SF 1161

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public contracting; prohibiting the use of 
  1.3             certain agreements; amending Minnesota Statutes 2002, 
  1.4             sections 16C.06, subdivision 6; 471.345, by adding a 
  1.5             subdivision; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 16C. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 16C.06, 
  1.9   subdivision 6, is amended to read: 
  1.10     Subd. 6.  [AWARDS.] Awards must be based on best value, 
  1.11  which includes an evaluation of price, and may include other 
  1.12  considerations including, but not limited to, environmental 
  1.13  considerations, quality, and vendor performance.  No 
  1.14  consideration may be given, in making an award, to whether any 
  1.15  contractor or subcontractor, that is not signatory to an 
  1.16  agreement with a labor organization at the time of the bid or 
  1.17  award, is willing to enter into, execute, or adhere to, or 
  1.18  otherwise observe or follow the wage, benefit, or other economic 
  1.19  terms of, or incur any economic detriment pursuant to, an 
  1.20  agreement with a labor organization or project labor agreement 
  1.21  in connection with the award.  If criteria other than price are 
  1.22  used, the solicitation document must state the relative 
  1.23  importance of price and other factors.  
  1.24     Sec. 2.  [16C.0655] [CERTAIN REQUIREMENTS NOT TO BE 
  1.25  IMPOSED.] 
  1.26     Bid specifications issued by an agency, and any subsequent 
  2.1   contract or other agreement to which the agency and a contractor 
  2.2   or subcontractor are parties, must not require a contractor or 
  2.3   subcontractor, that is not signatory to an agreement with a 
  2.4   labor organization at the time of the bid or award, to do any of 
  2.5   the following as a condition of performing work: 
  2.6      (1) enter into or agree to adhere to or otherwise observe 
  2.7   the wage, benefit, or economic terms of, or incur any economic 
  2.8   detriment pursuant to, any agreement with any labor organization 
  2.9   in connection with the contract; or 
  2.10     (2) enter into any agreement that requires the employees of 
  2.11  that contractor or subcontractor to do either of the following 
  2.12  as a condition of employment or continued employment: 
  2.13     (i) become members of or become affiliated with a labor 
  2.14  organization; or 
  2.15     (ii) pay dues or fees to a labor organization. 
  2.16     Sec. 3.  Minnesota Statutes 2002, section 471.345, is 
  2.17  amended by adding a subdivision to read: 
  2.18     Subd. 7a.  [CERTAIN REQUIREMENTS PROHIBITED.] Bid 
  2.19  specifications issued by a municipality, and any subsequent 
  2.20  contract or other agreement to which the municipality and a 
  2.21  contractor or subcontractor are parties, must not require a 
  2.22  contractor or subcontractor, that is not signatory to an 
  2.23  agreement with a labor organization at the time of the bid or 
  2.24  award, to do any of the following as a condition of performing 
  2.25  work: 
  2.26     (1) enter into or agree to adhere to or otherwise observe 
  2.27  the wage, benefit, or economic terms of, or incur any economic 
  2.28  detriment pursuant to, any agreement with any labor organization 
  2.29  in connection with the contract; or 
  2.30     (2) enter into any agreement that requires the employees of 
  2.31  that contractor or subcontractor to do either of the following 
  2.32  as a condition of employment or continued employment: 
  2.33     (i) become members of or become affiliated with a labor 
  2.34  organization; or 
  2.35     (ii) pay dues or fees to a labor organization.