THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BEAR, SAYLOR, MILLER, BENNINGHOFF, BOYD, CAUSER, CREIGHTON, CUTLER, DENLINGER, EVERETT, FLECK, GINGRICH, HICKERNELL, MARSICO, MOUL, QUINN, RAPP, REICHLEY, ROCK, ROHRER, ROSS, SWANGER, TALLMAN, TRUE AND WATSON, SEPTEMBER 29, 2009

REFERRED TO COMMITTEE ON LABOR RELATIONS, SEPTEMBER 29, 2009  

AN ACT

Providing for open contracting by the Commonwealth and its

political subdivisions and their agencies and authorities.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Open

Contracting Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Public body."  The Commonwealth or any of its political

subdivisions, or an agency or authority of either.

"Public works."  Construction, reconstruction, demolition,

alteration or repair work, other than routine maintenance work,

contracted for by a public body.

"Responsible bidder."  A person, partnership or corporation

that has the capability in all respects to fully perform the

contract requirements and who has the integrity and reliability

which will assure good faith performance.

Section 3.  Prohibited practices.

Contract specifications issued by public bodies soliciting

bids on public works projects shall not include any of the

following:

(1)  A requirement that a successful bidder or any of its

subcontractors utilize workers:

(i)  represented by a designated labor organization;

or

(ii)  referred by a designated labor organization.

(2)  A requirement that a successful bidder's existing

work force or any of its subcontractors' work forces

affiliate with or pay dues to a labor organization.

(3)  A requirement that a successful bidder or any of its

subcontractors recognize a labor organization as the

exclusive representative of any of its employees on the

public works project.

Section 4.  Discrimination prohibited.

No public body shall consider or use as a criterion in its

selection process the union or nonunion status of a bidder's

work force.

Section 5.  Enforcement.

(a)  General rule.--A party who is aggrieved by an act

committed by a public body in violation of section 3 or 4 may

file an action in a court of competent jurisdiction to enjoin

the act.

(b)  Damages and attorney fees.--A court of competent

jurisdiction may award damages and reasonable attorney fees to

an aggrieved party that is successful in an action filed under

subsection (a).

Section 10.  Effective date.

This act shall take effect in 60 days.