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AB68-SSA1,821,2318 (am) “Bona fide economic benefit" means an economic benefit for which an
19employer makes irrevocable contributions to a trust or fund created under 29 USC
20186
(c) or to any other bona fide plan, trust, program, or fund no less often than
21quarterly or, if an employer makes annual contributions to such a bona fide plan,
22trust, program, or fund, for which the employer irrevocably escrows moneys at least
23quarterly based on the employer's expected annual contribution.
AB68-SSA1,822,224 (b) “Hourly basic rate of pay" means the hourly wage paid to any employee,
25excluding any contributions or payments for health insurance benefits, vacation

1benefits, pension benefits, and any other bona fide economic benefits, whether paid
2directly or indirectly.
AB68-SSA1,822,53 (bg) “Insufficient wage data" means less than 500 hours of work performed in
4a particular trade or occupation on projects that are similar to a proposed project of
5public works that is subject to this section.
AB68-SSA1,822,116 (bj) “Minor service or maintenance work" means a project of public works that
7is limited to minor crack filling, chip or slurry sealing, or other minor pavement
8patching, not including overlays, that has a projected life span of no longer than 5
9years; cleaning of drainage or sewer ditches or structures; or any other limited, minor
10work on public facilities or equipment that is routinely performed to prevent
11breakdown or deterioration.
AB68-SSA1,822,1412 (br) “Multiple-trade project of public works" means a project of public works
13in which no single trade accounts for 85 percent or more of the total labor cost of the
14project.
AB68-SSA1,822,1715 (c) “Prevailing hours of labor" for any trade or occupation in any area means
1610 hours per day and 40 hours per week and may not include any hours worked on
17a Saturday or Sunday or on any of the following holidays:
AB68-SSA1,822,1818 1. January 1.
AB68-SSA1,822,1919 2. The last Monday in May.
AB68-SSA1,822,2020 3. July 4.
AB68-SSA1,822,2121 4. The first Monday in September.
AB68-SSA1,822,2222 5. The 4th Thursday in November.
AB68-SSA1,822,2323 6. December 25.
AB68-SSA1,822,2424 7. The day before if January 1, July 4, or December 25 falls on a Saturday.
AB68-SSA1,822,2525 8. The day following if January 1, July 4, or December 25 falls on a Sunday.
AB68-SSA1,823,6
1(d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
2occupation engaged in the erection, construction, remodeling, repairing, or
3demolition of any project of public works in any area means the hourly basic rate of
4pay, plus the hourly contribution for health insurance benefits, vacation benefits,
5pension benefits, and any other bona fide economic benefit, paid directly or indirectly
6for a majority of the hours worked in the trade or occupation on projects in the area.
AB68-SSA1,823,167 2. If there is no rate at which a majority of the hours worked in the trade or
8occupation on projects in the area is paid, “prevailing wage rate" for any trade or
9occupation engaged in the erection, construction, remodeling, repairing, or
10demolition of any project of public works in any area means the average hourly basic
11rate of pay, weighted by the number of hours worked, plus the average hourly
12contribution, weighted by the number of hours worked, for health insurance benefits,
13vacation benefits, pension benefits, and any other bona fide economic benefit, paid
14directly or indirectly for all hours worked at the hourly basic rate of pay of the
15highest-paid 51 percent of hours worked in that trade or occupation on projects in
16that area.
AB68-SSA1,823,1917 (em) “Single-trade project of public works" means a project of public works in
18which a single trade accounts for 85 percent or more of the total labor cost of the
19project.
AB68-SSA1,823,2520 (f) “State agency" means any office, department, independent agency,
21institution of higher education, association, society, or other body in state
22government created or authorized to be created by the constitution or any law,
23including the legislature and the courts. “State agency" also includes the University
24of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
25Authority, and the Wisconsin Aerospace Authority.
AB68-SSA1,824,5
1(fm) “Supply and installation contract" means a contract under which the
2material is installed by the supplier, the material is installed by means of simple
3fasteners or connectors such as screws or nuts and bolts, and no other work is
4performed on the site of the project of public works, and the total labor cost to install
5the material does not exceed 20 percent of the total cost of the contract.
AB68-SSA1,824,66 (g) “Truck driver" includes an owner-operator of a truck.
AB68-SSA1,824,9 7(1m) Applicability. Subject to sub. (3g), this section applies to any project of
8public works erected, constructed, repaired, remodeled, or demolished for the state
9or a state agency, including all of the following:
AB68-SSA1,824,1210 (a) A project erected, constructed, repaired, remodeled, or demolished by one
11state agency for another state agency under any contract or under any statute
12specifically authorizing cooperation between state agencies.
AB68-SSA1,824,1613 (b) A project in which the completed facility is leased, purchased, lease
14purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or
15a state agency contracting for the erection, construction, repair, remodeling, or
16demolition of the facility.
AB68-SSA1,824,1917 (c) A sanitary sewer or water main project in which the completed sanitary
18sewer or water main is acquired by, or dedicated to, the state for ownership or
19maintenance by the state.
AB68-SSA1,825,16 20(2) Prevailing wage rates and hours of labor. Any contract made for the
21erection, construction, remodeling, repairing, or demolition of any project of public
22works to which the state or any state agency is a party shall contain a stipulation that
23no individual performing the work described in sub. (2m) may be allowed to work a
24greater number of hours per day or per week than the prevailing hours of labor,
25except that any such individual may be allowed or required to work more than such

1prevailing hours of labor per day and per week if he or she is paid for all hours worked
2in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly
3basic rate of pay; nor may he or she be paid less than the prevailing wage rate
4determined under sub. (3) in the same or most similar trade or occupation in the area
5in which the project of public works is situated. The notice published for the purpose
6of securing bids for the project must contain a reference to the prevailing wage rates
7determined under sub. (3) and the prevailing hours of labor. Except as otherwise
8provided in this subsection, if any contract or subcontract for a project of public works
9that is subject to this section is entered into, the prevailing wage rates determined
10under sub. (3) and the prevailing hours of labor shall be physically incorporated into
11and made a part of the contract or subcontract. For a minor subcontract, as
12determined by the department, the department shall prescribe by rule the method
13of notifying the minor subcontractor of the prevailing wage rates and prevailing
14hours of labor applicable to the minor subcontract. The prevailing wage rates and
15prevailing hours of labor applicable to a contract or subcontract may not be changed
16during the time that the contract or subcontract is in force.
AB68-SSA1,825,22 17(2m) Covered employees. (a) Subject to par. (b), any person subject to this
18section shall pay all of the following employees the prevailing wage rate determined
19under sub. (3) and may not allow such employees to work a greater number of hours
20per day or per week than the prevailing hours of labor, unless the person pays for all
21hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
22the employees' hourly basic rate of pay:
AB68-SSA1,825,2423 1. All laborers, workers, mechanics, and truck drivers employed on the site of
24a project of public works that is subject to this section.
AB68-SSA1,826,6
12. All laborers, workers, mechanics, and truck drivers employed in the
2manufacturing or furnishing of materials, articles, supplies, or equipment on the site
3of a project of public works that is subject to this section or from a facility dedicated
4exclusively, or nearly so, to a project of public works that is subject to this section by
5a contractor, subcontractor, agent, or other person performing any work on the site
6of the project.
AB68-SSA1,826,147 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
8manufacture, pick up, or deliver materials or products from a commercial
9establishment that has a fixed place of business from which the establishment
10supplies processed or manufactured materials or products or from a facility that is
11not dedicated exclusively, or nearly so, to a project of public works that is subject to
12this section is not entitled to receive the prevailing wage rate determined under sub.
13(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
14worked in excess of the prevailing hours of labor unless any of the following applies:
AB68-SSA1,826,1915 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
16of mineral aggregate such as sand, gravel, or stone and deliver that mineral
17aggregate to the site of a project of public works that is subject to this section by
18depositing the material directly in final place, from the transporting vehicle or
19through spreaders from the transporting vehicle.
AB68-SSA1,826,2320 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
21of a project that is subject to this section, pick up excavated material or spoil from
22the site of the project of public works, and transport that excavated material or spoil
23away from the site of the project.
AB68-SSA1,827,3
1(c) A person that is subject to this section shall pay a truck driver who is an
2owner-operator of a truck separately for his or her work and for the use of his or her
3truck.
AB68-SSA1,827,19 4(3) Investigation; determination. (a) Before a state agency issues a request
5for bids for any work to which this section applies, the state agency having the
6authority to prescribe the specifications shall apply to the department to determine
7the prevailing wage rate for each trade or occupation required in the work under
8contemplation in the area in which the work is to be done. The department shall
9conduct investigations and hold public hearings as necessary to define the trades or
10occupations that are commonly employed on projects that are subject to this section
11and to inform itself of the prevailing wage rates in all areas of the state for those
12trades or occupations, in order to determine the prevailing wage rate for each trade
13or occupation. The department shall issue its determination within 30 days after
14receiving the request and shall file the determination with the requesting state
15agency. A state agency that has contracted for a project of public works subject to this
16section shall post the prevailing wage rates determined by the department, the
17prevailing hours of labor, and the provisions of subs. (2) and (6m) in at least one
18conspicuous place on the site of the project that is easily accessible by employees
19working on the project.
AB68-SSA1,828,220 (am) The department shall, by January 1 of each year, compile the prevailing
21wage rates for each trade or occupation in each area. The compilation shall, in
22addition to the current prevailing wage rates, include future prevailing wage rates
23when those prevailing wage rates can be determined for any trade or occupation in
24any area and shall specify the effective date of those future prevailing wage rates.

1If a project of public works extends into more than one area, the department shall
2determine only one standard of prevailing wage rates for the entire project.
AB68-SSA1,828,113 (ar) In determining prevailing wage rates under par. (a) or (am), the
4department may not use data from projects that are subject to this section, s. 66.0903,
5103.50, or 229.8275, or 40 USC 3142 unless the department determines that there
6is insufficient wage data in the area to determine those prevailing wage rates, in
7which case the department may use data from projects that are subject to this
8section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining prevailing
9wage rates under par. (a) or (am), the department may not use data from any
10construction work performed by a state agency or a local governmental unit, as
11defined in s. 66.0903 (1) (d).
AB68-SSA1,828,2012 (b) Any person may request a recalculation of any portion of an initial
13determination within 30 days after the initial determination date if the person
14submits evidence with the request showing that the prevailing wage rate for any
15given trade or occupation included in the initial determination does not represent the
16prevailing wage rate for that trade or occupation in the area. The evidence shall
17include wage rate information reflecting work performed by individuals working in
18the contested trade or occupation in the area during the current survey period. The
19department shall affirm or modify the initial determination within 15 days after the
20date on which the department receives the request for recalculation.
AB68-SSA1,829,921 (c) In addition to the recalculation under par. (b), the state agency that
22requested the determination under this subsection may request a review of any
23portion of a determination within 30 days after the date of issuance of the
24determination if the state agency submits evidence with the request showing that
25the prevailing wage rate for any given trade or occupation included in the

1determination does not represent the prevailing wage rate for that trade or
2occupation in the city, village, or town in which the proposed project of public works
3is located. That evidence shall include wage rate information for the contested trade
4or occupation on at least 3 similar projects located in the city, village, or town where
5the proposed project of public works is located on which some work has been
6performed during the current survey period and that were considered by the
7department in issuing its most recent compilation under par. (am). The department
8shall affirm or modify the determination within 15 days after the date on which the
9department receives the request for review.
AB68-SSA1,829,10 10(3g) Nonapplicability. This section does not apply to any of the following:
AB68-SSA1,829,1311 (a) A single-trade project of public works for which the estimated project cost
12of completion is less than $48,000 or a multiple-trade project of public works for
13which the estimated project cost of completion is less than $100,000.
AB68-SSA1,829,1714 (b) Work performed on a project of public works for which the state or the state
15agency contracting for the project is not required to compensate any contractor,
16subcontractor, contractor's or subcontractor's agent, or individual for performing the
17work.
AB68-SSA1,829,1918 (c) Minor service or maintenance work, warranty work, or work under a supply
19and installation contract.
AB68-SSA1,829,2020 (f) A public highway, street, or bridge project.
AB68-SSA1,829,2321 (g) A project of public works involving the erection, construction, repair,
22remodeling, or demolition of a residential property containing 2 dwelling units or
23less.
AB68-SSA1,830,324 (h) A road, street, bridge, sanitary sewer, or water main project that is a part
25of a development in which not less than 90 percent of the lots contain or will contain

12 dwelling units or less, as determined by the local governmental unit at the time of
2approval of the development, and that, on completion, is acquired by, or dedicated to,
3the state for ownership or maintenance by the state.
AB68-SSA1,830,11 4(4r) Compliance. (a) When the department finds that a state agency has not
5requested a determination under sub. (3) (a) or that a state agency, contractor, or
6subcontractor has not physically incorporated a determination into a contract or
7subcontract as required under sub. (2) or has not notified a minor subcontractor of
8a determination in the manner prescribed by the department by rule promulgated
9under sub. (2), the department shall notify the state agency, contractor or
10subcontractor of the noncompliance and shall file the determination with the state
11agency, contractor, or subcontractor within 30 days after the notice.
AB68-SSA1,830,1612 (b) Upon completion of a project of public works and before receiving final
13payment for his or her work on the project, each agent or subcontractor shall furnish
14the contractor with an affidavit stating that the agent or subcontractor has complied
15fully with the requirements of this section. A contractor may not authorize final
16payment until the affidavit is filed in proper form and order.
AB68-SSA1,831,517 (c) Upon completion of a project of public works and before receiving final
18payment for his or her work on the project, each contractor shall file with the state
19agency authorizing the work an affidavit stating that the contractor has complied
20fully with the requirements of this section and that the contractor has received an
21affidavit under par. (b) from each of the contractor's agents and subcontractors. A
22state agency may not authorize a final payment until the affidavit is filed in proper
23form and order. If a state agency authorizes a final payment before an affidavit is
24filed in proper form and order or if the department determines, based on the greater
25weight of the credible evidence, that any person performing the work specified in sub.

1(2m) has been or may have been paid less than the prevailing wage rate or less than
21.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing
3hours of labor and requests that the state agency withhold all or part of the final
4payment, but the state agency fails to do so, the state agency is liable for all back
5wages payable up to the amount of the final payment.
AB68-SSA1,831,11 6(5) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
7contractor's or subcontractor's agent that performs work on a project of public works
8that is subject to this section shall keep full and accurate records clearly indicating
9the name and trade or occupation of every individual performing the work described
10in sub. (2m) and an accurate record of the number of hours worked by each of those
11individuals and the actual wages paid for the hours worked.
AB68-SSA1,831,2212 (b) The department shall enforce this section. The department may demand
13and examine, and every contractor, subcontractor, and contractor's and
14subcontractor's agent shall keep, and furnish upon request by the department,
15copies of payrolls and other records and information relating to the wages paid to
16individuals performing the work described in sub. (2m) for work to which this section
17applies. The department may inspect records in the manner provided in this chapter.
18Every contractor, subcontractor, or agent performing work on a project of public
19works that is subject to this section is subject to the requirements of this chapter
20relating to the examination of records. Section 111.322 (2m) applies to discharge and
21other discriminatory acts arising in connection with any proceeding under this
22section.
AB68-SSA1,832,1023 (c) If requested by any person, the department shall inspect the payroll records
24of any contractor, subcontractor, or agent performing work on a project of public
25works that is subject to this section as provided in this paragraph to ensure

1compliance with this section. On receipt of such a request, the department shall
2request that the contractor, subcontractor, or agent submit to the department a
3certified record of the information specified in par. (a), other than personally
4identifiable information relating to an employee of the contractor, subcontractor, or
5agent, for no longer than a 4-week period. The department may request a contractor,
6subcontractor, or agent to submit those records no more than once per calendar
7quarter for each project of public works on which the contractor, subcontractor, or
8agent is performing work. The department may not charge a requester a fee for
9obtaining that information. Certified records submitted to the department under
10this paragraph are open for public inspection and copying under s. 19.35 (1).
AB68-SSA1,832,17 11(6m) Liability and penalties. (ag) 1. A contractor, subcontractor, or
12contractor's or subcontractor's agent who fails to pay the prevailing wage rate
13determined by the department under sub. (3) or who pays less than 1.5 times the
14hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor
15is liable to any affected employee in the amount of his or her unpaid wages or his or
16her unpaid overtime compensation and in an additional amount as liquidated
17damages as provided in subd. 2. or 3., whichever is applicable.
AB68-SSA1,833,218 2. If the department determines upon inspection under sub. (5) (b) or (c) that
19a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay
20the prevailing wage rate determined by the department under sub. (3) or has paid
21less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
22prevailing hours of labor, the department shall order the contractor to pay to any
23affected employee the amount of his or her unpaid wages or his or her unpaid
24overtime compensation and an additional amount equal to 100 percent of the amount

1of those unpaid wages or that unpaid overtime compensation as liquidated damages
2within a period specified by the department in the order.
AB68-SSA1,833,133 3. In addition to or in lieu of recovering the liability specified in subd. 1. as
4provided in subd. 2., any employee for and on behalf of that employee and other
5employees similarly situated may commence an action to recover that liability in any
6court of competent jurisdiction. If the court finds that a contractor, subcontractor,
7or contractor's or subcontractor's agent has failed to pay the prevailing wage rate
8determined by the department under sub. (3) or has paid less than 1.5 times the
9hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor,
10the court shall order the contractor, subcontractor, or agent to pay to any affected
11employee the amount of his or her unpaid wages or his or her unpaid overtime
12compensation and an additional amount equal to 100 percent of the amount of those
13unpaid wages or that unpaid overtime compensation as liquidated damages.
AB68-SSA1,833,1814 5. No employee may be a party plaintiff to an action under subd. 3. unless the
15employee consents in writing to become a party and the consent is filed in the court
16in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in
17addition to any judgment awarded to the plaintiff, allow reasonable attorney fees
18and costs to be paid by the defendant.
AB68-SSA1,833,2219 (am) Except as provided in pars. (b), (d), and (f), any contractor, subcontractor,
20or contractor's or subcontractor's agent who violates this section may be fined not
21more than $200 or imprisoned for not more than 6 months or both. Each day that
22a violation continues is a separate offense.
AB68-SSA1,834,623 (b) Whoever induces an individual who seeks to be or is employed on any project
24of public works that is subject to this section to give up, waive, or return any part of
25the wages to which the individual is entitled under the contract governing the

1project, or who reduces the hourly basic rate of pay normally paid to an individual
2for work on a project that is not subject to this section during a week in which the
3individual works both on a project of public works that is subject to this section and
4on a project that is not subject to this section, by threat not to employ, by threat of
5dismissal from employment, or by any other means is guilty of an offense under s.
6946.15 (1).
AB68-SSA1,834,167 (c) Any individual who is employed on a project of public works that is subject
8to this section who knowingly allows a contractor, subcontractor, or contractor's or
9subcontractor's agent to pay him or her less than the prevailing wage rate set forth
10in the contract governing the project, who gives up, waives, or returns any part of the
11compensation to which he or she is entitled under the contract, or who gives up,
12waives, or returns any part of the compensation to which he or she is normally
13entitled for work on a project that is not subject to this section during a week in which
14the individual works both on a project of public works that is subject to this section
15and on a project that is not subject to this section, is guilty of an offense under s.
16946.15 (2).
AB68-SSA1,834,2217 (d) Whoever induces any individual who seeks to be or is employed on any
18project of public works that is subject to this section to allow any part of the wages
19to which the individual is entitled under the contract governing the project to be
20deducted from the individual's pay is guilty of an offense under s. 946.15 (3), unless
21the deduction would be allowed under 29 CFR 3.5 or 3.6 from an individual who is
22working on a project that is subject to 40 USC 3142.
AB68-SSA1,835,323 (e) Any individual who is employed on a project of public works that is subject
24to this section who knowingly allows any part of the wages to which he or she is
25entitled under the contract governing the project to be deducted from his or her pay

1is guilty of an offense under s. 946.15 (4), unless the deduction would be allowed
2under 29 CFR 3.5 or 3.6 from an individual who is working on a project that is subject
3to 40 USC 3142.
AB68-SSA1,835,64 (f) Paragraph (am) 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. (3) (a) or (am).
AB68-SSA1,835,18 7(7) Debarment. (a) Except as provided under pars. (b) and (c), the department
8shall distribute to all state agencies a list of all persons that the department has
9found to have failed to pay the prevailing wage rate determined under sub. (3) or has
10found to have paid less than 1.5 times the hourly basic rate of pay for all hours worked
11in excess of the prevailing hours of labor at any time in the preceding 3 years. The
12department shall include with any name the address of the person and shall specify
13when the person failed to pay the prevailing wage rate and when the person paid less
14than 1.5 times the hourly basic rate of pay for all hours worked in excess of the
15prevailing hours of labor. A state agency may not award any contract to the person
16unless otherwise recommended by the department or unless 3 years have elapsed
17from the date the department issued its findings or date of final determination by a
18court of competent jurisdiction, whichever is later.
AB68-SSA1,835,2419 (b) The department may not include in a notification under par. (a) the name
20of any person on the basis of having subcontracted a contract for a project of public
21works to a person that the department has found to have failed to pay the prevailing
22wage rate determined under sub. (3) or has found to have paid less than 1.5 times
23the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
24labor.
AB68-SSA1,836,4
1(c) This subsection does not apply to any contractor, subcontractor, or agent
2who in good faith commits a minor violation of this section, as determined on a
3case-by-case basis through administrative hearings with all rights to due process
4afforded to all parties or who has not exhausted or waived all appeals.
AB68-SSA1,836,135 (d) Any person submitting a bid on a project of public works that is subject to
6this section shall, on the date the person submits the bid, identify any construction
7business in which the person, or a shareholder, officer, or partner of the person if the
8person is a business, owns or has owned at least a 25 percent interest on the date the
9person submits the bid or at any other time within 3 years preceding the date the
10person submits the bid, if the business has been found to have failed to pay the
11prevailing wage rate determined under sub. (3) or to have paid less than 1.5 times
12the hourly basic rate of pay for all hours worked in excess of the prevailing hours of
13labor.
AB68-SSA1,836,1414 (e) The department shall promulgate rules to administer this subsection.
AB68-SSA1,1705 15Section 1705 . 103.50 of the statutes is created to read:
AB68-SSA1,836,16 16103.50 Highway contracts. (1) Definitions. In this section:
AB68-SSA1,836,2317 (a) “Area" means the county in which a proposed project that is subject to this
18section is located or, if the department determines that there is insufficient wage
19data in that county, “area" means those counties that are contiguous to that county
20or, if the department determines that there is insufficient wage data in those
21counties, “area" means those counties that are contiguous to those counties or, if the
22department determines that there is insufficient wage data in those counties, “area"
23means the entire state.
AB68-SSA1,836,2424 (b) “Hourly basic rate of pay" has the meaning given in s. 103.49 (1) (b).
AB68-SSA1,836,2525 (bg) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
AB68-SSA1,837,1
1(c) “Prevailing hours of labor" has the meaning given in s. 103.49 (1) (c).
AB68-SSA1,837,62 (d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
3occupation in any area means the hourly basic rate of pay, plus the hourly
4contribution for health insurance benefits, vacation benefits, pension benefits, and
5any other bona fide economic benefit, paid directly or indirectly, for a majority of the
6hours worked in the trade or occupation in the area.
AB68-SSA1,837,137 2. If there is no rate at which a majority of the hours worked in the trade or
8occupation in the area is paid, “prevailing wage rate" means the average hourly basic
9rate of pay, weighted by the number of hours worked, plus the average hourly
10contribution, weighted by the number of hours worked, for health insurance benefits,
11vacation benefits, pension benefits, and any other bona fide economic benefit, paid
12directly or indirectly for all hours worked at the hourly basic rate of pay of the
13highest-paid 51 percent of hours worked in that trade or occupation in that area.
AB68-SSA1,837,1414 (e) “Truck driver" has the meaning given in s. 103.49 (1) (g).
AB68-SSA1,837,18 15(2) Prevailing wage rates and hours of labor. No contractor, subcontractor,
16agent, or other person performing any work on a project under a contract based on
17bids as provided in s. 84.06 (2) to which the state is a party for the construction or
18improvement of any highway may do any of the following:
AB68-SSA1,837,2119 (a) Pay an individual performing the work described in sub. (2m) less than the
20prevailing wage rate in the area in which the work is to be done determined under
21sub. (3).
AB68-SSA1,838,222 (b) Allow an individual performing the work described in sub. (2m) to work a
23greater number of hours per day or per week than the prevailing hours of labor,
24unless the contractor, subcontractor, or contractor or subcontractor's agent pays the

1individual for all hours worked in excess of the prevailing hours of labor at a rate of
2at least 1.5 times the individual's hourly basic rate of pay.
AB68-SSA1,838,7 3(2g) Nonapplicability. This section does not apply to a single-trade project of
4public works, as defined in s. 103.49 (1) (em), for which the estimated project cost of
5completion is less than $48,000 or a multiple-trade project of public works, as
6defined in s. 103.49 (1) (br), for which the estimated project cost of completion is less
7than $100,000.
AB68-SSA1,838,13 8(2m) Covered employees. (a) Subject to par. (b), any person subject to this
9section shall pay all of the following employees the prevailing wage rate determined
10under sub. (3) and may not allow such employees to work a greater number of hours
11per day or per week than the prevailing hours of labor, unless the person pays for all
12hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
13the employees' hourly basic rate of pay:
AB68-SSA1,838,1514 1. All laborers, workers, mechanics, and truck drivers employed on the site of
15a project that is subject to this section.
AB68-SSA1,838,2016 2. All laborers, workers, mechanics, and truck drivers employed in the
17manufacturing or furnishing of materials, articles, supplies, or equipment on the site
18of a project that is subject to this section or from a facility dedicated exclusively, or
19nearly so, to a project that is subject to this section by a contractor, subcontractor,
20agent, or other person performing any work on the site of the project.
AB68-SSA1,839,321 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
22manufacture, pick up, or deliver materials or products from a commercial
23establishment that has a fixed place of business from which the establishment
24supplies processed or manufactured materials or products or from a facility that is
25not dedicated exclusively, or nearly so, to a project that is subject to this section is not

1entitled to receive the prevailing wage rate determined under sub. (3) or to receive
2at least 1.5 times his or her hourly basic rate of pay for all hours worked in excess
3of the prevailing hours of labor unless any of the following applies:
AB68-SSA1,839,84 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
5of mineral aggregate such as sand, gravel, or stone and deliver that mineral
6aggregate to the site of a project that is subject to this section by depositing the
7material directly in final place, from the transporting vehicle or through spreaders
8from the transporting vehicle.
AB68-SSA1,839,129 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
10of a project that is subject to this section, pick up excavated material or spoil from
11the site of the project, and transport that excavated material or spoil away from the
12site of the project and return to the site of the project.
AB68-SSA1,839,1513 (c) A contractor, subcontractor, agent, or other person performing work on a
14project subject to this section shall pay a truck driver who is an owner-operator of
15a truck separately for his or her work and for the use of his or her truck.
AB68-SSA1,839,21 16(3) Investigations; determinations. The department shall conduct
17investigations and hold public hearings necessary to define the trades or occupations
18that are commonly employed in the highway construction industry and to inform the
19department of the prevailing wage rates in all areas of the state for those trades or
20occupations, in order to ascertain and determine the prevailing wage rates
21accordingly.
AB68-SSA1,840,8 22(4) Certification of prevailing wage rates. The department of workforce
23development shall, by May 1 of each year, certify to the department of transportation
24the prevailing wage rates in each area for all trades or occupations commonly
25employed in the highway construction industry. The certification shall, in addition

1to the current prevailing wage rates, include future prevailing wage rates when such
2prevailing wage rates can be determined for any such trade or occupation in any area
3and shall specify the effective date of those future prevailing wage rates. The
4certification shall also include wage rates for work performed on Sundays or the
5holidays specified in s. 103.49 (1) (c) and shift differentials based on the time of day
6or night when work is performed. If a construction project extends into more than
7one area, the department shall determine only one standard of prevailing wage rates
8for the entire project.
AB68-SSA1,840,14 9(4m) Wage rate data. In determining prevailing wage rates for projects that
10are subject to this section, the department shall use data from projects that are
11subject to this section, s. 66.0903 or 103.49, or 40 USC 3142. In determining
12prevailing wage rates for those projects, the department may not use data from any
13construction work that is performed by a state agency or a local governmental unit,
14as defined in s. 66.0903 (1) (d).
AB68-SSA1,840,18 15(5) Appeals to governor. If the department of transportation considers any
16determination of the department of workforce development of the prevailing wage
17rates in an area to be incorrect, it may appeal to the governor, whose determination
18is final.
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