An Act prohibiting certain practices and discrimination by the Commonwealth and its political subdivisions under contracts for public works; and providing for a private right of action.

PRINTER'S NO. 1087
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 961
Session of
2025
INTRODUCED BY COLEMAN, ROTHMAN, PHILLIPS-HILL AND KEEFER,
JULY 31, 2025
REFERRED TO LABOR AND INDUSTRY, JULY 31, 2025
AN ACT
Prohibiting certain practices and discrimination by the
Commonwealth and its political subdivisions under contracts
for public works; and providing for a private right of
action.
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 Freedom in
Public 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.
"Successful bidder." A person, partnership or corporation
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that has:
(1) the capability in all respects to fully perform the
requirements under a contract for public works; and
(2) the integrity and reliability that will ensure good
faith performance.
Section 3. Prohibited practices.
Contract specifications issued by a public body soliciting
bids on public works may not include any of the following:
(1) A requirement that the 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 the successful bidder's existing
workforce or any of its subcontractors' workforces affiliate
with or pay dues to a labor organization.
(3) A requirement that the successful bidder or any of
its subcontractors recognize a labor organization as the
exclusive representative of any employees on the public
works.
(4) A requirement that the successful bidder or any of
its subcontractors participate in an apprenticeship program.
(5) A requirement that the successful bidder or any of
its subcontractors pay employees a predetermined amount or
rate of wages, except as may be required by Federal law or
the act of August 15, 1961 (P.L.987, No.442), known as the
Pennsylvania Prevailing Wage Act, or the act of January 17,
1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.
(6) A requirement that the successful bidder or any of
its subcontractors provide employees a specified type, amount
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or rate of employee benefits.
Section 4. Discrimination prohibited.
A public body may not consider or use as a criterion in its
selection process for a successful bidder:
(1) the union or nonunion status of the successful
bidder's workforce; or
(2) the successful bidder's participation, or lack of
participation, in an apprenticeship program.
Section 5. Enforcement.
(a) Private right of action.--A party that 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 6. Effective date.
This act shall take effect in 60 days.
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