Text: SSB03025 Text: SSB03027 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 5983XC 79 4 15 ec/sh/8
Text: SSB03025 Text: SSB03027 Text: SSB03000 - SSB03099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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