Bill No.: SF0107                  Drafter:  DKG

 

LSO No.:  12LSO-0191              Effective Date: March 21, 2012

 

Enrolled Act No.:  SEA0064

 

Chapter No.:       CH0106

 

Prime Sponsor:     Joint Appropriations Interim Committee

 

Catch Title:       Public works contracts.

 

Subject:           Provisions relating to preference laws and other laws relating to public works contracts.

 

Summary/Major Elements:

·         The bill makes numerous amendments to laws affecting contractor and resident laborer preference laws.

 

·         Last session legislation was enacted to temporarily (through July 1, 2012) amend resident contractor preference laws. This bill amends and extends that legislation to June 30, 2014.

 

·         The amendments include:

o   Clarifying that for contracts awarded under the preference provisions, the limitation of subcontracted work to nonresidents means 30% of work covered by the contractor's contract (including the value of materials, but excluding the value of work for which the resident preference restrictions were waived.)

o   Modifying the exclusion for "fixtures and equipment" from the preference provisions to include only "movable equipment".

o   Modifying the restriction on progress payments to incorporate an executive order modifying a lien waiver provision found to be too restrictive by the governor.

o   Limiting reviews required by governmental entities to ensure compliance with the preference provisions to require only 1 review.

o   Not extending a provision allowing for executive orders under the law.

·         The bill also modifies requirements relating to laborer preference laws, including:

o   Modifies provisions for verifying with the department of workforce services that resident laborers are not available for the contractor's needs.

o   Modifies penalty and other provisions to enforce and verify the laborer preference requirements.

 

Comment – the legislation contains a delayed repeal date of June 30, 2014.