HF 1476

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/04/2011 04:37pm

A bill for an act
relating to labor and employment; adding and modifying prevailing wage
provisions; amending Minnesota Statutes 2010, section 177.42, subdivisions 4,
6; proposing coding for new law in Minnesota Statutes, chapter 177; repealing
Minnesota Rules, part 5200.1020, subparts 1, 2, 5.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 177.42, subdivision 4, is amended to read:

Subd. 4.

Prevailing hours of labor.

"Prevailing hours of labor" means the hours
of labor deleted text beginper day and deleted text end per week deleted text beginworked within the area by a larger number of workers of
the same class than are employed within the area for any other number of hours per day
and per week deleted text end. The prevailing hours of labor may not be more than deleted text begineight hours per day
or more than deleted text end 40 hours per week.

Sec. 2.

Minnesota Statutes 2010, section 177.42, subdivision 6, is amended to read:

Subd. 6.

Prevailing wage rate.

"Prevailing wage rate" means the deleted text beginhourly basic
rate of pay plus the contribution paid to or for the largest number of deleted text end new text begin mean hourly
compensation paid to new text end workers engaged in the same class of labor within the area new text begin. The
mean hourly compensation includes the hourly basic rate plus the contribution new text end for medical
or hospital care, pensions on retirement or death, compensation for injuries or illness
resulting from occupational activity, or insurance to provide any of the foregoing, for
unemployment benefits, life insurance, disability and sickness insurance, or accident
insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other
similar programs, or for other bona fide fringe benefits, but only where the contractor or
subcontractor is not required by other federal, state, or local law to provide any of those
benefits, the amount of:

(1) the rate of contribution irrevocably made by a contractor or subcontractor to a
trustee or to a third person under a fund, plan, or program; and

(2) the rate of costs to the contractor or subcontractor that may be reasonably
anticipated in providing benefits to laborers and mechanics pursuant to an enforceable
commitment to carry out a financially responsible plan or program which was
communicated in writing to the laborers and mechanics affected.

"Prevailing wage rate" includes, for the purposes of section 177.44, rental rates for
truck hire paid to those who own and operate the truck.

The prevailing wage rate may not be less than a reasonable and living wage.

Sec. 3.

new text begin [177.421] PREVAILING WAGE DETERMINATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Highway and heavy construction. new text end

new text begin The department shall, at least
once every two calendar years, determine and certify prevailing wage rates applicable
to state projects that are similar in nature to public and private highway and heavy
construction projects where the estimated total cost of completing the project is $25,000
or more.
new text end

new text begin Subd. 2. new text end

new text begin Commercial type construction. new text end

new text begin The department shall, at least once every
two calendar years, determine and certify prevailing wage rates applicable to state projects
that are similar in nature to public and private commercial projects where the estimated
total cost of completing the project is $2,500 or more.
new text end

new text begin Subd. 3. new text end

new text begin Survey data. new text end

new text begin Each wage survey shall be based upon work performed
in the 24 months preceding the date the survey is commenced and the resulting wage
determinations certified following the close of the survey.
new text end

new text begin Subd. 4. new text end

new text begin Rule modification. new text end

new text begin The commissioner shall adopt or amend rules as
necessary to reflect this section. Rules may be adopted or amended using the process
under section 14.388.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 5200.1020, subparts 1, 2, and 5, new text end new text begin are repealed.
new text end