BILL REQ. #:  H-4160.1 

Read first time 01/20/2004.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to requiring state contracts be performed by citizens of the United States or persons authorized by federal law to work in the United States; amending RCW 43.19.1932; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 39.04 RCW; adding a new section to chapter 47.28 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION.  Sec. 1   LEGISLATIVE INTENT. It is essential that the legislature and state agencies spend tax dollars in a manner that is both responsible and consistent with the economic interests of the state and the nation. The legislature and state agencies should, therefore, consider indirect benefits that may be achieved when entering into contracts for public works, personal services, purchased services, information services, and highway design and construction. Such benefits include, but are not limited to, job creation, capital investment, and economic stimulus.

NEW SECTION.  Sec. 2   A new section is added to chapter 28B.10 RCW to read as follows:
     HIGHER EDUCATION. All work under a public works, personal services, purchased services, or information services contract that is entered into by the state under this chapter, or under any subcontract awarded under such a contract, must be performed by citizens of the United States or persons authorized by federal law to work in the United States.

NEW SECTION.  Sec. 3   A new section is added to chapter 39.04 RCW to read as follows:
     PUBLIC WORKS. All work under a public works contract that is entered into by the state under this chapter, or under any subcontract awarded under such a contract, must be performed by citizens of the United States or persons authorized by federal law to work in the United States.

Sec. 4   RCW 43.19.1932 and 1989 c 185 s 2 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, the department of corrections shall be exempt from the following provisions of this chapter in respect to goods or services purchased or sold pursuant to the operation of correctional industries: RCW 43.19.180, 43.19.190, 43.19.1901, 43.19.1905, 43.19.1906, 43.19.1908, 43.19.1911, 43.19.1913, 43.19.1915, 43.19.1917, 43.19.1919, 43.19.1921, 43.19.1925, and 43.19.200.
     (2) All work under a public works, personal services, purchased services, or information services contract that is entered into by the department of corrections, or under any subcontract awarded under such a contract, must be performed by citizens of the United States or persons authorized by federal law to work in the United States.

NEW SECTION.  Sec. 5   A new section is added to chapter 47.28 RCW to read as follows:
     DEPARTMENT OF TRANSPORTATION. All work under a public works, personal services, purchased services, information services, or highway design and construction contract that is entered into by the state under this chapter, or under any subcontract awarded under such a contract, must be performed by citizens of the United States or persons authorized by federal law to work in the United States.

NEW SECTION.  Sec. 6   SEVERABILITY. 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.

NEW SECTION.  Sec. 7   FEDERAL SEVERABILITY. 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. 8   CAPTIONS. Captions used in this act are not any part of the law.

NEW SECTION.  Sec. 9   APPLICABILITY. This act shall not apply to contracts entered into before July 1, 2005.

NEW SECTION.  Sec. 10   EFFECTIVE DATE. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.