(a) As used in this article:
(i) "Economic life" means the projected or anticipated useful life of a major facility as expressed by a term of years;
(ii) "Energy-consumption analysis" means the evaluation of all energy systems and components by demand and type of energy including the internal energy load imposed on a major facility by its occupants, equipment and components, and the external energy load imposed on a major facility by the climatic conditions of its location. The energy-consumption projections shall take into account daily and seasonal variations in energy system output during normal operations;
(iii) "Energy systems" means all utilities, including heating, air-conditioning, ventilating, lighting and the supplying of domestic hot water;
(iv) "Initial cost" means the monies required for the capital construction or renovation of a major facility;
(v) "Life-cycle cost analysis" means a study to compute life-cycle costs, as required in this act;
(vi) "Life-cycle cost" means the cost of a major facility including its initial cost, the cost of the energy consumed over its economic life and the cost of its operation and maintenance;
(vii) "Major facility" means any publicly owned building having eighteen thousand (18,000) square feet or more of gross floor area;
(viii) "Public agency" means every state office, officer, board, commission, committee, bureau, department and all political subdivisions of the state; and
(ix) "Renovation" means as defined by W.S. 9-2-3001(b)(xi).
(a) Life-cycle costs shall be the sum of:
(i) Initial cost;
(ii) The reasonably expected fuel costs over the life of the building based on the energy consumption analysis; and
(iii) The reasonable costs of maintenance and operation as they pertain to energy systems.
(b) Life-cycle costs shall be computed for two (2) or more alternatives for construction of the facility.
Public agencies shall, prior to the construction or renovation of any major facility, include in the design phase a provision requiring that life-cycle cost analyses be prepared for two (2) or more alternatives for the construction of the facility. These life-cycle cost analyses shall be available to the public. The life-cycle costs shall be a consideration in the selection of a building design by a public agency.
16-6-501. Building plans and specifications; required facilities; elevators; curb ramps; inspections; exceptions.
(a) The plans and specifications for the construction of or additions to all buildings for general public use built by the state or any governmental subdivision, school district or other public administrative body within the state, shall provide facilities and features conforming with the specifications set forth in the accessibility and supplemental accessibility requirements of the 2012 edition of the International Building Code.
(i) Repealed by Laws 2015, ch. 158, § 2.
(ii) Repealed by Laws 2015, ch. 158, § 2.
(iii) Repealed by Laws 2015, ch. 158, § 2.
(iv) Repealed by Laws 2015, ch. 158, § 2.
(v) Repealed by Laws 2015, ch. 158, § 2.
(b) Every curb or sidewalk to be constructed or reconstructed in Wyoming, where both are provided and intended for public use, whether constructed with public or private funds, shall provide a ramp at points of intersection between pedestrian and motorized lines of travel and no less than two (2) curb ramps per lineal block. Design for curb ramps shall be designed in accordance with the current Americans With Disabilities Act accessibility guidelines.
(c) Except as provided in this subsection, the state fire marshal or city engineer, or their designee, shall inspect any structure described in subsection (a) of this section at the request of any person. Curb ramps shall be inspected by the city at the request of any person and shall be modified or reconstructed by the contracting authority to meet the requirements of W.S. 16-6-501 through 16-6-504.
(d) Exceptions for good cause may be granted by the state fire marshal for any structure described in subsection (a) of this section or by the city for curb ramps.
16-6-502. Building plans and specifications; state fire marshal; review and approval.
All plans and specifications for the construction of or additions to buildings for general public use, built by the state or any governmental subdivision, school district or other public administrative body within this state, shall be submitted for review and approval by the state fire marshal, who shall approve if he finds the plans provide facilities which conform to the specifications set forth in the accessibility and supplemental accessibility requirements of the 2012 edition of the International Building Code.
16-6-503. Building plans and specifications; state fire
marshal; ruling and determination; filing of written objection. The state fire marshal shall within five (5) days mail a copy of his ruling and determination to the contracting authority and to any other interested or affected person, as defined under the Wyoming Administrative Procedure Act, who has made timely request of the state fire marshal for receipt of copies of all rulings and determinations. All mailings by the state fire marshal made under this section shall be made by certified mail. Any time within ten (10) days after receipt of the ruling or determination made by the state fire marshal the contracting authority or any other interested or affected person may object to the determination, or any part thereof as the contracting authority or any other interested or affected person deems objectionable by filing a written notice with the state fire marshal, stating the specific grounds of the objection. The written objection shall be filed in the records of the state fire marshal and shall be available for inspection by any person who may be affected.
16-6-504. Building plans and specifications; hearing on
objection; final administrative determination; judicial review.
(a) Within five (5) days of the receipt of the objection, the state fire marshal shall notify the department of fire prevention and electrical safety of the objection. That department shall set a date for a hearing on the objection to be held not less than ten (10) days nor more than thirty (30) days following receipt of the objection notice from the state fire marshal. Written notice of the time and place of the hearing shall be given by the department to the contracting authority and any other interested and affected persons at least ten (10) days prior to the date set for the hearing.
(b) The procedure before the department of fire prevention and electrical safety for hearing of objections shall be as provided in the Wyoming Administrative Procedure Act.
(c) Within ten (10) days of the conclusion of the hearing, the department shall rule on the written objections and make the final determination it determines that the evidence warrants. Immediately upon its final determination, the department shall serve a certified copy thereof on the contracting authority and all other interested and affected persons who may have appeared at the hearing, by personal service or by registered or certified mail.
(d) The final decision of the department of fire prevention and electrical safety is subject to review in accordance with the Wyoming Administrative Procedure Act. All proceedings in any district court affecting a determination of the department of fire prevention and electrical safety shall have priority in hearing and determination over all other civil proceedings pending in the court, except election contests.
(a) As used in this article:
(i) "Agency" means any department, agency or other instrumentality of the state or of a political subdivision of the state;
(ii) "Goods" means all personal property purchased, procured or contracted for by an agency, including leases of real property or other arrangements for the use of space;
(iii) "Services" means all services purchased, procured or contracted for by an agency, including construction services.
Except as provided by contract, any agency which purchases or procures goods and services from a nongovernmental entity shall pay the amount due within forty-five (45) days after receipt of a correct notice of amount due for the goods or services provided or shall pay interest from the forty-fifth day at the rate of one and one-half percent (1 1/2%) per month on the unpaid balance until the account is paid in full, unless a good faith dispute exists as to the agency's obligation to pay all or a portion of the account.
(a) As used in this act:
(i) "Acceptable depository" means a state or national bank or a savings and loan association or credit union in which deposits are insured;
(ii) "Contractor" means any person who is a party to a contract with a public entity for a public work;
(iii) "Public entity" means as defined in W.S. 16-6-101(a)(viii);
(iv) Repealed by Laws 2020, ch. 31, § 2.
(v) "Alternate design and construction delivery method" means the delivery method described by any qualifications based procurement of design and construction services, including all procedures, actions, events, contractual relationships, obligations and forms of agreement for the successful completion of any public work, other than by design, bid and build. Alternate design and construction delivery methods available to a public entity include construction manager agent, construction manager at risk or design-builder;
(vi) "Construction manager agent" means a type of construction management delivery where the professional service is procured under existing statutes for professional services. The construction manager agent is a construction consultant providing administrative and management services to the public entity throughout the design and construction phases of a public work. Under this delivery method, the construction manager agent is not the contracting agent and is not responsible for purchase orders;
(vii) "Construction manager at-risk" means a type of construction management delivery in which the construction manager at-risk is an advocate for the public entity as determined by the contracts throughout the preconstruction phase of a project. In the construction phase of a public work, the construction manager at-risk is responsible for all project subcontracts and purchase orders and may conduct all or a portion of the public work. Under this delivery method, the construction manager at-risk is responsible for providing a guaranteed maximum price for the public work to the public entity prior to commencing the public work and the construction manager at-risk shall be required to bond any project in accordance with W.S. 16-6-112;
(viii) "This act" means W.S. 16-6-701 through 16-6-708;
(ix) "Design-build" means a type of construction delivery method in which there is a single contract between the public entity and a design-builder who furnishes architectural, engineering and other related design services as required for the public work, as well as labor, materials and other construction services necessary for the public work. A design-builder may be selected by the public entity based on evaluation of responses to a request for qualifications, fixed scope request for proposal or fixed price request for proposal. The following shall apply:
(A) A design-builder may be selected based solely on a response to a request for qualification for public works with an estimated construction cost of five hundred thousand dollars ($500,000.00) or less provided there are not less than two (2) respondents;
(B) Responses to a fixed scope request for proposal or a fixed price request for proposal shall be used as the bases for selection for a public work with an estimated construction cost of more than five hundred thousand dollars ($500,000.00);
(C) Interested parties shall first respond to a request for qualification. Based on responses to the request for qualification a minimum of two (2) and maximum of five (5) respondents may be selected to respond to a fixed scope request for proposal or a fixed price request for proposal;
(D) The respondent chosen by evaluation to provide the best overall value for the public work shall be selected in response to a fixed scope request for proposal or a fixed price request for proposal. The best overall value shall be determined based on criteria set forth by the public entity letting the public work and may include, but is not limited to, qualifications, price, quality of materials and products, past experience and schedule;
(E) All unsuccessful respondents to a response for a fixed scope request for proposal or fixed price request for proposal may be compensated at the discretion of the public entity based upon a percentage of the price of the public work as proposed by the successful respondent in the respondent's original proposal. Any compensation provided pursuant to this subparagraph shall be clearly specified in the request for proposal.
(x) "Design-builder" means an entity that provides design-build services as described under paragraph (ix) of this subsection whether by itself or through subcontractual arrangements with other entities;
(xi) "Fixed price request for proposal" means a request for an oral and written presentation of all qualifications deemed pertinent to the public work by the public entity in addition to a schematic design and detailed description of all materials and products proposed to accommodate a preliminary project program prepared by the public entity and provided in the fixed price request for proposal. The successful respondent shall construct the public work described in their design and material and product description for a fixed price prepared by the public entity and provided in the fixed price request for proposal. The final guaranteed maximum price and scope for the public work may be altered from the request for proposal and negotiated with the successful respondent at the discretion of the public entity;
(xii) "Fixed scope request for proposal" means a request for an oral and written presentation of all qualifications deemed pertinent to the public work by the public entity in addition to a guaranteed maximum price for a preliminary design prepared by the design builder incorporating all elements of a fixed scope for the public work prepared by the public entity and provided in the fixed scope request for proposal. The final guaranteed maximum price and scope for the public work may be altered from the request for proposal and negotiated with the successful respondent at the discretion of the public entity;
(xiii) "Request for qualification" means a request for an oral or written presentation of all qualifications deemed pertinent to the public work by the public entity. The request for qualification shall include not less than all the provisions contained in W.S. 16-6-707(b);
(xiv) "Public work" means as described in W.S. 16-6-101(a)(ix).
(a) A public entity awarding a contract for a public work shall authorize partial payments of the amount due under the contract as stipulated in the contract document or as soon thereafter as practicable, to the contractor if the contractor is satisfactorily performing the contract.
(b) In all contracts with a public entity for a public work, the public entity may retain no more than five percent (5%) of the calculated value of any work completed as retainage. The retained payment shall be due and payable as prescribed by W.S. 16-6-116(a). The retained payment shall be held in an account in the name of the contractor which account has been assigned to the public entity. If the public entity finds that satisfactory progress is being made in all phases of the contract it may, upon written request by the contractor, authorize payment from the withheld percentage. Before the payment is made, the public entity shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any surety furnishing bonds for the contract work.
(c) Alternate design and construction delivery methods may be used by a public entity for a public work.
16-6-703. Public work; completion by public entity; partial payments.
If it becomes necessary for a public entity to take over the completion of any public work, all of the amounts owing the contractor, including any payment retained under W.S. 16-6-702(b), shall first be applied toward the cost of completion of the public work. Any balance of the retained payment remaining after completion of the public work by the public entity shall be payable to the contractor or the contractor's creditors. The retained payment which may be due any contractor shall be due and payable as prescribed by W.S. 16-6-116(a).
16-6-704. Interest bearing deposit agreement; option to enter into.
If requested by the general contractor, a public entity shall enter into an interest bearing deposit agreement with any depository designated by the general contractor, after notice to the surety, to provide an agent for the custodial care and servicing of any deposits placed with him pursuant to this act on any contract of more than fifty thousand dollars ($50,000.00). The services shall include the safekeeping of the obligations and the rendering of all services required to effectuate the purposes of this act.
16-6-705. Custodian for obligations; collection of interest income-payable to contractor.
The public entity or any depository designated by the contractor to serve as custodian for the obligations pursuant to W.S. 16-6-704 shall collect all interest and income when due on obligations so deposited and shall pay them, when and as collected, to the contractor or as otherwise instructed by the contractor. Any expense incurred for this service shall not be charged to the public entity.
This act does not apply in the case of a contract made or awarded by any public entity if a part of the contract price is to be paid with funds from the federal government or from some other source and if the federal government or the other source has requirements concerning retention or payment of funds which are applicable to the contract and which are inconsistent with this act.
16-6-707. Construction management alternate delivery method.
(a) Excluding contracts for professional services, construction management and design-build delivery negotiations by public entities and construction managers shall be in accordance with residency and preference requirements imposed under W.S. 16-6-101 through 16-6-107.
(b) Formal requests for proposal for preconstruction or construction services by a construction manager or a design-builder submitted by a public entity shall require at least the following information:
(i) The location of the primary place of business;
(ii) The name and identification of individuals to be assigned to the project;
(iii) Experience with similar projects;
(iv) Qualifications;
(v) Ability to protect the interests of the public entity during the project;
(vi) Ability to meet project budget and time schedule requirements;
(vii) Excluding contracts for professional services, compliance with W.S. 16-6-101 through 16-6-107; and
(viii) For design-build alternative construction delivery methods, the names of the prime consultants used for architectural and engineering design services.
(c) Negotiations between a public entity and a construction manager at-risk shall require that the construction manager at-risk comply with the residency and preference requirements imposed under W.S. 16-6-101 through 16-6-107 in the procurement of subcontractors and materials.
16-6-708. Responsibilities under alternative delivery contracts.
(a) Any construction manager agent, construction manager at risk or design-builder contract awarded shall comply with any reporting and administrative requirements as required by the public entity of the recipient of a design, bid and build contract, including retained payments, payment and performance bonding and default of contract.
(b) All bids received under this section including subcontractor bids, shall be opened in public following reasonable public notice.
(a) As used in this article:
(i) "Agency" means any state office, department, board, commission or institution and any community college district to which funds have been appropriated, bonded or otherwise provided by the state for the design and original construction of any new building;
(ii) "Architect" means any person licensed to practice architecture pursuant to W.S. 33-4-101 through 33-4-117 and designated as the project architect for a specific capital construction project;
(iii) "Artist" means any practitioner generally recognized by peers or critics as a professional who produces works of art;
(iv) "Building" means any permanent structure and any appurtenant structure intended to function as an office, courtroom, hearing or meeting room or other space for carrying on the operation of any agency and any auditorium, meeting room, classroom or other educational facility, library or museum space, or information center for use by the public, excluding utility lines, water projects, fish ponds, school buildings, city buildings, county buildings, public restrooms at state parks, separate structures which are not part of a larger construction project intended solely as storage, warehouse or maintenance and repair facilities;
(v) "Construction cost" means the cost for the actual design and original construction of any new building which is funded in total or in part by appropriated state funds, excluding land acquisition. The phrase does not include the cost for any building funded in part by city or county funds;
(vi) "Department" means the department of state parks and cultural resources acting through the Wyoming arts council established under W.S. 9-2-901;
(vii) "User" means that agency with principal administrative responsibility for the actual use of any building;
(viii) "Works of art" means any fresco, mosaic, sculpture, drawing, painting, photograph, calligraphy, graphic art, stained glass, wall hanging, tapestry, fountain, ornamental gateway, monument, display, architectural embellishment, craft, architectural landscape or any work of mixed media by an artist.
16-6-802. Construction of new public buildings; state funds.
(a) The original construction of any new building shall include works of art for public display, which shall be included by the agency in determining total construction costs of the building at an amount equal to one percent (1%) of total costs but not to exceed one hundred thousand dollars ($100,000.00) on any one (1) project. Any new construction project for which the total cost is less than one hundred thousand dollars ($100,000.00) is exempt from this subsection.
(b) Prior to transferring or authorizing the expenditure of any state funds for the original construction of any new building, the state auditor shall transfer to the state treasurer an amount equal to the amount specified under subsection (a) of this section for works of art. Upon receipt, the state treasurer shall deposit the amount transferred into a separate account, together with any grants, gifts or other funds received or appropriated by the state for the sole purpose of acquiring works of art for placement in buildings. Amounts deposited within the separate account shall be expended by the department for the acquisition of works of art by purchase, lease, commission or otherwise, the maintenance of works of art placed in buildings pursuant to this article and for the administration of this article.
16-6-803. Department of commerce to acquire works of art;
advisory panel to consult in acquisition; procedure; public education programs.
(a) In administering this article, the department shall in consultation with the advisory panel selected pursuant to subsection (c) of this section, designate works of art and sites for placement within buildings and shall accordingly and as necessary, select, purchase, commission, review, place, accept, sell, exchange or dispose of works of art.
(b) The acquisition of works of art from funds within the separate account established under W.S. 16-6-802(b) shall not require advertisement for bids.
(c) The department shall select a panel to serve in an advisory capacity to the department in selecting and designating works of art, comprised of representatives of the community in which the building is located, the user agency, the art community and the architect involved in the original construction of the building. Each panel member shall receive reimbursement for travel and per diem in the same amount and manner as by law provided for state employees.
(d) The department shall by rule and regulation establish the jury procedure for works of art acquired under this article, which shall at minimum:
(i) Give preference to Wyoming artists;
(ii) Prohibit consideration of any work of art of any panel member or a member of his immediate family for the project on which the panel member is serving;
(iii) Require cooperation and communication with local and national art agencies;
(iv) Provide a process for the transfer of acquired works of art from one (1) location to another.
(e) The department may, upon request of any agency, authorize the acquisition of works of art through the pooling of funds available from small, multiple new construction projects and through the use of funds within the separate account as matching any funds available from nonstate sources.
(f) In addition to other duties imposed under this article, the department shall develop and implement public education programs on the purpose of this article, the process for selecting works of art for placement in buildings, the state art collection and on the acquired works of art.
16-6-804. Acquisitions property of state art collection; maintenance; expenses.
(a) Upon acquisition of any work of art in accordance with this article, the work of art becomes the property of the state art collection and the department, through the state museum, shall:
(i) Maintain an inventory of the acquired work of art;
(ii) Maintain and preserve the work of art; and
(iii) Periodically review and examine the acquired work of art and report to the director of the department on any necessary restoration, repair, deaccession or replacement of the work of art.
(b) The expenses incurred by the department in performing duties imposed under this section shall be paid from the separate account established under W.S. 16-6-802(b), which shall not exceed ten percent (10%) of the total amount expended for any specific work of art.
Nothing in this article shall limit the acquisition or placement of works of art acquired from other nonstate sources nor shall this article limit the use of architectural, functional or structural detailing or garnishing in the construction, remodeling, renovation or restoration of any building.
16-6-1001. Capital construction projects restrictions; preference requirements; waivers.
(a) Unless otherwise prohibited by federal law, any funds appropriated to or authorized for expenditure by a public entity for capital construction projects shall be subject to the restrictions of this section which shall be construed where possible as complimentary and consistent with other statutory requirements relating to competitive bidding and contractor preferences. To the extent the restrictions in this section are inconsistent with other state statutes, this section shall supersede all such inconsistent provisions and shall govern. This section shall be applied as follows:
(i) This paragraph shall apply to any alternate design and construction delivery method as defined in W.S. 16-6-701(a)(v):
(A) All contracts shall require the construction manager at risk or design builder to conduct an open bid process in compliance with Wyoming contractor preference laws before awarding any subcontracts for work covered under the contract;
(B) Unless exempted pursuant to subparagraph (C) of this paragraph the construction manager at risk or design builder shall award to responsible Wyoming resident contractors not less than seventy percent (70%) of the work covered by the manager's or builder's contract. As used in this subparagraph "work covered" shall be calculated using the total contract price and the total of payments made to all subcontractors under the contract, including materials but excluding from both amounts the price for any part of the contract for which a waiver is provided under subparagraph (C) of this paragraph;
(C) The requirement of subparagraph (B) of this paragraph may be waived for any part of the subcontract work to be performed under the contract. If waived in part, the remaining value of the total subcontract work to be performed under the contract is subject to and shall be used to calculate compliance with the requirement of subparagraph (B) of this paragraph. A waiver shall require a written determination that:
(I) The work to be performed is specialized or of such a scale that it can be more suitably performed by out-of-state contractors;
(II) The bid amounts submitted by responsible Wyoming subcontractors exceed one hundred five percent (105%) of the costs of out-of-state providers for equivalent quality of work or services;
(III) The enforcement of the requirement would unreasonably delay completion of construction; or
(IV) There were insufficient responsible Wyoming contractors submitting bids to make the seventy percent (70%) requirement.
(V) Repealed by Laws 2012, Ch. 106, § 2.
(D) Any waiver shall be approved in writing by the following persons:
(I) For projects to be completed by the state of Wyoming, by the director of the state construction department;
(II) For projects to be completed by the University of Wyoming, by the president of the university and the chairman of the board of trustees;
(III) For projects subject to review by the state construction department under title 21 of Wyoming statutes, by the director of the state construction department and the chairman of the board of the school facilities commission;
(IV) For projects completed by a community college, by the community college president and its chairman of the board of trustees;
(V) For all other projects, by the respective governing body.
(E) Any approved waiver shall be documented in writing and provided to the governor. Notice of all approved waivers shall also be published on a website maintained by the state construction department, including a statement of the grounds for the waiver.
(ii) Unless exempted pursuant to subparagraph (D) of this paragraph, this paragraph shall apply to all construction delivery methods:
(A) The procurement of furniture and movable equipment shall be done by competitive bid based upon:
(I) Specifications written for products that are available from Wyoming resident suppliers; or
(II) If specified products are not available from any Wyoming resident supplier, specifications addressing performance standards and functional requirements determined by the public entity. The public entity may specify suggested individual brands or manufacturers, provided that similar products that meet or exceed specifications shall be accepted as substitute products. Specified products that are not available to any responsible Wyoming resident suppliers shall not be used in any group or package within the bid documents which would exclude responsible Wyoming resident suppliers from submitting a bid on the final bid package.
(B) No person who was employed by the public entity to prepare the bid documents, whether with or without compensation, shall be eligible to bid on the final bid package;
(C) A five percent (5%) preference shall be granted to responsible Wyoming resident suppliers for procurements by public entities and that are used in and incorporated into a capital construction project;
(D) The requirements of subparagraph (A) of this paragraph may be waived by a political subdivision of the state for furniture or movable equipment upon a written determination that the furniture or movable equipment requirements of the project are so specialized or that an item or type of furniture or movable equipment is so unique or uncommon that failure to waive the requirements would materially impair the functionality of the project. Waivers under this subparagraph shall be approved by the governing body of the political subdivision.
(iii) All bids shall be opened in public at a location designated by the public entity soliciting the bid. This paragraph shall apply to all construction delivery methods;
(iv) Contractor progress payments shall be made only in accordance with this paragraph. If a public entity determines that a general contractor in good standing on a project requires a progress payment due for work completed in a workmanlike manner in order to pay a materialman, subcontractor or laborer for their work performed to date, the entity may issue the progress payment upon verification that all materialmen, subcontractors and laborers have been paid for completed work through the date of the most recent previous progress payment, less any contracted amounts lawfully held for retainage. If a progress payment has been withheld by a general contractor due to a reasonable dispute between a general contractor and a materialman or subcontractor, the claimant may present a claim in the disputed amount against the general contractor's surety bond under the provisions of W.S. 16-6-117. A person submitting false information regarding a progress payment subject to this paragraph shall be subject to the provisions of W.S. 16-6-120.
(b) Repealed by Laws 2020, ch. 31, § 2.
(c) Repealed by Laws 2020, ch. 31, § 2.
(d) Repealed by Laws 2020, ch. 31, § 2.
(e) Repealed by Laws 2013, Ch. 134, § 2.
(f) As used in this section:
(i) "Capital construction project" means as defined by W.S. 9-2-3001(b)(ii);
(ii) "Public entity" means as defined in W.S. 16-6-101(a)(viii).
(a) As used in this section:
(i) "Accepting jurisdiction" means a county, city, town or other government entity that is required to recognize and accept a license issued by an issuing jurisdiction;
(ii) "Contractor" means a person employed by and contracting with an owner to improve an owner's property;
(iii) "Issuing jurisdiction" means the county, city, town or other government entity that issued a license to a contractor;
(iv) "License" means any license or certification necessary for a contractor to perform work in a jurisdiction.
(b) Each county, city, town and other government entity that issues licenses to contractors shall recognize a license issued to a contractor by another county, city, town or other government entity in Wyoming, in accordance with the following:
(i) Before the accepting jurisdiction shall recognize the license under this section:
(A) The contractor's license shall be active; and
(B) The contractor shall be in good standing with the issuing jurisdiction and shall provide to the accepting jurisdiction any proof of financial assurance required by the accepting jurisdiction.
(ii) The contractor shall provide proof of the successful completion of the international code council examination for contractor, plumbing, mechanical or another appropriate examination, or an equivalent. Contractors seeking to have a license recognized by an accepting jurisdiction for fire systems installation, testing or maintenance shall provide proof of the successful completion of the appropriate manufacturer certification, including the national institute for certification in engineering technologies, American fire sprinkler association, national fire sprinkler association or their equivalents. Upon providing appropriate proof under this paragraph, no contractor shall be required to complete any testing in the accepting jurisdiction for recognition of the license;
(iii) Any applications required for recognition of a license by an accepting jurisdiction shall only require the minimum amount of information necessary for the accepting jurisdiction to verify the license and the contractor's good standing in the issuing jurisdiction;
(iv) The accepting jurisdiction may require a contractor to provide proof sufficient for the accepting jurisdiction to confirm that the contractor's license is active and in good standing in the issuing jurisdiction;
(v) The accepting jurisdiction may deny a contractor recognition of a license if the contractor has previously had a license revoked or suspended by the accepting jurisdiction;
(vi) Nothing in this subsection shall be construed to:
(A) Require an accepting jurisdiction to grant privileges to a contractor for a license that is not of a similar type or class to the license granted by the issuing jurisdiction;
(B) Prohibit an accepting jurisdiction from requiring a contractor to complete application requirements and procedures, satisfactorily complete any testing requirements or pay fees if the contractor seeks to perform work in an accepting jurisdiction that is not covered under the license issued by the issuing jurisdiction or seeks to perform work that is not at an equivalent level of required competency in the accepting jurisdiction.
(c) Nothing in this subsection shall be construed to prohibit any county, city, town or other government entity that issues licenses to contractors from entering into agreements for the recognition of licenses obtained in other jurisdictions in Wyoming.
(a) As used in this act:
(i) "Agency" means any department, agency or instrumentality of the state or of a political subdivision of the state, any department, agency or instrumentality of two (2) or more political subdivisions of the state which has the authority to acquire property by eminent domain under state law;
(ii) "Business" means any lawful activity, excepting a farm operation, conducted:
(A) Primarily for the purchase, sale, lease and rental of personal and real property, and for the manufacture, processing or marketing of products, commodities or any other personal property;
(B) For the sale of services to the public;
(C) By a nonprofit organization; or
(D) Solely for the purposes of W.S. 16-7-103, for assisting in the purchase, sale, resale, manufacture, processing or marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display, whether or not the display is located on the premises on which any of the above activities are conducted.
(iii) "Comparable replacement dwelling" means any dwelling that is:
(A) Decent, safe and sanitary;
(B) Adequate in size to accommodate the occupants;
(C) Within the financial means of the displaced person;
(D) Functionally equivalent to the displaced person's prior dwelling;
(E) Located in an area not subject to unreasonably adverse environmental conditions; and
(F) In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, facilities, services and the displaced person's place of employment.
(iv) "Displaced person" means except as provided in W.S. 16-7-103(a) and (b) and 16-7-106:
(A) Any person who moves from real property, or moves his personal property from real property:
(I) As a direct result of a written notice of intent to acquire or the actual acquisition of all or part of the real property; or
(II) Upon which the person is a residential tenant, conducts a small business, a farm operation or a business defined in W.S. 16-7-102(a)(ii)(D), as a direct result of rehabilitation, demolition or other displacing activity as the agency may prescribe under a program or project undertaken by a displacing agency in which the displacing agency determines that the displacement is permanent.
(B) Solely for the purposes of W.S. 16-7-103(a) and (b), and 16-7-106, any person who moves from real property or moves his personal property from real property:
(I) As a direct result of a written notice of intent to acquire or the actual acquisition of other real property in whole or in part for a program or project undertaken by a displacing agency; or
(II) As a direct result of rehabilitation, demolition or other displacing activity as the agency may prescribe under a program or project undertaken by a displacing agency where the displacing agency determines that the displacement is permanent.
(C) "Displaced person" does not include:
(I) A person who has been determined according to criteria established by the agency to be either unlawfully occupying the displacement dwelling or to have occupied the dwelling for the purpose of obtaining assistance under this act; and
(II) Any person, other than a person who was an occupant of the property at the time it was acquired, who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.
(v) "Displacing agency" means an agency carrying out a program or project with federal or state financial assistance which causes a person to be a displaced person;
(vi) "Farm operation" means any activity conducted solely or primarily for the production of one (1) or more agricultural products or commodities, including timber, produced in sufficient quantity to be capable of contributing materially to the operator's support as determined by the agency;
(vii) "Federal financial assistance" means a grant, loan, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual or contribution provided by the United States, except any federal guarantee or insurance;
(viii) "Mortgage" means classes of liens commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the state in which the real property is located together with any credit instruments;
(ix) "Nonprofit organization" means any organization, business or corporation organized under any law of this state or under the law of any other jurisdiction, for a purpose other than the conduct of business for profit, and includes corporations organized for charitable, educational, religious or social and fraternal purposes;
(x) "This act" means W.S. 16-7-101 through 16-7-121.
16-7-103. Relocation payments to displaced persons.
(a) Whenever a program or project to be undertaken by a displacing agency will result in the displacement of any person, the displacing agency shall provide for the payment to the displaced person of:
(i) Actual reasonable expenses in moving himself, his family, business, farm operation or other personal property;
(ii) Actual direct losses of tangible personal property as a result of moving or discontinuing a business or farm operation, but not to exceed an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the agency;
(iii) Actual reasonable expenses in searching for a replacement business or farm; and
(iv) Actual reasonable expenses necessary to reestablish a displaced farm, nonprofit organization or small business at its new site, in accordance with criteria to be established by the agency.
(b) Any displaced person eligible for payments under subsection (a) of this section who is displaced from a dwelling and who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) of this section may receive an expense and dislocation allowance, determined according to a schedule established by the agency.
(c) Any displaced person eligible under criteria established by the agency for payments under subsection (a) of this section who is displaced from his place of business or from his farm operation may elect to accept a fixed payment authorized by this subsection in lieu of the payment authorized by subsection (a) of this section. The fixed payment shall be determined by the agency and shall not be less than one thousand dollars ($1,000.00) nor more than twenty thousand dollars ($20,000.00). A person whose sole business at the displacement dwelling is the rental of the property to others shall not qualify for a payment under this subsection.
(i) Repealed by Laws 1989, ch. 241, § 2.
(ii) Repealed by Laws 1989, ch. 241, § 2.
16-7-104. Replacement housing payments; home owners.
(a) In addition to payments otherwise authorized by this act, the displacing agency shall make a payment not in excess of twenty-two thousand five hundred dollars ($22,500.00) to any displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than one hundred eighty (180) days prior to the initiation of negotiations for the acquisition of the property. The additional payment shall include:
(i) The amount, if any, which when added to the acquisition cost of the dwelling acquired by the displacing agency, equals the reasonable cost of a comparable replacement dwelling;
(ii) The amount, if any, which will compensate the displaced person for any increased interest costs and other debt service costs which the person is required to pay for financing the acquisition of a comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than one hundred eighty (180) days immediately prior to the initiation of negotiations for the acquisition of the dwelling; and
(iii) Reasonable expenses incurred by the displaced person for evidence of title, recording fees and other closing costs incident to the purchase of the replacement dwelling, but not including prepaid expenses.
(b) The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a replacement dwelling which is decent, safe and sanitary within one (1) year after the date on which he receives final payment from the displacing agent for the acquired dwelling or the date on which the obligation of the displacing agency under W.S. 16-7-107 is met, whichever is later, except that the displacing agency may extend the period for good cause. If the period is extended, the payment under this section shall be based on the costs of relocating the person to a comparable replacement dwelling within one (1) year of such date.
(a) In addition to amounts otherwise authorized by this act, a displacing agency shall make a payment to or for any displaced person displaced from any dwelling and not eligible to receive a payment under W.S. 16-7-104, providing the displaced person actually and lawfully occupied the dwelling for not less than ninety (90) days immediately prior to:
(i) The initiation of negotiations for acquisition of the dwelling; or
(ii) An event as prescribed by the agency in any case in which displacement is not a direct result of acquisition.
(b) The payment under subsection (a) of this section shall consist of the amount necessary to enable the displaced person to lease or rent, for a period not to exceed forty-two (42) months a comparable replacement dwelling not to exceed five thousand two hundred fifty dollars ($5,250.00). At the discretion of the displacing agency, a payment under this subsection may be made in periodic installments. Computation of a payment under this subsection to a low-income displaced person for a comparable replacement dwelling shall take into account the person's income.
(c) Any person eligible for a payment under subsections
(a) and (b) of this section may elect to apply the payment to a down payment including incidental expenses on the purchase of a decent, safe and sanitary replacement dwelling. That person may at the discretion of the displacing agency be eligible under this subsection for the maximum payment allowed under subsection
(b) of this section, except that in the case of a displaced home owner who has owned and occupied the displacement dwelling for at least ninety (90) days but not more than one hundred eighty (180) days immediately prior to the initiation of negotiations for the acquisition of the dwelling, the payment shall not exceed the payment the person would otherwise have received under W.S. 16-7-104(a) of this act had the person owned and occupied the displacement dwelling one hundred eighty (180) days immediately prior to the initiation of the negotiations.
(a) Programs or projects undertaken by a displacing agency shall be planned in a manner that:
(i) Recognizes at an early stage in the planning of the programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses and farm operations; and
(ii) Provides for the resolution of the problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion.
(b) Displacing agencies shall ensure that the relocation assistance advisory services described in subsection (c) of this section are made available to all persons displaced by the agency. If the agency determines that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury due to the activity, the agency may make available the advisory services.
(c) Each relocation assistance advisory program required by subsection (b) of this section shall include measures, facilities or services as may be necessary or appropriate in order to:
(i) Determine and make timely recommendations on the needs and preferences of displaced persons for relocation assistance;
(ii) Assist a person displaced from a business or farm operation in obtaining and becoming established in a suitable replacement location;
(iii) Supply:
(A) Information concerning programs of the federal, state and local governments offering assistance to displaced persons; and
(B) Technical assistance to persons applying for assistance under the programs.
(iv) Provide other advisory services to displaced persons in order to minimize hardships to displaced persons in adjusting to relocation;
(v) The displacing agency shall coordinate relocation activities performed by the agency with other federal, state or local governmental actions in the community which could affect the efficient and effective delivery of relocation assistance and related services; and
(vi) Provide current and continuing information on the availability, sales prices and rental charges of comparable replacement dwellings for displaced home owners and tenants and suitable locations for businesses and farm operations.
(d) Notwithstanding W.S. 16-7-102(a)(iv)(C) in any case in which a displacing agency acquires property for a program or project, any person who occupies the property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project is eligible for advisory services to the extent determined by the displacing agency.
16-7-107. Assurance of replacement housing; waiver.
(a) If a program or project undertaken by a displacing agency cannot proceed on a timely basis because comparable replacement dwellings are not available and the displacing agency determines that the dwellings cannot otherwise be made available, the displacing agency may take action as necessary or appropriate to provide dwellings by use of funds authorized for the project. The displacing agency may use this section to exceed the maximum amounts which may be paid under W.S. 16-7-104 and 16-7-105 on a case-by-case basis for good cause as determined in accordance with rules and regulations promulgated by the agency. Regulations issued pursuant to W.S. 16-7-108 may prescribe situations when these assurances may be waived.
(b) No person shall be required to move from a dwelling due to any program or project undertaken by a displacing agency unless the displacing agency is satisfied that comparable replacement housing is available to the person.
(c) The displacing agency shall assure that a person shall not be required to move from a dwelling unless the person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of:
(i) A major disaster as defined in the Disaster Relief Act of 1974, 42 U.S.C. § 5122;
(ii) Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person.
16-7-108. Assurance of replacement housing; prescription of rules, regulations and procedures by governor.
(a) The governor shall adopt rules and regulations as may be necessary under federal laws and the rules and regulations promulgated thereunder to assure that:
(i) The payments and assistance authorized by this act shall be administered in a manner which is fair and reasonable, and as uniform as practicable;
(ii) A displaced person who makes proper application for a payment authorized by this act shall be paid promptly after a move or, in hardship cases, be paid in advance; and
(iii) Any person aggrieved by a determination as to eligibility for a payment authorized by this act, or the amount of a payment, may have his application reviewed in accordance with the Wyoming Administrative Procedure Act.
(b) The governor may prescribe other regulations and procedures, consistent with the provisions of this act.
16-7-109. Assurance of replacement housing; administration of relocation programs.
In order to prevent unnecessary expense and duplication of functions, and to promote uniform and effective administration of relocation assistance programs for displaced persons, with the approval of the governor the agency may enter into contracts with any person for services in connection with those programs, or may carry out its functions under this act through any federal agency or any department or instrumentality of the state or its political subdivisions having an established organization for conducting relocation assistance programs.
(a) Funds appropriated or otherwise available to any state agency or unit of local government for the acquisition of real property or any interest therein for a particular program or project shall also be available to carry out the provisions of this act as applied to that program or project.
(b) No payment or assistance under this act shall be required to be made to any person or included as a program or project cost under this section, if the person receives a payment required by federal, state or local law which is determined by the agency to have substantially the same purpose and effect as the payment under this act.
16-7-111. Available funds; state financial assistance for local relocation payments and services.
If an agency of any political subdivision of the state acquires real property, and state financial assistance is available to pay all or part of the cost of the acquisition of that real property, or of the improvement for which the property is acquired, the cost to the agency of providing the payments and services prescribed by this act shall be included as part of the costs of the project for which state financial assistance is available and the agency is eligible for state financial assistance for relocation payments and services in the same manner and to the same extent as other project costs.
16-7-113. Displacement payments not considered as income for public assistance purposes.
No payment received by a displaced person under this act is considered as income or as a resource for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of the state's personal income tax law, corporation tax law or other tax laws. These payments are not considered as income or resources of any recipient of public assistance, and the payments shall not be deducted from the amount of aid to which the recipient would otherwise be entitled.
Any person or business concern aggrieved by a final administrative determination pursuant to the Wyoming Administrative Procedure Act concerning eligibility for relocation payments authorized by this act may appeal that determination to the district court in the area in which the land taken for public use is located or in which the building code enforcement activity occurs or the voluntary rehabilitation program is conducted.