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HB 0362 - Public works contracts; governmental entities and Department of Administrative Services; provide certain contracting and bidding requirements

Tracking Level: Watch
Sponsor: Lindsey, Edward 54th
Last Action: 3/5/2013 - Senate - Senate Read and Referred
State Code Titles: 13 / 36 / 50
House Committee: I&L
Senate Committee: UAff
Assigned To:
Finance - Capital OutlayNext Bill

Staff Analysis of the Legislation

            This bill would amend Part 1 of Article 1 of Chapter 10 of Title 13, Code Section 36-91-21 and Part 1 of Article 3 of Chapter 5 of Title 50 of the O.C.G.A. regarding government bids and associated requirements. It would prohibit the following items in bid documents, specs, project agreements or other controlling documents for a public works contract:

1.      Requiring pre-hire agreements, project labor agreements, collective bargaining agreements or any other agreement with one or more labor organizations;

2.      Discriminate against any bidder—contractors to suppliers—for becoming or refusing to have agreements with one or more labor organizations;

In spite of the above prohibitions, nothing in the bill would prohibit bidders from voluntary agreements with such organizations. The head of a government entity may exempt a construction contract from the requirements if, after a notice and public meeting, he/she determines than there could be a special circumstance of threat to public health or safety. Labor disputes would not be considered a special circumstance.


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text