Bill
Bill > HB1046
summary
Introduced
01/14/2026
01/14/2026
In Committee
03/06/2026
03/06/2026
Crossed Over
03/14/2026
03/14/2026
Passed
04/22/2026
04/22/2026
Dead
Signed/Enacted/Adopted
04/22/2026
04/22/2026
Introduced Session
2026 Regular Regular Session
Bill Summary
Virginia Public Procurement Act; additional public works contract requirements; report. Provides that public bodies shall require the contractor and its subcontractors for any construction contract, as defined in the bill, to complete certain safety training programs and maintain records of compliance with applicable laws. The bill requires a prime contractor to obtain written authorization from a state public body before any party to a construction contract provides remuneration to more than one independent contractor for each contractor, subcontractor, or party to such contract when such contract is valued at greater than $5 million. If a construction contract with a local public body is valued at greater than $5 million the prime contractor shall provide written notification to the local public body justifying remuneration to any independent contractor. The foregoing provisions of the bill not apply to transportation-relatedconstruction projects. Such provisions have a delayed effective date of July 1, 2027.Effective in due course, the bill requires the Secretary of Labor to conduct an 18-month evaluation regarding the feasibility of requiring public bodies to hire apprentices on public works contracts. The bill also directs the Department of General Services and the Department of Labor and Industry to develop guidelines to assist state public bodies in making the determinations required to issue an authorization allowing a contractor, subcontractor, or other party to a public works contract to provide remuneration to an independent contractor in connection with such contract. The Department of General Services shall publish such guidelines on its website no later than July 1, 2027. This bill is identical to SB 324.
AI Summary
This bill, effective July 1, 2027, introduces new requirements for public works construction contracts in Virginia, requiring contractors and their subcontractors to complete specific safety training programs and maintain records of compliance with labor laws, including no more than one significant violation in the past three years related to federal and state labor acts like the National Labor Relations Act and the Fair Labor Standards Act. For construction contracts exceeding $5 million, state public bodies will need to provide written authorization before a contractor can pay more than one independent contractor, ensuring the contractor made a good faith effort to hire employees and that hiring independent contractors is not feasible due to specialized work. Local public bodies will require prime contractors to provide written notification justifying the use of independent contractors for contracts over $5 million, detailing their trade and contact information, and demonstrating compliance with similar feasibility requirements. The bill also mandates that any party paying an independent contractor must provide them with a detailed written notice outlining their independent contractor status, tax obligations, lack of employee protections, employer responsibilities if they hire others, and instructions for reporting misclassification. Additionally, the Secretary of Labor will conduct an 18-month evaluation, starting July 1, 2026, on the feasibility of requiring apprentices on public works contracts, and the Departments of General Services and Labor and Industry will develop guidelines for state public bodies regarding independent contractor authorizations by July 1, 2027.
Committee Categories
Budget and Finance, Government Affairs, Justice
Sponsors (2)
Last Action
Acts of Assembly Chapter text (CHAP1088) (on 04/22/2026)
Taxonomy
Government Operations
- ‐ Government Procurement and Contracting
Labor and Employment
- ‐ Employment Training and Workforce Development
- ‐ Worker Safety and Protection
Official Document
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