May 15, 2018, Introduced by Rep. Howrylak and referred to the Committee on Commerce and Trade.
A bill to amend 1965 PA 166, entitled
"An act to require prevailing wages and fringe benefits on state
projects; to establish the requirements and responsibilities of
contracting agents and bidders; and to prescribe penalties,"
by amending sections 1, 2, and 3 (MCL 408.551, 408.552, and
408.553); and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Construction mechanic" means a skilled or unskilled
mechanic, laborer, worker, helper, assistant, or apprentice working
on
a state project but shall does
not include executive,
administrative, professional, office, or custodial employees.
(b) "State project" means new construction, alteration,
repair, installation, painting, decorating, completion, demolition,
conditioning, reconditioning, or improvement of public buildings,
schools, works, bridges, highways, or roads authorized by a
contracting agent.
(c) "Contracting agent" means any officer, school board, board
or
commission of the this state, or a state institution supported
in whole or in part by state funds, authorized to enter into a
contract for a state project or to perform a state project by the
direct employment of labor.
(d)
"Commissioner" means the department of labor.licensing and
regulatory affairs.
(e)
"Locality" means the county, city, village, township, or
school
district geographic region
for which a prevailing wage and
benefit rate has been determined by the United States Secretary of
Labor under 40 USC 3141 to 3148 and in which the physical work on a
state project is to be performed.
(f) "Prevailing wage and fringe benefit rate" means the
prevailing wage and fringe benefit rate for a geographic region and
construction mechanic category as determined by the United States
Secretary of Labor under 40 USC 3141 to 3148.
Sec. 2. Every contract executed between a contracting agent
and a successful bidder as contractor and entered into pursuant to
advertisement
and invitation to bid for a state project which that
requires or involves the employment of construction mechanics,
other than those subject to the jurisdiction of the state civil
service
commission, and which is sponsored or financed in whole or
in
part by the that receives
$50,000.00 or more in funding from
this
state shall contain an express term that
requiring that the
rates
of bidder pay wages and fringe benefits to be paid to each
class
of mechanics by the bidder and all of his subcontractors ,
shall
be at a rate that is not less than the applicable prevailing
wage
and fringe benefit rates prevailing in the locality in which
the
work is to be performed. Contracts on state projects which
contain
provisions requiring the payment of prevailing wages as
determined
by the United States secretary of labor pursuant to the
federal
Davis-Bacon act (United States code, title 40, section 276a
et
seq) or which contain minimum wage schedules which are the same
as
prevailing wages in the locality as determined by collective
bargaining
agreements or understandings between bona fide
organizations
of construction mechanics and their employers are
exempt
from the provisions of this act.rate.
Sec. 3. A contracting agent, before advertising for bids on a
state
project, shall have obtain
from the commissioner determine
the
prevailing rates of wages wage
and fringe benefits benefit
rates for all classes of construction mechanics called for in the
contract.
A schedule of these rates shall must
be made a part of
the
specifications for the work to be performed and shall must be
printed
on the bidding forms where if
the work is to be done by
contract.
If a contract is not awarded or construction undertaken
within
90 days of the date of the commissioner's determination of
prevailing
rates of wages and fringe benefits, the commissioner
shall
make a redetermination before the contract is awarded.
Enacting section 1. Section 4 of 1965 PA 166, MCL 408.554, is
repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.