Prevailing wage amendments.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0047

ENROLLED ACT NO. 65, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF WYOMING
2007 GENERAL SESSION

AN ACT relating to the prevailing wage for public works contracts; increasing minimum value of contracts covered under prevailing wage act; providing for a single statewide wage district for certain state-funded contracts;
authorizing the department of employment to investigate prevailing wage violations upon reasonable suspicion of a violation;
removing a requirement that prevailing wage determinations utilize employment security law wage reports; providing a bid preference for contractors participating in the department's prevailing wage survey; and providing for an effective date.

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

Section 1.

W.S. 27
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402(a)(i) and (ix)(A) through (C), 27
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404 and 27
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405(a) are amended to read:

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402.

Definitions.

(a)

As used in this act:

(i)

"Construction" includes construction, reconstruction, improvement, enlargement, alteration or repair of any public improvement fairly estimated to cost
twenty-five thousand dollars ($25,000.00)
one hundred thousand dollars ($100,000.00)
or more;

(ix)

"Locality" for public heavy, highway projects and public building projects means the following districts wherein the physical work is performed:

(A)

For federal highway and construction projects:

(I)

The entire state of Wyoming excluding
Laramie and Natrona counties
any area defined as a metropolitan statistical area pursuant to 44 U.S.C. 3504(e)(3) and 31 U.S.C. 1104(d)
;

(II)

Any area defined as a metropolitan statistical area pursuant to 44 U.S.C. 3504(e)(3) and 31 U.S.C. 1104(d).

(B)

Laramie county
For state only heavy and highway projects, the entire state of Wyoming
;

(C)

Natrona county
For public building projects, the entire state of Wyoming
.

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404.

Director to investigate complaints; rules and regulations.

Upon complaint of violation of this act
or upon reasonable suspicion that a violation of this act has occurred
, the
director
shall investigate, and shall institute actions for penalties herein prescribed when proven violations are considered by him to be intentional and willful in nature. The
director
may establish rules and regulations for the purpose of carrying out the purposes of this act.

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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 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. The public body shall specify in the 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 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 determined by the department pursuant to W.S. 27
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406, or 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 department specifying the prevailing hourly 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 subsection for each craft or type of workman so employed.
In reviewing bids for public works contracts, the public body shall only award a bid preference in the percentage specified in W.S. 16
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102(a) to any prospective contractor who participated, as certified by the department, in the department's wage survey for the period applicable to the contract being awarded.

Section 2.

W.S. 27
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406(a)(i) is repealed.

Section 3.

This act is effective July 1, 2007.

(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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