HB0236 - Prevailing wages.

 

2001

State of Wyoming

01LSO-0454.E1 ENGROSSED

 

 

 

HOUSE BILL NO.  HB0236

 

 

Prevailing wages.

 

Sponsored by:  Representative(s) Illoway and Senator(s)
Cathcart

 

 

A BILL

 

for

 

 1  AN ACT relating to prevailing wages; providing definitions;
 2  amending obsolete language; amending procedures for
 3  determining prevailing hourly rate of wages as specified;
 4  amending time periods for objections to determinations and
 5  hearings; repealing an obsolete definition; and providing
 6  for an effective date.

 7 

 8  Be It Enacted by the Legislature of the State of Wyoming:

 9

10         Section 1.  W.S. 27-4-402(a)(ii), (iii) and by
11  creating new paragraphs (x) and (xi) and 27-4-404 through
12  27-4-410 are amended to read:

13 

14         27-4-402.  Definitions.

15 

16         (a)  As used in this act:

 

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 1 

 2              (ii)  "Commissioner Director" shall mean the
 3  commissioner of labor and statistics director of the
 4  department or his designee;

 5 

 6              (iii)  "Prevailing hourly rate of wages" means
 7  the wages paid generally to and the associated customary
 8  and usual fringe benefit costs paid on behalf of workers
 9  engaged in work of a similar character;, as determined by
10  labor market locality within the state;

11 

12              (x)  "Department" means the department of
13  employment;

14 

15              (xi)  "This act" means W.S. 27-4-401 through
16  27-4-413.

17 

18         27-4-404.  Director to investigate complaints; rules
19  and regulations.

20 

21  Upon complaint of violation of this act, the commissioner
22  director shall investigate, and shall institute actions for
23  penalties herein prescribed when proven violations are
24  considered by him to be intentional and willful in nature.

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 1  The commissioner director may establish rules and
 2  regulations for the purpose of carrying out the purposes of
 3  this act.

 4 

 5         27-4-405.  Duty of public authority to ascertain wage
 6  rate for public works; requirement as to call for bids.

 7 

 8         (a)  Before any public body awards a contract for
 9  public works, it shall ascertain obtain from the department
10  the prevailing hourly rate of wages in the locality in
11  which the work is to be performed, for each craft or type
12  of workman needed to execute the contract or project. For
13  the period beginning April 1, 1994, through March 31, 1996,
14  if the public body ascertains that the rate of change for
15  the prevailing wage is below the annual inflation rate as
16  determined by the applicable Wyoming cost-of-living index
17  set by the department of administration and information for
18  the same time period, the public body shall adjust the
19  prevailing wage upward at the same applicable annual
20  inflation rate. The public body shall specify in the
21  resolution or ordinance and in the call for bids for the
22  contract, what the prevailing hourly rate of wages in the
23  locality is for each craft or type of workman needed to
24  execute the contract, and it shall be mandatory upon the

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 1  contractor to whom the contract is awarded and upon any
 2  subcontractor under him, to pay not less than the specified
 3  rates to all workmen employed by them in the execution of
 4  the contract. The public body awarding the contract shall
 5  cause to be inserted in the contract a stipulation to the
 6  effect that not less than the prevailing hourly rate of
 7  wages as found determined by the public body, the
 8  commissioner department pursuant to W.S. 27-4-406, or
 9  determined by the court on review, shall be paid to all
10  workmen performing work under the contract. It shall also
11  require in all the contractor's bonds that the contractor
12  include such provision as will guarantee the faithful
13  performance of the prevailing hourly wage clause as
14  provided by the contract. The finding of the public body
15  awarding the contract or authorizing the work, ascertaining
16  and declaring department specifying the prevailing hourly
17  rate of wages in accordance with this subsection, shall be
18  final for all purposes of the contract then being
19  considered, unless reviewed under the provisions of this
20  act. A public body doing public works directly shall comply
21  with the prevailing hourly rate of wages portion of this
22  section of the act subsection for each craft or type of
23  workman so employed.

24 

 

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 1         (b)  In determining prevailing hourly wage rates, the
 2  public body department shall ascertain and consider the
 3  applicable hourly wage rates established by collective
 4  bargaining agreements, if any, and such hourly wage rates
 5  as are paid generally within the locality and the most
 6  current department hourly wage survey as adjusted in W.S.
 7  27-4-406.

 8 

 9         27-4-406.  Wage rate to be filed with director and
10  mailed to employers and certain employees.

11 

12         (a)  Immediately upon determining The department shall
13  annually determine the prevailing hourly rate of wages, the
14  public body shall file a certified copy thereof with the
15  commissioner. The public body or the commissioner shall
16  promptly mail a copy of such determination to any employer
17  and to any association of employers, and to any person or
18  association of employees who have filed their names and
19  addresses, requesting copies of any determination. within
20  the state for all occupations, crafts or type of workers
21  expected to be required for public works in the state. In
22  carrying out this subsection, the department shall:

23 

 

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 1              (i)  Utilize the most recent payroll data as
 2  submitted by employers or employee organizations for
 3  purposes of reporting payroll and making contributions
 4  under the Wyoming Employment Security Law;

 5 

 6              (ii)  Provide for a moving average wage
 7  adjustment as defined in rules and regulations of the
 8  department;

 9 

10              (iii)  Customize a survey for the construction
11  trades.

12 

13         (b)  Upon determining the prevailing hourly rate of
14  wages under subsection (a) of this section, the department
15  shall provide notice of its determination to:

16 

17              (i)  The general public by publication in a
18  newspaper of general circulation within each locality for
19  which a prevailing wage rate is determined; and

20 

21              (ii)  Each state agency and, upon written
22  request, to any employer or other person. Notice under this
23  paragraph shall be made promptly by certified mail.

24 

 

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 1         27-4-407.  Objection to rates filed; hearing; ruling;
 2  judicial review.

 3 

 4         (a)  Written objection. - At any time within ten (10)
 5  fifteen (15) days after filing publication and notification
 6  of the wage determinations with the commissioner under W.S.
 7  27-4-406, any affected person who may be affected thereby
 8  may object in writing to the determination or such part
 9  thereof as he deems objectionable by filing a written
10  notice with the commissioner director, stating the specific
11  grounds of the objection. Such The written objection shall
12  be a public record and available for inspection by any
13  person who may be affected.

14 

15         (b)  Notice of hearing. - Within five (5) ten (10)
16  days of the receipt of the objection, the commissioner
17  director shall set a date for a hearing on the objection.
18  The date for the hearing shall be within ten (10) thirty
19  (30) days of the receipt of the objection. Written notice
20  of the time and place of the hearing shall be given to the
21  objectors at least three (3) five (5) days prior to the
22  date set for the hearing.

23 

 

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 1         (c)  Hearing generally. - The commissioner director
 2  may, in his discretion, hear each written objection
 3  separately or consolidate for hearing any two (2) or more
 4  written objections. At the hearing the public body
 5  department shall introduce in evidence the investigation
 6  methodology it instituted used and such any other facts
 7  which were considered at the time of the original
 8  determination which formed the basis for its determination.
 9  The public body department or any objectors thereafter may
10  introduce such evidence as which is material to the issues.
11  In no case shall the department be required to disclose any
12  payroll data or survey data which was used in making a
13  determination under W.S. 27-4-406 which can be used to
14  identify any individual employer.

15 

16         (d)  Determination. - Within three (3) ten (10) days
17  of the conclusion of the hearing, the commissioner must
18  director shall rule on the written objections and make such
19  a final determination as he believes the evidence warrants.
20  Immediately upon such a final determination, the
21  commissioner director shall serve a certified copy thereof
22  upon on all parties to the proceedings by personal service
23  or by registered mail.

24 

 

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 1         (e)  Judicial review. - The final decision of the
 2  commissioner director of the prevailing wages in the
 3  locality shall be subject to review in accordance with the
 4  provisions of the Wyoming Administrative Procedure Act. All
 5  proceedings in any district court affecting a determination
 6  of the commissioner director shall have priority in hearing
 7  and determination over all other civil proceedings pending
 8  in the court, except election contests.

 9 

10         27-4-408.  Director's finding final unless reviewed;
11  payments in excess of prevailing rate not prohibited; hours
12  of work not limited.

13 

14  The findings of the commissioner director ascertaining and
15  declaring the prevailing hourly rate of wages shall be
16  final for the locality, unless reviewed as provided by law.
17  Nothing in this act, however, shall be construed to
18  prohibit the payment to any workman employed on any public
19  work of a sum exceeding the prevailing hourly rate of
20  wages. Nothing in this act shall be construed to limit the
21  hours of work which may be performed by any workman in any
22  particular period of time.

23 

24         27-4-409.  Hearing procedure.

 

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 1 

 2  The procedure before the commissioner director for hearing
 3  of objections shall be as provided in the Wyoming
 4  Administrative Procedure.

 5 

 6         27-4-410.  Records of contractors.

 7 

 8  The contractor and each subcontractor or the officer of the
 9  public body in charge of the project shall keep an accurate
10  record showing the names and occupations of all workmen
11  employed by them, in connection with the public work, and
12  showing also the actual wages paid to each of the workmen,
13  which record shall be open at all reasonable hours to the
14  inspection of the commissioner director or the public body
15  awarding the contract, its officers and agents.

16 

17         Section 2.  W.S. 27-4-402(a)(iv) is repealed.

18 

19         Section 3.  This act is effective July 1, 2001.

20 

21                         (END)

 

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