Associated Builders & Contractors v. Ventura

610 N.W.2d 293, 2000 WL 339975
CourtSupreme Court of Minnesota
DecidedMarch 31, 2000
DocketC8-98-1383, C1-98-1385, C4-98-1428
StatusPublished
Cited by49 cases

This text of 610 N.W.2d 293 (Associated Builders & Contractors v. Ventura) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Associated Builders & Contractors v. Ventura, 610 N.W.2d 293, 2000 WL 339975 (Mich. 2000).

Opinions

[295]*295OPINION

STRINGER, Justice.

An amendment to the prevailing wage law providing that prevailing wages must be paid in all construction or remodeling projects of educational facilities exceeding $100,000 was enacted as part of a 1997 omnibus tax bill relating to tax relief and reform. Respondents Associated Builders and Contractors (Associated Builders), Independent School District No. 882 (ISD 882) and Wright Electric, Inc. (Wright Electric) challenge the constitutionality of the amendment claiming it violates the Single Subject and Title Clause of the Minnesota Constitution, Article IV, Section 17, which states “No law shall embrace more than one subject, which shall be expressed in its title.” 1 The district court granted respondents’ motion for summary judgment ruling that the amendment violates both clauses of Section 17. The court of appeals affirmed, holding that the prevailing wage amendment was “not remotely related [to the bill’s subject of] tax reform and relief,” and that the title provision was violated because the title made no reference to topics such as “prevailing wage,” “school districts” or “labor.” Associated Builders and Contractors v. Carlson, 590 N.W.2d 130, 136 (Minn.App.1999). The court of appeals then severed the amendment pursuant to Minn.Stat. § 645.20 (1998) permitting severance of an unconstitutional provision where it is unconnected to the remaining provisions of the law. See Associated Builders and Contractors, 590 N.W.2d. at 137. We affirm the court of appeals.

The appropriate context for our analysis begins with a brief history of the prevailing wage law and passage of the challenged amendment.2 The prevailing wage law-a law requiring the payment of wages on projects financed with state funds to be comparable to wages paid for similar work in the community as a whole-was first introduced as House File 134 on January 11, 1973 and was the subject of hearings both in the House Labor-Management Relations Committee and Senate Committee on Labor and Commerce.3 It was passed by a house vote of 84-39, by the senate 56-0 and was enacted as chapter 724 on May 24, 1973.4 The purpose of the prevailing wage law is explained in the statute’s preface:

It is in the public interest that public buildings and other public works be constructed and maintained by the best means and highest quality of labor reasonably available and that persons working on public works be compensated according to the real value of the services they perform. It is therefore the policy of this state that wages of laborers, workers, and mechanics on projects financed in whole or part by state funds should be comparable to wages paid for similar work in the community as a . whole.

Minn.Stat. § 177.41 (1998). The statutory scheme requires that employees working on certain state funded construction projects be paid an hourly wage based on [296]*296prevailing wages in the area. See id. A project is defined as the “erection, construction, remodeling, or repairing of a public building or other public work financed in whole or in part by state funds.” Minn.Stat. § 177.42, subd. 2 (1998). .

In 1995, in NewMech Cos., Inc. v. Independent Sch. Dist. No. 206, 540 N.W.2d 801, 803 (Minn.1995), we held that the prevailing wage statute language “financed in whole or part by state funds” did not include state' aid payments to school districts through Debt Service Equalization Aid (DSEA) or Homestead and Agricultural Credit Aid (HACA) because' those payments were intended to provide property relief to taxpayers, not to subsidize construction costs. NewMech thus narrowed the prevailing wage law by limiting its application to direct state funding only. Id. at 805.5

In response to our decision in NewMech, and with the stated purpose of overturning it, an amendment to the prevailing wage law’s definition of “project” was introduced in the House of Representatives on March 13, 1997 and was referred to the House Committee on Labor-Management Relations.6 There was no companion bill in the senate. House File 1512, now codified at Minn.Stat. § 123B.71,' subd. 2 (1998),7 was described by Representative Thomas Bákk as á “pretty simple little bill, four lines * * * [stating that] on school construction here in Minnesota, it [should be] public policy that any school construction over $100,000 in cost be covered by Minnesota’s prevailing wage rate law.”8 The bill amends the previous definition of “project” by including all educational facilities where the estimated cost of building exceeds $100,000:

Minnesota Statutes, 1996, section [123B.71, subd. 2], is amended by adding a subdivision to read:
Subd. 1A. PROJECT. The construction, remodeling, or improvement of a building or site of an educational facility at an estimated cost exceeding $100,000 is a project under section 177.42, subdivision 2.9

Notably the bill did not amend the prevailing wage law directly-instead, it amended Minn.Stat. § 123B.71, subd. 2, relating to “review and comment for school district construction” by adding a new definition of “project” under the prevailing wage law. Thus, only by cross reference could the amendment be tracked to its substantive effect.

During the committee meeting Tom Deans, legal counsel for the Minnesota School Board Association, offered this comment about the bill:

This bill makes all school district projects, that are projects for purposes of the prevailing wage law, all of them over $100,000, that means whether or not there is a dime of state money that comes in,⅜ * * this would require [those districts] to pay prevailing wages as well
[[Image here]]
* * * So what you’re doing is, you’re taking those higher costs [from paying the prevailing wage rather than a lower wage] and you’re passing them onto [297]*297property tax payers for 20 to 30 years ⅜ ⅜ * 10

At the close of the committee meeting Representative Bakk moved that the bill be passed and referred to the Committee on Taxes.11 There was little discussion of the prevailing wage amendment in the tax committee and the bill was incorporated into the Omnibus Tax Bill.12

Four days later, on the house floor, Representative Dee Long, Chair of the House Tax Committee, gave an overview of the Omnibus Tax Bill. She described the bill as one that “achieves both property tax relief and long-term reform and does it without raising any other taxes * * 13 Representative Long characterized the article in which the prevailing wage amendment was included as making “a number of miscellaneous and minor changes in tax laws.”14 Legislators questioned why a bill pertaining to prevailing wages should be incorporated in a tax bill, but an amendment to delete the provision from the tax bill was defeated by a vote of 50-81.15

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Planned Parenthood of the Heartland v. Hilgers
317 Neb. 217 (Nebraska Supreme Court, 2024)
Otto v. Wright Cnty.
910 N.W.2d 446 (Supreme Court of Minnesota, 2018)
Back v. State
902 N.W.2d 23 (Supreme Court of Minnesota, 2017)
Otto v. Wright County
899 N.W.2d 186 (Court of Appeals of Minnesota, 2017)
State v. Melchert-Dinkel
844 N.W.2d 13 (Supreme Court of Minnesota, 2014)
State ex rel. Commissioner of Human Services v. Buchmann
830 N.W.2d 895 (Court of Appeals of Minnesota, 2013)
Wallace v. State
820 N.W.2d 843 (Supreme Court of Minnesota, 2012)
Haugen v. Superior Development, Inc.
819 N.W.2d 715 (Court of Appeals of Minnesota, 2012)
State v. Melchert-Dinkel
816 N.W.2d 703 (Court of Appeals of Minnesota, 2012)
Kangas v. Industrial Welders & Machinists, Inc.
814 N.W.2d 97 (Court of Appeals of Minnesota, 2012)
Anderson v. Commissioner of Health
811 N.W.2d 162 (Court of Appeals of Minnesota, 2012)
State v. Omwega
769 N.W.2d 291 (Court of Appeals of Minnesota, 2009)
Townsend v. State
767 N.W.2d 11 (Supreme Court of Minnesota, 2009)
Murphy v. COMMISSIONER OF HUMAN SERVICES
765 N.W.2d 100 (Court of Appeals of Minnesota, 2009)
BHGDN, LLC v. Minnesota
598 F. Supp. 2d 995 (D. Minnesota, 2009)
State v. Netland
762 N.W.2d 202 (Supreme Court of Minnesota, 2009)
Mertins v. Commissioner of Natural Resources
755 N.W.2d 329 (Court of Appeals of Minnesota, 2008)
Edina Community Lutheran Church v. State
745 N.W.2d 194 (Court of Appeals of Minnesota, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
610 N.W.2d 293, 2000 WL 339975, Counsel Stack Legal Research, https://law.counselstack.com/opinion/associated-builders-contractors-v-ventura-minn-2000.