An Act Regarding the Determination of the Prevailing Wage Rate for Public Works Projects
Maine Legislature, Session 129, LD 1386
Committee: Labor and Housing
Sponsors: COLLINGS, BELLOWS, CARNEY, DOORE, PEOPLES, SYLVESTER
Amends: 26 MRSA §1308

Legislative Document
No. 1386
S.P. 430
In Senate, March 26, 2019
An Act Regarding the Determination of the Prevailing Wage Rate 
for Public Works Projects
Reference to the Committee on Labor and Housing suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator SANBORN, L. of Cumberland.
Cosponsored by Representative COLLINGS of Portland and
Senator: BELLOWS of Kennebec, Representatives: CARNEY of Cape Elizabeth, DOORE of 
Augusta, PEOPLES of Westbrook, SYLVESTER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §1308, sub-§1, as amended by PL 1997, c. 757, §7, is further 
amended to read:
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. To determine the prevailing hourly wage and benefit 
rate, the bureau shall collect one set of data by conducting a survey of wages and benefits 
during the 2nd and 3rd week of September July of each year and a 2nd set of data though 
certified payroll submissions on state construction projects during the 2nd and 3rd week 
of July of each year; the bureau shall use the higher wage and benefit information of the 2 
data sets to determine the prevailing hourly wage and benefit rate.  The bureau may also 
use wage and benefit information received from construction trade associations in its 
determination of prevailing rates.  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.  
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.  26 MRSA §1308, sub-§1-A, as enacted by PL 1999, c. 181, §2, is 
amended to read:
1-A.  Surveys.  The director may require any person to provide information on the 
wages and benefits provided to that person's employees and such other information as is 
needed to determine the prevailing wage and benefits.  The director may assess a 
forfeiture of up to $50 $250 against any person who fails to provide the information as 
requested.
SUMMARY
This bill directs the Department of Labor, Bureau of Labor Standards, when 
determining prevailing hourly wages and benefits, to collect one set of data through 
conducting a survey of wages and benefits and a 2nd set of data through certified payroll 
submissions on state construction projects during 2 weeks in July of each year and to use 
the higher wage and benefit information of the 2 data sets to determine the prevailing 
hourly wage and benefit rate.  This bill also increases from $50 to $250 the penalty for 
failing to provide requested information to the bureau.