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

     

     Introduced By: Senator Dawn M. Euer

     Date Introduced: January 24, 2024

     Referred To: Senate Labor

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 37-2-82 of the General Laws in Chapter 37-2 entitled "State

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Purchases" is hereby amended to read as follows:

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     37-2-82. Utilization of North American Contractor Certification companies.

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     (a) All public works renovation projects that exceed an aggregate amount of one million

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dollars ($1,000,000), and all new construction projects that exceed an aggregate amount of five

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million dollars ($5,000,000), that include glazing work, shall have glazing work performed by

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North American Contractor Certification (“NACC”) certified companies and initially, on and after

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July 1, 2024, shall have one architectural glass and metal technician (“AGMT”) certified worker

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employed by the company or contractor. On and after January 1, 2025, each crew performing work

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that meets the criteria of this section shall have one AGMT certified worker on site. On and after

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January 1, 2026, for each crew performing work that meets the criteria of this section, twenty-five

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percent (25%) of that crew shall be comprised of AGMT certified individuals on site. On and after

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January 1, 2027, for each crew performing work that meets the criteria of the section, fifty percent

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(50%) of that crew shall be comprised of AGMT certified individuals on site.

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     (b) As used herein, the term “glazing work” includes, but is not limited to, replacement and

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installation of windows, curtain walls, interior glass partitions, glass handrails, aluminum

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entrances, skylights, store fronts, and general installation of architectural glass and metal.

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     (c)(1) The department of labor and training shall enforce the provisions of this chapter. If

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the director, or designee, determines that a violation of these provisions has occurred, the director,

 

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or designee, shall order a hearing at a time and place to be specified, and shall give notice, together

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with a copy of the complaint or the purpose thereof, or a statement of the facts disclosed upon

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investigation, which notice shall be served personally or by mail on any person, business,

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corporation, or entity of any kind affected thereby.

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     (2) The person, business, corporation, or entity shall have an opportunity to be heard in

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respect to the matters complained of at the time and place specified in the notice.

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     (3) The hearing shall be conducted by the director, or designee. The hearing officer in the

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hearing shall be deemed to be acting in a judicial capacity, and shall have the right to issue

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subpoenas, administer oaths, and examine witnesses. The enforcement of a subpoena issued under

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this section shall be regulated by civil practice law and the rules of civil procedure. The hearing

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shall be expeditiously conducted and upon such hearing the hearing officer shall determine the

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issues raised and shall make a determination and enter an order within thirty (30) days of the close

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of the hearing, and forthwith serve a copy of the order, with a notice of the filing, upon the parties

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to the proceeding, personally or by mail.

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     (4) The order shall dismiss the complaint or determine that a violation of the provisions of

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this chapter occurred. The order shall represent a final action by the department of labor and

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training.

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     (d) Any contractor or subcontractor determined to have violated the provisions of this

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chapter shall be subject to a civil penalty of not less than one thousand five hundred dollars ($1,500)

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and not greater than three thousand dollars ($3,000), and shall be subject to the revocation of any

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relevant professional or occupational license, if the violation is deemed to have been intentional or

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egregious.

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     (e) This section is applicable to all public works projects that fit the other criteria as

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provided in 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 -- STATE PURCHASES

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     This act would give authority to the department of labor and training to enforce violations

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relating to the performance of glazing work. This act would also add civil monetary penalties for

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violations of the chapter.

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     This act would take effect upon passage.

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