Government contracts-labor organization.

2018
STATE OF WYOMING
18LSO-0469
Numbered
1.2

SENATE FILE

NO.
SF0091

Government contracts-labor organization.

Sponsored by:
Senator(s) Anderson, Bebout, Boner and Kinskey and Representative(s) Pownall and Walters

A BILL

for

AN ACT relating to public works and contracts; prohibiting governmental entities from including specified terms related to labor organization agreements in construction related contracts and grants; providing exemptions; providing legislative 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
and grants
; prohibited
terms
;
exemptions;
definitions.

(a)

The legislature finds that the intent of this section is to provide for more economical
,
nondiscriminatory, neutral and efficient procurement of construction related services by
governmental entitie
s.
The legislature further finds that
enabling
fair and open competition best effectuates this intent.

(b)

A

governmental entity

that awards
a contract
on or after July 1, 2018,
for
a construction related project regarding a
facility

the government
al

entity
owns or leases, directly or through a building authority,
shall not include

any of the following terms
in any contract related document
:

(
i
)

A term that requires, prefers or prohibits a bidder, offeror, contractor or subcontractor from entering into or adhering to an agreement with
a
labor organization
in regard to
th
e

construction related
project;

(ii)

A term that otherwise discriminates against a bidder, offeror, contractor or subcontractor for
being,
becoming or refusing to become or remain a signatory to
,
or for adhering or refusing to adhere to, an agreement with
a
labor organization

in regard to
the
construction related project
.

(c)

A

governmental entity
shall not award a grant
for a construction related project
that is conditioned on
the recipient
includ
ing
a term
prohibited by
su
bsection (b
) of this section in a contract
related
document
concerning
a
facility or

real property
that
is
the subject of the grant.

(
d
)

The head of a governmental
entity
may exempt
a
contract related document
or grant

from
the requirements of

sub
section
(b) or (c)
of this section
, as applicable,
if

the governmental entity finds th
at
the
exemption
is
necessary
to avert an imminent threat to public health or safety.

(
e
)

As used in
this section:

(
i
)

"
Construction related project
"
includes
the construction, improvement, maintenance, expansion, repair, renovation, remodeling
or
demolition of a facility
;

(ii)

"
Contract related document
"
includes a bid specification, project agreement
or
other controlling document
for
a construction related project;

(i
ii
)

"
Facility
"

includes
:

(A)

A h
ighway, road, bridge, runway

or
rail
;

(B)

A
building or structure along with
its
grounds, approaches, services
, fixtures
and appurtenances
;

(C)

Any other
similar physical
improvement to real property
.

(i
v
)

"
Governmental entity
"

includes

the University of Wyoming,
the

state
,

any department thereof,
and
any county, city, town, school district, community college district
and
other public corporation of the state.

Section 2
.

This act is effective July 1, 201
8
.

(END)

1
SF0091