SB 849 Creates the "Fairness in Public Construction Act"
Sponsor: Mayer Co-Sponsor(s)
LR Number: 3477S.02I Fiscal Note: 3477-02
Committee: Small Business, Insurance & Industrial Relations
Last Action: 5/12/2006 - S Informal Calendar S Bills for Perfection Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2006

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Current Bill Summary


SS/SB 849 - This act creates the "Fairness In Public Construction Act".

This act prohibits any state or political subdivision, agency, or instrumentality from requiring, or prohibiting, bidders from entering into agreements with labor organizations in order to enter into a contract with such state or political subdivision. Discrimination against bidders for such contracts based upon a bidder's affiliation with a labor organization is also prohibited. The act prohibits any state or political subdivision from requiring or prohibiting a bidder to require its employees to become members of, or affiliated with, a labor organization or to pay dues or fees to labor organizations as a condition of employment. The state or political subdivision, agency, or instrumentality may not issue grants or enter into cooperative agreements for construction projects a condition of which requires any of the above elements

The act specifically grants standing to any bidder, offeror, contractor, or subcontractor to challenge any bid, grant, project agreement, or controlling document which violates the provisions of this act.

All contractors and subcontractors shall file with the contracting public body, an affidavit stating that the contractor or subcontractor paid all employees the prevailing wage without benefit of any wage subsidies, bid supplement, or rebate.

The act prohibits the issuance of a public contract until a signed affidavit is received stating that the contractor or subcontractor performing the work will not participate, either directly or indirectly, in any job targeting programs, bid supplement programs, market recovery programs, or any other programs or devices that would subsidize the labor costs on projects. The act contains penalty provisions for the submission of a false affidavit by a contractor or subcontractor. The act exempts public projects built under the general wage order determined by the highways and transportation commission.

Certain provisions of this act are similar to those found in SB 291 (2005).

CHRIS HOGERTY

SA 3 - EMPLOYERS WHO EMPLOY UNDOCUMENTED WORKERS ARE INELIGIBLE TO ENTER PUBLIC WORKS PROJECTS. CONTRACTORS MUST SIGN AN AFFIDAVIT STATING THAT THEY EMPLOY NO UNDOCUMENTED WORKERS. ENTITIES WHO KNOWINGLY EMPLOY UNDOCUMENTED WORKERS ARE IN VIOLATION OF THE LAW AND THE ATTORNEY GENERAL MAY ENFORCE THE ABOVE PROVISIONS.

SA 5 - EMPLOYERS SHALL NOT MISCLASSIFY EMPLOYEES TO AVOID TAX LIABILITY OR REPORTING REQUIREMENTS. EMPLOYERS MAY NOT RETALIATE AGAINST EMPLOYEES WHO TAKE ACTION TO CORRECT CLASSIFICATION INCONSISTENCIES.

SA 1 TO SA 6 – REQUIRES A CERTAIN PERCENTAGE OF PUBLIC WORKS CONTRACTS TO BE ENTERED INTO WITH MINORITY BUSINESS ENTERPRISES. (PENDING)