SB 8

  • Virginia Senate Bill
  • 2020 Regular Session
  • Introduced in Senate Nov 18, 2019
  • Passed Senate Feb 11, 2020
  • Passed House Mar 04, 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 HB 833.

Prevailing wage; public works contracts; penalty. Requires contractors and subcontractors under any public contract with a state agency 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 provisions of the bill are contingent on funding in a general appropriation act.

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 HB 833.

Prevailing wage; public works contracts; penalty.Requires contractors and subcontractors under any public contractwith a state agency 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 withthe public contract for public works at the prevailing wage rate.The Commissioner of Labor and Industry is required to determine theprevailing wage rate for such public contracts on the basis of applicableprevailing wage rate determinations made by the U.S. Secretary ofLabor under the provisions of the federal Davis-Bacon Act. A contractoror subcontractor who knowingly or willfully employs any mechanic,laborer, or worker to perform work contracted to be done under thepublic contract at a rate that is less than the prevailing wage rateis guilty of a Class 1 misdemeanor. In addition, such a contractoror subcontractor shall be liable to such individuals for the paymentof all wages due plus interest and shall be disqualified from biddingon public contracts with any public body until full restitution hasbeen paid to the individuals.

Bill Sponsors (5)

Votes


Actions


Apr 22, 2020

Senate

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

House

Signed by Speaker as reenrolled

House

Enacted, Chapter 1243 (effective 5/1/21)

Senate

Signed by President as reenrolled

Senate

Reenrolled bill text (SB8ER2)

Senate

Reenrolled

Office of the Governor

Governor's recommendation adopted

House

VOTE: (48-Y 43-N)

House

House concurred in Governor's recommendation (48-Y 43-N)

Apr 11, 2020

Senate

Governor's recommendation received by Senate

Mar 17, 2020

Office of the Governor

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

Senate

Enrolled Bill Communicated to Governor on March 17, 2020

Mar 13, 2020

Senate

Impact statement from DPB (SB8ER)

Mar 12, 2020

Senate

Enrolled

House

Signed by Speaker

Senate

Signed by President

Mar 05, 2020

Senate

Passed by temporarily

Senate

Title replaced 20109093D-H1

Senate

Chair votes Yes

Senate

House substitute with amendment agreed to by Senate (20-Y 20-N)

Mar 04, 2020

House

Committee on Labor and Commerce substitute agreed to 20109093D-H1

House

VOTE: Passage (54-Y 44-N)

House

Passed House with substitute with amendment (54-Y 44-N)

House

Engrossed by House - committee substitute with amendment SB8H1

House

Committee on Appropriations amendment agreed to

House

Read third time

Mar 03, 2020

House

Read second time

Feb 28, 2020

House

Reported from Appropriations with amendment (13-Y 9-N)

Senate

Impact statement from DPB (SB8H1)

House

House committee, floor amendments and substitutes offered

Feb 25, 2020

House

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

House

Referred to Committee on Appropriations

House

Committee substitute printed 20109093D-H1

Feb 21, 2020

Senate

Impact statement from DPB (SB8ES1)

Feb 18, 2020

House

Referred to Committee on Labor and Commerce

House

Read first time

House

Placed on Calendar

Feb 11, 2020

Senate

Committee substitute agreed to 20106725D-S1

Senate

Reading of substitute waived

Senate

Read second time

Senate

Passed Senate (21-Y 19-N)

Senate

Constitutional reading dispensed (40-Y 0-N)

Senate

Printed as engrossed 20106725D-ES1

Senate

Engrossed by Senate - committee substitute with amendment SB8ES1

Senate

Committee amendment agreed to

Senate

Reading of amendment waived

Feb 10, 2020

Senate

Constitutional reading dispensed (36-Y 0-N)

Feb 06, 2020

Senate

Reported from Finance and Appropriations with amendment (11-Y 5-N)

Senate

Impact statement from DPB (SB8S1)

Feb 03, 2020

Senate

Reported from Commerce and Labor with substitute (9-Y 3-N)

Senate

Rereferred to Finance and Appropriations

Senate

Committee substitute printed 20106725D-S1

Jan 27, 2020

Senate

Impact statement from DPB (SB8)

Nov 18, 2019

Senate

Referred to Committee on Commerce and Labor

Senate

Prefiled and ordered printed; offered 01/08/20 20100503D

Bill Text

Bill Text Versions Format
Impact statement from DPB (SB8S1) HTML
Engrossed by Senate - committee substitute with amendment SB8ES1 HTML
Impact statement from DPB (SB8H1) HTML
Bill text as passed Senate and House (SB8ER) HTML
Reenrolled bill text (SB8ER2) HTML
Acts of Assembly Chapter text (CHAP1243) HTML

Related Documents

Document Format
Amendment: SB8AS HTML
Amendment: SB8AHE HTML
Amendment: SB8AH HTML
Amendment: SB8AG HTML

Sources

Data on Open States is updated nightly from the official website of the Virginia General Assembly.

If you notice any inconsistencies with these official sources, feel free to file an issue.