May 11, 2017, Introduced by Rep. Hornberger 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 must 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 be
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
Secretary of Labor pursuant to the federal Davis-Bacon act
(United
States code, title 40, section 276a et seq) 40 USC 3141 to
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.