2014 -- S 2725

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LC004703

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- THE OPEN CONTRACTING ACT

     Introduced By: Senator David E.Bates

     Date Introduced: March 05, 2014

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 37 of the General Laws entitled "PUBLIC PROPERTY AND

WORKS" is hereby amended by adding thereto the following chapter:

CHAPTER 25

THE OPEN CONTRACTING ACT

     37-25-1. Short title. -- This chapter shall be known as and may be cited as "The Open

     Contracting Act."

     37-25-2. Definitions. -- The following words and phrases when used in this chapter shall

have the meanings given to them in this section unless the context clearly indicates otherwise.

     (1) "Public body" means the state of Rhode Island or any of its political subdivisions, or

an agency or authority of either.

     (2) "Public works" means the construction, reconstruction, demolition, alteration or repair

work, other than routine maintenance work, contracted for by a public body.

     (3) "Responsible bidder" means a person, partnership or corporation that has the

capability in all respects to fully perform the contract requirements.

     37-25-3. Prohibited practices. -- Contract specifications issued by public bodies

soliciting bids on public works projects shall not include any of the following:

     (1) A requirement that a successful bidder or any of its subcontractors utilize workers:

     (i) Represented by one or more designated labor organizations; or

     (ii) Referred by one or more designated labor organizations.

     (2) A requirement that a successful bidder's existing workforce or any of his or her

subcontractors' workforces affiliate with or pay dues or fees to a labor organization.

     (3) A requirement that a successful bidder or any of its subcontractors recognize a labor

organization as the exclusive representative of any of its employees on the public works project.

However, nothing in this chapter shall prohibit a successful bidder or any of its subcontractors

from entering into or adhering to agreements with one or more labor organizations on the same or

related projects, provided the agreements are made voluntarily and without coercion.

     37-25-4. Discrimination prohibited. – It shall be an unlawful practice for a public body

to consider or use as a criterion in its selection process the union or nonunion status of a bidder's

workforce.

     37-25-5. Enforcement. – (a) General rule.-- A party which is aggrieved by an act

committed by a public body which violates §§ 37-25-3 or 37-25-4 may file an action in the

superior court to enjoin the act.

     (b) Damages and attorney fees. -- A court of competent jurisdiction may award damages

and shall award reasonable attorney fees and costs to the aggrieved party that is successful in an

action filed under subsection (a) of this section.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS -- THE OPEN CONTRACTING ACT

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     This act would prohibit contract specifications issued by public bodies soliciting bids on

public work projects from: (1) Requiring a successful bidder or any subcontractor to utilize union

workers; (2) Requiring a successful bidder or any subcontractor existing workforce affiliate with

or pay dues or fees to a labor organization; (3) Requiring them to recognize a labor organization

as the exclusive representative of any of its employees unless agreements are made voluntarily

and without coercion.

     This act would take effect upon passage.

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