UNOFFICIAL COPY 22 RS BR 836
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AN ACT relating to prevailing wage. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 337 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) For purposes of this Section: 5
(a) "City" means the following: 6
1. A city of the first class described in KRS 81.005(1)(a); 7
2. A home rule class city described in KRS 81.005(1)(b); and 8
3. A merged government that adopts the responsibilities and duties of the 9
city or cities it incorporates including the following: 10
a. Charter county government as described in KRS 67.825; 11
b. Unified local government as described in KRS 67.900; 12
c. Urban-county government as described in KRS 67A.010; and 13
d. Consolidated local government as described in KRS 67C.101; 14
(b) "Prevailing wage" means the hourly rate of wages and benefits paid to 15
employees employed on a public work project; 16
(c) "Prevailing wage rate" means the average hourly rate of wages and 17
benefits paid to an employee employed within the same city in the same 18
trade or occupation and performing substantially similar job duties; and 19
(d) "Public works project" means any project that involves a contract for 20
public works as defined in KRS 45A.487 that is solicited and funded by a 21
local public agency or the Commonwealth of Kentucky and performed 22
within the city's boundaries, excluding any project subject to the Davis-23
Bacon Act, 40 U.S.C. sec. 3141, et seq. 24
(2) The applicable legislative body may enact ordinances establishing a prevailing 25
wage rate and requiring an employer to pay an employee a prevailing wage when 26
he or she is employed on a public works project that is estimated to cost at least 27 UNOFFICIAL COPY 22 RS BR 836
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fifty thousand dollars ($50,000). 1
(3) If the applicable legislative body enacts prevailing wage ordinances it shall 2
establish within the body of the ordinances at least the following: 3
(a) Classifications of each applicable trade or occupation and descriptions of 4
various positions that occupy each class; 5
(b) The prevailing wage rate for each classification of trade or occupation; 6
(c) An annual prevailing wage rate schedule; 7
(d) A process for record keeping; 8
(e) A process for compliance investigations; and 9
(f) Penalties. 10
Section 2. The following KRS section is repealed: 11
65.016 Prohibition against requiring any employer to pay employee a certain wage or 12
fringe benefit. 13