34-30-14 - Public works -- Wages.
34-30-14. Public works -- Wages.
(1) For purposes of this section:
(a) "Political subdivision" means a county, city, town, school district, local district,special service district, public corporation, institution of higher education of the state, publicagency of any political subdivision, or other entity that expends public funds for construction,maintenance, repair or improvement of public works.
(b) "Public works" or "public works project" means a building, road, street, sewer, stormdrain, water system, irrigation system, reclamation project, or other facility owned or to becontracted for by the state or a political subdivision, and that is to be paid for in whole or in partwith tax revenue paid by residents of the state.
(2) (a) Except as provided in Subsection (2)(b) or as required by federal or state law, thestate or any political subdivision that contracts for the construction, maintenance, repair, orimprovement of public works may not require that a contractor, subcontractor, or materialsupplier or carrier engaged in the construction, maintenance, repair, or improvement of publicworks pay its employees:
(i) a predetermined amount of wages or wage rate; or
(ii) a type, amount, or rate of employee benefits.
(b) Subsection (2)(a) does not apply when federal law requires the payment of prevailingor minimum wages to persons working on projects funded in whole or in part by federal funds.
(3) 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, ormaterial supplier or carrier engaged in the construction, maintenance, repair or improvement ofpublic works execute or otherwise become a party to any project labor agreement, collectivebargaining agreement, prehire agreement, or any other agreement with employees, theirrepresentatives, or any labor organization as a condition of bidding, negotiating, being awarded,or performing work on a public works project.
(4) This section applies to any contract executed after May 1, 1995.
Amended by Chapter 329, 2007 General Session