HF 1262

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to wages; requiring that prevailing wages be 
  1.3             consistent with the comparable worth of occupations; 
  1.4             amending Minnesota Statutes 1998, sections 177.42, 
  1.5             subdivision 6; and 177.43, subdivision 4; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 177. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 177.42, 
  1.9   subdivision 6, is amended to read: 
  1.10     Subd. 6.  [PREVAILING WAGE RATE.] "Prevailing wage rate" 
  1.11  means the hourly basic rate of pay plus the contribution for 
  1.12  health and welfare benefits, vacation benefits, pension 
  1.13  benefits, and any other economic benefit paid to the largest 
  1.14  number of workers engaged in the same class of labor within the 
  1.15  area and includes, for the purposes of section 177.44, rental 
  1.16  rates for truck hire paid to those who own and operate the 
  1.17  truck.  Where an adjustment to the prevailing wage rate is 
  1.18  required by section 177.431, "prevailing wage rate" means the 
  1.19  adjusted rate.  The prevailing wage rate may not be less than a 
  1.20  reasonable and living wage.  
  1.21     Sec. 2.  Minnesota Statutes 1998, section 177.43, 
  1.22  subdivision 4, is amended to read: 
  1.23     Subd. 4.  [DETERMINATION BY COMMISSIONER.] The prevailing 
  1.24  wage rates, prevailing hours of labor, and hourly basic rates of 
  1.25  pay for all trades and occupations required in any project must 
  1.26  be ascertained before the state asks for bids.  The commissioner 
  2.1   of labor and industry shall investigate as necessary to 
  2.2   ascertain the information.  All prevailing wage determinations 
  2.3   by the commissioner must be made in accordance with the 
  2.4   comparable worth provisions of section 177.431.  The 
  2.5   commissioner shall keep the information posted on the project in 
  2.6   at least one conspicuous place for the information of the 
  2.7   employees working on the project.  A person aggrieved by a final 
  2.8   determination of the commissioner may petition the commissioner 
  2.9   for reconsideration of findings.  A person aggrieved by a 
  2.10  decision of the commissioner after reconsideration may, within 
  2.11  20 days after the decision, petition the commissioner for a 
  2.12  public hearing in the manner of a contested case under sections 
  2.13  14.57 to 14.61. 
  2.14     Sec. 3.  [177.431] [COMPARABLE WORTH.] 
  2.15     Subdivision 1.  [COMPARABLE WORTH VALUES.] The commissioner 
  2.16  shall determine, for every occupation for which a prevailing 
  2.17  wage determination is made, the skills, education, effort, 
  2.18  responsibility, and experience required for that occupation.  On 
  2.19  the basis of these determinations, the commissioner shall assign 
  2.20  a comparable worth value to each occupation. 
  2.21     Subd. 2.  [COMPARABLE WORTH ADJUSTMENTS REQUIRED.] In 
  2.22  determining prevailing wages, the commissioner must ensure that 
  2.23  no occupation in any county is assigned a prevailing wage higher 
  2.24  than the prevailing wage assigned in that county to an 
  2.25  occupation with a higher comparable worth value.  The 
  2.26  commissioner shall issue adjusted wage determinations where 
  2.27  necessary to comply with this subdivision. 
  2.28     Sec. 4.  [REPORT.] 
  2.29     By January 1, 2000, the commissioner of labor and industry 
  2.30  shall report to the legislature on methods of making comparable 
  2.31  worth adjustments to prevailing wages that will, to the extent 
  2.32  possible, (1) avoid overall inflation of prevailing wages in any 
  2.33  county, (2) ensure that the prevailing wages issued actually 
  2.34  reflect the wages being paid in the county, and (3) continue to 
  2.35  use the survey process as the primary determinant of prevailing 
  2.36  wages. 
  3.1      Sec. 5.  [EFFECTIVE DATE.] 
  3.2      Sections 1 to 3 are effective June 30, 2000.