Session of 1999
SENATE BILL No. 277
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.