractor, or contractor's or
13subcontractor's agent performing work on a project that is subject to this section
14shall keep full and accurate records clearly indicating the name and trade or
15occupation of every person performing the work described in sub. (4) and an accurate
16record of the number of hours worked by each of those persons and the actual wages
17paid for the hours worked. By no later than the end of the week following a week in
18which a contractor, subcontractor, or contractor's or subcontractor's agent performs
19work on a project that is subject to this section, the contractor, subcontractor, or agent
20shall submit to the contracting local governmental unit a certified record of the
21information specified in the preceding sentence for that preceding week.

SB568,5,1623 66.0903 (10) (c) If requested by any person, the department shall inspect the
24payroll records of any contractor, subcontractor, or agent performing work on a
25project that is subject to this section to ensure compliance with this section. If In the

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1case of a request made by a person performing the work specified in sub. (4), if the
2department finds that the contractor, subcontractor, or agent subject to the
3inspection is found to be in compliance and if the person making the request is a
4person performing the work specified in sub. (4) that the request is frivolous, the
5department shall charge the person making the request the actual cost of the
6inspection. If In the case of a request made by a person not performing the work
7specified in sub. (4), if the department finds that the contractor, subcontractor, or
8agent subject to the inspection is found to be in compliance and if the person making
9the request is not a person performing the work specified in sub. (4) that the request
10is frivolous, the department shall charge the person making the request $250 or the
11actual cost of the inspection, whichever is greater. In order to find that a request is
12frivolous, the department must find that the person making the request made the
13request in bad faith, solely for the purpose of harassing or maliciously injuring the
14contractor, subcontractor, or agent subject to the inspection, or that the person
15making the request knew, or should have known, that there was no reasonable basis
16for believing that a violation of this section had been committed.

SB568,5,19 1866.0904 Wage rates; publicly funded private construction projects. (1)
19Definitions. In this section:

SB568,6,420 (a) "Area" means the county in which a proposed publicly funded private
21construction project that is subject to this section is located or, if the department
22determines that there is insufficient wage data in that county, "area" means those
23counties that are contiguous to that county or, if the department determines that
24there is insufficient wage data in those counties, "area" means those counties that
25are contiguous to those counties or, if the department determines that there is

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1insufficient wage data in those counties, "area" means the entire state or, if the
2department is requested to review a determination under sub. (4) (e), "area" means
3the city, village, or town in which a proposed publicly funded private construction
4project that is subject to this section is located.

SB568,6,55 (b) "Department" means the department of workforce development.

SB568,6,106 (c) "Financial assistance" means any grant, cooperative agreement, loan,
7contract, other than a public works contract, a supply procurement contract, a
8contract of insurance or guaranty, or a collective bargaining agreement, or any other
9arrangement by which a local governmental unit provides or otherwise makes
10available assistance in any of the following forms:

SB568,6,1111 1. Funding.

SB568,6,1412 2. A transfer or lease of real or personal property of the local governmental unit
13or of any interest in or permission to use, other than on a casual or transient basis,
14that property for less than fair market value or for reduced consideration.

SB568,6,1815 3. Proceeds from a subsequent transfer or lease of real or personal property
16transferred or leased from the local governmental unit, if the local governmental
17unit's share of the fair market value of the property is not returned to the local
18governmental unit.

SB568,6,2119 4. A redevelopment contract, economic development agreement, revenue
20agreement under s. 66.1103, contract under s. 66.1105 (3) or 66.1333 (5), or
21assistance provided under s. 66.1109.

SB568,6,2222 (d) "Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).

SB568,6,2323 (e) "Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).

SB568,6,2424 (f) "Local governmental unit" has the meaning given in s. 66.0903 (1) (d).

SB568,7,3

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1(g) "Multiple-trade publicly funded private construction project" means a
2publicly funded private construction project in which no single trade accounts for
3more than 85 percent or more of the total labor cost of the project.

SB568,7,44 (h) "Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).

SB568,7,115 (i) 1. Except as provided in subd. 2., "prevailing wage rate" for any trade or
6occupation engaged in the erection, construction, remodeling, repairing, or
7demolition of any publicly funded private construction project in any area means the
8hourly basic rate of pay, plus the hourly contribution for health insurance benefits,
9vacation benefits, pension benefits, and any other bona fide economic benefit, paid
10directly or indirectly, for a majority of the hours worked in the trade or occupation
11on projects in the area.

SB568,7,2112 2. If there is no rate at which a majority of the hours worked in the trade or
13occupation on projects in the area is paid, "prevailing wage rate" for any trade or
14occupation engaged in the erection, construction, remodeling, repairing, or
15demolition of any publicly funded private construction project in any area means the
16average hourly basic rate of pay, weighted by the number of hours worked, plus the
17average hourly contribution, weighted by the number of hours worked, for health
18insurance benefits, vacation benefits, pension benefits, and any other bona fide
19economic benefit, paid directly or indirectly for all hours worked at the hourly basic
20rate of pay of the highest-paid 51 percent of hours worked in that trade or occupation
21on projects in that area.

SB568,7,2422 (j) "Publicly funded private construction project" means a construction project,
23other than a project of public works, that receives financial assistance from a local
24governmental unit.

SB568,8,3

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1(k) "Single-trade publicly funded private construction project" means a
2publicly funded private construction project in which a single trade accounts for 85
3percent or more of the total labor cost of the project.

SB568,8,44 (L) "Truck driver" has the meaning given in s. 103.49 (1) (g).

SB568,8,16 5(2) Prevailing wage rates and hours of labor. (a) Any owner or developer of
6real property who enters into a contract for the erection, construction, remodeling,
7repairing, or demolition of any publicly funded private construction project on that
8real property shall include in the contract a stipulation that no person performing
9the work described in sub. (3) may be permitted to work a greater number of hours
10per day or per week than the prevailing hours of labor, except that any such person
11may be permitted or required to work more than the prevailing hours of labor per day
12and per week if he or she is paid for all hours worked in excess of the prevailing hours
13of labor at a rate of at least 1.5 times his or her hourly basic rate of pay; nor may he
14or she be paid less than the prevailing wage rate determined under sub. (4) in the
15same or most similar trade or occupation in the area in which the publicly funded
16private construction project is situated.

SB568,9,317 (b) A reference to the prevailing wage rates determined under sub. (4) and the
18prevailing hours of labor shall be published in any notice issued for the purpose of
19securing bids for the publicly funded private construction project. If any contract or
20subcontract for a publicly funded private construction project that is subject to this
21section is entered into, the prevailing wage rates determined under sub. (4) and the
22prevailing hours of labor shall be physically incorporated into and made a part of the
23contract or subcontract, except that for a minor subcontract, as determined by the
24department, the department shall prescribe by rule the method of notifying the
25minor subcontractor of the prevailing wage rates and prevailing hours of labor

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1applicable to the minor subcontract. The prevailing wage rates and prevailing hours
2of labor applicable to a contract or subcontract may not be changed during the time
3that the contract or subcontract is in force.

SB568,9,8 4(3) Covered employees. (a) Subject to par. (b), all of the following employes
5shall be paid the prevailing wage rate determined under sub. (4) and may not be
6permitted to work a greater number of hours per day or per week than the prevailing
7hours of labor, unless they are paid for all hours worked in excess of the prevailing
8hours of labor at a rate of at least 1.5 times their hourly basic rate of pay:

SB568,9,109 1. All laborers, workers, mechanics, and truck drivers employed on the site of
10a publicly funded private construction project that is subject to this section.

SB568,9,1611 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 publicly funded private construction project that is subject to this section or from
14a facility dedicated exclusively, or nearly so, to a publicly funded private construction
15project that is subject to this section by a contractor, subcontractor, agent, or other
16person performing any work on the site of the project.

SB568,9,2317 (b) Notwithstanding par. (a) 1., a laborer, worker, mechanic, or truck driver who
18is regularly employed to process, manufacture, pick up, or deliver materials or
19products from a commercial establishment that has a fixed place of business from
20which the establishment regularly supplies processed or manufactured materials or
21products is not entitled to receive the prevailing wage rate determined under sub.
22(4) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
23worked in excess of the prevailing hours of labor unless any of the following apply:

SB568,9,2524 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
25of mineral aggregate such as sand, gravel, or stone that is to be immediately

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1incorporated into the work, and not stockpiled or further transported by truck, pick
2up that mineral aggregate, and deliver that mineral aggregate to the site of a publicly
3funded private construction project that is subject to this section by depositing the
4material substantially in place, directly or through spreaders from the transporting
5vehicle.

SB568,10,96 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
7of a publicly funded private construction project that is subject to this section, pick
8up excavated material or spoil from the site of the project, and transport that
9excavated material or spoil away from the site of the project.

SB568,10,1110 (c) A truck driver who is an owner-operator of a truck shall be paid separately
11for his or her work and for the use of his or her truck.

SB568,11,4 12(4) Investigation; determination. (a) Before the owner or developer of any
13publicly funded private construction project enters into a contract or solicits bids on
14a contract for the performance of any work to which this section applies, the owner
15or developer shall apply to the department to determine the prevailing wage rate for
16each trade or occupation required in the work under contemplation in the area in
17which the work is to be done. The department shall conduct investigations and hold
18public hearings as necessary to define the trades or occupations that are commonly
19employed on publicly funded private construction projects that are subject to this
20section and to inform itself as to the prevailing wage rates in all areas of the state
21for those trades or occupations in order to determine the prevailing wage rate for
22each trade or occupation. The department shall issue its determination within 30
23days after receiving the request and shall file the determination with the owner or
24developer applying for the determination and with the local governmental unit
25providing financial assistance for the project. For the information of the employes

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1working on the project, the prevailing wage rates determined by the department, the
2prevailing hours of labor, and the provisions of subs. (2) and (9) shall be kept posted
3by the owner or developer in at least one conspicuous and easily accessible place on
4the site of the project.

SB568,11,125 (b) The department shall, by January 1 of each year, compile the prevailing
6wage rates for each trade or occupation in each area. The compilation shall, in
7addition to the current prevailing wage rates, include future prevailing wage rates
8when those prevailing wage rates can be determined for any trade or occupation in
9any area and shall specify the effective date of those future prevailing wage rates.
10If a publicly funded private construction project that is subject to this section extends
11into more than one area there shall be but one standard of prevailing wage rates for
12the entire private construction project.

SB568,11,1813 (c) In determining prevailing wage rates under par. (a) or (b), the department
14may not use data from projects that are subject to this section, s. 66.0903, 103.49, or
15103.50 or 40 USC 276a unless the department determines that there is insufficient
16wage data in the area to determine those prevailing wage rates, in which case the
17department may use data from projects that are subject to this section, s. 66.0903,
18103.49, or 103.50 or 40 USC 276a.

SB568,12,219 (d) Any person may request a recalculation of any portion of an initial
20determination within 30 days after the initial determination date if the person
21submits evidence with the request showing that the prevailing wage rate for any
22given trade or occupation included in the initial determination does not represent the
23prevailing wage rate for that trade or occupation in the area. The evidence shall
24include wage rate information reflecting work performed by persons working in the
25contested trade or occupation in the area during the current survey period. The

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1department shall affirm or modify the initial determination within 15 days after the
2date on which the department receives the request for recalculation.

SB568,12,163 (e) In addition to the recalculation under par. (d), the owner or developer that
4requested the determination under this subsection may request a review of any
5portion of the determination within 30 days after the date of issuance of the
6determination if the owner or developer submits evidence with the request showing
7that the prevailing wage rate for any given trade or occupation included in the
8determination does not represent the prevailing wage rate for that trade or
9occupation in the city, village, or town in which the proposed publicly funded private
10construction project is located. That evidence shall include wage rate information
11for the contested trade or occupation on at least 3 similar projects located in the city,
12village, or town where the proposed publicly funded private construction project is
13located on which some work has been performed during the current survey period
14and which were considered by the department in issuing its most recent compilation
15under par. (b). The department shall affirm or modify the determination within 15
16days after the date on which the department receives the request for review.

SB568,12,22 17(5) Nonapplicability. This section does not apply to any single-trade publicly
18funded private construction project for which the estimated cost of completion is less
19than $30,000 or an amount determined by the department under s. 66.0903 (5) or to
20any multiple-trade publicly funded private construction project for which the
21estimated cost of completion is less than $150,000 or an amount determined by the
22department under s. 66.0903 (5).

SB568,13,4 23(6) Exemptions. The department, upon petition of any owner or developer
24contracting for a publicly funded private construction project that is subject to this
25section, shall issue an order exempting the owner or developer from applying to the

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1department for a determination under sub. (4) when it is shown that the project is
2also subject to an ordinance or other enactment of a local governmental unit that sets
3forth standards, policy, procedure, and practice resulting in standards as high or
4higher than those under this section.

SB568,13,13 5(7) Compliance. (a) When the department finds that an owner or developer
6has not requested a determination under sub. (4) (a) or that an owner, developer,
7contractor, or subcontractor has not physically incorporated a determination into a
8contract or subcontract as required under sub. (2) (b) or has not notified a minor
9subcontractor of a determination in the manner prescribed by the department by
10rule promulgated under sub. (2) (b), the department shall notify the owner,
11developer, contractor, or subcontractor of the noncompliance and shall file the
12determination with the owner, developer, contractor, or subcontractor within 30 days
13after the notice.

SB568,13,1914 (b) Upon completion of a publicly funded private construction project that is
15subject to this section and before receiving final payment for his or her work on the
16private construction project, each agent or subcontractor shall furnish the contractor
17with an affidavit stating that the agent or subcontractor has complied fully with the
18requirements of this section. A contractor may not authorize final payment until the
19affidavit is filed in proper form and order.

SB568,14,1020 (c) Upon completion of a publicly funded private construction project that is
21subject to this section and before receiving final payment for his or her work on the
22project, each contractor shall file with the owner or developer contracting for the
23work an affidavit stating that the contractor has complied fully with the
24requirements of this section and that the contractor has received an affidavit under
25par. (b) from each of the contractor's agents and subcontractors. An owner or

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1developer may not authorize a final payment until the affidavit is filed in proper form
2and order. If an owner or developer authorizes a final payment before the affidavit
3is filed in proper form and order or if the department determines, based on the
4greater weight of the credible evidence, that any person performing the work
5specified in sub. (3) has been or may have been paid less than the prevailing wage
6rate or less than 1.5 times the hourly basic rate of pay for all hours worked in excess
7of the prevailing hours of labor and requests that the owner or developer withhold
8all or part of the final payment, but the owner or developer fails to do so, the owner
9or developer is liable for all back wages payable up to the amount of the final
10payment.

SB568,14,21 11(8) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
12agent performing work on a publicly funded private construction project that is
13subject to this section shall keep full and accurate records clearly indicating the
14name and trade or occupation of every person performing the work described in sub.
15(3) and an accurate record of the number of hours worked by each of those persons
16and the actual wages paid for the hours worked. By no later than the end of the week
17following a week in which a contractor, subcontractor, or contractor's or
18subcontractor's agent performs work on a project that is subject to this section, the
19contractor, subcontractor, or agent shall submit to the contracting owner or
20developer a certified record of the information specified in the preceding sentence for
21that preceding week.

SB568,15,822 (b) The department or the local governmental unit providing financial
23assistance for a publicly funded private construction project may demand and
24examine, and every contractor, subcontractor, and contractor's or subcontractor's
25agent shall keep, and furnish upon request by the department or local governmental

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1unit, copies of payrolls and other records and information relating to the wages paid
2to persons performing the work described in sub. (3) for work to which this section
3applies. The department may inspect records in the manner provided in ch. 103.
4Every contractor, subcontractor, or agent performing work on a publicly funded
5private construction project that is subject to this section is subject to the
6requirements of ch. 103 relating to the examination of records. Section 111.322 (2m)
7applies to discharge and other discriminatory acts arising in connection with any
8proceeding under this section.

SB568,15,259 (c) If requested by any person, the department shall inspect the payroll records
10of any contractor, subcontractor, or contractor's or subcontractor's agent performing
11work on a publicly funded private construction project that is subject to this section
12to ensure compliance with this section. In the case of a request made by a person
13performing the work specified in sub. (3), if the department finds that the contractor,
14subcontractor, or agent subject to the inspection is in compliance and that the request
15if frivolous, the department shall charge the person making the request the actual
16cost of the inspection. In the case of a request made by a person not performing the
17work specified in sub. (3), if the department finds that the contractor, subcontractor,
18or agent subject to the inspection is in compliance and that the request is frivolous,
19the department shall charge the person making the request $250 or the actual cost
20of the inspection, whichever is greater. In order to find that a request is frivolous,
21the department must find that the person making the request made the request in
22bad faith, solely for the purpose of harassing or maliciously injuring the contractor,
23subcontractor, or agent subject to the inspection, or that the person making the
24request knew, or should have known, that there was no reasonable basis for believing
25that a violation of this section had been committed.

SB568,16,6

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1(d) Section 103.005 (5) (f), (11), (12), and (13) applies to this section, except that
2s. 103.005 (12) (a) does not apply to any person who fails to provide any information
3to the department to assist the department in determining prevailing wage rates
4under sub. (4) (a) or (b). Section 111.322 (2m) applies to discharge and other
5discriminatory acts arising in connection with any proceeding under this section,
6including proceedings under sub. (9) (a).

SB568,16,19 7(9) Liability and penalties. (a) Any contractor, subcontractor, or contractor's
8or subcontractor's agent who fails to pay the prevailing wage rate determined by the
9department under sub. (4) or who pays less than 1.5 times the hourly basic rate of
10pay for all hours worked in excess of the prevailing hours of labor is liable to any
11affected employee in the amount of his or her unpaid wages or his or her unpaid
12overtime compensation and in an additional equal amount as liquidated damages.
13An action to recover the liability may be maintained in any court of competent
14jurisdiction by any employee for and in behalf of that employee and other employees
15similarly situated. No employee may be a party plaintiff to the action unless the
16employee consents in writing to become a party and the consent is filed in the court
17in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
18addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
19and costs to be paid by the defendant.

SB568,16,2320 (b) 1. Except as provided in subds. 2., 4., and 6., any contractor, subcontractor,
21or contractor's or subcontractor's agent who violates this section may be fined not
22more than $200 or imprisoned for not more than 6 months or both. Each day that
23any violation continues is considered a separate offense.

SB568,17,624 2. Whoever induces any person who seeks to be or is employed on any publicly
25funded private construction project that is subject to this section to give up, waive,

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1or return any part of the wages to which the person is entitled under the contract
2governing the project, or who reduces the hourly basic rate of pay normally paid to
3a person for work on a project that is not subject to this section during a week in which
4the person works both on a project that is subject to this section and on a project that
5is not subject to this section, by threat not to employ, by threat of dismissal from
6employment, or by any other means is guilty of an offense under s. 946.15 (1).

SB568,17,167 3. Any person employed on a publicly funded private construction project that
8is subject to this section who knowingly permits a contractor, subcontractor, or
9contractor's or subcontractor's agent to pay him or her less than the prevailing wage
10rate set forth in the contract governing the project, who gives up, waives, or returns
11any part of the compensation to which he or she is entitled under the contract, or who
12gives up, waives, or returns any part of the compensation to which he or she is
13normally entitled for work on a project that is not subject to this section during a
14week in which the person works both on a project that is subject to this section and
15on a project that is not subject to this section, is guilty of an offense under s. 946.15
16(2).

SB568,17,2217 4. Whoever induces any person who seeks to be or is employed on any publicly
18funded private construction project that is subject to this section to permit any part
19of the wages to which the person is entitled under the contract governing the project
20to be deducted from the person's pay is guilty of an offense under s. 946.15 (3), unless
21the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is
22working on a project that is subject to 40 USC 276c.

SB568,18,323 5. Any person employed on a publicly funded private construction project that
24is subject to this section who knowingly permits any part of the wages to which he
25or she is entitled under the contract governing the project to be deducted from his or

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1her pay is guilty of an offense under s. 946.15 (4), unless the deduction would be
2permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is
3subject to 40 USC 276c.

SB568,18,64 6. Subdivision 1. does not apply to any person who fails to provide any
5information to the department to assist the department in determining prevailing
6wage rates under sub. (4) (a) or (b).

SB568,18,20 7(10) Debarment. (a) Except as provided under pars. (b) and (c), the department
8shall notify any owner or developer applying for a determination under sub. (4) and
9any owner or developer that is exempt under sub. (6) of the names of all persons
10whom the department has found to have failed to pay the prevailing wage rate
11determined under sub. (4) or has found to have paid less than 1.5 times the hourly
12basic rate of pay for all hours worked in excess of the prevailing hours of labor at any
13time in the preceding 3 years. The department shall include with each name the
14address of the person and shall specify when the person failed to pay the prevailing
15wage rate and when the person paid less than 1.5 times the hourly basic rate of pay
16for all hours worked in excess of the prevailing hours of labor. An owner or developer
17may not award any contract to the person unless otherwise recommended by the
18department or unless 3 years have elapsed from the date on which the department
19issued its findings or date of final determination by a court of competent jurisdiction,
20whichever is later.

SB568,18,2521 (b) The department may not include in a notification under par. (a) the name
22of any person on the basis of having let work to a person whom the department has
23found to have failed to pay the prevailing wage rate determined under sub. (4) or has
24found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
25in excess of the prevailing hours of labor.

SB568,19,5

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1(c) This subsection does not apply to any contractor, subcontractor, or
2contractor's or subcontractor's or agent that in good faith commits a minor violation
3of this section, as determined on a case-by-case basis through administrative
4hearings with all rights to due process afforded to all parties or that has not
5exhausted or waived all appeals.

SB568,19,156 (d) Any person submitting a bid or negotiating a contract on a publicly funded
7private construction project that is subject to this section shall, on the date on which
8the person submits the bid, identify any construction business in which the person,
9or a shareholder, officer, or partner of the person, if the person is a business, owns,
10or has owned at least a 25 percent interest on the date the person submits the bid or
11at any other time within 3 years preceding the date on which the person submits the
12bid or negotiates the contract, if the business has been found to have failed to pay the
13prevailing wage rate determined under sub. (4) or to have paid less than 1.5 times
14the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
15labor.

SB568,19,1616 (e) The department shall promulgate rules to administer this subsection.

SB568,19,2318 103.49 (3) (ar) In determining prevailing wage rates under par. (a) or (am), the
19department may not use data from projects that are subject to this section, s. 66.0903,
2066.0904, 103.50, or 229.8275 or 40 USC 276a unless the department determines that
21there is insufficient wage data in the area to determine those prevailing wage rates,
22in which case the department may use data from projects that are subject to this
23section, s. 66.0903, 66.0904, 103.50, or 229.8275 or 40 USC 276a.

SB568,20,10

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1103.49 (5) (a) Each contractor, subcontractor , or contractor's or subcontractor's
2agent performing work on a project that is subject to this section shall keep full and
3accurate records clearly indicating the name and trade or occupation of every person
4performing the work described in sub. (2m) and an accurate record of the number of
5hours worked by each of those persons and the actual wages paid for the hours
6worked. By no later than the end of the week following a week in which a contractor,
7subcontractor, or contractor's or subcontractor's agent performs work on a project
8that is subject to this section, the contractor, subcontractor, or agent shall submit to
9the state agency authorizing the work a certified record of the information specified
10in the preceding sentence for that preceding week.

SB568,21,512 103.49 (5) (c) If requested by any person, the department shall inspect the
13payroll records of any contractor, subcontractor, or agent performing work on a
14project that is subject to this section to ensure compliance with this section. If In the
15case of a request made by a person performing the work specified in sub. (2m), if the
16department finds that the contractor, subcontractor, or agent subject to the
17inspection is found to be in compliance and if the person making the request is a
18person performing the work specified in sub. (2m) that the request is frivolous, the
19department shall charge the person making the request the actual cost of the
20inspection. If In the case of a request made by a person not performing the work
21specified in sub. (2m), if the department finds that the contractor, subcontractor, or
22agent subject to the inspection is found to be in compliance and if the person making
23the request is not a person performing the work specified in sub. (2m) that the
24request is frivolous, the department shall charge the person making the request $250
25or the actual cost of the inspection, whichever is greater. In order to find that a

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1request is frivolous, the department must find that the person making the request
2made the request in bad faith, solely for the purpose of harassing or maliciously
3injuring the contractor, subcontractor, or agent subject to the inspection, or that the
4person making the request knew, or should have known, that there was no
5reasonable basis for believing that a violation of this section had been committed.

SB568,21,97 103.50 (4m) Wage rate data. In determining prevailing wage rates for projects
8that are subject to this section, the department shall use data from projects that are
9subject to this section, s. 66.0903, 66.0904, or 103.49 or 40 USC 276a.

SB568,21,12 11103.503 (title) Substance abuse prevention on public works and
12publicly funded projects.

SB568,21,1814 103.503 (1) (a) "Accident" means an incident caused, contributed to, or
15otherwise involving an employee that resulted or could have resulted in death,
16personal injury, or property damage and that occurred while the employee was
17performing the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a
18project.

SB568,21,2320 103.503 (1) (c) "Contracting agency" means a local governmental unit, as
21defined in s. 66.0903 (1) (d), or a state agency, as defined in s. 103.49 (1) (f), or an
22owner or developer under s. 66.0904 that has contracted for the performance of work
23on a project.

SB568,22,3

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1103.503 (1) (e) "Employee" means a laborer, worker, mechanic, or truck driver
2who performs the work described in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a
3project.

SB568,22,75 103.503 (1) (g) "Project" mean a project of public works that is subject to s.
666.0903 or 103.49 or a publicly funded private construction project that is subject to
7s. 66.0904.

SB568,22,159 103.503 (2) Substance abuse prohibited. No employee may use, possess,
10attempt to possess, distribute, deliver, or be under the influence of a drug, or use or
11be under the influence of alcohol, while performing the work described in s. 66.0903
12(4), 66.0904 (3), or 103.49 (2m) on a project. An employee is considered to be under
13the influence of alcohol for purposes of this subsection if he or she has an alcohol
14concentration that is equal to or greater than the amount specified in s. 885.235 (1g)
15(d).

SB568,22,2317 103.503 (3) (a) 2. A requirement that employees performing the work described
18in s. 66.0903 (4), 66.0904 (3), or 103.49 (2m) on a project submit to random,
19reasonable suspicion, and post-accident drug and alcohol testing and to drug and
20alcohol testing before commencing work on a project, except that testing of an
21employee before commencing work on a project is not required if the employee has
22been participating in a random testing program during the 90 days preceding the
23date on which the employee commenced work on the project.