An Act To Clarify the Prevailing Wage Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 26 MRSA §1308, sub-§I, as amended by PL 1997, c. 757, §7, is repealed and the following enacted in its place: 1. Determination of wage and benefit rates. The Bureau of Labor Standards shall investigate and determine the prevailing hourly wage and benefits rate paid in the construction industry in this State during the 2nd and 3rd week of September of each year. Prevailing wages and benefits must be determined in September and become effective upon determination. In determining the prevailing rates. the bureau may ascertain and consider the applicable wage and benefits rates established by collective bargaining agreements. if any. and those rates that are paid generally in the locality where the construction of the public works is to be performed. In determining the prevailing rate for health insurance benefits. the bureau shall include for each employer a health benefit at a rate that is the greater of: A. The value of the health insurance benefit actually provided; and Page 1-LR1915(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 0546
Committee Amendment CA_A_S112 (Senate)
Amends: 26 MRSA §1308

COMMITTEE AMENDMENT "A" to S.P. 172, L.D. 546, 
to 
Promote 
Responsible 
Contracting 
Practices 
Projects" 
Bill, "An 
on 
State 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Clarify the Prevailing Wage' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 26 MRSA §1308, sub-§I, as amended by PL 1997, c. 757, 
§7, is repealed and the following enacted in its place: 
1. 
Determination of wage and benefit rates. 
The Bureau of 
Labor Standards shall investigate and determine the prevailing 
hourly wage and benefits rate paid in the construction industry 
in this State during the 2nd and 3rd week of September of each 
year. 
Prevailing wages 
and benefits 
must 
be 
determined in 
September 
1999 
and 
become 
effective 
upon 
determination. 
In 
determining the prevailing rates. the bureau may ascertain and 
consider the applicable wage and benefits rates established by 
collective bargaining agreements. if any. and those rates that 
are paid generally in the locality where the construction of the 
public works is to be performed. 
In determining the prevailing 
rate for health insurance benefits. the bureau shall include for 
each employer a health benefit at a rate that is the greater of: 
A. 
The 
value 
of 
the 
health insurance benefit actually 
provided; and 
COMMITTEE AMENDMENT 
· ~~, 
~~. 
"'%, ' 
COMMITTEE AMENDMENT ·A" to S.P. 172, L.D. 546 
B. A median hourly rate for health insurance based on the 
small group rates filed with the Department of Professional 
and Financial Regulation, which must include rates filed for 
Dirigo Health and any of its contractors. 
For purposes of this subsection, 
"benefits" means health and 
welfare contributions, pension or individual retirement account 
contributions and vacation and annuity contributions, per diem in 
lieu of wages and any other form of payment, except for wages, 
made to or on behalf of the employee. 
If a defined contribution 
amount is not established, the most accurate estimated value of 
contributions must be included. 
Sec. 
2. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
'l'RAHSPORTATIOH, DEPAJrlMENT OF 
Departmentwide 
0864 
The 
following 
Initiative: 
Allocates funds to be distributed through the use of 
financial orders for the increased labor costs pertaining to 
changes in the manner in which the prevailing rate for health 
insurance benefits is calculated. 
HIGHWAY FOND 
Unallocated 
HIGHWAY FUND TOTAL 
TRARSPORTATIOlf, DEPAR'DIENT OF 
DEPARTMENT TOrALS 
HIGHWAY FUND 
DEPARTMENT "1'OTAL -
ALL FONDS 
ADMINISTRATIVE AI!ID FIBARCIAL SERVICES, 
DEPARTMENT OF 
Departmentwide 
0013 
2005-06 
2006-07 
$385,000 
$1, 540,000 
$385,000 
$1, 540,000 
2005-06 
2006-07 
$385,000 
$1,540,000 
$385,000 
$1,540,000 
Initiative: 
Appropriates funds to be distributed through the use 
of financial orders for the increased labor costs pertaining to 
changes in the manner in which the prevailing rate for health 
insurance benefits is calculated. 
GENERAL FOND 
Unallocated 
2005-06 
$1,208,882 
2006-07 
$1,611,842 
COMMITTEE AMENDMENT 
,;;~,~~~ 
COMMITTEE AMENDMENT "At to S. P. 172, L . D. 546 
GENERAL FUND TOTAL 
ADMINISTRATIVE AND FINANCIAL SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL -
ALL FUNDS 
UNIVERSITY OF MAIRE SYSTEM, 
BOARD OF TRUSTEES OF THE 
$1,208,882 
2005-06 
$1,208,882 
$1,208,882 
Education and General Activities -
UMS 
0031 
$1,611,842 
2006-07 
$1,611,842 
$1,611,842 
Initiative: 
Appropriates funds for the increased labor costs 
pertaining to changes in the manner in which the prevailing rate 
for health insurance benefits is calculated. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
UNIVERSITY OF MAIRE SYSTEM, 
BOARD OF TRUSTEES OF THE 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL -
ALL FUNDS 
COMMUBITY COLLEGE SYSTEM, 
BOARD OF TRUSTEES OF THE MAIRE 
2005-06 
$1,087,731 
$1,087,731 
2005-06 
$1,087,731 
$1,087,731 
Maine Conmunity Co11eqe System -
Board of Trustees 0556 
2006-07 
$1,450,308 
$1,450,308 
2006-07 
$1,450,308 
$1,450,308 
Initiative: 
Appropriates funds for the increased labor costs 
pertaining to changes in the manner in which the prevailing rate 
for health insurance benefits is calculated. 
GENERAL FDBD 
All Other 
GENERAL FUND TOTAL 
C<»tMUBITY COLLEGE SYSTEM, 
BOARD OF TRUSTEES OF THE MAIRE 
DEPARTMENT TOTALS 
2005-06 
$111,881 
$111,881 
2005-06 
2006-07 
$149,175 
$149,175 
2006-07 
COMMITTEE AMENDMENT 
~, 
~,~~ 
,-:;,\, 
:=,~~~\'~" 
" 
COMMITTEE AMENDMENT "A, to S.P. 172, L.D. 546 
GENERAL FUND 
DEPARTMENT 'lUTAL -
ALL FUNDS 
SECTION 'lUTALS 
GENERAL FUND 
HIGHWAY FUND 
SECTION 'lUTAL -
ALL FUNDS 
SUMMARY 
$111,881 
$111,881 
2005-06 
$2,408,494 
$385,000 
$2,793,494 
$149,175 
$149,175 
2006-07 
$3,211,325 
$1,540,000 
$4,751,325' 
This 
amendment, 
which is the majority 
amendment of the 
committee, replaces the bill. 
It also changes the title of the 
bill. 
The 
amendment provides that, in collecting information 
from employers and determining the prevailing rate for health 
insurance, the Department of Labor, 
Bureau of Labor Standards 
assumes that an employer pays costs for health insurance at a 
rate that is either the median rate for 
small group health 
insurance, including Dirigo Health, or at the rate the employer 
actually pays for health insurance, whichever is higher. 
This amendment also adds an appropriations and allocations 
section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/22/05 ~ac:... 
LD546 
LR 1915(02) 
An Act To Promote Responsible Contracting Practices on State Projects 
Fiscal Note for Bill'as Amended by Committee Amendment ,A, 
Committee: Labor 
Net Cost (Savings) 
General Fund 
Highway Fund 
Appropriations/Allocations 
General Fund 
Highway Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
2005-06 
$2,408,494 
$385,000 
$2,408,494 
$385,000 
2006-07 
$3,211,325 
$1,540,000 
$3,211,325 
$1,540,000 
Projections 
2007-08 
$3,211,325 
$1,540,000 
$3,211,325 
$1,540,000 
Projections 
2008-09 
$3,211,325 
$1,540,000 
$3,211,325 
$1,540,000 
Certain changes in the manner in which the prevailing rate for health insurance is calculated will increase General 
Fund labor costs for the Department of Administrative and Financial Services by $1,208,882 and $1,611,842 in fiscal 
years 2005-06 and 2006-07 and Highway Fund costs for the Department of Transportation by $385,000 and 
$1,540,000 in fiscal years 2005-06 and 2006-07. 
This bill includes General Fund appropriations of $1 ,087,731 in fiscal year 2005-06 and $1,450,308 in fiscal year 
2006-07 to the University of Maine System for the costs associated with changes in determining the prevailing rate for 
health insurance benefits. 
This bill also includes General Fund appropriations of$III,881 and $149,175 in fiscal years 2005-06 and 2006-07, 
respectively, for the increased labor costs to the Maine Community College System associated with this legislation. 
Additional costs to the Department of Labor can be absorbed utilizing existing budgeted resources. 
LR1915(2) - Fiscal Note - Page 1 of 1