16.856(3g)
(3g) Nonapplicability. This section does not apply to any of the following:
16.856(3g)(a)
(a) A single-trade project of public works for which the estimated project cost of completion is less than $48,000 or a multiple-trade project of public works for which the estimated project cost of completion is less than $100,000.
16.856(3g)(b)
(b) Work performed on a project of public works for which the state or the state agency contracting for the project is not required to compensate any contractor, subcontractor, contractor's or subcontractor's agent, or individual for performing the work.
16.856(3g)(c)
(c) Minor service or maintenance work, warranty work, or work under a supply and installation contract.
16.856(3g)(g)
(g) A project of public works involving the erection, construction, repair, remodeling, or demolition of a residential property containing 2 dwelling units or less.
16.856(3g)(h)
(h) A road, street, bridge, sanitary sewer, or water main project that is a part of a development in which not less than 90 percent of the lots contain or will contain 2 dwelling units or less, as determined by the local governmental unit at the time of approval of the development, and that, on completion, is acquired by, or dedicated to, the state for ownership or maintenance by the state.
16.856(5)
(5) Disclosure. If a person who is not an employee of the department or the contracting state agency or who is not an employee of the department of workforce development conducting an investigation under
s. 109.09 contacts an employee performing the work described in
sub. (2m) for the purpose of investigating compliance with this section, the person shall provide a written statement to the employee stating that the person is not affiliated with the department, the contracting state agency, or the department of workforce development and disclosing the principal source of funding for the investigation.
16.856(6m)(ag)1.1. Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his or her unpaid wages or his or her unpaid overtime compensation as provided in
subd. 2. or
3., whichever is applicable.
16.856(6m)(ag)2.
2. If the department determines that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the department shall order the contractor to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation within a period specified by the department in the order.
16.856(6m)(ag)3.
3. In addition to or in lieu of recovering the liability specified in
subd. 1. as provided in
subd. 2., any employee for and in behalf of that employee and other employees similarly situated may commence an action to recover that liability in any court of competent jurisdiction. If the court finds that a contractor, subcontractor, or contractor's or subcontractor's agent has failed to pay the prevailing wage rate or has paid less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor, the court shall order the contractor, subcontractor, or agent to pay to any affected employee the amount of his or her unpaid wages or his or her unpaid overtime compensation.
16.856(6m)(ag)5.
5. No employee may be a party plaintiff to an action under
subd. 3. unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding
s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.
16.856(6m)(am)
(am) Except as provided in
pars. (b) and
(d), any contractor, subcontractor or contractor's or subcontractor's agent who violates this section may be fined not more than $200 or imprisoned for not more than 6 months or both. Each day that a violation continues is a separate offense.
16.856(6m)(b)
(b) Whoever induces any person who seeks to be or is employed on any project of public works that is subject to this section to give up, waive, or return any part of the wages to which the person is entitled under the contract governing the project, or who reduces the hourly basic rate of pay normally paid to a person for work on a project that is not subject to this section during a week in which the person works both on a project of public works that is subject to this section and on a project that is not subject to this section, by threat not to employ, by threat of dismissal from employment, or by any other means is guilty of an offense under
s. 946.15 (1).
16.856(6m)(c)
(c) Any person employed on a project of public works that is subject to this section who knowingly permits a contractor, subcontractor, or contractor's or subcontractor's agent to pay him or her less than the prevailing wage rate set forth in the contract governing the project, who gives up, waives, or returns any part of the compensation to which he or she is entitled under the contract, or who gives up, waives, or returns any part of the compensation to which he or she is normally entitled for work on a project that is not subject to this section during a week in which the person works both on a project of public works that is subject to this section and on a project that is not subject to this section, is guilty of an offense under
s. 946.15 (2).
16.856(6m)(d)
(d) Whoever induces any person who seeks to be or is employed on any project of public works that is subject to this section to permit any part of the wages to which the person is entitled under the contract governing the project to be deducted from the person's pay is guilty of an offense under
s. 946.15 (3), unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to
40 USC 3142.
16.856(6m)(e)
(e) Any person employed on a project of public works that is subject to this section who knowingly permits any part of the wages to which he or she is entitled under the contract governing the project to be deducted from his or her pay is guilty of an offense under
s. 946.15 (4), unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to
40 USC 3142.
16.856(7)(a)(a) The department shall promulgate any rules that the department determines are necessary to implement and ensure compliance with this section.
16.856(7)(b)
(b) If requested by any person performing the work described in
sub. (2m), the department shall inspect the payroll records of any contractor, subcontractor, or agent performing work on a project of public works that is subject to this section to ensure compliance with this section.
16.856(7)(c)
(c) Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding under this section.
16.856 History
History: 1983 a. 27;
1985 a. 159;
1985 a. 332 ss.
141,
142,
253;
1987 a. 403 s.
256;
1989 a. 228;
1993 a. 112;
1995 a. 27,
215,
225;
1997 a. 35;
1999 a. 70;
1999 a. 150 ss.
628,
672;
1999 a. 167;
2001 a. 16,
30;
2005 a. 335;
2009 a. 28,
276;
2011 a. 32,
259;
2015 a. 55 ss.
380n,
3077bg,
3077c,
3077cp,
3077dp to
3077f; Stats. 2015 s. 16.856.
16.856 Note
NOTE: For annotations relating to the prevailing wage law as it existed prior to
2015 Wis. Act 55, see s. 66.0903.
16.858
16.858
Energy conservation audits and construction projects. 16.858(1)(1) The department may contract with a qualified contractor for an energy conservation audit to be performed at any state-owned building, structure or facility. Under the contract, the contractor shall prepare a report containing a description of the physical modifications to be performed to the building, structure or facility that are required to effect specific future energy savings within a specified period and a determination of the minimum savings in energy usage that will be realized by the state from making these modifications within that period. After review of the audit report and subject to approval under
s. 13.48 (10), where required, the department may contract with the contractor for construction work to be performed at the building, structure or facility for the purpose of realizing potential savings of future energy costs identified in the audit if, in the judgment of the department, the anticipated savings to the state after completion of the work will enable recovery of the costs of the work within a reasonable period of time.
16.858(2)(a)(a) A contract under
sub. (1) may provide for the construction work to be financed by the state or by the contractor. The contract shall provide for the state to pay a stated amount, which shall include any financing costs incurred by the contractor. The stated amount may not exceed the minimum savings determined under the audit to be realized by the state within the period specified in the audit. The state shall make payments under the contract as the savings identified in the audit are realized by the state, in the amounts actually realized, but not to exceed the lesser of the stated amount or the actual amount of the savings realized by the state within the period specified in the audit. If the department provides financing for construction work, the department may finance any portion of the cost of the work under a master lease entered into as provided under
s. 16.76 (4). If the department provides financing for the construction work and the stated amount to be paid by the state under the contract is greater than the amount of the savings realized by the state within the period specified in the audit under
sub. (1), the contract shall require the contractor to remit the difference to the department.
16.858(2)(b)
(b) The department shall charge the cost of payments made by the state to the contractor to the applicable appropriation for fuel and utility costs at the building, structure or facility where the work is performed in the amounts equivalent to the savings that accrue to the state under that appropriation from expenditures not made as a result of the construction work, as determined by the department in accordance with the contract. The department may also charge its costs for negotiation, administration and financing of the contract to the same appropriation.
16.858(3)
(3) Any contract under
sub. (1) shall include a provision stating in substance that payments under the contract are contingent upon available appropriations.
16.858(4)
(4) No later than January 1 of each year, the secretary shall report to the cochairpersons of the joint committee on finance identifying any construction work for which the department has contracted under this section for which final payment has not been made as of the date of the preceding report, together with the actual energy cost savings realized by the state as a result of the contract to date, or the estimated energy cost savings to be realized by the state if the total savings to be realized in the audit under
sub. (1) have not yet been realized, the date on which the state made its final payment under the contract or, if the final payment has not been made, the latest date on which the state is obligated to make its final payment under the contract, and any amount that remains payable to the state under the contract.
16.858 History
History: 1997 a. 27;
1999 a. 9.
16.865
16.865
Department of administration; statewide risk management coordination. The department shall:
16.865(1)
(1) Be responsible for statewide risk management coordination in order to:
16.865(1)(a)
(a) Protect the state from losses which are catastrophic in nature and minimize total cost to the state of all activities related to the control of accidental loss.
16.865(1)(b)
(b) Place emphasis on the reduction of loss through professional attention to scientific loss control techniques and by motivational incentives, prompt claims payments and other loss prevention measures.
16.865(2)
(2) Identify and evaluate exposure to loss to the state, its employees or injury to the public by reason of fire or other accidents and fortuitous events at state-owned properties or facilities.
16.865(3)
(3) Recommend changes in procedures, program conditions or capital improvement for all agencies which would satisfactorily eliminate or reduce the existing exposure.
16.865(4)
(4) Manage the state employees' worker's compensation program and the statewide self-funded programs to protect the state from losses of and damage to state property and liability and, if retained by the department of workforce development under
s. 102.65 (3), process, investigate, and pay claims under
ss. 102.44 (1),
102.49,
102.59, and
102.66 as provided in
s. 102.65 (3).
16.865(5)
(5) Arrange appropriate insurance contracts for the transfer of risk of loss on the part of the state or its employees, to the extent such loss cannot reasonably be assumed by the individual agencies or the self-funded programs. The placement of insurance may be by private negotiation rather than competitive bid, if such insurance has a restricted number of interested carriers. The department shall approve all insurance purchases.
16.865(6)
(6) Train, upgrade and guide appropriate personnel in the agencies in implementation of sound risk management practices.
16.865(7)
(7) Have the authority to contract for investigative and adjustment services as provided in
s. 20.865 (1) (fm) which can be performed more economically or efficiently by such contract.
16.865(8)
(8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under
s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under
s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under
sub. (5). In this subsection, “agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in
subch. II of ch. 114 or in
ch. 231,
232,
233,
234,
237,
238, or
279.
16.865(9)
(9) Notwithstanding
s. 20.001 (3) (c), if the department makes any payment from the appropriation under
s. 20.505 (2) (a), lapse to the general fund from the appropriation account under
s. 20.505 (2) (k) an amount equal to the payment. The department shall effect the lapse required under this subsection in accordance with a schedule determined by the department, but the total amount of each lapse shall be effected no later than 6 years after the date of the payment to which it relates.
16.87
16.87
Approval of contracts by secretary and governor; audit. 16.87(1)(a)
(a) “Construction work" includes all labor and materials used in the framing or assembling of component parts in the erection, installation, enlargement, alteration, repair, moving, conversion, razing, demolition or removal of any appliance, device, equipment, building, structure or facility.
16.87(1)(am)
(am) “Disabled veteran-owned business" means a business certified by the department of administration under
s. 16.283 (3).
16.87(1)(b)
(b) “Environmental consultant services" includes services provided by environmental scientists, engineers and other experts.
16.87(2)(a)(a) A contract for engineering services or architectural services or a contract involving an expenditure of $10,000 or more for construction work, or $30,000 or more for limited trades work, to be done for or furnished to the state or a department, board, commission, or officer of the state is exempt from the requirements of
ss. 16.705 and
16.75.
16.87(2)(b)
(b) The department shall attempt to ensure that 5 percent of the total amount expended under this section in each fiscal year is paid to minority businesses, as defined in
s. 16.75 (3m) (a) 4.
16.87(2)(c)
(c) The department shall attempt to ensure that at least 1 percent of the total amount expended under this section in each fiscal year is paid to disabled veteran-owned businesses.
16.87(3)
(3) Except as provided in
sub. (4), a contract under
sub. (2) is not valid or effectual for any purpose until it is endorsed in writing and approved by the secretary or the secretary's designated assistant and, if the contract involves an expenditure over $60,000, approved by the governor. The governor may delegate the authority to approve any contract requiring his or her approval under this subsection that involves an expenditure of less than $150,000 to the secretary or the secretary's designee. Except as provided in
sub. (4), no payment or compensation for work done under any contract involving $2,500 or more, except a highway contract, may be made unless the written claim is audited and approved by the secretary or the secretary's designee. Any change order to a contract requiring approval under this subsection requires the prior approval by the secretary or the secretary's designated assistant and, if the change order involves an expenditure over $60,000, the approval of the governor or, if the governor delegates his or her authority to approve contracts under this subsection and the change order involves an expenditure of less than $150,000, the approval of the secretary or the secretary's designee.
16.87(4)
(4) This section does not apply to contracts by the department of natural resources for environmental consultant services or engineering services for hazardous substance spill response under
s. 292.11 or environmental repair under
s. 292.31, or for environmental consultant services to assist in the preparation of an environmental impact statement or to provide preapplication services under
s. 23.40.
16.875
16.875
Setoffs. All amounts owed by this state under this subchapter are subject to being set off under
s. 73.12.
16.875 History
History: 1985 a. 29.
16.88
16.88
Charges against projects. The cost of services furnished pursuant to
s. 16.85 (2) to
(4),
(6) and
(7) shall be charged to and paid out of available funds for the respective projects, whenever in the judgment of the secretary the charges are warranted and the cost of the services can be ascertained with reasonable accuracy.
16.89
16.89
Construction and services controlled by this chapter. No department, independent agency, constitutional office or agent of the state shall employ engineering, architectural or allied services or expend money for construction purposes on behalf of the state, except as provided in this chapter and except that the Board of Regents of the University of Wisconsin System may engage such services for any project specified in
s. 13.48 (10) (c).
16.891
16.891
Reports on cost of occupancy of state facilities. 16.891(1)(b)
(b) “Total cost of occupancy" means the cost to operate and maintain the physical plant of a building, structure, or facility, including administrative costs of an agency attributable to operation and maintenance of a building, structure, or facility, together with any debt service costs associated with the building, structure, or facility, computed in the manner prescribed by the department.
16.891(2)
(2) Except as provided in
sub. (4), each agency shall report to the department no later than October 1 of each year concerning the total cost of occupancy of each state-owned building, structure, and facility, excluding public highways and bridges, under the jurisdiction of the agency for the preceding fiscal year. The report shall be made in a format prescribed by the department. Beginning in 2009, if a building, structure, or facility is a part of an institution, the agency having jurisdiction of the institution shall also include in its report the total cost of occupancy of all of the buildings, structures, and facilities within the institution.
16.891(3)
(3) No later than December 1 of each year, the department shall compile the information received under
sub. (2) and transmit a consolidated report to the building commission on the total cost of occupancy of all buildings, structures, and facilities included in the reports filed under
sub. (2), itemized for each building, structure, and facility. The report shall include, for each building, structure, or facility, the recommendations of the department concerning the desired total cost of occupancy for that building, structure, or facility.
16.891(4)
(4) The department may exempt an agency from compliance with the reporting requirement under
sub. (2) with respect to any building, structure, or facility that the department determines to have a minimal total cost of occupancy.
16.891 History
History: 2005 a. 25.
16.895
16.895
State-owned or operated heating, cooling or power plants. 16.895(2)(a)
(a) Prepare all specifications, bid and administer contracts for the purchase of fuels for all state-owned or operated heating, cooling or power plants.
16.895(2)(b)
(b) Coordinate the state fuel and utility management program to maximize the economy of operations of the program.
16.895(2)(c)
(c) Determine the method of operation of state-owned or operated heating, cooling or power plants, including maintenance standards and policies concerning utilization of alternative fuels and energy conservation.
16.895(2)(d)
(d) Assure compliance with federal and state laws, federal regulations and state administrative rules applicable to state-owned or operated heating, cooling or power plants.
16.895(2)(e)
(e) Delegate to any agency the department's authority under
par. (c) or
(d) and approve all expenditures of the agency under
par. (c) or
(d).
16.895(2)(f)
(f) Review and approve rates charged by any agency for the sale of fuel, water, sewage treatment service, electricity, heat or chilled water under
s. 16.93, and the rates at which any agency charges its appropriations for fuel, water, sewage treatment service, electricity, heat or chilled water that the agency provides to itself.
16.895(2)(g)
(g) Provide for emissions testing, waste product disposal and fuel quality testing at state-owned or operated heating, cooling or power plants, and secure permits that are required for operation of the plants.
16.895(2)(h)
(h) Periodically assess to agencies their proportionate cost of the expenses incurred by the department under this subsection and
ss. 16.85 (4),
16.90,
16.91 and
16.92 in accordance with a method of apportionment determined by the department.
16.895 History
History: 1989 a. 31 ss.
135,
140.
16.897
16.897
Space and water heating systems. In planning and designing space or water heating systems for new or existing state facilities, the department shall ensure that geothermal technologies are utilized to the greatest extent that is cost-effective and technically feasible.
16.897 History
History: 2005 a. 141.
16.90
16.90
Fuel for state heating, cooling or power plants.
