Government contracts-labor organization.

Plain English Breakdown

The official source does not provide specific details about the impact of existing contracts and grants before the effective date.

Government Contracts and Labor Agreements

This law prohibits government entities from including certain labor organization terms in construction contracts and grants, with exceptions for public health and safety emergencies.

What This Bill Does

• It stops governmental bodies from putting rules about labor organizations into contracts for building projects they own or lease.
• It also prevents these bodies from giving out grants that require such terms related to labor organizations.
• The head of a government body can make an exception if it's needed to protect public health and safety.

Who It Names or Affects

• Governmental entities that award construction contracts or grants.
• Construction companies bidding for government projects.

Terms To Know

construction related project

Building, improving, maintaining, expanding, repairing, renovating, remodeling, or demolishing a facility.

contract related document

A bid specification, project agreement, or other controlling document for construction projects.

facility

Highways, roads, bridges, runways, railroads, buildings, structures with their grounds and services, and similar physical improvements to real property.

Limits and Unknowns

• The law does not apply if the Wyoming Preference Act of 1971 allows discrimination against bidders or contractors based on labor agreements.
• It is unclear how this will affect existing contracts and grants before July 1, 2023.

Official Summary Text

Bill Summary - 23LSO-0664
Bill No.:

SF0147

Effective:

7/1/2023

LSO No.:

23LSO-0664

Enrolled Act No.:

SEA No. 0088

Chapter No.:

172

Prime Sponsor:

Anderson

Catch Title:

Government contracts-labor organization.

Subject:

Government construction contracts.

Summary/Major Elements:

This bill prohibits a governmental entity from entering into any contract for construction-related projects regarding a facility the governmental entity owns or leases when that contract:
Requires, prefers or prohibits a bidder, offeror, contractor or subcontractor from entering into or adhering to an agreement with any person, including a labor organization.
Subject to the Wyoming Preference Act of 1971, discriminates against a bidder, offeror, contractor or subcontractor for an agreement, or lack thereof, with any person, including a labor organization.

This bill prohibits a governmental entity from awarding or renewing a grant for a construction-related project that is conditioned on the recipient including a term prohibited above.

The head of a governmental entity may exempt a bid specification, project agreement, grant or other controlling document from these requirements if they find the exemption necessary to avert an imminent threat to public health or safety.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

23LSO-0664

ORIGINAL Senate

ENGROSSED
File No
.
SF0147

ENROLLED ACT NO. 88,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

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; 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)

Subject to W.S. 16
‑
6
‑
108, a governmental entity that awards or renews a contract on or after July 1, 2023, for a construction related project regarding a facility the governmental entity owns or leases directly or through a building authority, shall not include any of the following terms in any contract related document a term that:

(i)

Requires, prefers or prohibits a bidder, offeror, contractor or subcontractor from entering into or adhering to an agreement with any person including a labor organization in regard to the construction related project;

(ii)

Subject to the provisions of the Wyoming Preference Act of 1971, W.S. 16
‑
6
‑
201 through 16
‑
6
‑
206, 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 any person including a labor organization in regard to the construction related project.

(b)

A governmental entity shall not award or renew a grant for a construction related project that is conditioned on the recipient including a term prohibited by subsection (a) of this section in a contract related document concerning a facility or real property that is the subject of the grant.

(c)

The head of a governmental entity may exempt a contract related document or grant from the requirements of subsection (a) or (b) of this section, as applicable, if the governmental entity finds that the exemption is necessary to avert an imminent threat to public health or safety.

(d)

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;

(iii)

"Facility" means:

(A)

A highway, 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.

(iv)

"Governmental entity" means the University of Wyoming, the state, any department thereof, and any county, city, town, school district, community college district, other political subdivision and other public corporation of the state.

Section 2
.

This act is effective July 1, 2023
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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