Bill Text: MI HB4429 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Labor; hours and wages; prevailing wage requirements for public school construction projects; eliminate. Amends title & secs. 1 & 2 of 1965 PA 166 (MCL 408.551 & 408.552).

Spectrum: Partisan Bill (Republican 24-0)

Status: (Introduced - Dead) 2015-04-15 - Printed Bill Filed 04/15/2015 [HB4429 Detail]

Download: Michigan-2015-HB4429-Introduced.html

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HOUSE BILL No. 4429

April 14, 2015, Introduced by Reps. Glenn, Webber, Cole, Chatfield, Somerville, Yonker, Franz, Lauwers, Rendon, Johnson, Cox, Kelly, Jenkins, Canfield, Vaupel, Aaron Miller, Price, Hooker, Theis, Crawford, Iden, Runestad, Gamrat and Outman 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 the title and sections 1 and 2 (MCL 408.551 and

 

408.552).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to require prevailing wages and fringe benefits on

 

state projects; to establish the requirements and responsibilities

 

of contracting agents and bidders; to provide exemptions; and to

 

prescribe penalties.

 

     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 an executive,

 

administrative, professional, office, or custodial

 

employees.employee.

 

     (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, or public buildings

 

other than schools, authorized by a contracting agent.

 

     (c) "Contracting agent" means any officer, school board, board

 

or commission of the 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, or township ,

 

or school district in which the physical work on a state project is

 

to be performed.

 

     Sec. 2. (1) Every Except as provided in this section, 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 that is sponsored or financed in whole or in part by the

 

this state shall contain an express term that the rates of wages

 

and fringe benefits to be paid to each class of mechanics by the

 

bidder and all of his or her subcontractors, shall be not less than

 

the wage and fringe benefit rates prevailing in the locality in

 

which the work is to be performed. Contracts on state projects

 

which that 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) reenacted by Public Law 107-217, and

 

certified at 40 USC 3141 to 3144, 3146, and 3147, or which that

 

contain minimum wage schedules which that 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.

 

     (2) A contract of an educational institution is exempt from

 

this act. As used in this subsection, "educational institution"

 

includes all of the following:

 

     (a) A school district, an intermediate school district, and a

 

public school academy as those terms are defined in sections 4, 5,

 

and 6 of the revised school code, 1976 PA 451, MCL 380.4, 380.5,

 

and 380.6.

 

     (b) A community college established under the community

 

college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or under

 

part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to

 

380.1607.

 

     (c) A public university of this state.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.