HB1523 (2016) Detail

Relative to government construction contracts.


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HB 1523 - AS INTRODUCED

 

2016 SESSION

\t16-2691

\t05/04

 

HOUSE BILL\t1523

 

AN ACT\trelative to government construction contracts.

 

SPONSORS:\tRep. Abramson, Rock. 20; Rep. L. Turcotte, Straf. 4; Rep. Spillane, Rock. 2; Rep. Hoell, Merr. 23; Rep. Aldrich, Belk. 2; Rep. Eastman, Hills. 28; Sen. Reagan, Dist 17

 

COMMITTEE:\tLabor, Industrial and Rehabilitative Services

 

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ANALYSIS

 

\tThis bill provides that project labor agreements shall not be included in government construction contracts.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2691

\t05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to government construction contracts.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

\t1  Findings.  The general court finds that open competition in governmental construction contracts is necessary to promote and ensure fair competition in the award and execution of such contracts.  Therefore, to prevent discrimination against governmental bidders, offerors, contractors, or subcontractors based upon labor affiliation or the lack thereof, the general court declares that neither the state nor municipalities should include project labor agreements as part of the competitive bid process or the award of government construction contracts.

\t2  New Chapter; Government Construction Contracts.  Amend RSA by inserting after chapter 280 the following new chapter:

CHAPTER 280-A

Government Construction Contracts

\t280-A:1  Definitions.  In this chapter:

\t\tI.  “Construction” means the act, trade, or process of building, erecting, constructing, adding, repairing, remodeling, rehabilitating, reconstructing, altering, converting, improving, expanding, or demolishing of a building, structure, facility, road, or highway, and includes the planning, designing, and financing of a specific construction project.

\t\tII.  “Governmental entity” means the state, a political subdivision, or any agency or spending unit thereof.

\t\tIII.  “Project labor agreement” means any pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project.

\t280-A:2  Certain Labor Requirements Not To Be Imposed on Contractor Or Subcontractor.

\t\tI.  Commencing July 1, 2017, no governmental entity or a construction manager acting on behalf of a governmental entity, seeking a construction bid solicitation, awarding a construction contract or obligating funds to a construction contract, shall include the following in the bid specifications, bid requests, project agreements, or any other controlling documents for the construction project:

\t\t\t(a)  A requirement or prohibition that a bidder, offeror, contractor, or subcontractor must enter into or adhere to a project labor agreement;

\t\t\t(b)  A term, clause, or statement that infers, either directly or indirectly, that a bidder, offeror, contractor, or subcontractor must enter into or adhere to a project labor agreement;

\t\t\t(c)  A term, clause, or statement that rewards or punishes a bidder, offeror, contractor, or subcontractor for becoming or remaining, or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, a project labor agreement; or

\t\t\t(d)  Any other provision dealing with project labor agreements.

\t\tII.  This section shall not:

\t\t\t(a)  Prohibit a governmental entity from awarding a contract to a bidder, contractor, or subcontractor who enters into or who is party to an agreement with a labor organization, if being or becoming a party or adhering to an agreement with a labor organization is not a condition for award of the contract and if the governmental entity does not discriminate against a bidder, contractor, or subcontractor in the awarding of that contract based upon the status as being or becoming, or the willingness or refusal to become, a party to an agreement with a labor organization.

\t\t\t(b)  Prohibit a bidder, contractor, or subcontractor from voluntarily entering into or complying with an agreement entered into with one or more labor organizations in regard to a contract with a governmental entity.

\t\t\t(c)  Prohibit employers or other parties from entering into agreements or engaging in any other activity protected by the National Labor Relations Act, 29 U.S.C. sections 151 to 169.

\t\t\t(d)  Interfere with labor relations of parties that are left unregulated under the National Labor Relations Act, 29 U.S.C  sections 151 to 169.

\t\t\t(e)  Prohibit a governmental agency from including other wage and benefit requirements as part of the bid specifications, project agreement, or other controlling documents for the construction project.

\t280-A:3  Exemptions.  The head of a governmental entity may exempt a particular project, contract, or subcontract from the requirements of any or all of the provisions of RSA 280-A:2 if the governmental unit finds, after public notice and a hearing, that special circumstances require an exemption to avert an imminent threat to public health or safety.  A finding of special circumstances under this section may not be based on the possibility or presence of a labor dispute concerning the use of contractors or subcontractors who are nonsignatories to, or otherwise do not adhere to, agreements with one or more labor organizations or concerning employees on the project who are not members of or affiliated with a labor organization.

\t3  Effective Date.  This act shall take effect January 1, 2017.