NM
New Mexico House Bill HB6

New Mexico 2025 Regular Session

New Mexico House Bill HB6 Compare Versions

OldNewDifferences
1-HB 6
2-Page 1
1+underscored material = new
2+[bracketed material] = delete
33 1
44 2
55 3
66 4
77 5
88 6
99 7
1010 8
1111 9
1212 10
1313 11
1414 12
1515 13
1616 14
1717 15
1818 16
1919 17
2020 18
2121 19
2222 20
2323 21
2424 22
2525 23
2626 24
2727 25
28+HOUSE BILL 6
29+57TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 2025
30+INTRODUCED BY
31+Reena Szczepanski
2832 AN ACT
29-RELATING TO MINIMUM WAGE; REQUIRING THAT PROJECTS UNDERTAKEN
30-BY A MUNICIPALITY OR COUNTY THROUGH THE ISSUANCE OF
31-INDUSTRIAL REVENUE BONDS PAY THE PREVAILING WAGE AND COMPLY
32-WITH THE PROVISIONS OF SECTION 13-4-11 NMSA 1978 (BEING LAWS
33-1965, CHAPTER 35, SECTION 1, AS AMENDED).
33+RELATING TO MINIMUM WAGE; REQUIRING THAT PROJECTS UNDERTAKEN BY
34+A MUNICIPALITY OR COUNTY THROUGH THE ISSUANCE OF INDUSTRIAL
35+REVENUE BONDS PAY THE PREVAILING WAGE AND COMPLY WITH THE
36+PROVISIONS OF SECTION 13-4-11 NMSA 1978 (BEING LAWS 1965,
37+CHAPTER 35, SECTION 1, AS AMENDED).
3438 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
3539 SECTION 1. Section 13-4-11 NMSA 1978 (being Laws 1965,
3640 Chapter 35, Section 1, as amended) is amended to read:
37-"13-4-11. PREVAILING WAGE AND BENEFIT RATES
38-DETERMINED--MINIMUM WAGES AND FRINGE BENEFITS ON PUBLIC
39-WORKS--WEEKLY PAYMENT--WITHHOLDING FUNDS--INDUSTRIAL REVENUE
40-BOND PROJECTS.--
41+"13-4-11. PREVAILING WAGE AND BENEFIT RATES DETERMINED--
42+MINIMUM WAGES AND FRINGE BENEFITS ON PUBLIC WORKS--WEEKLY
43+PAYMENT--WITHHOLDING FUNDS--INDUSTRIAL REVENUE BOND PROJECTS .--
4144 A. Every contract or project in excess of sixty
4245 thousand dollars ($60,000) that the state or any political
43-subdivision thereof is a party to for construction,
44-alteration, demolition or repair or any combination of these,
45-including painting and decorating, of public buildings,
46-public works or public roads of the state and that requires
47-or involves the employment of mechanics, laborers or both
48-shall contain a provision stating the minimum wages and
49-fringe benefits to be paid to various classifications of
50-laborers and mechanics, which shall be based upon the wages
51-and benefits that will be determined by the director to be HB 6
52-Page 2
46+subdivision thereof is a party to for construction, alteration,
47+.229506.1 underscored material = new
48+[bracketed material] = delete
5349 1
5450 2
5551 3
5652 4
5753 5
5854 6
5955 7
6056 8
6157 9
6258 10
6359 11
6460 12
6561 13
6662 14
6763 15
6864 16
6965 17
7066 18
7167 19
7268 20
7369 21
7470 22
7571 23
7672 24
7773 25
78-prevailing for the corresponding classifications of laborers
79-and mechanics employed on contract work of a similar nature
80-in the state or locality, and every contract or project shall
81-contain a stipulation that the contractor, subcontractor,
82-employer or a person acting as a contractor shall pay all
83-mechanics and laborers employed on the site of the project,
84-unconditionally and not less often than once a week and
85-without subsequent unlawful deduction or rebate on any
86-account, the full amounts accrued at time of payment computed
87-at wage rates and fringe benefit rates not less than those
88-determined pursuant to Subsection B of this section to be the
89-prevailing wage rates and prevailing fringe benefit rates
90-issued for the project.
74+demolition or repair or any combination of these, including
75+painting and decorating, of public buildings, public works or
76+public roads of the state and that requires or involves the
77+employment of mechanics, laborers or both shall contain a
78+provision stating the minimum wages and fringe benefits to be
79+paid to various classifications of laborers and mechanics,
80+which shall be based upon the wages and benefits that will be
81+determined by the director to be prevailing for the
82+corresponding classifications of laborers and mechanics
83+employed on contract work of a similar nature in the state or
84+locality, and every contract or project shall contain a
85+stipulation that the contractor, subcontractor, employer or a
86+person acting as a contractor shall pay all mechanics and
87+laborers employed on the site of the project, unconditionally
88+and not less often than once a week and without subsequent
89+unlawful deduction or rebate on any account, the full amounts
90+accrued at time of payment computed at wage rates and fringe
91+benefit rates not less than those determined pursuant to
92+Subsection B of this section to be the prevailing wage rates
93+and prevailing fringe benefit rates issued for the project.
9194 B. Annually, no later than October 1, the director
9295 shall determine prevailing wage rates and prevailing fringe
93-benefit rates to take effect the next January 1 for
94-respective classifications of laborers and mechanics employed
95-on public works projects at the same wage rates and fringe
96-benefit rates used in collective bargaining agreements
97-between labor organizations and their signatory employers
98-that govern predominantly similar classifications of laborers
99-and mechanics for the locality of the public works project
100-and the crafts involved; provided that:
101-(1) if the prevailing wage rates and
102-prevailing fringe benefit rates cannot reasonably and fairly HB 6
103-Page 3
96+benefit rates to take effect the next January 1 for respective
97+classifications of laborers and mechanics employed on public
98+works projects at the same wage rates and fringe benefit rates
99+.229506.1
100+- 2 - underscored material = new
101+[bracketed material] = delete
104102 1
105103 2
106104 3
107105 4
108106 5
109107 6
110108 7
111109 8
112110 9
113111 10
114112 11
115113 12
116114 13
117115 14
118116 15
119117 16
120118 17
121119 18
122120 19
123121 20
124122 21
125123 22
126124 23
127125 24
128126 25
129-be determined in a locality because no collective bargaining
127+used in collective bargaining agreements between labor
128+organizations and their signatory employers that govern
129+predominantly similar classifications of laborers and mechanics
130+for the locality of the public works project and the crafts
131+involved; provided that:
132+(1) if the prevailing wage rates and
133+prevailing fringe benefit rates cannot reasonably and fairly be
134+determined in a locality because no collective bargaining
130135 agreements exist, the director shall determine the prevailing
131-wage rates and prevailing fringe benefit rates for the same
132-or most similar classification of laborer or mechanic in the
136+wage rates and prevailing fringe benefit rates for the same or
137+most similar classification of laborer or mechanic in the
133138 nearest and most similar neighboring locality in which
134139 collective bargaining agreements exist;
135140 (2) the director shall give due regard to
136-information obtained during the director's determination of
137-the prevailing wage rates and the prevailing fringe benefit
138-rates made pursuant to this subsection;
139-(3) any interested person shall have the
140-right to submit to the director written data, personal
141-opinions and arguments supporting changes to the prevailing
142-wage rate and prevailing fringe benefit rate determination;
141+information obtained during the director's determination of the
142+prevailing wage rates and the prevailing fringe benefit rates
143+made pursuant to this subsection;
144+(3) any interested person shall have the right
145+to submit to the director written data, personal opinions and
146+arguments supporting changes to the prevailing wage rate and
147+prevailing fringe benefit rate determination;
143148 (4) prevailing wage rates and prevailing
144149 fringe benefit rates determined pursuant to the provisions of
145-this section shall be compiled as official records and kept
146-on file in the director's office, and the records shall be
147-updated in accordance with the applicable rates used in
148-subsequent collective bargaining agreements;
149-(5) an appeal of the prevailing wage
150-determination pursuant to the provisions of this section
151-shall not have the effect of creating a stay of the
152-implementation of the rate; and
153-(6) during the pendency of an appeal, HB 6
154-Page 4
150+this section shall be compiled as official records and kept on
151+file in the director's office, and the records shall be updated
152+.229506.1
153+- 3 - underscored material = new
154+[bracketed material] = delete
155155 1
156156 2
157157 3
158158 4
159159 5
160160 6
161161 7
162162 8
163163 9
164164 10
165165 11
166166 12
167167 13
168168 14
169169 15
170170 16
171171 17
172172 18
173173 19
174174 20
175175 21
176176 22
177177 23
178178 24
179179 25
180-whether before the labor and industrial commission or in a
181-court, a court of competent jurisdiction may grant a stay of
182-the implementation of the wage rate based on a motion made by
183-a party or an interested person, provided the court gives an
180+in accordance with the applicable rates used in subsequent
181+collective bargaining agreements;
182+(5) an appeal of the prevailing wage
183+determination pursuant to the provisions of this section shall
184+not have the effect of creating a stay of the implementation of
185+the rate; and
186+(6) during the pendency of an appeal, whether
187+before the labor and industrial commission or in a court, a
188+court of competent jurisdiction may grant a stay of the
189+implementation of the wage rate based on a motion made by a
190+party or an interested person, provided the court gives an
184191 opportunity for any interested person to be heard on the
185192 matter.
186193 C. The prevailing wage rates and prevailing fringe
187194 benefit rates to be paid shall be posted by the contractor or
188195 person acting as a contractor in a prominent and easily
189196 accessible place at the site of the work; provided that there
190-shall be withheld from the contractor, subcontractor,
191-employer or a person acting as a contractor so much of
192-accrued payments as may be considered necessary by the
193-director or contracting officer of the state or political
194-subdivision to pay to laborers and mechanics employed on the
195-project the difference between the prevailing wage rates and
196-prevailing fringe benefit rates required by the director to
197-be paid to laborers and mechanics on the work and the wage
198-rates and fringe benefit rates received by the laborers and
199-mechanics and not refunded to the contractor, subcontractor,
200-employer or a person acting as a contractor or the
201-contractor's, subcontractor's, employer's or person's agents.
202-D. Certified weekly payroll records of a
203-contracting agency are subject to inspection pursuant to the
204-Inspection of Public Records Act; provided that the request HB 6
205-Page 5
197+shall be withheld from the contractor, subcontractor, employer
198+or a person acting as a contractor so much of accrued payments
199+as may be considered necessary by the director or contracting
200+officer of the state or political subdivision to pay to
201+laborers and mechanics employed on the project the difference
202+between the prevailing wage rates and prevailing fringe benefit
203+rates required by the director to be paid to laborers and
204+mechanics on the work and the wage rates and fringe benefit
205+.229506.1
206+- 4 - underscored material = new
207+[bracketed material] = delete
206208 1
207209 2
208210 3
209211 4
210212 5
211213 6
212214 7
213215 8
214216 9
215217 10
216218 11
217219 12
218220 13
219221 14
220222 15
221223 16
222224 17
223225 18
224226 19
225227 20
226228 21
227229 22
228230 23
229231 24
230232 25
231-shall be fulfilled within twenty days of receipt of the
232-written request. Certified weekly payroll records are
233-subject to record retention requirements applicable to
234-payroll records of a state agency.
233+rates received by the laborers and mechanics and not refunded
234+to the contractor, subcontractor, employer or a person acting
235+as a contractor or the contractor's, subcontractor's,
236+employer's or person's agents.
237+D. Certified weekly payroll records of a
238+contracting agency are subject to inspection pursuant to the
239+Inspection of Public Records Act; provided that the request
240+shall be fulfilled within twenty days of receipt of the written
241+request. Certified weekly payroll records are subject to
242+record retention requirements applicable to payroll records of
243+a state agency.
235244 E. Notwithstanding any other provision of law
236245 applicable to public works contracts or agreements, the
237246 director may, with cause:
238247 (1) issue investigative or hearing subpoenas
239248 for the production of documents or witnesses pertaining to
240249 public works prevailing wage projects; and
241250 (2) attach and prohibit the release of any
242251 assurance of payment required under Section 13-4-18 NMSA 1978
243252 for a reasonable period of time beyond the time limits
244253 specified in that section until the director satisfactorily
245254 resolves any probable cause to believe a violation of the
246255 Public Works Minimum Wage Act or its implementing rules has
247256 taken place.
248257 F. A person may file with the director a complaint
249-that a contractor, subcontractor, employer or person acting
250-as a contractor on the project has failed to pay the person
251-wages or fringe benefits at the rates required by the Public
252-Works Minimum Wage Act. Within thirty days after the filing
253-of the complaint, either party may request in writing a
254-mediation to resolve the complaint.
255-G. The director shall, within thirty days of the HB 6
256-Page 6
258+.229506.1
259+- 5 - underscored material = new
260+[bracketed material] = delete
257261 1
258262 2
259263 3
260264 4
261265 5
262266 6
263267 7
264268 8
265269 9
266270 10
267271 11
268272 12
269273 13
270274 14
271275 15
272276 16
273277 17
274278 18
275279 19
276280 20
277281 21
278282 22
279283 23
280284 24
281285 25
286+that a contractor, subcontractor, employer or person acting as
287+a contractor on the project has failed to pay the person wages
288+or fringe benefits at the rates required by the Public Works
289+Minimum Wage Act. Within thirty days after the filing of the
290+complaint, either party may request in writing a mediation to
291+resolve the complaint.
292+G. The director shall, within thirty days of the
282293 filing of the complaint, commence an investigation of the
283294 allegations contained in the complaint. The director shall,
284295 within seventy-five days after the completion of mediation or
285296 if no mediation is requested, within seventy-five days after
286-the filing of the complaint, make a determination supported
287-by findings of fact and conclusions of law whether there has
288-been an underpayment of wages or fringe benefits or other
289-violation of the Public Works Minimum Wage Act; provided that
290-if the complaint is of a continuing or significantly complex
291-nature or involves multiple projects or job sites, the
292-director may extend the time in which to make a determination
293-by up to six months by providing written notice and an
294-explanation to all parties of the need to extend the time.
295-Prior to issuing a determination, the director shall provide
296-the contractor, subcontractor, employer or other person
297-against whom the complaint has been filed with an opportunity
298-to respond to the complaint and provide any exculpatory
299-evidence.
297+the filing of the complaint, make a determination supported by
298+findings of fact and conclusions of law whether there has been
299+an underpayment of wages or fringe benefits or other violation
300+of the Public Works Minimum Wage Act; provided that if the
301+complaint is of a continuing or significantly complex nature or
302+involves multiple projects or job sites, the director may
303+extend the time in which to make a determination by up to six
304+months by providing written notice and an explanation to all
305+parties of the need to extend the time. Prior to issuing a
306+determination, the director shall provide the contractor,
307+subcontractor, employer or other person against whom the
308+complaint has been filed with an opportunity to respond to the
309+complaint and provide any exculpatory evidence.
300310 H. If the director determines that there has been
301-an underpayment of wages or fringe benefits or a violation of
302-the Public Works Minimum Wage Act, the director shall, in the
303-absence of a voluntary resolution by the parties and within
304-thirty days of making that determination, order the
305-withholding of accrued payments as provided in Subsection C
306-of this section. HB 6
307-Page 7
311+.229506.1
312+- 6 - underscored material = new
313+[bracketed material] = delete
308314 1
309315 2
310316 3
311317 4
312318 5
313319 6
314320 7
315321 8
316322 9
317323 10
318324 11
319325 12
320326 13
321327 14
322328 15
323329 16
324330 17
325331 18
326332 19
327333 20
328334 21
329335 22
330336 23
331337 24
332338 25
339+an underpayment of wages or fringe benefits or a violation of
340+the Public Works Minimum Wage Act, the director shall, in the
341+absence of a voluntary resolution by the parties and within
342+thirty days of making that determination, order the withholding
343+of accrued payments as provided in Subsection C of this
344+section.
333345 I. The director shall issue rules necessary to
334346 administer and accomplish the purposes of the Public Works
335347 Minimum Wage Act.
336348 J. For projects undertaken under the auspices of a
337349 municipality or county through the issuance of an industrial
338-revenue bond, the contractor, subcontractor, employer or
339-person acting as a contractor shall pay the prevailing wage
340-and comply with the provisions of this section."
350+revenue bond, the contractor, subcontractor, employer or person
351+acting as a contractor shall pay the prevailing wage and comply
352+with the provisions of this section. "
353+- 7 -
354+.229506.1