HB0236 - Prevailing wages.
|
2001 |
State of Wyoming |
01LSO-0454 |
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 hours 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:
Page 1
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
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
23 penalties herein prescribed when proven
violations are
24 considered by him to be intentional and
willful in nature.
Page 2
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
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. 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
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
and declaring specifying the prevailing hourly rate of
17 wages in
accordance with this subsection, shall be final
18 for all purposes of the contract then being
considered,
19 unless reviewed under the provisions of this
act. A public
20 body doing public works directly shall
comply with the
21 prevailing hourly rate of wages portion of
this section of
the act subsection for each craft or type of workman so
23 employed.
24
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1 (b) In
determining prevailing rates, the public body
2
shall ascertain and consider the applicable wage rates
3
established by collective bargaining agreements, if any,
4 and such rates as are paid generally within the
locality
5 and the most current department wage survey as adjusted in
6 W.S. 27-4-406.
7
8 27-4-406. Wage rate to be filed with
director and
9 mailed to employers and
certain employees.
10
11 (a) Immediately upon determining The department
shall
12 annually
determine the prevailing hourly rate of wages, the
public
body shall file a certified copy thereof with the
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. within
19 the
state for all occupations or crafts expected to be
20 required
for public works in the state. In carrying out
21 this
subsection, the department shall:
22
23 (i) Utilize the most recent payroll data as
24 submitted
by employers or employee organizations for
Page 5
1 purposes of reporting payroll and making contributions
2 under the Wyoming Employment Security
Law;
3
4 (ii) Provide for a
moving average wage
5 adjustment as defined in rules and
regulations of the
6 department;
7
8 (iii) Customize a survey
for the building
9 trades.
10
11 (b) Upon determining the prevailing hourly rate of
12 wages
under subsection (a) of this section, the department
13 shall
provide notice of its determination to:
14
15 (i) The general public by publication in a
16 newspaper
of general circulation within each locality for
17 which
a prevailing wage rate is determined; and
18
19 (ii) Each state agency and, upon written
20 request,
to any employer or other person. Notice under this
21 paragraph
shall be made promptly by certified mail.
22
23 27-4-407. Objection to rates filed;
hearing; ruling;
24 judicial review.
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1
2 (a) Written objection. - At any time within ten (10)
filing publication and
notification
4 of the wage
determinations with the commissioner under W.S.
5 27-4-406, any affected
person who may be affected thereby
such part
7 thereof
as he deems objectionable by filing a
written
8 notice
with the commissioner director, stating the specific
9 grounds
of the objection. Such The written objection shall
10 be a public record and available for
inspection by any
11 person who may be affected.
12
13 (b) Notice of hearing. - Within five (5) ten (10)
14 days of the receipt of the objection, the commissioner
16 The date for the hearing shall be within ten (10) thirty
17 (30)
days of the receipt of the objection. Written notice
18 of the time and place of the hearing shall
be given to the
19 objectors at least three (3) five (5)
days prior to the
20 date set for the hearing.
21
22 (c) Hearing generally. - The commissioner director
23 may, in his
discretion, hear each written objection
24 separately or consolidate for hearing any
two (2) or more
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1
written objections. At the hearing the public
body
investigation
instituted used
and such any
other facts
4 which
were considered at the time of the original
5 determination
which formed the basis for its determination.
6 The
public body department
or any objectors thereafter may
7 introduce
such evidence as which is material to
the issues.
8 In no case shall the department be required to disclose any
9 payroll data or survey data which was used in making a
10 determination
under W.S. 27-4-406 which can be used to
11 identify any
individual employer.
12
13 (d) Determination. - Within three (3) ten (10)
days
14 of the conclusion of the hearing, the commissioner must
such
he believes the
evidence warrants.
17 Immediately upon such
a final determination, the
18 commissioner director shall serve a certified copy thereof
20 or by registered mail.
21
22 (e) Judicial review. - The final decision of the
23 commissioner director of the prevailing wages in the
24 locality shall be subject to review in
accordance with the
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1
provisions of the Wyoming Administrative Procedure Act. All
2
proceedings in any district court affecting a determination
3 of
the commissioner director shall have priority in hearing
4 and
determination over all other civil proceedings pending
5 in
the court, except election contests.
6
7 27-4-408. Director's finding final
unless reviewed;
8 payments in excess of
prevailing rate not prohibited; hours
9 of work not limited.
10
11 The findings of the commissioner director
ascertaining and
12 declaring the prevailing hourly rate of
wages shall be
13 final for the locality, unless reviewed as
provided by law.
14 Nothing in this act, however, shall be
construed to
15 prohibit the payment to any workman employed
on any public
16 work of
a sum exceeding the prevailing hourly rate of
17 wages. Nothing in this act shall be
construed to limit the
18 hours of work which may be performed by any
workman in any
19 particular period of time.
20
21 27-4-409. Hearing procedure.
22
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1 The
procedure before the commissioner director for hearing
2 of
objections shall be as provided in the Wyoming
3
Administrative Procedure.
4
5 27-4-410. Records of contractors.
6
7 The
contractor and each subcontractor or the officer of the
8
public body in charge of the project shall keep an accurate
9
record showing the names and occupations of all workmen
10 employed by them, in connection with the
public work, and
11 showing also the actual wages paid to each
of the workmen,
12 which record shall be open at all reasonable
hours to the
13 inspection of the commissioner director or
the public body
14 awarding the contract, its officers and
agents.
15
16 Section 2. W.S. 27-4-402(a)(iv) is repealed.
17
18 Section 3. This act is effective July 1, 2001.
19
20 (END)
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