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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011
SENATE BILL NO. 76
BY SENATOR MARTINY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PUBLIC CONTRACTS. Prohibits public entities from requiring certain agreements related
to labor organizations as a condition of bidding on projects. (gov sig)
AN ACT1
To amend and reenact R.S. 38:2211(A)(12) and to enact R.S. 38:2225.5, relative to contracts2
by public entities; to provide for certain restrictions; to provide for definitions; to3
provide for an effective date; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 38:2211(A)(12) is hereby amended and reenacted and R.S. 38:2225.56
is hereby enacted to read as follows: 7
§2211. Definitions8
A. As used in this Chapter unless the context clearly indicates otherwise, the9
following terms shall mean:10
* * *11
(12) "Public work" means the operation, erection, construction, alteration,12
improvement, or repair of any public facility or immovable property owned, used,13
or leased by a public entity.14
* * *15
§2225.5. Contracts in which public entities are participants; prohibitions and16
duties; contractors' rights; employees' rights17 SB NO. 76
SLS 11RS-120 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
A. Unless required by federal law, each public entity, when engaged in1
procuring products or services or letting contracts for construction,2
manufacture, or operation of public works paid for in whole or in part by state3
or local funds, or when overseeing or administering such procurement,4
construction, manufacture, or operation, shall ensure that bid specifications,5
project agreements, and other controlling documents, entered into, required,6
or subject to approval by the public entity do not:7
(1) Require bidders, offerors, contractors, subcontractors, or operators8
to:9
(a) Enter into or adhere to agreements with one or more labor10
organizations on the same or related projects.11
(b) Enter into any agreement whereby they are required to remain12
neutral toward any labor organization.13
(c) Pay predetermined or prevailing wages.14
(2) Discriminate against bidders, offerors, contractors, subcontractors,15
or operators for refusing to:16
(a) Become or remain signatories or otherwise adhere to agreements17
with one or more labor organizations on the same or related projects.18
(b) Enter into any agreement whereby they are required to remain19
neutral toward any labor organization.20
(3) Require any bidders, offerors, contractors, subcontractors, or21
operators to enter into, adhere to, or enforce any agreement that requires any22
employee as a condition of employment to:23
(a) Become a member of or become affiliated with a labor organization.24
(b) Pay dues or fees to a labor organization over the employee's25
objection.26
B. No public entity shall provide financial assistance, issue a grant, or27
enter into a cooperative agreement for any project a condition of which requires28
that bid specifications, project agreements, or other controlling documents29 SB NO. 76
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words in boldface type and underscored are additions.
pertaining to the financial assistance, grant, or cooperative agreement contain1
any of the elements prohibited in Subsection A of this Section. Furthermore,2
each public entity shall exercise such authority as may be required to preclude3
a grant recipient or party to a cooperative agreement from imposing any of the4
elements prohibited in Subsection A of this Section in connection with any grant5
or cooperative agreement awarded or entered into.6
C. Nothing herein shall prohibit contractors or subcontractors from7
voluntarily entering into agreements described in this Section.8
D. Any interested party, which shall include a bidder, offeror,9
contractor, subcontractor, operator, or taxpayer, shall have standing to10
challenge any bid specification, project agreement, neutrality agreement,11
controlling document, grant, or cooperative agreement which violates the12
provisions of this Section. Furthermore, such party is authorized to and shall13
receive injunctive relief to prevent violations of this Section upon a proper14
showing under the standards of the Louisiana Code of Civil Procedure.15
Section 2. If any provision or item of this Act or the application thereof is held16
invalid, such invalidity shall not affect other provisions, items, or applications of this Act17
which can be given effect without the invalid provisions, items, or applications, and to this18
end the provisions of this Act are hereby declared severable.19
Section 3. The provisions of this instrument are enacted pursuant to the police power20
of the state.21
Section 4. This Act shall become effective upon signature by the governor or, if not22
signed by the governor, upon expiration of the time for bills to become law without signature23
by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If24
vetoed by the governor and subsequently approved by the legislature, this Act shall become25
effective on the day following such approval.26 SB NO. 76
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michelle Ducharme.
DIGEST
Proposed law requires a public entity, unless otherwise required by federal law, when
engaged in procuring products or services or letting contracts for construction, manufacture,
or operation of public works paid for in whole or in part by public funds, or when overseeing
or administering such procurement, construction, manufacture, or operation, to ensure that
bid specifications, project agreements, and other controlling documents entered into,
required, or subject to approval by the public entity do not:
(1)Require bidders, offerors, contractors, subcontractors, or operators to:
(a)Enter into or adhere to agreements with one or more labor organizations on
the same or related projects.
(b) Enter into agreements whereby they are required to remain neutral toward
any labor organization.
(c)Pay predetermined or prevailing wages.
(2)Discriminate against bidders, offerors, contractors, subcontractors, or operators for
refusing to:
(a)Become or remain signatories or otherwise adhere to agreements with one or
more labor organizations on the same or related projects.
(b)Enter into any agreement whereby they are required to remain neutral toward
any labor organization.
(3)Require any bidders, offerors, contractors, subcontractors, or operators to enter into,
adhere to, or enforce any agreement that requires any employee as a condition of
employment to:
(a)Become a member of or become affiliated with a labor organization.
(b)Pay dues or fees to a labor organization over the employee's objection.
Proposed law prohibits public entities from providing financial assistance, issuing grants,
or entering into cooperative agreements for projects that restrict certain rights of employers
or their employees.
Proposed law does not prevent contractors and subcontractors from voluntarily entering into
various agreements.
Proposed law allows any interested party to challenge any bid specification, project
agreement, neutrality agreement, controlling document, grant, or cooperative agreement
which violates proposed law. Provides for injunctive relief for violation of proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 38:2211(A)(12); adds R.S. 38:2225.5)