Amendments for HB25-1130
House Journal, March 10
13 HB25-1130 be amended as follows, and as so amended, be referred to
14 the Committee on Appropriations with favorable
15 recommendation:
16
17 Amend printed bill, strike everything below the enacting clause and
18 substitute:
19
20 "SECTION 1. In Colorado Revised Statutes, add 24-92-115.5 as
21 follows:
22 24-92-115.5. Public projects - use of project labor agreements
23 - definitions. (1) AS USED IN THIS SECTION, UNLESS THE CONTEXT
24 OTHERWISE REQUIRES:
25 (a) "AGENCY OF GOVERNMENT" HAS THE MEANING SET FORTH IN
26 SECTION 24-92-201 (1).
27 (b) "CRAFT LABOR" MEANS EMPLOYEES WHO ARE ENGAGED IN THE
28 CONSTRUCTION OF A PUBLIC PROJECT, INCLUDING ALL TRADES, CRAFTS,
29 AND OCCUPATIONS THAT ARE PAID HOURLY.
30 (c) "LEAD CONTRACTOR" MEANS A GENERAL CONTRACTOR,
31 CONSTRUCTION MANAGER, DEVELOPER, DESIGN BUILDER, OR OTHER PARTY
32 THAT IS PRIMARILY RESPONSIBLE TO AN AGENCY OF GOVERNMENT FOR
33 PERFORMING CONSTRUCTION UNDER A CONTRACT FOR A PUBLIC PROJECT.
34 (d) "PROJECT LABOR AGREEMENT" MEANS A PREHIRE COLLECTIVE
35 BARGAINING AGREEMENT BETWEEN A LEAD CONTRACTOR FOR A PUBLIC
36 PROJECT OF AN AGENCY OF GOVERNMENT AND CONSTRUCTION LABOR
37 ORGANIZATIONS, INCLUDING BUT NOT LIMITED TO THE COLORADO
38 BUILDING AND CONSTRUCTION TRADES COUNCIL AND ITS AFFILIATES OR A
39 GROUP OF LABOR UNIONS COVERING THE AFFECTED TRADES NECESSARY
40 TO PERFORM WORK ON THE PUBLIC PROJECT, THAT ESTABLISHES THE
41 TERMS AND CONDITIONS OF EMPLOYMENT OF THE CONSTRUCTION
42 WORKFORCE ON THE PUBLIC PROJECT. A PROJECT LABOR AGREEMENT
43 MUST INCLUDE PROVISIONS THAT:
44 (I) SET FORTH EFFECTIVE, IMMEDIATE, AND MUTUALLY BINDING
45 PROCEDURES FOR RESOLVING JURISDICTIONAL LABOR DISPUTES AND
46 GRIEVANCES ARISING BEFORE THE COMPLETION OF WORK;
47 (II) CONTAIN GUARANTEES AGAINST STRIKES, LOCKOUTS, OR
48 SIMILAR ACTIONS;
49 (III) ENSURE A RELIABLE SOURCE OF TRAINED, SKILLED, AND
50 EXPERIENCED CRAFT LABOR;
51 (IV) FURTHER PUBLIC POLICY OBJECTIVES REGARDING IMPROVED
52 EMPLOYMENT OPPORTUNITIES FOR MINORITIES, WOMEN, OR OTHER
53 ECONOMICALLY DISADVANTAGED POPULATIONS IN THE CONSTRUCTION
54 INDUSTRY, INCLUDING PERSONS FROM DISPROPORTIONATELY IMPACTED
55 COMMUNITIES, TO THE EXTENT PERMITTED BY STATE AND FEDERAL LAW;
1 (V) PERMIT THE SELECTION OF THE LOWEST QUALIFIED
2 RESPONSIBLE BIDDER OR LOWEST QUALIFIED RESPONSIBLE OFFEROR
3 WITHOUT REGARD TO UNION OR NON-UNION STATUS AT OTHER
4 CONSTRUCTION SITES;
5 (VI) BIND ALL CONTRACTORS AND SUBCONTRACTORS ON THE
6 PUBLIC PROJECT TO THE PROJECT LABOR AGREEMENT THROUGH THE
7 INCLUSION OF APPROPRIATE BID SPECIFICATIONS IN ALL RELEVANT
8 CONTRACT DOCUMENTS; AND
9 (VII) INCLUDE OTHER TERMS AS THE PARTIES DEEM APPROPRIATE.
10 (e) "PUBLIC PROJECT" HAS THE MEANING SET FORTH IN SECTION
11 24-92-201 (5).
12 (2) AN AGENCY OF GOVERNMENT IS AUTHORIZED TO INCORPORATE
13 A PROJECT LABOR AGREEMENT REQUIREMENT FOR A PUBLIC PROJECT IN
14 THE AMOUNT OF ONE MILLION DOLLARS OR MORE IF THE PROJECT LABOR
15 AGREEMENT WILL PROMOTE SUCCESSFUL PROJECT DELIVERY BY SECURING
16 A SKILLED LABOR FORCE FOR THE PROJECT AND IF IT WILL PROMOTE COST
17 EFFICIENCY, SAFETY, QUALITY, AND TIMELY COMPLETION OF THE PROJECT.
18 THE DETERMINATION TO ENTER INTO A PROJECT LABOR AGREEMENT IS AT
19 THE DISCRETION OF THE AGENCY OF GOVERNMENT.
20 SECTION 2. In Colorado Revised Statutes, 24-92-115, amend
21 (1)(a) introductory portion as follows:
22 24-92-115. Apprenticeship utilization requirements -
23 mechanical, electrical, and plumbing contracts - public projects -
24 definition. (1) (a) Unless prohibited by applicable federal law, and
25 except as otherwise provided in subsection (1)(b) of this section, the
26 contract for any public works project that does not receive federal money,
27 including a public project that will have an integrated project delivery
28 contract pursuant to article 93 of this title 24, in the amount of one million
29 dollars or more shall require the general contractor or other firm to which
30 the contract is awarded to submit, at the time the mechanical, electrical,
31 or plumbing subcontractor is put under contract, documentation to the
32 agency of government that:
33 SECTION 3. Act subject to petition - effective date. This act
34 takes effect July 1, 2027; except that, if a referendum petition is filed
35 pursuant to section 1 (3) of article V of the state constitution against this
36 act or an item, section, or part of this act within the ninety-day period
37 after final adjournment of the general assembly, then the act, item,
38 section, or part will not take effect unless approved by the people at the
39 general election to be held in November 2026 and, in such case, will take
40 effect July 1, 2027, or on the date of the official declaration of the vote
41 thereon by the governor, whichever is later.".
42
43
House Journal, March 27
5 Amendment No. 1, Business Affairs & Labor Report, dated March 6,
6 2025, and placed in member’s bill file; Report also printed in House
7 Journal, March 10, 2025.
8
9 As amended, ordered engrossed and placed on the Calendar for Third
10 Reading and Final Passage.
11
Senate Journal, April 25
HB25-1130 by Representative(s) Carter and Duran; also Senator(s) Danielson--Concerning labor
requirements for certain construction projects.
Senator Frizell moved to amend the Report of the Committee of the Whole to show that
the following Kirkmeyer floor amendment, (L.016) to HB25-1130, did pass.
Amend reengrossed bill, page 4, strike lines 26 and 27 and substitute:
"(V) PERMIT THE SELECTION OF THE HIGHEST QUALIFIED RESPONSIBLE
BIDDER WITH THE LOWEST QUALIFIED RESPONSIBLE OFFER".
Less than a majority of all members elected to the Senate having voted in the affirmative,
the amendment to the report of the Committee of the Whole was lost on the following roll
call vote:
YES 12 NO 23 EXCUSED 0 ABSENT 0
Amabile N Daugherty N Liston Y Rodriguez N
Baisley Y Exum N Lundeen Y Simpson Y
Ball N Frizell Y Marchman N Snyder N
Bridges N Gonzales J. N Michaelson N Sullivan N
Bright Y Hinrichsen N Mullica N Wallace N
Carson Y Jodeh N Pelton B. Y Weissman N
Catlin Y Kipp N Pelton R. Y Winter F. N
Cutter N Kirkmeyer Y Rich Y President N
Danielson N Kolker N Roberts N