Virginia Public Procurement Act; public works contracts, prevailing wage provisions. (HB145)
Introduced By
Del. Michael Webert (R-Marshall) with support from co-patron Del. Glenn Davis (R-Virginia Beach)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✗ |
Signed by Governor |
✗ |
Became Law |
Description
Virginia Public Procurement Act; public works contracts; prevailing wage provisions. Prohibits states agencies from requiring bidders, offerors, contractors, or subcontractors to pay, or require the payment of, wages, salaries, benefits, or other remuneration to persons employed to perform services in connection with a public works project at a rate that is based on the wages and benefits prevailing for the corresponding classes of labors and mechanics employed. A corresponding prohibition is made applicable to state agencies providing grants or other financial assistance for public works projects, unless otherwise required under federal law. The measure further states that it is the policy of the Commonwealth not to implement, adopt, enforce, or require any program, policy, or provision that requires a public works contract that requires the payment of wages or other remuneration at a rate based on the prevailing wage, whether modeled on the federal Davis-Bacon Act or similar state law. Read the Bill »
Outcome
History
Date | Action |
---|---|
12/21/2015 | Committee |
12/21/2015 | Prefiled and ordered printed; offered 01/13/16 16102604D |
12/21/2015 | Referred to Committee on General Laws |
01/18/2016 | Assigned to sub: Subcommittee #2 |
01/18/2016 | Assigned GL sub: Subcommittee #2 |
01/20/2016 | Impact statement from DPB (HB145) |
01/21/2016 | Subcommittee recommends reporting (3-Y 1-N) |
01/26/2016 | Reported from General Laws (14-Y 7-N) (see vote tally) |
01/28/2016 | Read first time |
01/29/2016 | Read second time and engrossed |
02/01/2016 | Read third time and passed House (66-Y 32-N) |
02/01/2016 | VOTE: PASSAGE (66-Y 32-N) (see vote tally) |
02/02/2016 | Constitutional reading dispensed |
02/02/2016 | Referred to Committee on General Laws and Technology |
02/22/2016 | Reported from General Laws and Technology (8-Y 7-N) (see vote tally) |
02/24/2016 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
02/25/2016 | Read third time |
02/25/2016 | Passed Senate (21-Y 19-N) (see vote tally) |
02/29/2016 | Enrolled |
02/29/2016 | Bill text as passed House and Senate (HB145ER) |
02/29/2016 | Impact statement from DPB (HB145ER) |
02/29/2016 | Signed by Speaker |
03/03/2016 | Signed by President |
03/04/2016 | Enrolled Bill communicated to Governor on 3/4/16 |
03/04/2016 | G Governor's Action Deadline Midnight, March 11, 2016 |
03/11/2016 | G Vetoed by Governor |
04/20/2016 | Placed on Calendar |
04/20/2016 | Passed by for the day - Governor's veto sustained |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 6 minutes.
Transcript
This is a transcript of the video clips in which this bill is discussed.
Sen. Barbara Favola (D-Arlington): CONTRACTS, THEY HAVE VARIOUS FUNCTIONS THEY HAVE TO PERFORM. THESE CONTRACTS GO OUT FOR BID. A BUSINESS CAN DECIDE WHETHER OR NOT THEY WANT TO BID ON THE IF LOCAL GOVERNMENTS DECIDES TO CONTRACT. PUT A REQUIREMENT ON A WAGE OR MINIMUM WAGE, IF YOU WILL, LOCAL GOVERNMENT IS DOING IT FOR THE PURPOSES OF ENSURING THEY GET QUALITY AND LESS TURNOVER IN THE WORKFORCE. LOCAL GOVERNMENTS ARE SPENDING TAXPAYER DOLLARS. THEIR BOARD MUCH SUPERVISORS ARE ELECTED DIRECTLY BY THE PEOPLE. AGAIN, THERE'S NO PROBLEM HERE TO BE SOLVED. I WOULD ASK THE BODY TO VOTE AGAINST THIS BILL. THANK YOU.
[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM MECKLENBERG. THE VIRGINIA PROCUREMENT POLICY SHOULD NOT GET INTO A BUSINESS OF HOW A BUSINESS OPERATES THEIR BUSINESS. AGAIN, MOVE THE BILL BE REPORTED. THANK YOU, SENATOR. THE QUESTION IS SHALL HOUSE BILL 145 PASS. YES, THE SENIOR SENATOR FROM FAIRFAX, SENATOR SASLAW.
Sen. Dick Saslaw (D-Springfield): MR. PRESIDENT, MEMBERS OF THE SENATE, ONE OF THE BIGGEST BONES OF CONTENTION IN HERE, AND I SUSPECT THAT DRIVERS THESE BILLS THAT COME IN HERE EVERY YEAR IS THE SO-CALLED LIVING WAGE IF YOU CONTRACT WITH A LOCAL GOVERNMENT. I THINK ONE OF THE FIRST TO GET THIS WAS -- THAT STARTED THIS WAS CHARLOTTESVILLE BACK IN THE '90s AND ARLINGTON, FAIRFAX AND I THINK ALEXANDRIA HAVE IT FOR YOU. THIS IS DOES NOT APPLY TO THE REGULAR BUSINESS SECTOR. THESE ARE PEOPLE -- THIS APPLIES TO PEOPLE WHO ARE BIDDING ON A CONTRACT WITH THE GOVERNMENT, AND PROBABLY MAY GUESS WOULD BE MAIN 99% OF THESE PEOPLE, THE CONTRACTS ARE FOR THE PEOPLE THAT SWEEPT FLOORS AND CLEAN OUT THE BUILDINGS. NO ONE WHO'S BIDDING ON THIS IS AT A COMPETITIVE DISADVANTAGE BECAUSE THEY'VE ALL GOT TO BID THE SAME -- ESSENTIALLY, THEY ALL GOT TO BID THE SAME WAGE, OKAY? NOBODY IS AT A COMPETITIVE DISADVANTAGE AND IT DOESN'T APPLY TO THE EVERYDAY PRIVATE SECTOR. ON TOP OF THAT, ALL OF THESE GOVERNMENTS THAT I JUST NAMED, THE CITY COUNCIL AND BOARDS OF SUPERVISORS, HAVE BEEN THROUGH NUMEROUS ELECTIONS AND THE PEOPLE CERTAINLY HAVE HAD A CHANCE TO TOSS THEM OUT IF THEY DIDN'T APPROVE OF SOMETHING LIKE THIS OR THEY THOUGHT THIS WAS SUBSTANTIALLY RUNNING UNDER THE COST OF GOVERNMENT. WE'VE SEEN FIT TIME AND TIME AGAIN TO REJECT ANY RAISE IN THE MINIMUM WAGE, WHICH IS $7.25 AN HOUR. I DON'T SEE, QUITE FRANKLY, WHAT THE BILL DEAL IS IF LOCAL GOVERNMENTS WANT TO DO THIS AND IT ANNUAL APPLIES TO THESE -- AND IT ONLY APPLIES TO THAT'S PEOPLE BIDDING ON THOSE CONTRACTS WITH THE LOCAL GOVERNMENT. AGAIN, FOR ONE WHO BIDS ON THESE CONTRACTS, FOR ONE, IS AT A COMPETITIVE DISADVANTAGE. SO I WOULD HOPE THAT, YOU KNOW, WE WOULD STOP THIS RIGHT HERE AND NOW BECAUSE, YOU KNOW, I HAD A BILL IN AND I GOT ACCUSED OF MEDDLING IN LOCAL GOVERNMENTS' AFFAIRS AND THAT'S EXACTLY WHAT WE'RE GOING TO DO NOW.
[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM PRINCE WILLIAM COUNTY, SENATOR McPIKE.
Sen. Jeremy McPike (D-Dale City): MR. PRESIDENT, I RISE TO SPEAK AGAINST THE BILL.
[Unknown]: THE SENATOR HAS THE FLOOR.
Sen. Jeremy McPike (D-Dale City): I SUBMIT TO FOLKS WHO HAVE BEEN CHAMPIONING INITIATIVES THAT GO TOWARD VIRGINIA ECONOMIC DEVELOPMENT TO CONSIDER THE RAMIFICATIONS OF POLICIES. THERE'S SEVERAL GOING THROUGH THERE BODY RELATED TO SUCH. AND I'VE HEARD THE ARGUMENT AND I'VE HEARD IT TODAY THAT WE DON'T WANT GOVERNMENT DICTATING HOW OUR PRIVATE BUSINESSES IMPACT EMPLOYERS AND EMPLOYEE WAGES WHEN, IN FACT, IN OUR BUDGET TODAY THAT WILL BE DEBATED AS WELL AS SEVERAL OTHER BILLS PASSING THROUGH THERE BODY, WE'RE DOING EXACTLY THAT. IN FACT, FOR ECONOMIC DEVELOPMENT PURPOSES, IT'S ONE OF OUR SOLE WAYS THAT THIS BODY CAN UNDERSTAND PERFORMANCE MEASURES OF THIS CONTRACT. I.E., MANY OF THE CONTRACTS FOR NEWPORT NEWS SHIP BUILDING, WHICH IS ON THE DOCKET, WHETHER IT'S I.T. OR GRANTS ESSENTIALLY TO BODIES THAT HAVE PERFORMANCE MEASURES DIRECTLY RELATED TO THE PREVAILING WAGE OF THE AREA, SO IN FACT WE DO AND THIS BODY HAS SEVERAL BUDGET AND BILLS THAT THIS BODY HAS PASSED THIS VERY YEAR IN DIRECT CONFLICT WITH THIS, AND I ASK THE BODY TO REJECT THIS MEASURE.
Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL HOUSE BILL 145 PASS. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.
[Unknown]: AYES 21, NOS 19. AYES 21, NOS 19.