HB334 Alabama 2012 Session

Summary

Primary Sponsor

Randy Davis

Republican

Co-Sponsors

John MerrillMike HubbardEd HenryBarry MooreApril WeaverMary Sue McClurkinMicky HammonHoward SanderfordJim BartonRandy WoodJim McClendonSteve McMillanJack WilliamsMike BallJay LoveJim Carns

Session

Regular Session 2012

Title

Public Works, Fair and Open Competition in Governmental Construction Act, establish, public agencies prohibited from entering contracts and making certain awards, certain terms prohibited in certain documents, certain persons prohibited from placing certain terms in certain documents, exemptions

Summary

HB334 creates the Fair and Open Competition in Governmental Construction Act to ban requiring or rewarding union-related terms in public construction contracts and related documents.

What This Bill Does

If enacted, the bill would bar public agencies from including terms in bid specs, project agreements, or other controlling documents that push or discourage collective bargaining agreements or discriminate based on union status. It would also prevent grants, tax abatements, or tax credits from being conditioned on including such terms, and would void any such terms that are already included. The act provides exemptions for certain pre-November 2012 contracts, preserves NLRA protections, and clarifies that being party to a union agreement should not be a condition for award.

Who It Affects

• Public agencies at the state and local levels (including counties, cities, school districts, and related departments) that award construction contracts or provide grants/tax incentives, by restricting how they structure bidding documents and awards.
• Bidders, contractors, subcontractors, construction managers, and grant/tax incentive recipients who bid on or work on publicly funded construction projects, who are protected from terms tying awards to union-status requirements and must avoid discriminatory terms related to collective bargaining.

Key Provisions

• Prohibits terms in bid specifications, project agreements, or controlling documents that require, prohibit, encourage, or discourage entering into or adhering to collective bargaining agreements or discriminate based on CBC status (Section 4).
• Prohibits awarding grants, tax abatements, or tax credits conditioned on including such union-related terms in contract documents, and prohibits discrimination based on union status in awarding these incentives (Section 5).
• Requires that any such union-related terms included by a public agency or its contractors in bid specs or project documents be void and have no effect (Section 6).
• Provides exemptions for contracts executed before November 1, 2012, preserves NLRA protections, and ensures that being or becoming party to a collective bargaining agreement is not a condition for award if no discrimination occurs (Section 7).
• Sets the act to take effect on the first day of the third month after passage and governor approval (Section 8).

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Public Works