SB 45 (BR 405) - G. Tapp
AN ACT relating to state contracting practices.
Create a new section of KRS Chapter 45A to give preference to Kentucky resident bidders in state construction contracts; require this preference to apply against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state; specify that this preference is equal to the preference given or required by the state of the non resident bidder; include determination of the amount of the preference; define "resident bidder"; require the Finance and Administration Cabinet to promulgate administrative regulations on the process for establishing residency and listing states with a bid preference in place, including the amount of that preference; amend KRS 45A.070 to redefine "best value" to include the requirement to communicate the preference in the invitation for bids; amend KRS 45A.085, 45A.090, 45A.180, and 45A.182 to conform; amend KRS 162.070 to include the preference for a resident bidder in accepting bids for secondary school construction contracts; amend KRS 164A.575 to add that "best value" shall be determined in accordance with KRS 45A.070 for postsecondary school capital construction contracts.
SB 45 - AMENDMENTS
SCS - Retain original provisions, except add the term "qualified" to construction contract and define the term to clarify that the preference for resident bidders applies only to government contracts; add that the preference applies prior to the evaluation of bids; delete language on the computation of the preference of adding the percentage of preference to the nonresident bidder's price when evaluating the bid; add definition of a nonresident bidder; include other business entities under the definitions of resident and nonresident bidder; require preference for a resident bidder in the event of a tie between a resident and nonresident bidder; clarify that a bidder may only have one principal place of business; include what place shall be considered as the bidder's principal place of business; remove the requirement that the Finance and Administration Cabinet regulate the process of how to become a resident, but retain the requirements that the cabinet maintain a list of states with preferences and the extent of those preferences.
SFA (1, G. Tapp) - Require that one year prior to an advertised bid a resident bidder has filed Kentucky corporate income taxes, has made payments to the Kentucky Unemployment Insurance Fund, and has a Kentucky workers' compensation policy in effect; delete provisions regarding a bidder's principal place of business.
HCS - Retain original provisions of the bill, but expand reciprocal resident bidder preference to all contracts entered into by a public agency; create a new section of KRS Chapter 45A to define "contract" and "public agency"; create a new section of KRS Chapter 45A setting out the purpose of providing a reciprocal resident bidder preference; create a new section of KRS Chapter 65 to require local governments to apply the reciprocal resident bidder preference to all contracts; create a new section of KRS Chapter 160 to require local school boards to apply the reciprocal resident bidder preference to all contracts; create a new section of KRS Chapter 176 to require reciprocal resident bidder preference for highway construction contracts; amend KRS 45A.365, 45A.370, 45A.375, 45A.695, 45A.745, 45A.825, 45A.853, 164A.575, 164A.590, and 176.010 to comply; repeal KRS 45A.873.
HCA (1/Title, M. Cherry) - Make title amendment.
HFA (1, S. Santoro) - Retain original provisions except delete the portion of the definition of "resident bidder" that requires at least 51 percent of its property and payroll to be located in Kentucky.
CCR - Cannot agree.
FCCR - Retain original provisions except delete requirement that a resident bidder is required to have 51 percent of its property and payroll located in the Commonwealth; amend KRS 45A.470 to notwithstand other provisions of the chapter and specify that first preference in purchasing commodities or services shall be given to products produced by the Kentucky Industries for the Blind.
(Prefiled by the sponsor(s).)
Jan 5-introduced in Senate
Jan 6-to State & Local Government (S)
Jan 20-reported favorably, 1st reading, to Calendar with Committee Substitute
Jan 21-2nd reading, to Rules
Jan 26-floor amendment (1) filed to Committee Substitute
Jan 27-posted for passage in the Regular Orders of the Day for Thursday, January 28, 2010
Jan 28-3rd reading, passed 38-0 with Committee Substitute, floor amendment (1)
Feb 1-received in House
Feb 8-to State Government (H)
Feb 23-posted in committee
Feb 25-reported favorably, 1st reading, to Calendar
Feb 26-2nd reading, to Rules
Mar 3-recommitted to State Government (H)
Mar 11-reported favorably, to Rules as a Consent bill with Committee Substitute, committee amendment (1-title)
Mar 12-posted for passage in the Consent Orders of the Day for Monday, March 15, 2010
Mar 15-taken from the Consent Orders of the Day, placed in the Regular Orders of the Day; floor amendment (1) filed to Committee Substitute
Mar 23-3rd reading, passed 98-0 with Committee Substitute, committee amendment (1-title) ; received in Senate
Mar 29-posted for passage for concurrence in House Committee Substitute, committee amendment (1-title) ; Senate refused to concur in House Committee Substitute, committee amendment (1-title) ; Members appointed to pending conference committee; received in House; Members appointed to pending conference committee
Apr 1-House refused to recede from Committee Substitute, committee amendment (1-title) ; Conference Committee appointed in House and Senate; Conference Committee report filed in House and Senate; Conference Committee report adopted in House and Senate; Free Conference Committee appointed in House and Senate; Free Conference Committee report filed in House and Senate; Free Conference Committee report adopted in House; Bill passed 95-0; received in Senate
Apr 14-Free Conference Committee report adopted in Senate; Bill passed 37-0; enrolled, signed by President of the Senate
Apr 15-enrolled, signed by Speaker of the House; delivered to Governor
Apr 26-signed by Governor (Acts ch. 162)