0001|                            SENATE BILL 678
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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|                            L. SKIP VERNON
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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; AMENDING SECTION 13-4-11 NMSA 1978
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0012|     (BEING LAWS 1965, CHAPTER 35, SECTION 1, AS AMENDED).
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  Section 13-4-11 NMSA 1978 (being Laws 1965,
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0016|     Chapter 35, Section 1, as amended) is amended to read:
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0017|          "13-4-11.  MINIMUM WAGES ON PUBLIC WORKS--WEEKLY PAYMENT--
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0018|     POSTING WAGE SCALE--WITHHOLDING FUNDS.--Every contract or
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0019|     project in excess of <s>[twenty thousand dollars ($20,000)]</s> <u>one
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<u></u>0020| <u>    hundred thousand dollars ($100,000)</u> to which the state or any
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0021|     political subdivision thereof is a party for construction,
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0022|     alteration, demolition or repair or any combination of these,
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0023|     including painting and decorating, of public buildings, public
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0024|     works or public roads of the state and which requires or
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0025|     involves the employment of mechanics, laborers or both shall
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0001|     contain a provision stating the minimum wages to be paid to
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0002|     various classes of laborers and mechanics, which shall be based
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0003|     upon the wages that will be determined by the director of the
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0004|     labor and industrial division of the labor department to be
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0005|     prevailing for the corresponding classes of laborers and
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0006|     mechanics employed on contract work of a similar nature in the
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0007|     state or locality, and every contract or project shall contain
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0008|     a stipulation that the contractor, subcontractor, employer or
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0009|     any person acting as a contractor shall pay all mechanics and
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0010|     laborers employed on the site of the project, unconditionally
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0011|     and not less often than once a week and without subsequent
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0012|     unlawful deduction or rebate on any account, the full amounts
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0013|     accrued at time of payment computed at wage rates not less than
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0014|     those stated in the minimum wage rates issued for the project.
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0015|               A.  For the purpose of making wage determinations,
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0016|     the director of the labor and industrial division of the labor
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0017|     department shall conduct a continuing program for the obtaining
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0018|     and compiling of wage-rate information and shall encourage the
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0019|     voluntary submission of wage-rate data by contractors,
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0020|     contractors' associations, labor organizations, interested
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0021|     persons and public officers.  Before making a determination of
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0022|     wage rates for any project, <s>[he]</s> <u>the director</u> shall give
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0023|     due regard to the information thus obtained.  Whenever the
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0024|     director deems that the data at hand are insufficient to make a
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0025|     wage determination, he may have a field survey conducted for
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0001|     the purpose of obtaining sufficient information upon which to
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0002|     make determination of wage rates.  Any interested person shall
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0003|     have the right to submit to the director written data, views
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0004|     and arguments why the wage determination should be changed.
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0005|               B.  The scale of wages to be paid shall be posted by
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0006|     the contractor or person acting as a contractor in a prominent
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0007|     and easily accessible place at the site of the work; and it is
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0008|     further provided that there may be withheld from the
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0009|     contractor, subcontractor, employer or any person acting as a
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0010|     contractor so much of accrued payments as may be considered
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0011|     necessary by the contracting officer to pay to laborers and
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0012|     mechanics employed on the project the difference between the
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0013|     rates of wages required by the director of the labor and
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0014|     industrial division of the labor department to be paid to
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0015|     laborers and mechanics on the work and the rates of wages
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0016|     received by such laborers and mechanics and not refunded to the
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0017|     contractor, subcontractor, employer or any person acting as a
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0018|     contractor or their agents.
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0019|               C.  The director of the labor and industrial
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0020|     division of the labor department shall have authority to issue
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0021|     rules and regulations necessary to administer and accomplish
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0022|     the purposes of the Public Works Minimum Wage Act."
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0023|                                  
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0024|            
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0025|   
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0001|                      FORTY-THIRD LEGISLATURE
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0002|                        FIRST SESSION, 1997
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0003|   
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0004|   
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0005|                                                   March 6, 1997
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0006|   
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0007|   Mr. President:
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0008|   
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0009|       Your FINANCE COMMITTEE, to whom has been referred
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0010|   
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0011|                          SENATE BILL 674
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0012|   
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0013|   has had it under consideration and reports same with
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0014|   recommendation that it DO PASS.
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0015|   
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0016|                                Respectfully submitted,
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0017|   
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0018|   
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0019|   
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0020|                                
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0021|   __________________________________
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0022|                                Ben D. Altamirano, Chairman 
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0023|   
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0024|   
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0025|   
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0001|   Adopted_______________________   Not
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0002|   Adopted_______________________
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0003|             (Chief Clerk)                          (Chief Clerk)
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0004|   
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0005|   
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0006|   
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0007|                     Date ________________________
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0008|   
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0009|   
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0010|   The roll call vote was <u> 7 </u> For <u> 0 </u> Against
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0011|           Yes:    7
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0012|           No:     None
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0013|                Excused:     Carraro, Eisenstadt, Lyons, McKibben
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0014|           Absent: None
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0015|   
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0016|   
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0017|   S0674FC1
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