HB0236 - Prevailing wages.
2001 |
State of Wyoming |
01LSO-0454.E1 ENGROSSED |
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 hourly rate 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 10
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 22 director shall investigate, and shall institute
actions for
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 13
the period beginning April 1, 1994, through March 31, 1996, 14
if the public body ascertains that the rate of change for 15
the prevailing wage is below the annual inflation rate as 16
determined by the applicable Wyoming cost-of-living index 17
set by the department of administration and information for 18
the same time period, the public body shall adjust the 19
prevailing wage upward at the same applicable annual 20
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
Page 3
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 8
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 16
and declaring department
specifying the prevailing hourly
17 rate of wages in accordance with this subsection, shall be
18 final for all purposes of the
contract then being
19 considered, unless reviewed under
the provisions of this
20 act. A public body doing public
works directly shall comply
21 with the prevailing hourly rate of
wages portion of this
22 section
of the act subsection for each
craft or type of
23 workman so employed.
24
Page 4
1 (b) In
determining prevailing hourly wage rates,
the
2
public body department shall ascertain and consider the
3
applicable hourly wage rates
established by collective
4
bargaining agreements, if any, and such
hourly wage rates
5
as are paid generally within the locality and
the most
6 current department hourly wage survey
as adjusted in W.S.
7 27-4-406.
8
9 27-4-406. Wage rate to be filed with
director and
10 mailed to employers and certain employees.
11
12 (a) Immediately upon determining The department
shall
13 annually
determine the prevailing hourly rate of wages, the 14
public body shall file a certified copy thereof with the 15
commissioner. The public body or the commissioner shall 16
promptly mail a copy of such determination to any employer 17
and to any association of employers, and to any person or 18
association of employees who have filed their names and 19
addresses, requesting copies of any determination.
within
20 the state for all occupations, crafts or type of workers
21 expected to be required for public works in the state. In
22 carrying out this subsection, the department shall:
23
Page 5
1 (i) Utilize the most
recent payroll data as
2 submitted by employers or employee
organizations for
3 purposes of reporting payroll and
making contributions
4 under the Wyoming Employment Security
Law;
5
6 (ii) Provide for a
moving average wage
7 adjustment as defined in rules and
regulations of the
8 department;
9
10 (iii) Customize a survey for the construction
11 trades.
12
13 (b) Upon determining the prevailing hourly rate of
14 wages
under subsection (a) of this section, the department
15 shall provide notice of its determination to:
16
17 (i) The general public by publication in a
18 newspaper
of general circulation within each locality for
19 which a prevailing wage rate is determined; and
20
21 (ii) Each state agency and, upon written
22 request,
to any employer or other person. Notice under this
23 paragraph shall be made promptly by certified mail.
24
Page 6
1 27-4-407. Objection to rates filed;
hearing; ruling;
2 judicial
review.
3
4 (a) Written objection. - At any time within ten (10) 5 fifteen (15) days after
filing publication and
notification
6
of the wage determinations with the
commissioner under W.S.
7 27-4-406, any affected person who
may be affected thereby 8 may object in writing to the determination or
such part
9
thereof as he deems objectionable by
filing a written
10 notice with the commissioner director,
stating the specific
11 grounds of the objection. Such The
written objection shall
12 be a public record and available for
inspection by any
13 person who may be affected.
14
15 (b) Notice of hearing. - Within five (5) ten (10)
16 days of the receipt of the
objection, the commissioner 17 director shall set a date for a hearing on the
objection.
18 The date for the hearing shall be within
ten (10) thirty
19 (30) days of the receipt of the objection. Written
notice
20 of the time and place of the hearing
shall be given to the
21 objectors at least three (3) five (5)
days prior to the
22 date set for the hearing.
23
Page 7
1 (c) Hearing generally. - The commissioner director
2
may, in his discretion, hear each
written objection
3
separately or consolidate for hearing any two (2) or more
4
written objections. At the hearing the public
body 5 department shall introduce
in evidence the
investigation 6 methodology it
instituted used
and such any
other facts
7
which were considered at the time of the original
8
determination which formed the basis for its determination.
9
The public body department or any objectors thereafter may
10 introduce such evidence as which is material to the issues.
11 In no
case shall the department be required to disclose any
12 payroll data or survey data which was used in making a
13 determination under W.S. 27-4-406 which can be used to
14 identify any individual employer.
15
16 (d) Determination. - Within three (3) ten (10)
days
17 of the conclusion of the hearing,
the commissioner must 18 director shall rule on the written objections and
make
such 19 a final determination as
he believes the evidence warrants.
20 Immediately upon such a
final determination, the
21 commissioner
director shall serve a
certified copy thereof 22 upon on all parties to the proceedings by personal
service
23 or by registered mail.
24
Page 8
1 (e) Judicial review. - The final decision of the
2
commissioner director of the prevailing wages in the
3
locality shall be subject to review in accordance with the
4
provisions of the Wyoming Administrative Procedure Act. All
5
proceedings in any district court affecting a determination
6
of the commissioner director shall have priority in hearing
7
and determination over all other civil proceedings pending
8
in the court, except election contests.
9
10 27-4-408. Director's finding final
unless reviewed;
11 payments in excess of prevailing rate not
prohibited; hours
12 of work not limited.
13
14 The findings of the commissioner director
ascertaining and
15 declaring the prevailing hourly rate
of wages shall be
16 final for the locality, unless
reviewed as provided by law.
17 Nothing in this act, however, shall
be construed to
18 prohibit the payment to any workman
employed on any public
19 work of
a sum exceeding the prevailing hourly rate of
20 wages. Nothing in this act shall be
construed to limit the
21 hours of work which may be performed
by any workman in any
22 particular period of time.
23
24 27-4-409. Hearing procedure.
Page 9
1
2 The
procedure before the commissioner director for hearing
3
of objections shall be as provided in the Wyoming
4
Administrative Procedure.
5
6 27-4-410. Records of contractors.
7
8 The
contractor and each subcontractor or the officer of the
9
public body in charge of the project shall keep an accurate
10 record showing the names and occupations
of all workmen
11 employed by them, in connection with
the public work, and
12 showing also the actual wages paid
to each of the workmen,
13 which record shall be open at all
reasonable hours to the
14 inspection of the commissioner director
or the public body
15 awarding the contract, its officers
and agents.
16
17 Section 2. W.S. 27-4-402(a)(iv) is repealed.
18
19 Section 3. This act is effective July 1, 2001.
20
21 (END)
Page 10