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Senate advances SB 139 restricting preferential treatment based on employer wages in contracting

Utah State Senate · February 15, 2005
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Summary

After vigorous floor debate on economic development and contracting, the Senate voted 15-10-4 to advance SB 139, which prohibits preferential treatment in government contracting based on an employer's wage commitments; sponsors say it targets procurement decisions, not economic-development incentives.

The Utah Senate advanced Senate Bill 139 after an extended debate over whether local governments should be permitted to give preference in contracts to employers who pay higher wages.

Senator Stevenson, sponsor, said the bill addresses preferential treatment that could develop in public contracting: "This has nothing to do with bringing a business into the area ... this affects those that are contracting to provide goods or services to the city." He and counsel said the bill does not interfere with statutes or programs designed to attract higher-paying jobs through economic-development incentives.

Opponents warned of unintended consequences. Senator Allen asked whether the bill would bar municipalities from considering wages when negotiating public investments or infrastructure support for an existing employer; sponsor counsel responded the measure targets procurement and contracting and was not intended to restrict economic-development efforts. Senator Maine and others argued that preventing local governments from asking about wages or benefits could effectively promote low-wage strategies and shift costs to taxpayers in the form of public assistance.

Senators discussed broader policy options including a state minimum-wage study during the interim as an alternative to a patchwork of local wage preferences. After floor debate, the Senate recorded a roll call of 15 yes, 10 no with 4 absent and ordered SB 139 read for the third time.

The final outcome places the bill in the formal process for enactment while leaving open further policy discussions about statewide minimum wages or alternate approaches to encourage higher-paying jobs.