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.
· 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.