AB68-ASA2-AA6,24,223 (d) A road, street, bridge, sanitary sewer, or water main project in which the
24completed road, street, bridge, sanitary sewer, or water main is acquired by, or

1dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership
2or maintenance by the local governmental unit.
AB68-ASA2-AA6,24,14 3(3) Prevailing wage rates and hours of labor. (am) A local governmental unit,
4before making a contract by direct negotiation or soliciting bids on a contract for the
5erection, construction, remodeling, repairing, or demolition of any project of public
6works, shall apply to the department to determine the prevailing wage rate for each
7trade or occupation required in the work contemplated. The department shall
8conduct investigations and hold public hearings as necessary to define the trades or
9occupations that are commonly employed on projects of public works that are subject
10to this section and to inform itself of the prevailing wage rates in all areas of the state
11for those trades or occupations, in order to determine the prevailing wage rate for
12each trade or occupation. The department shall issue its determination within 30
13days after receiving the request and shall file the determination with the requesting
14local governmental unit.
AB68-ASA2-AA6,24,2115 (ar) The department shall, by January 1 of each year, compile the prevailing
16wage rates for each trade or occupation in each area. The compilation shall, in
17addition to the current prevailing wage rates, include future prevailing wage rates
18when those prevailing wage rates can be determined for any trade or occupation in
19any area and shall specify the effective date of those future prevailing wage rates.
20If a project of public works extends into more than one area, the department shall
21determine only one standard of prevailing wage rates for the entire project.
AB68-ASA2-AA6,25,422 (av) In determining prevailing wage rates under par. (am) or (ar), the
23department may not use data from projects that are subject to this section, s. 103.49
24or 103.50, or 40 USC 3142 unless the department determines that there is
25insufficient wage data in the area to determine those prevailing wage rates, in which

1case the department may use data from projects that are subject to this section, s.
2103.49 or 103.50, or 40 USC 3142. In determining prevailing wage rates under par.
3(am) or (ar), the department may not use data from any construction work that is
4performed by a local governmental unit or a state agency.
AB68-ASA2-AA6,25,135 (bm) Any person may request a recalculation of any portion of an initial
6determination within 30 days after the initial determination date if the person
7submits evidence with the request showing that the prevailing wage rate for any
8given trade or occupation included in the initial determination does not represent the
9prevailing wage rate for that trade or occupation in the area. The evidence shall
10include wage rate information reflecting work performed by individuals working in
11the contested trade or occupation in the area during the current survey period. The
12department shall affirm or modify the initial determination within 15 days after the
13date on which the department receives the request for recalculation.
AB68-ASA2-AA6,26,214 (br) In addition to the recalculation under par. (bm), the local governmental
15unit that requested the determination under this subsection may request a review
16of any portion of a determination within 30 days after the date of issuance of the
17determination if the local governmental unit submits evidence with the request
18showing that the prevailing wage rate for any given trade or occupation included in
19the determination does not represent the prevailing wage rate for that trade or
20occupation in the city, village, or town in which the proposed project of public works
21is located. That evidence shall include wage rate information for the contested trade
22or occupation on at least 3 similar projects located in the city, village, or town where
23the proposed project of public works is located and on which some work has been
24performed during the current survey period and which were considered by the
25department in issuing its most recent compilation under par. (ar). The department

1shall affirm or modify the determination within 15 days after the date on which the
2department receives the request for review.
AB68-ASA2-AA6,26,153 (dm) A local governmental unit that is subject to this section shall include a
4reference to the prevailing wage rates determined by the department and to the
5prevailing hours of labor in the notice published for the purpose of securing bids for
6the project of public works. Except as otherwise provided in this paragraph, if any
7contract or subcontract for a project of public works is entered into, the prevailing
8wage rates determined by the department and the prevailing hours of labor shall be
9physically incorporated into and made a part of the contract or subcontract. For a
10minor subcontract, as determined by the department, the department shall
11prescribe by rule the method of notifying the minor subcontractor of the prevailing
12wage rates and prevailing hours of labor applicable to the minor subcontract. The
13prevailing wage rates and prevailing hours of labor applicable to a contract or
14subcontract may not be changed during the time that the contract or subcontract is
15in force.
AB68-ASA2-AA6,26,1716 (e) No contractor, subcontractor, or contractor or subcontractor's agent that is
17subject to this section may do any of the following:
AB68-ASA2-AA6,26,2018 1. Pay an individual performing the work described in sub. (4) less than the
19prevailing wage rate in the same or most similar trade or occupation determined
20under this subsection.
AB68-ASA2-AA6,26,2521 2. Allow an individual performing the work described in sub. (4) to work a
22greater number of hours per day or per week than the prevailing hours of labor,
23unless the contractor, subcontractor, or contractor or subcontractor's agent pays the
24individual for all hours worked in excess of the prevailing hours of labor at a rate of
25at least 1.5 times the individual's hourly basic rate of pay.
AB68-ASA2-AA6,27,6
1(4) Covered employees. (a) Subject to par. (b), any person subject to this
2section shall pay all of the following employees the prevailing wage rate determined
3under sub. (3) and may not allow such employees to work a greater number of hours
4per day or per week than the prevailing hours of labor, unless the person pays the
5employee for all hours worked in excess of the prevailing hours of labor at a rate of
6at least 1.5 times the employee's hourly basic rate of pay:
AB68-ASA2-AA6,27,87 1. All laborers, workers, mechanics, and truck drivers employed on the site of
8a project of public works that is subject to this section.
AB68-ASA2-AA6,27,149 2. All laborers, workers, mechanics, and truck drivers employed in the
10manufacturing or furnishing of materials, articles, supplies, or equipment on the site
11of a project of public works that is subject to this section or from a facility dedicated
12exclusively, or nearly so, to a project of public works that is subject to this section by
13a contractor, subcontractor, agent, or other person performing any work on the site
14of the project.
AB68-ASA2-AA6,27,2215 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
16manufacture, pick up, or deliver materials or products from a commercial
17establishment that has a fixed place of business from which the establishment
18supplies processed or manufactured materials or products or from a facility that is
19not dedicated exclusively, or nearly so, to a project of public works that is subject to
20this section is not entitled to receive the prevailing wage rate determined under sub.
21(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
22worked in excess of the prevailing hours of labor unless any of the following applies:
AB68-ASA2-AA6,28,223 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
24of mineral aggregate such as sand, gravel, or stone and deliver that mineral
25aggregate 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.
AB68-ASA2-AA6,28,63 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
4of a project of public works that is subject to this section, pick up excavated material
5or spoil from the site of the project, and transport that excavated material or spoil
6away from the site of the project.
AB68-ASA2-AA6,28,97 (c) A person 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.
AB68-ASA2-AA6,28,10 10(5) Nonapplicability. This section does not apply to any of the following:
AB68-ASA2-AA6,28,1711 (a) A single-trade project of public works for which the estimated project cost
12of completion is less than $48,000, a multiple-trade project of public works for which
13the estimated project cost of completion is less than $100,000, or, in the case of a
14multiple-trade project of public works erected, constructed, repaired, remodeled, or
15demolished by a private contractor for a city or village having a population of less
16than 2,500 or for a town, a multiple-trade project of public works for which the
17estimated project cost of completion is less than $234,000.
AB68-ASA2-AA6,28,2118 (b) Work performed on a project of public works for which the local
19governmental unit contracting for the project is not required to compensate any
20contractor, subcontractor, contractor's or subcontractor's agent, or individual for
21performing the work.
AB68-ASA2-AA6,28,2322 (c) Minor service or maintenance work, warranty work, or work under a supply
23and installation contract.
AB68-ASA2-AA6,29,3
1(f) A project of public works involving the erection, construction, repair,
2remodeling, or demolition of a residential property containing 2 dwelling units or
3less.
AB68-ASA2-AA6,29,94 (g) A road, street, bridge, sanitary sewer, or water main project that is a part
5of a development in which not less than 90 percent of the lots contain or will contain
62 dwelling units or less, as determined by the local governmental unit at the time of
7approval of the development, and that, on completion, is acquired by, or dedicated to,
8a local governmental unit, including under s. 236.13 (2), for ownership or
9maintenance by the local governmental unit.
AB68-ASA2-AA6,29,15 10(8) Posting. A local governmental unit that has contracted for a project of
11public works shall post the prevailing wage rates determined by the department, the
12prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) in at least
13one conspicuous place on the site of the project that is easily accessible by employees
14working on the project, or, if there is no common site on the project, at the place
15normally used by the local governmental unit to post public notices.
AB68-ASA2-AA6,29,24 16(9) Compliance. (a) When the department finds that a local governmental unit
17has not requested a determination under sub. (3) (am) or that a local governmental
18unit, contractor, or subcontractor has not physically incorporated a determination
19into a contract or subcontract as required under this section or has not notified a
20minor subcontractor of a determination in the manner prescribed by the department
21by rule promulgated under sub. (3) (dm), the department shall notify the local
22governmental unit, contractor, or subcontractor of the noncompliance and shall file
23the determination with the local governmental unit, contractor, or subcontractor
24within 30 days after the notice.
AB68-ASA2-AA6,30,5
1(b) Upon completion of a project of public works and before receiving final
2payment for his or her work on the project, each agent or subcontractor shall furnish
3the contractor with an affidavit stating that the agent or subcontractor has complied
4fully with the requirements of this section. A contractor may not authorize final
5payment until the affidavit is filed in proper form and order.
AB68-ASA2-AA6,30,206 (c) Upon completion of a project of public works and before receiving final
7payment for his or her work on the project, each contractor shall file with the local
8governmental unit authorizing the work an affidavit stating that the contractor has
9complied fully with the requirements of this section and that the contractor has
10received an affidavit under par. (b) from each of the contractor's agents and
11subcontractors. A local governmental unit may not authorize a final payment until
12the affidavit is filed in proper form and order. If a local governmental unit authorizes
13a final payment before an affidavit is filed in proper form and order or if the
14department determines, based on the greater weight of the credible evidence, that
15any person performing the work specified in sub. (4) has been or may have been paid
16less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay
17for all hours worked in excess of the prevailing hours of labor and requests that the
18local governmental unit withhold all or part of the final payment, but the local
19governmental unit fails to do so, the local governmental unit is liable for all back
20wages payable up to the amount of the final payment.
AB68-ASA2-AA6,31,2 21(10) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
22contractor's or subcontractor's agent that performs work on a project of public works
23that is subject to this section shall keep full and accurate records clearly indicating
24the name and trade or occupation of every individual performing the work described

1in sub. (4) and an accurate record of the number of hours worked by each of those
2individuals and the actual wages paid for the hours worked.
AB68-ASA2-AA6,31,113 (b) The department or the contracting local governmental unit may demand
4and examine, and every contractor, subcontractor, and contractor's or
5subcontractor's agent shall keep, and furnish upon request by the department or
6local governmental unit, copies of payrolls and other records and information
7relating to the wages paid to individuals performing the work described in sub. (4)
8for work to which this section applies. The department may inspect records in the
9manner provided in ch. 103. Every contractor, subcontractor, or agent performing
10work on a project of public works that is subject to this section is subject to the
11requirements of ch. 103 relating to the examination of records.