Contractors, etc., engaged in construction of public buildings, improvements or works for state or political subdivisions thereof to employ only workmen and laborers actually residing within state for two years preceding employment; procedure when said workmen or laborers not available; applicability of provisions of section.

Every public officer, contractor, superintendent or agent engaged in or in charge of the construction of any state or public building or public improvement or works of any kind for the State of Alabama or any board, municipal commission or governmental agency of the State of Alabama or municipality in the State of Alabama shall employ only workmen and laborers who have actually resided in Alabama for two years next preceding such employment.

In the event workmen or laborers qualified under the provisions of this section are not available, then the contractor, officer, superintendent, agent or person in charge of such work shall notify in writing the mayor of the municipality in which said work is being done and the judge of probate of the county in which said work is being done and shall notify the governor where said work is being done for the State of Alabama and shall so notify the president, chairman or executive officer of such board, municipal commission or governmental agency for which said work is being done of such fact and, unless the mayor, governor, president or executive officer or chairman, as the case may be, shall forthwith supply such contractor, officer, superintendent, agent or person in charge of said work with the satisfactory workmen or laborers needed, said contractor, officer, superintendent or agent or person shall be authorized to employ workmen or laborers who are not qualified under the provisions of this section to make up the deficiency; provided, that nothing in this section shall be construed to prevent the State of Alabama or any county or municipality or any board or commission from placing or letting any contract for the erection or construction of any public building or public work in the open market or soliciting bids from persons, firms or corporations without the State of Alabama; provided further, that any person, persons, firm or corporation from without the State of Alabama that may obtain such a contract for public buildings or public works shall comply with the provisions of this section upon undertaking the said contract or work; provided further, that the provisions of this section shall apply only to workmen or laborers who reside in or have moved to Alabama from a state which prohibits the employment of nonresident workmen or laborers by public officers, contractors or agents engaged in said state in the construction of public buildings or public improvements or works of any kind for said state or any political subdivision or agency thereof.

(Acts 1961, Ex. Sess., No. 134, p. 2059, §1.)