2015 -- H 5956

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LC002219

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS - THE OPEN CONTRACTING ACT

     

     Introduced By: Representatives Nunes, and Jacquard

     Date Introduced: March 20, 2015

     Referred To: House Labor

     It is enacted by the General Assembly as follows:

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

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

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CHAPTER 25

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THE OPEN CONTRACTING ACT

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

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Contracting Act."

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

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

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

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an agency or authority of either.

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

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

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

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capability in all respects to fully perform the contract requirements.

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     37-25-3. Prohibited practices. – (a) Contract specifications issued by public bodies

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

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

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

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

 

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

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

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

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

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     (b) Provided, however, nothing in this chapter shall prohibit a successful bidder or any of

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its subcontractors from entering into or adhering to agreements with one or more labor

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organizations on the same or related projects, provided the agreements are made voluntarily and

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without coercion.

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

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

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workforce.

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

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

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superior court to enjoin the act.

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     (b) Damages and attorneys' fees. A court of competent jurisdiction may award damages

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

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action filed under subsection (a) of this section.

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     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 from containing

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provisions requiring that the bidder for the contract utilize workers represented by a labor

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organization.

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     This act would take effect upon passage.

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