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

 

SF0145SS001/ADOPTED

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

 

SF0145SW001/ADOPTED

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

 


SF0145S3001/FAILED

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

 

SF0145S3002/FAILED

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.