SB45,166919Section 1669. 103.36 of the statutes is repealed. SB45,167020Section 1670. 103.44 of the statutes is created to read: SB45,875,2321103.44 Compensation included in job postings. In each job posting 22seeking applicants that is made by an employer, the employer shall include the 23compensation for the position. SB45,1671
1Section 1671. 103.49 of the statutes is created to read: SB45,876,22103.49 Wage rate on state work. (1) Definitions. In this section: SB45,876,113(a) “Area” means the county in which a proposed project of public works that 4is subject to this section is located or, if the department determines that there is 5insufficient wage data in that county, “area” means those counties that are 6contiguous to that county or, if the department determines that there is insufficient 7wage data in those counties, “area” means those counties that are contiguous to 8those counties or, if the department determines that there is insufficient wage data 9in those counties, “area” means the entire state or, if the department is requested to 10review a determination under sub. (3) (c), “area” means the city, village, or town in 11which a proposed project of public works that is subject to this section is located. SB45,876,1712(am) “Bona fide economic benefit” means an economic benefit for which an 13employer makes irrevocable contributions to a trust or fund created under 29 USC 14186 (c) or to any other bona fide plan, trust, program, or fund no less often than 15quarterly or, if an employer makes annual contributions to such a bona fide plan, 16trust, program, or fund, for which the employer irrevocably escrows moneys at least 17quarterly based on the employer’s expected annual contribution. SB45,876,2118(b) “Hourly basic rate of pay” means the hourly wage paid to any employee, 19excluding any contributions or payments for health insurance benefits, vacation 20benefits, pension benefits, and any other bona fide economic benefits, whether paid 21directly or indirectly. SB45,877,222(bg) “Insufficient wage data” means less than 500 hours of work performed in
1a particular trade or occupation on projects that are similar to a proposed project of 2public works that is subject to this section. SB45,877,83(bj) “Minor service or maintenance work” means a project of public works that 4is limited to minor crack filling, chip or slurry sealing, or other minor pavement 5patching, not including overlays, that has a projected life span of no longer than 5 6years; cleaning of drainage or sewer ditches or structures; or any other limited, 7minor work on public facilities or equipment that is routinely performed to prevent 8breakdown or deterioration. SB45,877,119(br) “Multiple-trade project of public works” means a project of public works 10in which no single trade accounts for 85 percent or more of the total labor cost of the 11project. SB45,877,1412(c) “Prevailing hours of labor” for any trade or occupation in any area means 1310 hours per day and 40 hours per week and may not include any hours worked on 14a Saturday or Sunday or on any of the following holidays: SB45,877,15151. January 1. SB45,877,16162. The last Monday in May. SB45,877,18184. The first Monday in September. SB45,877,19195. The 4th Thursday in November. SB45,877,20206. December 25. SB45,877,21217. The day before if January 1, July 4, or December 25 falls on a Saturday. SB45,877,22228. The day following if January 1, July 4, or December 25 falls on a Sunday. SB45,878,623(d) 1. Except as provided in subd. 2., “prevailing wage rate” for any trade or
1occupation engaged in the erection, construction, remodeling, repairing, or 2demolition of any project of public works in any area means the hourly basic rate of 3pay, plus the hourly contribution for health insurance benefits, vacation benefits, 4pension benefits, and any other bona fide economic benefit, paid directly or 5indirectly for a majority of the hours worked in the trade or occupation on projects 6in the area. SB45,878,1672. 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 13benefits, vacation benefits, pension benefits, and any other bona fide economic 14benefit, paid directly or indirectly for all hours worked at the hourly basic rate of 15pay of the highest-paid 51 percent of hours worked in that trade or occupation on 16projects in that area. SB45,878,1917(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. SB45,879,220(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
1University of Wisconsin Hospitals and Clinics Authority, the Fox River 2Navigational System Authority, and the Wisconsin Aerospace Authority. SB45,879,73(fm) “Supply and installation contract” means a contract under which the 4material is installed by the supplier, the material is installed by means of simple 5fasteners or connectors such as screws or nuts and bolts, and no other work is 6performed on the site of the project of public works, and the total labor cost to 7install the material does not exceed 20 percent of the total cost of the contract. SB45,879,88(g) “Truck driver” includes an owner-operator of a truck. SB45,879,119(1m) Applicability. Subject to sub. (3g), this section applies to any project of 10public works erected, constructed, repaired, remodeled, or demolished for the state 11or a state agency, including all of the following: SB45,879,1412(a) A project erected, constructed, repaired, remodeled, or demolished by one 13state agency for another state agency under any contract or under any statute 14specifically authorizing cooperation between state agencies. SB45,879,1815(b) A project in which the completed facility is leased, purchased, lease 16purchased, or otherwise acquired by, or dedicated to, the state in lieu of the state or 17a state agency contracting for the erection, construction, repair, remodeling, or 18demolition of the facility.