Public works contracts-resident preferences-2.

WORKING DRAFT
2006
STATE OF
WYOMING
06LSO-0088.E1

HOUSE BILL
NO.
HB0063

Public works contracts-resident preferences-2.

Sponsored by:
Joint Corporations, Elections and Political Subdivisions Interim Committee

A BILL

for

AN ACT relating to public works contracts; modifying requirements for establishment of residency for vendor preferences; modifying definitions; modifying limitations on subcontracting; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 16
‑
6
‑
101(a)(i)(intro), (A), (B), (ii) and (iii), 16
‑
6
‑
102(d)(intro), 16
‑
6
‑
103 and 16
‑
6
‑
106 are amended to read:

16
‑
6
‑
101.

Definitions.

(a)

As used in this act:

(i)

"Resident" means a person, partnership, limited partnership, registered limited partnership, registered limited liability company or corporation certified as a resident by the department of employment prior to bidding upon the contract, subject to the following criteria
:
and subject to W.S. 16
‑
6
‑
102(d):

(A)

Any person who has been a resident of the state for one (1) year or more immediately prior to bidding upon the contract;
or

(B)

A partnership
,

or association, each member of which has been a resident of
limited partnership, registered limited partnership, registered limited liability company or corporation which has maintained an office and place of business within
the state for one (1) year or more immediately prior to bidding upon the contract
.
;

(ii)

"Principal office" and "principal place of business" shall have the meaning as the department of employment determines, consistent with the purpose of this act, by rule and regulation
"Office and place of business" means a headquarters or administrative center where business activities are conducted or controlled
;

(iii)

"This act" means W.S. 16
‑
6
‑
101 through
16
‑
6
‑
119
16
‑
6
‑
121
.

16
‑
6
‑
102.

Resident contractors; preference limitation with reference to lowest bid; decertification; denial of application for residency.

(d)

The department of employment shall deny or revoke a certificate of residency
even
if the applicant or certificate holder is
not
in compliance with W.S. 16
‑
6
‑
101(a)(i)
.
, if the department finds:

16
‑
6
‑
103.

Limitation on subcontracting by resident contractors.

(a)

For all contracts subject to this act which are executed during the period beginning July 1, 2006 and ending June 30, 2009
, a
successful resident bidder shall not subcontract more than
twenty percent (20%)
thirty percent (30%)
of the work covered by his contract to nonresident contractors.

(b)

For all contracts subject to this act which are executed on or after July 1, 2009, a successful resident bidder shall not subcontract more than twenty percent (20%) of the work covered by his contract to nonresident contractors.

16
‑
6
‑
106.

Statement of
Wyoming
materials preference in requests for bids and proposals.

All requests for bids and proposals for materials, supplies, agricultural products, equipment, machinery and provisions for the construction, maintenance and upkeep of every state, county, municipal, community college district or school district institution shall contain the words "preference is hereby given to materials, supplies, agricultural products, equipment, machinery and provisions produced, manufactured
, supplied
or grown in Wyoming
, or supplied by a resident of the state
, quality being equal to articles offered by the competitors outside of the state".

Section 2.

W.S. 16
‑
6
‑
101(a)(i)(C) through (G) and 16
‑
6
‑
102(d)(i) are repealed.

Section 3.
This act is effective July 1, 2006.

(END)

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HB0063