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SENATE BILL NO. 308
INTRODUCED BY F. MOORE
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING PREVAILING WAGE LAWS TO PROVIDE DISPATCH CITIES WITHIN 100 MILES OF COUNTY SEATS IN EACH DISTRICT; PROVIDING DEFINITIONS; AMENDING SECTION 18-2-401, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Dispatch cities. In designating dispatch cities in each district that may be used to determine travel benefits, zone pay, and per diem payments, the department shall designate sufficient dispatch cities to provide that each county seat in a district is no more than 100 miles from the nearest dispatch city, measured from the main county office of each city in one direction over the shortest practical maintained route from the dispatch city to the center of the project location.
Section 2. Section 18-2-401, MCA, is amended to read:
"18-2-401. Definitions. Unless the context requires otherwise, in this part, the following definitions apply:
(1) (a) "Bona fide Montana resident" means an individual who, at the time of employment and immediately prior to the time of employment, has lived in this state in a manner and for a time that is sufficient to clearly justify the conclusion that the individual's past habitation in this state has been coupled with an intention to make this state the individual's home.
(b) Individuals who come to Montana solely in pursuit of a contract or an agreement to perform labor may not be considered to be bona fide Montana residents within the meaning and for the purpose of this part.
(2) "Commissioner" means the commissioner of labor and industry provided for in 2-15-1701.
(3) (a) "Construction services" means work performed by an individual in building construction, heavy construction, highway construction, and remodeling work.
(b) The term does not include:
(i) engineering, superintendence, management, office, or clerical work on a public works contract; or
(ii) consulting contracts, contracts with commercial suppliers for goods and supplies, or contracts with professionals licensed under state law.
(4) "Contractor" means any individual, general contractor, subcontractor, firm, association, partnership, corporation, limited liability partnership, or limited liability company engaged in construction services.
(5) "Department" means the department of labor and industry provided for in 2-15-1701.
(6) "Dispatch city" means a city used to determine travel allowances, zone pay, and per diem in cases in which the worker's own home is not closer to the project location in a district than the dispatch city.
(6)(7) "District" means a prevailing wage rate district established as provided in 18-2-411.
(7)(8) "Employer" means any individual, firm, association, partnership, corporation, limited liability partnership, or limited liability company engaged in nonconstruction services.
(8)(9) "Fringe benefits" means health, welfare, and pension contributions that meet the requirements of the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq., and other bona fide programs approved by the U.S. department of labor.
(9)(10) "Nonconstruction services" means work performed by an individual, not including management, office, or clerical work, for:
(a) the maintenance of publicly owned buildings and facilities, including public highways, roads, streets, and alleys;
(b) custodial or security services for publicly owned buildings and facilities;
(c) grounds maintenance for publicly owned property;
(d) the operation of public drinking water supply, waste collection, and waste disposal systems;
(e) law enforcement, including janitors and prison guards;
(f) fire protection;
(g) public or school transportation driving;
(h) nursing, nurse's aid services, and medical laboratory technician services;
(i) material and mail handling;
(j) food service and cooking;
(k) motor vehicle and construction equipment repair and servicing; and
(l) appliance and office machine repair and servicing.
(10)(11) "Project location" means the construction site where a public works project involving construction services is being built, installed, or otherwise improved or reclaimed, as specified on the project plans and specifications.
(11)(12) (a) "Public works contract" means a contract for construction services let by the state, county, municipality, school district, or political subdivision or for nonconstruction services let by the state, county, municipality, or political subdivision in which the total cost of the contract is in excess of $25,000. The nonconstruction services classification does not apply to any school district that at any time prior to April 27, 1999, contracted with a private contractor for the provision of nonconstruction services on behalf of the district.
(b) The term does not include contracts entered into by the department of public health and human services for the provision of human services.
(12)(13) "Special circumstances" means all work performed at a facility that is built or developed for a specific Montana public works project and that is located in a prevailing wage district that contains the project location or that is located in a contiguous prevailing wage district.
(13)(14) "Standard prevailing rate of wages" or "standard prevailing wage" means the rates established as provided in:
(a) 18-2-413 for building construction services;
(b) 18-2-414 for heavy construction services and for highway construction services; and
(c) 18-2-415 for nonconstruction services.
(14)(15) "Work of a similar character" means work on private commercial projects as well as work on public projects.
(16) "Zone pay" means an amount calculated by measuring the road miles one way over the shortest practical maintained route from the dispatch city to the center of the project location. The zone pay and the base pay compose the base wage rate to be paid for all hours worked on a prevailing wage project."
NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 18, chapter 2, part 4, and the provisions of Title 18, chapter 2, part 4, apply to [section 1].
NEW SECTION. Section 4. Effective date -- applicability. [This act] is effective July 1, 2017, and applies to contracts entered into and signed on or after July 1, 2017.
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