S.B. 69

1

FAMILY SUSTAINING WAGE AMENDMENTS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Fred J. Fife
5
6 LONG TITLE
7 General Description:
8 This bill amends the Labor Code to address wages.
9 Highlighted Provisions:
10 This bill:
11 . defines terms;
12 . permits a city of the first class or second class or a county of the first or second class
13 to address a family sustaining wage for certain projects;
14 . clarifies language regarding federal funded projects; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill provides a coordination clause.
20 Utah Code Sections Affected:
21 AMENDS:
22 34-40-106, as enacted by Chapter 248, Laws of Utah 2001
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 34-40-106 is amended to read:
26 34-40-106. Limitations on minimum wage imposed by cities, towns, or counties.
27 (1) As used in this section:

28 (a) "Family sustaining wage" means compensation:
29 (i) due an employee for labor or services, whether the amount is fixed or ascertained on
30 a time, task, piece, commission basis, or other method of calculating the amount; and
31 (ii) that is an amount determined by the legislative body of the city or county described
32 in Subsection (4) as sufficient to meet the needs of a family within the city or county.
33 (b) "Project" means one or more agreements between a city or county and third parties:
34 (i) that the legislative body of the city or county determines relates to the same capital
35 improvement; and
36 (ii) the total cost of which to the city or county equals or exceeds $1,000,000.
37 [(1) A] (2) Except as provided in Subsection (4), a city, town, or county may not
38 establish, mandate, or require a minimum wage that exceeds the federal minimum wage as
39 provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
40 [(2)] (3) (a) [A] Except as provided in Subsection (4), a city, town, or county may not
41 require that a person who contracts with the city, town, or county pay that person's employees a
42 wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair
43 Labor Standards Act of 1938.
44 [(b) Subsection (2)(a) does not apply when federal law requires the payment of a
45 prevailing or minimum wage to persons working on projects funded in whole or in part by
46 federal funds.]
47 [(c)] (b) Subsection [(2)] (3)(a) applies to contracts executed on or after April 30, 2001.
48 (4) (a) A city of the first or second class or a county of the first or second class may do
49 the following for any contract entered into by that city or county as part of a project:
50 (i) establish, mandate, or require a family sustaining wage be paid under the contract;
51 (ii) require a person who contracts with the city or county pay that person's employees
52 a family sustaining wage; or
53 (iii) when making a contract decision:
54 (A) take into consideration whether a person is willing to pay that person's employees a
55 family sustaining wage; or
56 (B) give a preference to a person who is willing to pay that person's employees a family
57 sustaining wage.
58 (b) This section does not apply when federal law requires the payment of a specified

59 wage to persons working on a project funded in whole or in part by federal funds.
60 Section 2. Coordinating S.B. 69 and S.B. 139.
61 If this S.B. 69 and S.B. 139, Minimum Wage Amendments, both pass, it is the intent of
62 the Legislature that the Office of Legislative Research and General Counsel in preparing the
63 Utah Code database for publication, modify Section 34-40-106 to read as follows:
64 "34-40-106. Limitations on minimum wage imposed by cities, towns, or counties.
65 (1) As used in this section:
66 (a) "Family sustaining wage" means compensation:
67 (i) due an employee for labor or services, whether the amount is fixed or ascertained on
68 a time, task, piece, commission basis, or other method of calculating the amount; and
69 (ii) that is an amount determined by the legislative body of the city or county described
70 in Subsection (5) as sufficient to meet the needs of a family within the city or county.
71 (b) "Project" means one or more agreements between a city or county and third parties:
72 (i) that the legislative body of the city or county determines relates to the same capital
73 improvement; and
74 (ii) the total cost of which to the city or county equals or exceeds $1,000,000.
75 [(1) A] (2) Except as provided in Subsection (5), a city, town, or county may not
76 establish, mandate, or require a minimum wage that exceeds the federal minimum wage as
77 provided in 29 U.S.C. Sec. 201 et seq., Fair Labor Standards Act of 1938.
78 [(2)] (3) (a) [A] Except as provided in Subsection (5), a city, town, or county may not
79 require that a person who contracts with the city, town, or county pay that person's employees a
80 wage that exceeds the federal minimum wage as provided in 29 U.S.C. Sec. 201 et seq., Fair
81 Labor Standards Act of 1938.
82 [(b) Subsection (2)(a) does not apply when federal law requires the payment of a
83 prevailing or minimum wage to persons working on projects funded in whole or in part by
84 federal funds.]
85 [(c)] (b) Subsection [(2)] (3)(a) applies to contracts executed on or after April 30, 2001.
86 (4) (a) Except as provided in Subsection (5), if a city, town, or county contracts with a
87 person, in awarding or otherwise executing that contract, the city, town, or county may not:
88 (i) consider whether or not the person who contracts with the city, town, or county pays
89 that person's employees a wage that exceeds the minimum wage as provided in 29 U.S.C. 201

90 et seq., Fair Labor Standards Act of 1938; or
91 (ii) give any preferential treatment to a person that pays that person's employees a wage
92 that exceeds the minimum wage as provided in 29 U.S.C. 201 et seq., Fair Labor Standards Act
93 of 1938.
94 (b) This Subsection (4) applies to contracts executed on or after May 2, 2005.
95 (5) (a) A city of the first or second class or a county of the first or second class may do
96 the following for any contract entered into by that city or county as part of a project:
97 (i) establish, mandate, or require a family sustaining wage be paid under the contract;
98 (ii) require a person who contracts with the city or county pay that person's employees
99 a family sustaining wage; or
100 (iii) when making a contract decision:
101 (A) take into consideration whether a person is willing to pay that person's employees a
102 family sustaining wage; or
103 (B) give a preference to a person who is willing to pay that person's employees a family
104 sustaining wage.
105 (b) This section does not apply when federal law requires the payment of a specified
106 wage to persons working on a project funded in whole or in part by federal funds."




Legislative Review Note
as of 2-9-05 4:30 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel