SENATE BILL 178

46th legislature - STATE OF NEW MEXICO - second session, 2004

INTRODUCED BY

Manny M. Aragon

AN ACT

RELATING TO PUBLIC WORKS; REQUIRING REGISTRATION OF CERTAIN CONTRACTORS AND SUBCONTRACTORS; IMPOSING A FEE; CREATING A FUND; PROVIDING FOR REMEDIES; MAKING AN APPROPRIATION.

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

     Section 1. A new section of the Public Works Minimum Wage Act is enacted to read:

     "[NEW MATERIAL] PUBLIC WORKS CONTRACTS--REGISTRATION OF CONTRACTORS AND SUBCONTRACTORS.--

          A. A contractor shall not bid on a contract for a public works project that is subject to the Public Works Minimum Wage Act if the contractor is not registered with the labor and industrial division of the labor department. A contractor shall not list a subcontractor in the bid proposal for a contract for a public works project subject to the Public Works Minimum Wage Act or use a subcontractor in performance of the contract unless the subcontractor is registered with the division. All tiers of subcontractors shall be registered for the purposes of this subsection.

          B. The state or any political subdivision of the state shall not accept a bid on a public works project subject to the Public Works Minimum Wage Act from a contractor that does not provide proof of registration with the division.

          C. Contractors and subcontractors shall register with the division on a form provided by the division and in accordance with labor department rules. The division shall charge an annual registration fee of two hundred dollars ($200). The division shall issue to the applicant a certificate of registration within fifteen days after receiving from the applicant the completed registration form and the registration fee.

          D. Registration fees collected by the division shall be deposited in the labor enforcement fund.

          E. For the purposes of this section, "contractor" and "subcontractor" include any party acting in such capacity regardless of professional licensure, including public entities."

     Section 2. A new section of the Public Works Minimum Wage Act is enacted to read:

     "[NEW MATERIAL] LABOR ENFORCEMENT FUND--CREATION--USE.--The "labor enforcement fund" is created in the state treasury. The fund shall consist of contractor and subcontractor registration fees collected by the labor and industrial division of the labor department and all investment and interest income from the fund. The fund shall be administered by the division and money in the fund is appropriated to the division for administration and enforcement of the Public Works Minimum Wage Act. Money in the fund shall not revert to the general fund at the end of a fiscal year."

     Section 3. A new section of the Public Works Minimum Wage Act is enacted to read:

     "[NEW MATERIAL] REGISTRATION CANCELLATION, REVOCATION, SUSPENSION--INJUNCTIVE RELIEF.--The director of the labor and industrial division of the labor department may:

          A. cancel, revoke or suspend with conditions the registration of any party required to be registered pursuant to the Public Works Minimum Wage Act for failure to comply with the registration provisions or for good cause; and

          B. seek injunctive relief in district court for failure to comply with the registration provisions of the Public Works Minimum Wage Act."

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