AB68-SSA1,616,2313 66.0901 (6) Separation of contracts; classification of contractors. In public
14contracts for the construction, repair, remodeling or improvement of a public
15building or structure, other than highway structures and facilities, a municipality
16may bid projects based on a single or multiple division of the work. Public contracts
17shall be awarded according to the division of work selected for bidding. Except as
18provided in sub. (6m), the
The municipality may set out in any public contract
19reasonable and lawful conditions as to the hours of labor, wages, residence, character
20and classification of workers to be employed by any contractor, classify contractors
21as to their financial responsibility, competency and ability to perform work and set
22up a classified list of contractors. The municipality may reject the bid of any person,
23if the person has not been classified for the kind or amount of work in the bid.
AB68-SSA1,1197 24Section 1197. 66.0901 (6m) of the statutes is repealed.
AB68-SSA1,1198 25Section 1198. 66.0901 (6s) of the statutes is repealed.
AB68-SSA1,1199
1Section 1199. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the
2statutes are created to read:
AB68-SSA1,617,113 66.0903 (1) (a) “Area" means the county in which a proposed project of public
4works that is subject to this section is located or, if the department determines that
5there is insufficient wage data in that county, “area" means those counties that are
6contiguous to that county or, if the department determines that there is insufficient
7wage data in those counties, “area" means those counties that are contiguous to those
8counties or, if the department determines that there is insufficient wage data in those
9counties, “area" means the entire state or, if the department is requested to review
10a determination under sub. (3) (br), “area" means the city, village, or town in which
11a proposed project of public works that is subject to this section is located.
AB68-SSA1,617,1212 (am) “Bona fide economic benefit" has the meaning given in s. 103.49 (1) (am).
AB68-SSA1,617,1313 (b) “Department" means the department of workforce development.
AB68-SSA1,617,1414 (cm) “Insufficient wage data" has the meaning given in s. 103.49 (1) (bg).
AB68-SSA1,617,2215 (dr) “Minor service or maintenance work" means a project of public works that
16is limited to minor crack filling, chip or slurry sealing, or other minor pavement
17patching, not including overlays, that has a projected life span of no longer than 5
18years or that is performed for a town and is not funded under s. 86.31, regardless of
19projected life span; the depositing of gravel on an existing gravel road applied solely
20to maintain the road; road shoulder maintenance; cleaning of drainage or sewer
21ditches or structures; or any other limited, minor work on public facilities or
22equipment that is routinely performed to prevent breakdown or deterioration.
AB68-SSA1,617,2423 (em) “Multiple-trade project of public works" has the meaning given in s.
24103.49 (1) (br).
AB68-SSA1,618,2
1(hm) “Single-trade project of public works" has the meaning given in s. 103.49
2(1) (em).
AB68-SSA1,618,43 (im) “Supply and installation contract" has the meaning given in s. 103.49 (1)
4(fm).
AB68-SSA1,1200 5Section 1200 . 66.0903 (1) (c) of the statutes is amended to read:
AB68-SSA1,618,76 66.0903 (1) (c) “Hourly basic rate of pay" has the meaning given in s. 16.856
7103.49 (1) (b), 2015 stats.
AB68-SSA1,1201 8Section 1201 . 66.0903 (1) (f) of the statutes is amended to read:
AB68-SSA1,618,109 66.0903 (1) (f) “Prevailing hours of labor" has the meaning given in s. 16.856
10103.49 (1) (e), 2015 stats. (c).
AB68-SSA1,1202 11Section 1202 . 66.0903 (1) (g) of the statutes is repealed and recreated to read:
AB68-SSA1,618,1312 66.0903 (1) (g) “Prevailing wage rate" has the meaning given in s. 103.49 (1)
13(d).
AB68-SSA1,1203 14Section 1203 . 66.0903 (1) (j) of the statutes is amended to read:
AB68-SSA1,618,1615 66.0903 (1) (j) “Truck driver" includes an owner-operator of a truck has the
16meaning given in s. 103.49 (1) (g)
.
AB68-SSA1,1204 17Section 1204 . 66.0903 (1m) (b) of the statutes is amended to read:
AB68-SSA1,619,718 66.0903 (1m) (b) The legislature finds that the enactment of ordinances or
19other enactments by local governmental units requiring laborers, workers,
20mechanics, and truck drivers employed on projects of public works or on publicly
21funded private construction projects to be paid the prevailing wage rate and to be
22paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the
23prevailing hours of labor would be logically inconsistent with, would defeat the
24purpose of, and would go against the repeals spirit of this section and the repeal of
25s. 66.0904, 2009 stats., and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section

1shall be construed as an enactment of statewide concern for the purposes of
2facilitating broader participation with respect to bidding on projects of public works,
3ensuring that wages accurately reflect market conditions, providing local
4governments with the flexibility to reduce costs on capital projects, and reducing
5spending at all levels of government in this state
purpose of providing uniform
6prevailing wage rate and prevailing hours of labor requirements throughout the
7state
.
AB68-SSA1,1205 8Section 1205 . 66.0903 (2) to (12) of the statutes are created to read:
AB68-SSA1,619,119 66.0903 (2) Applicability. Subject to sub. (5), this section applies to any project
10of public works erected, constructed, repaired, remodeled, or demolished for a local
11governmental unit, including all of the following:
AB68-SSA1,619,1212 (a) A highway, street, bridge, building, or other infrastructure project.
AB68-SSA1,619,1613 (b) A project erected, constructed, repaired, remodeled, or demolished by one
14local governmental unit for another local governmental unit under a contract under
15s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically
16authorizing cooperation between local governmental units.
AB68-SSA1,619,2017 (c) A project in which the completed facility is leased, purchased, lease
18purchased, or otherwise acquired by, or dedicated to, a local governmental unit in lieu
19of the local governmental unit contracting for the erection, construction, repair,
20remodeling, or demolition of the facility.
AB68-SSA1,619,2421 (d) A road, street, bridge, sanitary sewer, or water main project in which the
22completed road, street, bridge, sanitary sewer, or water main is acquired by, or
23dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership
24or maintenance by the local governmental unit.
AB68-SSA1,620,12
1(3) Prevailing wage rates and hours of labor. (am) A local governmental unit,
2before making a contract by direct negotiation or soliciting bids on a contract for the
3erection, construction, remodeling, repairing, or demolition of any project of public
4works, shall apply to the department to determine the prevailing wage rate for each
5trade or occupation required in the work contemplated. The department shall
6conduct investigations and hold public hearings as necessary to define the trades or
7occupations that are commonly employed on projects of public works that are subject
8to this section and to inform itself of the prevailing wage rates in all areas of the state
9for those trades or occupations, in order to determine the prevailing wage rate for
10each trade or occupation. The department shall issue its determination within 30
11days after receiving the request and shall file the determination with the requesting
12local governmental unit.