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.