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2005 Prevailing Wage Bills

July 2005

Prevailing wage laws provide for establishment of specific wages on public construction contracts.  The wages vary by state, then by county or region, and then by the type of work involved. 

State
Bill

Summary

Last Action

California
AB 57

Amends provisions regarding the obligations of contractors and subcontractors with the general prevailing rate of per diem wages. Provides that an employer may take a credit for employer payments even if contributions are not made or costs are not paid, if payments are made on no less than a quarterly basis.

In Assembly. Read Third Time. Passed Assembly, To Senate, 5/19/05

AB 222

Requires posting a notice advising workers that do not receive the prevailing rate of per diem wages for work performed on a public works project to contact the Division of Labor Standards Enforcement.

In Assembly Committee On Labor And Employment: Failed Passage,    4/6/05

AB 474

Requires the Director of Industrial Relations to factor in studies regarding wages paid in rural areas in determining the general prevailing rate of per diem wages.

In Assembly Committee On Labor And Employment: Reconsideration Granted, 4/20/05

AB 581

Eliminates need for a certified violation of prevailing wage provisions for the Labor Commissioner to initiate disciplinary proceedings.

In Assembly. Read Third Time. Passed Assembly. To Senate, 5/19/05

AB 1192

Exempts from the definition of public work and the prevailing wage requirements the construction, expansion, or rehabilitation of affordable housing units for low- and moderate-income persons, performed by a nonprofit organization.

In Assembly Committee On Labor And Employment: Reconsideration Granted, 4/20/05

AB 1371

Changes the general definition of public work for the purposes of payment of prevailing wages.

Introduced,  2/22/05

SB 759

Changes the employer's requirement for payroll records for purposes of payment of prevailing wages.

To Assembly Committee On Labor And Employment,    5/26/05

SB 940

Requires the Director of Industrial Relations to publish on the department's Web site the prevailing wage rates for residential

projects.

To Assembly Committee On Labor And Employment,    5/31/05

Connecticut
HB 5004

Creates a three-year moratorium on the application of prevailing wage rates for school and transportation projects undertaken by municipalities.

Failed Joint Favorable Deadline,    4/8/05

HB 5039

Exempts from the prevailing wage requirements all municipal projects that do not receive state or federal funding.

Failed Joint Favorable Deadline,    3/29/05

HB 5112

Increases the dollar threshold for application of the prevailing wage requirements to new construction and renovation work.

Failed Joint Favorable Deadline,    3/29/05

HB 5302

Establishes a temporary moratorium and increases  the dollar threshold for application of the prevailing wage requirements to new construction and renovation work.

Failed Joint Favorable Deadline,    3/29/05

HB 5400

Increases the dollar threshold for application of the prevailing wage requirements for public works projects.

Failed Joint Favorable Deadline,    3/29/05

HB 5410

Exempts volunteer Fire Department construction projects from the prevailing wage laws.

Failed Joint Favorable Deadline,    3/29/05

HB 6294

Increases the dollar threshold for application of the prevailing wage requirements for public works projects.

Failed Joint Favorable Deadline,    3/29/05

SB 847

Requires that all persons (instead of all employees) performing work on state funded projects be paid prevailing wages and be listed on the certified payrolls.

Enrolled Public Act No. 05-50,    5/19/05

Hawaii
HB 765

Clarifies that the state law requiring payment of prevailing wages applies to all labors, mechanics, required assistants, helpers, tenders, and apprentices on a public works project.

In House Committee On Economic Development And Business Concerns,    2/7/05

HB 900

Increases the threshold to $1 million in public subsidies for application of the prevailing wage requirements.

Additionally Referred To House Committee On Economic Development And Business Concerns,    1/31/05

HB 930

Clarifies requirement that payment of prevailing wages applies to all laborers, mechanics, required assistants, helpers, tenders, and apprentices on a public works project.

Additionally Referred To House Committee On Economic Development And Business Concerns,    1/31/05

HB 1214

Sets criteria for determining the prevailing wages for laborers and mechanics on public work projects.

To Conference Committee,    4/18/05

HB 1266

Clarifies requirement that payment of prevailing wages applies to all laborers, mechanics, required assistants, helpers, tenders, and apprentices on a public works project.

To House Committee On Labor And Public Employment,    2/10/05

SB 933

Clarifies requirement that payment of prevailing wages applies to all laborers, mechanics, required assistants, helpers, tenders, and apprentices on a public works project.

To House Committee On Labor And Public Employment,    3/17/05

SB 962

Sets criteria for determining the prevailing wages for laborers and mechanics on public work projects.

To Governor,    5/5/05

Illinois
HB 188

Requires contractor and subcontractor to submit weekly a certified payroll to the public body in charge of the project.

Passed Both Houses, 5/26/05

HB 1370

States that specified violations of the Act are Class A (rather than Class B) misdemeanors. States that a contractor or subcontractor who pays a worker less than the stipulated rates for work performed under a contract is liable to the Department of Labor and is liable to the worker for punitive damages.

Passed Both Houses,    5/12/05

HB 2108

Makes a technical change concerning violations of the Prevailing Wage Act.

Rereferred To House Committee On Rules,    4/15/05

HB 2110

Makes a technical change concerning State policy.

Rereferred To House Committee On Rules,    4/15/05

HB 3005

Makes a technical change concerning findings of public bodies and the Department of Labor.

Rereferred To House Committee On Rules,    4/15/05

HB 3008

Makes a technical change concerning construction of the Prevailing Wage Act.

Rereferred To House Committee On Rules,    3/10/05

HB 3533

Includes workers at a facility located in close proximity to the actual construction location as employed on public works. Provides that workers who are paid a set amount for truck expense and take-home wage and who are deemed to be employed on the public works project are entitled to the proper prevailing wage for the equipment being operated.

Rereferred To House Committee On Rules,    3/10/05

HB 3534

Includes workers at a facility located in close proximity to the actual construction location as employed on public works.

Rereferred To House Committee On Rules,    3/10/05

HB 3535

Includes in the definition of employment on public works the transportation of aggregate materials to or from the job site. Eliminates a provision that the processing of non-aggregate materials is not defined as employment on public works.

Rereferred To House Committee On Rules,    3/10/05

HB 3536

States that workers who are paid a set amount for truck expense and take-home wage on the public works project are entitled to the proper prevailing wage for the equipment being operated. Provides the method for determining the take-home wage, and provides that a truck driver is entitled to the difference between the determined take-home wage and the proper prevailing wage for the equipment being operated.

Rereferred To House Committee On Rules,    3/10/05

SB 76

Requires each contractor and subcontractor to submit weekly a certified payroll to the public body in charge of the public works project and stipulates that failure to do so is considered a Class B misdemeanor.

Rereferred To House Committee On Rules,    3/10/05

SB 1270

Makes a technical change concerning State policy

In Senate. 3rd Reading Deadline Extended To 12/31/2005

SB 1274

Makes a technical change concerning violations of the Act.

In Senate. 3rd Reading Deadline Extended To 12/31/2005

Iowa
SSB 1169

Establishes a general prevailing rate of hourly wages requirement for public works project employees based on wages paid for comparable work where the work is performed.

In Senate Committee On Business And Labor, 2/17/05

Kentucky
HB 75

Requires that state inmates be paid the prevailing wage and that the inmate's earnings be used for payment of restitution, and support of dependents, with the goods produced being authorized to be sold both to public and private purchasers.

To House Committee On Judiciary, 1/6/05

HB 162

Removes prevailing wage requirements from urban renewal and community development agency contracts for work. Eliminates definitions relating to prevailing wages and penalties for prevailing wage violations at the state level.

To House Committee On Labor And Industry, 2/2/05

Maine
SB 318

LD 943- Requires the Bureau of Labor Standards to determine the prevailing hourly wage and benefits on an annual basis based upon each construction industry employer's annual peak employment period.

Signed By Governor, 5/25/05

Massachusetts
HB 3510

Exempts cities and towns from provisions of the prevailing wage law.

To Joint Committee On State Administration And Regulatory Oversight, 1/5/05

HB 3806

Clarifies the prevailing wage law.

To Joint Committee On Labor And Workforce Development,  1/5/05

Michigan
HB 4351

Eliminates the requirement for payment of the prevailing wage on public school construction projects.

To House Committee On Employment Relations, Training And Safety,    2/17/05

HB 4412

Eliminates the prevailing wage on public school construction projects.

Withdrawn From House Committee On Employment Relations, Training And Safety,    5/4/05

HB 4530

Eliminates the prevailing wage requirement for public school academies.

To House Committee On Employment Relations, Training And Safety,    3/22/05

HB 4531

Eliminates the requirement of paying prevailing wage on public school projects.

To House Committee On Employment Relations, Training And Safety,    3/22/05

Minnesota
HB 536

Modifies prevailing wage requirements.

To House Committee On Commerce And Financial Institutions,    1/27/05

HB 1271

Amends the definition of prevailing wage.

To House Committee On Commerce And Financial Institutions,    2/24/05

HB 1961

Provides an         exemption from prevailing wage requirements for       qualified businesses in job opportunity building zones.

To House Committee On Commerce And Financial Institutions,    3/21/05

HB 2139

Requires the commissioner of labor and industry to employ investigators of prevailing wage violations. Clarifies the procedures for investigations of prevailing wage violations. Requires notice of prevailing wage violations and action upon prevailing wage violations

To House Committee On Commerce And Financial Institutions,    3/29/05

HB 2319

Provides grants to employers that pay prevailing wages in job opportunity building zones.

To House Committee On Jobs And Economic Opportunity Policy And Finance,    4/4/05

SB 91

Defines the prevailing wage rate as the basic hourly rate of pay plus the rate of contribution or cost for health and welfare benefits, vacation benefits, pension and retirement benefits, and any other fringe

benefit of economic value.

To SENATE Committee On JOBS, ENERGY AND COMMUNITY DEVELOPMENT,    1/6/05

Missouri
HB 382

Modifies provisions dealing with the prevailing wage on public works.

To House Committee On Workforce Development And Workplace Safety,    2/17/05

HB 477

Allows schools districts to exempt themselves from prevailing wage requirements in certain situations.

In House Committee On Workforce Development And Workplace Safety: Voted Do Pass,    4/6/05

HB 571

Prohibits the imposition of a prevailing wage in certain counties.

In House Committee On Workforce Development And Workplace Safety: Voted Do Pass,    4/6/05

HB 607

Exempts school districts from the prevailing wage.

To House Committee On Workforce Development And Workplace Safety,    2/24/05

HB 828

Creates new prevailing wage law provisions.

To House Committee On Workforce Development And Workplace Safety,    3/31/05

SB 291

Clarifies various provisions of prevailing wage law.

From Senate Committee On Small Business, Insurance And Industrial Relations: Reported Do Pass As Substituted,    3/8/05

SB 349

Increases penalties for each calendar day for a contractor paying workers less than the prevailing wage rate. Creates separate fund for collected penalties.

To Senate Committee Small Business, Insurance And Industrial Relations, 2/14/05

HCR 27

Urges Congress to enact federal transportation legislation preserving the federal prevailing wage law that requires the use of local area wages and labor standards federal construction work.

To House Committee On Workforce Development And Workplace Safety,    4/11/05

Montana
SB 217

Establishes an apprentice wage rate tied to the standard prevailing wage rate for construction services.

Chaptered. Chapter No. 538, 4/28/05

Nevada
AB 148

Expands exemptions for payment of prevailing wage for certain public works contracts.

To Assembly Committee On Government Affairs, 2/28/05

New York
AB 336

Requires prevailing wage  in  any  public  work  projects  which  utilizes  funding for industrial development agencies.

To Assembly Committee On Local Governments,    1/12/05

AB 476

Requires prevailing rate of wages and supplements be paid or provided to laborers, workmen or mechanics of public works.

To Assembly Committee On Labor, 1/12/05

AB 824

Requires the Fiscal Officer to follow a to schedule when investigating or adjudicating complaints of prevailing wage violations.

To Assembly Committee On Labor, 1/18/05

AB 945

Defines lowest responsible bidder for purposes of the prevailing wage law.

To Assembly Committee On Codes, 2/1/05

AB 1193

Provides for the prevailing rate of wage for certain work performed and compensated by employees of the port authority of New York and New Jersey.

To Assembly Committee On Labor, 1/18/05

AB 2578

Requires contractors and subcontractors give written notification to workers employed on public work projects of the right to receive prevailing wages

Substituted By S 4549, 5/25/05

AB 2674

Sets penalties for failure to post prevailing wage schedules.

To Assembly Committee On Labor, 1/28/05

AB 2676

Creates an action for damages against a contractor for failure to pay prevailing wages or taxes, contributions, assessments, or benefits.

To Assembly Committee On Codes, 5/24/05

AB 3273

Provides for prevailing wage audits of ongoing construction in progress jobs by the New York City School Construction Authority.

To Assembly Committee On Labor, 2/1/05

AB 3279

Expands prevailing wage legislation to charter schools.

To Assembly Committee On Codes, 5/17/05

AB 3283

Requires the low bidder on state contracts to provide proof to the satisfaction of the contracting entity that the prevailing wage will be paid.

To Assembly Committee On Labor, 2/1/05

AB 3287

Requires payment of prevailing wage to employee, client, inmate or student of any political subdivision who performs any work for a public entity of which such person is not employed.

To Assembly Committee On Labor, 2/1/05

AB 3293

Provides for enforcement of prevailing wage provisions related to public work construction projects

To Assembly Committee On Labor, 2/1/05

AB 4039

Includes state and local agency and public authority work contracts within prevailing wage requirements.

To Assembly Committee On Labor, 2/8/05

AB 4040

Provides for additional penalties for failure to pay prevailing wages or supplements.

To Assembly Committee On Labor, 2/8/05

AB 4284

Redefines prevailing wage in a public works contract as the wage at the time the work is performed.

To Assembly Committee On Labor, 2/9/05

AB 4513

Creates the office of the prevailing wage fraud inspector general.

To Assembly Committee On Codes, 4/6/05

AB 5503

Requires that sub-contractors on public works projects provide a surety bond for the underpayment of the prevailing wage.

To Assembly Committee On Labor, 2/23/05

AB 6579

Includes certain off-site custom fabrication as public work for payment of prevailing wage

To Assembly Committee On Ways And Means,    5/17/05

AB 6622

Requires certain supervisors to maintain a daily headcount on all workers for all contracts bound by prevailing wage rates.

To Assembly Committee On Codes, 3/17/05

AB 6624

Provides that utility companies or their contractors pay the prevailing wage on projects where a permit to use or open a street is required to be issued.

From Assembly Committee On Codes, 5/3/05

AB 7372

Requires that timely notice of allegations of prevailing wage violations be given to contractors.

To Assembly Committee On Labor, 4/14/05

AB 8054

Relates to posting of prevailing wage by contractors.

To Assembly Committee On Labor, 5/3/05

AB 8057

Relates to contractors who continually use sub-contractors who fail to pay the prevailing wage.

To Assembly Committee On Labor, 5/3/05

SB 772

Defines lowest responsible bidder for purposes of the prevailing wage law to include only those who have not been found guilty of an unfair labor practice within a 3 year period.

To Senate Committee On Labor, 1/20/05

SB 775

Provides a time schedule that the Fiscal Officer must follow when investigating or adjudicating complaints of prevailing wage violations.

To Senate Committee On Labor, 1/20/05

SB 2252

Creates the office of the prevailing wage fraud inspector general.

To Senate Committee On Labor, 1/10/05

SB 2502

Requires that timely notice of allegations of prevailing wage violations be given to contractors.

To Senate Committee On Labor, 2/17/05

SB 3096

Expands prevailing wage legislation to charter schools.

To Senate Committee On Labor, 3/7/05

SB 3285

Requires that utility companies or their contractors use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued.

To Senate Committee On Labor, 3/14/05

SB 3301

Redefines prevailing wage in a public works contract as the wage at the time the work is performed.

To Senate Committee On Labor, 3/14/05

SB 3381

Requires the payment of prevailing wages on construction projects involving the state university of New York, the dormitory authority or the state university construction fund and any third party.

To Assembly Committee On Labor, 4/18/05

SB 3481

Requires that every contractor pay printing trade employees performing work not less than the prevailing wage.

To Senate Committee On Labor, 4/18/05

SB 4364

Denies liability for a general contractor in violation of prevailing wage provisions by a subcontractor unless the contractor has been provided notice of such violation.

To Senate Committee On Labor, 4/14/05

SB 4549

Requires contractors and subcontractors give written notification to workers employed on public work projects of the right to receive prevailing wages.

Passed Assembly,    5/25/05

SB 4857

Provides for additional penalties for failure to pay prevailing wages or supplements.

From Senate Committee On Labor, 5/16/05

SB 4881

Creates an action for damages against a contractor for failure to pay prevailing wages or taxes, contributions, assessments, or benefits.

From Senate Committee On Labor, 4/18/05

SB 5410

Includes certain off-site custom fabrication as public work for payment of prevailing wage.

From Senate Committee On Labor, 5/23/05

SB 5464

Requires certain supervisors to maintain a daily headcount on all workers for all contracts requiring prevailing wage rates

To Senate Committee On Labor, 5/24/05

Ohio
HB 222

Repeals the prevailing wage law.

To House Committee On Commerce And Labor, 5/26/05

HB 2710

Requires contractor and subcontractors on public works project to pay state prevailing wage rates.

To House Committee On Business, Labor And Consumer Affairs, 1/20/05

HB 2996

Exempts public projects for which contract price exceed certain amount from prevailing wage rate law

To House Committee On Business, Labor And Consumer Affairs, 3/16/05

HB 2997

Exempts public improvement contract or public works project from competitive bid requirements or prevailing wage rate requirements.

To House Committee On Business, Labor And Consumer Affairs, 3/16/05

HB 3315

Permits, or in some cases requires, court to award attorney fees to prevailing party in civil actions relating to prevailing wage rates.

Assigned To House Subcommittee On Civil Law, 3/22/05

HB 3382

Requires Commissioner of Bureau of Labor and Industries to adopt rules for determining which prevailing wage rates are in effect.

To House Committee On Business, Labor And Consumer Affairs, 3/22/05

HB 3383

Requires contractor or subcontractor on public works contract to pay prevailing wage rates to workers who manufacture or fabricate nonstandard items made to order for public works.

To House Committee On Business, Labor And Consumer Affairs, 3/22/05

SB 136

Removes the requirement that contractors and subcontractors pay flaggers state prevailing wage rate.

Eligible For Governor's Desk,    5/24/05

SB 477

Requires specifications for subcontracts for public works to contain provisions on prevailing rates of wage.

To House Committee On Business, Labor And Consumer Affairs, 4/29/05

Oregon
HB 2350

Provides exception for public contracts that require payment of prevailing wage rates or when project is regulated under Davis-Bacon Act

To House Committee On Business, Labor And Consumer Affairs, 1/20/05

HB 2710

Requires contractor and subcontractors on public works project to pay state prevailing wage rates or federal prevailing wage rates when project is subject to state and federal prevailing wage rate laws.

To House Committee On Business, Labor And Consumer Affairs, 3/3/05    

HB 2996

Exempts public projects for which contract price does not exceed a certain amount from prevailing wage rate law.

To House Committee On Business, Labor And Consumer Affairs, 3/16/05

HB 2997

Exempts public improvement contract or public works project from competitive bid requirements or prevailing wage rate requirements when community group or nonprofit organization contributes 50 percent or more of value of contract or project.

To House Committee On Business, Labor And Consumer Affairs, 3/16/05

HB 3315

Permits, or in some cases requires, courts to award attorney fees to prevailing party in civil actions relating to prevailing wage rates.

Assigned To House Subcommittee On Civil Law, 3/22/05

HB 3382

Requires Commissioner of Bureau of Labor and Industries to adopt rules for determining which prevailing wage rates are in effect and apply to public works contract exempted from competitive bidding requirements.

To House Committee On Business, Labor And Consumer Affairs, 3/22/05

HB 3383

Requires contractor or subcontractor on public works contract to pay prevailing wage rates to workers who manufacture or fabricate nonstandard items made to order for public works, whether work is done on or off public works site.

To House Committee On Business, Labor And Consumer Affairs, 3/22/05

SB 136

Removes the requirement that contractors and subcontractors pay flaggers state prevailing wage rate on project regulated under federal Davis-Bacon Act.

Eligible For Governor's Desk,   5/24/05

SB 477

Requires specifications for subcontracts for public works to contain provisions on prevailing rates of wage.

To House Committee On Business, Labor And Consumer Affairs, 4/29/05

Pennsylvania
HB 947

Authorizes optional prevailing wage ordinances.

To House Committee On Labor Relations,    3/14/05

HB 1080

Prohibits certain forms of retaliatory action by employers against prevailing wage claims.

To House Committee On Labor Relations,    3/23/05

SB 259

Further provides for the definition of "public work." for purposes of prevailing wages.

To Senate Committee On Labor And Industry,    2/14/05

SR 114

Directs the Legislative Budget and Finance Committee to conduct a study on the effect of prevailing wage on the costs of public school construction and renovation projects.

To Senate Committee On Labor And Industry,    5/10/05

Rhode Island
HB 5859

Would require any contractor who is awarded a public works contract after July 1, 2005 to ascertain the prevailing wage rate and make the necessary adjustments.

To House Committee On Labor, 3/1/05

HB 6118

Would raise the threshold for municipal projects which require a prevailing wage pay rate from $ 1,000 to $100,000.

To House Committee On Labor, 3/2/05

SB 920

Requires any contractor who is awarded a public works contract after July 1, 2005 to ascertain the prevailing wage rate, and make the necessary adjustments

In Senate Committee On Labor, 4/27/05

SB 956

Increases fines and would permit the Department of Labor and Training to fine violators of the prevailing wage law without court action.

To House Committee On Labor, 5/11/05

Tennessee
HB 1465

Establishes a prevailing wage commission.

Eligible For Governor's Desk,    5/25/05

Washington
HB 1308

Provides additional funding to the Prevailing Wage Program of the Department of Labor and Industries.

To House Committee On Appropriations,    2/7/05

SB 5236

Same as above

Referred To Senate Committee On Ways And Means,    2/15/05

West Virginia
HB 2060

Exempts public works projects receiving federal assistance and subject to federal labor standards from the state prevailing wage laws.

To House Committee On Judiciary, 2/9/05

HB 2972

Exempting construction performed on behalf of county and municipal governments from prevailing wage requirements.

To House Committee On Industry And Labor, Economic Development And Small Business,    3/10/05

HB 3267

Exempts construction performed on behalf of educational authorities from prevailing wage requirements.

To House Committee On Industry And Labor, Economic Development And Small Business,    3/25/05

Wisconsin
AB 442

Relates to the determination of prevailing wage rates for workers employed on state or local projects of public works.

To Assembly Committee On Labor, 5/26/05

SB 220

Relates to the determination of prevailing wage rates for workers employed on state or local projects of public works.

To Senate Committee On Labor And Election Process Reform,    5/27/05

Source: LexisNexis 50-state bill tracking; state legislative web sites.

 

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