AB68,802,103 (dr) “Minor service or maintenance work" means a project of public works that
4is limited to minor crack filling, chip or slurry sealing, or other minor pavement
5patching, not including overlays, that has a projected life span of no longer than 5
6years or that is performed for a town and is not funded under s. 86.31, regardless of
7projected life span; the depositing of gravel on an existing gravel road applied solely
8to maintain the road; road shoulder maintenance; cleaning of drainage or sewer
9ditches or structures; or any other limited, minor work on public facilities or
10equipment that is routinely performed to prevent breakdown or deterioration.
AB68,802,1211 (em) “Multiple-trade project of public works" has the meaning given in s.
12103.49 (1) (br).
AB68,802,1413 (hm) “Single-trade project of public works" has the meaning given in s. 103.49
14(1) (em).
AB68,802,1615 (im) “Supply and installation contract" has the meaning given in s. 103.49 (1)
16(fm).
AB68,1176 17Section 1176 . 66.0903 (1) (c) of the statutes is amended to read:
AB68,802,1918 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856
19103.49 (1) (b), 2015 stats.
AB68,1177 20Section 1177 . 66.0903 (1) (f) of the statutes is amended to read:
AB68,802,2221 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856
22103.49 (1) (e), 2015 stats. (c).
AB68,1178 23Section 1178 . 66.0903 (1) (g) of the statutes is repealed and recreated to read:
AB68,802,2524 66.0903 (1) (g) “Prevailing wage rate" has the meaning given in s. 103.49 (1)
25(d).
AB68,1179
1Section 1179. 66.0903 (1) (j) of the statutes is amended to read:
AB68,803,32 66.0903 (1) (j) “Truck driver" includes an owner-operator of a truck has the
3meaning given in s. 103.49 (1) (g)
.
AB68,1180 4Section 1180 . 66.0903 (1m) (b) of the statutes is amended to read:
AB68,803,195 66.0903 (1m) (b) The legislature finds that the enactment of ordinances or
6other enactments by local governmental units requiring laborers, workers,
7mechanics, and truck drivers employed on projects of public works or on publicly
8funded private construction projects to be paid the prevailing wage rate and to be
9paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the
10prevailing hours of labor would be logically inconsistent with, would defeat the
11purpose of, and would go against the repeals spirit of this section and the repeal of
12s. 66.0904, 2009 stats., and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section
13shall be construed as an enactment of statewide concern for the purposes of
14facilitating broader participation with respect to bidding on projects of public works,
15ensuring that wages accurately reflect market conditions, providing local
16governments with the flexibility to reduce costs on capital projects, and reducing
17spending at all levels of government in this state
purpose of providing uniform
18prevailing wage rate and prevailing hours of labor requirements throughout the
19state
.
AB68,1181 20Section 1181 . 66.0903 (2) to (12) of the statutes are created to read:
AB68,803,2321 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project
22of public works erected, constructed, repaired, remodeled, or demolished for a local
23governmental unit, including all of the following:
AB68,803,2424 (a) A highway, street, bridge, building, or other infrastructure project.
AB68,804,4
1(b) A project erected, constructed, repaired, remodeled, or demolished by one
2local governmental unit for another local governmental unit under a contract under
3s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically
4authorizing cooperation between local governmental units.
AB68,804,85 (c) A project in which the completed facility is leased, purchased, lease
6purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu
7of the local governmental unit contracting for the erection, construction, repair,
8remodeling, or demolition of the facility.
AB68,804,129 (d) A road, street, bridge, sanitary sewer, or water main project in which the
10completed road, street, bridge, sanitary sewer, or water main is acquired by, or
11dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership
12or maintenance by the local governmental unit.
AB68,804,24 13(3) Prevailing wage rates and hours of labor. (am) A local governmental unit,
14before making a contract by direct negotiation or soliciting bids on a contract for the
15erection, construction, remodeling, repairing, or demolition of any project of public
16works, shall apply to the department to determine the prevailing wage rate for each
17trade or occupation required in the work contemplated. The department shall
18conduct investigations and hold public hearings as necessary to define the trades or
19occupations that are commonly employed on projects of public works that are subject
20to this section and to inform itself of 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 requesting
24local governmental unit.
AB68,805,7
1(ar) The department shall, by January 1 of each year, compile the prevailing
2wage rates for each trade or occupation in each area. The compilation shall, in
3addition to the current prevailing wage rates, include future prevailing wage rates
4when those prevailing wage rates can be determined for any trade or occupation in
5any area and shall specify the effective date of those future prevailing wage rates.
6If a project of public works extends into more than one area, the department shall
7determine only one standard of prevailing wage rates for the entire project.
AB68,805,158 (av) In determining prevailing wage rates under par. (am) or (ar), the
9department may not use data from projects that are subject to this section, s. 103.49
10or 103.50, or 40 USC 3142 unless the department determines that there is
11insufficient wage data in the area to determine those prevailing wage rates, in which
12case the department may use data from projects that are subject to this section, s.
13103.49 or 103.50, or 40 USC 3142. In determining prevailing wage rates under par.
14(am) or (ar), the department may not use data from any construction work that is
15performed by a local governmental unit or a state agency.
AB68,805,2416 (bm) Any person may request a recalculation of any portion of an initial
17determination within 30 days after the initial determination date if the person
18submits evidence with the request showing that the prevailing wage rate for any
19given trade or occupation included in the initial determination does not represent the
20prevailing wage rate for that trade or occupation in the area. The evidence shall
21include wage rate information reflecting work performed by individuals working in
22the contested trade or occupation in the area during the current survey period. The
23department shall affirm or modify the initial determination within 15 days after the
24date on which the department receives the request for recalculation.
AB68,806,14
1(br) In addition to the recalculation under par. (bm), the local governmental
2unit that requested the determination under this subsection may request a review
3of any portion of a determination within 30 days after the date of issuance of the
4determination if the local governmental unit submits evidence with the request
5showing that the prevailing wage rate for any given trade or occupation included in
6the determination does not represent the prevailing wage rate for that trade or
7occupation in the city, village, or town in which the proposed project of public works
8is located. That evidence shall include wage rate information for the contested trade
9or occupation on at least 3 similar projects located in the city, village, or town where
10the proposed project of public works is located and on which some work has been
11performed during the current survey period and which were considered by the
12department in issuing its most recent compilation under par. (ar). The department
13shall affirm or modify the determination within 15 days after the date on which the
14department receives the request for review.
AB68,807,215 (dm) A local governmental unit that is subject to this section shall include a
16reference to the prevailing wage rates determined by the department and to the
17prevailing hours of labor in the notice published for the purpose of securing bids for
18the project of public works. Except as otherwise provided in this paragraph, if any
19contract or subcontract for a project of public works is entered into, the prevailing
20wage rates determined by the department and the prevailing hours of labor shall be
21physically incorporated into and made a part of the contract or subcontract. For a
22minor subcontract, as determined by the department, the department shall
23prescribe by rule the method of notifying the minor subcontractor of the prevailing
24wage rates and prevailing hours of labor applicable to the minor subcontract. The
25prevailing wage rates and prevailing hours of labor applicable to a contract or

1subcontract may not be changed during the time that the contract or subcontract is
2in force.
AB68,807,43 (e) No contractor, subcontractor, or contractor or subcontractor's agent that is
4subject to this section may do any of the following:
AB68,807,75 1. Pay an individual performing the work described in sub. (4) less than the
6prevailing wage rate in the same or most similar trade or occupation determined
7under this subsection.
AB68,807,128 2. Allow an individual performing the work described in sub. (4) to work a
9greater number of hours per day or per week than the prevailing hours of labor,
10unless the contractor, subcontractor, or contractor or subcontractor's agent pays the
11individual for all hours worked in excess of the prevailing hours of labor at a rate of
12at least 1.5 times the individual's hourly basic rate of pay.