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PAG LIN
1 1 Section 1. Section 15.327, Code 1997, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 0A. "Commissioner" means the labor
1 4 commissioner appointed pursuant to section 91.2.
1 5 NEW SUBSECTION. 1A. "Contract for a facility improvement"
1 6 or "facility improvement" means a contract for the
1 7 construction, alteration, repair, or remodeling, including
1 8 painting and decorating, of a manufacturing facility located
1 9 within the economic development area, of the eligible business
1 10 or a supporting business.
1 11 NEW SUBSECTION. 6A. "Prevailing wage rates" means the
1 12 wage rates for mechanics and skilled and unskilled laborers as
1 13 determined by the commissioner under section 15.328.
1 14 NEW SUBSECTION. 10. "Wage" or "wage rates" for purposes
1 15 of this part, means all of the following:
1 16 a. The basic hourly rate of pay.
1 17 b. The amount of all of the following:
1 18 (1) The rate of contribution irrevocably made by a
1 19 contractor or subcontractor to a trustee or to a third person
1 20 pursuant to a fund, plan, or program for the benefit of
1 21 laborers and mechanics employed by the contractor or
1 22 subcontractor.
1 23 (2) The rate of costs to the contractor or subcontractor
1 24 that may be reasonably anticipated in providing benefits to
1 25 laborers and mechanics pursuant to an enforceable commitment
1 26 to carry out a financially responsible plan or program which
1 27 was communicated in writing to the laborers and mechanics
1 28 affected, for medical or hospital care, pensions on retirement
1 29 or death, compensation for injuries or illness resulting from
1 30 occupational activity, or insurance to provide any of the
1 31 foregoing, for unemployment benefits, life insurance,
1 32 disability and sickness insurance or accident insurance, for
1 33 vacation and holiday pay, for defraying costs of
1 34 apprenticeship or other similar programs, or for other bona
1 35 fide fringe benefits, but only where the contractor or
2 1 subcontractor is not required by federal, state, or local law
2 2 to provide such benefits.
2 3 Sec. 2. NEW SECTION. 15.328 COMMISSIONER DUTIES.
2 4 The commissioner shall have the following duties and
2 5 powers:
2 6 1. The commissioner shall determine, at least annually,
2 7 the wage rates for mechanics and laborers of the type
2 8 customarily employed to perform work under a contract for a
2 9 facility improvement, which prevail in each county and in each
2 10 city over twenty thousand in population in the state among
2 11 workers performing work similar in character to that performed
2 12 on projects under contracts in accordance with this part. The
2 13 commissioner shall establish the wage rates so determined for
2 14 each county and city by the commissioner as the prevailing
2 15 wage rates for work to be performed by a contracting party
2 16 under a contract for a facility improvement within that county
2 17 or city.
2 18 2. In determining and establishing the prevailing wage
2 19 rates for each county and city, the commissioner shall
2 20 consider prevailing wage rate data established by the United
2 21 States secretary of labor pursuant to 40 U.S.C. } 276a–276a-
2 22 7, wage rates for mechanics and skilled and unskilled laborers
2 23 for work performed within the county or city provided for in
2 24 bona fide collective bargaining agreements, and any other
2 25 reliable and relevant information concerning wages. If the
2 26 commissioner reasonably deems it necessary, the commissioner
2 27 may conduct surveys within the county or city to acquire
2 28 information regarding wages paid.
2 29 3. The commissioner shall publish annually all prevailing
2 30 wage rates determined and established pursuant to rules
2 31 adopted under subsection 1.
2 32 4. Upon request by a governmental body, the commissioner
2 33 shall determine the prevailing wage rates applicable to work
2 34 to be performed under a contract for a facility improvement.
2 35 The commissioner shall provide by rule an expedited procedure
3 1 for resolution of disputes concerning the applicable
3 2 prevailing wage rate for work to be performed pursuant to a
3 3 contract for a facility improvement. Such a dispute shall not
3 4 be a contested case under chapter 17A.
3 5 5. The commissioner shall by rule provide that if work
3 6 pursuant to a contract for a facility improvement is to be
3 7 performed in more than a single county or a single city, the
3 8 highest prevailing wage rates applicable shall apply to all
3 9 work performed pursuant to the contract for a facility
3 10 improvement.
3 11 6. The commissioner may enter upon the premises of any
3 12 work site where work is being performed pursuant to a contract
3 13 for a facility improvement at any reasonable time and
3 14 interview any mechanic or skilled or unskilled laborer for the
3 15 purposes of determining whether the contracting party is
3 16 complying with the provisions of this chapter. No worker
3 17 shall be discharged or otherwise disciplined or discriminated
3 18 against by the contracting party for providing information to
3 19 the commissioner in such an interview. Any worker discharged,
3 20 disciplined, or otherwise discriminated against by the
3 21 contracting party for providing information to the
3 22 commissioner in such an interview shall have a right of action
3 23 for reinstatement, back pay, and such other equitable relief
3 24 as may be appropriate in district court. If the commissioner
3 25 finds an eligible business does not meet the wage requirements
3 26 of this part, the commissioner shall report the findings to
3 27 the director and the penalties of section 15.330 shall apply.
3 28 7. The commissioner shall adopt, pursuant to chapter 17A,
3 29 rules and regulations necessary to perform duties or exercise
3 30 powers under this part.
3 31 Sec. 3. Section 15.329, subsection 1, Code 1997, is
3 32 amended by adding the following new paragraph:
3 33 NEW PARAGRAPH. g. The business shall agree to pay, or
3 34 shall contract with a contractor or subcontractor who agrees
3 35 to pay, the prevailing wage rates for mechanics and skilled
4 1 and unskilled laborers who perform work under a contract for
4 2 the construction, alteration, repair, or remodeling, the costs
4 3 of which are in excess of two thousand dollars, of the
4 4 manufacturing facility located within the economic development
4 5 area, of the eligible business or a supporting business.
4 6 EXPLANATION
4 7 This bill adds a prevailing wage requirement to the new
4 8 jobs and income Act. Under the bill, to be eligible to
4 9 receive benefits under the Act, an eligible business must
4 10 agree to pay, or contract with a contractor or subcontractor
4 11 that agrees to pay, the prevailing wage rates for mechanics
4 12 and skilled and unskilled laborers who perform work under a
4 13 contract, the costs of which are in excess of $2,000, for the
4 14 construction, alteration, repair, or remodeling of the
4 15 manufacturing facility located within the economic development
4 16 area, of the eligible business or a supporting business. The
4 17 benefits available to an eligible business that complies with
4 18 the Act include a new jobs credit from withholding; a sales,
4 19 services, and use tax refund; exemption from land ownership
4 20 restrictions for nonresident aliens; a value-added property
4 21 tax exemption; an investment tax credit; an exemption from
4 22 taxation for machinery, equipment, and computers; sales and
4 23 use tax exemption; and a research activities credit.
4 24 Under the bill, it is the responsibility of the labor
4 25 commissioner to determine, at least annually, wage rates
4 26 prevailing for mechanics and laborers in each county and in
4 27 each city over 20,000 in population in the state among workers
4 28 performing work similar in character to that performed on
4 29 projects under contracts in accordance with the Act and
4 30 establish the rates as the wage rates for work to be performed
4 31 under a contract for facility improvement. If the
4 32 commissioner finds an eligible business does not the meet the
4 33 wage requirements, the commissioner shall report the findings
4 34 to the director and the penalties of the Act, up to and
4 35 including forfeiture of the Act's incentives, shall apply.
5 1 LSB 3081XS 77
5 2 kh/sc/14
Text: SF02274 Text: SF02276 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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