Rhode Island 2023 Regular Session

Rhode Island House Bill H5964 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3
4	4
5	5	2023 -- H 5964
6	6	========
7	7	LC002229
8	8	========
9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO PUBLIC PROPERTY AND WORKS -- DAY CARE PROGRAMS ST ATE
16	16	PURCHASES
17	17	Introduced By: Representatives Donovan, Boylan, Tanzi, McGaw, Kazarian, Casimiro,
18	18	Fogarty, Shallcross Smith, Caldwell, and McEntee
19	19	Date Introduced: March 01, 2023
20	20	Referred To: House State Government & Elections
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Sections 37-2-7, 37-2-9 and 37-2-18 of the General Laws in Chapter 37-2 1
25	25	entitled "State Purchases" are hereby amended to read as follows: 2
26	26	37-2-7. Definitions. 3
27	27	The words defined in this section have the meanings set forth below whenever they appear 4
28	28	in this chapter, unless the context in which they are used clearly requires a different meaning or a 5
29	29	different definition is prescribed for a particular section, group of sections, or provision: 6
30	30	(1) “Business” means any corporation, partnership, individual, sole proprietorship, joint 7
31	31	stock company, joint venture, or any other legal entity through which business is conducted. 8
32	32	(2) “Change order” means a written authorization signed by the purchasing agent directing 9
33	33	or allowing the contractor to proceed with changes, alterations, or modifications to the terms, 10
34	34	conditions, or scope of work on a previously awarded contract. 11
35	35	(3) “Chief purchasing officer” shall mean: (i) For a state agency, the director of the 12
36	36	department of administration, and (ii) For a public agency, the executive director or the chief 13
37	37	operational officer of the agency. 14
38	38	(4) Child care declaration statement" means the form to be completed by bidders on 15
39	39	contracts pursuant to this chapter. 16
40	40	(4)(5) “Construction” means the process of building, altering, repairing, improving, or 17
41	41	demolishing any public structures or building, or other public improvements of any kind to any 18
42	42
43	43
44	44	LC002229 - Page 2 of 13
45	45	public real property. It does not include the routine maintenance or repair of existing structures, 1
46	46	buildings, or real property performed by salaried employees of the state of Rhode Island in the 2
47	47	usual course of their jobs. 3
48	48	(5)(6) “Contract” means all types of agreements, including grants and orders, for the 4
49	49	purchase or disposal of supplies, services, construction, or any other item. It includes awards; 5
50	50	contracts of a fixed-price, cost, cost-plus-a-fixed-fee, or incentive type; contracts providing for the 6
51	51	issuance of job or task orders; leases; letter contracts; purchase orders; and construction 7
52	52	management contracts. It also includes supplemental agreements with respect to any of the 8
53	53	foregoing. “Contract” does not include labor contracts with employees of state agencies. 9
54	54	(6)(7) “Contract amendment” means any written alteration in the specifications, delivery 10
55	55	point, rate of delivery, contract period, price, quantity, or other contract provisions of any existing 11
56	56	contract, whether accomplished by unilateral action in accordance with a contract provision, or by 12
57	57	mutual action of the parties to the contract. It includes bilateral actions, such as supplemental 13
58	58	agreements, and unilateral actions, such as change orders, administrative changes, notices of 14
59	59	termination, and notices of the exercise of a contract option. 15
60	60	(7)(8) “Contractor” means any person having a contract with a governmental body. 16
61	61	(8)(9) “Data” means recorded information, regardless of form or characteristic. 17
62	62	(9)(10) “Designee” means a duly authorized representative of a person holding a superior 18
63	63	position. 19
64	64	(10)(11) “Employee” means an individual drawing a salary from a state governmental 20
65	65	entity. 21
66	66	(11)(12) “State governmental entity” means any entity created as a legislative body or a 22
67	67	public or state agency by the general assembly or constitution of this state, except for municipal, 23
68	68	regional, or county governmental entities. 24
69	69	(12)(13) “May” means permissive. 25
70	70	(13)(14) “Negotiation” means contracting by either the method set forth in § 37-2-19, 37-26
71	71	2-20, or 37-2-21. 27
72	72	(14)(15) “Person” means any business, individual, organization, or group of individuals. 28
73	73	(15)(16) “Procurement” means the purchasing, buying, renting, leasing, or otherwise 29
74	74	obtaining of any supplies, services, or construction. It also includes all functions that pertain to the 30
75	75	obtaining of any supply, service, or construction item, including a description of requirements, 31
76	76	selection and solicitation of sources, preparation, and award of contract, and all phases of contract 32
77	77	administration. 33
78	78	(16)(17) “Public agency” shall mean the Rhode Island industrial recreational building 34
79	79
80	80
81	81	LC002229 - Page 3 of 13
82	82	authority, the Rhode Island commerce corporation, the Rhode Island industrial facilities 1
83	83	corporation, the Rhode Island refunding bond authority, the Rhode Island housing and mortgage 2
84	84	finance corporation, the Rhode Island resource recovery corporation, the Rhode Island public 3
85	85	transit authority, the Rhode Island student loan authority, the Howard development corporation, 4
86	86	the water resources board corporate, the Rhode Island health and education building corporation, 5
87	87	the Rhode Island turnpike and bridge authority, the Blackstone Valley district commission, the 6
88	88	Narragansett Bay water quality management district commission, the Rhode Island 7
89	89	telecommunications authority, the convention center authority, the Channel 36 foundation, the 8
90	90	Rhode Island lottery commission their successors and assigns, any other body corporate and politic 9
91	91	which has been or will be created or established within this state excepting cities and towns, the 10
92	92	university of Rhode Island board of trustees for all purchases that are funded by restricted, 11
93	93	sponsored, or auxiliary monies, and the council on postsecondary education for all purchases that 12
94	94	are funded by restricted, sponsored, or auxiliary monies. 13
95	95	(17)(18) “Purchase request” or “purchase requisition” means that document whereby a 14
96	96	using agency requests that a contract be entered into to obtain goods and/or services for a specified 15
97	97	need, and may include, but is not limited to, the technical description of the requested item, delivery 16
98	98	requirements, transportation mode request, criteria for evaluation of proposals, and/or preparation 17
99	99	of suggested sources of supply, and information supplied for the making of any written 18
100	100	determination and finding required by § 37-2-6. 19
101	101	(18)(19) “Purchasing agency” means any state governmental entity which is authorized by 20
102	102	this chapter, its implementing regulations, or by way of delegation from the chief purchasing officer 21
103	103	to contract on its own behalf rather than through the central contracting authority of the chief 22
104	104	purchasing officer. 23
105	105	(19)(20) “Purchasing agent” means any person authorized by a governmental entity in 24
106	106	accordance with procedures prescribed by regulations, to enter into and administer contracts and 25
107	107	make written determinations and findings with respect to contracts. The term also includes an 26
108	108	authorized representative acting within the limits of authority. “Purchasing agent” also means the 27
109	109	person appointed in accordance with § 37-2-1. 28
110	110	(20)(21) “Services” means the rendering, by a contractor, of its time and effort rather than 29
111	111	the furnishing of a specific end product, other than reports that are merely incidental to the required 30
112	112	performance of services. “Services” does not include labor contracts with employees of state 31
113	113	agencies. 32
114	114	(21)(22) “Shall” means imperative. 33
115	115	(22)(23) “State” means the state of Rhode Island and any of its departments or agencies 34
116	116
117	117
118	118	LC002229 - Page 4 of 13
119	119	and public agencies. 1
120	120	(23)(24) “Supplemental agreement” means any contract modification which is 2
121	121	accomplished by the mutual action of the parties. 3
122	122	(24)(25) “Supplies” means all property, including, but not limited to, leases of real 4
123	123	property, printing, and insurance, except land or permanent interest in land. 5
124	124	(25)(26) “Using agency” means any state governmental entity which utilizes any supplies, 6
125	125	services, or construction purchased under this chapter. 7
126	126	(26)(27) As used in § 37-2-59, “architect” or “engineer” services means those professional 8
127	127	services within the scope of practice of architecture, professional engineering, or registered land 9
128	128	surveying pertaining to construction, as defined by the laws of this state. “Consultant” means any 10
129	129	person with whom the state and/or a public agency has a contract which contract provides for the 11
130	130	person to give direction or information as regards a particular area of knowledge in which the 12
131	131	person is a specialist and/or has expertise. 13
132	132	(27)(28) For purposes of §§ 37-2-62 — 37-2-70, “directors” means those members of a 14
133	133	public agency appointed pursuant to a statute who comprise the governing authority of the board, 15
134	134	commission, authority, and/or corporation. 16
135	135	(28)(29) “State agency” means any department, commission, council, board, bureau, 17
136	136	committee, institution, or other governmental entity of the executive or judicial branch of this state 18
137	137	not otherwise established as a body corporate and politic, and includes, without limitation, the 19
138	138	council on postsecondary education except for purchases which are funded by restricted, sponsored, 20
139	139	or auxiliary moneys, the university of Rhode Island board of trustees except for all purchases which 21
140	140	are funded by restricted, sponsored, or auxiliary monies, and the council on elementary and 22
141	141	secondary education. 23
142	142	(29)(30) “Governmental entity” means any department, commission, council, board, 24
143	143	bureau, committee, institution, legislative body, agency, or government corporation of the 25
144	144	executive, legislative, or judicial branches of state, federal, and/or local governments. 26
145	145	(30)(31) “Construction management at-risk” or “construction management at-risk 27
146	146	services” or “construction management at-risk delivery method” is a construction method wherein 28
147	147	a construction manager at-risk provides a range of preconstruction services and construction 29
148	148	management services which may include cost estimation and consultation regarding the design of 30
149	149	the building project, the preparation and coordination of bid packages, scheduling, cost control, and 31
150	150	value engineering, acting as the general contractor during the construction, detailing the trade 32
151	151	contractor scope of work, holding the trade contracts and other contracts, evaluating trade 33
152	152	contractors and subcontractors, and providing management and construction services, all at a 34
153	153
154	154
155	155	LC002229 - Page 5 of 13
156	156	guaranteed maximum price, which shall represent the maximum amount to be paid by the using 1
157	157	agency for the building project, including the cost of work, the general conditions, and the fee 2
158	158	payable to the construction management at-risk firm. 3
159	159	(31)(32) “Construction manager at-risk” or “construction management at-risk firm” is a 4
160	160	person or business experienced in construction that has the ability to evaluate and to implement 5
161	161	drawings and specifications as they affect time, cost and quality of construction and the ability to 6
162	162	coordinate and deliver the construction of the project within a guaranteed maximum price, which 7
163	163	shall represent the maximum amount to be paid by the using agency for the building project, 8
164	164	including the cost of the work, the general conditions, and the fee payable to the construction 9
165	165	management at-risk firm. The construction manager at-risk provides consultation services during 10
166	166	the preconstruction and construction phases of the project. The project engineer, architect, or 11
167	167	owner’s program manager may not serve as the construction manager at-risk. 12
168	168	(32)(33) “Owner’s program manager” shall be an entity engaged to provide project 13
169	169	management services on behalf of a state agency for the construction and supervision of the 14
170	170	construction of a building project. The owner’s program manager acts as the owner’s agent in all 15
171	171	aspects of the construction project, including, but not limited to, architectural programming, 16
172	172	planning, design, construction, and the selection and procurement of an appropriate construction 17
173	173	delivery method. The owner’s program manager shall have at least seven (7) years’ experience in 18
174	174	the construction and supervision of construction of buildings of similar size and complexity. The 19
175	175	owner’s program manager shall not have been employed during the preceding year by the design 20
176	176	firm, the construction firm, and/or the subcontractors associated with the project. 21
177	177	37-2-9. Authority and duties of the chief purchasing officer. 22
178	178	(a) The chief purchasing officer shall have power and authority over, and may, except as 23
179	179	otherwise expressly provided in this chapter, adopt regulations pursuant to § 42-35-2 and consistent 24
180	180	with this chapter governing the purchasing, management, and control of any and all supplies, 25
181	181	services, construction, and other items required to be purchased by the state. The chief purchasing 26
182	182	officer shall consider and decide matters of policy with regard to state procurement. The chief 27
183	183	purchasing officer shall have the power of review with respect to the implementation of regulations 28
184	184	and policy determinations. 29
185	185	(b) Regulations shall be adopted governing the following: 30
186	186	(1) Conditions and procedures for delegations of purchasing authority; 31
187	187	(2) Prequalification, suspension, debarment, and reinstatement of prospective bidders; 32
188	188	(3) Small purchase procedures; 33
189	189	(4) Conditions and procedures for the purchase of perishables and items for resale; 34
190	190
191	191
192	192	LC002229 - Page 6 of 13
193	193	(5) Conditions and procedures for the use of source selection methods authorized by this 1
194	194	chapter including emergency purchases; 2
195	195	(6) Opening and rejection of bids or offers, consideration of alternate bids, and waiver of 3
196	196	informalities in offers; 4
197	197	(7) Confidentiality of technical data and trade secrets information submitted by actual or 5
198	198	prospective bidders or offerors; 6
199	199	(8) Partial, progressive, and multiple awards; 7
200	200	(9) Supervision of storerooms and inventories, including determination of appropriate 8
201	201	stock levels and the management, transfer, sale, or other disposal of state owned property; 9
202	202	(10) Definitions and classes of contractual services and procedures for acquiring them; 10
203	203	(11) To sell, trade, or otherwise dispose of surplus supplies and services for the state; 11
204	204	(12) To exercise general supervision and control over all warehouses, storerooms, stores, 12
205	205	and all inventories of supplies, services, and construction belonging to the state; 13
206	206	(13) To establish and maintain programs for the development and use of purchasing 14
207	207	specifications, and for the inspection, testing, and acceptance of supplies, services, and 15
208	208	construction; 16
209	209	(14) To develop a program which involves and/or utilizes small business and small 17
210	210	disadvantaged business as contractors; 18
211	211	(15) To develop standards of conduct which supplement the provisions of chapter 14 of 19
212	212	title 36, as amended, for personnel involved in the state of Rhode Island purchasing process; 20
213	213	(16) For all contracts for supplies and services exceeding ten thousand dollars ($10,000), 21
214	214	contractors must comply with the requirements of federal executive order no. 11246, as amended, 22
215	215	§ 28-5.1-10, and other regulations as issued by the purchasing agent, and administered by the state 23
216	216	equal opportunity office of the department of administration. Failure to comply will be considered 24
217	217	a substantial breach of the contract subject to penalties prescribed in the regulations: and 25
218	218	(17) To promote and facilitate the establishment and implementation of child care policies 26
219	219	and practices to be contained within a child care declaration statement as provided in § 37-2-9.1 to 27
220	220	be completed by bidders submitting bids pursuant to this chapter. 28
221	221	(c) The chief purchasing officer may adopt such other regulations as deemed advisable to 29
222	222	carry out the purposes of this chapter. 30
223	223	37-2-18. Competitive sealed bidding. 31
224	224	(a) Contracts exceeding the amount provided by § 37-2-22 shall be awarded by competitive 32
225	225	sealed bidding unless it is determined in writing that this method is not practicable or that the best 33
226	226	value for the state may be obtained by using an electronic reverse auction as set forth in § 37-2-34
227	227
228	228
229	229	LC002229 - Page 7 of 13
230	230	18.1. Factors to be considered in determining whether competitive sealed bidding is practicable 1
231	231	shall include whether: 2
232	232	(1) Specifications can be prepared that permit award on the basis of either the lowest bid 3
233	233	price or the lowest evaluated bid price; and 4
234	234	(2) The available sources, the time and place of performance, and other relevant 5
235	235	circumstances as are appropriate for the use of competitive sealed bidding. 6
236	236	(b) The invitation for bids shall state whether the award shall be made on the basis of the 7
237	237	lowest bid price or the lowest evaluated or responsive bid price. If the latter basis is used, the 8
238	238	objective measurable criteria to be utilized shall be set forth in the invitation for bids, if available. 9
239	239	All documents submitted in response to the bid proposal are public pursuant to chapter 38-2 upon 10
240	240	opening of the bids. The invitation for bids shall state that each bidder must submit a copy of their 11
241	241	bid proposal to be available for public inspection upon the opening of the bids. The burden to 12
242	242	identify and withhold from the public copy that is released at the bid opening any trade secrets, 13
243	243	commercial or financial information, or other information the bidder deems not subject to public 14
244	244	disclosure pursuant to chapter 38-2, the Access to Public Records Act, shall rest with the bidder 15
245	245	submitting the bid proposal. 16
246	246	(c) Unless the invitations for bid are accessible under the provisions as provided in § 37-2-17
247	247	17.1, public notice of the invitation for bids shall be given a sufficient time prior to the date set 18
248	248	forth therein for the opening of bids. Public notice may include publication in a newspaper of 19
249	249	general circulation in the state as determined by the purchasing agent not less than seven (7) days 20
250	250	nor more than twenty-eight (28) days before the date set for the opening of the bids. The purchasing 21
251	251	agent may make a written determination that the twenty-eight (28) day limitation needs to be 22
252	252	waived. The written determination shall state the reason why the twenty-eight (28) day limitation 23
253	253	is being waived and shall state the number of days, giving a minimum and maximum, before the 24
254	254	date set for the opening of bids when public notice is to be given. 25
255	255	(d) Bids shall be opened and read aloud publicly at the time and place designated in the 26
256	256	invitation for bids. Each bid, together with the name of the bidder, shall be recorded and an abstract 27
257	257	made available for public inspection. 28
258	258	(e) The chief purchasing officer shall adopt and file regulations governing the bidding of 29
259	259	highway and bridge construction projects in the state not later than December 31, 2011. 30
260	260	(f) Immediately subsequent to the opening of the bids, the copies of bid documents 31
261	261	submitted pursuant to subsection 37-2-18(b) shall be made available for inspection by the public. 32
262	262	Any objection to any bid on the grounds that it is nonresponsive to the invitation for bids must be 33
263	263	filed with the purchasing agent within five (5) business days of the opening of the bids. The 34
264	264
265	265
266	266	LC002229 - Page 8 of 13
267	267	purchasing agent shall issue a written determination as to whether the subject bid is nonresponsive 1
268	268	addressing each assertion in the objection and shall provide a copy of the determination to the 2
269	269	objector and all those who submitted bids at least seven (7) business days prior to the award of the 3
270	270	contract. If a bid is nonresponsive to the requirements in the invitation to bid, the bid is invalid and 4
271	271	the purchasing agent shall reject the bid. The purchasing agent shall have no discretion to waive 5
272	272	any requirements in the invitation to bid which are identified as mandatory. Nothing in this section 6
273	273	shall be construed to interfere with or invalidate the results of the due diligence conducted by the 7
274	274	division of purchasing to determine whether bids are responsive and responsible. 8
275	275	(g) Subsequent to the awarding of the bid, all documents pertinent to the awarding of the 9
276	276	bid that were not made public pursuant to subsection 37-2-18(e) shall be made available and open 10
277	277	to public inspection, pursuant to chapter 38-2, the Access to Public Records Act, and retained in 11
278	278	the bid file. The copy of the bid proposal provided pursuant to subsection 37-2-18(b) shall be 12
279	279	retained until the bid is awarded. 13
280	280	(h) The contract shall be awarded with reasonable promptness by written notice to the 14
281	281	responsive and responsible bidder whose bid is either the lowest bid price, lowest evaluated, or 15
282	282	responsive bid price. 16
283	283	(i) Correction or withdrawal of bids may be allowed only to the extent permitted by 17
284	284	regulations issued by the chief purchasing officer. 18
285	285	(j) As of January 1, 2011, this section shall apply to contracts greater than one million 19
286	286	dollars ($1,000,000); on January 1, 2012 for all contracts greater than seven hundred fifty thousand 20
287	287	dollars ($750,000); on January 1, 2013 for all contracts greater than five hundred thousand dollars 21
288	288	($500,000); and on January 1, 2014 for all contracts awarded pursuant to this section. 22
289	289	(k) Preference shall be provided to bidders which possess a stated child care policy when 23
290	290	two (2) or more bidders submit equal bids and for bids on contracts of less than twenty-five 24
291	291	thousand dollars ($25,000), and for bids for occasional and temporary personal services. 25
292	292	SECTION 2. Chapter 37-2 of the General Laws entitled "State Purchases" is hereby 26
293	293	amended by adding thereto the following section: 27
294	294	37-2-9.2. Child care declaration statement. 28
295	295	(a) The chief purchasing officer shall prepare a child care declaration statement as required 29
296	296	by § 37-2-9 in substantially the following form: 30
297	297	VENDOR CHILD CARE POLICY PROGRAM -- CHILD CARE DECLARATION 31
298	298	STATEMENT 32
299	299	The business concern listed below hereby declares the following status on the "Child Care 33
300	300	Policy" of the State of Rhode Island. It is incumbent upon the concern to notify the state of any 34
301	301
302	302
303	303	LC002229 - Page 9 of 13
304	304	changes applicable to this declaration. 1
305	305	Business Name Telephone No. 2
306	306	Signature Title 3
307	307	Note: A "stated child care policy" may include services and/or benefits for employees and 4
308	308	their families, including infants through school-age child care centers or family day care homes, 5
309	309	before and after school programs, day camps, services for ill children, children with special needs, 6
310	310	family leave, and more. Please refer to the attached instructions for definitions. Please check ALL 7
311	311	items on the form that apply to your business concern. 8
312	312	PART ONE 9
313	313	Does your business have a stated child care policy? 10
314	314	If YES, please attach a copy 11
315	315	PART TWO 12
316	316	Does your business provide child care assistance? 13
317	317	If YES, Please check which form(s) of assistance 14
318	318	YES NO 15
319	319	Level I Assistance 16
320	320	Subsidized company child care center; Subsidized network of child care homes 17
321	321	Child care reimbursement in addition to other benefits; Child care reimbursement in a 18
322	322	flexible benefit package; Paid parental leave 19
323	323	Purchase of spaces for employees in community child care program(s) (centers or homes) 20
324	324	Level II Assistance 21
325	325	Salary set aside; flexible spending account funded with employee salary dollars; Section 22
326	326	125 23
327	327	Child care referral services; Parenting seminars 24
328	328	Counseling on work/family issues; Start-up of a self-supporting center 25
329	329	Start-up contributions to a "consortium center" 26
330	330	Level III Assistance 27
331	331	Flexible work hours; Flex-place/work-at-home 28
332	332	Permanent; part-time; job sharing 29
333	333	Work-at-home following maternity leave; Unpaid parental leave 30
334	334	Donation to enhance child care program 31
335	335	Other (Describe) 32
336	336	I HAVE READ AND COMPLETED: 33
337	337	(Signed) 34
338	338
339	339
340	340	LC002229 - Page 10 of 13
341	341	Do not write below this line 1
342	342	Date Filed:_____ Expiration date: _________ 2
343	343	(b) For the purposes of this section, the following words shall have the meanings set forth 3
344	344	below as applied to the various forms of child care assistance set forth on the child care declaration 4
345	345	statement: 5
346	346	(1) "Child care referral services" means a service to employees which provides 6
347	347	information, referrals and consultation regarding local child care services such as locations, hours 7
348	348	and rates. 8
349	349	(2) "Child care reimbursement in a flexible benefit package" means a system which allows 9
350	350	employees to make individual choices among a range of benefits provided by the employer such as 10
351	351	health, dental and retirement, and child care is included as a benefit choice. 11
352	352	(3) "Child care reimbursement in addition to other benefits" means an employer helps 12
353	353	employees pay for child care expenses by reimbursing the employee or their child care provider for 13
354	354	all or part of the cost of child care; allows an employee to select the child care provider, or an 14
355	355	employer may designate providers or conditions (e.g. only reimburse licensed providers); such 15
356	356	reimbursement is provided to the employee in addition to other employee benefits. 16
357	357	(4) "Counseling on work/family issues" means a company which provides through in-17
358	358	house or contracted services, group, family or individual counseling services to support employees 18
359	359	in the resolution of work-family issues. 19
360	360	(5) "Donation to enhance child care program" means a company which has contributed 20
361	361	funds, goods, and/or services to a child care program, for the purpose of improving the quality, 21
362	362	affordability, or accessibility of said programs. 22
363	363	(6) "Flexible work hours" means that employees are allowed to make choices about work 23
364	364	schedules, with such possible options as five (5) day/forty (40) hour vs. four (4) day/forty (40) hour 24
365	365	work weeks or a flexible hour's schedule within a day; may include establishment of "core" working 25
366	366	hours during which an employee must be present at the work site. 26
367	367	(7) "Flexplace/work-at-home" means a company which offers employees the option to 27
368	368	work in their own homes; may be available part-or full-time. 28
369	369	(8) "Paid parental leave" means employees are given paid time off work due to childbirth 29
370	370	or adoption, with a guaranteed return to the same or a comparable job and seniority status. 30
371	371	(9) "Parenting seminars" means a company which offers workshops, educational 31
372	372	presentations, and related activities to provide information and support in such areas as parenting 32
373	373	skills, work-family relations, child development, and related topics; may be provided by inhouse 33
374	374	staff or by contracted service. 34
375	375
376	376
377	377	LC002229 - Page 11 of 13
378	378	(10) "Permanent part-time/job sharing" means a company which offers job opportunities 1
379	379	in which employees may work less than full time while retaining permanent employment status, 2
380	380	and/or two (2) employees may share a single full-time position with salary and benefits prorated 3
381	381	between the two (2) employees. 4
382	382	(11) "Purchase of services for employees in community child care programs" means a 5
383	383	company which contributes funds, goods and/or services to the child care program in the 6
384	384	community center or family day care home for the purpose of preferential consideration for use by 7
385	385	employees. 8
386	386	(12) "Salary set-aside/flexible spending account funded with employee salary dollars" 9
387	387	means an employer has set up a qualified dependent care assistance plan under IRS Sections 125 10
388	388	and 129, which allows employees to designate an amount up to five thousand dollars ($5,000) per 11
389	389	year to be set aside from their salaries to pay for dependent care; since such a salary set aside is not 12
390	390	taxed, both employee and employer receive financial benefits. 13
391	391	(13) "Start-up contributions to a consortium center" means a company which has provided 14
392	392	funds, goods and/or services to a child care center, working in cooperation to develop and support 15
393	393	a child care service available to employees of contributing companies. 16
394	394	(14) "Start-up of a self-supporting center" means a company which has provided funds, 17
395	395	goods and/or services to directly assist in the land acquisition, design, construction, renovation, 18
396	396	equipment, furnishing or other cost associated with starting a child care program; this was a one-19
397	397	time-only assistance for the start-up, with the center now operating on a self-supporting basis. 20
398	398	(15) "Subsidized company child care center" means group care for children (may range 21
399	399	from twelve (12) to three hundred (300) children), in a licensed setting such as a preschool or other 22
400	400	center, which may serve infants, toddlers, preschoolers or school-age children; the center receives 23
401	401	funds, goods and/or services from an employer which thus subsidizes part or all of the child care 24
402	402	center operating costs, and employees of the subsidizing employer may enroll dependents in this 25
403	403	center. 26
404	404	(16) "Subsidized network of child care homes" means care for up to twelve (12) children 27
405	405	in the home of a licensed caregiver; may include one home or a network of two (2) or more family 28
406	406	day care homes, which receive funds, goods and/or services from an employer who thus subsidizes 29
407	407	part or all of the home operating costs; employees of the subsidizing employer may enroll 30
408	408	dependents in this care home. 31
409	409	(17) "Unpaid parental leave" means that employees are allowed unpaid time off due to 32
410	410	childbirth or adoption, with a guaranteed return to the same or a comparable job and seniority status. 33
411	411	(18) "Work-at-home following maternity leave" means that employees are offered the 34
412	412
413	413
414	414	LC002229 - Page 12 of 13
415	415	option to perform their jobs at home for a period following leave for childbirth or adoption. 1
416	416	SECTION 3. This act shall take effect upon passage. 2
417	417	========
418	418	LC002229
419	419	========
420	420
421	421
422	422	LC002229 - Page 13 of 13
423	423	EXPLANATION
424	424	BY THE LEGISLATIVE COUNCIL
425	425	OF
426	426	A N A C T
427	427	RELATING TO PUBLIC PROPERTY AND WORKS -- DAY CARE PROGRAMS ST ATE
428	428	PURCHASES
429	429	***
430	430	This act would provide preference to businesses which possess a stated child care policy 1
431	431	for its employees who contract with a governmental body for state purchases. 2
432	432	This act would take effect upon passage. 3
433	433	========
434	434	LC002229
435	435	========