An Act Regarding the Detennination of the Prevailing Wage Rate for Public Works Projects
Maine Legislature, Session 129, LD 1386
Committee Amendment CA_A_S204 (Senate)
Amends: 26 MRSA §1308

COMMITTEE AMENDMENT "~" to S.P. 430, L.D. 1386, Bill, "An Act 
Regarding the Detennination of the Prevailing Wage Rate for Public Works Projects" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 26 MRSA §1308, sub-§1, as amended by PL 1997, c. 757, §7, is repealed 
and the following enacted in its place: 
1. Determination of wage and benefits 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 benefits 
rate, the bureau shall: 
A. Collect a set of data by conducting a survey of wages and benefits during the 2nd 
and 3rd week of July of each year; and 
B. 
Collect a 2nd set of data through certified payroll submissions on state 
construction of public works during the 2nd and 3rd week of July of each year from 
any state agency that contracts for the construction of public works. 
Survey data collected pursuant to paragraph A and certified payroll data collected 
pursuant to paragraph B must be submitted to the bureau by the 2nd week of October. 
The bureau shall use the higher wage and benefits information of the 2 data sets collected 
pursuant to paragraphs A and B to determine the prevailing hourly wage and benefits 
rate. The bureau may also use wage and benefits information received from construction 
trade associations in its determination of prevailing rates. In detennining the prevailing 
rate, 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 pun,oses 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f)·." to S.P. 430, L.D. 1386 ( 
· )l'\.\\ 
. 
) 
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 fine of up to $-S-0 $250 for the first offense, $500 for a 2nd offense and $1,000 
for any subsequent offense against any person who fails to provide the information as 
requested. 
Sec. 3. Appropriations and allocations. The following appropriations and 
allocations are made. 
LABOR, DEPARTMENT OF 
Regulation and Enforcement 0159 
Initiative: Provides funds for one-half of the cost of one Statistician Il position and related 
All Other costs for data collection and analysis necessary to determine the prevailing 
hourly wage and benefits rate paid in the construction industry in the State. 
GENERAL FUND 
2019-20 
2020-21 
POSITIONS - LEGISLATNE COUNT 
0.500 
0.500 
Personal Services 
$21,966 
$36,575 
All Other 
$3,166 
$3,500 
GENERAL FUND TOTAL 
$25,132 
$40,075 
Safety Education and Training Programs 0161 
Initiative: Allocates funds for one-half of the cost of one Statistician Il position and 
related All Other costs for data collection and analysis necessary to determine the 
prevailing hourly wage and benefits rate paid in the construction industry in the State. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATNE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
LABOR, DEPARTMENT OF 
DEPARTMENT TOTALS 
2019-20 
0.500 
$21,966 
$5,319 
$27,285 
2019-20 
COMMITTEE AMENDMENT 
2020-21 
0.500 
$36,575 
$6,667 
$43,242 
2020-21 
COMMITTEE AMENDMENT" fl "to S.P. 430, L.D. 1386 ( z=y JU-\) 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
$25,132 
$27,285 
$52,417 
$40,075 
$43,242 
$83,317 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
Like the bill, this amendment requires 2 data sets to be reported to the Department of 
Labor, Bureau of Labor Standards in order to determine the hourly prevailing wage and 
benefits rate paid in the construction industry but clarifies that the 2nd set of data, the 
certified payroll submissions on state construction of public works, is to come from 
reporting by state agencies that contract for the construction of public works. It also 
requires that all data must be submitted to the bureau by the 2nd week in October. It 
increases the penalties the director may assess against any person who fails to provide the 
information from $250 for all offenses, as in the bill, to $250 for the first offense, $500 
for a 2nd offense and $1,000 for any subsequent offense. 
Lastly, it adds an 
appropriations and allocations section to fund a position in the department necessary for 
the administration ofrequirements of the bill, as amended. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/30/19 feac:. 
LD 1386 
LR 1897(02) 
An Act Regarding the Determination of the Prevailing Wage Rate for Public Works Projects 
Fiscal Note for Bill as Amended by Committee Amendment 'n" l S :)( 1/1\ 
Committee: Labor and Housing 
_) 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
$25,132 
$25,132 
$27,285 
FY2020-21 
$40,075 
$40,075 
$43,242 
Projections 
FY 2021-22 
$41,355 
$41,355 
$44,522 
Projections 
FY 2022-23 
$42,680 
$42,680 
$45,847 
This bill includes General Fund appropriations of$25,132 in fiscal year 2019-20 and $40,075 in fiscal year 2020-21 
to the Bureau of Labor Standards within the Depmiment of Labor for one-half of the cost of one Statistician II 
position and related All Other costs necessmy to collect and analyze the required data in order to determine the 
prevailing hourly wage and benefit rate paid in the construction industry within the State. This bill also includes 
Other Special Revenue Funds allocations of$27,285 and $43,242 in fiscal years 2019-20 and 2020-21, respectively 
for the remaining cost of the position. 
This bill also increases the penalties that may be assessed for failing to provide the required wage and benefit 
information from $250 for all offenses to $250 for the first offense, $500 for the second offense and $1,000 for 
subsequent offenses. Any revenue from the increase in penalty mnounts will be credited to the General Fund. 
LR1897(02) - Fiscal Note - Page 1 of 1