reglab/housing_qa huggingface dataset:
MT Code § 18-2-407 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-407. Forfeiture for failure to pay standard prevailing rate of wages

  18-2-407. Forfeiture for failure to pay standard prevailing rate of wages. (1) Except as provided in 18-2-403, a contractor, subcontractor, or employer who pays workers or employees at less than the standard prevailing rate of wages as established under the public works contract shall forfeit to the department a penalty at a rate of up to 20% of the delinquent wages plus fringe benefits, attorney fees, audit fees, and court costs. Money collected by the department under this section must be deposited in the general fund. A contractor, subcontractor, or employer shall also forfeit to the employee the amount of wages owed plus $25 a day for each day that the employee was underpaid.   (2) Whenever it appears to the contracting agency or to the commissioner that there is insufficient money due to the contractor or the employer under the terms of the contract to cover penalties, the commissioner may, within 90 days after the filing of notice of completion of the project and its acceptance by the contracting agency, maintain an action in district court to recover all penalties and forfeitures due. This part does not prevent the individual worker who has been underpaid or the commissioner on behalf of all the underpaid workers from maintaining an action for recovery of the wages due under the contract as provided in Title 39, chapter 3, part 2.   History: En. Sec. 1, Ch. 102, L. 1931; re-en. Sec. 3043.1, R.C.M. 1935; amd. Sec. 1, Ch. 32, L. 1955; amd. Sec. 1, Ch. 43, L. 1961; amd. Sec. 1, Ch. 265, L. 1969; amd. Sec. 1, Ch. 375, L. 1973; amd. Sec. 1, Ch. 531, L. 1975; R.C.M. 1947, 41-701(3); amd. Sec. 5, Ch. 554, L. 1989; amd. Sec. 4, Ch. 609, L. 1993; amd. Sec. 4, Ch. 90, L. 1995; amd. Sec. 13, Ch. 389, L. 1999; amd. Sec. 2, Ch. 467, L. 2003; amd. Sec. 14, Ch. 277, L. 2009.
MT Code § 18-2-408 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-408. Renumbered 18-2-432

  18-2-408. Renumbered 18-2-432. Code Commissioner, 1985.
MT Code § 18-2-409 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-409. Montana residents to be employed on state construction contracts

  18-2-409. Montana residents to be employed on state construction contracts. (1) On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States department of transportation or when residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, each contractor shall ensure that at least 50% of the contractor's workers performing labor on the project are bona fide Montana residents, as defined in 18-2-401.   (2) For any contract awarded for a state construction project, except a project partially funded with federal aid money from the United States department of transportation or when residency preference laws are specifically prohibited by federal law, there must be inserted in the bid specification and the contract a provision, in language approved by the commissioner of labor and industry, implementing the requirements of subsection (1). The bid specification and the contract must provide that at least 50% of the workers on the project will be bona fide Montana residents. If due to a lack of qualified personnel each contractor cannot guarantee that at least 50% of the contractor's workers on the project will be Montana residents, the contract must provide that the percentage that the commissioner of labor and industry believes possible will be Montana residents.   (3) The commissioner of labor and industry shall enforce this section and investigate complaints of its violation and may adopt rules to implement this section.   History: En. Sec. 1, Ch. 549, L. 1985; amd. Sec. 1, Ch. 564, L. 2003.
MT Code § 18-2-410 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-410. reserved

  18-2-410 reserved.
MT Code § 18-2-411 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-411. Creation of prevailing wage rate districts

  18-2-411. Creation of prevailing wage rate districts. (1) Without taking into consideration heavy construction services and highway construction services wage rates, the commissioner shall divide the state into not more than five prevailing wage rate districts for building construction services and nonconstruction services.  (2) In initially determining the districts, the commissioner shall:   (a) follow the rulemaking procedures in the Montana Administrative Procedure Act; and   (b) publish the reasons supporting the creation of each district.   (3) A district boundary may not be changed except for good cause and in accordance with the rulemaking procedures in the Montana Administrative Procedure Act.   (4) The presence of collective bargaining agreements in a particular area may not be the sole basis for the creation of boundaries of a district, nor may the absence of collective bargaining agreements in a particular area be the sole basis for changing the boundaries of a district.   (5) For each prevailing wage rate district established under this section:   (a) the commissioner shall determine the standard prevailing rate of wages to be paid employees, as provided in this part. The standard prevailing rate of wages for construction services, as determined by the commissioner in this subsection, must be used for calculating an apprentice's wage, as provided in 39-6-108.   (b) zone pay must be determined by measuring the road miles in one way over the shortest practical maintained route from the dispatch city to the center of the job; and   (c) the rate of travel allowances must be computed by measuring the road miles in one direction over the shortest practical maintained route from the dispatch city or the employee's home, whichever is closest to the center of the job.   (6) As used in this section, "dispatch city" means the courthouse in either Billings, Bozeman, Butte, Great Falls, Helena, Kalispell, Miles City, Missoula, or Sidney that is closest to the center of the job and within the same prevailing wage district as the job.   History: En. Sec. 1, Ch. 561, L. 1987; amd. Sec. 5, Ch. 609, L. 1993; amd. Sec. 2, Ch. 538, L. 2005; amd. Sec. 15, Ch. 277, L. 2009; amd. Sec. 2, Ch. 373, L. 2013; amd. Sec. 1, Ch. 229, L. 2021.
MT Code § 18-2-412 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-412. Method for payment of standard prevailing wage

  18-2-412. Method for payment of standard prevailing wage. (1) To fulfill the obligation to pay the standard prevailing rate of wages under 18-2-403, a contractor or subcontractor may:   (a) pay the amount of fringe benefits and the basic hourly rate of pay that is part of the standard prevailing rate of wages directly to the worker or employee in cash;   (b) make an irrevocable contribution to a trustee or a third person pursuant to a fringe benefit fund, plan, or program that meets the requirements of the Employee Retirement Income Security Act of 1974 or that is a bona fide program approved by the U.S. department of labor; or   (c) make payments using any combination of methods set forth in subsections (1)(a) and (1)(b) so that the aggregate of payments and contributions is not less than the standard prevailing rate of wages, including fringe benefits and travel allowances, applicable to the district for the particular type of work being performed.   (2) The fringe benefit fund, plan, or program described in subsection (1)(b) must provide benefits to workers or employees for health care, pensions on retirement or death, life insurance, disability and sickness insurance, or bona fide programs that meet the requirements of the Employee Retirement Income Security Act of 1974 or that are approved by the U.S. department of labor.   (3) A private contractor or subcontractor shall file a copy of the fringe benefit fund, plan, or program described in subsection (2) with the department.   History: En. Sec. 1, Ch. 609, L. 1993; amd. Sec. 16, Ch. 277, L. 2009.
MT Code § 18-2-414 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-414. Standard prevailing rate of wages for heavy construction services and for highway construction services -- definition

  18-2-414. Standard prevailing rate of wages for heavy construction services and for highway construction services -- definition. (1) The department shall establish the standard prevailing rate of wages for heavy construction services and for highway construction services annually.   (2) In establishing the standard prevailing rate of wages for heavy construction services and for highway construction services, the department may:   (a) conduct a survey of construction contractors registered under Title 39, chapter 9, who perform heavy construction services or highway construction services, electrical contractors licensed under Title 37, chapter 68, who perform commercial work, or plumbers licensed under Title 37, chapter 69, whose work is performed according to commercial building codes;   (b) adopt by reference through rulemaking the rates established by the U.S. department of labor under the federal Davis-Bacon Act, 29 CFR 1, et seq., for projects in Montana; or   (c) use, as provided by rule, a combination of surveyed rates, as provided in subsection (2)(a), and rates adopted by reference, as provided in subsection (2)(b).   (3) For the purposes of this section, the term "standard prevailing rate of wages for heavy construction services and for highway construction services" means wage rates, including fringe benefits plus zone pay, per diem, and travel allowances, if applicable, that are determined and established statewide for heavy construction projects and highway construction projects. The department may define by rule the terms heavy construction projects and highway construction projects. The definitions of heavy construction projects and highway construction projects must include but are not limited to projects the same as or similar to the construction, alteration, or repair of roads, streets, highways, alleys, runways, airport runways and ramps, dams, powerhouses, canals, channels, pipelines, parking areas, utility rights-of-way, staging yards located on or off the right-of-way, or new or reopened pits that produce aggregate, asphalt, concrete, or backfill when the pit does not normally sell to the general public.   History: En. Sec. 2, Ch. 277, L. 2009; amd. Sec. 4, Ch. 373, L. 2013.
MT Code § 18-2-416 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-416. Wages paid to registered apprentices

  18-2-416. Wages paid to registered apprentices. (1) (a) Only an apprentice whose indenture agreement is registered with the department under Title 39, chapter 6, or recognized by the department as being registered with an appropriate registration agency of another state or the federal government may be paid as provided in subsection (2) when working on a public works contract.  (b) An apprentice whose indenture agreement is not registered with or recognized by the department must be paid the full amount of the standard prevailing rate of wages, including any applicable travel allowances.   (c) An apprenticeship's rate of wages starts at the date of registration with the sponsor.   (2) A recognized, registered apprentice must be paid the percentage of the standard prevailing rate of wages provided for in the apprenticeship standards applicable to that apprentice. The percentage amount applies to wage rates only and not to fringe benefits. The full amount of any applicable fringe benefits must be paid to the apprentice while the apprentice is working on the public works contract.   History: En. Sec. 4, Ch. 277, L. 2009; amd. Sec. 1, Ch. 114, L. 2021.
MT Code § 18-2-417 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-417. Wage rate adjustments for multiyear contracts

  18-2-417. Wage rate adjustments for multiyear contracts. (1) Any public works contract that by the terms of the original contract calls for more than 30 months to fully perform must include a provision to adjust, as provided in subsection (2), the standard prevailing rate of wages to be paid to the workers performing the contract.   (2) The standard prevailing rate of wages paid to workers under a contract subject to this section must be adjusted 12 months after the date of the award of the public works contract. The amount of the adjustment must be a 3% increase. The adjustment must be made and applied every 12 months for the term of the contract.   (3) Any increase in the standard rate of prevailing wages for workers under this section is the sole responsibility of the contractor and any subcontractors and not the contracting agency.   History: En. Sec. 5, Ch. 277, L. 2009.
MT Code § 18-2-418 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-418. Wage rates based on project classification

  18-2-418. Wage rates based on project classification. (1) The contracting agency shall determine, based on the preponderance of labor hours to be worked, whether the public works construction services project is classified as a highway construction project, a heavy construction project, or a building construction project.   (2) Once the project has been classified, employees in each trade classification who are working on that project must be paid at the rate for that project classification.   History: En. Sec. 5, Ch. 373, L. 2013.
MT Code § 18-2-419 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-419. Zone pay and per diem

  18-2-419. Zone pay and per diem. If there is not sufficient data reported to establish zone pay or per diem for a trade classification, the department may establish a zone pay or a per diem amount that reasonably approximates an applicable average zone pay or per diem rate that is payable for the trade classification.   History: En. Sec. 6, Ch. 373, L. 2013.
MT Code § 18-2-420 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-420. reserved

  18-2-420 reserved.
MT Code § 18-2-421 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-421. Notice

  18-2-421. Notice. When a public works project is accepted by the public contracting agency, a notice of acceptance and the completion date of the project must be sent to the department. However, in the case of public works contracts that amount to $50,000 or less in cost, the notice of acceptance and the completion date of the project is not required unless the department requests that information. The 90-day limitation for filing an action in district court, as provided in 18-2-407, does not begin until the public contracting agency notifies the department of its acceptance of the public works project.   History: En. Sec. 3, Ch. 139, L. 1981; amd. Sec. 4, Ch. 522, L. 1997.
MT Code § 18-2-422 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-422. Bid specification and public works contract to contain standard prevailing wage rate and payroll record notification

  18-2-422. Bid specification and public works contract to contain standard prevailing wage rate and payroll record notification. All public works contracts and the bid specifications for those contracts must contain:   (1) a provision stating for each job classification the standard prevailing wage rate, including fringe benefits, that the contractors and employers shall pay during construction of the project;   (2) a provision requiring each contractor and employer to maintain payroll records in a manner readily capable of being certified for submission under 18-2-423, for not less than 3 years after the contractor's or employer's completion of work on the project; and   (3) a provision requiring each contractor to post a statement of all wages and fringe benefits in compliance with 18-2-423.   History: En. Sec. 4, Ch. 139, L. 1981; amd. Sec. 5, Ch. 522, L. 1997; amd. Sec. 3, Ch. 517, L. 2001.
MT Code § 18-2-423 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-423. Submission of payroll records

  18-2-423. Submission of payroll records. If a complaint is filed with the department alleging noncompliance with 18-2-422, the department may require the project to submit to it certified copies of the payroll records for workers employed on that project. A contractor or a subcontractor shall pay employees receiving an hourly wage on a weekly basis. If a wage violation complaint is filed with the department, the contractor or subcontractor shall provide the employee's payroll records to the department within 5 days of receiving the payroll request from the department.   History: En. Sec. 5, Ch. 139, L. 1981; amd. Sec. 6, Ch. 609, L. 1993.
MT Code § 18-2-424 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-424. Enforcement

  18-2-424. Enforcement. If a contractor or a subcontractor refuses to submit payroll records requested by the department pursuant to 18-2-423, the commissioner or the commissioner's authorized representative may issue subpoenas compelling the production of those records.   History: En. Sec. 6, Ch. 139, L. 1981; amd. Sec. 225, Ch. 56, L. 2009.
MT Code § 18-2-425 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-425. Prohibition -- project labor agreement

  18-2-425. Prohibition -- project labor agreement. (1) Except as otherwise provided in this chapter, the state or any political subdivision that contracts for the construction, maintenance, repair, or improvement of public works may not require that a contractor, subcontractor, or material supplier or carrier engaged in the construction, maintenance, repair, or improvement of public works execute or otherwise become a party to any project labor agreement, collective bargaining agreement, prehire agreement, or other agreement with employees, their representatives, or any labor organization as a condition of bidding, negotiating, being awarded, or performing work on a public works contract.   (2) For the purposes of this section, "public works" means:   (a) a building, road, street, sewer, storm drain, water system, irrigation system, reclamation project, or other facility owned or to be contracted for by the state or a political subdivision and that is paid for in whole or in part with tax revenue paid by residents of the state; or   (b) any other construction service or nonconstruction service as defined in 18-2-401.   History: En. Sec. 1, Ch. 540, L. 1999.
MT Code § 18-2-426 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-426. through 18-2-430 reserved

  18-2-426 through 18-2-430 reserved.
MT Code § 18-2-431 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-431. Rulemaking authority

  18-2-431. Rulemaking authority. The commissioner may adopt rules necessary to implement this part.   History: En. Sec. 1, Ch. 234, L. 1985.
MT Code § 18-2-432 (2021)
2021 Montana Code Annotated|Title 18. Public Contracts|Chapter 2. Construction Contracts|Part 4. Special Conditions -- Standard Prevailing Rate of Wages|18-2-432. Penalty for violation

  18-2-432. Penalty for violation. (1) (a) If a person, firm, or corporation fails to comply with the provisions of this part, the state, county, municipality, school district, or officer of a political subdivision that executed the public works contract shall retain $1,000 of the contract price as liquidated damages for the violation of the terms of the public works contract, and the money must be credited to the proper funds of the state, county, municipality, school district, or political subdivision.   (b) If a person, firm, or corporation fails to comply with the provisions of this part due to gross negligence, as determined by the commissioner, the commissioner may retain up to an additional $10,000 above the amount provided for in subsection (1)(a) as a penalty for the violation of the terms of the public works contract. The money retained pursuant to this subsection (1)(b) must be credited to the proper funds of the state, county, municipality, school district, or other political subdivision.   (2) Whenever a contractor or subcontractor is found by the commissioner to have aggravatedly or willfully violated the labor standards provisions of this chapter, the contractor or subcontractor or any firm, corporation, partnership, or association in which the contractor or subcontractor has a substantial interest is ineligible, for a period not to exceed 3 years after the date of the final judgment, to receive any public works contracts or subcontracts that are subject to the provisions of this chapter.   (3) Whenever an action has been instituted in a district court in this state against any person, firm, or corporation for the violation of this part, the court in which the action is pending is authorized to issue an injunction to restrain the person, firm, or corporation from proceeding with a public works contract with the state, county, municipality, school district, or political subdivision, pending the final determination of the instituted action.   History: En. Sec. 3, Ch. 102, L. 1931; re-en. Sec. 3043.3, R.C.M. 1935; amd. Sec. 2, Ch. 43, L. 1961; R.C.M. 1947, 41-703(part); Sec. 18-2-408, MCA 1983; redes. 18-2-432 by Code Commissioner, 1985; amd. Sec. 7, Ch. 609, L. 1993; amd. Sec. 6, Ch. 522, L. 1997; amd. Sec. 1, Ch. 78, L. 1999.