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Senate File 2049

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 12.72, subsection 1, Code Supplement
  1  2 2001, is amended to read as follows:
  1  3    1.  A vision Iowa fund is created and established as a
  1  4 separate and distinct fund in the state treasury.  The moneys
  1  5 in the fund are appropriated to the vision Iowa board for
  1  6 purposes of the vision Iowa program established in section
  1  7 15F.302.  Moneys in the fund shall not be subject to
  1  8 appropriation for any other purpose by the general assembly,
  1  9 but shall be used only for the purposes of the vision Iowa
  1 10 fund.  The treasurer of state shall act as custodian of the
  1 11 fund and disburse moneys contained in the fund as directed by
  1 12 the vision Iowa board, including automatic disbursements of
  1 13 funds received pursuant to the terms of bond indentures and
  1 14 documents and security provisions to trustees.  The fund shall
  1 15 be administered by the vision Iowa board which shall make
  1 16 expenditures from the fund consistent with the purposes of the
  1 17 vision Iowa program without further appropriation.  An
  1 18 applicant under the vision Iowa program shall not receive more
  1 19 than seventy-five million dollars in financial assistance from
  1 20 the fund.  Moneys in the fund shall be considered public funds
  1 21 for purposes of compliance with the requirements of section
  1 22 72.6.
  1 23    Sec. 2.  NEW SECTION.  72.6  PROJECT LABOR AGREEMENTS –
  1 24 PROHIBITED – CIVIL REMEDIES.
  1 25    1.  DEFINITIONS.  As used in this section, unless the
  1 26 context otherwise requires:
  1 27    a.  "Public contracting entity" means a person that has
  1 28 authority to enter into an agreement that expends public funds
  1 29 relating to a public works project.
  1 30    b.  "Public works" means a public building or other public
  1 31 construction work, including a public improvement as defined
  1 32 in section 384.37.
  1 33    c.  "Public works project" includes the construction,
  1 34 maintenance, or repair of a public works, or the manufacture
  1 35 or procurement of products or services concerning a public
  2  1 works, which is paid for in whole or in part by public funds.
  2  2    2.  PROHIBITED ACTIVITIES.  A public contracting entity
  2  3 shall not do any of the following relating to a public works
  2  4 project:
  2  5    a.  Require that any person execute, adhere to, enforce, or
  2  6 otherwise become a party to any agreement, including a project
  2  7 labor agreement, collective bargaining agreement, prehire
  2  8 agreement, or agreement with any labor organization, which
  2  9 requires a person to do any of the following as a condition of
  2 10 bidding, negotiating, being awarded, or performing work on a
  2 11 public works project:
  2 12    (1)  Become a member of or affiliated with a labor
  2 13 organization.
  2 14    (2)  Be required to be subjected to a referral screening
  2 15 process through a labor organization.
  2 16    (3)  Pay dues or fees, including health, welfare or pension
  2 17 fund dues or fees, to a labor organization.
  2 18    b.  Require that any person enter into any agreement with
  2 19 any labor organization as a condition of bidding, negotiating,
  2 20 being awarded, or performing work on a public works project.
  2 21    c.  Discriminate against any person for refusing or failing
  2 22 to remain a party to any agreement otherwise prohibited by
  2 23 this subsection or who brings a civil action to enforce this
  2 24 section.
  2 25    3.  CIVIL REMEDIES.  This section may be enforced through a
  2 26 civil action.  A public contracting entity who violates this
  2 27 section or who aids in the violation of this section is liable
  2 28 to an aggrieved person for damages, or any other equitable
  2 29 relief, as the court deems appropriate.  In addition, when a
  2 30 public contracting entity commits, is committing, or proposes
  2 31 to commit, an act in violation of this section, an injunction
  2 32 may be granted through an action in district court to prohibit
  2 33 the public contracting entity from continuing such acts.  Any
  2 34 aggrieved person, which shall include any taxpayer of this
  2 35 state, has standing to bring a civil action to enforce this
  3  1 section, including an action for injunctive relief, in the
  3  2 district court for the county in which the aggrieved person is
  3  3 a resident.  A public contracting entity found to have
  3  4 violated this section shall be required to pay the fees and
  3  5 other expenses, as defined in section 625.28, relating to the
  3  6 civil action to enforce this section.
  3  7    Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of
  3  8 immediate importance, takes effect upon enactment.  
  3  9                           EXPLANATION
  3 10    This bill establishes a new Code section which prohibits a
  3 11 public contracting entity from entering into certain labor-
  3 12 related agreements for the purposes of a public works project.
  3 13 The bill defines a public contracting entity as any person
  3 14 that has the authority to enter into an agreement that expends
  3 15 public funds relating to a public works project.  A public
  3 16 works project is defined as the construction, maintenance, or
  3 17 repair of a public works, or the manufacture or procurement of
  3 18 products or services concerning a public works which is paid
  3 19 for, in whole or in part, by public funds.  Public works is
  3 20 defined as any public building, public construction work, or
  3 21 public improvement.
  3 22    The bill amends Code section 12.72 to provide that moneys
  3 23 in the vision Iowa fund are considered public funds to which
  3 24 new Code section 72.6 applies.
  3 25    The bill creates new Code section 72.6 to prohibit a public
  3 26 contracting entity from requiring any person to become a
  3 27 member of a labor organization, to be required to use a
  3 28 referral screening process through a labor organization, or to
  3 29 pay dues or fees to a labor organization as a condition for
  3 30 being eligible to be a party to or work on a public works
  3 31 project.  The bill prohibits a public contracting entity from
  3 32 requiring a person to enter into any agreement with a labor
  3 33 organization as a condition of being involved in a public
  3 34 works project.  The bill also prohibits a public contracting
  3 35 entity from discriminating against any person for refusing or
  4  1 failing to remain a party to any agreement prohibited by this
  4  2 new Code section or for bringing a civil action to enforce
  4  3 this new Code section.
  4  4    The new Code section provides that the section can be
  4  5 enforced through a civil action, including injunctive relief.
  4  6 The bill provides that any aggrieved person, including any
  4  7 taxpayer of the state, has standing to bring a civil action to
  4  8 enforce the new Code section in the district court for the
  4  9 county in which the aggrieved person is a resident.  A public
  4 10 contracting entity found to have violated this section shall
  4 11 be required to pay attorney fees, expert witness expenses, and
  4 12 court costs relating to the civil action.
  4 13    The bill takes effect upon enactment.  
  4 14 LSB 5983SV 79
  4 15 ec/sh/8
     

Text: SF02048                           Text: SF02050
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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