HCS HB 448 -- OPEN CONTRACTING ACT

SPONSOR:  Hunter (Mayer)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Workforce
Development and Workplace Safety by a vote of 9 to 7.

This substitute establishes the Open Contracting Act.  The state
and political subdivisions when procuring products, letting
contracts, issuing grants, or entering into cooperative
agreements for construction of public works are prohibited from:

(1)  Requiring contractors to enter into or adhere to agreements
with one or more labor organizations on the same or related
projects or prohibiting contractors from doing the same;

(2)  Discriminating against contractors for refusing to become or
remain signatories or otherwise adhere to agreements with one or
more labor organizations on the same or related contracts; and

(3)  Requiring any contractor to enter into any agreement that
requires its employees to become members of or affiliated with a
labor organization.

An interested party, including a bidder, contractor, or taxpayer,
may challenge any bid specification, project agreement,
controlling document, grant, or cooperative agreement in
violation of this law and will be awarded costs and attorney fees
if a challenge succeeds.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that the bill eliminates
discrimination in public construction contracts, saves taxpayers
money, and restricts project labor agreements from requiring
unions; that project labor agreements are often used as political
paybacks; that women-owned and minority-owned businesses are
often not affiliated with labor unions; and that contracts would
go to the lowest responsible bidder.

Testifying for the bill were Representative Mayer; Gregory
Hoberock; Associated Builders and Contractors; Associated General
Contractors of Missouri; and Missouri Chamber of Commerce.

OPPONENTS:  Those who oppose the bill say that the bill takes
away from public entities something that private entities can do
and it may be illegal because it interferes with the collective
bargaining process as outlined in the National Labor Relations
Act; that project labor agreements establish work standards; and
that current law does not mandate that entities use project labor
agreements.

Testifying against the bill were Missouri State Building Trades;
Missouri Laborers; International Brotherhood of Electric Workers,
Local 124; National Electrical Contractors Association, Kansas
City Chapter; Missouri AFL-CIO; Carpenters District Council of
Kansas City and St. Louis; United Steelworkers of America,
District 11; and Missouri State United Auto Workers.

Mark Pioli, Legislative Analyst

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am