0001| SENATE BILL 724 | 0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, | 0003| 1996 | 0004| INTRODUCED BY | 0005| RICHARD M. ROMERO | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO PUBLIC WORKS CONTRACTS; AMENDING A SECTION OF THE | 0013| PUBLIC WORKS MINIMUM WAGE ACT TO ALLOW PAYMENT OF WAGES ON A | 0014| TWICE-MONTHLY BASIS; AMENDING THE DEFINITION OF WAGES. | 0015| | 0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0017| Section 1. Section 13-4-11 NMSA 1978 (being Laws 1965, | 0018| Chapter 35, Section 1, as amended) is amended to read: | 0019| "13-4-11. MINIMUM WAGES ON PUBLIC WORKS--[WEEKLY | 0020| PAYMENT] TWICE-MONTHLY PAYMENTS--POSTING WAGE SCALE--WITHHOLDING FUNDS.--Every contract or project in excess of | 0021| twenty thousand dollars ($20,000) to which the state or any | 0022| political subdivision thereof is a party for construction, | 0023| alteration, demolition or repair or any combination of these, | 0024| including painting and decorating, of public buildings, public | 0025| works or public roads of the state and [which] that requires | 0001| or involves the employment of mechanics, laborers or both shall | 0002| contain a provision stating the minimum wages to be paid to | 0003| various classes of laborers and mechanics, which shall be based | 0004| upon the wages that will be determined by the director of the | 0005| labor and industrial division of the labor department to be | 0006| prevailing for the corresponding classes of laborers and | 0007| mechanics employed on contract work of a similar nature in the | 0008| state or locality, and every contract or project shall contain a | 0009| stipulation that the contractor, subcontractor, employer or any | 0010| person acting as a contractor shall pay all mechanics and | 0011| laborers employed on the site of the project, unconditionally | 0012| and not less often than [once a week] twice a month and | 0013| without subsequent unlawful deduction or rebate on any account, | 0014| the full amounts accrued at time of payment computed at wage | 0015| rates not less than those stated in the minimum wage rates | 0016| issued for the project. | 0017| A. For the purpose of making wage determinations, | 0018| the director of the labor and industrial division of the labor | 0019| department shall conduct a continuing program for the obtaining | 0020| and compiling of wage-rate information and shall encourage the | 0021| voluntary submission of wage-rate data by contractors, | 0022| contractors' associations, labor organizations, interested | 0023| persons and public officers. Before making a determination of | 0024| wage rates for any project, [he] the director shall give due | 0025| regard to the information thus obtained. Whenever the director | 0001| deems that the data at hand are insufficient to make a wage | 0002| determination, he may have a field survey conducted for the | 0003| purpose of obtaining sufficient information upon which to make | 0004| determination of wage rates. Any interested person shall have | 0005| the right to submit to the director written data, views and | 0006| arguments why the wage determination should be changed. | 0007| B. The scale of wages to be paid shall be posted by | 0008| the contractor or person acting as a contractor in a prominent | 0009| and easily accessible place at the site of the work; and it is | 0010| further provided that there may be withheld from the contractor, | 0011| subcontractor, employer or any person acting as a contractor so | 0012| much of accrued payments as may be considered necessary by the | 0013| contracting officer to pay to laborers and mechanics employed on | 0014| the project the difference between the rates of wages required | 0015| by the director of the labor and industrial division of the | 0016| labor department to be paid to laborers and mechanics on the | 0017| work and the rates of wages received by such laborers and | 0018| mechanics and not refunded to the contractor, subcontractor, | 0019| employer or any person acting as a contractor or their agents. | 0020| C. The director of the labor and industrial division | 0021| of the labor department shall have authority to issue rules and | 0022| regulations necessary to administer and accomplish the purposes | 0023| of the Public Works Minimum Wage Act." | 0024| Section 2. Section 13-4-12 NMSA 1978 (being Laws 1965, | 0025| Chapter 35, Section 2, as amended) is amended to read: | 0001| "13-4-12. DEFINITION OF THE TERM "WAGES".-- | 0002| A. As used in Section 13-4-11 NMSA 1978, "wages", | 0003| "scale of wages", "wage rates", "minimum wages" and "prevailing | 0004| wages" include: | 0005| (1) the basic hourly rate of pay including | 0006| payments made directly to an employee to enable the employee to | 0007| purchase health insurance; and | 0008| (2) the amount of: | 0009| (a) the rate of contribution irrevocably | 0010| made by a contractor, subcontractor, employer or any person | 0011| acting as a contractor to a trustee or a third person pursuant | 0012| to a fund, plan or program; and | 0013| (b) the rate of costs to a contractor, | 0014| subcontractor, employer or any person acting as a contractor | 0015| [which] that reasonably may be anticipated in providing | 0016| benefits to laborers and mechanics pursuant to an enforceable | 0017| commitment to carry out a financially responsible plan or | 0018| program [which] that was communicated in writing to the | 0019| laborers and mechanics affected for: 1) medical or hospital | 0020| care; 2) pensions on retirement or death; 3) compensation for | 0021| injuries or illness resulting from occupational activity; or 4) | 0022| insurance to provide for any of the foregoing; and for: 5) | 0023| unemployment benefits; 6) life insurance; 7) disability and | 0024| sickness insurance; 8) accident insurance; 9) vacation and | 0025| holiday pay; 10) costs of apprenticeship or other similar | 0001| programs; or for 11) other bona fide fringe benefits; but only | 0002| where the contractor, subcontractor, employer or any person | 0003| acting as a contractor is not required by other federal, state | 0004| or local law to provide any of the foregoing or similar | 0005| benefits. | 0006| B. The obligation of a contractor, subcontractor, | 0007| employer or person acting as a contractor to make payment in | 0008| accordance with the prevailing wage determinations of the | 0009| director of the labor and industrial division of the labor | 0010| department, insofar as Section 13-4-11 NMSA 1978 or other | 0011| sections of legislative acts incorporating Section 13-4-11 NMSA | 0012| 1978 are concerned, may be discharged by: | 0013| (1) the making of payments in cash; | 0014| (2) the making of contributions of a type | 0015| referred to in Subparagraph (a) of Paragraph (2) of Subsection A | 0016| of this section; or | 0017| (3) the assumption of an enforceable commitment | 0018| to bear the costs of a plan or program of a type referred to in | 0019| Subparagraph (b) of Paragraph (2) of Subsection A of this | 0020| section or any combination thereof where the aggregate of any | 0021| payments or contributions and costs therefor is not less than | 0022| the rate of pay described in Section 13-4-11 NMSA 1978 plus the | 0023| amount referred to in this section. | 0024| C. The provisions of this section shall not affect | 0025| existing contracts or contracts resulting from bids outstanding | 0001| on July 15, 1965." | 0002|  | 0003| | 0004| FORTY-SECOND LEGISLATURE | 0005| SECOND SESSION, 1996 | 0006| | 0007| | 0008| FEBRUARY 1, 1996 | 0009| | 0010| Mr. President: | 0011| | 0012| Your COMMITTEES' COMMITTEE, to whom has been referred | 0013| | 0014| SENATE BILL 724 | 0015| | 0016| has had it under consideration and finds same to be GERMANE, PURSUANT | 0017| TO CONSTITUTIONAL PROVISIONS, and thence referred to the PUBLIC | 0018| AFFAIRS COMMITTEE. | 0019| | 0020| Respectfully submitted, | 0021| | 0022| | 0023| | 0024| | 0025| __________________________________ | 0001| SENATOR MANNY M. ARAGON, Chairman | 0002| | 0003| | 0004| | 0005| Adopted_______________________ Not Adopted_______________________ | 0006| (Chief Clerk) (Chief Clerk) | 0007| | 0008| | 0009| Date ________________________ | 0010| | 0011| | 0012| | 0013| S0724CC1 |