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MO SB468
Bill
Status
1/4/2012
Primary Sponsor
Brian Munzlinger
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AI Summary
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Expands the "Fairness in Public Construction Act" to prohibit public entities from requiring or prohibiting bidders and contractors from entering into agreements with labor organizations on any project funded with public funds (changed from requiring greater than 50% public funding).
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Eliminates the authority of public bodies to require union-only project labor agreements, except through a multi-step process requiring impact analysis, public notice, hearing within 14-30 days, and written determination with rational basis, with 30-day appeal rights to the labor and industrial relations commission.
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Modifies prevailing wage determination to remove consideration of collective bargaining agreements and instead use the mean rate of wages paid generally in the locality, with fallback to federal Bureau of Labor Statistics data when local wage surveys are unavailable.
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Revises prevailing wage violation procedures to change the penalty notice process, allow 45-day dispute periods with mandatory arbitration, and preclude enforcement action if back wages are paid before department action is taken.
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Provides standing for any bidder or potential bidder to seek equitable relief and monetary damages in court for violations, including contract reissuance, reassignment, or attorney's fees; makes all provisions non-severable.
Legislative Description
Modifies the law relating to project labor agreements and the prevailing wage
Last Action
Second Read and Referred S Small Business, Insurance and Industry Committee
1/5/2012