An Act Regarding Labor Contracts for Public Works Projects
Maine Legislature, Session 125, LD 1257
Committee Amendment CA_A_S254 (Senate)
Amends: 26 MRSA §1304

COMMITTEE AMENDMENT "A" to S.P. 378, L.D. 1257, Bill, "An Act 
Regarding Labor Contracts for Public Works Projects" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 26 MRSA § 1304, first ~, as repealed and replaced by PL 1967, c. 403, is 
repealed and the following enacted in its place: 
As used in this section, unless the context otherwise indicates, the following terms 
have the following meanings. 
Sec. 2. 26 MRSA §1304, sub-§5-A is enacted to read: 
5-A. 
Interested party. 
"Interested party" means a bidder, contractor or 
subcontractor for a public works contract covered by this chapter.' 
Amend the bill in section 3 in § 1316 by striking out all of subsection 1 (page 1, lines 
to 27 in L.D.) and inserting the following: 
'1. Contract documents. A public authority may not impose, as a condition of 
awarding a bid under this chapter, the following: 
A. Requiring an interested party to enter into or comply with an agreement with a 
labor organization on the same or a related public works project; 
B. 
Discriminating against an interested party for refusing to enter into, remain a 
signatory to or comply with an agreement with a labor organization on the same or a 
related public works project; or 
C. Requiring an interested party to enter into or comply with an agreement that 
requires an employee of the interested party, as a condition of employment, to: 
(1) Become a member of or become affiliated with a labor organization; or 
(2) Over the objection of the employee, pay dues or fees to a labor organization 
that exceed the employee's share of the labor organization's costs relating to 
collective bargaining, contract administration or grievance adjustment.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 378, L.D. 1257 
Amend the bill in section 3 in § 1316 in subsection 3 in paragraph B in subparagraph 
(3) inthe first line (page 2, line 8 in L.D.) by striking out the following: "requested by the 
interested party" and inserting the following: 'as determined by the court' 
SUMMARY 
This amendment, which is the majority report of the committee, specifies that a 
public authority may not impose as a condition of awarding a bid a requirement on an 
employer to enter into or comply with certain agreements with labor organizations. The 
amendment removes an employee of a bidder, contractor or subcontractor for a public 
works contract and a taxpayer from the definition of "interested party," which describes 
those who have standing to bring action to challenge the awarding of a public works 
contract for violating these provisions. 
It clarifies that the court determines other 
appropriate relief to be awarded in an action rather than stating that an interested party 
that prevails in an action is entitled to any other appropriate relief requested by that party. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: OS/27111 
frac:::.. 
LD 1257 
LR 1934(02) 
An Act Regarding Labor Contracts for Public Works Projects 
Fiscal Note for Bill as Amended by Committee Amendment "tk' S - 254-
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
" . 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LR 1934(02) - Fiscal Note - Page 1 of I