State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2320: development agreements; prohibited agreements

PRIME SPONSOR: Representative Livingston, LD 22

BILL STATUS: Commerce

 

Legend: Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to prohibited agreements for a municipality or county when entering a development agreement.   

Provisions

1.       States that the public interest regarding the rates of wages paid under development agreements takes precedence over local, municipal or county interests and is of state-wide concern.  (Sec. 1,2)

2.       Prohibits municipalities or counties from having development agreements requiring wages to be no less than the prevailing rate for work of a similar nature in Arizona or political subdivision where the project is located.  (Sec. 1,2) 

3.       Prohibits municipalities or counties from requiring a development agreement with a contractor, subcontractor, material supplier or carrier to do any of the following as a condition for bidding, negotiating, being awarded or working on a development agreement:

a.       Become a party to a project labor agreement with a labor organization;

b.       Enter a neutrality agreement with a labor organization; and 

c.        Participate or contribute in an apprenticeship program that is registered with the U.S. Department of Labor. (Sec. 1,2)

4.       Specifies that the aforementioned prohibition does not:

a.       Prohibit private parties from entering collective bargaining relationships.

b.       Regulate or interfere with labor relation activities protected by law.  (Sec. 1,2,)

5.       Defines a neutrality agreement as an agreement to the following:

a.       Remain neutral toward a labor organization;

b.       Release private employee information not required by federal labor law;

c.        Allow access to property beyond what is required by federal labor law; and

d.       Recognize a labor organization without a secret ballot election conducted under federal law.  (Sec. 1,2) 

6.       Defines a project labor agreement as any prehire, collective bargaining, model construction or similar type of agreement with one or more labor organizations that establishes the terms and conditions of employment on a construction project.  (Sec. 1,2)

Current Law

The state of Arizona and any political subdivision, along with any corporation, individual or association, is prohibited from entering into an agreement to exclude any person from employment due to non-membership in a labor organization.  (A.R.S. § 23-1302)

Statute defines a labor organization as an organization or agency who represents employees and exists for dealing with employers regarding grievances, labor disputes, wages, rates of pay, hours of employment or other working conditions.  (A.R.S. § 23-1301) 

 

 

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Fifty-third Legislature                  HB 2320

Second Regular Session                               Version 1: Commerce

 

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