The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Michael Bell.
DIGEST
SB 194 Engrossed 2018 Regular Session Bishop
Present law provides that when each public entity, 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 state or local funds, or when overseeing or administering such procurement, construction,
manufacture, or operation, shall 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.
Present law specifies that the provisions of present law shall not apply to the following:
(1)Any inmate work-release program.
(2)Any contract under the Louisiana Quality Jobs Program. (3)Any contract or cooperative endeavor agreement pursuant to the Incumbent Worker Training
Program.
(4)Any public-private agreement for any construction or infrastructure project in which the
private entity, as a condition of its investment or partnership with the public entity, requires
that the private entity have the right to control its labor relations policy with its own
employees and the employees of its contractors and subcontractors in any manner permitted
by the National Labor Relations Act.
Proposed law retains present law and specifies that any local governmental subdivisions shall not
apply to the provisions of present law.
Effective August 1, 2018.
(Amends R.S. 38:2225.5(E))