HB 1498 -- Fairness in Public Construction Act

Sponsor:  Dethrow

This bill establishes the Fairness in Public Construction Act to
fulfill the state's proprietary objectives by maintaining and
promoting economical, nondiscriminatory, and efficient
expenditures of public funds in connection with publicly funded
or assisted construction projects.

State and political agencies cannot impose certain labor
requirements as conditions for performing public works.  Public
entities procuring products or services or entering into
contracts for the manufacture of public works must ensure that
their agreements do not bind the other parties to an agreement
with a labor organization.  Public entities cannot discriminate
against other parties who refuse to adhere to agreements with
labor organizations on the same or related projects.  Public
entities will not require other parties to enforce any agreement
that requires its employees to become a member, pay dues, or pay
fees to a labor organization in excess of costs already paid.
Any interested party has standing to challenge agreements that
violate these provisions.

Any employer is prohibited from directly or indirectly receiving
from another project any wage subsidies, bid supplements, or
rebates from any employee or labor organization for a
construction project or from any third party to subsidize labor
costs on the public works construction project.  Any contractor
or subcontractor who violates these provisions will be required
to pay the public body twice the amount of the subsidy received.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:43 am