Bill Text: DE HB145 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To The Prevailing Wage.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Enrolled - Dead) 2015-07-01 - HS 1 for HB 145 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT [HB145 Detail]
Download: Delaware-2015-HB145-Draft.html
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SPONSOR: |
Rep. Mulrooney & Rep. Schwartzkopf & Rep. Longhurst & Rep. Viola & Sen. Marshall & Sen. Blevins & Sen. McBride & Sen. Henry |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 145 |
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AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PREVAILING WAGE. |
Section1. Amend §6960(a)., Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§6960 Prevailing wage requirements.
(a)The
specifications for every contract or aggregate of contracts relating to a
public works project in excess of $100,000 $500,000 for new
construction (including painting and decorating) or $15,000 $45,000
for alternation, repair, renovation, rehabilitation, demolition or reconstruction
(including painting and decorating of buildings or works) to which this State
or any subdivision thereof is a party and for which the State appropriated any
part of the funds and which requires or involves the employment of mechanics
and/or laborers shall contain a provision stating the minimum wages to be paid
various classes of laborers and mechanics which shall be based upon the wages
that will be determined by the Delaware Department of Labor, Division of
Industrial Affairs, to be prevailing in the county in which the work is to be
performed. The Delaware Department of Labor, Division of Industrial Affairs
shall establish the prevailing wage for each respective craft or class of
laborers and mechanics at the same rates established in collective bargaining
agreements between labor organizations and their employers that govern work of
a similar nature and similar crafts or classes of laborers and mechanics for
the county where the public works contract will be performed if that particular
labor organization's collective bargaining rate prevailed and they participated
in the survey, for that particular trade or craft in that particular county for
2 consecutive years. The agreed rate of pay designated by the craft's
collective bargaining agreement will become the prevailing wage for a period of
5 years and the raise be determined by the collective bargaining agreement rate
at the time the prevailing wage survey is conducted for that craft, county, and
year. If the prevailing wage cannot be reasonably and fairly determined in any
locality because no such agreements exists or the collective bargaining rate
has not prevailed for 2 consecutive years the Department shall use the
prevailing wage as established by the Department's annual prevailing wage
survey. There will be a 1-time challenge of the prevailing wage rate per cycle
as in the Department regulations. All other provisions of this law are to
remain unchanged. For each respective craft or class of laborers or
mechanics, the craft or class whose collectively bargained wages as of January
1, 2015 for that particular labor organization's collective bargaining rate
prevailed for that particular trade or craft in that particular county is the
prevailing wage rate and whose rate has prevailed for 4 of the last 5 years, or
will prevail in the future for 5 consecutive years, shall have their collective
bargaining agreement adopted as the prevailing wage rate negotiated by industry
standards between workers and employers and the raise be determined by the
collective bargaining agreement rate at the time the prevailing wage survey is
conducted for that craft, county, and year.
Section 2. Amend §6960, Chapter 69, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
(1)A
Prevailing Wage Advisory Council is hereby established to assist the Department
in carrying out its duties under the prevailing wage law. Such advisory council
shall be appointed by the Secretary of Labor, shall be convened by the Director
of the Division of Industrial Affairs (who shall serve as a non-voting member)
and shall consist of 10 representatives from construction industry
organizations/associations. The members shall be appointed for a term of 3
years provided, however, that the initial members may be appointed to terms
shorter than 3 years but not less than 1 year to ensure staggered term
expirations. The members shall receive no compensation.
(l) A Prevailing Wage Advisory Committee is established to provide advice to the General Assembly as to how the
prevailing wage survey can be improved or whether the survey should be eliminated. The Prevailing Wage Advisory committee shall provide a report to the General Assembly no later than January 20, 2016.The Committee shall have 7 members. There shall be: 1) two members of the House of Representative appointed by the Speaker of the House of Representatives; 2) two members of the Senate appointed by the President Pro Tempore; 3) the Secretary of the Department
of Labor or designee appointed by the Secretary of the Department of Labor, who shall be the chair of the committee; 4) a
member of the Delaware Building and Construction Trades Council appointed by the President of the Council; and 5) a
member of the Associated Builders and Contractors, Inc. appointed by the President of the Associated Builders and Contractors, Inc. The committee shall have its first meeting no later than August 1, 2015.
SYNOPSIS
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This bill raises the prevailing wage rate contract threshold amount from $100,000 to $500,000 for new construction and from $15,000 to $45,000 for alterations, repairs, renovations, etc. Also the bill establishes a set prevailing wage rate and eliminates the need for an annual survey in certain situations. It also deletes the Prevailing Wage Advisory Council from the Delaware Code. This Council was created by law in 1999 to assist the Department of Labor in carrying out its duties under the prevailing wage law. The Council was appointed by the Director of the Division of Industrial Affairs and had 10 representatives from construction industry organizations/associations. However, there are no members and there has not been a meeting of the Council for approximately 10 years. Finally, the bill established a Prevailing Wage Advisory Committee that is tasked with advising the General Assembly as to how the prevailing wage survey can be improved or whether the survey should be eliminated. The committee is to provide a report to the General Assembly by January 20, 2016. |
