SENATE BILL NO. 305

INTRODUCED BY F. THOMAS

A BILL FOR AN ACT ENTITLED: "AN ACT PROHIBITING A REQUIREMENT FOR PROJECT LABOR AGREEMENTS AND OTHER TYPES OF PREHIRE AGREEMENTS ON PUBLIC WORKS CONTRACTS."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Prohibition -- project labor agreement. (1) Notwithstanding the provisions of 18-2-409 and 18-2-422, the state or any political subdivision that contracts for the construction, maintenance, repair, or improvement of public works may not require that a contractor, subcontractor, or material supplier or carrier engaged in the construction, maintenance, repair, or improvement of public works execute or otherwise become a party to any project labor agreement, collective bargaining agreement, prehire agreement, or other agreement with employees, their representatives, or any labor organization as a condition of bidding, negotiating, being awarded, or performing work on a public works contract.

(2) For the purposes of this section, "public works" means:

(a) a building, road, street, sewer, storm drain, water system, irrigation system, reclamation project, or other facility owned or to be contracted for by the state or a political subdivision and that is paid for in whole or in part with tax revenue paid by residents of the state; or

(b) any other construction service or nonconstruction service as defined in 18-2-401.

NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 18, chapter 2, part 4, and the provisions of Title 18, chapter 2, part 4, apply to [section 1].

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