§ 16-6-203 — Required resident labor on public works; exception

(a) Except as otherwise provided in this act, every person
who is responsible for a public work shall employ only Wyoming
laborers on the public work. Every contract for a public work
let by any person shall contain a provision requiring that
Wyoming laborers be used except nonresident laborers may be used
when Wyoming laborers are not available for the employment from
within the state or are not qualified to perform the work
involved. The contract shall contain a provision requiring
specific acknowledgement of the requirements of this section. A
person required to employ Wyoming laborers may employ
nonresident laborers if:
(i) That person submits written notice to the nearest
state workforce center of his need for laborers. The notice may
include the person's need for laborers on multiple public works
that the person is responsible for during a nine (9) month
period. The notice shall specify if the need for laborers
constitutes an emergency that endangers the health, welfare or
safety of the public as determined by the public entity
associated with the public work. If the person's need for
laborers substantially changes during the period, the person may
amend the written notice submitted under this paragraph;
(ii) The state workforce center certifies that the
person's need for laborers cannot be filled from those Wyoming
laborers listed with the Wyoming department of workforce
services or that an emergency exists that endangers the health,
welfare or safety of the public as determined by the public
entity associated with the public work for which Wyoming
laborers are not readily available. The certification shall
specify the number of nonresident laborers the person may employ
on the public works the person is responsible for during the
nine (9) month period following certification. Except as
provided in this paragraph, the state workforce center shall
respond to a person's request for certification or certification
amendment within ten (10) days of the date the written notice is
received. The state workforce center shall respond to a
person's emergency request for certification as soon as
practicable but not to exceed three (3) days after the date the
emergency request is received; and
(iii) Upon hiring, the person shall submit to the
state workforce center the number of nonresident laborers
employed by the person pursuant to the certification issued
under paragraph (ii) of this subsection and the public work or
works for which each nonresident laborer is employed during the
period of certification. The number of nonresident laborers
employed during the period of certification shall not exceed the
number specified by the certification or certification
amendment.
(b) Upon request by a state workforce center, the general
contractor shall provide the most recent construction schedule
for a public work.