S.F. No. 0145 |
Public works contracts-resident preferences. |
Sponsored By: Senator(s) Johnson, Cooper, Hastert and Job and Representative(s) Martin, Olsen and Throne
AN ACT relating to public works contracts; modifying requirements for establishment of residency for vendor preferences; modifying definitions; modifying limitations on subcontracting; modifying preferences; and providing for an effective date.
1/17/2007 Bill Number Assigned
1/18/2007 S Received for Introduction
1/18/2007 S Introduced and Referred to S02
2/1/2007 S02 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Job, Meier, Nicholas and Townsend
Nays: Senator(s) Peterson
Ayes 4 Nays 1 Excused 0 Absent 0 Conflicts 0
2/1/2007 S Placed on General File
Page 1-line 4 After "subcontracting;" insert "modifying preferences;".
Page 1-line 8 After "(B)," insert "(F), (G) and by creating a new subparagraph (H),".
Page 1-line 9 After "16‑6‑103" delete "and" insert ", 16‑6‑105(a),"; before "are" insert "and 16‑6‑107".
Page 2-line 1 Before "person," insert "natural".
Page 2-line 9 Before "person" insert "natural".
Page 2-line 14 Reinsert
stricken "association,".
Page 2-line 17 After "corporation" delete balance of line and insert "each member or shareholder of which has been a resident of".
Page 2-line 18 Delete all new language.
Page 2-after line 20 Insert:
"(F) A registered limited liability partnership organized
under the laws of the state and which maintains its principal office and place
of business in the state and each member 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; or
(G) A limited liability company organized under the laws
of the state and which maintains its principal office and place of business in
the state and the managing members or the appointed managers of which have been
residents of the state for one (1) year or more immediately prior to bidding
upon the contract or responding to a request for proposal;. or
(H) A natural person, partnership, limited partnership, registered limited partnership, registered limited liability company or corporation which has satisfied the following requirements for the period one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal:
(I) Has continuously maintained an office or place of business within the state; and
(II) Has continuously employed not less than fifteen (15) full-time employees within the state.".
Page 3-line 21 Delete "fifty percent (50%)" insert "thirty percent (30%)".
Page 3-after line 22 Insert:
"16‑6‑105. Preference for Wyoming materials and Wyoming agricultural products required in public purchases; exception; cost differential; definition.
(a) Every board, commission or other governing body of any
state institution, and every person acting as purchasing agent for the board,
commission or other governing body of any state institution or department, and
every county, municipality, school district and community college district,
shall prefer in all purchases for supplies, material, agricultural products,
equipment, machinery and provisions to be used in the maintenance and upkeep of
their respective institutions, supplies, materials, agricultural products,
equipment, machinery and provisions produced, manufactured or grown in this
state, and supplies, materials, agricultural products, equipment, machinery and
provisions supplied by a resident of the state, competent and capable to provide
service for the supplies, materials, agricultural products, equipment,
machinery and provisions within the state of Wyoming. Preference shall not be
granted for articles of inferior quality to those offered by competitors
outside of the state, but a differential of not to exceed five percent (5%) may
be allowed in cost on of contracts less than five million dollars ($5,000,000.00)
for the Wyoming materials, supplies, agricultural products,
equipment, machinery and provisions of quality equal to those of any other
state or country.".
Page 4-line 6 Reinsert
stricken "construction,".
Page 4-after line 13 Insert:
"16‑6‑107. Wyoming materials preference required in construction or maintenance of public structures; exception; cost differential.
All public buildings, courthouses, public school buildings, public monuments and other public structures constructed in this state shall be constructed and maintained by materials produced or manufactured in Wyoming if Wyoming materials are suitable and can be furnished in marketable quantities. Preference shall not be granted for materials of an inferior quality to those offered by competitors outside of the state, but a differential of not to exceed five percent (5%) may be allowed in cost of contracts less than five million dollars ($5,000,000.00) for the Wyoming materials of equal quality as against materials from states having or enforcing a preference rule against "out‑of‑state" products.".
Page 4-line 15 After "W.S." delete balance of line.
Page 4-line 16 Delete "are" insert "is". NICHOLAS, CHAIRMAN
Page 3-lines 8 through 15 Delete.
Page 4-line 16 Delete "16-6-102(d)(i)" insert "16-6-102(d)(intro), (i) and (A)". JOHNSON
2/5/2007 S Passed CoW
2/6/2007 S Passed 2nd Reading
Page 3-after line 22 In the Senate Standing Committee Amendment (SF0145SS001/A) to this line, in W.S. 16-6-105(a) delete "five million dollars ($5,000,000.00)" insert "fifteen million dollars ($15,000,000.00)".
Page 4-after line 13 In the Senate Standing Committee Amendment (SF0145SS001/A) to this line, in W.S. 16-6-107 delete "five million dollars ($5,000,000.00)" insert "fifteen million dollars ($15,000,000.00)". PERKINS, ANDERSON
Delete the Perkins et al. Third Reading Amendment (SF0145S3001/A) entirely and further amend as follows:
Page 3-after line 22 In the Senate Standing Committee Amendment (SF0145SS001/A) to this line, in W.S. 16-6-105(a) delete "five million dollars ($5,000,000.00)" insert "ten million dollars ($10,000,000.00)".
Page 4-after line 13 In the Senate Standing Committee Amendment (SF0145SS001/A) to this line, in W.S. 16-6-107 delete "five million dollars ($5,000,000.00)" insert "ten million dollars ($10,000,000.00)". BARRASSO
2/7/2007 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Burns, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Job, Johnson, Massie, Meier, Mockler, Nicholas, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Nays: Senator(s) Barrasso, Case, Coe, Jennings, Larson, Perkins and Peterson
Excused: Senator(s) Peck
Ayes 22 Nays 7 Excused 1 Absent 0 Conflicts 0
2/9/2007 H Received for Introduction
2/9/2007 H Introduced and Referred to H07
2/22/2007 H07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Brown, Gilmore, Martin, Miller, Quarberg and Zwonitzer, Dn.
Nays: Representative(s) Gentile and Illoway
Excused: Representative(s) Walsh
Ayes 6 Nays 2 Excused 1 Absent 0 Conflicts 0
2/22/2007 H Placed on General File
SF0145HS001/ADOPTED (TO ENGROSSED COPY)
Page 2-line 2 Delete "natural".
Page 2-line 10 Delete "natural".
Page 3-line 15 Delete "natural". ILLOWAY, CHAIRMAN
2/23/2007 H Passed CoW
SF0145H2001/FAILED (TO ENGROSSED COPY)
Page 1-line 10 After "(iii)," insert "16-6-102(a),".
Page 4-After line 13 Insert:
"16-6-102. Resident contractors; preference limitation with reference to lowest bid or qualified response; decertification; denial of application for residency.
(a)
If a contract is let by the state, any department thereof, or any county, city,
town, school district, community college district or other public corporation
of the state for the erection, construction, alteration or repair of any public
building, or other public structure, or for making any addition thereto, or for
any public work or improvements, the contract shall be let, if advertisement
for bids or request for proposal is not required, to a resident of the state.
Unless an alternate design and construction delivery method is used, if advertisement
for bids or request for proposal is required the contract shall be let to the
responsible certified resident making the lowest bid if the certified
resident's bid is not more than five percent (5%) two and one-half percent (2.5%) higher than that
of the lowest responsible nonresident bidder.". ILLOWAY
2/26/2007 H Passed 2nd Reading
2/27/2007 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Anderson, R., Bagby, Berger, Blake, Childers, Craft, Diercks, Dockstader, Edwards, Esquibel, F., Esquibel, K., Gilmore, Gingery, Goggles, Hallinan, Hammons, Iekel, Illoway, Jaggi, Jorgensen, Landon, Madden, Martin, McOmie, Meyer, Millin, Olsen, Petersen, Quarberg, Samuelson, Shepperson, Slater, Thompson, Throne, Wallis, White, Zwonitzer, Dn. and Zwonitzer, Dv.
Nays: Representative(s) Alden, Brechtel, Brown, Buchanan, Cohee, Davison, Edmonds, Gentile, Harshman, Harvey, Jones, Lockhart, Lubnau, Mercer, Miller, Philp, Semlek, Simpson, Steward, Teeters, Walsh and Warren
Ayes 38 Nays 22 Excused 0 Absent 0 Conflicts 0
2/27/2007 S Did Concur
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso, Burns, Case, Cooper, Decaria, Fecht, Geis, Hastert, Hines, Jennings, Job, Johnson, Massie, Meier, Mockler, Nicholas, Perkins, Ross, Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern
Nays: Senator(s) Coe and Peterson
Excused: Senator(s) Larson and Peck
Ayes 26 Nays 2 Excused 2 Absent 0 Conflicts 0
2/27/2007 Assigned Number SEA No. 0090
2/28/2007 S President Signed SEA No. 0090
2/28/2007 H Speaker Signed SEA No. 0090
3/1/2007 Governor Signed SEA No. 0090
3/1/2007 Assigned Chapter Number
Chapter No. 0163 Session Laws of Wyoming 2007.