2021 -- S 0741

========

LC002118

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

____________

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS – AFFIRMATIVE ACTION PLANS

     Introduced By: Senators Mendes, Bell, Anderson, and Mack

     Date Introduced: March 26, 2021

     Referred To: Senate Judiciary

     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 2.7

AFFIRMATIVE ACTION PLANS

     37-2.7-1. Affirmative action plans.

     The director of the department of administration and the office of diversity, equity and

opportunity shall promulgate rules and regulations to ensure that contractors and subcontractors

undertake programs of affirmative action and equal employment opportunity. Such rules and

regulations shall require a contractor, after notice in a bid solicitation, to submit an affirmative

action and equal employment opportunity plan or program after bid opening and prior to the award

of any contract, and shall require the contractor or subcontractor to submit compliance reports

relating to the contractor’s or subcontractor’s operation and implementation of current and prior

year affirmative action and equal employment opportunity plan or program in effect as of the date

the contract is executed.

     37-2.7-2. Applicability.

     This chapter shall apply to any and all state procurements, including, but not limited to, the

procurement of goods, services, public works projects, or contracts funded in whole or in part by

state funds, or funds which, in accordance with a federal grant or otherwise, the state expends or

administers, or in which the state is a signatory to the construction contract.

     37-2.7-3. Reporting.

     (a) The department of administration and office of diversity, equity and opportunity shall

annually produce an affirmative action progress report, which shall include, but not be limited to,

data on gender, age, and race demographics for all state contracts granted in the last five (5) years

and shall chart growth, progress, and implementation of affirmative action plans among all state

procurements.

     (b) The affirmative action progress report produced pursuant to subsection (a) of this

section shall be made public and shall be prominently posted on the department of administration's

website.

     SECTION 2. This act shall take effect upon passage.

========

LC002118

========

LC002118 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC PROPERTY AND WORKS – AFFIRMATIVE ACTION PLANS

***

     This act would require a contractor to submit an affirmative action and equal employment

opportunity plan or program prior to the award of any contract, and may require the contractor to

submit compliance reports with respect to the operation and implementation of the affirmative

action and equal employment opportunity plan or program in effect as of the date the contract is

executed.

     This act would take effect upon passage.

========

LC002118

========

LC002118 - Page 3 of 3