0001|                           HOUSE BILL 1031
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                           TIMOTHY E. MACKO
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO PUBLIC PURCHASES AND PROPERTY; AMENDING THE PUBLIC
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0012|     WORKS MINIMUM WAGE ACT TO EXCLUDE THE CONSTRUCTION, ALTERATION,
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0013|     DEMOLITION OR REPAIR OF PRIMARY, SECONDARY OR POST-SECONDARY
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0014|     EDUCATIONAL BUILDINGS OR FACILITIES.
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0015|     
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0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017|          Section 1.  Section 13-4-11 NMSA 1978 (being Laws 1965,
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0018|     Chapter 35, Section 1, as amended) is amended to read:
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0019|          "13-4-11.  MINIMUM WAGES ON PUBLIC WORKS--WEEKLY PAYMENT--
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0020|     POSTING WAGE SCALE--WITHHOLDING FUNDS.--Every contract or
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0021|     project in excess of twenty thousand dollars ($20,000) to which
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0022|     the state or any political subdivision thereof is a party for
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0023|     construction, alteration, demolition or repair or any
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0024|     combination of these, including painting and decorating, of
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0025|     public buildings, public works or public roads of the state and
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0001|     <s>[which]</s> <u>that</u> requires or involves the employment of
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0002|     mechanics, laborers or both shall contain a provision stating
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0003|     the minimum wages to be paid to various classes of laborers and
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0004|     mechanics, which shall be based upon the wages that will be
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0005|     determined by the director of the labor and industrial division
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0006|     of the labor department to be prevailing for the corresponding
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0007|     classes of laborers and mechanics employed on contract work of
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0008|     a similar nature in the state or locality, and every contract
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0009|     or project shall contain a stipulation that the contractor,
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0010|     subcontractor, employer or any person acting as a contractor
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0011|     shall pay all mechanics and laborers employed on the site of
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0012|     the project, unconditionally and not less often than once a
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0013|     week and without subsequent unlawful deduction or rebate on any
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0014|     account, the full amounts accrued at time of payment computed
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0015|     at wage rates not less than those stated in the minimum wage
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0016|     rates issued for the project.
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0017|               A.  For the purpose of making wage determinations,
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0018|     the director of the labor and industrial division of the labor
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0019|     department shall conduct a continuing program for the obtaining
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0020|     and compiling of wage-rate information and shall encourage the
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0021|     voluntary submission of wage-rate data by contractors,
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0022|     contractors' associations, labor organizations, interested
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0023|     persons and public officers.  Before making a determination of
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0024|     wage rates for any project, <s>[he]</s> <u>the director</u> shall give
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0025|     due regard to the information thus obtained.  Whenever the
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0001|     director deems that the data at hand are insufficient to make a
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0002|     wage determination, he may have a field survey conducted for
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0003|     the purpose of obtaining sufficient information upon which to
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0004|     make determination of wage rates.  Any interested person shall
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0005|     have the right to submit to the director written data, views
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0006|     and arguments why the wage determination should be changed.
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0007|               B.  The scale of wages to be paid shall be posted by
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0008|     the contractor or person acting as a contractor in a prominent
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0009|     and easily accessible place at the site of the work; and it is
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0010|     further provided that there may be withheld from the
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0011|     contractor, subcontractor, employer or any person acting as a
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0012|     contractor so much of accrued payments as may be considered
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0013|     necessary by the contracting officer to pay to laborers and
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0014|     mechanics employed on the project the difference between the
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0015|     rates of wages required by the director of the labor and
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0016|     industrial division of the labor department to be paid to
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0017|     laborers and mechanics on the work and the rates of wages
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0018|     received by such laborers and mechanics and not refunded to the
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0019|     contractor, subcontractor, employer or any person acting as a
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0020|     contractor or their agents.
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0021|               C.  The director of the labor and industrial
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0022|     division of the labor department shall have authority to issue
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0023|     rules and regulations necessary to administer and accomplish
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0024|     the purposes of the Public Works Minimum Wage Act.
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0025|               <u>D.  The provisions of the Public Works Minimum Wage
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<u></u>0001| <u>    Act shall not apply to the construction, alteration, demolition
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<u></u>0002| <u>    or repair, or any combination of these, of any public primary,
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<u></u>0003| <u>    secondary or post-secondary educational building or facility.</u>"
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0004|                              
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