BILL REQ. #:  S-1918.1 

READ FIRST TIME 02/25/11.   

     AN ACT Relating to establishing a preference for resident contractors on public works; adding a new section to chapter 39.04 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 39.04 RCW to read as follows:
     (1) The department of general administration shall survey the fifty states to determine if that state provides any advantage for its own in-state contractors bidding on public works projects. The survey shall initially include states where contractors have often bid on public works projects in Washington state. The initial survey shall be completed by January 1, 2012. The survey of the remaining states must be completed by January 1, 2013.
     (2) The department of general administration shall distribute the results of the survey described in subsection (1) of this section to all state and local agencies with authority to procure public works. The department must also notify each agency of the requirements of this section.
     (3) In any bidding process for public works in which a bid is received from a contractor from a state that provides a bidding advantage identified in the survey completed in subsection (1) of this section, a comparable advantage must be given to contractors from Washington state only with respect to comparing in-state contractor bids to the bids received from contractors from that state.
     (4) The department of general administration must adopt rules to implement these reciprocity provisions. The department must recommend draft legislation by December 1, 2011, to conform other provisions of law to the intent of this section.

NEW SECTION.  Sec. 2   If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION.  Sec. 3   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.