| 1 | Representative Hukill offered the following: |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Remove lines 316-344 and insert: |
| 5 | (m) Any contractor may be considered ineligible to bid by |
| 6 | the governmental entity if the contractor has been found guilty |
| 7 | by a court of any violation of federal labor or employment tax |
| 8 | laws regarding subjects such as safety, tax withholding, workers |
| 9 | compensation, unemployment tax, social security and Medicare |
| 10 | tax, wage or hour, or prevailing rate laws within the past 5 |
| 11 | years. |
| 12 | (2) The threshold amount of $300,000 $200,000 for |
| 13 | construction or $75,000 $50,000 for electrical work, as |
| 14 | specified in subsection (1), must be adjusted by the percentage |
| 15 | change in the Engineering News-Record's Building Cost Consumer |
| 16 | Price Index from January 1, 2009 1994, to January 1 of the year |
| 17 | in which the project is scheduled to begin. |
| 18 | (3) All county officials, boards of county commissioners, |
| 19 | school boards, city councils, city commissioners, and all other |
| 20 | public officers of state boards or commissions that are charged |
| 21 | with the letting of contracts for public work, for the |
| 22 | construction of public bridges, buildings, and other structures |
| 23 | must always specify lumber, timber, and other forest products |
| 24 | produced and manufactured in this state if whenever such |
| 25 | products are available and their price, fitness, and quality are |
| 26 | equal. This subsection does not apply to when plywood specified |
| 27 | for monolithic concrete forms, if when the structural or service |
| 28 | requirements for timber for a particular job cannot be supplied |
| 29 | by native species, or if when the construction is financed in |
| 30 | whole or in part from federal funds with the requirement |
| 31 | requirements that there be no restrictions as to species or |
| 32 | place of manufacture. |
| 33 | (4) Any qualified contractor or vendor who could have been |
| 34 | awarded the project had the project been competitively bid has |
| 35 | shall have standing to challenge a the propriety of the local |
| 36 | government's actions to determine if the local government has |
| 37 | complied with when the local government seeks to invoke the |
| 38 | provisions of this section. The prevailing party in such action |
| 39 | is shall be entitled to recover its reasonable attorney's fees. |
| 40 | Section 2. This act shall take effect October 1, 2009. |
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| 46 | ----------------------------------------------------- |
| 47 | T I T L E A M E N D M E N T |
| 48 | Remove line 16 and insert: |
| 49 | transit or transportation systems; authorizing governmental |
| 50 | entities to consider certain contractors ineligible to bid; |
| 51 | revising the index and |
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