Session of 1999
By Committee on Ways and Means

  9             AN  ACT concerning alternate dispute resolution programs and proce-
10             dures; relating to certain contracts for public works projects or the
11             acquisition of goods or services for state agencies and authorities.
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. (a) Except as otherwise provided by this section, each con-
15       tract for or on behalf of the state, or any agency thereof or any authority
16       created thereby, for the construction, alteration or repair of any public
17       building or public work or for the acquisition of materials, equipment,
18       supplies or services shall contain provisions by which the contractor
19       agrees that:
20             (1) The contractor shall establish and maintain an internal dispute
21       resolution program under which the contractor offers and makes available
22       to employees of the contractor, and agrees to participate in, alternate
23       dispute resolution procedures, including mediation, in matters involving
24       complaints of discrimination against any such employee in the perform-
25       ance of work under the present contract because of race, religion, color,
26       sex, disability, national origin or ancestry upon the request of such em-
27       ployees; and
28             (2) if the contractor fails to so establish, maintain and participate in
29       such alternate dispute resolution procedures with employees of the con-
30       tractor, the contractor shall be deemed to have breached the present
31       contract and such contract may be canceled, terminated or suspended,
32       in whole or in part, by the contracting agency.
33             (b) The provisions of this section shall not apply to a contract entered
34       into by a contractor:
35             (1) Who employs fewer than four employees during the term of the
36       contract; or
37             (2) whose contracts with the state or any agencies thereof cumula-
38       tively total $5,000 or less during the state fiscal year.
39             (c) The provisions of this section shall not apply to any complaint,
40       dispute or other matter governed by a collectively negotiated agreement
41       between a contractor and the employees of the contractor.
42        Sec.  2. This act shall take effect and be in force from and after its
43       publication in the statute book.