AB68-SSA1,822,1412 (br) “Multiple-trade project of public works" means a project of public works
13in which no single trade accounts for 85 percent or more of the total labor cost of the
14project.
AB68-SSA1,822,1715 (c) “Prevailing hours of labor" for any trade or occupation in any area means
1610 hours per day and 40 hours per week and may not include any hours worked on
17a Saturday or Sunday or on any of the following holidays:
AB68-SSA1,822,1818 1. January 1.
AB68-SSA1,822,1919 2. The last Monday in May.
AB68-SSA1,822,2020 3. July 4.
AB68-SSA1,822,2121 4. The first Monday in September.
AB68-SSA1,822,2222 5. The 4th Thursday in November.
AB68-SSA1,822,2323 6. December 25.
AB68-SSA1,822,2424 7. The day before if January 1, July 4, or December 25 falls on a Saturday.
AB68-SSA1,822,2525 8. The day following if January 1, July 4, or December 25 falls on a Sunday.
AB68-SSA1,823,6
1(d) 1. Except as provided in subd. 2., “prevailing wage rate" for any trade or
2occupation engaged in the erection, construction, remodeling, repairing, or
3demolition of any project of public works in any area means the hourly basic rate of
4pay, plus the hourly contribution for health insurance benefits, vacation benefits,
5pension benefits, and any other bona fide economic benefit, paid directly or indirectly
6for a majority of the hours worked in the trade or occupation on projects in the area.
AB68-SSA1,823,167 2. 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 benefits,
13vacation benefits, pension benefits, and any other bona fide economic benefit, paid
14directly or indirectly for all hours worked at the hourly basic rate of pay of the
15highest-paid 51 percent of hours worked in that trade or occupation on projects in
16that area.
AB68-SSA1,823,1917 (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.
AB68-SSA1,823,2520 (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 University
24of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System
25Authority, and the Wisconsin Aerospace Authority.
AB68-SSA1,824,5
1(fm) “Supply and installation contract" means a contract under which the
2material is installed by the supplier, the material is installed by means of simple
3fasteners or connectors such as screws or nuts and bolts, and no other work is
4performed on the site of the project of public works, and the total labor cost to install
5the material does not exceed 20 percent of the total cost of the contract.
AB68-SSA1,824,66 (g) “Truck driver" includes an owner-operator of a truck.
AB68-SSA1,824,9 7(1m) Applicability. Subject to sub. (3g), this section applies to any project of
8public works erected, constructed, repaired, remodeled, or demolished for the state
9or a state agency, including all of the following:
AB68-SSA1,824,1210 (a) A project erected, constructed, repaired, remodeled, or demolished by one
11state agency for another state agency under any contract or under any statute
12specifically authorizing cooperation between state agencies.
AB68-SSA1,824,1613 (b) A project in which the completed facility is leased, purchased, lease
14purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or
15a state agency contracting for the erection, construction, repair, remodeling, or
16demolition of the facility.
AB68-SSA1,824,1917 (c) A sanitary sewer or water main project in which the completed sanitary
18sewer or water main is acquired by, or dedicated to, the state for ownership or
19maintenance by the state.
AB68-SSA1,825,16 20(2) Prevailing wage rates and hours of labor. Any contract made for the
21erection, construction, remodeling, repairing, or demolition of any project of public
22works to which the state or any state agency is a party shall contain a stipulation that
23no individual performing the work described in sub. (2m) may be allowed to work a
24greater number of hours per day or per week than the prevailing hours of labor,
25except that any such individual may be allowed or required to work more than such

1prevailing hours of labor per day and per week if he or she is paid for all hours worked
2in excess of the prevailing hours of labor at a rate of at least 1.5 times his or her hourly
3basic rate of pay; nor may he or she be paid less than the prevailing wage rate
4determined under sub. (3) in the same or most similar trade or occupation in the area
5in which the project of public works is situated. The notice published for the purpose
6of securing bids for the project must contain a reference to the prevailing wage rates
7determined under sub. (3) and the prevailing hours of labor. Except as otherwise
8provided in this subsection, if any contract or subcontract for a project of public works
9that is subject to this section is entered into, the prevailing wage rates determined
10under sub. (3) and the prevailing hours of labor shall be physically incorporated into
11and made a part of the contract or subcontract. For a minor subcontract, as
12determined by the department, the department shall prescribe by rule the method
13of notifying the minor subcontractor of the prevailing wage rates and prevailing
14hours of labor applicable to the minor subcontract. The prevailing wage rates and
15prevailing hours of labor applicable to a contract or subcontract may not be changed
16during the time that the contract or subcontract is in force.
AB68-SSA1,825,22 17(2m) Covered employees. (a) Subject to par. (b), any person subject to this
18section shall pay all of the following employees the prevailing wage rate determined
19under sub. (3) and may not allow such employees to work a greater number of hours
20per day or per week than the prevailing hours of labor, unless the person pays for all
21hours worked in excess of the prevailing hours of labor at a rate of at least 1.5 times
22the employees' hourly basic rate of pay:
AB68-SSA1,825,2423 1. All laborers, workers, mechanics, and truck drivers employed on the site of
24a project of public works that is subject to this section.
AB68-SSA1,826,6
12. All laborers, workers, mechanics, and truck drivers employed in the
2manufacturing or furnishing of materials, articles, supplies, or equipment on the site
3of a project of public works that is subject to this section or from a facility dedicated
4exclusively, or nearly so, to a project of public works that is subject to this section by
5a contractor, subcontractor, agent, or other person performing any work on the site
6of the project.
AB68-SSA1,826,147 (b) A laborer, worker, mechanic, or truck driver who is employed to process,
8manufacture, pick up, or deliver materials or products from a commercial
9establishment that has a fixed place of business from which the establishment
10supplies processed or manufactured materials or products or from a facility that is
11not dedicated exclusively, or nearly so, to a project of public works that is subject to
12this section is not entitled to receive the prevailing wage rate determined under sub.
13(3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours
14worked in excess of the prevailing hours of labor unless any of the following applies:
AB68-SSA1,826,1915 1. The laborer, worker, mechanic, or truck driver is employed to go to the source
16of mineral aggregate such as sand, gravel, or stone and deliver that mineral
17aggregate to the site of a project of public works that is subject to this section by
18depositing the material directly in final place, from the transporting vehicle or
19through spreaders from the transporting vehicle.
AB68-SSA1,826,2320 2. The laborer, worker, mechanic, or truck driver is employed to go to the site
21of a project that is subject to this section, pick up excavated material or spoil from
22the site of the project of public works, and transport that excavated material or spoil
23away from the site of the project.
AB68-SSA1,827,3
1(c) A person that is subject to this section shall pay a truck driver who is an
2owner-operator of a truck separately for his or her work and for the use of his or her
3truck.
AB68-SSA1,827,19 4(3) Investigation; determination. (a) Before a state agency issues a request
5for bids for any work to which this section applies, the state agency having the
6authority to prescribe the specifications shall apply to the department to determine
7the prevailing wage rate for each trade or occupation required in the work under
8contemplation in the area in which the work is to be done. The department shall
9conduct investigations and hold public hearings as necessary to define the trades or
10occupations that are commonly employed on projects that are subject to this section
11and to inform itself of the prevailing wage rates in all areas of the state for those
12trades or occupations, in order to determine the prevailing wage rate for each trade
13or occupation. The department shall issue its determination within 30 days after
14receiving the request and shall file the determination with the requesting state
15agency. A state agency that has contracted for a project of public works subject to this
16section shall post the prevailing wage rates determined by the department, the
17prevailing hours of labor, and the provisions of subs. (2) and (6m) in at least one
18conspicuous place on the site of the project that is easily accessible by employees
19working on the project.