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. 66.0903 (1) (g) of the statutes is repealed and recreated to read: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.
AB68-SSA1,620,1913
(ar) The department shall, by January 1 of each year, compile the prevailing
14wage rates for each trade or occupation in each area. The compilation shall, in
15addition to the current prevailing wage rates, include future prevailing wage rates
16when those prevailing wage rates can be determined for any trade or occupation in
17any area and shall specify the effective date of those future prevailing wage rates.
18If a project of public works extends into more than one area, the department shall
19determine only one standard of prevailing wage rates for the entire project.
AB68-SSA1,621,220
(av) In determining prevailing wage rates under par. (am) or (ar), the
21department may not use data from projects that are subject to this section, s. 103.49
22or 103.50, or
40 USC 3142 unless the department determines that there is
23insufficient wage data in the area to determine those prevailing wage rates, in which
24case the department may use data from projects that are subject to this section, s.
25103.49 or 103.50, or
40 USC 3142. In determining prevailing wage rates under par.
1(am) or (ar), the department may not use data from any construction work that is
2performed by a local governmental unit or a state agency.
AB68-SSA1,621,113
(bm) Any person may request a recalculation of any portion of an initial
4determination within 30 days after the initial determination date if the person
5submits evidence with the request showing that the prevailing wage rate for any
6given trade or occupation included in the initial determination does not represent the
7prevailing wage rate for that trade or occupation in the area. The evidence shall
8include wage rate information reflecting work performed by individuals working in
9the contested trade or occupation in the area during the current survey period. The
10department shall affirm or modify the initial determination within 15 days after the
11date on which the department receives the request for recalculation.
AB68-SSA1,621,2512
(br) In addition to the recalculation under par. (bm), the local governmental
13unit that requested the determination under this subsection may request a review
14of any portion of a determination within 30 days after the date of issuance of the
15determination if the local governmental unit submits evidence with the request
16showing that the prevailing wage rate for any given trade or occupation included in
17the determination does not represent the prevailing wage rate for that trade or
18occupation in the city, village, or town in which the proposed project of public works
19is located. That evidence shall include wage rate information for the contested trade
20or occupation on at least 3 similar projects located in the city, village, or town where
21the proposed project of public works is located and on which some work has been
22performed during the current survey period and which were considered by the
23department in issuing its most recent compilation under par. (ar). The department
24shall affirm or modify the determination within 15 days after the date on which the
25department receives the request for review.
AB68-SSA1,622,13
1(dm) A local governmental unit that is subject to this section shall include a
2reference to the prevailing wage rates determined by the department and to the
3prevailing hours of labor in the notice published for the purpose of securing bids for
4the project of public works. Except as otherwise provided in this paragraph, if any
5contract or subcontract for a project of public works is entered into, the prevailing
6wage rates determined by the department and the prevailing hours of labor shall be
7physically incorporated into and made a part of the contract or subcontract. For a
8minor subcontract, as determined by the department, the department shall
9prescribe by rule the method of notifying the minor subcontractor of the prevailing
10wage rates and prevailing hours of labor applicable to the minor subcontract. The
11prevailing wage rates and prevailing hours of labor applicable to a contract or
12subcontract may not be changed during the time that the contract or subcontract is
13in force.
AB68-SSA1,622,1514
(e) No contractor, subcontractor, or contractor or subcontractor's agent that is
15subject to this section may do any of the following:
AB68-SSA1,622,1816
1. Pay an individual performing the work described in sub. (4) less than the
17prevailing wage rate in the same or most similar trade or occupation determined
18under this subsection.
AB68-SSA1,622,2319
2. Allow an individual performing the work described in sub. (4) to work a
20greater number of hours per day or per week than the prevailing hours of labor,
21unless the contractor, subcontractor, or contractor or subcontractor's agent pays the
22individual for all hours worked in excess of the prevailing hours of labor at a rate of
23at least 1.5 times the individual's hourly basic rate of pay.
AB68-SSA1,623,4
24(4) Covered employees. (a) Subject to par. (b), any person subject to this
25section 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 the
3employee for all hours worked in excess of the prevailing hours of labor at a rate of
4at least 1.5 times the employee's hourly basic rate of pay:
AB68-SSA1,623,65
1. All laborers, workers, mechanics, and truck drivers employed on the site of
6a project of public works that is subject to this section.