An Act To Require the Prevailing Wage To Be Paid on All Public Works Projects for Which State Funding Is 1 Used
Maine Legislature, Session 127, LD 0117
Committee Amendment CA_A_S140 (Senate)
Amends: 26 MRSA §1304

COMMITTEE AMENDMENT" Pr "to S.P. 50, L.D. 117, Bill, "An Act To Require 
the Prevailing Wage To Be Paid on All Public Works Projects for Which State Funding Is 
1 
Used" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Require Prevailing Wages To Be Paid on All Public Works Projects for 
Which State Funding Is Used' 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 26 MRSA §1304, sub-§8, as amended by PL 2009, c. 453, §1, is further 
amended to read: 
8. Public works. "Public works" includes public schools and all buildings, roads, 
highways, bridges, streets, alleys, sewers, ditches, sewage disposal plants, demolition, 
waterworks, airports and all other structures upon which construction may be let to 
contract by the State or that are funded by any amount of state funding transferred to a 
school district or municipality for any of those purposes and which contract amounts to 
$50,000 or more. 
Sec. 2. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT OF 
Regulation and Enforcement 0159 
Initiative: Provides funds for one Labor/Safety Inspector position and related All Other 
costs associated with conducting wage determinations, compliance assistance and 
enforcement activities. 
COMMITTEE AMENDMENT 
~ 
~o1 
l3 
COMMITTEE AMENDMENT" Pr" to S,P, 50, L.D, 117 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2015-16 
2016-17 
l.000 
1,000 
$47,731 
$64,745 
$9,400 
$9,400 
$57,l31 
$74,145 
This amendment, which is the majority report of the Joint Standing Committee on 
Labor, Commerce, Research and Economic Development, extends the bill's requirement 
for the payment of the prevailing hourly rate of wages and benefits for all public works 
contracts to include public works funded by a municipality or school district when the 
State has transferred any amount of funding to the municipality or school district for 
those purposes, The amendment also changes the bill by retaining the exemption in 
current law for contracts under $50,000, The amendment also adds an appropriations and 
allocations section, 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/22/15 
.Mac. 
LD 117 
LR 1479(02) 
An Act To Require the Prevailing Wage To Be Paid on All Public Works Projects for Which State 
Funding Is Used 
Fiscal Note for Bill as Amended by Committee Amendment IP1'I{S-ll-lO) 
Committee: Labor, Commerce, Research and Economic Development 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Unfunded 
Potential current biennium cost increase - Highway Fund 
Potential current biennium cost increase - Local School Administrative Units 
Net Cost (Savings) 
General Fund 
App ropriations/ Allocations 
General Fund 
State Mandates 
Required Activity 
FY 2015-16 
$57,131 
$57,131 
FY 2016-17 
$74,145 
$74,145 
Expands prevailing wage provisions already in place for contracts let by the State 
for school and municipal projects to now include contracts let by schools and 
municipalities for which any amount of state funding is provided to a school or 
municipality. The existing exemption for contracts under $50,000 is still in place. 
Projections 
FY 2017-18 
$76,735 
$76,735 
Projections 
FY 2018-19 
$79,428 
$79,428 
Unit Affected 
Local Cost 
Municipality 
Moderate 
statewide 
The required local activities in this bill may represent a State mandate pursuant to the Constitution of Maine. Unless 
General Fund appropriations are provided to fund at least 90% of the additional costs or a Mandate Preamble is 
amended to the bill and two-thirds of the members of each House vote to exempt this mandate from the funding 
requirement, municipalities may not be required to implement these changes. 
Fiscal Detail and Notes 
This bill includes General Fund appropriations of $57,131 in fiscal year 2015-16 and $74,145 in fiscal year 2016-17 
to the Regulation and Enforcement program within the Department of Labor for one Labor/Safety Inspector position 
and related all other costs associated with additional wage determinations, compliance assistance and enforcement 
activities due to extending the prevailing wage requirements. 
LR1479(02) - Fiscal Note - Page 1 of2 
The Department of Transportation, the Department of Administrative and Financial Services and municipalities may 
incur additional costs on construction projects funded through the State's municipal partnership initiative if the total 
project is over $50,000 but the State portion is under $50,000. Since no additional funding is being given to cover 
these potential costs, fewer construction projects could be completed. 
This legislation may increase the total state and local costs of major capital school construction projects and local 
repair projects with a cost of $50,000 or more that are funded by any amount of state funding provided to a school 
dish'ict for that purpose if the prevailing wage is higher than wages and benefits currently being paid by school 
administrative units for construction projects. The impact of this legislation on the State and individual school 
administrative units can not be detennined at this time. 
LR1479(02) - Fiscal Note - Page 2 of 2