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22-9-807. Exceptions — Special circumstances.
Arkansas Code — all titles (historical 2020) · legal_authorities
22-9-807. Exceptions — Special circumstances.
(a) The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of § 22-9-804 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety.
(b) A finding of special circumstances under this section shall not be based on the possibility or presence of a labor dispute concerning:
(1) The use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one (1) or more collective bargaining organizations; or
(2) Employees on the project who are not members of or affiliated with a collective bargaining organization.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-9-807
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:22-9-807
Source file: gov.ar.code.title.22.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 118501c2350a264bec982f276a94d7ff3c4c395cb159c646439288d61c7c43e0
Source location: content.xml paragraph 7247
Stored source content
22-9-807. Exceptions — Special circumstances.
(a) The head of a public agency may exempt a particular project, contract, subcontract, grant, tax abatement, or tax credit from the requirements of § 22-9-804 if the public agency finds, after public notice and hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety.
(b) A finding of special circumstances under this section shall not be based on the possibility or presence of a labor dispute concerning:
(1) The use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one (1) or more collective bargaining organizations; or
(2) Employees on the project who are not members of or affiliated with a collective bargaining organization.
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Arkansas Code — all titles (historical 2020) · legal_authorities
22-9-804. Public agency construction contracts — Prohibited terms.
A public agency that awards a contract for the construction, repair, remodeling, or demolition of a public improvement, or obligating funds pursuant to such a contract, shall ensure that neither the awarding public agency nor a construction manager acting on behalf of the public agency includes in its bid specifications, project agreements, or other controlling documents any of the following:
(1) A term that requires, prohibits, encourages, or discourages bidders, contractors, or subcontractors from entering into or adhering to agreements with a collective bargaining organization relating to the construction project or a related construction project; or
(2) A term that discriminates against bidders, contractors, or subcontractors based on the status as a party or nonparty to, or the willingness or refusal to enter into, an agreement with a collective bargaining organization relating to the construction project or a related construction project.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 22-9-804
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 22-9-804. This identifies an authority to review, not proof of applicability.