HB 446 - AS INTRODUCED
2017 SESSION
17-0409
05/03
HOUSE BILL 446
AN ACT relative to state construction contracts.
SPONSORS: Rep. Seaworth, Merr. 20; Rep. L. Turcotte, Straf. 4; Sen. Reagan, Dist 17
COMMITTEE: Executive Departments and Administration
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This bill provides that project labor agreements shall not be included in state agency construction contracts.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0409
05/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to state construction contracts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds that fair and open competition in state construction contracts is necessary to provide for more economical, nondiscriminatory, neutral, and efficient procurement of construction related goods and services by this state and political subdivisions of this state as market participants. Therefore, to prevent discrimination against state bidders, offerers, contractors, or subcontractors based upon labor affiliation or the lack thereof, the general court declares that project labor agreements should not be included as part of the competitive bid process or the award of large state construction contracts.
2 New Chapter; State Construction Contracts. Amend RSA by inserting after chapter 280 the following new chapter:
CHAPTER 280-A
STATE CONSTRUCTION CONTRACTS
280-A:1 Definitions. In this chapter:
I. "Agency'' means any department, commission, board, institution, bureau, office, or other entity, by whatever name called, established in the state constitution, statutes, session laws, or executive orders.
II. “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.
III. “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.
280-A:2 Certain Labor Requirements Not to be Imposed on Contractor or Subcontractor.
I. Commencing July 1, 2018, no agency or construction manager acting on behalf of an agency, seeking a construction bid solicitation, awarding a construction contract, or obligating funds to a construction contract, shall include the following in the bid specifications, the bid requests, the project agreements, or any other controlling documents for the construction project:
(a) A requirement or prohibition that a bidder, offerer, contractor, or subcontractor must enter into or adhere to a project labor agreement;
(b) A term, clause, or statement that implies, either directly or indirectly, that a bidder, offerer, contractor, or subcontractor must enter into or adhere to a project labor agreement; or
(c) A term, clause, or statement that rewards or punishes a bidder, offerer, 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.
II. This section shall not:
(a) Prohibit an agency 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 agency 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.
(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 an agency.
(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.
(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.
(e) Prohibit an agency from including other wage and benefit requirements as part of the bid specifications, project agreement, or other controlling documents for the construction project.
280-A:3 Exemptions. The commissioner or head of the agency may exempt a particular project, contract, or subcontract from the requirements of any or all of the provisions of RSA 280-A:2 if he or she 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.
3 Effective Date. This act shall take effect January 1, 2018.
| Date | Body | Type |
|---|---|---|
| Jan. 25, 2017 | House | Hearing |
| Feb. 8, 2017 | House | Exec Session |
| Feb. 15, 2017 | House | Floor Vote |
Feb. 15, 2017: Inexpedient to Legislate: MA VV 02/15/2017 HJ 7 P. 12
Feb. 15, 2017: Committee Report: Inexpedient to Legislate for 02/15/2017 (Vote 17-2; CC) HC 11 P. 10
Feb. 8, 2017: Executive Session: 02/08/2017 10:30 AM LOB 306
Jan. 25, 2017: Public Hearing: 01/25/2017 01:15 PM LOB 306
Jan. 5, 2017: Introduced 01/05/2017 and referred to Executive Departments and Administration HJ 3 P. 13