HB 833

  • Virginia House Bill
  • 2020 Regular Session
  • Introduced in House Jan 07, 2020
  • Passed House Feb 11, 2020
  • Passed Senate Feb 25, 2020
  • Became Law Apr 22, 2020

Virginia Public Procurement Act; public works contracts, prevailing wage rate, penalty.

Abstract

Prevailing wage; public works contracts; penalty. Requires contractors and subcontractors under any public contract with a state agency, or with a locality that has adopted an ordinance requiring the payment of prevailing wages, for public works to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at the prevailing wage rate. The provisions of the bill would not apply to any contract for public works of $250,000 or less. The Commissioner of Labor and Industry is required to determine the prevailing wage rate for such public contracts on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the federal Davis-Bacon Act. A contractor or subcontractor who willfully employs any mechanic, laborer, or worker to perform work contracted to be done under the public contract at a rate that is less than the prevailing wage rate is guilty of a Class 1 misdemeanor. In addition, such a contractor or subcontractor shall be liable to such individuals for the payment of all wages due plus interest and shall be disqualified from bidding on public contracts with any public body until full restitution has been paid to the individuals. This bill is identical to SB 8.

Prevailing wage; public works contracts; penalty. Requires contractors and subcontractors under any public contract with a state agency, or with a locality that has adopted an ordinance requiring the payment of prevailing wages, for public works to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at the prevailing wage rate. The Commissioner of Labor and Industry is required to determine the prevailing wage rate for such public contracts on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the federal Davis-Bacon Act. A contractor or subcontractor who willfully employs any mechanic, laborer, or worker to perform work contracted to be done under the public contract at a rate that is less than the prevailing wage rate is guilty of a Class 1 misdemeanor. In addition, such a contractor or subcontractor shall be liable to such individuals for the payment of all wages due plus interest and shall be disqualified from bidding on public contracts with any public body until full restitution has been paid to the individuals.

Prevailing wage; public works contracts; penalty. Requires contractors and subcontractors under any public contract with a state agency, or with a locality that has adopted an ordinance requiring the payment of prevailing wages, for public works to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at the prevailing wage rate. The provisions of the bill would not apply to any contract for public works of $250,000 or less. The Commissioner of Labor and Industry is required to determine the prevailing wage rate for such public contracts on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the federal Davis-Bacon Act. A contractor or subcontractor who willfully employs any mechanic, laborer, or worker to perform work contracted to be done under the public contract at a rate that is less than the prevailing wage rate is guilty of a Class 1 misdemeanor. In addition, such a contractor or subcontractor shall be liable to such individuals for the payment of all wages due plus interest and shall be disqualified from bidding on public contracts with any public body until full restitution has been paid to the individuals. The bill has a delayed effective date of May 1, 2021. This bill is identical to SB 8.

Virginia Public Procurement Act; public workscontracts; prevailing wage rate; penalty. Requires contractorsand subcontractors under any public contract for public works witha state agency to pay wages, salaries, benefits, and other remunerationat the prevailing wage rate to any mechanic, laborer, or worker employed,retained, or otherwise hired to perform services in connection withthe public contract for public works. The bill requires the Departmentof Labor and Industry to determine the prevailing wage rate for suchpublic contracts and provides that any prevailing wage rate determinedby the Department shall not be less than the applicable prevailingwage rate determination made by the U.S. Secretary of Labor underthe provisions of the federal Davis-Bacon Act. The bill provides that a contractor or subcontractor who knowingly or willfully employsany mechanic, laborer, or worker to perform work to be done underthe public contract at a rate that is less than the prevailing wageis guilty of a Class 1 misdemeanor and that such contractor or subcontractorshall be liable to such individuals for the payment of all wagesdue plus interest and shall be disqualified from bidding on publiccontracts with any public body until full restitution has been paidto such individuals.

Bill Sponsors (11)

Votes


Actions


Apr 22, 2020

House

Placed on Calendar

House

Enacted, Chapter 1216 (effective 5/1/21)

Senate

Signed by President as reenrolled

House

Signed by Speaker as reenrolled

House

Reenrolled bill text (HB833ER2)

House

Reenrolled

Office of the Governor

Governor's recommendation adopted

Senate

Senate concurred in Governor's recommendation (21-Y 19-N)

House

VOTE: (49-Y 43-N)

House

House concurred in Governor's recommendation (49-Y 43-N)

Apr 11, 2020

House

Governor's recommendation received by House

Mar 12, 2020

House

Enrolled Bill communicated to Governor on March 12, 2020

Office of the Governor

Governor's Action Deadline 11:59 p.m., April 11, 2020

Mar 05, 2020

House

Signed by Speaker

Senate

Signed by President

Mar 04, 2020

House

Impact statement from DPB (HB833ER)

House

Enrolled

Feb 27, 2020

House

Senate amendment agreed to by House (53-Y 46-N 1-A)

House

VOTE: Adoption (53-Y 46-N 1-A)

House

Placed on Calendar

Feb 25, 2020

Senate

Read third time

Senate

Passed Senate with amendment (21-Y 19-N)

Senate

Engrossed by Senate as amended

Senate

Committee amendment agreed to

Senate

Reading of amendment waived

Feb 24, 2020

Senate

Passed by for the day

Feb 21, 2020

Senate

Passed by for the day

House

Impact statement from DPB (HB833H1)

Feb 20, 2020

Senate

Passed by for the day

Senate

Read third time

Feb 19, 2020

Senate

Constitutional reading dispensed (39-Y 0-N)

Feb 17, 2020

Senate

Reported from Commerce and Labor with amendment (12-Y 3-N)

Feb 12, 2020

Senate

Constitutional reading dispensed

Senate

Referred to Committee on Commerce and Labor

Feb 11, 2020

House

VOTE: Passage (55-Y 44-N)

House

Read third time and passed House (55-Y 44-N)

Feb 10, 2020

House

Read second time

House

Engrossed by House - committee substitute HB833H1

House

Committee substitute agreed to 20107486D-H1

Feb 09, 2020

House

Read first time

Feb 07, 2020

House

Subcommittee recommends reporting (5-Y 3-N)

House

Reported from Appropriations (13-Y 9-N)

House

Assigned App. sub: Compensation & General Government

Feb 06, 2020

House

Committee substitute printed 20107486D-H1

House

Referred to Committee on Appropriations

House

Reported from Labor and Commerce with substitute (13-Y 9-N)

House

Incorporates HB114 (Kory)

House

House committee, floor amendments and substitutes offered

Jan 28, 2020

House

Referred from General Laws

House

Referred to Committee on Labor and Commerce

Jan 27, 2020

House

Impact statement from DPB (HB833)

Jan 07, 2020

House

Referred to Committee on General Laws

House

Prefiled and ordered printed; offered 01/08/20 20104666D

Bill Text

Bill Text Versions Format
Impact statement from DPB (HB833) HTML
Engrossed by House - committee substitute HB833H1 HTML
Bill text as passed House and Senate (HB833ER) HTML
Reenrolled bill text (HB833ER2) HTML
Acts of Assembly Chapter text (CHAP1216) HTML

Related Documents

Document Format
Amendment: HB833ASE HTML
Amendment: HB833AS HTML
Amendment: HB833AG HTML

Sources

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