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HOUSE BILL 6
57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
INTRODUCED BY
Reena Szczepanski
AN ACT
RELATING TO MINIMUM WAGE; REQUIRING THAT PROJECTS UNDERTAKEN BY
A MUNICIPALITY OR COUNTY THROUGH THE ISSUANCE OF INDUSTRIAL
REVENUE BONDS PAY THE PREVAILING WAGE AND COMPLY WITH THE
PROVISIONS OF SECTION 13-4-11 NMSA 1978 (BEING LAWS 1965,
CHAPTER 35, SECTION 1, AS AMENDED).
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 13-4-11 NMSA 1978 (being Laws 1965,
Chapter 35, Section 1, as amended) is amended to read:
"13-4-11. PREVAILING WAGE AND BENEFIT RATES DETERMINED--
MINIMUM WAGES AND FRINGE BENEFITS ON PUBLIC WORKS--WEEKLY
PAYMENT--WITHHOLDING FUNDS--INDUSTRIAL REVENUE BOND PROJECTS .--
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,
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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 and benefits that will be
determined by the director to be prevailing for the
corresponding classifications of laborers and mechanics
employed on contract work of a similar nature in the state or
locality, and every contract or project shall contain a
stipulation that the contractor, subcontractor, employer or a
person acting as a contractor shall pay all mechanics and
laborers employed on the site of the project, unconditionally
and not less often than once a week and without subsequent
unlawful deduction or rebate on any account, the full amounts
accrued at time of payment computed at wage rates and fringe
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.
B. Annually, no later than October 1, 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
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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; provided that:
(1) if the prevailing wage rates and
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
wage rates and prevailing fringe benefit rates for the same or
most similar classification of laborer or mechanic in the
nearest and most similar neighboring locality in which
collective bargaining agreements exist;
(2) the director shall give due regard to
information obtained during the director's determination of the
prevailing wage rates and the prevailing fringe benefit rates
made pursuant to this subsection;
(3) any interested person shall have the right
to submit to the director written data, personal opinions and
arguments supporting changes to the prevailing wage rate and
prevailing fringe benefit rate determination;
(4) prevailing wage rates and prevailing
fringe benefit rates determined pursuant to the provisions of
this section shall be compiled as official records and kept on
file in the director's office, and the records shall be updated
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in accordance with the applicable rates used in subsequent
collective bargaining agreements;
(5) an appeal of the prevailing wage
determination pursuant to the provisions of this section shall
not have the effect of creating a stay of the implementation of
the rate; and
(6) during the pendency of an appeal, whether
before the labor and industrial commission or in a court, a
court of competent jurisdiction may grant a stay of the
implementation of the wage rate based on a motion made by a
party or an interested person, provided the court gives an
opportunity for any interested person to be heard on the
matter.
C. The prevailing wage rates and prevailing fringe
benefit rates to be paid shall be posted by the contractor or
person acting as a contractor in a prominent and easily
accessible place at the site of the work; 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
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rates received by the laborers and mechanics and not refunded
to the contractor, subcontractor, employer or a person acting
as a contractor or the contractor's, subcontractor's,
employer's or person's agents.
D. Certified weekly payroll records of a
contracting agency are subject to inspection pursuant to the
Inspection of Public Records Act; provided that the request
shall be fulfilled within twenty days of receipt of the written
request. Certified weekly payroll records are subject to
record retention requirements applicable to payroll records of
a state agency.
E. Notwithstanding any other provision of law
applicable to public works contracts or agreements, the
director may, with cause:
(1) issue investigative or hearing subpoenas
for the production of documents or witnesses pertaining to
public works prevailing wage projects; and
(2) attach and prohibit the release of any
assurance of payment required under Section 13-4-18 NMSA 1978
for a reasonable period of time beyond the time limits
specified in that section until the director satisfactorily
resolves any probable cause to believe a violation of the
Public Works Minimum Wage Act or its implementing rules has
taken place.
F. A person may file with the director a complaint
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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
Minimum Wage Act. Within thirty days after the filing of the
complaint, either party may request in writing a mediation to
resolve the complaint.
G. The director shall, within thirty days of the
filing of the complaint, commence an investigation of the
allegations contained in the complaint. The director shall,
within seventy-five days after the completion of mediation or
if no mediation is requested, within seventy-five days after
the filing of the complaint, make a determination supported by
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; provided that if the
complaint is of a continuing or significantly complex nature or
involves multiple projects or job sites, the director may
extend the time in which to make a determination by up to six
months by providing written notice and an explanation to all
parties of the need to extend the time. Prior to issuing a
determination, the director shall provide the contractor,
subcontractor, employer or other person against whom the
complaint has been filed with an opportunity to respond to the
complaint and provide any exculpatory evidence.
H. If the director determines that there has been
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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
of accrued payments as provided in Subsection C of this
section.
I. The director shall issue rules necessary to
administer and accomplish the purposes of the Public Works
Minimum Wage Act.
J. For projects undertaken under the auspices of a
municipality or county through the issuance of an industrial
revenue bond, the contractor, subcontractor, employer or person
acting as a contractor shall pay the prevailing wage and comply
with the provisions of this section. "
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