Apprenticeship training program.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0308

HOUSE BILL
NO.
HB0117

Apprenticeship training program.

Sponsored by:
Representative(s) Connolly, Bonner, Goggles, Wallis and Zwonitzer, Dn. and Senator(s) Hastert

A BILL

for

AN ACT relating to apprenticeship programs; adding definitions; creating the apprenticeship training account; providing for payments by contractors and subcontractors into the account as specified; requiring report; authorizing rulemaking; providing for penalties; providing for enforcement; and providing for an effective date.

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

Section 1.

W.S. 16
‑
6
‑
903 through 16
‑
6
‑
905 are created to read:

16
‑
6
‑
90
3
.

Contractors; subcontractors
; payments
.

(
a
)

A contractor that is awarded a procurement contract

for a covered project shall provide to the agency

responsible for the project, as a condition of

receiving the contract, written verification that:

(i)

The contractor
will
participate in an apprenticeship

training program for each covered craft in which it will employ

persons for the covered project; or

(ii)

The contractor
wi
ll make payments to the account
in the amount required by subsection (e) of this section
.

(
b
)

The written verification required under subsection (
a
) of

this section shall be provided by a contractor to the agency

responsible for the project before the contractor commences

performance under the procurement contract.

(
c
)

A subcontractor that performs work valued at one hundred thousand dollars ($100,
000.00)
or more for a covered project shall provide to the agency

responsible for the project written

verification that:

(i)

The subcontractor
will participate
in an apprenticeship

training program for each covered craft in which it will employ

persons for the covered project; or

(ii)

The subcontractor
will
make payments to the account
in the amount required by subsection (e) of this section
.

(
d
)

The written verification required under subsection (
c
) of

this section shall be provided by a subcontractor to the agency

responsible for the project before the subcontractor commences

performance under the procurement contract.

(e
)

A contractor or subcontractor who
elects to make payments into the account

pursuant to paragraph (a)(ii) or (c)(ii) of this section s
hall make regular financial

contributions for each covered craft during the term of the covered

project
at the rate of twenty-five cents ($.25) per hour for each employee in each covered craft who is employed by the contractor or subcontractor on the covered project
.

(
f
)

If the director determines that a contractor or

subcontractor for a covered project has made contributions to an

apprenticeship training program at rates lower than those

required by this
section
, the contractor or subcontractor shall

make payments to the account for the difference between its

contribution and the contribution rate required by this article.

(
g
)

Payments made to the account in accordance with

subsection (a) or (
c
) of this section shall be made on a monthly basis.

(
h
)

A contractor or subcontractor that makes

contributions to the account may request that its contributions be

directed to a specific apprenticeship training program or workforce development

program.

(
j
)

The director shall make a good–faith effort to

accommodate requests received in accordance with subsection (
h
)
of this section.

(
k
)

A contractor shall report all apprenticeship payments

made under this
section
on any prevailing wage payroll records

as required.

(
m
)

Beginning September 1, 2011, the department shall report by September 1 of each year to the joint labor, health and social services and the joint minerals, business and economic development interim committees on the expenditures from the account, including the programs supported pursuant to this article. The report shall include summaries of the populations served, including efforts to target economically disadvantaged, displaced workers, women, younger workers, older workers, disabled workers and workers who have previously been incarcerated.

16
‑
6
‑
90
4
.

Apprenticeship training account
; reports
.

(a)

There is created the apprenticeship training account. All funds collected by the department shall be deposited in the account created by this section. Interest earned by the account shall be retained in the account. The account is appropriated for use and expenditure by the department for the costs of administering the programs under this article. Itemized vouchers shall be submitted to the department for approval. Upon approval, a warrant for the payment of each voucher shall be issued by the state auditor for payment from the apprenticeship training account.

(b)

Notwithstanding any other provision of law, any unexpended funds
within the account
shall not revert to the general fund.

(
c
)

The department shall use
funds
in the account to promote

apprenticeship training programs and other workforce development

programs in Wyoming's public secondary schools and community

colleges that assist students in preparing for and entering

apprenticeship training programs.

16
‑
6
‑
90
5
.

Penalties; rulemaking; enforcement.

(
a
)

Any person, firm or corporation that is found to

have willfully made a false or fraudulent representation or

omission regarding a material fact in connection with
a covered project as
required by this article shall be liable for a civil

penalty in an amount of up to one thousand dollars ($1,000.00) for each employee and for each

falsified record. For purposes of this subsection, "willfully" means

representations or omissions known to be false or made with

deliberate ignorance or reckless disregard for their truth or

falsity.

(
b
)

All
penalties
collected pursuant to subsection (
a
) of this section shall be paid to the state treasurer and credited as provided in W.S. 8
‑
1
‑
109.

(
c
)

The director shall
promulgate
rules and regulations necessary to
carry out the purposes of
this article.

(d
)

The director may file suit to enforce this

article in any court of competent jurisdiction.

(e
)

If the department prevails i
n an action filed under
subsection (d) of
this section, the contractor or subcontractor shall pay the amount required by subsection (a) of this section, including interest, reasonable attorney fees and court costs.

Section 2.

W.S. 16
‑
6
‑
901(a) by creating new paragraphs (vi) through (ix) is amended to read:

16
‑
6
‑
901.

Definitions.

(a)

As used in this act, unless the context clearly requires otherwise:

(vi)

"Account" means the state apprenticeship training account

established under W.S. 16
‑
6
‑
90
4
;

(vii)

"Covered craft" means a classification of workers listed

in the prevailing wage determination applicable to the covered

project;

(viii)

"Covered project" means a
contract
for the construction

of a public work, that is

bid
at two hundred fifty thousand dollars ($250,000.00) or more;

(ix)

"Director" means the director of the department of workforce services.

Section 3.

This act is effective July 1, 2010.

(END)

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HB0117