Chap. 165.—An ACT to regulate highway contractors’ association.

[H B 53]
Approved April 3, 1923.

1. Be it enacted by the general assembly of Virginia, That
for the purposes of this act “Highway Contractors’ Associa-
tion” shall mean any association, bureau, agency, gr other
medium, incorporated or unincorporated, whose object or work
is to promote the common welfare of, and “ or to furnish in-
formation to, and ,’ or to promote co-operation among, and ’ or
to stimulate the demand for the services of, and / or to advertise
the members thereof.

2. For the purposes of this act “Member of Highway Con-
tractors’ Association” shall mean any individual, co-partnership,
or corporation engaged in contracting for the construction, re-
pair and maintenance of highway and highway bridges, and for
supplying labor, material, machinery and supplies for use in
highway and highway bridges, who are members of, stock-
holders in, subscribers of, contributors to, or in any way
affiliated with, any highway contractors’ association, as above
defined.

3. Every highway contractors’ association domiciled in this
State shall on or before the first day of July, nineteen hundred
and twenty-three, and semi-annually thereafter, furnish in
writing to the secretary of State the following information: (a)
The names and postoffice address of all of its members. Where
such member is a firm, the names and addresses of the members
of the firm. Where the members are corporations, the names of
the officers of such corporation. (b) The names and postoffice -
addresses of the officers of such highway contractors’ associa-
tion and the duties of such officers and their salaries. (c) The
property and income of such highway contractors’ association
and by whom same is paid. (d) An itemized statement of the
expenditures of such association. (e) A copy of the charter and
by-laws, if incorporated, and a copy of the constitution and by-
laws, if unincorporated. Such statements shall become public
records.

4. All papers, accounts and records of every nature, of
every highway contractors’ association, a member of which sub-
mits a bid for any construction, maintenance or repair of any
public highway or bridge, or for the supplying of labor, material
or supplies for any such construction, repair or maintenance,
whether such highway association be domiciled in Virginia or
any such foreign highway contractors’ association doing busi-
ness in Virginia shall be at all times during the ordinary busi-
ness hours of the day open to examination and inspection by
the governor, attorney-general, auditor of public accounts, the
State accountant, the State highway commission and any mem-
ber of the State highway commission and the duly authorized
agent or representative of. any of said officers or of said com-
mission.

5. If any highway contractors’ association, whether
domiciled in Virginia or not, on application of any person au-
thorized by this act to examine and inspect its records, shall
refuse to permit such examination and inspection of its papers,
accounts and records, or fail to produce at its principal office
for examination and inspection any of its papers, accounts or
records when requested so to do, or shall knowingly withhold
from examination and inspection any of its papers, accounts and
records, for the purpose of secreting any of its acts or activities,
or the amount or sources of, or the use made of its revenue, the
person requesting or making such examination and inspection
shall report the fact to the governor, who shall certify the fact
to the chairman of the State highway commission; and no con-
tract for highway or highway bridge construction, repair or
maintenance, or for the supplying of any labor, materials or
supplies for such construction, repair or maintenance, shall be
thereafter let to any member of such association until the
governor shall have certified to the highway commission that a
full examination and inspection of the papers, accounts and
records of such association has been made with the free consent
and co-operation of such association, which examination and in-
spection discloses nothing in the purposes, methods, or activities
of such association detrimental to the public interest or tending
to prevent competition in or increase the cost of highway and
highway bridge construction, repair or maintenance in this
State, and that none of its revenue has been used for political
purposes.
6. Every individual, co-partnership or corporation bidding
upon any proposed contract for the construction, repair or
maintenance of any part of any public highway or bridge and
for supplying any labor, material, or supplies to be used in any
such construction, repair or maintenance, shall file with such
bid a sworn statement giving the name and location of the
principal office of every highway contractors’ association of
which he is, or has been a member (as herein defined) during
the preceding twelve months; and no bid not accompanied by
such certificate shall be considered by the State highway com-
mission in letting any contract bid upon, or any such contract
let by the State highway commission to any bidder failing to
file the certificate required by this paragraph.

7. Every member of any highway contractors’ association
who bids-upon any work let by the State highway commission
chall file with his bid an affidavit in substance as follows: that
the bidder neither directly or indirectly has entered into any
combination or arrangement with any person, firm or corpora-
tion, or entered into any agreement, the effect of which is to ~
prevent competition or increase the cost of construction or
maintenance of roads or bridges.

The State highway commission shall prescribe the form of
this affidavit, and no bid shall be accepted unless accompanied
by such affidavit.

8. If upon any such inspection or examination as is herein
provided for, it shall be found that any highway contractors’
association of which any individual, co-partnership or corpora-
tion holding a contract for the construction, maintenance, or
repair of any public highway or bridge or for supplying any
labor, materials or supplies for any such construction, repair or
maintenance, has made use of methods or engaged in activities
tending to prevent competition in the bidding on such contract,
or to increase the cost of such contract to the State or county or
has brought to bear or endeavored to bring to bear political t-
fluence to secure for such member such contract, then the State
highway commission may, at its option, cancel and annul such
contract, paying thereon for the work done, or labor, material
and supplies furnished, only the reasonable value of the work
done or labor, material and supplies furnished.

I, Jno. W. Williams, clerk of the house of delegates of Vir-
ginia, do hereby certify that the session of the general assembly
of Virginia at which the acts of assembly herein printed were
enacted, adjourned sine die on March twenty-ninth, nineteen
hundred and twenty-three.

JNO. W. WILLIAMS,
Clerk of the House of Delegates of Virginia.