Public works and contracts-2.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0111

ENROLLED ACT NO. 41, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to public works
and
contracts;
amending definitions;
modifying limitations on subcontracting; granting rulemaking authority;
requiring investigations;
providing for penalties
and modifying penalty amounts
;
providing conforming amendments;
and providing for an effective date.

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

Section 1.

W.S. 16
‑
6
‑
101(a)
(i)
(intro), (C), by creating
n
ew subparagraph
s
(J)
and (K)
and (ii)
,
16
‑
6
‑
102(e),
16
‑
6
‑
104,
16
‑
6
‑
111,
16
‑
6
‑
120
and 16
‑
6
‑
206
are amended to read:

16
‑
6
‑
101.

Definitions.

(a)

As used in this act:

(i)

"Resident" means a person, partnership, limited partnership, registered limited partnership, registered limited liability company or corporation certified as a resident by the department of employment
following receipt of an affidavit executed by the president of the company or his designee of compliance with this act and

prior to bidding upon the contract or responding to a request for proposal, subject to the following criteria:

(C)

A corporation organized under the laws
of the state
:

(I)

W
ith at least
fifty percent (50%)

of the issued and outstanding shares of stock in the corporation owned by
persons who have been residents of the state for

one (1) year or
more
prior to bidding upon the contract or responding to a request for proposal
;
, and

(II)

W
hich
maintains

has maintained
its principal office and place of business within the state
,

for
at least one
(
1
) year
;
and

(III)

T
he president of the corporation has been a resident
of the state for

one (1) year or
more
immediately prior to bidding upon the contract or responding to a request for proposal
.
;

(J
)

A corporation
organized under the laws of any state which
has
been in existence for two (2) years

or more:

(I)

Has continuously maintained
a
principal
office and
plac
e of business within the state for
at least one
(
1
) year;

(II)

Has
continuously employed not less than fifteen (15) full-time Wyoming resident employees within the state

for one (1) year or more prior to bidding upon the contract or responding to a request for proposal; and

(III
)

Has paid
worker’s c
ompensation and unemployment taxes

in
Wyoming
for at least o
ne
(
1
)
year a
nd is in good standing with
Wyoming

w
orker’s
c
ompensation and
d
epartment of
e
mployment at the time
the
bid or re
quest for proposal is submitted.

(K)

A business entity which qualifies as a resident pursuant to this paragraph shall not lose that residency solely due to a conversion under the provisions of W.S. 17-26-101 or other reorganization as a different business entity.

(ii)

"
Principal o
ffice and place of business" means a headquarters or administrative center where
:

(A)

T
he high level officers
or management
direct, control and coordinate the

business activities
;

are conducted or controlled
;
and

(B)

The
key business functions are conducted, including, but not limited to project bidding
.

16
‑
6
‑
102.

Resident contractors; preference limitation with reference to lowest bid or qualified response; decertification; denial of application for residency.

(e)

The department
may

shall
make investigations as necessary to determine whether any person is eligible to receive or continue to hold a certificate of residency. The department may require or permit any person to file

a statement in writing

at any time
, under oath or otherwise as to all the facts and circumstances concerning the matter to be investigated. For the purpose of any investigation under this section, the director of the department or any person designated by him may administer oaths and affirmations, subpoena witnesses, and compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or other documents or records, which the director or designated person deems relevant or material to the inquiry. In case of refusal to obey a subpoena issued to any person, any Wyoming district court, upon application by the director, may issue to the person an order requiring him to appear before the director or the officer designated by him, to produce documentary evidence if so ordered, or to give evidence touching the matter under investigation or in question. Failure to obey the order of the court may be punished by the court as contempt of court.

The burden of proof
regarding
the status of the residency is on the person whose residency is in question.

16
‑
6
‑
104.

Preference for
Wyoming
materials required in contracts.

Resident
Wyoming
laborers, workmen and mechanics shall be used upon all work enumerated in W.S. 16
‑
6
‑
102 whenever possible and any contract let shall so provide.
Wyoming
materials and products of equal quality and desirability shall have preference over materials or products produced outside the state and any contract let shall so provide.

16
‑
6
‑
111.

Penalty for violating work hours provisions.

Any person who violates this act is guilty of a misdemeanor punishable by a fine of not more than
five hundred dollars ($500.00)
, imprisonment in the county jail for not more than six (6) months, or both

seven hundred fifty dollars ($750.00)
.

16
‑
6
‑
120.

Rulemaking; penalties; enforcement.

(a)

The
d
epartment of
e
mployment shall
promulgate
rules and regulations required to enforce this act.

(b
)

A person, partnership, association, limited partnership, registered limited partnership, registered limited l
iability company or corporation
and
any
office
r

or
member thereof that intentionally falsifies information under this act
shall be
:

(i)

F
ined seven hundred fifty dollars (
$750
.00)

for each violation for each day during which the violation continues
;

(ii)

B
arred from bidding
on any
state contract or submitting
any
request for proposal on
any state project for
o
ne
(
1
) year from
the
date
the violation is
co
rrect
ed.

(c)

The department of employment is authorized and directed to enforce W.S. 16
‑
6
‑
101 through 16
‑
6
‑
206.

(d)

In the event a contractor fails to comply with an order from the department, the director shall refer the matter to the appropriate district or county attorney for enforcement of the department's order.

16
‑
6
‑
206.

Failure to employ state laborers; penalty.

(a)

A person who willfully or intentionally fails to use
Wyoming
laborers as required in this act is guilty of a misdemeanor punishable by a fine of not more than
five hundred dollars ($500.00
)
or by imprisonment for not more than thirty (30) days

seven hundred fifty dollars ($750.00)
.

Each separate case of failure to employ
Wyoming
laborers on public works projects constitutes a separate offense.

(b)

In the event a second offense occurs, the person shall be b
arred from bidding
on any
state contract or submitting
any
request for proposal on
any state project for
o
ne
(
1
) year from
the
date
the violation is
co
rrect
ed.

Section 2.

W.S. 16
‑
6
‑
101(a)(i)(H) is repealed.

Section 3.

This act is effective July 1, 2011.

(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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