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.
AB68-SSA1,623,127 2. All laborers, workers, mechanics, and truck drivers employed in the
8manufacturing or furnishing of materials, articles, supplies, or equipment on the site
9of a project of public works that is subject to this section or from a facility dedicated
10exclusively, or nearly so, to a project of public works that is subject to this section by
11a contractor, subcontractor, agent, or other person performing any work on the site
12of the project.
AB68-SSA1,623,2013 (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 sub.
19(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:
AB68-SSA1,623,2521 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
22of 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
24depositing the material directly in final place, from the transporting vehicle or
25through spreaders from the transporting vehicle.
AB68-SSA1,624,4
12. The laborer, worker, mechanic, or truck driver is employed to go to the site
2of a project of public works that is subject to this section, pick up excavated material
3or spoil from the site of the project, and transport that excavated material or spoil
4away from the site of the project.
AB68-SSA1,624,75 (c) A person subject to this section shall pay a truck driver who is an
6owner-operator of a truck separately for his or her work and for the use of his or her
7truck.
AB68-SSA1,624,8 8(5) Nonapplicability. This section does not apply to any of the following:
AB68-SSA1,624,159 (a) A single-trade project of public works for which the estimated project cost
10of completion is less than $48,000, a multiple-trade project of public works for which
11the estimated project cost of completion is less than $100,000, or, in the case of a
12multiple-trade project of public works erected, constructed, repaired, remodeled, or
13demolished by a private contractor for a city or village having a population of less
14than 2,500 or for a town, a multiple-trade project of public works for which the
15estimated project cost of completion is less than $234,000.
AB68-SSA1,624,1916 (b) Work performed on a project of public works for which the local
17governmental unit contracting for the project is not required to compensate any
18contractor, subcontractor, contractor's or subcontractor's agent, or individual for
19performing the work.
AB68-SSA1,624,2120 (c) Minor service or maintenance work, warranty work, or work under a supply
21and installation contract.
AB68-SSA1,624,2422 (f) A project of public works involving the erection, construction, repair,
23remodeling, or demolition of a residential property containing 2 dwelling units or
24less.
AB68-SSA1,625,6
1(g) A road, street, bridge, sanitary sewer, or water main project that is a part
2of a development in which not less than 90 percent of the lots contain or will contain
32 dwelling units or less, as determined by the local governmental unit at the time of
4approval of the development, and that, on completion, is acquired by, or dedicated to,
5a local governmental unit, including under s. 236.13 (2), for ownership or
6maintenance by the local governmental unit.
AB68-SSA1,625,12 7(8) Posting. A local governmental unit that has contracted for a project of
8public works shall post the prevailing wage rates determined by the department, the
9prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) in at least
10one conspicuous place on the site of the project that is easily accessible by employees
11working on the project, or, if there is no common site on the project, at the place
12normally used by the local governmental unit to post public notices.
AB68-SSA1,625,21 13(9) Compliance. (a) When the department finds that a local governmental unit
14has not requested a determination under sub. (3) (am) or that a local governmental
15unit, contractor, or subcontractor has not physically incorporated a determination
16into a contract or subcontract as required under this section or has not notified a
17minor subcontractor of a determination in the manner prescribed by the department
18by rule promulgated under sub. (3) (dm), the department shall notify the local
19governmental unit, contractor, or subcontractor of the noncompliance and shall file
20the determination with the local governmental unit, contractor, or subcontractor
21within 30 days after the notice.
AB68-SSA1,626,222 (b) Upon completion of a project of public works and before receiving final
23payment for his or her work on the project, each agent or subcontractor shall furnish
24the contractor with an affidavit stating that the agent or subcontractor has complied

1fully with the requirements of this section. A contractor may not authorize final
2payment until the affidavit is filed in proper form and order.
AB68-SSA1,626,173 (c) Upon completion of a project of public works and before receiving final
4payment for his or her work on the project, each contractor shall file with the local
5governmental unit authorizing the work an affidavit stating that the contractor has
6complied fully with the requirements of this section and that the contractor has
7received an affidavit under par. (b) from each of the contractor's agents and
8subcontractors. A local governmental unit may not authorize a final payment until
9the affidavit is filed in proper form and order. If a local governmental unit authorizes
10a final payment before an affidavit is filed in proper form and order or if the
11department determines, based on the greater weight of the credible evidence, that
12any person performing the work specified in sub. (4) has been or may have been paid
13less than the prevailing wage rate or less than 1.5 times the hourly basic rate of pay
14for all hours worked in excess of the prevailing hours of labor and requests that the
15local governmental unit withhold all or part of the final payment, but the local
16governmental unit fails to do so, the local governmental unit is liable for all back
17wages payable up to the amount of the final payment.
AB68-SSA1,626,23 18(10) Records; inspection; enforcement. (a) Each contractor, subcontractor, or
19contractor's or subcontractor's agent that performs work on a project of public works
20that is subject to this section shall keep full and accurate records clearly indicating
21the name and trade or occupation of every individual performing the work described
22in sub. (4) and an accurate record of the number of hours worked by each of those
23individuals and the actual wages paid for the hours worked.