HF 2380

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to labor; regulating state department and local government construction
contracts; proposing coding for new law in Minnesota Statutes, chapter 177.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [177.45] GOVERNMENT ENTITY REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Construction contract" as used in this section
includes, without limitation, any contract for the construction, rehabilitation, alteration,
conversion, extension, maintenance, or repair of buildings, highways, bridges, tunnels,
transportation facilities, water or sewage treatment plants, power plants, or other
improvements to real property.
new text end

new text begin (b) "Labor organization" as used in this section has the meaning given in United
States Code, title 29, section 152(5).
new text end

new text begin (c) "Government entity" as used in this section means the state or a county, statutory
or home rule charter city, town, hospital district, public authority, public corporation,
public commission, special district, or any other political subdivision. For the purposes of
this section, "government entity" does not include a school district.
new text end

new text begin Subd. 2. new text end

new text begin Prohibitions. new text end

new text begin A government entity entering into a construction contract
must ensure that in its contracts, bid specifications, project agreements, construction
contracts, or other controlling documents the government entity, or an agent entering a
construction contract on behalf of a government entity, does not:
new text end

new text begin (1) require or prohibit bidders, contractors, subcontractors, or vendors to or from
entering into or adhering to agreements with one or more labor organizations; or
new text end

new text begin (2) otherwise discriminate against bidders, contractors, subcontractors, or vendors
for becoming, refusing to become, remaining or refusing to remain signatory to, or
otherwise adhering to agreements with one or more labor organizations.
new text end

new text begin Subd. 3. new text end

new text begin Contractors and subcontractors. new text end

new text begin Nothing in this section prohibits
contractors or subcontractors from voluntarily entering into agreements described in
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Exemptions. new text end

new text begin A government entity may exempt a particular project,
contract, subcontract, grant, or cooperative agreement from the requirements of any or all
of the provisions of this section, if the government entity finds that special circumstances
require an exemption in order to avert threat to public health, safety, security, or
extenuating economic circumstances. However, a finding of "special circumstances" under
this section may not be based on the possibility or presence of a labor dispute concerning
the use of contractors, subcontractors, or vendors who are nonsignatories to, or otherwise
do not adhere to, agreements with one or more labor organizations, or concerning
employees on the project who are not members of or affiliated with a labor organization.
new text end

new text begin Subd. 5. new text end

new text begin Future contracts. new text end

new text begin With respect to construction contracts which have not
yet been entered into prior to the effective date of this section, all government entities
affected must take action, to the extent practical and permitted by law, to conform
contracts, related bid specifications, project agreements, and other controlling documents
in order to implement the provisions of this section.
new text end

new text begin Subd. 6. new text end

new text begin Inconsistent policies. new text end

new text begin Government entities shall immediately revoke
any orders, rules, regulations, guidelines, or policies related to construction contracts
that are not consistent with this section, or immediately commence revocation action
pursuant to law.
new text end

new text begin Subd. 7. new text end

new text begin Intent. new text end

new text begin This section is intended to improve the internal management of
the state and its political subdivisions and to further the objectives of section 16C.02. It
is not intended to, nor does it, create or limit any additional right to administrative or
judicial review, or any additional right, whether substantive or procedural, enforceable
by any party against the state of Minnesota or its political subdivisions, its agencies or
instrumentalities, its officers or employees, or any other person.
new text end