Bill > HB55

This bill amends existing law regarding wage calculations for public works projects, which are construction, alteration, demolition, repair, painting, or decorating projects for public buildings, public works, or public roads valued over $60,000 that involve mechanics or laborers. The key change is to Section 13-4-11 of the New Mexico Statutes Annotated (NMSA) 1978, specifically how prevailing wage and fringe benefit rates are determined. Previously, the director was required to base these rates on collective bargaining agreements in the locality or nearest similar locality if none existed. Now, the director will conduct a continuing program to gather wage and benefit information from various sources, including voluntary submissions from contractors, labor organizations, and the public, and will conduct field surveys if necessary to make determinations. The bill also clarifies that contractors must post these determined prevailing wage rates at the project site and allows for funds to be withheld from contractors to ensure laborers and mechanics receive the correct pay. Additionally, the director is granted new powers to issue subpoenas for investigations and to temporarily halt the release of payment assurances if there's probable cause to believe violations of the Public Works Minimum Wage Act have occurred.