Amends TCA Title 12, Chapter 4 and Title 50, Chapter 3.

This bill prohibits local government entities from requiring a prime or subcontractor (collectively referred to as "contractors" in this Bill Summary), as part of a contract to improve real property, to:<br /> <br /> (1) Obtain or gather personnel information or data of the contractor's employees except to the extent required under federal or state law;<br /> <br /> (2) Provide personnel information or data of the contractor's employees to any person or entity except to the extent required by federal or state law;<br /> <br /> (3) Adhere to safety and health standards in excess of that required under OSHA and TOSHA rules;<br /> <br /> (4) Provide access to a worksite to anyone who would not otherwise have a legal right to access the worksite under federal or state law; or<br /> <br /> (5) Provide access to personnel information or data of anyone furnishing labor or materials on a worksite to a third party unless otherwise required by federal or state law.<br /> <br /> ON APRIL 1, 2021, THE SENATE SUBSTITUTED HOUSE BILL 1112 FOR SENATE BILL 1150, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 1112, AS AMENDED.<br /> <br /> AMENDMENT #1 replaces "subcontractor" with "remote contractor" and adds the following to the list of actions that the specified entities are prohibited from requiring a contract or remote contractor to take as part of an improvement of real property, or (as added by this amendment) a bid, proposal or agreement relating to such an improvement:<br /> <br /> (A) Require written contracts or agreements for the provision of labor or materials furnished in furtherance of the improvement, unless otherwise required by federal or state law;<br /> <br /> (B) Be responsible for another party's compliance with a written agreement relating to the improvement, except as otherwise required by federal or state law; or <br /> <br /> (C) Offer direct employment to a temporary laborer or an employee regardless of the temporary laborer's or temporary employee's length of service.<br /> <br /> In regard to the prohibition described above in the bill summary in (1), this amendment adds that the contractor may not be required to disclose the personnel information; and in regard to the prohibition described above in the bill summary in (5), this amendment includes a non-employee and specifies that the prohibition will not apply if such access is required by federal or state law or the third party is a certified public accountant retained by the government entity to conduct an overall audit of the prime contract for the improvement.<br /> <br /> This amendment also adds that:<br /> <br /> (a) Unless otherwise required by federal or state law, an ordinance, rule, or policy adopted by a government entity to which this bill applies that attempts to prevent or restrict a prime contractor or remote contractor from bidding on or accepting a contract for the improvement of real property based on the contractor's failure or refusal to perform an act described in this bill as amended or that attempts to provide a preference to a contractor that is willing to perform such act, is void as against the public policy of this state; and<br /> <br /> (b) A government entity to which this bill applies may only restrict a prime contractor or remote contractor from bidding, proposing, or accepting a contract or furnishing labor or material for an improvement to real property based upon a final finding or order that the prime contractor or remote contractor committed a willful violation of federal or state law. <br />