ORIGINAL HOUSE ENGROSSED
BILL NO. 0236
ENROLLED ACT NO.
70, HOUSE OF REPRESENTATIVES
FIFTY-SIXTH LEGISLATURE
OF THE STATE OF WYOMING
2001
GENERAL SESSION
AN ACT relating to
prevailing wages; providing definitions;
amending obsolete
language; amending procedures for
determining
prevailing hourly rate of wages as specified;
amending time
periods for objections to determinations and
hearings;
repealing an obsolete definition; and providing
for an effective
date.
Be It Enacted
by the Legislature of the State of Wyoming:
Section 1. W.S. 27-4-402(a)(ii),
(iii), (ix)(intro)
and by creating new paragraphs (x) and (xi) and 27-4-404
through 27-4-410 are amended to read:
27-4-402. Definitions.
(a) As used in
this act:
(ii) "Commissioner Director"
shall mean the
commissioner
of labor and statistics director of the
department or his
designee;
(iii) "Prevailing
hourly rate of wages" means
the wages paid
generally to and the associated customary
and usual fringe
benefit costs paid on behalf of workers
engaged in work of a
similar character;, as determined by
labor market locality
within the state;
(ix) "Locality"
for public heavy, and highway
projects and public building projects means the following
districts wherein the
physical work is performed:
(x) "Department"
means the department of
employment;
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(xi) "This
act" means W.S. 27-4-401 through
27-4-413.
27-4-404. Director to investigate
complaints; rules
and
regulations.
Upon
complaint of violation of this act, the commissioner
penalties herein
prescribed when proven violations are
considered by him to
be intentional and willful in nature.
The commissioner director
may establish rules and
regulations for the
purpose of carrying out the purposes of
this act.
27-4-405. Duty of public authority to
ascertain wage
rate for
public works; requirement as to call for bids.
(a) Before any
public body awards a contract for
public works, it shall
ascertain obtain
from the department
the prevailing hourly
rate of wages in the locality in
which the work is to
be performed, for each craft or type
of workman needed to
execute the contract or project. For
the period beginning
April 1, 1994, through March 31, 1996,
if the public body
ascertains that the rate of change for
the prevailing wage is
below the annual inflation rate as
determined by the
applicable Wyoming cost-of-living index
set by the department
of administration and information for
the same time period,
the public body shall adjust the
prevailing wage upward
at the same applicable annual
inflation rate.
resolution or
ordinance and in the call for bids for the
contract, what the
prevailing hourly rate of wages in the
locality is for each
craft or type of workman needed to
execute the contract,
and it shall be mandatory upon the
contractor to whom the
contract is awarded and upon any
subcontractor under
him, to pay not less than the specified
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rates to
all workmen employed by them in the execution of
the contract. The
public body awarding the contract shall
cause to be inserted
in the contract a stipulation to the
effect that not less
than the prevailing hourly rate of
wages as found determined
by the public body, the
commissioner
determined by the
court on review, shall be paid to all
workmen performing
work under the contract. It shall also
require in all the
contractor's bonds that the contractor
include such provision
as will guarantee the faithful
performance of the
prevailing hourly wage clause as
provided by the
contract. The finding of the public body
awarding the contract
or authorizing the work, ascertaining
and declaring
rate of wages in accordance with this subsection, shall be
final for all purposes
of the contract then being
considered, unless
reviewed under the provisions of this
act. A public body
doing public works directly shall comply
with the prevailing
hourly rate of wages portion of this
section
of the act subsection for each craft or type of
workman so employed.
(b) In
determining prevailing hourly wage rates,
the
public
body department shall ascertain and consider the
applicable hourly wage rates established by collective
bargaining agreements,
if any, and such hourly wage rates
as are paid generally
within the locality and the most
current department
hourly wage survey as adjusted in W.S.
27-4-406.
27-4-406. Wage rate to be filed with
director and
mailed to
employers and certain employees.
(a) Immediately upon determining The department
shall
annually determine the
prevailing hourly rate of wages, the
public body shall file
a certified copy thereof with the
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commissioner. The public body or the commissioner shall
promptly mail a copy
of such determination to any employer
and to any association
of employers, and to any person or
association of
employees who have filed their names and
addresses, requesting
copies of any determination.
the state for all
occupations, crafts or type of workers
expected to be required
for public works in the state. In
carrying out this
subsection, the department shall:
(i) Utilize the most
recent payroll data as
submitted by employers
or employee organizations for
purposes of reporting
payroll and making contributions
under the Wyoming
Employment Security Law;
(ii) Provide for a
moving average wage
adjustment as defined
in rules and regulations of the
department;
(iii) Customize a survey
for the construction
trades.
(b) Upon determining
the prevailing hourly rate of
wages under subsection
(a) of this section, the department
shall provide notice
of its determination to:
(i) The general public
by publication in a
newspaper of general
circulation within each locality for
which a prevailing
wage rate is determined; and
(ii) Each state agency
and, upon written
request, to any
employer or other person. Notice under this
paragraph shall be
made promptly by certified mail.
27-4-407. Objection to rates filed;
hearing; ruling;
judicial
review.
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(a) Written objection. - At any time within ten (10)
filing publication and
notification
of the wage
determinations with the commissioner under W.S.
27-4-406, any affected person who
may be affected thereby
such part
thereof as he deems objectionable by filing a written
notice with the commissioner director,
stating the specific
grounds of the
objection. Such The written objection shall
be a public record and
available for inspection by any
person who may be
affected.
(b) Notice of hearing. - Within five (5) ten (10)
days of the receipt of
the objection, the commissioner
The date for the
hearing shall be within ten (10) thirty
(30) days of the receipt of the
objection. Written notice
of the time and place
of the hearing shall be given to the
objectors at least three (3) five (5)
days prior to the
date set for the
hearing.
(c) Hearing generally. - The commissioner director
may, in his discretion, hear each written objection
separately or
consolidate for hearing any two (2) or more
written objections. At
the hearing the public body
investigation
instituted used and such any other facts
which were considered
at the time of the original
determination which
formed the basis for its determination.
The public body department
or any objectors thereafter may
introduce such evidence as which is material to the issues.
In no
case shall the department be required to disclose any
payroll data or survey
data which was used in making a
determination under
W.S. 27-4-406 which can be used to
identify any
individual employer.
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(d) Determination. - Within three (3) ten (10)
days
of the conclusion of
the hearing, the commissioner must
such
he believes the
evidence warrants.
Immediately upon such a
final determination, the
commissioner
director shall serve a certified copy thereof
or by registered mail.
(e) Judicial review. - The final decision of the
commissioner
director of the prevailing wages in the
locality shall be
subject to review in accordance with the
provisions of the
Wyoming Administrative Procedure Act. All
proceedings in any
district court affecting a determination
of the commissioner director
shall have priority in hearing
and determination over
all other civil proceedings pending
in the court, except
election contests.
27-4-408. Director's finding final
unless reviewed;
payments in
excess of prevailing rate not prohibited; hours
of work not
limited.
The
findings of the commissioner director ascertaining and
declaring the
prevailing hourly rate of wages shall be
final for the
locality, unless reviewed as provided by law.
Nothing in this act,
however, shall be construed to
prohibit the payment
to any workman employed on any public
work of a sum exceeding the prevailing hourly rate of
wages. Nothing in this
act shall be construed to limit the
hours of work which
may be performed by any workman in any
particular period of
time.
27-4-409. Hearing procedure.
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The
procedure before the commissioner director for hearing
of objections shall be
as provided in the Wyoming
Administrative
Procedure.
27-4-410. Records of contractors.
The
contractor and each subcontractor or the officer of the
public body in charge
of the project shall keep an accurate
record showing the
names and occupations of all workmen
employed by them, in
connection with the public work, and
showing also the
actual wages paid to each of the workmen,
which record shall be
open at all reasonable hours to the
inspection of the commissioner director
or the public body
awarding the contract,
its officers and agents.
Section
2. W.S. 27-4-402(a)(iv) is repealed.
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Section 3. This
act is effective July 1, 2001.
(END)
Speaker of
the House President of
the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this act originated in the
House.
Chief Clerk
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