2003 Legislation
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SENATE BILL NO. 1086 – Prevailing wages/day’s work

SENATE BILL NO. 1086

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S1086..........................................by COMMERCE AND HUMAN RESOURCES
PREVAILING WAGES - DAY'S WORK - Amends and adds to existing law to delete
language requiring a specific percentage of Idaho residents to be employees on
public works projects; to require the payment of standard prevailing wages in
a county; to set forth a procedure for determining prevailing wages in a
county; to define a "day's work" for persons employed in manual labor for the
state or a political subdivision of the state; to provide exceptions; and to
provide penalties.
                                                                        
02/07    Senate intro - 1st rdg - to printing
02/10    Rpt prt - to Com/HuRes

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1086
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO WAGES; AMENDING SECTIONS  44-1001  AND  44-1002,  IDAHO  CODE,  TO
  3        DELETE  LANGUAGE  REQUIRING A SPECIFIC PERCENTAGE OF IDAHO RESIDENTS TO BE
  4        EMPLOYEES ON CERTAIN PUBLIC PROJECTS AND REQUIRING THE PAYMENT OF STANDARD
  5        PREVAILING WAGES IN A COUNTY; AMENDING CHAPTER 10, TITLE 44,  IDAHO  CODE,
  6        BY  THE ADDITION OF A NEW SECTION 44-1006, IDAHO CODE, TO SET FORTH A PRO-
  7        CEDURE FOR DETERMINING PREVAILING WAGES IN A COUNTY;  AND  AMENDING  TITLE
  8        44, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 11, TITLE 44, IDAHO CODE,
  9        TO  DEFINE A DAY'S WORK FOR PERSONS EMPLOYED IN MANUAL LABOR FOR THE STATE
 10        OR POLITICAL SUBDIVISIONS OF THE STATE, TO PROVIDE EXCEPTIONS AND TO  PRO-
 11        VIDE PENALTIES.
                                                                        
 12    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 13        SECTION  1.  That  Section 44-1001, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        44-1001.  EMPLOYMENT OF RESIDENTS OF IDAHO -- WAGE SCALE -- FEDERAL FUNDS.
 16    In all state, county, municipal, and school construction, repair, and  mainte-
 17    nance  work  under  any of the laws of this state the contractor, or person in
 18    charge thereof, must employ ninety-five percent (95%) bona  fide  Idaho  resi-
 19    dents  as  employees  on  any such contracts except where under such contracts
 20    fifty (50) or less persons are employed the contractor may employ ten  percent
 21    (10%)  nonresidents,  provided  however, in all cases such employers must give
 22    preference to the employment of bona fide Idaho residents in  the  performance
 23    of  such work and that the said contractor, or other person in charge thereof,
 24    must further pay the standard prevailing wages in effect as paid in the county
 25    seat of the county in which the work is being  performed;  provided,  that  in
 26    work  involving  the  expenditure  of  federal aid funds this act shall not be
 27    enforced in such a manner as to conflict with or be contrary  to  the  federal
 28    statutes  prescribing  a  labor  preference  to honorably discharged soldiers,
 29    sailors, and marines, prohibiting as unlawful any other preference or discrim-
 30    ination among the citizens of the United States.
                                                                        
 31        SECTION 2.  That Section 44-1002, Idaho Code, be, and the same  is  hereby
 32    amended to read as follows:
                                                                        
 33        44-1002.  TERMS OF EMPLOYMENT AND WAGE CONTRACTS. In all contracts hereaf-
 34    ter  let  for  state,  county, municipal, and school construction, repair, and
 35    maintenance work under any of the laws of this state there shall  be  inserted
 36    in  each  of  said  contracts  a provision by which the contractor must employ
 37    ninety-five percent (95%) bona fide Idaho residents as employees  on  any  job
 38    under  any  such contract except where under such contracts fifty (50) or less
 39    persons are employed the contractor may employ ten percent (10%) nonresidents,
 40    provided, however, in all cases employers must give preference to the  employ-
 41    ment of bona fide residents in the performance of said work, and that the said
                                                                        
                                           2
                                                                        
  1    contractor must further pay the standard prevailing rate of wages in effect as
  2    paid in the county seat of the county in which the work is being performed and
  3    no  contract  shall  be  let  to any person, firm, association, or corporation
  4    refusing to execute an agreement with the above mentioned  provisions  in  it;
  5    provided,  that,  in  contracts involving the expenditure of federal aid funds
  6    this act shall not be enforced in such a manner as to conflict with or be con-
  7    trary to the federal statutes prescribing  a  labor  preference  to  honorably
  8    discharged  soldiers,  sailors, and marines, prohibiting as unlawful any other
  9    preference or discrimination among citizens of the United States.
                                                                        
 10        SECTION 3.  That Chapter 10, Title 44, Idaho Code, be,  and  the  same  is
 11    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 12    ignated as Section 44-1006, Idaho Code, and to read as follows:
                                                                        
 13        44-1006.  DETERMINING PREVAILING WAGES AS PAID IN COUNTY SEAT OF COUNTY IN
 14    WHICH WORK IS BEING PERFORMED. The advertised specifications  for  every  con-
 15    tract  let  by the state of Idaho and/or any county, city, school district, or
 16    other political subdivision of the state for construction, repair and  mainte-
 17    nance  work  on  public buildings or public works projects, which involves the
 18    employment of mechanics and/or laborers, shall contain a provision stating the
 19    minimum wage rates and fringe benefits to be paid various classes of  laborers
 20    and mechanics in the performance of the contract. It shall be the responsibil-
 21    ity  of  the  director  of the department of labor to determine the prevailing
 22    wage rates and fringe benefits in accordance with rates  compiled  by  and  on
 23    file  with the Davis-Bacon section of the United States department of labor by
 24    the following procedure:
 25        (1)  In all counties in which wage rates and  fringe  benefits  have  been
 26    compiled  by  the  United  States  department  of labor in accordance with the
 27    Davis-Bacon Act, such rates and fringe benefits shall be deemed to be the pre-
 28    vailing rates in the county seat of the county in which the work is to be per-
 29    formed.
 30        (2)  In all other instances the director of the department  shall  make  a
 31    determination  after  an actual survey of wages and fringe benefits being paid
 32    at or near the site of the work. Such determination shall be deemed to be  the
 33    prevailing  rates  in the county seat of the county in which the work is to be
 34    performed.
                                                                        
 35        SECTION 4.  That Title 44, Idaho Code, be, and the same is hereby  amended
 36    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 37    ter 11, Title 44, Idaho Code, and to read as follows:
                                                                        
 38                                      CHAPTER 11
 39                                      DAY'S WORK
                                                                        
 40        44-1101.   PUBLIC WORK -- EIGHT-HOUR DAY -- EXCEPTIONS  --  WAGE  RATE  --
 41    PENALTY  FOR  FALSE CERTIFICATE. Eight (8) hours shall constitute a day's work
 42    for all laborers, workmen, mechanics or other persons now employed, or who may
 43    hereafter be employed in manual labor by or on behalf of the state  of  Idaho,
 44    or by or on behalf of any county, city, township or other municipality of this
 45    state,  except  in cases of extraordinary emergency which may arise in time of
 46    war or in cases where it may be necessary to work more than  eight  (8)  hours
 47    per calendar day for the protection of property or human life, except agricul-
 48    tural  and  domestic laborers employed by state institutions, and that no time
 49    consumed in going to and returning from work shall be a part of said eight (8)
 50    hours, and no laborer, workman, mechanic or other  person  working  less  than
                                                                        
                                           3
                                                                        
  1    eight  (8) hours per day be paid more than the proportionate rate per hour for
  2    the actual working time put in: provided, that in all such cases the laborers,
  3    workmen, mechanics or other persons so employed and working  to  exceed  eight
  4    (8)  hours per calendar day shall be paid on the basis of eight (8) hours con-
  5    stituting a day's work: provided, further, that not less    than  the  current
  6    rate  of  per  diem wages in the locality where the work is performed shall be
  7    paid to the laborers, workmen, mechanics and other persons so employed  by  or
  8    on behalf of the state of Idaho, or any county, city, township or other munic-
  9    ipality  of  this  state;  and  laborers, workmen, mechanics and other persons
 10    employed by contractors or subcontractors in the execution of  any  such  con-
 11    tract or contracts with the state of Idaho, or with any county, city, township
 12    or  other municipality thereof, shall be deemed to be employed by or on behalf
 13    of the state of Idaho, or of such county, city, township or other municipality
 14    thereof, and any person who certifies up for payment the salary  or  wages  of
 15    any laborer, workman, mechanic or other person working for the state of Idaho,
 16    or  for any county, city, township or other municipality therein, at a greater
 17    number of hours per day than the number put in at actual labor by such person,
 18    shall be guilty of a misdemeanor.
                                                                        
 19        44-1102.   CONTRACTS ON PUBLIC WORKS -- EIGHT-HOUR DAY --  EXCEPTION.  All
 20    contracts  hereafter  made  by or on behalf of the state of Idaho, or by or on
 21    behalf of any county, city, township or other municipality of this state, with
 22    any corporation, person or persons, for the performance of  any  labor  within
 23    the  state  of  Idaho,  except  agricultural and domestic laborers employed by
 24    state institutions, shall be deemed and considered as made upon the  basis  of
 25    eight  (8)  hours  constituting a day's work; and it shall be unlawful for any
 26    such corporation, person or persons to require or permit any laborer, workman,
 27    mechanic or other person to work more than eight (8) hours per calendar day in
 28    doing such work, except in the cases and upon the conditions provided in  sec-
 29    tion 44-1101, Idaho Code.
                                                                        
 30        44-1103.  PUBLIC WORKS -- PENALTIES. Any officer of the state of Idaho, or
 31    of  any  county,  city,  township or municipality of this state, or any person
 32    acting under or for such officer, or any contractor with the state  of  Idaho,
 33    or  any  county, city, township or other municipality thereof, or other person
 34    violating any of the provisions of section 44-1101  or  44-1102,  Idaho  Code,
 35    shall  for  each  offense be punished by a fine of not less than fifty dollars
 36    ($50.00) nor more than one thousand dollars ($1,000) or  by  imprisonment  not
 37    more  than six (6) months, or by both fine and imprisonment, in the discretion
 38    of the court.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 12712
                                
                                
                                
The purpose of this legislation is to ensure Idaho laborers working on Public
Works projects receive the prevailing wage and to set standards for an eight
hour workday.

Under prevailing wage law, Idaho laborers must be paid the standard wage for a
job based on the average wage for the same job in the county seat of the
county in which the work will be performed. The prevailing wage, or county
average, is available through the U.S. Department of Labor in accordance with
the Davis-Bacon Act.

Chapter 11 of this legislation states that all manual laborers on public works
projects employed by the State of Idaho or local municipalities may not be
required to work in excess of eight hours per working day, except in times of
war or other emergency, unless paid overtime for their labor. It also states
that all laborers on said projects not be paid in excess of the actual time
worked, if that time be less than eight hours, in which case their wage should
be a proportionate per hour rate.

                          FISCAL IMPACT
                                
There is no fiscal impact to the State or the general fund.


Contact
          Name:     Dave Whaley
                 Phone:    (208)321-4814
      Senator Bert Marley

STATEMENT OF PURPOSE/FISCAL NOTE                         S 1086