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Wyoming2010Enacted

HB0089

Resident Contractor Preferences for Public Construction

Last scannedOct 18, 2026, 2:19 AM

In one sentence

This law clarifies that Wyoming resident contractor preferences apply to alternate construction methods and requires that bids for these projects be opened in public.

What it does

  • Applies resident contractor preference rules to alternate delivery methods such as construction manager agent, design-build, and construction manager at risk.
  • Requires that all bids for contracts using alternate delivery methods, including subcontractor bids, be opened in public following reasonable public notice.
  • Mandates that alternate delivery contracts comply with the same reporting and administrative requirements as standard design-bid-build contracts, including retainage, payment and performance bonding, and default of contract.

Who it affects

  • Public entities such as the state, counties, cities, towns, school districts, and community college districts.
  • Contractors bidding on public construction projects in Wyoming, including resident and nonresident bidders.
  • Construction managers, design-builders, and subcontractors involved in alternate delivery projects.

Limits and unknowns

  • The law only applies to contracts initially offered or advertised for bids or requests for proposal on or after the effective date.
  • The text does not specify the exact percentage or dollar amount of retainage required, only that it must follow existing public entity requirements.

Plain language

Terms to know

Resident contractor preference
A rule that gives priority to contractors who live in Wyoming when bidding on public works, provided their bid is not more than 5% higher than the lowest responsible nonresident bidder.
Alternate delivery methods
Construction project approaches such as construction manager agent, design-build, or construction manager at risk, which differ from the traditional design-bid-build process.
Retainage
A portion of the contract payment held back by the public entity, which is one of the administrative requirements that alternate delivery contracts must follow.

Official record

Sources

Source checked
Read the official summary

Bill No.: <billno> Drafter: <drafterinit> Bill No.: HB0089 Drafter: JWL LSO No.: 10LSO-0285 Effective Date: Immediately Enrolled Act No.: HEA0060 Chapter No.: Prime Sponsor: Representative Gilmore Catch Title: Resident contractor preferences. Subject: Amendments to resident contractor preference statute Summary/Major Elements: Current law requires a preference for Wyoming resident contractors in the construction of public works. This act provides for application of the resident contractor preference to alternate construction project delivery methods, such as construction manager agent, design-build and construction manager at risk. The act also provides that all bids for contracts using alternate construction project delivery methods shall be opened in public.

Public statements

Why lawmakers voted

Last checked Aug 8, 6:25 AM

Voted Yes

Why they voted this way

The speaker urges a vote to concur with Senate amendments because minor changes were made and the prime sponsor reviewed and was familiar with the wording.

Public statementFloor statement at 39:07 Watch the statement
Voted Yes

Why they voted this way

The speaker supports the bill to promote Wyoming's brand by ensuring that buildings constructed in the state display Wyoming license plates.

Public statementFloor statement at 39:46 Watch the statement
Voted Yes

Why they voted this way

The lawmaker supports the amendment because it clarifies that the bill does not apply to professional services by removing language about requests for proposal, which are specific to those services.

Public statementFloor statement at 2:37:52 Watch the statement
Voted No

Why they voted this way

The lawmaker opposes the amendment because immediate effectiveness is unnecessary and gives industry time to absorb changes rather than hammering out-of-state contractors all at once.

Public statementFloor statement at 2:41:24 Watch the statement
Voted Yes

Why they voted this way

The lawmaker supports the amendment because it prevents disrupting ongoing projects while ensuring future bids require sealed envelopes, thereby helping in-state contractors secure work before July 1.

Public statementFloor statement at 2:43:05 Watch the statement
Voted Yes

Why they voted this way

The lawmaker supports making the bill effective immediately because contractors are aware of legislative changes and can handle them without significant confusion or disruption to current bids.

Public statementFloor statement at 2:46:19 Watch the statement
Voted No

Why they voted this way

The lawmaker expresses concern that removing the term 'request for proposal' creates an unintended consequence by eliminating the resident preference from RFP projects.

Public statementFloor statement at 2:48:06 Watch the statement
Voted Yes

Why they voted this way

The lawmaker supports the bill because it corrects a mistake where negotiating with subs cut out state resident contractors, thereby improving chances for local bidders.

Public statementFloor statement at 2:50:16 Watch the statement
Voted Yes

Why they voted this way

The lawmaker supports the bill because professional services like engineering and architecture are currently going out of state unnecessarily, despite having qualified local providers. He argues that keeping these contracts in-state helps retain employment and prevents dollars from leaving Wyoming.

Public statementFloor statement at 20:51 Watch the statement
Voted Yes

Why they voted this way

The lawmaker supports the bill by characterizing an amendment to it as friendly and explicitly asking members to vote for both the amendment and the bill.

Public statementFloor statement at 22:56 Watch the statement
Voted Yes

Why they voted this way

The lawmaker explains the bill restores a preference for subcontractors who felt taken advantage of by out-of-state workers after submitting legitimate bids.

Public statementFloor statement at 1:32:52 Watch the statement

If a lawmaker is not listed, we couldn't find a published reason.

Wyoming roll calls

Recorded votes

6 roll calls

H Did Concur 58-0-2-0-02010-03-04 · House58 yes 0 no
S Passed 3rd Reading 22-8-0-0-02010-03-03 · Senate22 yes 8 no
S08 Recommended Amend and Do Pass 5-0-0-0-02010-02-26 · Senate5 yes 0 no
H Passed 3rd Reading 52-3-3-0-22010-02-22 · House52 yes 3 no
H09 Recommended Amend and Do Pass 7-2-0-0-02010-02-18 · House7 yes 2 no
H Introduced and Referred to H09 52-5-3-0-02010-02-11 · House52 yes 5 no

Official activity

Bill history

  1. Assigned Chapter Number - 111LSO
  2. Governor Signed HEA0060Governor
  3. S President Signed HEA No. 0060Senate
  4. H Speaker Signed HEA No. 0060House
  5. Assigned Number HEA0060LSO
  6. H Did ConcurHouse
  7. H Received for ConcurrenceHouse
  8. S Passed 3rd ReadingSenate
  9. Amendment AdoptedSenate
  10. Amendment AdoptedSenate
  11. S Passed 2nd ReadingSenate
  12. Amendment FailedSenate
  13. S Passed CoWSenate
  14. Amendment AdoptedSenate
  15. S Amendments AdoptedSenate
  16. S Placed on General FileSenate
  17. S08 Recommended Amend and Do PassSenate
  18. S Rereferred to S08Senate
  19. S Placed on General FileSenate
  20. S Introduced and Referred to S09Senate

Changes

Amendments

6 stored

HB0089H3001

Adopted 3rd reading by HARSHMAN

HB0089HS001

Adopted Standing Committee by H09

HB0089S2001

Failed 2nd reading by HASTERT

HB0089S3001

Adopted 3rd reading by VON FLATER

HB0089S3002

Adopted 3rd reading by HASTERT

HB0089SS001

Adopted Standing Committee by VON FLATER