Miami-Dade Legislative Item
File Number: 110674
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File Number: 110674 File Type: Resolution Status: Adopted
Version: 0 Reference: R-266-11 Control: Board of County Commissioners
File Name: OPPOSE LEG PREEMPTING RESPONSIBLE WAGES, COMM WORKFORCE Introduced: 3/23/2011
Requester: NONE Cost: Final Action: 4/4/2011
Agenda Date: 4/4/2011 Agenda Item Number: 11A16
Notes: Title: RESOLUTION OPPOSING SB 1352, HB 923 OR SIMILAR LEGISLATION THAT WOULD PREEMPT MIAMI-DADE COUNTY’S RESPONSIBLE WAGES AND COMMUNITY WORKFORCE PROGRAMS, AS WELL AS PREEMPT MIAMI-DADE COUNTY’S DEBARMENT, SUSPENSION AND RESPONSIBILITY DETERMINATION PROCEDURES
Indexes: LEGISLATURE
Sponsors: Jean Monestime, Prime Sponsor
  Audrey M. Edmonson, Co-Prime Sponsor
  Barbara J. Jordan, Co-Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/4/2011 11A16 Adopted P

County Attorney 3/23/2011 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION OPPOSING SB 1352, HB 923 OR SIMILAR LEGISLATION THAT WOULD PREEMPT MIAMI-DADE COUNTY’S RESPONSIBLE WAGES AND COMMUNITY WORKFORCE PROGRAMS, AS WELL AS PREEMPT MIAMI-DADE COUNTY’S DEBARMENT, SUSPENSION AND RESPONSIBILITY DETERMINATION PROCEDURES

BODY

WHEREAS, bills have been filed for consideration during the 2011 legislative session, SB 1352 by Senator Alan Hays (R – Umatilla) and HB 923 by Representative Charles Van Zant (R – Palatka) that would prohibit the state or any local government from requiring a contractor, subcontractor, material supplier or carrier engaged in construction, maintenance, repair or improvement of public works (collectively a “contractor”) to:
1. Pay employees a predetermined amount of wages or wage rate;
2. Recruit, train or hire employees from a designated single source; or
3. Designate any particular assignment of work for employees; and

WHEREAS, SB 1352 and HB 923 also would preempt the state or any local government from prohibiting a contractor who is qualified, licensed, or certified to do work from submitting bids, being awarded any bid or contract, or performing work on a public works project; and
WHEREAS, prohibiting a local government from requiring a contractor to pay employees a predetermined amount of wages or wage rate could have the affect of preempting Miami-Dade County’s Responsible Wages program; and
WHEREAS, prohibiting a local government from requiring a contractor to recruit, train or hire employees from a designated single source could have the affect of preempting Miami-Dade County’s Community Workforce program; and
WHEREAS, preempting a local government from prohibiting any contractor who is qualified, licensed, or certified to do work from submitting bids, being awarded any bid or contract, or performing work on a public works project could have the affect of preempting Miami-Dade County’s debarment, suspension and responsibility determination procedures; and
WHEREAS, Miami-Dade County’s Responsible Wages Program ensures that laborers and mechanics working on construction projects are paid hourly wages and benefits at an appropriate amount based on the particular trade; and
WHEREAS, through Miami-Dade County’s Community Workforce Program, the Miami-Dade County Department of Small Business Development (“SBD”) reviews capital construction contracts and work orders for public improvements to determine the appropriateness of applying local workforce goals that require a minimum of ten percent (10%) of persons doing construction trades and labor work to reside in designated target areas; and
WHEREAS, Miami-Dade County’s debarment, suspension and responsibility determination procedures ensure that responsible firms are retained to perform work on public projects and further ensure that taxpayer dollars are used efficiently and effectively; and
WHEREAS, SB 1352 and HB 923 would preempt these important programs; and

WHEREAS, this Board desires to express its opposition to these bills,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Opposes SB 1352, HB 923 or similar legislation that would preempt Miami-Dade County’s responsible wages and community workforce programs, as well as preempt Miami-Dade County’s debarment, suspension and responsibility determination procedures.
Section 2. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation, Senator Alan Hays and Representative Charles Van Zant.
Section 3. Directs the County’s state lobbyists to advocate against the bills identified in Section 1 above, and directs the Office of Intergovernmental Affairs to include this item in the 2011 and 2012 state legislative packages.



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