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S.34

Introduced by   Senator Condos of Chittenden District, Senator Doyle of Washington District, Senator Dunne of Windsor District, Senator Flanagan of Chittenden District, Senator Illuzzi of Essex-Orleans District and Senator MacDonald of Orange District

Referred to Committee on

Date:

Subject:  Executive branch; state employees; privatization contracts

Statement of purpose:  This bill proposes to:  (1) apply the standards for state contracts, including privatization contracts, to positions which are being rebid or renewed; (2) provide a right of action to any person harmed by a violation of the standards for privatization contracts; and (3) provide a right of action to the Vermont state employees’ association for any alleged violation of the standards for privatization contracts.

AN ACT RELATING TO EXECUTIVE BRANCH PRIVATIZATION CONTRACTS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  3 V.S.A. § 341(3) is amended to read:

(3)  “Privatization contract” means a personal services contract by which an entity or an individual who is not a state employee agrees with an agency to provide services, valued at $20,000.00 or more per year, which are the same or substantially similar to and in lieu of services previously provided, in whole or in part, by permanent, classified state employees, and which result in the reduction in force of at least one permanent, classified employee position.

Sec. 2.  3 V.S.A. § 345 is added to read:

§ 345.  REBIDDING AND RENEWAL OF CONTRACTS

This chapter shall apply to the rebidding or renewal of all personal services contracts and privatization contracts as defined in section 341 of this title, regardless of the date of execution of the original contract.

Sec. 3.  3 V.S.A. § 346 is added to read:

§ 346.  VIOLATIONS; RIGHT OF ACTION

Persons harmed by any violation of this chapter shall have a right of action under Rule 75 of the Vermont Rules of Civil Procedure.  The Vermont State Employees’ Association, Inc. (VSEA) shall have a right of action on its own behalf in Washington superior court for any alleged violation of this chapter pursuant to Rule 75 of the Vermont Rules of Civil Procedure.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us