Government contracts-labor organizations.

2017
STATE OF WYOMING
17LSO-0573
Introduced
1.2

HOUSE BILL

NO.
HB0181

Government contracts-labor organizations.

Sponsored by:
Representative(s) Larsen

A BILL

for

AN ACT relating to public works and contracts; providing for procurement of construction goods and services by the state and its subdivisions as market participants; providing for fair and open competition; providing for exemptions; providing legislature findings; 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; government unit defined.

(a)

Subject to subsection (c) of this section, a governmental unit

awarding a contract
for the construction, improvement, expansion, repair, remodeling or demolition of any
facility
after June 30, 2017

shall not
in any bid specification, project agreement or other controlling document, include:

(i)

A term that requires
, prefers
or prohibits a bidder, offeror, contractor or subcontractor from entering into or adhering to an agreement with one (1) or more labor organization 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 that is conditioned upon a requirement that
the awardee include a term described in su
bsection (a) of this section in
a contract document for any construction, improvement, maintenance, or renovation to real property or fixtures that are the subject of the grant.

(c)

This section does not prohibit a governmental unit
from awarding a contract or grant
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 cond
ition for award of the contract or
grant and if the governmental unit does not discriminate against a private owner, bidder, contractor or subcontractor in the awarding of that contract
or grant
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
entity listed in subsection (a) of this section
or funded in whole or in part from a
grant from the governmental entity
.

(e)

The head of a governmental
entity listed in subsection (a) of this section
may exempt a particular
project, contract, subcontract or
grant from the requirements of any or all of the provisions of this section if the governmental
entity
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
:

(i)

“
F
acility” means any actual physical improvement to real property owned or leased, directly or through a building authority, by a governmental unit including but not limited to
highways,
roads
,
bridges
,
runways
,
rails
,
or a building or structure along with the building’s or structure’s grounds, approaches, services and appurtenances.

(ii)

“
G
o
vernmental unit” means the state,
any department or institution thereof,
or
any county, city, town, school district, community college district or other public corporation of the state.

(g)

The legislature finds that the intent of this section is to provide for more economical
nondiscriminatory
, neutral and efficient procurement of construction related goods and services by governmental
units as market participants. Providing for fair and open competition best effectuates this intent.

Section 2
.

This
act is effective July 1,
201
7
.

(END)

1
HB0181