Senate Bill 540
Prevailing wage, granting rule-making authority, and providing a penalty. (FE)
Stopped in committee
It never got a , so it never came up for a vote. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Oct 16, 2023
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Committee, stopped here
Stopped here. No public hearing was held.
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Senate vote, not reached
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Assembly vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 15, 2024: “Failed to pass pursuant to ”
It never got a hearing in the Senate Committee on Labor, Regulatory Reform, Veterans and Military Affairs. See every bill that never got a hearing this session.
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Prevailing wage This bill requires that laborers, workers, mechanics, and truck drivers employed on the site of certain projects of public works be paid the prevailing wage and not be required or allowed to work a greater number of hours per day and per week than the prevailing hours of labor unless they are paid overtime for all hours worked in excess of the prevailing hours of labor. Projects subject to the bill include state and local projects of public works, including state highway projects, with exceptions including projects below certain cost thresholds, minor service or maintenance work, and certain residential projects. Under the bill, “prevailing wage rate” is defined as the hourly basic rate of pay, plus the hourly contribution for bona fide economic benefits, paid for a majority of the hours worked in a trade or occupation in the area in which the project is located, except that, if there is no rate at which a majority of those hours is paid, “prevailing wage rate” means the average hourly basic rate of pay, plus the average hourly contribution for bona fide economic benefits, paid for the highest-paid 51 percent of hours worked in a trade or occupation in the area. “Prevailing hours of labor" is defined as 10 hours per day and 40 hours per week, excluding weekends and holidays. The bill requires the Department of Workforce Development to conduct investigations and hold public hearings as necessary to define the trades or occupations that are commonly employed on projects that are subject to the prevailing wage law and to inform itself of the prevailing wage rates in all areas of the state for those trades or occupations, in order to determine the prevailing wage rate for each trade or occupation. The bill contains certain other provisions regarding the calculation of prevailing wage rates by DWD, including provisions allowing persons to request recalculations or reviews of the prevailing wage rates determined by DWD.
The bill requires contracts and notices for bids for projects subject to the bill to include and incorporate provisions ensuring compliance with the requirements. The bill also establishes a requirement that state agencies and local governments post prevailing wage rates and hours of labor in areas readily accessible to persons employed on the project or in sites regularly used for posting notices.
Read the full summary Show less
The bill makes a contractor that fails to pay the prevailing wage rate or overtime pay to an employee as required under the prevailing wage law liable to the affected employee for not only the amount of unpaid wages and overtime pay, but also for liquidated damages in an amount equal to 100 percent of the unpaid wages and overtime pay.
Finally, the bill includes, for both state and local projects of public works, provisions regarding coverage, compliance, enforcement, and penalties, including 1) requirements for affidavits to be filed by contractors affirming compliance with the prevailing wage law; 2) record retention requirements for contractors regarding wages paid to workers and provisions allowing for the inspection of those records by DWD; 3) liability and penalty provisions for certain violations, including criminal penalties; and 4) provisions prohibiting contracts from being awarded to persons who have failed to comply with the prevailing wage law.
Transportation projects Under current law, for certain highway projects for which the Department of Transportation spends federal money, federal money must make up at least 70 percent of the funding for those projects. DOT is required to notify political subdivisions receiving aid for local projects whether the aid includes federal moneys and how those moneys must be spent. For certain projects that receive no federal money, DOT may not require political subdivisions to comply with any portion of DOT's facilities development manual other than design standards. Any local project funded with state funds under the surface transportation program or the local bridge program must be let through competitive bidding and by contract to the lowest responsible bidder. The bill repeals all of these requirements.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
Who's behind it
11 senators are its . All 11 are Democrats.
30 more lawmakers .
See all 41 names Hide the names
Authors (11)
- Melissa Agard · Democrat, Senate
- Tim Carpenter · Democrat, Senate
- Dianne Hesselbein · Democrat, Senate
- LaTonya Johnson · Democrat, Senate
- Chris Larson · Democrat, Senate
- Brad Pfaff · Democrat, Senate
- Kelda Roys · Democrat, Senate
- Jeff Smith · Democrat, Senate
- Mark Spreitzer · Democrat, Senate
- Lena Taylor · Democrat, Senate
- Bob Wirch · Democrat, Senate
Signed on in support (30)
- Mike Bare · Democrat, Assembly
- Jill Billings · Democrat, Assembly
- Clint Anderson · Democrat, Assembly
- Marisabel Cabrera · Democrat, Assembly
- Ryan Clancy · Democrat, Assembly
- Sue Conley · Democrat, Assembly
- Dave Considine · Democrat, Assembly
- Steve Doyle · Democrat, Assembly
- Dora Drake · Democrat, Senate
- Jodi Emerson · Democrat, Assembly
- Evan Goyke · Democrat, Assembly
- Kalan Haywood · Democrat, Assembly
- Francesca Hong · Democrat, Assembly
- Jimmy Anderson · Democrat, Assembly
- Jenna Jacobson · Democrat, Assembly
- Alex Joers · Democrat, Assembly
- Darrin Madison · Democrat, Assembly
- Supreme Moore Omokunde · Democrat, Assembly
- Greta Neubauer · Democrat, Assembly
- Tod Ohnstad · Democrat, Assembly
- Sylvia Ortiz-Velez · Democrat, Assembly
- Lori Palmeri · Democrat, Assembly
- Melissa Ratcliff · Democrat, Senate
- Katrina Shankland · Democrat, Assembly
- Kristina Shelton · Democrat, Assembly
- Christine Sinicki · Democrat, Assembly
- Lee Snodgrass · Democrat, Assembly
- Shelia Stubbs · Democrat, Assembly
- Lisa Subeck · Democrat, Assembly
- Robyn Vining · Democrat, Assembly
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
What happened
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Apr 15, 2024
The session ended, and the bill died with it.
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Jan 12, 2024
A state agency sent in its estimate of the cost.
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Jan 2, 2024
A state agency sent in its estimate of the cost.
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Nov 10, 2023
1 more representative signed on in support.
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Oct 16, 2023
Sent to the Senate Committee on Labor, Regulatory Reform, Veterans and Military Affairs.
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Oct 16, 2023
Introduced in the Senate.
See the official record, word for word Hide the official record
- Oct 16, 2023 · Senate
Introduced by Senators Carpenter, L. Johnson, Agard, Hesselbein, Larson, Pfaff, Roys, Smith, Spreitzer, Taylor and Wirch; cosponsored by Representatives Shankland, Sinicki, Ohnstad, C. Anderson, J. Anderson, Bare, Cabrera, Clancy, Conley, Considine, Doyle, Drake, Emerson, Goyke, Haywood, Hong, Jacobson, Joers, Madison, Moore Omokunde, Neubauer, Ortiz-Velez, Palmeri, Ratcliff, Shelton, Snodgrass, Stubbs, Subeck and Vining
- Oct 16, 2023 · Senate
Read first time and referred to Committee on Labor, Regulatory Reform, Veterans and Military Affairs
- Nov 10, 2023 · Senate
Representative Billings added as a cosponsor
- Jan 2, 2024 · Senate
Fiscal estimate received
- Jan 12, 2024 · Senate
Fiscal estimate received
- Apr 15, 2024 · Senate
Failed to pass pursuant to Senate Joint Resolution 1
Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1. More in the glossary
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
Senate Joint Resolution 1
The session's calendar. Any bill not passed by its last voting day dies.
Official term: Failed to pass pursuant to SJR 1
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Cost estimate
A state agency's estimate of what a bill would cost or save.
Official term: Fiscal estimate