Bill Text: IA HF28 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act requiring the payment of local prevailing wage rates to persons working on public improvements for public bodies, providing remedies and penalties, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-22 - Subcommittee reassigned: Upmeyer, Dolecheck and Hunter. H.J. 120. [HF28 Detail]
Download: Iowa-2019-HF28-Introduced.html
House
File
28
-
Introduced
HOUSE
FILE
28
BY
HUNTER
A
BILL
FOR
An
Act
requiring
the
payment
of
local
prevailing
wage
rates
to
1
persons
working
on
public
improvements
for
public
bodies,
2
providing
remedies
and
penalties,
and
including
effective
3
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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28
Section
1.
Section
84A.5,
subsection
4,
Code
2019,
is
1
amended
to
read
as
follows:
2
4.
The
division
of
labor
services
is
responsible
for
the
3
administration
of
the
laws
of
this
state
under
chapters
88
,
4
88A
,
88B
,
89
,
89A
,
89B
,
90A
,
91
,
91A
,
91C
,
91D
,
91E
,
91F,
92
,
5
and
94A
,
and
sections
73A.21
and
85.68
.
The
executive
head
of
6
the
division
is
the
labor
commissioner,
appointed
pursuant
to
7
section
91.2
.
8
Sec.
2.
Section
91.4,
subsection
2,
Code
2019,
is
amended
9
to
read
as
follows:
10
2.
The
director
of
the
department
of
workforce
development,
11
in
consultation
with
the
labor
commissioner,
shall,
at
the
12
time
provided
by
law,
make
an
annual
report
to
the
governor
13
setting
forth
in
appropriate
form
the
business
and
expense
of
14
the
division
of
labor
services
for
the
preceding
year,
the
15
number
of
remedial
actions
taken
under
chapter
89A
,
the
number
16
of
disputes
or
violations
processed
by
the
division
and
the
17
disposition
of
the
disputes
or
violations,
and
other
matters
18
pertaining
to
the
division
which
are
of
public
interest,
19
together
with
recommendations
for
change
or
amendment
of
the
20
laws
in
this
chapter
and
chapters
88
,
88A
,
88B
,
89
,
89A
,
89B
,
21
90A
,
91A
,
91C
,
91D
,
91E
,
91F,
92
,
and
94A
,
and
section
85.68
,
22
and
the
recommendations,
if
any,
shall
be
transmitted
by
the
23
governor
to
the
first
general
assembly
in
session
after
the
24
report
is
filed.
25
Sec.
3.
NEW
SECTION
.
91F.1
Short
title.
26
This
chapter
shall
be
known
and
may
be
cited
as
the
“Public
27
Improvement
Quality
Protection
Act”
.
28
Sec.
4.
NEW
SECTION
.
91F.2
Public
policy.
29
It
is
in
the
public
interest
that
public
improvements
30
are
completed
by
the
best
means
and
highest
quality
of
labor
31
reasonably
available,
and
that
workers
working
on
public
32
improvements
be
compensated
according
to
the
real
value
of
the
33
services
they
perform.
It
is
the
policy
of
this
state
that
the
34
wages
of
workers
working
on
public
improvements
should
be
at
35
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least
equal
to
the
prevailing
wage
rates
paid
for
similar
work
1
by
responsible
contractors
in
the
community
as
a
whole
in
order
2
to
accomplish
all
of
the
following:
3
1.
Protect
workers
and
their
contractors
and
subcontractors
4
from
the
effects
of
serious
and
unfair
competition
resulting
5
from
wage
levels
detrimental
to
efficiency
and
well-being.
6
2.
Ensure
that
contractors
compete
with
one
another
7
on
the
basis
of
the
ability
to
perform
work
competently
8
and
efficiently
while
maintaining
community-established
9
compensation
standards.
10
3.
Recognize
that
local
participation
in
public
11
improvements
and
family
wage
income
and
benefits
are
essential
12
to
the
protection
of
community
standards.
13
4.
Encourage
training
and
education
of
workers
to
industry
14
skills
standards.
15
5.
Encourage
contractors
and
subcontractors
to
use
funds
16
allocated
for
employee
fringe
benefits
for
the
actual
purchase
17
of
those
benefits.
18
Sec.
5.
NEW
SECTION
.
91F.3
Definitions.
19
As
used
in
this
chapter,
unless
the
context
otherwise
20
requires:
21
1.
“Commissioner”
means
the
labor
commissioner
appointed
22
pursuant
to
section
91.2.
23
2.
“Contractor”
or
“subcontractor”
means
a
person
who
24
undertakes,
offers
to
undertake,
purports
to
have
the
capacity
25
to
undertake,
or
submits
a
bid,
individually
or
through
others,
26
to
engage
in
a
public
improvement.
27
3.
“Custom
fabrication”
means
the
fabrication
of
plumbing,
28
heating,
cooling,
ventilation,
architectural
systems,
29
structural
systems,
exhaust
duct
systems,
or
mechanical
30
insulation.
31
4.
“Division”
means
the
division
of
labor
of
the
department
32
of
workforce
development.
33
5.
a.
“Fringe
benefits”
means
the
following
for
the
34
provision
or
purchase
of
any
of
the
benefits
enumerated
in
35
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paragraph
“b”
:
1
(1)
The
contribution
irrevocably
made
by
a
contractor
or
2
subcontractor
to
a
trustee
or
to
a
third
person
pursuant
to
a
3
plan,
fund,
or
program.
4
(2)
The
costs
to
the
contractor
or
subcontractor
which
5
may
be
reasonably
anticipated
in
providing
benefits
to
6
workers
pursuant
to
an
enforceable
commitment
to
carry
out
a
7
financially
responsible
plan
or
program,
given
in
writing
to
8
the
workers
affected.
9
b.
(1)
Medical
or
hospital
care.
10
(2)
Pensions
or
annuities
on
retirement
or
death.
11
(3)
Supplemental
unemployment
benefits.
12
(4)
Life
insurance.
13
(5)
Disability
and
sickness
insurance.
14
(6)
Accident
insurance
for
nonwork-related
accidents.
15
(7)
Vacation
or
holiday
pay.
16
(8)
Defraying
costs
of
apprenticeship
programs
approved
by
17
and
registered
with
the
United
States
department
of
labor’s
18
office
of
apprenticeship.
19
6.
“Interested
party”
means
any
of
the
following:
20
a.
A
contractor
who
submits
a
bid
for
the
purpose
of
21
securing
the
award
of
a
contract
for
a
public
improvement.
22
b.
A
subcontractor
of
a
contractor
mentioned
in
a
bid
23
referred
to
in
paragraph
“a”
.
24
c.
A
worker
employed
by
a
contractor
or
subcontractor
25
described
in
either
paragraph
“a”
or
“b”
.
26
d.
A
labor
organization
that
represents
workers
engaged
27
in
the
same
craft
or
classification
as
workers
employed
by
a
28
contractor
or
subcontractor
described
in
either
paragraph
“a”
29
or
“b”
and
that
exists,
in
whole
or
in
part,
for
the
purpose
30
of
negotiating
with
employers
concerning
the
wages,
hours,
or
31
terms
and
conditions
of
employment
of
employees.
32
e.
A
joint
labor-management
committee
established
pursuant
33
to
the
federal
Labor
Management
Cooperation
Act
of
1978,
29
34
U.S.C.
§175a.
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7.
“Locality”
means
a
county
of
this
state.
1
8.
“Maintenance
work”
means
the
repair
of
existing
public
2
improvements
when
the
size,
type,
or
extent
of
the
public
3
improvement
is
not
changed
or
increased.
4
9.
“Prevailing
wage
rate”
means
the
hourly
wage
plus
5
fringe
benefits
that
the
commissioner
determines
prevails
in
6
accordance
with
this
chapter,
including
all
of
the
following:
7
a.
Apprentice
ratios
and
the
prevailing
apprentice
pay
8
levels
for
each
craft,
classification,
or
type
of
worker
which
9
the
commissioner
determines
prevails
in
accordance
with
section
10
91F.5.
11
b.
A
prevailing
rate
for
overtime
pay
for
work
in
excess
12
of
the
normal
prevailing
workday
and
for
weekend
overtime
pay
13
for
each
craft,
classification,
or
type
of
worker,
including
14
apprentices.
15
c.
Holiday
pay
for
holidays
that
prevail
in
the
locality
in
16
which
the
work
is
being
performed.
17
10.
“Public
body”
means
the
state
and
any
of
its
political
18
subdivisions,
including
but
not
limited
to
a
county,
city,
19
township,
school
district,
state
board
of
regents,
and
public
20
utility.
For
the
purposes
of
this
chapter,
“public
utility”
21
includes
municipally
owned
utilities
and
municipally
owned
22
waterworks.
23
11.
a.
“Public
improvement”
means
any
of
the
following
that
24
meets
the
criteria
set
out
in
paragraphs
“b”
and
“c”
:
25
(1)
Construction,
alteration,
reconstruction,
repair,
26
rehabilitation,
refinishing,
refurbishing,
remodeling,
27
renovation,
custom
fabricating,
maintenance,
landscaping,
28
improving,
moving,
wrecking,
painting,
decorating,
or
29
demolishing
of,
or
adding
to
or
subtracting
from
any
building,
30
structure,
highway,
road,
street,
bridge,
alley,
sewer,
ditch,
31
sewage
disposal
plant,
waterworks,
parking
facility,
railroad,
32
excavation
or
other
structure,
project,
development,
or
33
improvement,
or
any
part
thereof
undertaken
by
a
public
body,
34
including
any
of
the
following
related
activities:
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(a)
The
erection
of
scaffolding
or
other
structures
or
1
works.
2
(b)
The
maintenance,
repair,
assembly,
or
disassembly
of
3
equipment.
4
(c)
The
testing
of
materials.
5
(d)
The
hauling
of
refuse
from
a
site
to
an
outside
disposal
6
location.
7
(e)
The
cleaning
of
grounds
or
structures.
8
(f)
The
addition
to
or
fabrication
into
any
structure,
9
project,
development,
or
improvement
of
any
material
or
article
10
of
merchandise
undertaken
by
a
public
body.
11
(2)
The
preparation
and
removal
of
roadway
construction
12
zones,
lane
closures,
flagging,
or
traffic
diversions
13
undertaken
by
a
public
body.
14
(3)
The
installation,
repair,
maintenance,
or
calibration
15
of
monitoring
equipment
for
underground
storage
tanks
16
undertaken
by
a
public
body.
17
(4)
Work
that
is
performed
on
any
property
or
premises
18
dedicated
exclusively
or
nearly
so
to
the
completion
of
a
19
public
improvement,
and
transportation
of
supplies,
material,
20
and
equipment
to
or
from
the
property
or
premises
undertaken
21
by
a
public
body.
22
b.
Work
on
the
public
improvement
is
performed
under
public
23
supervision
or
direction,
and
the
work
is
financed
wholly
or
24
in
part
from
public
funds,
or
if
at
the
time
of
commencement
25
of
the
public
improvement
all
of
the
following
conditions
with
26
respect
to
the
public
improvement
are
met:
27
(1)
Not
less
than
fifty-five
percent
of
the
structure
is
28
leased
by
a
public
body,
or
is
subject
to
an
agreement
to
be
29
subsequently
leased
by
a
public
body.
30
(2)
The
portion
of
the
structure
that
is
leased
or
subject
31
to
an
agreement
to
be
subsequently
leased
by
a
public
body
32
measures
more
than
twenty
thousand
square
feet.
33
c.
The
public
improvement
has
an
estimated
total
cost
that
34
exceeds
twenty-five
thousand
dollars.
35
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12.
“Worker”
means
an
individual
who
performs
any
1
labor
or
service
for
a
contractor
or
subcontractor
on
a
2
public
improvement
but
does
not
include
an
individual
when
3
transporting
a
seller,
supplier,
manufacturer,
or
processor
of
4
materials
or
equipment.
The
individual
is
deemed
an
employee
5
of
a
contractor
or
subcontractor
unless
all
of
the
following
6
apply:
7
a.
The
individual
provides
labor
or
services
free
from
the
8
direction
or
control
over
the
means
and
manner
of
providing
the
9
labor
or
services,
subject
only
to
the
right
of
the
person
for
10
whom
the
labor
or
services
are
provided
to
specify
the
desired
11
results.
12
b.
The
individual
providing
the
labor
or
services
is
13
responsible
for
obtaining
business
registrations
or
licenses
14
required
by
state
law
or
local
ordinance
to
provide
the
labor
15
or
services.
16
c.
The
individual
providing
the
labor
or
services
furnishes
17
the
tools
and
equipment
necessary
to
provide
the
labor
or
18
services.
19
d.
The
individual
providing
the
labor
or
services
has
the
20
authority
to
hire
and
fire
employees
to
perform
the
labor
or
21
services.
22
e.
Payment
for
the
labor
or
services
is
made
upon
23
completion
of
the
performance
of
specific
portions
of
a
public
24
improvement,
or
is
made
on
the
basis
of
a
periodic
retainer.
25
f.
The
individual
providing
the
labor
or
services
represents
26
to
the
public
that
the
labor
or
services
are
to
be
provided
27
by
an
independently
established
business.
An
individual
is
28
engaged
in
an
independently
established
business
when
four
or
29
more
of
the
following
circumstances
exist:
30
(1)
Labor
or
services
are
primarily
performed
at
a
location
31
separate
from
the
individual’s
residence
or
in
a
specified
32
portion
of
the
residence
that
is
set
aside
for
performing
labor
33
or
services.
34
(2)
Commercial
advertising
or
business
cards
are
purchased
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by
the
individual,
or
the
individual
is
a
member
of
a
trade
or
1
professional
association.
2
(3)
Telephone
or
electronic
mail
listings
used
by
the
3
individual
for
the
labor
or
services
are
different
from
the
4
individual’s
personal
listings.
5
(4)
Labor
or
services
are
performed
only
pursuant
to
a
6
written
contract.
7
(5)
Labor
or
services
are
performed
for
two
or
more
persons
8
or
entities
within
a
period
of
one
year.
9
(6)
The
individual
assumes
financial
responsibility
10
for
errors
and
omissions
in
the
performance
of
the
labor
or
11
services
as
evidenced
by
insurance,
performance
bonds,
and
12
warranties
relating
to
the
labor
or
services
provided.
13
Sec.
6.
NEW
SECTION
.
91F.4
Administration
——
rules.
14
1.
The
commissioner
and
the
division
shall
administer
this
15
chapter.
16
2.
The
commissioner
shall
adopt
rules
pursuant
to
chapter
17
17A
to
administer
this
chapter.
18
Sec.
7.
NEW
SECTION
.
91F.5
Determination
of
prevailing
19
wages.
20
1.
The
commissioner
shall
determine
annually
and
publish,
21
on
the
first
business
day
of
July,
the
prevailing
wage
rates
22
by
locality
for
each
craft,
classification,
or
type
of
worker
23
needed
to
perform
work
on
public
improvements.
The
rates
shall
24
be
conclusive
for
one
year
from
the
date
of
publication
unless
25
superseded
within
the
one
year
by
a
later
publication
of
the
26
commissioner,
or
for
a
longer
period
as
provided
in
subsection
27
5.
28
2.
The
commissioner
shall
announce
all
prevailing
wage
rate
29
determinations
by
locality
and
give
notice
by
posting
them
30
on
the
portion
of
the
department
of
workforce
development’s
31
internet
site
related
to
the
division.
A
printed
version
of
32
the
prevailing
wage
rates
for
the
state
shall
be
available
to
33
the
public
upon
request
to
the
division.
34
3.
The
public
body
awarding
any
contract
for
a
public
35
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improvement,
or
otherwise
undertaking
any
public
improvement,
1
shall
obtain
from
the
internet
site
the
prevailing
wage
rate
2
in
the
locality
in
which
work
on
the
public
improvement
is
3
to
be
performed
for
each
craft,
classification,
or
type
of
4
worker
needed
to
perform
work
on
the
public
improvement.
5
After
a
public
improvement
contract
is
awarded,
or
a
public
6
improvement
is
otherwise
undertaken,
the
prevailing
wage
7
rate
published
by
the
commissioner
and
stated
in
the
public
8
body’s
public
improvement
procurement
documents
shall
remain
9
in
effect
throughout
the
duration
of
the
public
improvement
10
unless
superseded
by
a
later
determination
and
publication
by
11
the
commissioner,
or
unless
multiyear
prevailing
wage
rates
12
have
been
published
by
the
commissioner
at
the
time
the
public
13
improvement
procurement
documents
were
released.
14
4.
a.
In
determining
the
annual
prevailing
wage
rate
15
for
any
craft,
classification,
or
type
of
worker,
the
16
commissioner
shall
ascertain
and
consider
the
applicable
17
wage
rates
and
fringe
benefits
established
by
collective
18
bargaining
agreements,
the
prevailing
wage
rate
determinations
19
that
may
exist
for
federal
public
improvements
within
the
20
locality,
and
other
data
obtained
by
the
department
during
any
21
prevailing
wage
rate
survey
of
contractors
who
participate
in
22
an
apprenticeship
program
approved
by
and
registered
with
the
23
United
States
department
of
labor’s
office
of
apprenticeship,
24
who
provide
health
insurance
and
retirement
benefits
for
their
25
workers,
and
who
are
registered
with
the
division.
Based
26
upon
these
considerations,
the
commissioner
shall
calculate
27
the
prevailing
wage
rates
based
on
the
wage
rate
plus
fringe
28
benefits
most
often
occurring
for
each
craft,
classification,
29
or
other
type
of
worker
within
each
locality.
30
b.
The
minimum
annual
prevailing
wage
rate
determination
31
established
by
the
department
shall
not
be
lower
than
the
32
prevailing
wage
rate
determination
that
may
exist
for
federal
33
public
improvements
within
the
locality
and
in
the
nearest
34
labor
market
area.
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c.
None
of
the
fringe
benefits
enumerated
in
this
chapter
1
may
be
considered
in
the
determination
of
prevailing
wage
2
rates
if
the
contractor
or
subcontractor
is
required
by
other
3
federal,
state,
or
local
law
to
provide
such
fringe
benefits.
4
5.
If
the
commissioner
determines
that
the
prevailing
5
wage
rate
for
any
craft,
classification,
or
type
of
worker
6
is
the
rate
established
by
a
collective
bargaining
agreement
7
applicable
in
the
locality,
the
commissioner
may
adopt
that
8
rate
by
reference
and
that
determination
shall
be
effective
9
for
the
life
of
the
agreement
or
until
the
commissioner
adopts
10
another
rate.
11
6.
a.
At
any
time
within
fifteen
days
after
the
division
12
has
published
on
the
department
of
workforce
development’s
13
internet
site
the
annual
prevailing
wage
rates
for
each
14
classification,
craft,
or
other
type
of
worker
in
the
locality,
15
any
interested
person
affected
may
object
to
the
determination
16
or
the
part
of
the
determination
as
the
interested
person
17
may
deem
objectionable
by
filing
a
written
notice
with
the
18
commissioner
by
restricted
certified
mail
as
defined
in
19
section
618.15.
When
objecting
to
a
prevailing
wage
rate
20
determination,
the
interested
person
shall
submit,
as
a
21
part
of
the
written
notice,
the
prevailing
wage
rate
the
22
interested
person
believes
to
be
the
correct
prevailing
wage
23
rate
determination,
stating
the
specific
grounds
to
support
24
that
position.
Upon
receipt
of
the
notice
of
objection,
the
25
commissioner
shall
reconsider
the
determination
and
shall
26
affirm
or
modify
the
determination
and
reply
in
writing
by
27
restricted
certified
mail
to
the
interested
person
within
28
fifteen
days
from
the
date
of
the
receipt
of
the
notice
of
29
objection.
Any
modification
to
the
prevailing
wage
rate
30
determination
shall
be
effective
on
the
date
the
modification
31
is
published
by
the
commissioner.
32
b.
If
the
commissioner
declines
to
modify
the
determination,
33
within
ten
days
upon
receiving
receipt
of
the
commissioner’s
34
decision,
the
interested
person
affected
may
submit
in
writing
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the
objection
to
the
division
by
restricted
certified
mail,
1
stating
the
specified
grounds
of
the
objection.
The
department
2
of
inspections
and
appeals
shall
be
notified
of
the
objection
3
and
set
a
date
for
a
hearing
before
an
administrative
law
judge
4
on
the
objection,
after
giving
notice
by
restricted
certified
5
mail
to
the
interested
person
and
the
division
at
least
ten
6
days
before
the
date
of
the
hearing
of
the
time
and
place
of
7
the
hearing.
The
hearing
shall
be
held
within
forty-five
days
8
after
the
objection
is
filed,
and
shall
not
be
postponed
or
9
reset
for
a
later
date
except
upon
the
consent,
in
writing,
of
10
the
interested
person
and
the
division.
11
7.
The
party
requesting
a
hearing
shall
have
the
burden
of
12
establishing
that
the
annual
prevailing
wage
rate
determination
13
for
that
locality
was
not
determined
in
accordance
with
this
14
chapter.
If
the
party
requesting
a
hearing
under
this
section
15
objects
to
the
commissioner’s
failure
to
include
a
craft,
16
classification,
or
type
of
worker
within
the
annual
prevailing
17
wage
rate
determination
in
the
locality,
the
objector
shall
18
have
the
burden
of
establishing
that
there
is
no
existing
19
prevailing
wage
rate
classification
for
the
particular
craft,
20
classification,
or
type
of
worker
in
any
of
the
localities
21
under
consideration.
22
8.
The
administrative
law
judge
may
in
the
administrative
23
law
judge’s
discretion
hear
each
written
objection
filed
24
separately
or
consolidate
for
hearing
any
one
or
more
written
25
objections
filed
with
the
division.
At
the
hearing,
the
26
division
shall
introduce
into
evidence
the
investigation
it
27
instituted
which
formed
the
basis
of
its
determination,
and
the
28
division
or
any
interested
objectors
may
introduce
evidence
29
that
is
material
to
the
determination.
The
administrative
30
law
judge
shall
rule
upon
each
written
objection
and
make
a
31
final
determination,
as
the
administrative
law
judge
believes
32
the
evidence
warrants,
and
promptly
serve
a
copy
of
the
final
33
determination
by
personal
service
or
restricted
certified
mail
34
on
all
parties
to
the
proceedings.
The
administrative
law
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judge
shall
render
a
final
determination
within
thirty
days
1
after
the
conclusion
of
the
hearing.
2
9.
If
proceedings
to
review
judicially
the
final
3
determination
of
the
administrative
law
judge
are
not
4
instituted
as
provided
in
this
section,
the
determination
5
shall
be
final
and
binding.
The
provisions
of
section
17A.19
6
shall
apply
to
and
govern
all
proceedings.
Appeals
from
all
7
final
orders
and
judgments
entered
by
the
court
in
review
of
8
the
final
determination
of
the
administrative
law
judge
may
be
9
taken
by
any
party
to
the
action.
In
all
reviews
or
appeals
10
under
this
chapter,
the
attorney
general
shall
represent
the
11
division
and
defend
its
determination.
12
10.
This
section
does
not
give
reason
or
provide
cause
for
13
an
injunction
to
halt
or
delay
any
public
improvement.
14
Sec.
8.
NEW
SECTION
.
91F.6
Payment
of
prevailing
wages
15
required.
16
1.
Contractors
and
subcontractors
engaged
in
a
public
17
improvement
shall
pay
not
less
than
the
current
specified
18
prevailing
wage
rates
to
all
of
their
workers
engaged
in
the
19
public
improvement.
However,
this
chapter
does
not
prohibit
20
the
payment
of
more
than
the
prevailing
wage
rate
to
any
21
workers
engaged
in
a
public
improvement.
22
2.
All
contractors
and
subcontractors
required
to
pay
the
23
prevailing
wage
rate
under
this
chapter
shall
pay
the
wages
24
in
legal
tender,
without
any
deduction
for
food,
sleeping
25
accommodations,
transportation,
use
of
tools
or
safety
26
equipment,
vehicle
or
equipment
rental,
or
any
other
thing
of
27
any
kind
or
description.
28
Sec.
9.
NEW
SECTION
.
91F.7
Requirements
for
public
29
improvements.
30
1.
The
public
body
awarding
a
contract
for
a
public
31
improvement
or
otherwise
undertaking
a
public
improvement
shall
32
specify
in
the
call
for
bids
for
the
contract
that
this
chapter
33
applies
to
the
public
improvement.
34
2.
If
a
public
improvement
requires
the
payment
of
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prevailing
wage
rates,
the
public
body
shall
require
the
1
contractor
to
execute
a
written
instrument
that
not
less
2
than
the
prevailing
wage
rate
shall
be
paid
to
all
workers
3
performing
work
on
the
public
improvement.
The
written
4
instrument
shall
also
contain
a
provision
that
if
it
is
found
5
that
any
of
the
contractor’s
workers
engaged
in
the
public
6
improvement
have
been
paid
at
a
wage
rate
less
than
the
7
prevailing
wage
rate
required
by
this
chapter,
the
public
body
8
may
terminate
the
contractor’s
right
to
proceed
with
the
work
9
and
the
contractor
and
its
sureties
shall
be
liable
to
the
10
public
body
for
any
excess
costs
occasioned
by
the
failure
to
11
pay
the
prevailing
wage
rate.
The
written
instrument
shall
12
have
attached
a
list
of
the
specified
prevailing
wage
rates
13
for
all
crafts,
classifications,
or
types
of
workers
in
the
14
locality
for
each
worker
needed
to
be
included
in
the
contract
15
for
the
public
improvement.
16
3.
If
a
contract
is
let
for
a
public
improvement
requiring
17
the
payment
of
prevailing
wage
rates,
the
public
body
18
awarding
the
contract
shall
cause
to
be
inserted
in
the
public
19
improvement
specifications
and
contract
a
stipulation
that
20
not
less
than
the
prevailing
wage
rate
shall
be
paid
to
all
21
workers
performing
work
under
the
contract.
The
contract
22
shall
also
contain
a
provision
to
the
effect
that
if
it
is
23
found
that
any
of
the
contractor’s
workers
engaged
in
the
24
public
improvement
have
been
paid
at
a
wage
rate
less
than
the
25
prevailing
wage
rate
required
by
this
chapter,
the
public
body
26
may
terminate
the
contractor’s
right
to
proceed
with
the
work
27
and
the
contractor
and
its
sureties
shall
be
liable
to
the
28
public
body
for
any
excess
costs
occasioned
by
the
failure
to
29
pay
the
prevailing
wage
rate.
All
bid
specifications
shall
30
list
the
specified
prevailing
wage
rates
for
all
crafts,
31
classifications,
or
types
of
workers
in
the
locality
for
each
32
worker
needed
to
be
included
in
the
contract.
33
4.
If
a
public
improvement
requires
the
payment
of
34
prevailing
wage
rates,
the
contractor
shall
require
any
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subcontractors
engaged
by
the
contractor
on
the
public
1
improvement
to
execute
a
written
instrument
that
not
less
2
than
the
prevailing
wage
rates
shall
be
paid
to
all
workers
3
performing
work
on
the
public
improvement.
The
written
4
instrument
shall
also
contain
a
provision
that
if
it
is
5
found
that
any
of
the
subcontractor’s
workers
engaged
in
the
6
public
improvement
have
been
paid
at
a
wage
rate
less
than
the
7
prevailing
wage
rate
required
by
this
chapter,
the
public
body
8
may
terminate
the
subcontractor’s
right
to
proceed
with
the
9
work
and
the
subcontractor
and
its
sureties
shall
be
liable
to
10
the
public
body
for
any
excess
costs
occasioned
by
the
failure
11
to
pay
the
prevailing
wage
rate.
The
written
instrument
shall
12
have
attached
a
list
of
the
specified
prevailing
wage
rates
13
for
all
crafts,
classifications,
or
types
of
workers
in
the
14
locality
for
each
worker
needed
to
be
included
in
the
contract.
15
5.
If
a
subcontract
is
let
for
a
public
improvement
16
requiring
the
payment
of
the
prevailing
wage
rate,
the
17
contractor
to
whom
the
contract
is
awarded
shall
insert
18
into
the
subcontract
and
into
the
public
improvement
project
19
specifications
for
each
subcontract
a
written
stipulation
that
20
not
less
than
the
prevailing
wage
rate
shall
be
paid
to
all
21
workers
performing
work
under
the
subcontract.
A
subcontractor
22
shall
insert
into
each
lower-tiered
subcontract
a
stipulation
23
that
not
less
than
the
prevailing
wage
rate
shall
be
paid
24
to
all
workers
performing
work
under
the
subcontract.
The
25
subcontract
shall
also
contain
a
provision
that
if
it
is
26
found
that
any
of
the
subcontractor’s
workers
engaged
in
the
27
public
improvement
have
been
paid
at
a
wage
rate
less
than
the
28
prevailing
wage
rate
required
by
this
chapter,
the
public
body
29
may
terminate
the
subcontractor’s
right
to
proceed
with
the
30
work
and
the
subcontractor
and
its
sureties
shall
be
liable
to
31
the
public
body
for
any
excess
costs
occasioned
by
the
failure
32
to
pay
the
prevailing
wage
rate.
All
bid
specifications
shall
33
list
the
specified
prevailing
wage
rates
for
all
crafts,
34
classifications,
or
types
of
workers
in
the
locality
for
each
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worker
needed
to
be
included
in
the
subcontract.
1
6.
A
contractor
or
subcontractor
engaging
in
a
public
2
improvement
shall
submit
a
performance
bond
in
an
amount
3
determined
by
the
public
body
which
bond
shall
include
a
4
provision
that
will
guarantee
the
payment
of
the
prevailing
5
wage
rates
as
required
by
the
contract.
6
7.
Before
final
payment
is
made
by
or
on
behalf
of
a
public
7
body
of
any
sum
or
sums
due
on
a
public
improvement,
the
8
treasurer
of
the
public
body
or
other
officer
or
person
charged
9
with
the
custody
and
disbursement
of
the
funds
of
the
public
10
body
shall
require
the
contractor
and
subcontractor
to
file
a
11
written
statement
with
the
public
body,
in
a
form
satisfactory
12
to
the
division,
certifying
to
the
amounts
then
due
and
owing
13
from
the
contractor
and
subcontractor
to
any
and
all
workers
14
for
wages
due
on
account
of
the
public
improvement,
setting
15
forth
the
names
of
the
persons
whose
wages
are
unpaid
and
16
the
amount
due
to
each
respectively.
The
statement
shall
be
17
verified
by
the
oath
of
the
contractor
or
subcontractor,
as
the
18
case
may
be,
that
the
contractor
or
subcontractor
has
read
the
19
statement
certified
by
the
contractor
or
subcontractor,
knows
20
the
contents,
and
that
the
statement
is
true
in
accordance
with
21
the
contractor’s
or
subcontractor’s
own
knowledge.
However,
22
this
chapter
shall
not
impair
the
right
of
a
contractor
to
23
receive
final
payment
from
a
public
body
because
of
the
failure
24
of
a
subcontractor
to
comply
with
provisions
of
this
chapter.
25
The
treasurer
of
the
public
body
or
other
officer
or
person
26
charged
with
the
custody
and
disbursement
of
the
funds
of
the
27
public
body
shall
withhold
the
amount,
if
any,
listed
on
the
28
verified
statement
filed
pursuant
to
this
section
for
the
29
benefit
of
the
worker
whose
wages
are
unpaid
as
shown
by
the
30
verified
statement
filed
by
the
contractor
or
subcontractor,
31
and
the
public
body
shall
pay
directly
to
any
worker
the
amount
32
shown
by
the
statement
to
be
due
to
the
worker
for
the
wages.
33
Payment
shall
discharge
the
obligation
of
the
contractor
or
34
subcontractor
to
the
person
receiving
the
payment
to
the
extent
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of
the
amount
of
the
payment.
1
8.
The
public
body
awarding
a
contract
for
a
public
2
improvement
or
otherwise
undertaking
a
public
improvement
shall
3
notify
the
commissioner
in
writing,
on
a
form
prescribed
by
4
the
commissioner,
if
a
contract
subject
to
the
provisions
of
5
this
chapter
has
been
awarded.
The
public
body
shall
file
6
the
notification
with
the
commissioner
within
thirty
days
7
after
the
contract
is
awarded
or
before
commencement
of
the
8
public
improvement,
and
shall
include
a
list
of
all
first-tier
9
subcontractors.
10
Sec.
10.
NEW
SECTION
.
91F.8
Federal
public
improvements
11
——
not
applicable.
12
The
provisions
of
this
chapter
shall
not
be
applicable
13
to
public
improvements
financed
entirely
by
federal
funds
14
which
require
a
prevailing
wage
rate
determination
by
the
15
United
States
department
of
labor.
However,
unless
a
federal
16
provision
applies,
if
a
public
improvement
is
financed
in
part
17
by
a
public
body
and
in
part
by
federal
funds,
the
higher
of
the
18
prevailing
wage
rates
shall
prevail
for
the
public
improvement.
19
Sec.
11.
NEW
SECTION
.
91F.9
Records
required.
20
1.
While
participating
in
a
public
improvement,
the
21
contractor
and
each
subcontractor
shall
do
all
of
the
22
following:
23
a.
Make
and
keep,
for
a
period
of
not
less
than
three
years,
24
accurate
records
of
all
workers
employed
by
the
contractor
or
25
subcontractor
on
the
public
improvement.
The
records
shall
26
include
each
worker’s
name,
address,
telephone
number
when
27
available,
social
security
number,
trade
classification,
the
28
hourly
wages
paid
in
each
pay
period,
the
number
of
hours
29
worked
each
day,
and
the
starting
and
ending
times
of
work
each
30
day.
31
b.
Submit
weekly
a
certified
payroll
to
the
public
body
32
in
charge
of
the
public
improvement.
The
certified
payroll
33
shall
consist
of
a
complete
copy
of
the
records
identified
in
34
paragraph
“a”
.
The
certified
payroll
shall
be
accompanied
by
a
35
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statement
signed
by
the
contractor
or
subcontractor
which
avers
1
that
the
records
are
true
and
accurate
and
the
hourly
wages
2
paid
to
each
worker
are
not
less
than
the
prevailing
wage
rate
3
required
by
this
chapter.
4
2.
The
public
body
in
charge
of
the
public
improvement
5
shall
keep
the
records
submitted
in
accordance
with
subsection
6
1,
paragraph
“b”
,
for
a
period
of
not
less
than
three
years.
7
The
records
shall
be
considered
public
records
and
be
made
8
available
in
accordance
with
chapter
22.
Personal
information
9
submitted
in
accordance
with
subsection
1,
paragraph
“a”
,
10
including
names,
addresses,
social
security
numbers,
telephone
11
numbers,
and
other
identifying
information
shall
remain
12
confidential
and
shall
not
be
made
public.
13
3.
The
contractor
and
each
subcontractor
shall
make
14
available
for
inspection
the
records
identified
in
subsection
15
1,
paragraph
“a”
,
to
the
public
body
in
charge
of
the
public
16
improvement,
its
officers
and
agents,
and
to
the
division.
17
4.
For
the
purpose
of
verifying
the
accuracy
of
the
records
18
submitted
pursuant
to
this
section,
the
contractor
and
each
19
subcontractor
shall
make
its
workers
available
at
the
site
of
20
the
public
improvement
for
interview
by
the
public
body
in
21
charge
of
the
public
improvement,
its
officers
and
agents,
and
22
the
division.
23
5.
Contractors
and
subcontractors
performing
work
on
public
24
improvements
subject
to
this
chapter
shall
post
the
prevailing
25
wage
rates
for
each
craft,
classification,
or
type
of
workers
26
involved
in
the
public
improvement
in
a
prominent
and
easily
27
accessible
place
at
the
site
of
the
public
improvement
or
at
28
the
place
or
places
used
by
the
contractor
or
subcontractor
to
29
pay
workers
their
wages.
30
Sec.
12.
NEW
SECTION
.
91F.10
Powers
of
commissioner.
31
The
commissioner
shall
do
all
of
the
following:
32
1.
Inquire
diligently
about
any
complaint
of
a
violation
of
33
this
chapter,
institute
actions
for
penalties
prescribed,
and
34
enforce
generally
the
provisions
of
this
chapter.
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2.
Sue
for
injunctive
relief
against
the
awarding
of
a
1
contract,
the
undertaking
of
a
public
improvement,
or
the
2
continuation
of
a
public
improvement
when
the
prevailing
wage
3
rate
requirements
of
this
chapter
have
not
been
met.
4
3.
Investigate
and
ascertain
the
wages
of
workers
engaged
in
5
any
public
improvement
in
this
state.
6
4.
a.
Enter
and
inspect
the
place
of
business
or
employment
7
of
a
contractor,
subcontractor,
or
workers
employed
on
a
public
8
improvement
in
this
state,
for
the
purpose
of
examining
and
9
inspecting
books,
registers,
payrolls,
and
other
records
of
a
10
contractor
or
subcontractor
that
in
any
way
relate
to
or
have
a
11
bearing
upon
the
question
of
wages,
hours,
and
other
conditions
12
of
employment
of
workers
covered
under
this
chapter.
13
b.
Copy
the
books,
registers,
payrolls,
and
other
14
records
as
the
commissioner
or
the
commissioner’s
authorized
15
representative
deems
necessary
or
appropriate.
16
c.
Question
the
workers
for
the
purpose
of
ascertaining
17
whether
the
provisions
of
this
chapter
have
been
and
are
being
18
complied
with.
19
d.
Administer
oaths,
take
or
cause
to
be
taken
depositions
20
of
witnesses,
and
require
by
subpoena
the
attendance
and
21
testimony
of
witnesses
and
the
production
of
all
books,
22
registers,
payrolls,
and
other
evidence
relative
to
the
matter
23
under
investigation
or
hearing.
24
5.
Require
from
a
contractor
or
subcontractor
full
and
25
correct
statements
in
writing,
including
sworn
statements,
26
with
respect
to
wages,
hours,
names,
addresses,
and
other
27
information
pertaining
to
its
workers
and
their
employment,
28
as
the
commissioner
or
the
commissioner’s
authorized
29
representative
may
deem
necessary
or
appropriate.
30
6.
Require
a
contractor
or
subcontractor
to
file,
within
31
ten
days
of
receipt
of
a
request,
any
records
enumerated
in
32
subsection
4,
sworn
as
to
their
validity
and
accuracy
as
33
required
by
subsection
5.
If
the
contractor
or
subcontractor
34
fails
to
provide
the
requested
records
within
ten
days,
the
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commissioner
may
direct,
within
fifteen
days
after
the
end
1
of
the
ten-day
period,
that
the
fiscal
or
financial
officer
2
charged
with
the
custody
and
disbursements
of
the
funds
of
the
3
public
body,
which
contracted
for
construction
of
the
public
4
improvement
or
undertook
the
public
improvement,
to
immediately
5
withhold
from
payment
to
the
contractor
or
subcontractor
6
up
to
twenty-five
percent
of
the
amount
to
be
paid
to
the
7
contractor
or
subcontractor
under
the
terms
of
the
contract
8
or
written
instrument
under
which
the
public
improvement
is
9
being
performed.
The
amount
withheld
shall
be
immediately
10
released
upon
receipt
by
the
public
body
of
a
notice
from
11
the
commissioner
indicating
that
the
request
for
records
as
12
required
by
this
section
has
been
satisfied.
13
7.
If
a
contractor
or
subcontractor
fails
to
provide
14
requested
records
in
accordance
with
subsection
6
within
ten
15
days,
direct,
within
fifteen
days
after
the
end
of
the
ten-day
16
period,
the
fiscal
or
financial
officer
charged
with
the
17
custody
and
disbursements
of
the
funds
of
the
public
body,
18
which
contracted
for
construction
of
the
public
improvement
or
19
undertook
the
public
improvement,
to
pay
directly
to
workers
20
employed
by
the
contractor
or
subcontractor
from
the
amount
21
withheld
from
the
contractor
or
subcontractor
pursuant
to
22
subsection
6
any
prevailing
wage
rates
found
to
be
due
and
23
payable
to
the
workers.
24
8.
Contract
with
a
person
registered
as
a
public
accountant
25
under
chapter
542
to
conduct
an
audit
of
a
contractor,
26
subcontractor,
or
public
body.
27
Sec.
13.
NEW
SECTION
.
91F.11
Notice
of
violations.
28
1.
For
purposes
of
this
section:
29
a.
“Accurate
records”
means
the
payroll
records
required
30
to
be
submitted
to
the
public
body
in
charge
of
the
public
31
improvement
by
section
91F.9.
“Accurate
records”
also
means
the
32
hourly
rate
of
contribution
and
costs
paid
for
fringe
benefits
33
and
whether
the
contributions
and
costs
of
the
fringe
benefits
34
were
paid
into
a
fund
or
paid
directly
to
the
worker.
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b.
“Decision”
means
a
determination
by
the
division
that
a
1
single
violation
of
this
chapter
has
occurred,
warranting
the
2
commissioner
to
issue
a
notice
of
violation
to
a
contractor
or
3
subcontractor.
4
c.
“Notice
of
second
violation”
is
a
formal
written
notice
5
issued
by
the
division
advising
a
contractor
or
subcontractor
6
that
a
second
or
subsequent
violation
has
occurred
within
three
7
years
from
the
date
of
the
notice
of
a
first
violation.
8
d.
“Notice
of
violation”
means
a
formal
written
notice
9
issued
by
the
division
to
a
contractor
or
subcontractor
10
that
the
division
has
made
a
decision
that
the
contractor
or
11
subcontractor
has
violated
this
chapter.
12
e.
“Violation”
means
that
a
contractor
or
subcontractor
has
13
done
one
of
the
following:
14
(1)
Failed
or
refused
to
pay
the
prevailing
wage
rate
to
one
15
or
more
workers
as
required
by
this
chapter.
16
(2)
Failed
to
keep
accurate
records
as
required
by
this
17
chapter.
18
(3)
Failed
to
produce
for
the
division
accurate
records
or
19
produced
records
not
in
compliance
with
this
chapter.
20
(4)
Refused
to
submit
records
or
testimony
to
the
division
21
in
response
to
a
subpoena
issued
in
accordance
with
this
22
chapter.
23
(5)
Refused
to
comply
with
the
certified
payroll
provision
24
of
section
91F.9.
25
(6)
Refused
the
division
access,
at
any
reasonable
hour
at
26
a
location
within
the
state,
to
inspect
the
contractor’s
or
27
subcontractor’s
records
as
required
by
this
chapter.
28
(7)
Failed
to
insert
into
each
subcontract
or
lower-tiered
29
subcontract
and
into
the
public
improvement
specifications
30
for
each
subcontract
or
lower-tiered
subcontract
or
provide
a
31
written
instrument
if
no
contract
exists,
a
written
stipulation
32
that
not
less
than
the
prevailing
wage
rate
be
paid
as
required
33
by
this
chapter,
and
a
statement
that
if
it
is
found
that
a
34
subcontractor’s
workers
engaged
in
the
public
improvement
have
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been
paid
at
a
rate
of
wages
less
than
the
prevailing
wage
rate
1
required
to
be
paid
by
the
contract,
the
public
body
shall
2
terminate
the
subcontractor’s
right
to
proceed
with
the
work.
3
(8)
Failed
to
obtain
a
bond
in
the
proper
amount
that
4
guarantees
the
payment
of
the
prevailing
wage
rates
required
in
5
the
contract.
6
(9)
Failed
to
post
the
prevailing
wage
rates
as
required
by
7
this
chapter.
8
2.
After
receipt
of
a
complaint
or
on
the
division’s
9
initiative,
the
commissioner
shall
review
the
investigative
10
file
to
determine
whether
a
violation
has
occurred
for
11
which
the
contractor
or
subcontractor
must
be
given
notice.
12
All
information
and
observations
made
during
an
audit
or
13
investigation
shall
be
considered
and
shall
constitute
the
14
basis
for
the
division’s
decision
that
this
chapter
has
15
been
violated
and
that
a
notice
of
violation
is
required
16
to
be
issued.
The
notice
of
violation
shall
identify
the
17
specific
violation
and
the
amount
of
moneys
estimated
due
the
18
division
and
in
controversy
based
on
reasons
contained
in
the
19
investigative
file.
20
3.
In
making
a
decision
that
a
contractor
or
subcontractor
21
has
failed
to
allow
the
commissioner
access
to
accurate
22
records,
the
commissioner
shall
rely
on
the
information
23
contained
in
the
investigative
file,
the
certified
payroll
24
records
submitted
to
the
public
body
in
charge
of
the
public
25
improvement
or
any
other
information,
and
shall
assess
a
26
separate
violation
for
each
day
worked
by
each
worker
on
the
27
public
improvement.
Each
decision
of
a
separate
violation
28
shall
be
listed
in
the
notice
of
violation.
29
4.
In
determining
that
this
chapter
has
been
violated
and
30
that
the
issuance
of
a
notice
of
violation
is
required,
the
31
commissioner
shall
base
the
decision
on
one
or
any
combination
32
of
the
following
reasons:
33
a.
The
severity
of
the
violation,
which
includes
the
34
following:
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(1)
The
amount
of
wages
that
are
determined
to
be
underpaid
1
pursuant
to
this
chapter.
2
(2)
The
activity
or
conduct
complained
of
that
violates
the
3
requirements
of
this
chapter
and
was
not
merely
a
technical,
4
nonsubstantive
error.
Examples
of
a
technical
error
include
5
but
are
not
limited
to
a
mathematical
error,
bookkeeping
error,
6
transposition
of
numbers,
or
computer
or
programming
error.
7
b.
The
nature
and
duration
of
the
present
violation
and
the
8
prior
history
of
the
contractor
or
subcontractor
related
to
9
this
history.
The
prior
history
considered
shall
not
exceed
10
seven
years
before
the
date
of
the
notice
of
violation.
11
c.
Whether
the
contractor
or
subcontractor
submitted
12
certified
payroll
records
with
the
public
body
in
charge
of
the
13
public
improvement;
whether
the
contractor
or
subcontractor
14
has
kept
payroll
records
and
accurate
records
for
three
years;
15
and
whether
the
contractor
or
subcontractor
produced
certified
16
payroll
records
in
accordance
with
section
91F.9.
17
d.
Whether
the
contractor
or
subcontractor
has
violated
any
18
other
provision
of
this
chapter.
19
5.
The
notices
of
the
first,
second,
and
subsequent
20
violations
shall
be
sent
by
restricted
certified
mail,
21
addressed
to
the
last
known
address
of
the
contractor
or
22
subcontractor
involved.
The
notices
shall
contain
a
reference
23
to
the
specific
provisions
of
this
chapter
alleged
to
have
been
24
violated,
identify
the
particular
public
improvement
involved,
25
identify
the
conduct
complained
of,
and
identify
whether
the
26
notice
is
a
notice
of
a
first,
second,
or
subsequent
violation,
27
and
include
a
contractor’s
or
subcontractor’s
statement
of
28
liabilities.
29
Sec.
14.
NEW
SECTION
.
91F.12
Violations
——
remedies
and
30
penalties.
31
1.
If
the
commissioner
determines
that
a
public
body
has
32
divided
a
public
improvement
into
more
than
one
contract
for
33
the
purpose
of
avoiding
compliance
with
this
chapter,
the
34
commissioner
shall
issue
an
order
compelling
compliance.
In
35
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28
making
a
determination
whether
a
public
body
has
divided
a
1
public
improvement
into
more
than
one
contract
for
the
purpose
2
of
avoiding
compliance
with
this
chapter,
the
commissioner
3
shall
consider
all
of
the
following:
4
a.
The
physical
separation
of
the
public
improvement
5
structures
or
work.
6
b.
The
timing
of
the
work
on
the
public
improvement
phases
7
or
structures.
8
c.
The
continuity
of
public
improvement
contractors
and
9
subcontractors
working
on
public
improvement
parts
or
phases.
10
d.
The
manner
in
which
the
public
body
and
the
contractor
11
and
subcontractors
administer
and
implement
work
on
the
public
12
improvement.
13
2.
A
worker
employed
by
the
contractor
or
subcontractor
who
14
is
paid
less
than
the
specified
prevailing
wage
rate
under
this
15
chapter
shall
have
a
private
right
of
action
for
the
difference
16
between
the
amount
so
paid
and
the
specified
prevailing
wage
17
rate,
together
with
costs
and
reasonable
attorney
fees
as
shall
18
be
allowed
by
the
court.
19
3.
The
contractor
or
subcontractor
shall
additionally
be
20
liable
to
the
division
for
fifty
percent
of
the
amount
of
21
underpayments
and
shall
be
additionally
liable
to
the
worker
22
for
punitive
damages
in
an
amount
equal
to
five
percent
of
the
23
liability
to
the
division
for
underpayments
for
each
month
24
following
the
date
of
payment
during
which
underpayments
remain
25
unpaid,
together
with
costs
and
reasonable
attorney
fees
as
26
shall
be
allowed
by
the
court.
27
4.
If
a
second
or
subsequent
action
to
recover
underpayments
28
is
brought
against
a
contractor
or
subcontractor
within
a
29
three-year
period
and
the
contractor
or
subcontractor
is
30
found
liable
for
underpayments
to
a
worker,
the
contractor
or
31
subcontractor
shall
be
liable
to
the
division
for
seventy-five
32
percent
of
the
amount
of
underpayments
payable
as
a
result
of
33
the
second
or
subsequent
action,
additionally
liable
to
the
34
worker
for
ten
percent
of
the
amount
of
the
liability
to
the
35
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division
for
underpayments
for
each
month
following
the
date
1
of
payment
during
which
the
underpayments
remain
unpaid,
and
2
further
liable
to
the
worker
for
triple
the
difference
between
3
the
amount
so
paid
to
the
worker
and
the
specified
prevailing
4
wage
rate
required,
together
with
costs
and
reasonable
attorney
5
fees
as
shall
be
allowed
by
the
court.
The
three-year
period
6
begins
to
run
from
the
date
the
contractor
or
subcontractor
is
7
determined
liable
for
the
first
violation.
8
5.
The
commissioner
and
any
interested
party
shall
also
9
have
a
right
of
action
on
behalf
of
a
worker
who
has
a
right
of
10
action
under
this
chapter.
An
action
brought
to
recover
the
11
same
shall
be
deemed
to
be
a
suit
for
wages,
and
all
judgments
12
entered
in
the
action
shall
have
the
same
force
and
effect
as
13
other
judgments
for
wages.
At
the
request
of
a
worker
employed
14
by
a
contractor
or
subcontractor
who
is
paid
less
than
the
15
prevailing
wage
rate
required
by
this
chapter,
the
commissioner
16
may
take
an
assignment
of
the
wage
claim
in
trust
for
the
17
assigning
worker
and
may
bring
any
legal
action
necessary
to
18
collect
the
claim,
and
the
contractor
or
subcontractor
shall
19
be
required
to
pay
the
expenses
of
the
division
incurred
in
20
collecting
the
claim.
21
6.
In
circumstances
where
a
worker
may
not
be
available
to
22
receive
a
payment
or
judgment,
the
payment
due
the
worker
shall
23
revert
to
the
division
after
one
year
elapses
from
the
time
24
payment
was
attempted
to
be
made
or
judgment
was
rendered.
25
7.
a.
It
is
a
violation
of
this
chapter
to
do
any
of
the
26
following:
27
(1)
To
request
or
demand,
either
before
or
after
the
worker
28
is
engaged
in
a
public
improvement,
that
a
worker
pay
back,
29
return,
donate,
contribute,
or
give
any
part
or
all
of
the
30
worker’s
wages,
salary,
or
thing
of
value,
to
any
person,
upon
31
the
statement,
representation,
or
understanding
that
failure
to
32
comply
with
the
request
or
demand
will
prevent
the
worker
from
33
procuring
or
retaining
employment.
34
(2)
To
directly
or
indirectly
pay,
request,
or
authorize
any
35
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other
person
to
violate
this
chapter.
1
b.
This
subsection
does
not
apply
to
an
agent
or
2
representative
of
a
duly
constituted
labor
organization
acting
3
in
the
collection
of
dues
or
assessments
of
the
organization.
4
8.
In
addition
to
other
penalties
provided
under
this
5
chapter,
whoever
induces
a
worker
working
on
a
public
6
improvement
subject
to
this
chapter
to
give
up
or
forego
7
any
part
of
the
prevailing
wage
rates
to
which
the
worker
8
is
entitled
under
this
chapter
by
threat
not
to
employ
9
or
by
threat
of
dismissal
from
employment
is
guilty
of
a
10
serious
misdemeanor.
An
agreement
between
the
worker
and
the
11
contractor
or
subcontractor
to
work
for
less
than
the
specified
12
prevailing
wage
rate
shall
not
be
a
defense
to
criminal
13
prosecution.
14
9.
a.
A
contract
shall
not
be
awarded
by
a
public
15
body
to
a
contractor
or
subcontractor
who,
on
two
separate
16
occasions
within
a
three-year
period,
has
been
determined
17
to
have
violated
this
chapter,
or
to
any
firm,
corporation,
18
partnership,
or
association
in
which
the
contractor
or
19
subcontractor
has
any
interest
until
five
years
have
elapsed
20
from
the
date
on
which
a
final
determination
is
rendered
21
finding
the
contractor
or
subcontractor
in
violation
of
this
22
chapter.
23
b.
For
the
purposes
of
this
subsection,
“any
interest”
means
24
an
interest
in
the
entity
bidding
or
performing
work
on
the
25
public
improvement,
whether
as
an
owner,
partner,
officer,
26
manager,
employee,
agent,
consultant,
or
representative.
“Any
27
interest”
includes
but
is
not
limited
to
all
instances
where
the
28
barred
contractor
or
subcontractor
receives
payments,
whether
29
cash
or
any
other
form
of
compensation,
from
any
entity
bidding
30
or
performing
work
on
the
public
improvement,
or
enters
into
31
a
contract
with
the
entity
bidding
or
performing
work
on
the
32
public
improvement
for
services
performed
or
to
be
performed
33
under
contract
that
have
been
or
will
be
assigned
or
sublet,
34
or
for
vehicles,
tools,
equipment,
or
supplies
that
have
been
35
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or
will
be
sold,
rented,
or
leased
during
the
period
from
the
1
initiation
of
the
barring
proceedings
until
the
end
of
the
term
2
of
the
barring
period.
“Any
interest”
does
not
include
shares
3
held
in
a
publicly
traded
corporation
if
the
shares
were
not
4
received
as
compensation
after
the
barring
of
an
entity
bidding
5
or
performing
work
on
a
public
improvement.
6
10.
If
the
division
determines
that
a
contractor
or
7
subcontractor
has
violated
this
chapter
on
two
separate
8
occasions
within
a
three-year
period,
the
division
shall
list
9
on
the
department
of
workforce
development’s
internet
site
and
10
keep
on
record
the
name
of
the
contractor
or
subcontractor
and
11
give
notice
by
restricted
certified
mail
of
the
list
to
any
12
public
body
requesting
the
list.
13
11.
Upon
a
determination
that
a
contractor
or
subcontractor
14
has
violated
this
chapter
on
two
separate
occasions
within
a
15
three-year
period,
the
division
shall
notify
the
violating
16
contractor
or
subcontractor
by
restricted
certified
mail.
The
17
contractor
or
subcontractor
has
ten
working
days
to
request
of
18
the
division
a
hearing
before
an
administrative
law
judge
on
19
the
alleged
violation.
Failure
to
respond
within
ten
working
20
days
shall
result
in
automatic
and
immediate
barring
of
the
21
violator
from
work
as
provided
in
subsection
9
and
placement
22
and
publication
of
the
violator’s
name
on
the
department
of
23
workforce
development’s
internet
site
as
provided
in
subsection
24
10.
If
the
contractor
or
subcontractor
requests
a
hearing
25
within
ten
working
days
by
restricted
certified
mail,
the
26
department
of
inspections
and
appeals
shall
set
a
hearing
27
before
an
administrative
law
judge
on
the
alleged
violation.
28
The
hearing
shall
take
place
no
later
than
forty-five
calendar
29
days
after
the
receipt
by
the
division
of
the
request
for
a
30
hearing.
An
action
by
an
administrative
law
judge
constitutes
31
final
agency
action
and
is
subject
to
judicial
review
under
32
section
17A.19.
33
12.
The
attorney
general
shall
prosecute
the
cases
34
identified
in
this
section
upon
complaint
by
the
commissioner
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or
by
any
interested
person.
In
any
proceeding
brought
1
pursuant
to
this
section,
the
commissioner
shall
be
represented
2
by
the
attorney
general.
3
13.
This
section
does
not
give
reason
or
provide
cause
for
4
an
injunction
to
halt
or
delay
any
public
improvement.
5
Sec.
15.
NEW
SECTION
.
91F.13
Apprentices.
6
This
chapter
shall
not
prevent
the
employment
of
apprentices
7
upon
public
improvements.
However,
an
apprentice
employed
8
on
a
public
improvement
must
be
registered
with
the
United
9
States
department
of
labor’s
office
of
apprenticeship
under
10
an
apprenticeship
program
registered
with
that
office,
paid
11
the
proper
wages
specified
in
the
standards
of
apprenticeship,
12
and
engaged
only
in
the
trade
to
which
the
apprentice
is
13
registered.
If
the
apprentice
is
employed
on
a
public
14
improvement
in
a
trade
to
which
the
apprentice
is
not
15
registered
with
the
United
States
department
of
labor’s
office
16
of
apprenticeship,
the
apprentice
shall
be
treated
as
any
other
17
worker
under
this
chapter.
18
Sec.
16.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
19
3,
shall
not
apply
to
this
Act.
20
Sec.
17.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
21
2020.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
requires
a
contractor
to
pay
workers
the
same
26
hourly
wage
plus
fringe
benefits
for
a
public
improvement
27
costing
more
than
$25,000
as
prevails
in
the
locality
of
the
28
public
improvement.
The
bill
allows
the
per-hour
wage
rate
to
29
be
based
on
what
is
normally
paid
in
the
area
by
contractors
30
for
similar
projects,
and
to
be
adjusted
on
a
yearly
basis
by
31
the
department
of
workforce
development.
32
The
wage
rates
that
the
workers
must
be
paid
shall
also
33
include
benefits
such
as
medical
care,
life
insurance,
overtime
34
pay,
and
vacation
and
holiday
pay.
The
bill
applies
to
any
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public
improvement
that
receives
money
from
a
public
body
and
1
includes
most
types
of
public
improvements
from
construction
to
2
road
maintenance
to
painting
to
hauling.
3
The
labor
commissioner
determines
the
wage
rates
for
4
specific
geographical
areas
and
for
specific
crafts,
5
classifications,
and
types
of
workers.
This
information
must
6
be
posted
on
the
department
of
workforce
development’s
internet
7
site.
In
determining
what
the
wage
rate
for
a
worker
is,
the
8
commissioner
may
consult
collective
bargaining
agreements,
wage
9
rate
determinations
for
federal
projects
in
the
same
area,
and
10
other
information
the
department
may
receive
from
contractors
11
who
participate
in
an
apprenticeship
program
approved
by
the
12
federal
office
of
apprenticeship.
13
Any
person
affected
by
the
wage
rates
has
15
days
after
the
14
department
of
workforce
development
has
posted
the
wage
rates
15
on
its
internet
site
to
object
in
writing,
stating
the
specific
16
reason
for
the
objection,
to
the
labor
commissioner.
The
17
commissioner
must
reconsider
the
determination
being
objected
18
to,
and
either
affirm
or
modify
it
within
15
days
of
receiving
19
the
objection.
20
If
the
commissioner
declines
to
modify
the
determination,
21
within
10
days,
the
person
affected
may
submit
an
objection
in
22
writing
to
the
division
of
labor
services,
stating
the
specific
23
reasons
for
the
objection.
A
hearing
must
be
set
by
the
24
department
of
inspections
and
appeals
before
an
administrative
25
law
judge
within
45
days
after
the
objection
is
filed.
The
26
person
who
filed
the
objection
must
show
the
administrative
27
law
judge
that
the
wage
rate
was
somehow
made
in
error.
The
28
division
is
required
to
show
how
it
determined
the
wage
29
rate.
The
administrative
law
judge
must
make
a
decision
about
30
the
wage
rate
within
30
days
and
it
is
considered
a
final
31
determination.
32
The
bill
requires
that
contractors
and
subcontractors
not
33
pay
the
workers
less
than
the
established
wage
rate
but
does
34
not
prohibit
them
from
paying
the
workers
more
than
the
wage
35
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rate.
The
wage
rate
must
be
paid
without
any
deductions
1
such
as
for
food,
sleeping
quarters,
use
of
tools,
or
safety
2
equipment.
3
The
bill
also
requires
the
public
body
to
monitor
the
4
contractors
and
subcontractors
to
ensure
that
the
wage
rate
5
is
paid.
A
call
for
bids
must
state
that
the
wage
rate
must
6
be
included
in
the
bids
for
the
public
improvement.
All
7
bids
shall
list
the
specific
wage
rates
for
each
craft,
8
classification,
and
type
of
worker
needed
for
the
public
9
improvement.
All
contractors
and
subcontractors
are
required
10
to
sign
a
contract
that
states
they
will
pay
workers
the
wage
11
rate
determined
by
the
division.
If
the
contractors
and
12
subcontractors
are
found
to
not
be
paying
the
wage
rate,
the
13
contract
states
that
the
contractor’s
or
subcontractor’s
right
14
to
work
on
the
public
improvement
and
get
paid
for
work
already
15
done
may
be
terminated.
16
Before
the
contractor
or
subcontractor
receives
the
final
17
payment
for
the
public
improvement,
the
public
body
overseeing
18
the
public
improvement
must
certify
the
payments
include
proper
19
amounts
due
the
workers,
and
the
contractor
or
subcontractor
20
must
swear
under
oath
that
the
records
are
accurate.
21
The
bill
does
not
apply
to
public
improvement
projects
22
funded
by
the
federal
government
that
require
federal
23
prevailing
wage
rates.
However,
unless
a
federal
provision
24
applies,
if
a
public
improvement
project
is
financed
by
both
a
25
state
public
body
and
the
federal
government,
then
the
higher
26
of
the
applicable
wage
rates
shall
be
paid
to
the
workers.
27
The
bill
also
requires
that
contractors
and
subcontractors
28
keep
detailed
records
for
at
least
three
years
about
the
29
workers,
the
rates
paid,
and
the
hours
worked
for
each
30
public
improvement.
The
records
are
public
records
and
must
31
be
available
for
inspection.
However,
workers’
personal
32
information
is
not
available
to
the
public
for
inspection.
33
During
the
public
improvement,
a
contractor
or
subcontractor
34
must
present
a
certified
weekly
payroll
to
demonstrate
that
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the
correct
and
full
wage
rate
is
being
paid
to
workers.
The
1
contractors
and
subcontractors
must
make
all
workers
available
2
on-site
to
officials
for
interviews
so
that
the
records’
3
accuracy
can
be
checked.
Contractors
and
subcontractors
must
4
also
post
the
wage
rates
for
each
craft,
classification,
and
5
type
of
worker
in
a
public
place
where
workers
can
see
the
6
posting
or
at
the
place
where
they
receive
their
wages.
7
The
commissioner
is
given
specific
powers
for
investigation,
8
enforcement,
and
penalization.
The
commissioner
may
sue
to
9
prevent
a
contractor
or
subcontractor
from
being
awarded
10
a
contract
for
a
public
improvement
when
the
wage
rate
11
requirements
have
not
been
met.
The
commissioner
is
given
the
12
power
to
withhold
payments
if
a
contractor
or
subcontractor
13
does
not
produce
records
upon
request
and
to
pay
the
workers
14
directly
if
the
contractor
or
subcontractor
continues
to
refuse
15
to
provide
records.
16
After
receiving
a
complaint,
the
commissioner
shall
17
investigate
whether
there
has
been
a
violation.
If
the
18
commissioner
determines
there
has
been
a
violation,
the
19
contractor
or
subcontractor
must
be
given
notice
of
that
20
violation.
The
notice
is
a
formal
written
statement
from
the
21
department
of
workforce
development
that
states
the
specific
22
violation
and
the
amount
of
money
due
as
a
penalty.
23
If
a
public
body
has
divided
up
a
public
improvement
to
24
avoid
having
to
pay
the
wage
rate,
the
commissioner
shall
order
25
compliance.
A
worker
who
is
paid
less
than
the
wage
rate
set
by
26
this
law
can
sue
for
the
difference
in
payment
and
collect
the
27
difference
along
with
costs
and
attorney
fees
in
court.
28
The
contractor
or
subcontractor
shall
also
have
to
pay
the
29
division
50
percent
of
the
amount
of
underpayment
and
is
liable
30
to
the
worker
for
punitive
damages
of
up
to
5
percent
of
the
31
underpayments
for
each
month
the
underpayment
remains
unpaid
32
plus
costs
and
attorney
fees.
33
If
a
second
or
subsequent
action
for
underpaying
a
worker
34
is
brought
against
a
contractor
or
subcontractor
within
a
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three-year
period
and
the
contractor
or
subcontractor
is
1
liable,
the
contractor
or
subcontractor
shall
pay
the
division
2
75
percent
of
the
amount
of
underpayment,
is
liable
to
the
3
worker
for
10
percent
of
the
penalty
for
underpayments
for
each
4
month
following
it
that
the
underpayment
remains
unpaid,
and
5
is
liable
to
the
worker
for
triple
the
difference
between
the
6
amount
paid
to
the
worker
and
the
amount
due
under
the
wage
7
rate
set
by
the
commissioner
plus
costs
and
attorney
fees.
8
The
commissioner
or
any
interested
party
has
a
right
of
9
action
on
behalf
of
any
individual
who
has
a
right
of
action
10
under
the
bill.
The
commissioner
may
file
a
lawsuit
in
trust
11
for
a
worker
who
assigns
the
claim
and
then
bring
legal
action
12
to
collect
the
claim.
The
contractor
shall
be
required
to
pay
13
the
expenses
for
collection
of
the
claim.
14
The
bill
prohibits
a
person
from
requesting
or
demanding
15
that
a
worker
pay
back,
return,
donate,
contribute,
or
give
16
any
part
or
all
of
the
worker’s
wages,
salary,
or
thing
of
17
value,
to
any
person
who
asserts
that
failure
to
comply
with
18
the
request
or
demand
will
prevent
the
worker
from
procuring
19
or
retaining
employment.
The
bill
prohibits
a
person
from
20
paying,
requesting,
or
authorizing
any
other
person
to
violate
21
the
requirements
of
the
bill.
However,
these
provisions
do
22
not
apply
to
authorized
labor
organization
representatives
23
collecting
dues
or
assessments.
24
In
addition
to
other
penalties
under
the
bill,
anyone
who
25
attempts
to
get
a
worker
to
give
up
any
part
of
compensation
26
on
a
public
improvement
by
threat
not
to
hire
or
by
threat
of
27
firing
is
guilty
of
a
serious
misdemeanor.
Any
agreement
to
28
work
for
less
than
the
determined
wage
rate
is
not
a
defense
to
29
criminal
prosecution.
A
serious
misdemeanor
is
punishable
by
30
confinement
for
no
more
than
one
year
and
a
fine
of
at
least
31
$315
but
not
more
than
$1,875.
32
If
a
contractor
or
subcontractor
has
violated
the
bill
twice
33
within
a
three-year
period,
the
contractor
or
subcontractor
34
or
any
company
or
group
associated
with
the
contractor
or
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subcontractor
shall
not
be
given
any
public
improvement
work
1
for
five
years.
The
department
of
workforce
development
2
shall
keep
a
list
on
its
internet
site
of
contractors
and
3
subcontractors
who
have
violated
the
bill
twice
within
a
4
three-year
period
and
notify
public
bodies
by
restricted
5
certified
mail.
6
A
contractor
or
subcontractor
who
has
been
notified
of
7
the
second
violation
has
10
days
to
request
a
hearing
before
8
an
administrative
law
judge.
A
hearing
must
be
held
within
9
45
days
of
the
request.
If
no
hearing
is
requested,
the
10
contractor
is
barred
from
receiving
public
improvement
work
and
11
its
name
and
information
is
posted
on
the
department’s
internet
12
site.
13
Apprentices
employed
on
a
public
improvement
project
must
14
be
registered
with
the
federal
office
of
apprenticeship.
15
Apprentices
must
receive
the
wages
set
out
in
the
standards
of
16
apprenticeship
and
do
only
the
work
specified
in
the
trade
to
17
which
they
are
apprenticed.
An
apprentice
not
registered
with
18
the
federal
program
shall
be
paid
the
wage
rate
the
same
as
any
19
other
worker.
20
The
bill
may
include
a
state
mandate
as
defined
in
Code
21
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
22
subsection
3,
which
would
relieve
a
political
subdivision
from
23
complying
with
a
state
mandate
if
funding
for
the
cost
of
24
the
state
mandate
is
not
provided
or
specified.
Therefore,
25
political
subdivisions
are
required
to
comply
with
any
state
26
mandate
included
in
the
bill.
27
The
bill
takes
effect
January
1,
2020.
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