HB 3203

Abstract

Requires contracting agency to perform analysis to determine whether constructing public improvement with contracting agency's own equipment and personnel will result in least cost to contracting agency. Specifies elements of cost analysis. Requires contracting agency to file analysis with Commissioner of Bureau of Labor and Industries. Specifies threshold at which estimated cost of constructing public improvement triggers requirement to perform analysis. Requires Bureau of Labor and Industries every four years beginning in 2021 to review methodology for calculating costs and threshold amount at which contracting agency must prepare specifications and cost estimates for public improvement. Requires commissioner to investigate contracting agency's alleged violation of Act in response to complaint from construction contractor or trade association that represents construction contractors or if commissioner discovers or has reason to believe that violation of Act has occurred unless commissioner reasonably concludes that facts alleged do not constitute violation or that complaint was frivolous or was filed to harass contracting agency or for purposes other than to enforce requirements of law. Requires contractor or trade association to pay filing fee of $250 to submit complaint. Permits commissioner to require contracting agency to negotiate and enter into agreement to comply with requirements of Act if commissioner finds that contracting agency has violated Act within previous five years and to enter final order that sets forth terms of agreement between contracting agency and construction contractor or trade association. Permits party to agreement with contracting agency made in accordance with order of commissioner to submit complaint asking commissioner to enforce agreement. Requires commissioner to investigate complaint and, if commissioner finds substantial evidence of violation, to issue order to cease and desist from violation or conduct contested case hearing. Permits commissioner to impose civil penalty of not more than $5,000 on local contracting agency that commissioner finds has violated Act or breached agreement, or civil penalty of $20,000 if commissioner finds that violation was willful. Permits contractor or trade association to bring action to enforce cease and desist order. Becomes operative January 1, 2018. Takes effect on 91st day following adjournment sine die.