§ 16-6-101 — Definitions

(a) As used in this act:
(i) "Resident" means a natural person, association or
business entity authorized to be formed under title 17 of the
Wyoming statutes, or the laws of another state that are the
functional equivalent, and that is certified as a resident by
the department of workforce services following receipt of an
affidavit executed and sworn to by a chief executive officer of
the entity setting forth information required by the department
to determine compliance with this act and prior to bidding upon
the contract or responding to a request for proposal, subject to
the following criteria:
(A) Any natural person who 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;
(B) A business entity, each member or equity
owner of which 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;
(C) A business entity organized under the laws
of the state:
(I) With at least fifty percent (50%) of
the equity in the business entity 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;
(II) Which has maintained its principal
office and place of business within the state for at least one
(1) year; and
(III) The chief executive officer of the
business entity has been a resident of the state for one (1)
year or more immediately prior to the business entity's bidding
upon the contract or responding to a request for proposal.
(D) A business entity organized under the laws
of the state which has been in existence in the state for one
(1) year or more and whose chief executive officer 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 and maintains its principal office and place of
business within the state. If at least fifty percent (50%) of
the equity in the business entity is owned by nonresidents, the
nonresident equity owned by the nonresidents shall:
(I) Have been acquired by nonresidents one
(1) year or more immediately prior to bidding upon the contract
or responding to a request for proposal; or
(II) If it consists of shares in a
corporation, be publicly traded and registered under Section 13
or 15(d) of the Securities Exchange Act of 1934 for one (1) or
more classes of its shares.
(E) Repealed by Laws 2013, Ch. 134, § 2.
(F) Repealed by Laws 2013, Ch. 134, § 2.
(G) Repealed by Laws 2013, Ch. 134, § 2.
(H) Repealed By Laws 2011, Ch. 82, § 2.
(J) A business entity 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 place 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 compensation and
unemployment taxes in Wyoming for at least one (1) year and is
in good standing with the department of workforce services at
the time the bid or request 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;
(M) No preference under this article shall be
awarded to any contractor who is not a certified resident
contractor at the time bids are submitted for a public capital
construction project, and no contractor shall receive a
contingent or retroactive resident certification.
(ii) "Principal office and place of business" means a
headquarters or administrative center where:
(A) The high level officers or management
direct, control and coordinate the business activities; and
(B) The key business functions are conducted,
including, but not limited to project bidding.
(iii) "Chief executive officer" means:
(A) For a corporation, the president of the
corporation;
(B) For a partnership other than a limited
partnership, a partner;
(C) For a limited partnership, a general
partner;
(D) For a limited liability company, a
designated member or manager of the limited liability company;
(E) For a business entity not specified in
subdivisions (A) through (D) of this paragraph, the entity's
president, chairman of the executive committee, senior officer
responsible for the entity's business, chief financial officer
or any other individual who performs similar functions as
specified by rule of the department. The department may
authorize by rule the execution of an affidavit required by
paragraph (i) of this subsection by an individual holding a
position other than as specified in this paragraph, if the
individual holds a position with functions similar to a
president of a corporation.
(iv) "Department" means the department of workforce
services;
(v) "Major maintenance" means as defined by W.S. 9-2-
3001(b)(ix);
(vi) "Laborer" means as defined in W.S. 16-6-
202(a)(i);
(vii) "Materialman" means as defined in W.S. 29-1-
201(a)(ix);
(viii) "Public entity" means the state of Wyoming,
any state office, board, council, commission, separate operating
agency, department, institution or other instrumentality or
operating unit of the state, including the University of
Wyoming, any political subdivision of the state, any county,
city, town, school district, community college district or any
public corporation of the state;
(ix) "Public work" includes alteration, construction,
demolition, enlargement, improvement, major maintenance,
reconstruction, renovation and repair of any highway, public
building, public facility, public monument, public structure or
public system;
(x) "State procurement website" means a website that
the state construction department designates to host information
and notices related to procurement for public works;
(xi) "Substantial completion" or "substantially
complete" means the public entity has determined that the
construction of the public work or designated portion thereof is
sufficiently complete in accordance with the contract and
associated documents so that the work may be occupied or
utilized for its intended purposes;
(xii) "This act" means W.S. 16-6-101 through 16-6-
121.