Bill Text: NH SB274 | 2022 | Regular Session | Amended

New Hampshire Senate Bill 274 (Prior Session Legislation)

Bill Title: Relative to governmental construction contracts.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2022-05-04 - Inexpedient to Legislate: Motion Adopted Regular Calendar 177-154 05/04/2022 House Journal 11 [SB274 Detail]

Download: New_Hampshire-2022-SB274-Amended.html

SB 274 - AS AMENDED BY THE SENATE

02/03/2022 0429s

2022 SESSION

22-2915

07/11

SENATE BILL 274

AN ACT relative to governmental construction contracts.

SPONSORS: Sen. Bradley, Dist 3; Rep. Infantine, Hills. 13; Rep. Seaworth, Merr. 20; Rep. Turcotte, Straf. 4; Rep. McGuire, Merr. 29

COMMITTEE: Finance

-----------------------------------------------------------------

ANALYSIS

This bill removes labor agreements from the competitive bid process and awarding of state government and state government assisted construction contracts.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/03/2022 0429s 22-2915

07/11

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to governmental construction contracts.

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

1 Purpose. 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 the state shall not include project labor agreements as part of the competitive bid process or the award of state government construction contracts or state government assisted construction projects. Decision whether to use, or not use a project labor agreement shall be left with the contracting parties.

2 New Chapter; Government and Government-Assisted Construction Contracts. Amend RSA by inserting after chapter 9-F the following new chapter:

CHAPTER 9-G

GOVERNMENT AND GOVERNMENT-ASSISTED CONSTRUCTION CONTRACTS

9-G:1 Definitions. In this chapter:

I. "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.

II. “Governmental entity” means the state, or any state agency or spending unit thereof, but not political subdivisions.

III. “Government assisted” means any project that receives a tax exemption, tax abatement or tax credit under RSA 72:80-83, RSA 79-E, or RSA 162-N.

IV. “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.

9-G:2 Certain Labor Requirements Not To Be Imposed on Contractor or Subcontractor by State Government.

I. No state government assisted project, state governmental entity or a construction manager acting on behalf of a state 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:

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

(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;

(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

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

II. This section shall not:

(a) Prohibit a state governmental entity from awarding grants, tax credits to an applicant, or 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.

(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.

(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 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.

9-G: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 9-G:2 if the governmental unit finds, after public notice and a hearing, that special circumstances require an exemption, provided however, that 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 non-signatories 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 30 days after its passage.