SF 3559

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to labor; regulating state department 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] STATE DEPARTMENT REQUIREMENTS.
new text end

new text begin 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 same meaning given in
United States Code, title 29, section 152(5).
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new text begin Subd 2. new text end

new text begin Prohibitions. new text end

new text begin A state department entering into a construction contract must
ensure that in its contracts, bid specifications, project agreements, construction contracts,
or other controlling documents the state department, or an agent entering a construction
contract on behalf of a state department, 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
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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 to adhering to agreements with one or more labor organizations.
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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 The commissioner of a state department 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 commissioner 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 state departments
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 The commissioners of state departments will
immediately revoke any orders, rules, regulations, guidelines, or policies related
to construction contracts which are not consistent with this section, or immediately
commence revocation action pursuant to law.
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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
state government and state departments 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, its agencies or instrumentalities, its officers or
employees, or any other person.
new text end