1.1.................... moves to amend H.F. No. 1476, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 177.42, subdivision 4, is amended to read:
1.4 Subd. 4.
Prevailing hours of labor. "Prevailing hours of labor" means the hours
1.5of labor per day and per week worked within the area by a larger number of workers
1.6of the same class than are employed within the area for any other number of hours per
1.7day and per week. The prevailing hours of labor may not be more than
eight ten hours
1.8per day or more than 40 hours per week.
1.9 Sec. 2. Minnesota Statutes 2010, section 177.42, subdivision 6, is amended to read:
1.10 Subd. 6.
Prevailing wage rate. "Prevailing wage rate" means the hourly basic rate
1.11of pay plus the contribution paid to or for the largest number of workers engaged in the
1.12same class of labor within the area for medical or hospital care, pensions on retirement
1.13or death, compensation for injuries or illness resulting from occupational activity, or
1.14insurance to provide any of the foregoing, for unemployment benefits, life insurance,
1.15disability and sickness insurance, or accident insurance, for vacation and holiday pay, for
1.16defraying the costs of apprenticeship or other similar programs, or for other bona fide
1.17fringe benefits, but only where the contractor or subcontractor is not required by other
1.18federal, state, or local law to provide any of those benefits, the amount of:
1.19(1) the rate of contribution irrevocably made by a contractor or subcontractor to a
1.20trustee or to a third person under a fund, plan, or program; and
1.21(2) the rate of costs to the contractor or subcontractor that may be reasonably
1.22anticipated in providing benefits to laborers and mechanics pursuant to an enforceable
1.23commitment to carry out a financially responsible plan or program which was
1.24communicated in writing to the laborers and mechanics affected.
1.25"Prevailing wage rate" includes, for the purposes of section
177.44, rental rates for
1.26truck hire paid to those who own and operate the truck.
2.1The prevailing wage rate may not be less than a reasonable and living wage.
2.2This subdivision applies only to work done in a metropolitan county under
2.3Minnesota Statutes, section 473.121, subdivision 4.
2.4 Sec. 3. Minnesota Statutes 2010, section 177.42, is amended by adding a subdivision
2.5to read:
2.6 Subd. 6a. Prevailing wage rate; nonmetropolitan county area. "Prevailing
2.7wage rate" means the mean hourly compensation paid to workers engaged in the same
2.8class of labor within the area. The mean hourly compensation includes the hourly basic
2.9rate plus the contribution for medical or hospital care, pensions on retirement or death,
2.10compensation for injuries or illness resulting from occupational activity, or insurance to
2.11provide any of the foregoing, for unemployment benefits, life insurance, disability and
2.12sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the
2.13costs of apprenticeship or other similar programs, or for other bona fide fringe benefits,
2.14but only where the contractor or subcontractor is not required by other federal, state, or
2.15local law to provide any of those benefits, the amount of:
2.16(1) the rate of contribution irrevocably made by a contractor or subcontractor to a
2.17trustee or to a third person under a fund, plan, or program; and
2.18(2) the rate of costs to the contractor or subcontractor that may be reasonably
2.19anticipated in providing benefits to laborers and mechanics pursuant to an enforceable
2.20commitment to carry out a financially responsible plan or program which was
2.21communicated in writing to the laborers and mechanics affected.
2.22"Prevailing wage rate" includes, for the purposes of section
177.44, rental rates for
2.23truck hire paid to those who own and operate the truck.
2.24The prevailing wage rate may not be less than a reasonable and living wage.
2.25This subdivision applies only to work done in a county other than a metropolitan
2.26county under Minnesota Statutes, section 473.121, subdivision 4.
2.27 Sec. 4.
[177.421] PREVAILING WAGE DETERMINATIONS.
2.28 Subdivision 1. Highway and heavy construction. The department shall, at least
2.29once every calendar year, determine and certify prevailing wage rates applicable to state
2.30projects that are similar in nature to public and private highway and heavy construction
2.31projects where the estimated total cost of completing the project is $25,000 or more.
2.32 Subd. 2. Commercial type construction. The department shall, at least once every
2.33calendar year, determine and certify prevailing wage rates applicable to state projects that
3.1are similar in nature to public and private commercial projects where the estimated total
3.2cost of completing the project is $2,500 or more.
3.3 Subd. 3. Survey data. Each wage survey shall be based upon work performed
3.4in the 12 months preceding the date the survey is commenced and the resulting wage
3.5determinations certified following the close of the survey.
3.6 Sec. 5.
REPEALER.
3.7Minnesota Rules, part 5200.1020, subparts 1, 2, and 5, are repealed.
3.8 Sec. 6.
EFFECTIVE DATE.
3.9Sections 1 to 5 are effective January 1, 2013."
3.10Amend the title accordingly