PRINTER'S NO. 4319
No. 2203 Session of 2008
INTRODUCED BY SAYLOR, BOYD, PYLE, R. MILLER, CREIGHTON,
FAIRCHILD, GINGRICH, HARPER, HERSHEY, KAUFFMAN, METCALFE,
REICHLEY, ROCK, ROHRER AND SWANGER, SEPTEMBER 15, 2008
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 15, 2008
AN ACT
1 Providing for open contracting by the Commonwealth and its
2 political subdivisions and their agencies and authorities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Open
7 Contracting Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Public body." The Commonwealth or any of its political
13 subdivisions, or an agency or authority of either.
14 "Public works." Construction, reconstruction, demolition,
15 alteration or repair work, other than routine maintenance work,
16 contracted for by a public body.
17 "Responsible bidder." A person, partnership or corporation
1 that has the capability in all respects to fully perform the
2 contract requirements and who has the integrity and reliability
3 which will assure good faith performance.
4 Section 3. Prohibited practices.
5 Contract specifications issued by public bodies soliciting
6 bids on public works projects shall not include any of the
7 following:
8 (1) A requirement that a successful bidder or any of its
9 subcontractors utilize workers:
10 (i) represented by a designated labor organization;
11 or
12 (ii) referred by a designated labor organization.
13 (2) A requirement that a successful bidder's existing
14 work force or any of its subcontractors' work forces
15 affiliate with or pay dues to a labor organization.
16 (3) A requirement that a successful bidder or any of its
17 subcontractors recognize a labor organization as the
18 exclusive representative of any of its employees on the
19 public works project.
20 Section 4. Discrimination prohibited.
21 No public body shall consider or use as a criterion in its
22 selection process the union or nonunion status of a bidder's
23 work force.
24 Section 5. Enforcement.
25 (a) General rule.--A party who is aggrieved by an act
26 committed by a public body in violation of section 3 or 4 may
27 file an action in a court of competent jurisdiction to enjoin
28 the act.
29 (b) Damages and attorney fees.--A court of competent
30 jurisdiction may award damages and reasonable attorney fees to
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1 an aggrieved party that is successful in an action filed under
2 subsection (a).
3 Section 6. Effective date.
4 This act shall take effect in 60 days.
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