Bill
Number: S.B. 1550
Quezada
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Mike Hans
FLOOR
AMENDMENT EXPLANATION
1. Allows public works
contracts to contain a requirement that participation or contribution in an
apprenticeship program be a condition of bidding, negotiating, being awarded or
performing a public works contract.
2. Requires political
subdivisions that use apprenticeships in the completion of a project to submit
a report to the Department of Economic Security on the number of veterans who
participated in the project.
3. Requires the Department
of Economic Security to aggregate any data submitted.
4. Defines political
subdivision.
5. Appropriates the sum of
$250,000 to the Department of Economic Security for the purpose of collecting
data and pursuant to this section.
Page 3,
between lines 7 and 8, insert:
"Sec. 6. Section
34-321, Arizona Revised Statutes, is amended to read:
START_STATUTE34-321. Public
policy; public works contracts; prohibitions; definitions
A. The
public interest in the rates of wages paid under public works contracts
transcends local or municipal interests and is of statewide concern.
B. Agencies
and political subdivisions of this state shall not require, by
regulation, or ordinance or in
any other manner, require public
works contracts to contain a provision requiring the wages paid by the
contractor or any subcontractor to be not less than the prevailing rate of
wages for work of a similar nature in the state or political subdivision where
the project is located.
C. Agencies
and political subdivisions of this state shall not require in any public works
contracts that a contractor, subcontractor, material supplier or carrier
engaged in the construction, maintenance, repair or improvement of public works
do any either of the following as a
condition of or a factor in bidding, negotiating, being awarded or performing
work on a public works contract:
1. Negotiate,
execute or otherwise become a party to any project labor agreement or other
agreement with employees, employees' representatives or any labor organization.
2. Enter
into a neutrality agreement with any labor organization.
3. Participate
in or contribute to an apprenticeship program that is registered with the
United States department of labor.
D. Subsection
C of this section does not:
1. Prohibit
private parties from entering into individual collective bargaining
relationships.
2. Regulate
or interfere with activity protected by law, including the national labor
relations act.
E. For
the purposes of this section:
1. "Agency"
has the same meaning prescribed in section 41‑1001.
2. "Neutrality
agreement" includes an agreement to remain neutral toward any labor
organization, release private employee information not required by federal
labor law, allow access to property beyond what is required by federal labor
law and recognize a labor organization without a secret ballot election
conducted pursuant to federal labor law.
3. "Political
subdivision" means a city, charter city, town, county, school district,
community college district, multi-county water conservation district,
industrial development authority or special taxing district established
pursuant to title 48 that is primarily supported by taxes.
4. "Project
labor agreement" means any prehire, collective bargaining, model
construction or similar type of agreement entered into with one or more labor
organizations, employees or employee representatives that establishes the terms
and conditions of employment on a construction project.
5. "Public
works contract" means a contract to which this state or a political
subdivision is a party involving the employment of laborers, workmen or
mechanics in the construction, alteration or repair of public buildings or
improvements.
Sec. 9. Title
34, chapter 3, article 2, Arizona Revised Statutes, is amended by adding
section 34-322, to read:
34-322. Political
subdivisions; veterans; project labor agreements; annual report; definitions
A. Beginning
january 31, 2020 and each january 31 thereafter, a political subdivision who
used apprenticeships to build a project shall submit a report to the department
of economic security on the number of veterans of the united states armed
forces who worked on a project that was built using apprenticeships in the
previous calendar year.
C. Beginning
March 31, 2020 and each March 31 thereafter, The department of economic
security shall prepare a report that aggregates any data submitted by political
subdivisions pursuant to subsection A of this section and submit the report to
the governor, the president of the senate and the speaker of the house of
representatives.
b.
for the purposes of this section, "Political subdivision" means a
city, charter city, town, county, school district, community college district,
multi-county water conservation district, industrial development authority or
special taxing district established pursuant to title 48 that is primarily
supported by taxes."
Renumber
to conform
Page 12,
after line 12, insert"
"Sec. 20 Appropriation; veteran apprenticeships; data collection; report
The sum of
$250,000 is appropriated from the general fund fund in fiscal year 2019-2020 to
the department of economic security for purpose of collecting data and
preparing a report pursuant to section 34-322, Arizona Revised Statutes."
Amend title to conform