1.1.................... moves to amend H.F. No. 860, the delete everything amendment
1.2(H0860DE1), as follows:
1.3Page 127, after line 21 insert:

1.4    "Sec. .... Minnesota Statutes 2008, section 177.30, is amended to read:
1.6    (a) Every employer subject to sections 177.21 to 177.44 must make and keep a
1.7record of:
1.8    (1) the name, address, and occupation of each employee;
1.9    (2) the rate of pay, and the amount paid each pay period to each employee;
1.10    (3) the hours worked each day and each workweek by the employee;
1.11    (4) for each employer subject to sections 177.41 to 177.44, and while performing
1.12work on public works projects funded in whole or in part with state funds, the employer
1.13shall furnish under oath signed by an owner or officer of an employer to the contracting
1.14authority and the project owner every two weeks, a certified payroll report with respect
1.15to the wages and benefits paid each employee during the preceding weeks specifying for
1.16each employee: name; identifying number; prevailing wage master job classification
1.17of each employee working on the project for each hour; hours worked each day; total
1.18hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net
1.19pay for week; dollars contributed per hour for each benefit, including name and address
1.20of administrator, benefit account number; and telephone number for health and welfare,
1.21vacation or holiday, apprenticeship training, pension, and other benefit programs; and
1.22    (5) other information the commissioner finds necessary and appropriate to enforce
1.23sections 177.21 to 177.35 177.435. The records must be kept for three years in or near the
1.24premises where an employee works except each employer subject to sections 177.41 to
1.25177.44 , and while performing work on public works projects funded in whole or in part
1.26with state funds, the records must be kept for three years after the contracting authority
1.27has made final payment on the public works project.
2.1    (b) The commissioner may fine an employer up to $1,000 for each failure to
2.2maintain records as required by this section. This penalty is in addition to any penalties
2.3provided under section 177.32, subdivision 1. In determining the amount of a civil penalty
2.4under this subdivision, the appropriateness of such penalty to the size of the employer's
2.5business and the gravity of the violation shall be considered.

2.6    Sec. .... Minnesota Statutes 2008, section 177.31, is amended to read:
2.8Every employer subject to sections 177.21 to 177.35 177.44 must obtain and keep
2.9a summary of those sections, approved by the department, and copies of any applicable
2.10rules adopted under those sections, or a summary of the rules. The employer must post the
2.11summaries in a conspicuous and accessible place in or about the premises in which any
2.12person covered by sections 177.21 to 177.35 177.44 is employed. The department shall
2.13furnish copies of the summaries and rules to employers without charge.
2.14The commissioner may fine an employer up to $200 for each failure to comply with
2.15this section. This penalty is in addition to any penalties provided by section 177.32,
2.16subdivision 1

2.17    Sec. .... Minnesota Statutes 2008, section 177.32, is amended to read:
2.18177.32 PENALTIES.
2.19    Subdivision 1. Misdemeanors. An employer who does any of the following is
2.20guilty of a misdemeanor:
2.21(1) hinders or delays the commissioner in the performance of duties required under
2.22sections 177.21 to 177.35 177.435;
2.23(2) refuses to admit the commissioner to the place of business or employment of the
2.24employer, as required by section 177.27, subdivision 1;
2.25(3) repeatedly fails to make, keep, and preserve records as required by section
2.26177.30 ;
2.27(4) falsifies any record;
2.28(5) refuses to make any record available, or to furnish a sworn statement of the
2.29record or any other information as required by section 177.27;
2.30(6) repeatedly fails to post a summary of sections 177.21 to 177.35 177.44 or a copy
2.31or summary of the applicable rules as required by section 177.31;
2.32(7) pays or agrees to pay wages at a rate less than the rate required under sections
2.33177.21 to 177.35 177.44;
2.34(8) refuses to allow adequate time from work as required by section 177.253; or
3.1(9) otherwise violates any provision of sections 177.21 to 177.35 177.44.
3.2    Subd. 2. Fine. An employer shall be fined not less than $700 nor more than $3,000
3.3if convicted of discharging or otherwise discriminating against any employee because:
3.4(1) the employee has complained to the employer or to the department that wages
3.5have not been paid in accordance with sections 177.21 to 177.35 177.435;
3.6(2) the employee has instituted or will institute a proceeding under or related to
3.7sections 177.21 to 177.35 177.435; or
3.8(3) the employee has testified or will testify in any proceeding.

3.9    Sec. .... Minnesota Statutes 2008, section 177.42, subdivision 6, is amended to read:
3.10    Subd. 6. Prevailing wage rate. "Prevailing wage rate" means the hourly basic rate
3.11of pay plus the contribution for health and welfare benefits, vacation benefits, pension
3.12benefits, and any other economic benefit paid to or for the largest number of workers
3.13engaged in the same class of labor within the area and for medical or hospital care,
3.14pensions on retirement or death, compensation for injuries or illness resulting from
3.15occupational activity, or insurance to provide any of the foregoing, for unemployment
3.16benefits, life insurance, disability and sickness insurance, or accident insurance, for
3.17vacation and holiday pay, for defraying the costs of apprenticeship or other similar
3.18programs, or for other bona fide fringe benefits, but only where the contractor or
3.19subcontractor is not required by other federal, state, or local law to provide any of those
3.20benefits, the amount of:
3.21(1) the rate of contribution irrevocably made by a contractor or subcontractor to a
3.22trustee or to a third person under a fund, plan, or program; and
3.23(2) the rate of costs to the contractor or subcontractor that may be reasonably
3.24anticipated in providing benefits to laborers and mechanics pursuant to an enforceable
3.25commitment to carry out a financially responsible plan or program which was
3.26communicated in writing to the laborers and mechanics affected.
3.27"Prevailing wage rate" includes, for the purposes of section 177.44, rental rates for
3.28truck hire paid to those who own and operate the truck.
3.29The prevailing wage rate may not be less than a reasonable and living wage.

3.30    Sec. .... Minnesota Statutes 2008, section 177.42, is amended by adding a subdivision
3.31to read:
3.32    Subd. 7. Employer. "Employer" means any individual, partnership, association,
3.33corporation, business trust, or other business entity that hires a laborer, worker, or

4.1    Sec. .... Minnesota Statutes 2008, section 177.43, subdivision 3, is amended to read:
4.2    Subd. 3. Contract requirements. The contract must specifically state the
4.3prevailing wage rates, prevailing hours of labor, and hourly basic rates of pay. The
4.4contracting authority shall incorporate into its proposals and contracts the applicable
4.5wage determinations for the contract along with contract language provided by the
4.6commissioner of labor and industry to notify the contractor of the applicability of sections
4.7177.41 to 177.44. Failure to incorporate the determination or provided contract language
4.8into the contracts shall make the contracting authority liable for making whole the
4.9contractor for any increases in the wages paid, including employment taxes and reasonable
4.10administrative costs based on the appropriate prevailing wage due to the laborers or
4.11mechanics working on the project. The contract must also provide that the contracting
4.12agency shall demand, and the contractor and subcontractor shall furnish to the contracting
4.13agency, copies of any or all payrolls not more than 14 days after the end of each pay
4.14period. The payrolls must contain all the data required by section 177.30. The contracting
4.15authority may examine all records relating to wages paid laborers or mechanics on work
4.16to which sections 177.41 to 177.44 apply.

4.17    Sec. .... Minnesota Statutes 2008, section 177.43, subdivision 6a, is amended to read:
4.18    Subd. 6a. Prevailing wage violations. (a) If an employer is found by the
4.19commissioner to have violated this section prior to the issuance of a compliance order
4.20under section 177.27, subdivision 4, the commissioner shall order the employer to cease
4.21and desist from engaging in the violative practice and to take affirmative steps that in
4.22the judgment of the commissioner will effectuate the purposes of the section or rule
4.23violated. The commissioner shall require any employer that has violated this section to
4.24pay the aggrieved parties back pay, less any amount actually paid to the employee by the
4.25employer, and, if the employer has repeatedly violated this section, for an additional equal
4.26amount as liquidated damages. For the purposes of this subdivision, "repeatedly" means
4.27to be found by the commissioner to have violated this section more than once within a
4.28two-year period. An employer who is found by the commissioner to have repeatedly or
4.29willfully violated this section is subject to a civil penalty of up to $1,000 for each violation
4.30for each employee. In determining the amount of a civil penalty under this subdivision,
4.31the appropriateness of the penalty to the size of the employer's business and the gravity of
4.32the violation shall be considered.
4.33    (b) Upon issuing a compliance order to an employer pursuant to section 177.27,
4.34subdivision 4
, for violation of sections 177.41 to 177.44, the commissioner shall issue
4.35a withholding order to the contracting authority ordering the contracting authority to
5.1withhold payment of sufficient sum to the prime or general contractor on the project
5.2to satisfy the back wages assessed or otherwise cure the violation, and the contracting
5.3authority must withhold the sum ordered until the compliance order has become a final
5.4order of the commissioner and has been fully paid or otherwise resolved by the employer.
5.5    (c) During an investigation of a violation of sections 177.41 to 177.44 which the
5.6commissioner reasonably determines is likely to result in the finding of a violation of
5.7sections 177.41 to 177.44 and the issuance of a compliance order pursuant to section
5.8177.27, subdivision 4 , the commissioner may notify the contracting authority of the
5.9determination and the amount expected to be assessed and the contracting authority shall
5.10give the commissioner 90 days' prior notice of the date the contracting authority intends
5.11to make final payment."
5.12Renumber the sections in sequence and correct the internal references
5.13Amend the title accordingly