SB161 Alabama 2014 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Paul Sanford
Republican
Co-Sponsors: Mark Slade Blackwell Cam Ward Del Marsh Paul Bussman J.T. Waggoner Jimmy Holley Phillip W. Williams Gerald H. Allen Bryan Taylor Arthur Orr Rusty Glover Scott Beason Greg J. Reed Bill Hightower Gerald O. Dial Trip Pittman Clay Scofield
Session: Regular Session 2014
Title: Public works, Fair and Open Competition in Governmental Construction Act, public agencies prohibited from entering contracts and making certain awards based on collective bargaining agreements, certain terms prohibited in certain documents, exemptions
Summary: Creates the Fair and Open Competition in Governmental Construction Act to bar public agencies from using contracts, documents, or awards that enforce or penalize collective bargaining agreements, with limited exemptions.
What This Bill Does
It would stop public agencies from including terms in bid specs, project agreements, or other controlling documents that require, prohibit, encourage, or discriminate based on collective bargaining status. It would also prohibit awarding grants, tax abatements, or tax credits conditioned on such terms and would void any such terms already in use. The act allows a public agency head to exempt a project after a public notice and hearing if special circumstances require it to protect health or safety, and it preserves NLRA rights, excludes pre-enactment contracts, and does not block awards to parties in a CBA when not a condition for the award.

Who It Affects
Public agencies in Alabama (state, counties, cities, school districts, and related entities) and their construction managers/contractors, who would need to remove or avoid terms about collective bargaining in procurement documents and awards.
Bidders, contractors, subcontractors, private project owners, and recipients of grants, tax abatements, or tax credits, who would be protected from terms based on union status and from awards being conditioned on such terms.

Key Provisions
Section 4 bans terms in bid specs, project agreements, or other documents that require/oppose or discriminate based on participation in a collective bargaining agreement.
Section 5 prohibits grants, tax abatements, or tax credits from being conditioned on including such terms in construction-related documents.
Section 6 voids any such terms placed in bid specs or controlling documents.
Section 7 allows public agency exemptions for a project after notice and hearing when necessary to avert imminent health or safety threats, not based on labor disputes.
Section 8 preserves National Labor Relations Act rights, does not apply to pre-enactment contracts, and allows awards to parties in CBAs if not conditioned on CBA status.

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