Difference between revisions of "Senate Bill 45 (2010)"

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BR 405 proposes to 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.<ref>[http://www.lrc.ky.gov/record/10RS/SB45.htm BR 405 on lrc.ky.gov]</ref>
 
BR 405 proposes to 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.<ref>[http://www.lrc.ky.gov/record/10RS/SB45.htm BR 405 on lrc.ky.gov]</ref>
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==Timeline==
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*''Jan 5'' - Introduced to Senate.
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*''Jan 6'' - Moved to State & Local Government (S).
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*''Jan 20'' - Reported favorably, 1st reading, to Calendar with Committee Substitute.
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*''Jan 21'' - 2nd floor reading, to Rules.
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*''Jan 26'' - Floor amendment (1) filed to Committee Substitute.
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*''Jan 27'' - Posted for passage in the Regular Orders of the Day for Thursday, January 28, 2010.
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*''Jan 28'' - 3rd reading, passed 38-0 with Committee Substitute, floor amendment (1).
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*''Feb 1'' - Received in House.
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==Amendments==
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===Senate Committee Substitute===
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*Proposes to 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.
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*[http://www.lrc.ky.gov/record/10RS/SB45/SCS1.doc Full Version of SCS]
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===Senate Floor Amendment (1)===
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*Introduced by Senator [[Gary Tapp]].
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*Proposes to 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.
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*[http://www.lrc.ky.gov/record/10RS/SB45/SFA1.doc Full Version of SFA (1)]
  
 
==Links==
 
==Links==

Latest revision as of 08:21, 8 February 2010

Senate Bill 45 (or BR 405 2010) was introduced on January 5, 2010 by Senator Gary Tapp to the 2010 General Assembly.

It is an act relating to state contracting practices.

BR 405 proposes to 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.[1]

Timeline

  • Jan 5 - Introduced to Senate.
  • Jan 6 - Moved to State & Local Government (S).
  • Jan 20 - Reported favorably, 1st reading, to Calendar with Committee Substitute.
  • Jan 21 - 2nd floor 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.

Amendments

Senate Committee Substitute

  • Proposes to 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.
  • Full Version of SCS

Senate Floor Amendment (1)

  • Introduced by Senator Gary Tapp.
  • Proposes to 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.
  • Full Version of SFA (1)

Links

References

  1. BR 405 on lrc.ky.gov