0001|                            HOUSE BILL 323
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                          TERRY T. MARQUARDT
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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 WORKS; EXEMPTING FROM CERTAIN REQUIREMENTS
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0012|     THOSE CONTRACTS OR PROJECTS IN WHICH A LOCAL SCHOOL DISTRICT
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0013|     OR A POST-SECONDARY EDUCATIONAL INSTITUTION IS A PARTY.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 13-4-11 NMSA 1978 (being Laws 1965,
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0017|     Chapter 35, Section 1, as amended) is amended to read:
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0018|          "13-4-11.  MINIMUM WAGES ON PUBLIC WORKS--WEEKLY PAYMENT--
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0019|     POSTING WAGE SCALE--WITHHOLDING FUNDS.--Every contract or
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0020|     project in excess of twenty thousand dollars ($20,000) to which
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0021|     the state or any political subdivision thereof is a party for
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0022|     construction, alteration, demolition or repair or any
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0023|     combination of these, including painting and decorating, of
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0024|     public buildings, public works or public roads of the state and
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0025|     which requires or involves the employment of mechanics,
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0001|     laborers or both shall contain a provision stating the minimum
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0002|     wages to be paid to various classes of laborers and mechanics,
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0003|     which shall be based upon the wages that will be determined by
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0004|     the director of the labor and industrial division of the labor
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0005|     department to be prevailing for the corresponding classes of
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0006|     laborers and mechanics employed on contract work of a similar
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0007|     nature in the state or locality, and every contract or project
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0008|     shall contain a stipulation that the contractor, subcontractor,
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0009|     employer or any person acting as a contractor shall pay all
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0010|     mechanics and laborers employed on the site of the project,
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0011|     unconditionally and not less often than once a week and without
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0012|     subsequent unlawful deduction or rebate on any account, the
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0013|     full amounts accrued at time of payment computed at wage rates
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0014|     not less than those stated in the minimum wage rates issued for
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0015|     the project.
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0016|               A.  For the purpose of making wage determinations,
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0017|     the director of the labor and industrial division of the labor
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0018|     department shall conduct a continuing program for the obtaining
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0019|     and compiling of wage-rate information and shall encourage the
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0020|     voluntary submission of wage-rate data by contractors,
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0021|     contractors' associations, labor organizations, interested
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0022|     persons and public officers.  Before making a determination of
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0023|     wage rates for any project, <s>[he]</s> <u>the director</u> shall give
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0024|     due regard to the information thus obtained.  Whenever the
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0025|     director deems that the data at hand are insufficient to make a
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0001|     wage determination, he may have a field survey conducted for
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0002|     the purpose of obtaining sufficient information upon which to
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0003|     make determination of wage rates.  Any interested person shall
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0004|     have the right to submit to the director written data, views
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0005|     and arguments why the wage determination should be changed.
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0006|               B.  The scale of wages to be paid shall be posted by
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0007|     the contractor or person acting as a contractor in a prominent
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0008|     and easily accessible place at the site of the work; and it is
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0009|     further provided that there may be withheld from the
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0010|     contractor, subcontractor, employer or any person acting as a
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0011|     contractor so much of accrued payments as may be considered
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0012|     necessary by the contracting officer to pay to laborers and
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0013|     mechanics employed on the project the difference between the
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0014|     rates of wages required by the director of the labor and
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0015|     industrial division of the labor department to be paid to
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0016|     laborers and mechanics on the work and the rates of wages
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0017|     received by such laborers and mechanics and not refunded to the
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0018|     contractor, subcontractor, employer or any person acting as a
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0019|     contractor or their agents.
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0020|               C.  The director of the labor and industrial division
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0021|     of the labor department <s>[shall have authority to]</s> <u>may</u> issue
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0022|     rules <s>[and regulations]</s> necessary to administer and
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0023|     accomplish the purposes of the Public Works Minimum Wage Act.
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0024|               <u>D.  As used in this section, "state or any political
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<u></u>0025| <u>    subdivision thereof" does not include a local school district,
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<u></u>0001| <u>    a local school board, a post-secondary educational institution
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<u></u>0002| <u>    or the governing board of a post-secondary educational
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<u></u>0003| <u>    institution.</u>"
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0004|                               
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