An Act Regarding Labor Contracts for Public Works Projects
Maine Legislature, Session 125, LD 1257
Committee Amendment CA_A-SA_C_S318 (Senate)
Amends: 26 MRSA §1304, 26 MRSA §1316

SENATE AMENDMENT "C "to COMMITTEE AMENDMENT "A" to S.P. 378, 
L.D. 1257, Bill, "An Act Regarding Labor Contracts for Public Works Projects" 
Amend the amendment by striking out everything after the title and before the 
surnmary and inserting the following: 
'Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 26 MRS A §1304, first~, as repealed and replaced by PL 1967, c. 403, is 
repealed and the following enacted in its place: 
As used in this chapter, 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. 
Sec. 3. 26 MRSA §1316 is enacted to read: 
§1316. Public works contract requirements 
This section applies to public works contracts entered into by the Department of 
Transportation, the Department of Administrative and Financial Services, Bureau of 
General Services and the Maine Turnpike Authority for the construction, repair or 
improvement of roads, highways, bridges, streets or alleys or entered into, awarded or 
renewed by a public authority from October 1, 2011 to October 1, 2015. 
, 
1. Contract documents. The Department of Transportation, the Department of 
Administrative and Financial Services, Bureau of General Services and the Maine 
Turnpike Authority, as a condition of awarding a bid under this chapter, may not: 
A. Require a bidder, contractor or subcontractor to enter into or comply with or 
prohibit a bidder, contractor or subcontractor from entering into or complying with an 
agreement with a labor organization on the same or a related public works project; 
SENATE AMENDMENT 
~:CJ~~· 1 
SENATE AMENDMENT "e "to COMMITTEE AMENDMENT "A" to S.P. 378, L.D. 1257 
B. Discriminate against a bidder, contractor or subcontractor that becomes, refuses to 
enter into or remains a signatory to or complies with an agreement with a labor 
organization on the same or a related public works project; 
C. Require a bidder, contractor or subcontractor to enter into or comply with or 
prohibit a bidder, contractor or subcontractor from entering into or complying with an 
agreement that requires an employee of the bidder, contractor or subcontractor, 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. 
This section does not prohibit a contractor or subcontractor from voluntarily entering into 
an agreement described in paragraphs A and C. 
The Commissioner of Transportation, the Director of the Bureau of General Services 
within the Department of Administrative and Financial Services and the Executive 
Director of the Maine Turnpike Authority may exempt a particular project, contract, 
subcontract, grant or cooperative agreement from the requirements of the provisions of 
paragraph A, B or C, if the agency head finds that special circumstances require an 
exemption and it is in the best economic interest of the project. 
2. Cooperation with the federal National Labor Relations Act. This section does 
not prohibit an employer or any other person covered by the federal National Labor 
Relations Act, 29 United States Code, Chapter 7, Subchapter II from entering into 
agreements or engaging in any other activity protected by law. This section may not be 
interpreted to interfere with the labor relations of persons covered by the federal National 
Labor Relations Act. 
3. 
Compliance. 
In the event that a public authority, bidder, contractor or 
subcontractor performs in a manner contrary to the provisions of subsection I, the head of 
the public authority or the designee of the head of the public authority shall take such 
action consistent with law and rule as the agency determines appropriate.' , 
SUMMARY 
This amendment incorporates the changes made by Senate Amendment "B" to 
Committee Amendment "A" and corrects a clerical error regarding the scope of 
application of a definition section. 
SPONSORED B~-I1~~~~-""'------jlf--"-~=->«--I<-,~'dL.oCl'4L2:.aG-~ 
(Senator THOMAS) 
, 
COUNTY: Somerset 
FISCAL ~OTE REQt'lRED 
(See attached) 
SENATE AMENDMENT 
Completed: 06/15/11 
LD 1257 
LR 1934(08) 
An Act Regarding Labor Contracts for Public Works Projects 
Fiscal Note for Senate Amendment "C:' to Committee Amendment "A" $- '31g' 
Sponsor: Sen. Thomas of Somerset 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
Decreases the number of civil suits 
The filing fees may also decrease General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
As fiscal notes for floor amendments are incremental, the minor impact shown above reflects the reversal of the 
impact from the committee amendment. Overall, the amended bill is not anticipated to have a significant financial 
impact on state government. 
T ,R 1914(OR\ -
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