Government contracts-labor organizations.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0313

HOUSE BILL
NO.

HB0113

Government contracts-labor organizations.

Sponsored by:
Representative(s) Reeder, Baker, Kroeker, Larsen, Miller and Stubson and Senator(s) Bebout

A BILL

for

AN ACT relating to
public works and contracts;
prohibiting governmental
units
from requiring contractors to have agreements with organized labor on public works projects; prohibiting discrimination against contractors for having or not having agreements with organized labor
; providing a definition;

and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 16
‑
6
‑
122 is created to read:

16
‑
6
‑
122.

Public works contracts;
prohibited contract provisions
; governmental unit defined
.

(a)

Subject to subsection

(c)
of this section
, a governmental unit awarding a contract after July 1, 201
4

for

the
erection, construction, alteration or repair of any public building or other public structure, or for making any addition thereto, or for any public work or improvements,

and any construction manager acting on its behalf shall not include

any of the following in bid specifications, project agreements or

other controlling documents:

(
i
)

A term that requires or prohibits a bidder,
offeror
,

contractor or subcontractor from entering into or adhering to an

agreement with one (1) or more labor organizations in regard to that

project or a related construction project
;

(ii
)

A term that otherwise discriminates against a bidder,

offeror
, contractor or subcontractor for becoming or remaining or

refusing to become or remain a signatory to or for adhering or

refusing to adhere to, an agreement with one (1) or more labor

organizations in regard to that project or a related construction

project
.

(b)

Subject to subsection (c)
of this section
, a governmental unit shall not
award a grant, tax abatement
or
tax credit that is conditioned upon a requirement that the
awardee include a term described in
sub
section (a)
of the section
in a contract document for
the erection, construction, alteration or repair of any public building, or other public structure, or for making any addition thereto, or for any public work or improvements

that are the subject of the grant, tax abatement
or
tax credit.

(c)

This section does not prohibit a governmental unit

from awarding a contract, grant, tax abatement or tax credit to a

private owner, bidder, contractor or subcontractor who enters into

or who is party to an agreement with a labor organization, if being

or becoming a party or adhering to an agreement with a labor

organization is not a condition for award of the contract, grant,

tax abatement or tax credit and if the governmental unit does not

discriminate against a private owner, bidder, contractor or

subcontractor in the awarding of that contract, grant, tax

abatement or tax credit based upon the status as being or

becoming
,
or the willingness or refusal to become
,
a party to an

agreement with a labor organization.

(d)

This section does not prohibit a contractor or subcontractor

from voluntarily entering into or complying
with an agreement

entered into with
one (
1
)
or more labor organizations in regard to a

contract with a governmental unit or funded in whole or in part

from a grant, tax abatement or tax credit from the governmental

unit.

(e)

The

head of a governmental unit may exempt a particular project,

contract, subcontract, grant, tax abatement or tax credit from the

requirements of any or all of the provisions of
this
section

if

the governmental unit finds, after public notice and a hearing,

that special circumstances require an exemption to avert an

imminent threat to public health or safety.

A finding of special

circumstances under this section shall not be based on the

possibility or presence of a labor dispute concerning the use of

contractors or subcontractors who are
nonsignatories
to
,
or

otherwise do not adhere to, agreements with
one (
1
)
or more labor

organizations or concerning employees on the project who are not

members of or affiliated with a labor organization.

(f)

For purposes of this section, "governmental unit" means
the state, any department thereof, or any county, city, town, school district, community college district or other public corporation of the state
.

Section 2.

This act is effective July 1, 2014.

(END)

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HB0113