2024 -- S 2235 | |
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LC004546 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
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A N A C T | |
RELATING TO PUBLIC PROPERTY AND WORKS -- STATE PURCHASES | |
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Introduced By: Senator Dawn M. Euer | |
Date Introduced: January 24, 2024 | |
Referred To: Senate Labor | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 37-2-82 of the General Laws in Chapter 37-2 entitled "State |
2 | Purchases" is hereby amended to read as follows: |
3 | 37-2-82. Utilization of North American Contractor Certification companies. |
4 | (a) All public works renovation projects that exceed an aggregate amount of one million |
5 | dollars ($1,000,000), and all new construction projects that exceed an aggregate amount of five |
6 | million dollars ($5,000,000), that include glazing work, shall have glazing work performed by |
7 | North American Contractor Certification (“NACC”) certified companies and initially, on and after |
8 | July 1, 2024, shall have one architectural glass and metal technician (“AGMT”) certified worker |
9 | employed by the company or contractor. On and after January 1, 2025, each crew performing work |
10 | that meets the criteria of this section shall have one AGMT certified worker on site. On and after |
11 | January 1, 2026, for each crew performing work that meets the criteria of this section, twenty-five |
12 | percent (25%) of that crew shall be comprised of AGMT certified individuals on site. On and after |
13 | January 1, 2027, for each crew performing work that meets the criteria of the section, fifty percent |
14 | (50%) of that crew shall be comprised of AGMT certified individuals on site. |
15 | (b) As used herein, the term “glazing work” includes, but is not limited to, replacement and |
16 | installation of windows, curtain walls, interior glass partitions, glass handrails, aluminum |
17 | entrances, skylights, store fronts, and general installation of architectural glass and metal. |
18 | (c)(1) The department of labor and training shall enforce the provisions of this chapter. If |
19 | the director, or designee, determines that a violation of these provisions has occurred, the director, |
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1 | or designee, shall order a hearing at a time and place to be specified, and shall give notice, together |
2 | with a copy of the complaint or the purpose thereof, or a statement of the facts disclosed upon |
3 | investigation, which notice shall be served personally or by mail on any person, business, |
4 | corporation, or entity of any kind affected thereby. |
5 | (2) The person, business, corporation, or entity shall have an opportunity to be heard in |
6 | respect to the matters complained of at the time and place specified in the notice. |
7 | (3) The hearing shall be conducted by the director, or designee. The hearing officer in the |
8 | hearing shall be deemed to be acting in a judicial capacity, and shall have the right to issue |
9 | subpoenas, administer oaths, and examine witnesses. The enforcement of a subpoena issued under |
10 | this section shall be regulated by civil practice law and the rules of civil procedure. The hearing |
11 | shall be expeditiously conducted and upon such hearing the hearing officer shall determine the |
12 | issues raised and shall make a determination and enter an order within thirty (30) days of the close |
13 | of the hearing, and forthwith serve a copy of the order, with a notice of the filing, upon the parties |
14 | to the proceeding, personally or by mail. |
15 | (4) The order shall dismiss the complaint or determine that a violation of the provisions of |
16 | this chapter occurred. The order shall represent a final action by the department of labor and |
17 | training. |
18 | (d) Any contractor or subcontractor determined to have violated the provisions of this |
19 | chapter shall be subject to a civil penalty of not less than one thousand five hundred dollars ($1,500) |
20 | and not greater than three thousand dollars ($3,000), and shall be subject to the revocation of any |
21 | relevant professional or occupational license, if the violation is deemed to have been intentional or |
22 | egregious. |
23 | (e) This section is applicable to all public works projects that fit the other criteria as |
24 | provided in this section. |
25 | 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 -- STATE PURCHASES | |
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1 | This act would give authority to the department of labor and training to enforce violations |
2 | relating to the performance of glazing work. This act would also add civil monetary penalties for |
3 | violations of the chapter. |
4 | This act would take effect upon passage. |
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