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Senate File 2048

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2048     
  1  2 
  1  3                             AN ACT
  1  4 PROHIBITING DISBURSEMENTS OF MONEYS FROM THE VISION IOWA
  1  5    FUND TO ENTITIES ENTERING INTO CERTAIN LABOR-RELATED
  1  6    AGREEMENTS, AND PROVIDING AN EFFECTIVE DATE.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  NEW SECTION.  12.72A  VISION IOWA FUND
  1 11 DISBURSEMENTS – PROHIBITION.
  1 12    1.  DEFINITIONS.  As used in this section, unless the
  1 13 context otherwise requires:
  1 14    a.  "Public contracting entity" means a person that has
  1 15 authority to enter into an agreement that expends public funds
  1 16 relating to a public works project.
  1 17    b.  "Public works" means a public building or other public
  1 18 construction work, including a public improvement as defined
  1 19 in section 384.37.
  1 20    c.  "Public works project" includes the construction,
  1 21 maintenance, or repair of a public works, or the manufacture
  1 22 or procurement of products or services concerning a public
  1 23 works, which is paid for in whole or in part by moneys from
  1 24 the vision Iowa fund created in section 12.72.
  1 25    2.  Notwithstanding any provision of the Code to the
  1 26 contrary, moneys shall not be disbursed from the vision Iowa
  1 27 fund created in section 12.72 to any public contracting entity
  1 28 for purposes of a public works project if the public
  1 29 contracting entity does any of the following relating to the
  1 30 public works project:
  1 31    a.  Requires that any person execute, adhere to, enforce,
  1 32 or otherwise become a party to any agreement, including a
  1 33 project labor agreement, collective bargaining agreement,
  1 34 prehire agreement, or agreement with any labor organization,
  1 35 which requires a person to do any of the following as a
  2  1 condition of bidding, negotiating, being awarded, or
  2  2 performing work on a public works project:
  2  3    (1)  Become a member of or affiliated with a labor
  2  4 organization.
  2  5    (2)  Be required to be subjected to a referral screening
  2  6 process through a labor organization.
  2  7    (3)  Pay dues or fees, including health, welfare or pension
  2  8 fund dues or fees, to a labor organization.
  2  9    b.  Requires that any person enter into any agreement with
  2 10 any labor organization as a condition of bidding, negotiating,
  2 11 being awarded, or performing work on a public works project.
  2 12    c.  Discriminates against any person for refusing or
  2 13 failing to remain a party to any agreement otherwise
  2 14 prohibited by this subsection or who brings a civil action to
  2 15 enforce this section.
  2 16    3.  CIVIL REMEDIES.  This section may be enforced through a
  2 17 civil action.  A person who violates this section or who aids
  2 18 in the violation of this section is liable to an aggrieved
  2 19 person for damages, or any other equitable relief, as the
  2 20 court deems appropriate.  In addition, when a person commits,
  2 21 is committing, or proposes to commit an act in violation of
  2 22 this section, an injunction may be granted through an action
  2 23 in district court to prohibit the person from continuing such
  2 24 acts.  Any aggrieved person, which shall include any taxpayer
  2 25 of this state, has standing to bring a civil action to enforce
  2 26 this section, including an action for injunctive relief.  A
  2 27 person found to have violated this section shall be required
  2 28 to pay the fees and other expenses, as defined in section
  2 29 625.28, relating to the civil action to enforce this section.
  2 30    Sec. 2.  EFFECTIVE DATE.  This Act, being deemed of
  2 31 immediate importance, takes effect upon enactment.  
  2 32 
  2 33 
  2 34                                                             
  2 35                               MARY E. KRAMER
  3  1                               President of the Senate
  3  2 
  3  3 
  3  4                                                             
  3  5                               BRENT SIEGRIST
  3  6                               Speaker of the House
  3  7 
  3  8    I hereby certify that this bill originated in the Senate and
  3  9 is known as Senate File 2048, Seventy-ninth General Assembly.
  3 10 
  3 11 
  3 12                                                             
  3 13                               MICHAEL E. MARSHALL
  3 14                               Secretary of the Senate
  3 15 Approved                , 2002
  3 16 
  3 17 
  3 18                                
  3 19 THOMAS J. VILSACK
  3 20 Governor
     

Text: SF02047                           Text: SF02049
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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