ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

House: GE DP 7-6-0-0 | 3rd Read 31-28-0-0-1

Senate: GOV DP 4-3-1-0 | HHS DPA/SE 5-3-0-0 | 3rd Read 16-13-1-0


HB 2014: GRRC; petition to request review

NOW: public works contracts; prohibited requirements

Sponsor:  Representative Biasiucci, LD 5

Senate Engrossed

The House Engrossed version of HB 2014 permits a person to petition the Governors Regulatory Review Council to review an existing practice, substantive policy statement or final rule of the Citizens Clean Elections Commission.

The Senate adopted a strike-everything amendment that does the following:

Overview

Adds additional actions to which agencies and political subdivisions may not require a contractor, subtractor or supplier do as a condition of or a factor in bidding, negotiating, being awarded or performing work on a public works contract.

History

Agencies and political subdivisions of Arizona may not require in a public works contract, as a condition of or factor in bidding, negotiating, being awarded or performing work on a public works contract, a contractor, subcontractor, material supplier or carrier engaged in public works construction, maintenance, repair or improvement to: 1) negotiate, execute or become a party to a project labor agreement or other agreement with employees, employees' representatives or a labor organization; 2) enter into a neutrality agreement with a labor organization; or 3) participate in or contribute to a U.S. Department of Labor registered apprenticeship program.

Additionally, an agency or political subdivision may not require public works contracts to contain a provision requiring a contractor or subcontractor to pay wages that are at least the prevailing rate for work of a similar nature in the state or political subdivision (A.R.S. § 34-321).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteIncludes, to the list of actions that an agency or political subdivision is prohibited from requiring in a public works contract as a condition of or a factor in bidding, negotiating, being awarded or performing work on a public works contract:

a)   providing a wage or salary amount that is different than what the agency or political subdivision requires for other contracts or industries operating in the jurisdiction of or on behalf of the agency or political subdivision;

b)   demonstrating the existence of a labor management agreement, employee grievance policy or procedure or similar management practice, including a harmony or labor peace agreement; and

c)   demonstrating labor organization status.

2.   Applies the prohibition when a contractor, subcontractor or supplier is evaluating a public works contract.

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6.                     HB 2014

7.   Initials SJ/AG        Page 0 House Engrossed

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