SB45,877,22228. The day following if January 1, July 4, or December 25 falls on a Sunday.
SB45,878,623(d) 1. Except as provided in subd. 2., prevailing wage rate for any trade or

1occupation engaged in the erection, construction, remodeling, repairing, or
2demolition of any project of public works in any area means the hourly basic rate of
3pay, plus the hourly contribution for health insurance benefits, vacation benefits,
4pension benefits, and any other bona fide economic benefit, paid directly or
5indirectly for a majority of the hours worked in the trade or occupation on projects
6in the area.
SB45,878,1672. 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
13benefits, vacation benefits, pension benefits, and any other bona fide economic
14benefit, paid directly or indirectly for all hours worked at the hourly basic rate of
15pay of the highest-paid 51 percent of hours worked in that trade or occupation on
16projects in that area.
SB45,878,1917(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.
SB45,879,220(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

1University of Wisconsin Hospitals and Clinics Authority, the Fox River
2Navigational System Authority, and the Wisconsin Aerospace Authority.
SB45,879,73(fm) Supply and installation contract means a contract under which the
4material is installed by the supplier, the material is installed by means of simple
5fasteners or connectors such as screws or nuts and bolts, and no other work is
6performed on the site of the project of public works, and the total labor cost to
7install the material does not exceed 20 percent of the total cost of the contract.
SB45,879,88(g) Truck driver includes an owner-operator of a truck.
SB45,879,119(1m) Applicability. Subject to sub. (3g), this section applies to any project of
10public works erected, constructed, repaired, remodeled, or demolished for the state
11or a state agency, including all of the following:
SB45,879,1412(a) A project erected, constructed, repaired, remodeled, or demolished by one
13state agency for another state agency under any contract or under any statute
14specifically authorizing cooperation between state agencies.
SB45,879,1815(b) A project in which the completed facility is leased, purchased, lease
16purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or
17a state agency contracting for the erection, construction, repair, remodeling, or
18demolition of the facility.
SB45,879,2119(c) A sanitary sewer or water main project in which the completed sanitary
20sewer or water main is acquired by, or dedicated to, the state for ownership or
21maintenance by the state.
SB45,880,2122(2) Prevailing wage rates and hours of labor. Any contract made for the
23erection, construction, remodeling, repairing, or demolition of any project of public

1works to which the state or any state agency is a party shall contain a stipulation
2that no individual performing the work described in sub. (2m) may be allowed to
3work a greater number of hours per day or per week than the prevailing hours of
4labor, except that any such individual may be allowed or required to work more than
5such prevailing hours of labor per day and per week if he or she is paid for all hours
6worked in excess of the prevailing hours of labor at a rate of at least 1.5 times his or
7her hourly basic rate of pay; nor may he or she be paid less than the prevailing wage
8rate determined under sub. (3) in the same or most similar trade or occupation in
9the area in which the project of public works is situated. The notice published for
10the purpose of securing bids for the project must contain a reference to the
11prevailing wage rates determined under sub. (3) and the prevailing hours of labor.
12Except as otherwise provided in this subsection, if any contract or subcontract for a
13project of public works that is subject to this section is entered into, the prevailing
14wage rates determined under sub. (3) and the prevailing hours of labor shall be
15physically incorporated into and made a part of the contract or subcontract. For a
16minor subcontract, as determined by the department, the department shall
17prescribe by rule the method of notifying the minor subcontractor of the prevailing
18wage rates and prevailing hours of labor applicable to the minor subcontract. The
19prevailing wage rates and prevailing hours of labor applicable to a contract or
20subcontract may not be changed during the time that the contract or subcontract is
21in force.
SB45,881,422(2m) Covered employees. (a) Subject to par. (b), any person subject to this
23section shall pay all of the following employees the prevailing wage rate determined

1under sub. (3) and may not allow such employees to work a greater number of hours
2per day or per week than the prevailing hours of labor, unless the person pays for all
3hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
4the employees hourly basic rate of pay:
SB45,881,651. All laborers, workers, mechanics, and truck drivers employed on the site of
6a project of public works that is subject to this section.
SB45,881,1272. All laborers, workers, mechanics, and truck drivers employed in the
8manufacturing or furnishing of materials, articles, supplies, or equipment on the
9site of a project of public works that is subject to this section or from a facility
10dedicated exclusively, or nearly so, to a project of public works that is subject to this
11section by a contractor, subcontractor, agent, or other person performing any work
12on the site of the project.
SB45,881,2013(b) A laborer, worker, mechanic, or truck driver who is employed to process,
14manufacture, pick up, or deliver materials or products from a commercial
15establishment that has a fixed place of business from which the establishment
16supplies processed or manufactured materials or products or from a facility that is
17not dedicated exclusively, or nearly so, to a project of public works that is subject to
18this section is not entitled to receive the prevailing wage rate determined under
19sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
20worked in excess of the prevailing hours of labor unless any of the following applies:
SB45,882,2211. The laborer, worker, mechanic, or truck driver is employed to go to the
22source of mineral aggregate such as sand, gravel, or stone and deliver that mineral
23aggregate to the site of a project of public works that is subject to this section by

1depositing the material directly in final place, from the transporting vehicle or
2through spreaders from the transporting vehicle.
SB45,882,632. The laborer, worker, mechanic, or truck driver is employed to go to the site
4of a project that is subject to this section, pick up excavated material or spoil from
5the site of the project of public works, and transport that excavated material or spoil
6away from the site of the project.
SB45,882,97(c) A person that is subject to this section shall pay a truck driver who is an
8owner-operator of a truck separately for his or her work and for the use of his or her
9truck.
SB45,883,210(3) Investigation; determination. (a) Before a state agency issues a
11request for bids for any work to which this section applies, the state agency having
12the authority to prescribe the specifications shall apply to the department to
13determine the prevailing wage rate for each trade or occupation required in the
14work under contemplation in the area in which the work is to be done. The
15department shall conduct investigations and hold public hearings as necessary to
16define the trades or occupations that are commonly employed on projects that are
17subject to this section and to inform itself of the prevailing wage rates in all areas of
18the state for those trades or occupations, in order to determine the prevailing wage
19rate for each trade or occupation. The department shall issue its determination
20within 30 days after receiving the request and shall file the determination with the
21requesting state agency. A state agency that has contracted for a project of public
22works subject to this section shall post the prevailing wage rates determined by the
23department, the prevailing hours of labor, and the provisions of subs. (2) and (6m)

1in at least one conspicuous place on the site of the project that is easily accessible by
2employees working on the project.
SB45,883,93(am) The department shall, by January 1 of each year, compile the prevailing
4wage rates for each trade or occupation in each area. The compilation shall, in
5addition to the current prevailing wage rates, include future prevailing wage rates
6when those prevailing wage rates can be determined for any trade or occupation in
7any area and shall specify the effective date of those future prevailing wage rates.
8If a project of public works extends into more than one area, the department shall
9determine only one standard of prevailing wage rates for the entire project.
SB45,883,1810(ar) In determining prevailing wage rates under par. (a) or (am), the
11department may not use data from projects that are subject to this section, s.
1266.0903, 103.50, or 229.8275, or 40 USC 3142 unless the department determines
13that there is insufficient wage data in the area to determine those prevailing wage
14rates, in which case the department may use data from projects that are subject to
15this section, s. 66.0903, 103.50, or 229.8275, or 40 USC 3142. In determining
16prevailing wage rates under par. (a) or (am), the department may not use data from
17any construction work performed by a state agency or a local governmental unit, as
18defined in s. 66.0903 (1) (d).
SB45,884,419(b) 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
23the prevailing wage rate for that trade or occupation in the area. The evidence shall

1include wage rate information reflecting work performed by individuals working in
2the contested trade or occupation in the area during the current survey period. The
3department shall affirm or modify the initial determination within 15 days after
4the date on which the department receives the request for recalculation.
SB45,884,185(c) In addition to the recalculation under par. (b), the state agency that
6requested the determination under this subsection may request a review of any
7portion of a determination within 30 days after the date of issuance of the
8determination if the state agency submits evidence with the request showing that
9the prevailing wage rate for any given trade or occupation included in the
10determination does not represent the prevailing wage rate for that trade or
11occupation in the city, village, or town in which the proposed project of public works
12is located. That evidence shall include wage rate information for the contested
13trade or occupation on at least 3 similar projects located in the city, village, or town
14where the proposed project of public works is located on which some work has been
15performed during the current survey period and that were considered by the
16department in issuing its most recent compilation under par. (am). The
17department shall affirm or modify the determination within 15 days after the date
18on which the department receives the request for review.
SB45,884,1919(3g) Nonapplicability. This section does not apply to any of the following:
SB45,884,2220(a) A single-trade project of public works for which the estimated project cost
21of completion is less than $48,000 or a multiple-trade project of public works for
22which the estimated project cost of completion is less than $100,000.
SB45,885,323(b) Work performed on a project of public works for which the state or the state

1agency contracting for the project is not required to compensate any contractor,
2subcontractor, contractors or subcontractors agent, or individual for performing
3the work.
SB45,885,54(c) Minor service or maintenance work, warranty work, or work under a
5supply and installation contract.
SB45,885,66(f) A public highway, street, or bridge project.