An Act to Inform Fair Minimum Rates of Wages and Benefits in Bids for Public Contracts Using State and Federal Data
Maine Legislature, Session 131, LD 1419
Committee: Labor and Housing
Sponsors: MILLETT, JACKSON, COLLINGS, GERE, SKOLD, DAUGHTRY, TIPPING
Amends: 26 MRSA §1308

Legislative Document
No. 1419
H.P. 915
House of Representatives, March 30, 2023
An Act to Inform Fair Minimum Rates of Wages and Benefits in 
Bids for Public Contracts Using State and Federal Data
Reference to the Committee on Labor and Housing suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MILLETT of Cape Elizabeth.
Cosponsored by President JACKSON of Aroostook and
Representatives: COLLINGS of Portland, GERE of Kennebunkport, SKOLD of Portland, 
Senators: DAUGHTRY of Cumberland, TIPPING of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  26 MRSA §1308, sub-§1, as repealed and replaced by PL 2019, c. 545, §1, 
is amended to read:
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.; and
C.  Collect a 3rd set of data for the job classification under the federal Davis-Bacon 
Act.
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 highest wage and benefits information of the 2 3 data sets 
collected pursuant to paragraphs A and, B and C 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 determining 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 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.
SUMMARY
This bill requires that, in addition to other determinations, the Department of Labor, 
Bureau of Labor Standards investigate and determine the prevailing hourly wage and 
benefits rate paid in the construction industry in the State by collecting a 3rd set of data for 
the job classification under the federal Davis-Bacon Act.