Architect instate residency definition.

2015
STATE OF WYOMING
15LSO-0031
Numbered
2.1

HOUSE BILL

NO.
HB0171

Architect instate residency definition.

Sponsored by:
Representative(s) Loucks, Hunt, Jaggi, Kasperik, Kroeker and Reeder and Senator(s) Case, Craft and Hicks

A BILL

for

AN ACT relating to the Professional Architectural, Engineering and Land Surveying Services Procurement Act; specifying residency requirements for selection to provide professional services; and providing for an effective date.

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

Section 1
.

W.S. 9
‑
2
‑
1031(a) is amended to read:

9
‑
2
‑
1031
.

Selection procedures.

(a)

For each proposed project, the principal representative of the agency for which the project is proposed shall evaluate current statements of qualifications and performance data of firms on file with
the department or the agency, together with any applications submitted by other qualified firms, and shall select not less than three (3) firms considered qualified to perform the required professional services. Consideration in each selection process by the principal representative shall be based upon the ability of professional personnel, past performance, willingness to meet time requirements, location, residency, current and projected work loads, the volume of work previously awarded to the firm by the agency, and the equitable distribution of contracts among qualified firms. The agency shall provide a complete description of the work to the firms selected. These firms shall submit an unpriced proposal to do the work.
The department of workforce services shall certify the residency of a natural person or business entity following receipt of an affidavit executed and sworn to by the natural person or by a chief executive officer of the entity setting forth information required to determine compliance under this subsection.

For purposes of this subsection,
residency does not require satisfaction of the elements contained in W.S. 16
‑
6
‑
101(a)(i).

"residency"
or "resident"
means a natural person, association or business entity authorized to be formed under the laws of this state
or another state that are the functional equivalent
, meeting
the following criteria:

(i)

Any natural perso
n who has been a resident of this
state for one (1) year or more immediately prior to the selection process;

(ii)

A business entity, each member or equity owner of
which has been a resident of this
state for one (1) year or more immediately prior to the selection process;

(iii)

A business entity
organized under the laws of this
state:

(A)

With at least fifty percent (50%) of the equity in the business entity owned by person
s who have been residents of this
state for one (1) year or more prior to the selection process;

(B)

Which has maintained its principal office
and place of business within this
state
for at least one (1) year; and

(C)

The chief executive officer of the business e
ntity has been a resident of this
state for one (1) year or more immediately prior to the selection process.

(iv)

A business entity
organized under the laws of this
state wh
ich has been in existence in this
state for one (1) year or more and whose chief executive of
ficer has been a resident of this
state for one (1) year or more immediately prior to selection process and maintains its principal office and place of business w
ithin this
state. If at least fifty percent (50%) of the equity in the business entity is owned by nonresidents, the nonresident equity owned by the nonresidents shall:

(A)

Have been acquired by nonresidents one (1) year or more immediately prior to the selection process; or

(B)

If it consists of shares in a corporation, be publicly traded and registered under
s
ection 13 or 15(d) of the Securities Exchange Act of 1934 for one (1) or more classes of its shares.

(v)

A business entity organized under the laws of any state which:

(A)

Has been in existence for two (2) years or more
;

(B)

Has continuously maintained a principal office
and place of business within this
state for at least one (1) year; and

(C)

Has paid worker's compensation and unemployment taxes in Wyoming for at least one (1) year and is in good standing with the department of workforce services at the time of the selection process.

(vi)

A business entity which qualifies as a resident pursuant to this subsection shall not lose that residency solely due
to
reorganization as a different business entity.

Section
2
.

This
act is effective July 1,
2015
.

(END)

1
HB0171