Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06378 Introduced / Bill

Filed 02/02/2021

                        
 
LCO No. 2859  	1 of 3 
 
General Assembly  Raised Bill No. 6378  
January Session, 2021 
LCO No. 2859 
 
 
Referred to Committee on LABOR AND PUBLIC EMPLOYEES  
 
 
Introduced by:  
(LAB)  
 
 
 
 
AN ACT CODIFYING PREVAILING WAGE CONTRAC T RATES. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subsection (d) of section 31-53 of the general statutes is 1 
repealed and the following is substituted in lieu thereof (Effective October 2 
1, 2021): 3 
(d) For the purpose of predetermining the prevailing rate of wage on 4 
an hourly basis and the amount of payment or contributions paid or 5 
payable on behalf of each person to any employee welfare fund, as 6 
defined in subsection (i) of this section, in each town where such 7 
contract is to be performed, the Labor Commissioner shall [(1) hold a 8 
hearing at any required time to determine the prevailing rate of wages 9 
on an hourly basis and the amount of payment or contributions paid or 10 
payable on behalf of each person to any employee welfare fund, as 11 
defined in subsection (i) of this section, upon any public work within 12 
any specified area, and shall establish classifications of skilled, 13 
semiskilled and ordinary labor, or (2)] adopt the rate of wages on an 14 
hourly basis and the amount of payment or contributions paid or 15 
payable on behalf of each person to any employee welfare fund, as 16  Raised Bill No.  6378 
 
 
 
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defined in subsection (i) of this section, as established in dominant 17 
collective bargaining agreements or understandings between employers 18 
or employer associations and bona fide labor organizations for the same 19 
work in the same trade or occupation in the town in which the 20 
applicable building, heavy or highway works project is being 21 
constructed. For each trade or occupation for which more than one 22 
collective bargaining agreement is in effect for the town in which such 23 
project is being constructed, the dominant collective bargaining 24 
agreement shall prevail. For each trade or occupation for which there is 25 
no collective bargaining agreement in effect for the town in which such 26 
project is being constructed, the Labor Commissioner shall adopt and 27 
use such appropriate and applicable prevailing wage rate 28 
determinations as have been made by the Secretary of Labor of the 29 
United States under the provisions of the Davis-Bacon Act, as amended. 30 
Sec. 2. Section 31-54 of the general statutes is repealed and the 31 
following is substituted in lieu thereof (Effective October 1, 2021): 32 
The Labor Commissioner shall [hold a hearing at any required time 33 
to] determine the prevailing rate of wages upon any highway contract 34 
within any specified area on an hourly basis and the amount of payment 35 
or contributions paid or payable on behalf of each employee to any 36 
employee welfare fund, as defined in section 31-53, as amended by this 37 
act, upon any classifications of skilled, semiskilled and ordinary labor. 38 
Said commissioner shall determine the prevailing rate of wages on an 39 
hourly basis and the amount of payment or contributions paid or 40 
payable on behalf of each employee to any employee welfare fund, as 41 
defined in section 31-53, as amended by this act, in each locality where 42 
any highway or bridge is to be constructed, and the Commissioner of 43 
Transportation shall include such rate of wage on an hourly basis and 44 
the amount of payment or contributions paid or payable on behalf of 45 
each employee to any employee welfare fund, as defined in section 31-46 
53, as amended by this act, or in lieu thereof, in cash as part of wages 47 
each pay day, for each classification of labor in the proposal for the 48 
contract and in the contract. The rate and the amount so established 49 
shall, at all times, be considered as the minimum rate of wage on an 50  Raised Bill No.  6378 
 
 
 
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hourly basis and the amount of payment or contributions to an 51 
employee welfare fund, or cash in lieu thereof, for the classification for 52 
which it was established. Any contractor who pays any person at a 53 
lower rate of wage on an hourly basis or the amount of payment or 54 
contributions paid or payable on behalf of each employee to any 55 
employee welfare fund, as defined in section 31-53, as amended by this 56 
act, or where he is not obligated by any agreement to make payment or 57 
contributions to the employee welfare funds, as defined in section 31-58 
53, as amended by this act, and fails to pay the amount of such payment 59 
or contributions directly to the employee as a part of his wages each pay 60 
day, than that so established for the classifications of work specified in 61 
any such contract shall be fined not more than two hundred dollars for 62 
each offense. The provisions of this section shall apply only to state 63 
highways and bridges on state highways.  64 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2021 31-53(d) 
Sec. 2 October 1, 2021 31-54 
 
Statement of Purpose:   
To codify prevailing wage contract rates. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]