SECOND REGULAR SESSION
SENATE BILL NO. 1091
91ST GENERAL ASSEMBLY
INTRODUCED BY SENATOR LOUDON.
Read 1st time January 31, 2002, and 1,000 copies ordered printed.
TERRY L. SPIELER, Secretary.
4310S.01I
AN ACT
To amend chapter 34, RSMo, by adding thereto five new sections relating to establishment of the open contracting act.
Section A. Chapter 34, RSMo, is amended by adding thereto five new sections, to be known as sections 34.203, 34.206, 34.209, 34.212 and 34.215, to read as follows:
34.203. The provisions of sections 34.203 to 34.215 shall be known and may be cited as the "Open Contracting Act".
34.206. The provisions of sections 34.203 to 34.215 are to prohibit public agencies from imposing certain labor requirements as a condition of performing public works.
34.209. The state and political subdivisions, agencies and instrumentalities thereof, when engaged in procuring products or services or letting contracts for manufacture of public works, or overseeing such procurement, construction or manufacture, shall ensure that bid specification, project agreements and other controlling documents, entered into, required or subject to approval by the subdivision, agency or instrumentality, do not:
(1) Require bidders, offerors, contractors or subcontractors to enter into or adhere to agreements with one or more labor organizations on the same or related projects;
(2) Discriminate against bidders, offerors, contractors or subcontractors for refusing to become or remain signatories or otherwise adhere to agreements with one or more labor organizations on the same or related construction projects; or
(3) Require any bidder, offeror, contractor or subcontractor to enter into, adhere to or enforce any agreement that requires its employees as a condition of employment to:
(a) Become members of or become affiliated with a labor organization; or
(b) Pay dues or fees to a labor organization, over an employee's objection, in excess of the employee's share of labor organization costs relating to collective bargaining, contract administration or grievance adjustment.
34.212. 1. The state and political subdivisions and any agencies or instrumentalities thereof shall not issue grants or enter into cooperative agreements for construction projects a condition of which requires that bid specifications, project agreements or other controlling documents pertaining to the grant or cooperative agreement contain any of the elements specified in section 34.209.
2. The state and political subdivisions or any agencies or instrumentalities thereof shall exercise such authority as may be required to preclude a grant recipient or party to a cooperative agreement from imposing any of the elements specified in section 34.209 in connection with any grant or cooperative agreement awarded or entered into.
34.215. Any interested party, which shall include a bidder, offeror, contractor, subcontractor, or taxpayer, shall have any standing to challenge any bid specification, project agreement, controlling document, grant or cooperative agreement which violated the provisions of sections 34.203 to 34.215, and shall be awarded costs and attorney's fees in the event that the challenge prevails.