{"data":{"id":"us-ky/krs-45a.488","jurisdiction":"us-ky","citation":"KRS 45A.488","heading":"Restrictions on requirements relating to labor organizations in bid","body":"specifications and other contract documents -- Grants, tax abatements, and tax\ncredits -- Exemption for threat to public health or safety.\n(1) A public agency awarding a contra ct for a public works project shall not in the bid\nspecifications, project agreements, or other contract documents:\n(a) Require or give preference to a bidder, offeror, or contractor in any contractor\ntier to enter into or adhere to an agreement with a lab or organization relating\nto the public works contract or any other public works project; or\n(b) Prohibit a bidder, offeror, or contractor in any contractor tier from entering\ninto or adhering to an agreement with a labor organization relating to the\npublic works project or any other public works project.\n(2) A public agency shall not award a grant, tax abatement, or tax credit that is\nconditioned upon a requirement that a person awarded the grant, tax abatement, or\ntax credit include a term described in sub section (1) of this section in a contract\ndocument for any public works project that is the subject of the grant, tax\nabatement, or tax credit.\n(3) This section does not do any of the following:\n(a) Prohibit a public agency from awarding a contract, grant, tax abatement, or tax\ncredit to a private owner, bidder, or contractor in any contractor tier who is\nparty to an agreement with a labor organization if being or becoming a party\nor adhering to an agreement with a labor organization is not a condition for\naward of the contract, grant, tax abatement, or tax credit;\n(b) Prohibit a contractor in any contractor tier from voluntarily entering into or\ncomplying with an agreement entered into with a labor union in regard to a\ncontract with a public agency or funde d in whole or in part from a grant, tax\nabatement, or tax credit from a public agency;\n(c) Prohibit employers or other parties from entering into agreements or engaging\nin any other activity protected by the National Labor Relations Act, 29 U.S.C.\nsecs. 151 et seq.; or\n(d) Interfere with labor relations of parties that are not regulated under the\nNational Labor Relations Act, 29 U.S.C. secs. 151 et seq.\n(4) A public agency may exempt a particular project, contract in any contractor tier,\ngrant, tax abatemen t, or tax credit from the requirements of any or all of the\nprovisions of this section if the public agency finds, after public notice and hearing,\nthat special circumstances require an exemption to avert an imminent threat to\npublic health or safety. A fi nding of special circumstances under this subsection\nmay not be based on the possibility or presence of a labor dispute concerning:\n(a) The use of contractors at any contractor tier who are not signatories to, or\notherwise do not adhere to, agreements with  one (1) or more labor\norganizations; or\n(b) Employees on the project who are not members of, or affiliated with, a labor\norganization.","path":["KRS Chapter 45A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48662","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:07Z","sha256":"3dd62fad5823d6e8f931d43ac804d973e8fffdc678e1b25f36b87dc5519acfe9","source_id":"us-ky","stale":false,"prev":"us-ky/krs-45a.487","next":"us-ky/krs-45a.489"},"notice":"GroundRules: Original legal text. Not legal advice."}