SB 4 — PREVAILING WAGE AND FRINGE BENEFIT RATES

SENATEAN BILLACT 4RELATING 55THTO LEGISLATUREPUBLIC -WORKS; STATEOFNEWMEXICO- SECOND SESSION , 2022 INTRODUCED BY Katy M.

DuhiggSPECIFYING andTHAT ChristinePREVAILING ChandlerWAGE ThisRATES documentAND mayPREVAILING incorporateFRINGE amendmentsBENEFIT proposedRATES byARE aTO committee,BE butDETERMINED notANNUALLY yetBY adopted,OCTOBER as1 wellTO asTAKE amendmentsEFFECT thatTHE haveNEXT beenJANUARY adopted1; during the current legislative session.

ThePROVIDING documentTHAT isAN aAPPEAL toolOF toA showDETERMINED amendmentsPREVAILING inWAGE contextRATE andOR cannotPREVAILING beFRINGE usedBENEFIT forRATE theDOES purposeNOT ofSTAY addingIMPLEMENTATION amendmentsOF toTHE legislation.RATE UNLESS MODIFIED BY A FINAL DECISION OR JUDGMENT OR UPON ORDER OF THE COURT.

hBE ANIT ACTENACTED gBY oTHE RELATINGLEGISLATURE TOOF PUBLICTHE WORKS;STATE OF NEW MEXICO:

SPECIFYING THAT PREVAILING WAGE RATES t hr g e i k AND PREVAILING FRINGE BENEFIT RATES ARE TO BE DETERMINED h r i s ANNUALLY BY OCTOBER 1 TO TAKE EFFECT THE NEXT JANUARY 1;

h , t, PROVIDING THAT AN APPEAL OF A DETERMINED PREVAILING WAGE RATE e u g e b l e e h OR PREVAILING FRINGE BENEFIT RATE DOES NOT STAY IMPLEMENTATION n d d i = = o h OF THE RATE UNLESS MODIFIED BY A FINAL DECISION OR JUDGMENT OR l ] b ,d i a º e UPON ORDER OF THE COURT.

r i = r t e w d m a n o d m :

b e d s º o t n = .221328.1AIC January 31, 2022 (5:22pm) s k m e e a n e d r e l u [ A d BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

PREVAILING WAGE AND BENEFIT RATES DETERMINED--DETERMINED--MINIMUM MINIMUM WAGES AND FRINGE BENEFITS ON PUBLIC WORKS--WEEKLY PAYMENT--WITHHOLDING FUNDS.-- A.

Every contract or project in excess of sixty thousand dollars ($60,000) that the state or any political subdivision thereof is a party to for construction, alteration, demolition or repair or any combination of these, including painting and decorating, of public buildings, public works or public roads of the state and that requires or involves the employment of mechanics, laborers or both shall contain a provision stating the minimum wages and fringe benefits to be paid to various classifications of laborers and mechanics, which shall be based upon the wages SB 4 Page 1 and benefits that will be determined by the director to be prevailing for the h corresponding classifications of laborers and mechanics u » r t h employed on contract work of a similar nature in the state or g e l i locality, and every contract or project shall contain a h r i s stipulation that the contractor, subcontractor, employer or a h , e h t u g person acting as a contractor shall pay all mechanics and e b l e e , gh laborers employed on the site of the project, unconditionally n d d i = = o h and not less often than once a week and without subsequent lunlawful ]deduction bor ,drebate ion aany ºaccount, rthe efull ramounts =accrued unlawfulat deductiontime orof rebatepayment oncomputed anyat account,wage therates fulland amountsfringe tbenefit erates wnot dless mthan athose ndetermined opursuant accruedto atSubsection timeB of paymentthis computedsection atto be the prevailing wage rates and prevailing fringe dbenefit mrates :issued for the project.

b r e t º o t n = .221328.1AIC January 31, 2022 (5:22pm) s k m e - 2 - e a n e d r e l u [ A d benefit rates not less than those determined pursuant to Subsection B of this section to be the prevailing wage rates and prevailing fringe benefit rates issued for the project.

Annually, no later than October 11, , the director shall determine prevailing wage rates and prevailing fringe benefit rates to take effect the next January 1 for respective classifications of laborers and mechanics employed on public works projects at the same wage rates and fringe benefit rates used in collective bargaining agreements between labor organizations and their signatory employers that govern predominantly similar classifications of laborers and mechanics for the locality of the public works project and the crafts involved;

(1) if the prevailing wage rates and SB 4 Page 2 prevailing fringe benefit rates cannot reasonably and fairly be determined in a locality because no collective bargaining agreements exist, the director shall determine the prevailing h wage rates and prevailing fringe benefit rates for the same or u » r t h most similar classification of laborer or mechanic in the g e l i nearest and most similar neighboring locality in which h r i s collective bargaining agreements exist;

h , e h t u g (2) the director shall give due regard to e b l e e , gh information obtained during the director's determination of the n d d i = = o h prevailing wage rates and the prevailing fringe benefit rates l ] b ,d i a º r made pursuant to this subsection;

e(3) rany =interested tperson eshall whave dthe mright ato nsubmit oto (3)the anydirector interestedwritten persondata, shallpersonal haveopinions and arguments supporting changes to the rightprevailing dwage mrate :and prevailing fringe benefit rate determination;

b(4) rprevailing ewage trates ºand oprevailing tfringe nbenefit =rates .221328.1AICdetermined Januarypursuant 31,to 2022the (5:22pm)provisions sof kthis msection eshall -be 3compiled -as eofficial arecords nand ekept don rfile ein lthe udirector's [office, Aand d to submit to the directorrecords writtenshall data,be personalupdated opinionsin andaccordance argumentswith supporting changes to the prevailingapplicable wagerates rateused andin prevailingsubsequent fringecollective benefitbargaining rateagreements; determination;

[and(5) ]an (4)appeal prevailingof wagethe rates and prevailing fringewage benefitdetermination rates determined pursuant to the provisions of this section shall benot compiledhave asthe officialeffect recordsof andcreating kepta onstay fileof in the director'simplementation office,of and the recordsrate; shall be updated in accordance with the applicable rates used in subsequent collective bargaining agreements;

SJCºand and»SJCSB SJCº4 (5)Page an3 appeal(6) during the pendency of aan prevailingappeal, wagewhether ratebefore orthe prevailinglabor fringeand benefitindustrial ratecommission determinedor pursuantin toa thecourt, provisionsa court of thiscompetent sectionjurisdiction shallmay notgrant a stay of the implementation of the wage rate unlessbased theon ratea ismotion modifiedmade by a finalparty writtenor decisionan ofinterested person, provided the laborcourt andgives industrialan commissionopportunity orfor byany ainterested finalperson judgmentto ofbe aheard districton court;the matter.

andC. provided further that during the pendency of an appeal, an interested party may request and a district court may grant, upon good cause shown, a stay of h u the implementation of a rate.»SJC SJCº(5) an appeal of the » r t h prevailing wage determination pursuant to the provisions of g e l i this section shall not have the effect of creating a stay of h r i s h , the implementation of the rate;

and e h t u g (6) during the pendency of an appeal, whether e b l e e , gh before the labor and industrial commission or in a court, a n d d i = = o h l ] b ,d court of competent jurisdiction may grant a stay of the i a º r e r = implementation of the wage rate based on a motion made by a t e w d m a n o d m :

b r e t º o t n = .221328.1AIC January 31, 2022 (5:22pm) s k m e - 4 - e a n e d r e l u [ A d party or an interested person, provided the court gives an opportunity for any interested person to be heard on the matter.»SJC C.

provided that there shall be withheld from the contractor, subcontractor, employer or a person acting as a contractor so much of accrued payments as may be considered necessary by the director or contracting officer of the state or political subdivision to pay to laborers and mechanics employed on the project the difference between the prevailing wage rates and prevailing fringe benefit rates required by the director to be paid to laborers and mechanics on the work and the wage rates and fringe benefit rates received by the laborers and mechanics and not refunded to the contractor, subcontractor, employer or a person acting h as a contractor or the contractor's, subcontractor's, u » r t h employer's or person's agents.

g e l i D.

Certified weekly payroll records of a h r i s contracting agency are subject to inspection pursuant to the hSB ,4 ePage h4 t u g Inspection of Public Records Act;

provided that the request e b l e e , gh shall be fulfilled within twenty days of receipt of the written n d d i = = o h request.

Certified weekly payroll records are subject to l ] b ,d i a º r e r = record retention requirements applicable to payroll records of t e w d m a n o a state agency.

dE. m :

b r e t º o t n = .221328.1AIC January 31, 2022 (5:22pm) s k m e - 5 - e a n e d r e l u [ A d E.

A person may file with the director a complaint that a contractor, subcontractor, employer or person acting as a contractor on the project has failed to pay the person wages or fringe benefits at the rates required by the Public Works h g Minimum Wage Act.

Within thirty days after the filing of the o t hr complaint, either party may request in writing a mediation to g e i k resolve the complaint.

hSB r4 iPage s5 G.

The director shall, within thirty days of the h , t, e u g filing of the complaint, commence an investigation of the e b l e e h allegations contained in the complaint.

The director shall, n d d i = = o h within seventy-five days after the completion of mediation or lif ]no bmediation ,dis irequested, awithin ºseventy-five edays rafter ithe =filing rof ifthe nocomplaint, mediationmake isa requested,determination withinsupported seventy-fiveby daysfindings afterof tfact eand wconclusions dof mlaw awhether nthere ohas thebeen filingan underpayment of thewages complaint,or makefringe abenefits determinationor supportedother byviolation dof mthe :Public Works Minimum Wage Act;

b e d s º o t n = .221328.1AIC January 31, 2022 (5:22pm) s k m e - 6 - e a n e d r e l u [ A d findings of fact and conclusions of law whether there has been an underpayment of wages or fringe benefits or other violation of the Public Works Minimum Wage Act;

If the director determines that there has been an underpayment of wages or fringe benefits or a violation of the Public Works Minimum Wage Act, the director shall, in the absence of a voluntary resolution by the parties and within thirty days of making that determination, order the withholding h of accrued payments as provided in Subsection C ofSB this4 uPage »6 rof tthis h section.

g e l i I.

The director shall issue rules necessary to h r i s administer and accomplish the purposes of the Public Works h , e h t u g Minimum Wage Act." eSB b4 lPage e e , gh - 7 -6 n8 d25 d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .221328.1AIC January 31, 2022 (5:22pm) s k m e e a n e d r e l u [ A d