Introduced

SB 849 - This act creates the "Fairness In 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 act specifically grants standing to any interested party to challenge any bid, grant, project agreement, or controlling document which violates the provisions of this act. 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, or heavy construction work under the annual wage order

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

CHRIS HOGERTY


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