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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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| [which] that 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, [he] the director 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| D. The provisions of the Public Works Minimum Wage
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0001| Act shall not apply to the construction, alteration, demolition
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0002| or repair, or any combination of these, of any public primary,
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0003| secondary or post-secondary educational building or facility."
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0004|
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