By Garcia                                             H.B. No. 3676
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the awarding of contracts for private projects for
 1-3     which municipal entities have provided funding.
 1-5           SECTION 1.  Chapter 20, Revised Statutes, is amended by
 1-6     adding to read as follows:
 1-7           Sec. 1.  DEFINITIONS.
 1-8                 (1)  "OWNER" means an individual, corporation,
 1-9     partnership, association, and any other legal entity.
1-10                 (2)  "MUNICIPAL" means an incorporated municipality in
1-11     the U.S., governed by officials elected by the people.
1-12                 (3)  "BUILDING" means a structure, erection,
1-13     alteration, demolition, or excavation on, connected with, or
1-14     beneath the surface of real property.
1-16     CONTRACTOR(S).  (a)  On any private project where a municipal
1-17     entity provides funding to an Owner for the construction of a
1-18     building, road or other structure, the Owner of the project shall
1-19     give the highest priority in awarding the contract(s) for said
1-20     project(s) to contractor(s) from the municipality or surrounding
1-21     area of the municipality.
 2-1           (b)  The contractor(s) given the priority under (a), shall be
 2-2     contractor(s) who have a current principal place of business in the
 2-3     municipality or surrounding municipality area and have maintained
 2-4     said principal place of business for at least five (5) years prior
 2-5     to the awarding of the contract(s).
 2-6           (c)  If a contract(s) are not awarded to a contractor(s) from
 2-7     the municipality or the municipality area, the Owner must give a
 2-8     written report to the municipality of its documented good faith
 2-9     efforts to find a qualified contractor(s) in the area.
2-10           Sec. 3.  PENALTY  (a)  If the Owner does not sufficiently
2-11     document its efforts to award the contract(s) to a municipal, or
2-12     municipal area contractor(s) under section 2, then the municipal
2-13     entity shall have the right to reconsider the funding of the
2-14     project and withdraw the funds provided for the project.
2-15           (b)  If, after review of the documentation, the municipality
2-16     is not satisfied that a municipal, or municipal area contractor(s)
2-17     was given the highest priority as a "responsible bidder" for the
2-18     project, then the municipality may, at its option, reconsider the
2-19     funding of the project and withdraw the funds for the project.
2-20           Sec. 4.  EFFECTIVE DATE.  This Act will take effect September
2-21     1, 1999.
2-22           SECTION 2.  The importance of this legislation and the
2-23     crowded  condition of the calendars in both houses create an
2-24     emergency and an imperative public necessity that the
2-25     constitutional rules requiring bills to be read on three several
 3-1     days in each house be suspended, and this rule is hereby suspended,
 3-2     and this rule is hereby suspended.