2023 -- H 5595

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LC001811

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- LABOR AND PAYMENT OF DEBTS

BY CONTRACTORS

     Introduced By: Representatives Edwards, Kennedy, Bennett, Kazarian, Casimiro, Casey,
and Alzate

     Date Introduced: February 15, 2023

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 37-13-1 and 37-13-13 of the General Laws in Chapter 37-13 entitled

"Labor and Payment of Debts by Contractors" are hereby amended to read as follows:

     37-13-1. Definitions.

     As used in this chapter:

     (1) "Manufacturer" means a person or entity that has a certified underwriter laboratory

(UL) or nationally recognized equivalent that produces finished products for trade or sale to

consumers, wholesalers, distributors, retailers or to other manufacturers, does not conduct unrelated

business on the premises, and has no relation to the customer, purchaser, or installer.

     (2) "Offsite fabrication" means prefabricated building products or components that are:

     (i) Produced specifically for a public works project;

     (ii) Considered to be non-standard items; and

     (iii) Produced at an offsite location, including without limitation, those made or consisting

of fabricated pipe, piping materials or fixtures electrical wiring, sheet metal materials or any

systems, components or modular units made of any of the foregoing.

     (1)(3) “Public works” means any public work project consisting of grading, clearing,

demolition, improvement, completion, repair, alteration, or construction of any public road or any

bridge, or portion thereof, or any public building, or portion thereof, or any heavy construction, or

any public works projects of any nature or kind whatsoever. For purposes of this section "public

works" shall be deemed to include offsite fabrication.

     (2)(4) “School transportation services” means those transportation and related services

provided for the transportation of public and private students pursuant to §§ 16-21-1 and 16-21.1-

8.

     37-13-13. Furnishing payroll record to the awarding authority.

     (a) Every contractor, subcontractor, vendor, or provider awarded a contract for public

works or school transportation services as defined by this chapter shall furnish a certified copy of

his, her, or its payroll records of his, her, or its employees employed on the project to the awarding

authority on a monthly basis for all work completed in the preceding month on a uniform form

prescribed by the director of labor and training. Notwithstanding the foregoing, certified payrolls

for department of transportation or other road, highway, or bridge public works may be submitted

on the federal payroll form, provided that, when a complaint is being investigated, the director or

his or her designee may require that a contractor resubmit the certified payroll on the uniform

department form or provide actual payroll records.

     (b) Awarding authorities, contractors, subcontractors, vendors, and providers shall provide

any and all payroll records to the director of labor and training within ten (10) days of their request

by the director or his or her designee.

     (c) In addition, every contractor and subcontractor shall maintain on the site where public

works are being constructed and the general or primary contract is one million dollars ($1,000,000)

or more, a daily log of employees employed each day on the public works project. The log shall

include, at a minimum, for each employee his or her name, primary job title, and employer and

shall be kept on a uniform form prescribed by the director of labor and training. The log shall be

available for inspection on the site at all times by the awarding authority and/or the director of the

department of labor and training and the director’s designee. This subsection shall not apply to

road, highway, or bridge public works projects. For any offsite fabrication work subject to this

chapter, the contractor, subcontractor or public body shall include a section in their certified

prevailing wage records that provides:

     (1) The name and address of any manufacturer conducting offsite fabrication, or other type

of offsite or prefabrication facility where offsite fabrication work was performed; and

     (2) The name, address, and occupational classifications of each mechanic, apprentice,

laborer or other employee employed in the performance of such work, the hours worked by, and

wages paid to, each such employee.

     (d) The director of labor and training may promulgate reasonable rules and regulations to

enforce the provisions of this section.

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     (e) The awarding authority of any public works project shall withhold the next scheduled

payment to any contractor, subcontractor, vendor, or provider who or that fails to comply with the

provisions of subsection (a) or subsection (b) above and shall also notify the director of labor and

training. The awarding authority shall withhold any further payments until such time as the

contractor, subcontractor, or provider has fully complied. If it is a subcontractor who or that has

failed to comply, the amount withheld shall be proportionate to the amount attributed or due to the

offending subcontractor as determined by the awarding authority. The department may also impose

a penalty of up to five hundred dollars ($500) for each calendar day of noncompliance with this

section, as determined by the director of labor and training. Mere errors and/or omissions in the

daily logs maintained under subsection (c) shall not be grounds for imposing a penalty under this

subsection.

     SECTION 2. Chapter 37-13 of the General Laws entitled "Labor and Payment of Debts by

Contractors" is hereby amended by adding thereto the following section:

     37-13-3.3. Provisions applicable to offsite fabrication.

     All offsite fabrication work for any public works project covered by this chapter shall be

subject to the wage and reporting requirements of this chapter.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- LABOR AND PAYMENT OF DEBTS

BY CONTRACTORS

***

     This act would provide that offsite fabrication work for public works projects be subject to

the prevailing wage and reporting requirements thereto and would require a contractor,

subcontractor or public body to include offsite fabrication work in weekly certified prevailing wage

records, which would include the name and address of the facility where the fabrication work was

performed and the names, addresses, and occupational classifications, and hours and wages, of any

mechanic, apprentice or laborer who perform the fabrication work.

     This act would take effect upon passage.

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