An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; to make appropriations for the implementation of this act; and to prescribe penalties.
HB 4007 mandates prevailing wages and fringe benefits for construction mechanics on state projects. It outlines the responsibilities of contracting agents and bidders to ensure wages and benefits at least match local prevailing rates, with certain exemptions. The act requires the determination of prevailing wage and fringe benefit rates before bidding, incorporation of these rates into bid specifications, and establishes procedures for rate redetermination. It also mandates the posting of wage rates at construction sites, protects construction mechanics from retaliation for reporting violations, and prescribes penalties for non-compliance, including civil fines up to $5,000 plus an additional 10% penalty as determined by the commissioner. The act specifies joint and several liabilities for contractors and subcontractors violating its provisions, includes exceptions for certain contracts and projects, and grants the commissioner enforcement authority, emphasizing fair labor practices in state construction projects. Additionally, it allows aggrieved construction mechanics to seek damages, injunctive relief, and attorney fees for violations, and outlines the commissioner's authority to enforce the act, including investigating wage compliance and ensuring adherence through various means, including civil actions for unpaid penalties. The act further empowers the commissioner to administer oaths, subpoena witnesses, and require document production for investigations, allows employees to file complaints regarding violations with confidentiality, and sets a 3-year limit for complaint acceptance post-violation. It also provides for private interviews during investigations, establishes a rebuttable presumption of retaliation against employees, and outlines procedures for review and appeal of the department's determinations, including the appointment of hearings officers and the application of administrative procedures act processes for hearings. Additionally, it mandates the maintenance of certified payroll records for three years, allows for judicial review of hearings officers' determinations, and includes provisions for rule promulgation and a $75,000 appropriation for the act's implementation and communication. The act ensures that failure to exhaust administrative remedies is not a defense in civil actions by construction mechanics and maintains the validity of its provisions even if parts are declared invalid or unenforceable.
Co-sponsored by Reps.
Referred to the Committee on Labor
Reported without amendment
1. Amend page 2, line 14, after “agent” by inserting “if the cost of the project is equal to or greater than $150,000.00”.
The amendment failed by voice vote
1. Amend page 2, line 14, after “agent” by inserting “if the cost of the project is greater than or equal to the following:
(i) For a project that consists solely of new construction, $250,000.00.
(ii) For a project that does not consist solely of new construction, $75,000.00”.
The amendment failed by voice vote
1. Amend page 4, following line 26, by inserting:
“Sec. 9. By 30 months after the effective date of this act, the commission shall submit a report to the legislature about the impact of this act.
Sec. 10. This act does not apply 3 years after the effective date of this act.”.
The amendment failed by voice vote
1. Amend page 4, following line 26, by inserting:
“Sec. 9. A contracting agent that is a local unit of government, public school, community college, or university may exempt itself from the requirements of this act by a majority vote of its governing body.”.
The amendment failed by voice vote
1. Amend page 4, following line 26, by inserting:
“Sec. 9. The commissioner shall prepare a report that compares contracts for state projects that were entered into after January 1, 2019 but before December 31, 2021 to similar contracts for state projects that are entered into after the effective date of this act but before 3 years after the effective date of this act. The report must include comparisons of all of the following for each contract:
(a) The total number of construction mechanics employed.
(b) The total amount of wages paid to construction mechanics.
(c) The total cost of materials.
(d) The total number of safety incidents.
(e) The length of time to complete the state project.
(f) Whether the requirements of this act increased costs and, if so, by how much.”.
The amendment failed by voice vote
Substitute H-1 offered
by
The substitute failed by voice vote
Substitute H-2 offered
by
The substitute failed by voice vote
Passed in the House 56 to 53 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Referred to the Committee on Labor
Reported without amendment
Referred to the Committee of the Whole
Reported with substitute S-6
Substitute S-6 concurred in by voice vote
1. Amend page 11, following line 6, by inserting:
“Sec. 9. The governor shall issue an updated budget recommendation that accurately reflects the negative fiscal impact of this act.”.
The amendment failed by voice vote
Passed in the Senate 20 to 16 (details)
1. Amend page 2, following line 21, by inserting “Sec. 7 Any person, firm, or corporation or combination thereof, including the officers of any contracting agent, violating the provisions of this act is guilty of a misdemeanor.”.
2. Amend page 2, following line 21, by inserting “Sec. 8 The provisions of this act shall not apply to contracts entered into or the bids made before the effective date of this act.”.
3. Amend page 4, line 21, after “thereby.” by striking out the remainder of the bill.
The amendment failed by voice vote
1. Amend page 8, line 17, after “parties” by inserting “, unless the interviewee requests legal representation,”.
The amendment failed by voice vote
1. Amend page 11, following line 6, by inserting: “Enacting section 2: This amendatory act does not take effect unless HB 4037 of the 102nd Legislature is enacted into law.”.
The amendment failed by voice vote
1. Amend page 6, following line 19, after “this” by striking out “act” and inserting “act.” Then strike the balance of the remaining sentence.
The amendment failed by voice vote
1. Strike out section 7 and section 8.
2. Strike out section 10 through section 26.
The amendment failed by voice vote
1. Amend page 10, line 24 through page 11, line 3 by striking out section 25.
The amendment failed by voice vote
1. Amend page 5, line 14 through 19, by striking section 10.
The amendment failed by voice vote
1. Amend page 6, line 17, through page 7, line 10, by striking out section 13.
The amendment failed by voice vote
1. Amend page 7, lines 11 through 23 by striking out section 14.
The amendment failed by voice vote
1. Amend page 7, lines 24 through 29, by striking out section 15.
The amendment failed by voice vote
1. Amend page 8, lines 1 through 10, by striking out section 16.
The amendment failed by voice vote
1. Amend page 8, lines 11 through 14, by striking out section 17.
The amendment failed by voice vote
1. Amend page 8, lines 15 through 19, by striking out section 18.
The amendment failed by voice vote
1. Amend page 8, line 20, through page 9, line 4, by striking out section 19.
The amendment failed by voice vote
1. Amend page 9, lines 5 through 7, by striking out section 20.
The amendment failed by voice vote
1. Amend page 9, line 8 through page 10, line 11 by striking out section 21.
The amendment failed by voice vote
1. Amend page 10, lines 12 through 16, by striking out section 22.
The amendment failed by voice vote
1. Amend page 11, lines 4 through 6, by striking out section 26.
The amendment failed by voice vote
1. Amend page 10, lines 17 through 19, by striking out section 23.
The amendment failed by voice vote
1. Amend page 10, lines 17 through 19, by striking out section 23.
The amendment failed by voice vote
Substitute S-6 concurred in 56 to 52 (details)
