HF 1186

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to prevailing hours and wage; applying 
  1.3             average pay to determine prevailing wage rate; 
  1.4             exempting workers for certain plants from prevailing 
  1.5             wage law; amending Minnesota Statutes 2002, sections 
  1.6             177.42, subdivisions 3, 6, by adding a subdivision; 
  1.7             177.43, subdivision 2; 177.44, subdivision 2. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 177.42, 
  1.10  subdivision 3, is amended to read: 
  1.11     Subd. 3.  [AREA.] "Area" means the county or other locality 
  1.12  from which labor for any project is normally secured in which 
  1.13  the project is located.  
  1.14     Sec. 2.  Minnesota Statutes 2002, section 177.42, is 
  1.15  amended by adding a subdivision to read: 
  1.16     Subd. 3a.  [METROPOLITAN AREA.] "Metropolitan area" has the 
  1.17  meaning stated in section 473.121, subdivision 2. 
  1.18     Sec. 3.  Minnesota Statutes 2002, section 177.42, 
  1.19  subdivision 6, is amended to read: 
  1.20     Subd. 6.  [PREVAILING WAGE RATE.] "Prevailing wage rate" 
  1.21  means the average of the hourly basic rate rates of pay plus the 
  1.22  contribution contributions for health and welfare benefits, 
  1.23  vacation benefits, pension benefits, and any other economic 
  1.24  benefit paid to the largest number of workers engaged in the 
  1.25  same class of labor within the area and includes, for the 
  1.26  purposes of section 177.44, rental rates for truck hire paid to 
  2.1   those who own and operate the truck.  The prevailing wage rate 
  2.2   may not be less than a reasonable and living wage.  
  2.3      Sec. 4.  Minnesota Statutes 2002, section 177.43, 
  2.4   subdivision 2, is amended to read: 
  2.5      Subd. 2.  [EXCEPTIONS.] This section does not apply, with 
  2.6   respect to projects in the metropolitan area, to wage rates and 
  2.7   hours of employment of laborers or mechanics who process or 
  2.8   manufacture materials or products or to the delivery of 
  2.9   materials or products by or for commercial establishments which 
  2.10  have a fixed place of business from which they regularly supply 
  2.11  processed or manufactured materials or products.  With respect 
  2.12  to projects outside the metropolitan area, this section does not 
  2.13  apply to wage rates and hours of employment of laborers or 
  2.14  mechanics who process or manufacture materials or products or to 
  2.15  the delivery of materials or products by or for a processing or 
  2.16  manufacturing plant located outside the limits of a project.  
  2.17  This section applies to laborers or mechanics who deliver 
  2.18  mineral aggregate such as sand, gravel, or stone which is 
  2.19  incorporated into the work under the contract by depositing the 
  2.20  material substantially in place, directly or through spreaders, 
  2.21  from the transporting vehicle. 
  2.22     Sec. 5.  Minnesota Statutes 2002, section 177.44, 
  2.23  subdivision 2, is amended to read: 
  2.24     Subd. 2.  [APPLICABILITY.] This section does not apply, 
  2.25  with respect to projects in the metropolitan area, to wage rates 
  2.26  and hours of employment of laborers or mechanics engaged in the 
  2.27  processing or manufacture of materials or products, or to the 
  2.28  delivery of materials or products by or for commercial 
  2.29  establishments which have a fixed place of business from which 
  2.30  they regularly supply the processed or manufactured materials or 
  2.31  products.  With respect to projects outside the metropolitan 
  2.32  area, this section does not apply to wage rates and hours of 
  2.33  employment of laborers or mechanics who process or manufacture 
  2.34  materials or products or to the delivery of materials or 
  2.35  products by or for a processing or manufacturing plant located 
  2.36  outside the limits of the project.  This section applies to 
  3.1   laborers or mechanics who deliver mineral aggregate such as 
  3.2   sand, gravel, or stone which is incorporated into the work under 
  3.3   the contract by depositing the material substantially in place, 
  3.4   directly or through spreaders, from the transporting vehicle.