Text: SF02229 Text: SF02231 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 90.1 PREVAILING WAGE RATE ACT. 1 2 This chapter shall be known as the "Prevailing Wage Rate 1 3 Act". 1 4 Sec. 2. NEW SECTION. 90.2 DEFINITIONS. 1 5 As used in this chapter, unless the context otherwise 1 6 requires: 1 7 1. "Contract for a public improvement" means a contract 1 8 for the construction, alteration, repair, or remodeling, 1 9 including painting and decorating, of a public building or 1 10 structure or other public improvement of any type located in 1 11 whole or in part in a city over twenty thousand in population 1 12 or located in whole or in part in an unincorporated area of a 1 13 county over twenty thousand in population and to which a 1 14 governmental body is a party, but does not mean a contract for 1 15 the construction, alteration, or repair of a farm-to-market 1 16 road, as defined in section 306.3, to which a governmental 1 17 body is a party. 1 18 2. "Contracting party" means contractor or subcontractor 1 19 party to a contract for a public improvement. 1 20 3. "Governmental body" means the state of Iowa, an agency 1 21 or department of the state, or the state board of regents. 1 22 4. "Prevailing wage rates" means wage rates for mechanics 1 23 and skilled and unskilled laborers, who perform work pursuant 1 24 to a contract for a public improvement, as determined by the 1 25 labor commissioner under section 90.6. 1 26 5. "Wages" or "wage rates" means all of the following: 1 27 a. The basic hourly rate of pay. 1 28 b. The amount of all of the following: 1 29 (1) The rate of contribution irrevocably made by a 1 30 contractor or subcontractor to a trustee or to a third person 1 31 pursuant to a fund, plan, or program. 1 32 (2) The rate of costs to the contractor or subcontractor 1 33 which may be reasonably anticipated in providing benefits to 1 34 laborers and mechanics pursuant to an enforceable commitment 1 35 to carry out a financially responsible plan or program which 2 1 was communicated in writing to the laborers and mechanics 2 2 affected, for medical or hospital care, pensions on retirement 2 3 or death, compensation for injuries or illness resulting from 2 4 occupational activity, or insurance to provide any of the 2 5 foregoing, for unemployment benefits, life insurance, 2 6 disability and sickness insurance or accident insurance, for 2 7 vacation and holiday pay, for defraying costs of 2 8 apprenticeship or other similar programs, or for other bona 2 9 fide fringe benefits, but only where the contractor or 2 10 subcontractor is not required by other federal, state, or 2 11 local law to provide such benefits. 2 12 Sec. 3. NEW SECTION. 90.3 SPECIFICATIONS FOR CONTRACT. 2 13 All specifications for a contract for a public improvement 2 14 in excess of two thousand dollars and a contract for a public 2 15 improvement in excess of two thousand dollars shall contain 2 16 provisions that do all of the following: 2 17 1. Require the contracting party to pay the mechanics and 2 18 laborers it employs to perform work on the project under the 2 19 contract for a public improvement not less than the prevailing 2 20 wage rates. 2 21 2. Require the contracting party to pay its mechanics and 2 22 laborers no less frequently than once a week and without 2 23 subsequent deduction or rebate on any account, the full 2 24 amounts accrued at the time of payment, computed at wage rates 2 25 not less than the prevailing wage rates, regardless of any 2 26 contractual relationship alleged to exist between the 2 27 contracting party and its mechanics and laborers. 2 28 3. Require the contracting party to post the prevailing 2 29 wage rates in a prominent and easily accessible place at the 2 30 site of work under the contract for a public improvement. 2 31 4. Require the contracting party to maintain records of 2 32 the wages paid to its mechanics and laborers employed to 2 33 perform work under the contract in such form as may be 2 34 determined necessary by the labor commissioner. 2 35 5. Permit the governmental body to inspect the records 3 1 required to be maintained by the contracting party under this 3 2 section at all reasonable times and places upon demand by the 3 3 governmental body. 3 4 6. a. Permit the governmental body to withhold from the 3 5 contracting party so much of accrued payments under the 3 6 contract as the governmental body deems necessary to pay the 3 7 mechanics and laborers employed by the contracting party to 3 8 perform work under the contract the difference between the 3 9 prevailing wage rates and the wages paid to them by the 3 10 contracting party. 3 11 b. Allow the governmental body, upon not less than seven 3 12 days written notice to the contracting party, to terminate the 3 13 contract, in the event the governmental body determines the 3 14 contracting party has failed or is failing to perform any of 3 15 its duties under this section, and permit the governmental 3 16 body to institute an action in the district court for damages 3 17 reasonably related to the termination of the contract. 3 18 Sec. 4. NEW SECTION. 90.4 GOVERNMENTAL BODY POWERS AND 3 19 DUTIES. 3 20 1. In addition to any other duties imposed by law 3 21 concerning the letting of a bid for, entering into, and 3 22 performing a contract for a public improvement, a governmental 3 23 body shall do all of the following: 3 24 a. Ascertain the prevailing wage rates for any contract 3 25 for a public improvement. 3 26 b. Comply with the provisions of section 90.3 in the 3 27 letting of bids for a contract for a public improvement. 3 28 c. Refrain from entering into a contract for a public 3 29 improvement which fails to contain the provisions set out in 3 30 section 90.3. 3 31 d. Take all actions reasonably necessary to ensure the 3 32 contracting party is in compliance with the terms and 3 33 conditions of a contract for a public improvement, including 3 34 inspecting the records maintained by the contracting party 3 35 pursuant to a contract under section 90.3 and pursuant to 4 1 section 90.5 and investigating complaints by any person that 4 2 the contracting party is not in compliance with the terms and 4 3 conditions of the contract for a public improvement. 4 4 e. Refrain from entering into a contract for a public 4 5 improvement with a contracting party which has been found to 4 6 be in violation of a contract for a public improvement as 4 7 determined by the labor commissioner. 4 8 f. Report to the labor commissioner, in such form and 4 9 manner as the labor commissioner determines, a violation of 4 10 the provisions of this chapter by any contracting party which 4 11 is a party to a contract for a public improvement with the 4 12 governmental body. 4 13 2. A governmental body may do either of the following: 4 14 a. Require the contracting party to post a bond as deemed 4 15 necessary by the governmental body to provide for the payment 4 16 of the prevailing wage rates. 4 17 b. Take any action to enforce the terms and provisions of 4 18 a contract for a public improvement. 4 19 Sec. 5. NEW SECTION. 90.5 DUTIES OF CONTRACTING PARTY. 4 20 1. A contracting party shall do all of the following: 4 21 a. At the time of submitting a bid for a contract for a 4 22 public improvement, state to the governmental body the 4 23 identity of all other persons, partnerships, corporations or 4 24 other entities to which it is subcontracting any portion of 4 25 the work to be performed under a contract for a public 4 26 improvement. No work under a contract for a public 4 27 improvement shall be performed by any persons, partnerships, 4 28 corporations, or other entities other than those stated to the 4 29 governmental body in the contracting party's bid proposal, 4 30 except in the event of exigent circumstances which require the 4 31 substitution of a subcontractor, and which substitution has 4 32 been approved in writing by the governmental body and by the 4 33 labor commissioner. 4 34 b. Comply with the terms of the contract for a public 4 35 improvement required by section 90.3. 5 1 c. Maintain and provide to the governmental body records 5 2 showing payment of the prevailing wage rates to its mechanics 5 3 and skilled and unskilled laborers under the contract for a 5 4 public improvement in such form and manner as the labor 5 5 commissioner shall determine. 5 6 2. A contracting party shall not attempt, either directly 5 7 or indirectly, to avoid the requirements of this chapter. 5 8 Sec. 6. NEW SECTION. 90.6 LABOR COMMISSIONER DUTIES. 5 9 The labor commissioner shall have the following duties and 5 10 powers: 5 11 1. The labor commissioner shall adopt rules, at least 5 12 annually, which establish the wage rates for mechanics and 5 13 laborers of the type customarily employed to perform work 5 14 under a contract for a public improvement, which prevail in 5 15 each county and in each city over twenty thousand in 5 16 population in the state among workers performing work similar 5 17 in character to that performed on projects under contracts for 5 18 a public improvement. The wage rates so determined for each 5 19 county and city by the labor commissioner shall be the 5 20 prevailing wage rates for work to be performed by a 5 21 contracting party under a contract for a public improvement 5 22 within that county or city. 5 23 2. In determining and establishing the prevailing wage 5 24 rates for each county and city, the labor commissioner shall 5 25 consider prevailing wage rate data established by the United 5 26 States secretary of labor pursuant to 40 U.S.C. }} 276a to 5 27 276a-7, wage rates for mechanics and skilled and unskilled 5 28 laborers for work performed within the county or city provided 5 29 for in bona fide collective bargaining agreements, and any 5 30 other reliable and relevant information concerning wages. If 5 31 the labor commissioner reasonably deems it necessary, the 5 32 labor commissioner may conduct surveys within the county or 5 33 city to acquire information regarding wages paid. 5 34 3. The labor commissioner shall publish annually all 5 35 prevailing wage rates determined and established pursuant to 6 1 rules adopted under subsection 1. 6 2 4. Upon request by a governmental body the labor 6 3 commissioner shall determine the prevailing wage rates 6 4 applicable to work to be performed pursuant to a contract for 6 5 a public improvement. The labor commissioner shall provide by 6 6 rule an expedited procedure for resolution of disputes 6 7 concerning the applicable prevailing wage rate for work to be 6 8 performed pursuant to a contract for a public improvement. 6 9 Such a dispute shall not be a contested case under chapter 6 10 17A. 6 11 5. The labor commissioner shall by rule provide that if 6 12 work pursuant to a contract for a public improvement is to be 6 13 performed in more than a single county or a single city, the 6 14 highest prevailing wage rates applicable shall apply to all 6 15 work performed pursuant to the contract for a public 6 16 improvement. 6 17 6. The labor commissioner shall adopt rules providing for 6 18 the maintenance of wage records and the reports required by 6 19 section 90.3, subsection 4, and section 90.5, subsection 1, 6 20 paragraph "c". At a minimum, the records required by section 6 21 90.3, subsection 4, shall contain the name, address, and 6 22 social security number of each mechanic and laborer, the 6 23 number of hours worked each day, and the gross wages paid each 6 24 day. At a minimum, the reports required by section 90.5, 6 25 subsection 1, paragraph "c", to be submitted to the 6 26 governmental body shall contain the same information as 6 27 contained in the records required under section 90.3, 6 28 subsection 4, and shall be submitted at least once a week. 6 29 The reports submitted to the governmental body as required by 6 30 section 90.5, subsection 1, paragraph "c", shall be public 6 31 records under chapter 22, and shall not be exempt under 6 32 chapter 22. 6 33 7. The labor commissioner may enter upon the premises of 6 34 any work site where work is being performed pursuant to a 6 35 contract for a public improvement at any reasonable time and 7 1 may interview any mechanic or skilled or unskilled laborer for 7 2 the purposes of determining whether the contracting party is 7 3 complying with the provisions of this chapter. No worker 7 4 shall be discharged or otherwise disciplined or discriminated 7 5 against by the contracting party for providing information to 7 6 the labor commissioner in such an interview. Any worker 7 7 discharged, disciplined, or otherwise discriminated against by 7 8 the contracting party for providing information to the labor 7 9 commissioner in such an interview shall have a right of action 7 10 for reinstatement, back pay, and such other equitable relief 7 11 as may be appropriate in the district court. 7 12 8. The labor commissioner shall maintain and publish, at 7 13 least semiannually, a listing of all contracting parties which 7 14 have been found by a governmental body, the labor 7 15 commissioner, or a court to have violated this chapter. 7 16 9. The labor commissioner shall adopt, pursuant to chapter 7 17 17A, rules and regulations necessary to perform duties or 7 18 exercise powers under this chapter. 7 19 Sec. 7. NEW SECTION. 90.7 REMEDIES. 7 20 In addition to any remedies otherwise available under law, 7 21 the following remedies for violation of any provisions of this 7 22 chapter shall be available: 7 23 1. A mechanic or laborer, who performed work pursuant to a 7 24 contract for a public improvement but to whom the contracting 7 25 party failed to pay the applicable prevailing wage rates, may 7 26 maintain an action in the district court to recover the 7 27 difference between the applicable prevailing wage rates and 7 28 the wages the worker received from the contracting party. The 7 29 provisions of chapter 91A shall apply to the action. However, 7 30 the labor commissioner may institute an action for the 7 31 collection of unpaid wages on behalf of all employees affected 7 32 by the actions of the same contracting party on the same 7 33 project without the necessity of obtaining a wage assignment 7 34 from any of the affected employees. The fact that the 7 35 mechanic or laborer knowingly accepted payment of wages less 8 1 than the applicable prevailing wage rate does not relieve the 8 2 contracting party from liability. 8 3 2. The labor commissioner may maintain an action in 8 4 district court against a contracting party for a knowing and 8 5 intentional failure to pay the prevailing wage rates. The 8 6 district court shall provide for a penalty against the 8 7 contracting party of five hundred dollars per day for each day 8 8 it finds the contracting party has failed to pay the required 8 9 prevailing wage rates. 8 10 Sec. 8. NEW SECTION. 90.8 PENALTY. 8 11 Violation of any provisions of this chapter by a 8 12 contracting party or its representative or by a representative 8 13 or employee of a governmental body is a serious misdemeanor. 8 14 Sec. 9. NEW SECTION. 90.9 FEDERAL FUND PROJECTS. 8 15 The provisions of this chapter shall not apply to any 8 16 contract for a public improvement which is funded in whole or 8 17 in part by federal funds and to which the provisions of 40 8 18 U.S.C. }} 276a to 276a-7 apply to all portions of the work to 8 19 be performed under the contract for a public improvement. 8 20 EXPLANATION 8 21 This bill incorporates the substantive portions of the 8 22 federal Davis-Bacon Act, commonly known as the prevailing wage 8 23 law, into the Code. 8 24 LSB 2148SS 77 8 25 kh/cf/24
Text: SF02229 Text: SF02231 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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