SB307 Alabama 2012 Session

Summary

Primary Sponsor

Cam Ward

Republican

Co-Sponsors

J.T. WaggonerTrip PittmanPaul BussmanTom WhatleyMark Slade Blackwell

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

SB307 creates the Fair and Open Competition in Governmental Construction Act to stop public agencies from requiring or restricting union-related terms in construction contracts and related documents, with certain exemptions.

What This Bill Does

If passed, the bill would require bid specs, project agreements, and other controlling documents to avoid terms that require or discourage collective bargaining or discriminate based on union status. It would also prohibit awarding grants, tax abatements, or tax credits that are conditioned on including such terms, and would render any such terms void. The act provides exemptions (e.g., for contracts entered before a certain date and protections under the National Labor Relations Act) and clarifies that it does not override existing labor laws or prohibit certain private contracts if not conditioned on union-related terms.

Who It Affects

• Public agencies (state, counties, cities, towns, school districts, and related entities) that award construction contracts, grants, or tax incentives.
• Bidders, contractors, and subcontractors on public construction projects who would be affected by the presence or absence of union-related terms in bid specs and agreements.
• Labor unions and collective bargaining organizations, insofar as the act restricts terms that require or discourage union membership or bargaining, and protects against discrimination based on union status.
• Recipients of grants, tax abatements, or tax credits tied to construction projects that might otherwise require union-related terms.

Key Provisions

• Section 4: Prohibits including terms in bid specs or project documents that require, prohibit, encourage, or discourage union-related collective bargaining, and prohibits discrimination based on union status.
• Section 5: Prohibits granting funds or tax incentives that condition awards on including union-related terms in contract documents.
• Section 6: Prohibits public agencies or their contractors from placing union-related terms in controlling documents; any such term is void.
• Section 7: Establishes exemptions (contracts executed before November 1, 2012; protections under the National Labor Relations Act; and no prohibition on awarding contracts to private parties if not conditioned on union terms and no discrimination).
• Section 8: Sets the act's effective date after gubernatorial approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Public Works