SENATE TAX, BUSINESS AND TRANSPORTATION

COMMITTEE SUBSTITUTE FOR

SENATE BILL 59

57th legislature - STATE OF NEW MEXICO - first session, 2025

 

 

 

 

 

 

 

AN ACT

RELATING TO PUBLIC WORKS; DEFINING "SITE OF THE PROJECT", WHICH INCLUDES OFF-SITE FABRICATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 13-4-10.1 NMSA 1978 (being Laws 2009, Chapter 206, Section 2) is amended to read:

     "13-4-10.1. DEFINITIONS.--As used in the Public Works Minimum Wage Act:

          A. "director" means the director of the division;

          B. "division" means the labor relations division of the workforce solutions department;

          C. "fringe benefit" means payments made by a contractor, subcontractor, employer or person acting as a contractor, if the payment has been authorized through a negotiated process or by a collective bargaining agreement, for:

                (1) holidays;

                (2) time off for sickness or injury;

                (3) time off for personal reasons or vacation;

                (4) bonuses;

                (5) authorized expenses incurred during the course of employment;

                (6) health, life and accident or disability insurance;

                (7) profit-sharing plans;

                (8) contributions made on behalf of an employee to a retirement or other pension plan; and

                (9) any other compensation paid to an employee other than wages;

          D. "labor organization" means an organization of any kind, or an agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work; [and]

          E. "site of the project" means the physical location of a public works project as well as any off-site fabrication locations that engage in the fabrication of heating, cooling, ventilation or exhaust duct systems that are part of the public works project; and

          [E.] F. "wage" means the basic hourly rate of pay."

     SECTION 2. APPLICABILITY.--The provisions of this act apply to requests for proposals, invitations for bid or other procurement for public works projects issued on or after July 1, 2025.

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