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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
|||| 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
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