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, contractor’s or subcontractor’s 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.