As Introduced 1
123nd General Assembly 4
Regular Session H. B. No. 101 5
1999-2000 6
REPRESENTATIVES YOUNG-JACOBSON-CORBIN-JORDAN-NETZLEY- 8
VAN VYVEN-HOOD-WILLIAMS-EVANS 9
10
A B I L L
To enact sections 4116.01, 4116.02, 4116.03, and 12
4116.04 of the Revised Code to prohibit public 13
authorities from imposing certain labor 14
requirements as a condition of performing public
works.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That sections 4116.01, 4116.02, 4116.03, and 18
4116.04 of the Revised Code be enacted to read as follows: 19
Sec. 4116.01. AS USED IN SECTIONS 4116.01 TO 4116.04 OF 21
THE REVISED CODE: 22
(A) "PUBLIC AUTHORITY" MEANS ANY OFFICER, BOARD, OR 25
COMMISSION OF THE STATE, OR ANY POLITICAL SUBDIVISION OF THE 26
STATE, OR ANY INSTITUTION SUPPORTED IN WHOLE OR IN PART BY PUBLIC 27
FUNDS, AUTHORIZED TO ENTER INTO A CONTRACT FOR THE CONSTRUCTION 29
OF A PUBLIC IMPROVEMENT OR TO CONSTRUCT A PUBLIC IMPROVEMENT BY 30
THE DIRECT EMPLOYMENT OF LABOR.
(B) "CONSTRUCTION" MEANS ALL OF THE FOLLOWING: 33
(1) ANY NEW CONSTRUCTION OF ANY PUBLIC IMPROVEMENT 35
PERFORMED BY OTHER THAN FULL-TIME EMPLOYEES WHO HAVE COMPLETED 36
THEIR PROBATIONARY PERIODS IN THE CLASSIFIED SERVICE OF A PUBLIC 37
AUTHORITY; 38
(2) ANY RECONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, 40
REMODELING, RENOVATION, OR PAINTING OF ANY PUBLIC IMPROVEMENT 41
PERFORMED BY OTHER THAN FULL-TIME EMPLOYEES WHO HAVE COMPLETED 42
THEIR PROBATIONARY PERIOD IN THE CLASSIFIED CIVIL SERVICE OF A 43
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PUBLIC AUTHORITY; 44
(3) CONSTRUCTION ON ANY PROJECT, FACILITY, OR PROJECT 46
FACILITY TO WHICH SECTION 122.452, 122.80, 165.031, 166.02, 47
1551.13, 1728.07, OR 3706.042 OF THE REVISED CODE APPLIES. 49
(C) "PUBLIC IMPROVEMENT" MEANS ALL BUILDINGS, ROADS, 52
STREETS, ALLEYS, SEWERS, DITCHES, SEWAGE DISPOSAL PLANTS, WATER 53
WORKS, AND OTHER STRUCTURES OR WORKS CONSTRUCTED BY A PUBLIC 54
AUTHORITY OR BY ANY PERSON WHO, PURSUANT TO A CONTRACT WITH A 56
PUBLIC AUTHORITY, CONSTRUCTS ANY STRUCTURE OR WORK FOR A PUBLIC 57
AUTHORITY. WHEN A PUBLIC AUTHORITY RENTS OR LEASES A NEWLY 58
CONSTRUCTED STRUCTURE WITHIN SIX MONTHS AFTER COMPLETION OF ITS 59
CONSTRUCTION, ALL WORK PERFORMED ON THAT STRUCTURE TO SUIT IT FOR 60
OCCUPANCY BY A PUBLIC AUTHORITY IS A "PUBLIC IMPROVEMENT." 61
(D) "INTERESTED PARTY," WITH RESPECT TO A PARTICULAR 64
PUBLIC IMPROVEMENT, MEANS ALL OF THE FOLLOWING:
(1) ANY PERSON WHO SUBMITS A BID FOR THE PURPOSE OF 66
SECURING THE AWARD OF A CONTRACT FOR THE PUBLIC IMPROVEMENT; 67
(2) ANY PERSON ACTING AS A SUBCONTRACTOR OF A PERSON 69
MENTIONED IN DIVISION (D)(1) OF THIS SECTION; 70
(3) ANY ASSOCIATION HAVING AS MEMBERS ANY OF THE PERSONS 72
MENTIONED IN DIVISION (D)(1) OR (2) OF THIS SECTION; 73
(4) ANY EMPLOYEE OF A PERSON MENTIONED IN DIVISION (D)(1), 75
(2), OR (3) OF THIS SECTION; 76
(5) ANY INDIVIDUAL WHO IS A RESIDENT OF THE JURISDICTION 78
OF THE PUBLIC AUTHORITY FOR WHOM PRODUCTS OR SERVICES FOR A 80
PUBLIC IMPROVEMENT ARE BEING PROCURED OR FOR WHOM WORK ON A 81
PUBLIC IMPROVEMENT IS BEING PERFORMED.
Sec. 4116.02. A PUBLIC AUTHORITY, WHEN ENGAGED IN 83
PROCURING PRODUCTS OR SERVICES, AWARDING CONTRACTS, OR OVERSEEING 84
PROCUREMENT OR CONSTRUCTION FOR PUBLIC IMPROVEMENTS, SHALL ENSURE 85
THAT BID SPECIFICATIONS, PROJECT AGREEMENTS, AND OTHER 86
CONTROLLING DOCUMENTS ENTERED INTO BETWEEN THE CONTRACTOR, ANY
SUBCONTRACTOR, OR THE PUBLIC AUTHORITY, WHICH ARE REQUIRED BY THE 87
PUBLIC AUTHORITY OR SUBJECT TO ITS APPROVAL, DO NOT DO ANY OF THE 89
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FOLLOWING:
(A) REQUIRE ANY BIDDER, CONTRACTOR, OR SUBCONTRACTOR TO 92
ENTER INTO OR ADHERE TO AGREEMENTS WITH ANY LABOR ORGANIZATION ON 93
THE PUBLIC IMPROVEMENT THAT CURRENTLY IS UNDER BID OR ON PROJECTS 94
RELATED TO THAT IMPROVEMENT;
(B) REQUIRE ANY BIDDER, CONTRACTOR, OR SUBCONTRACTOR TO 97
ENTER INTO, ADHERE TO, OR ENFORCE ANY AGREEMENT THAT REQUIRES THE 98
EMPLOYEES OF THAT BIDDER, CONTRACTOR, OR SUBCONTRACTOR TO DO
EITHER OF THE FOLLOWING AS A CONDITION OF EMPLOYMENT OR CONTINUED 99
EMPLOYMENT:
(1) BECOME MEMBERS OF OR AFFILIATED WITH A LABOR 101
ORGANIZATION;
(2) PAY DUES OR FEES TO A LABOR ORGANIZATION. 103
Sec. 4116.03. NO PUBLIC AUTHORITY SHALL DO ANY OF THE 105
FOLLOWING: 106
(A) AWARD A CONTRACT FOR A PUBLIC IMPROVEMENT IF THE 109
CONTRACT REQUIRES BID SPECIFICATIONS, PROJECT AGREEMENTS, OR 110
OTHER CONTROLLING DOCUMENTS PERTAINING TO THE CONTRACT TO CONTAIN
ANY OF THE ELEMENTS SET FORTH IN SECTION 4116.02 OF THE REVISED 112
CODE;
(B) PERMIT A PARTY TO A CONTRACT FOR A PUBLIC IMPROVEMENT 114
TO IMPOSE ANY OF THE ELEMENTS SET FORTH IN SECTION 4116.02 OF THE 115
REVISED CODE IN CONNECTION WITH ANY CONTRACT AWARDED BY THE 117
PUBLIC AUTHORITY OR ENTERED INTO BETWEEN THE PUBLIC AUTHORITY AND 118
THE PARTY;
(C) DISCRIMINATE AGAINST ANY BIDDER, CONTRACTOR, OR 121
SUBCONTRACTOR FOR REFUSING TO BECOME OR REMAIN A PARTY TO OR
OTHERWISE ADHERE TO ANY AGREEMENT WITH ANY LABOR ORGANIZATION ON 122
THE PUBLIC IMPROVEMENT THAT CURRENTLY IS UNDER BID OR ON PROJECTS 123
RELATED TO THAT IMPROVEMENT; 124
(D) VIOLATE SECTION 4116.02 OF THE REVISED CODE. 126
Sec. 4116.04. (A) AN INTERESTED PARTY MAY FILE A 129
COMPLAINT AGAINST A CONTRACTING PUBLIC AUTHORITY ALLEGING A
VIOLATION OF SECTION 4116.02 OR 4116.03 OF THE REVISED CODE 130
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WITHIN TWO YEARS AFTER THE DATE ON WHICH THE CONTRACT IS SIGNED 131
FOR THE PUBLIC IMPROVEMENT IN THE COURT OF COMMON PLEAS OF THE 133
COUNTY IN WHICH THE PUBLIC IMPROVEMENT IS PERFORMED. THE 134
PERFORMANCE OF THE CONTRACT FORMS THE BASIS OF THE ALLEGATION OF
A VIOLATION. THE COURT IN WHICH THE COMPLAINT IS FILED SHALL 135
HEAR AND DECIDE THE CASE AND, UPON A FINDING THAT A VIOLATION HAS 137
OCCURRED, SHALL VOID THE CONTRACT AND MAKE ANY ORDERS THAT WILL 138
PREVENT FURTHER VIOLATIONS.
THE RULES OF CIVIL PROCEDURE GOVERN ALL ACTIONS UNDER THIS 141
SECTION. ANY DETERMINATION OF A COURT UNDER THIS SECTION IS 142
SUBJECT TO APPELLATE REVIEW.
(B) IF, PURSUANT TO THIS SECTION, A COURT FINDS A 145
VIOLATION OF SECTION 4116.02 OR 4116.03 OF THE REVISED CODE, THE 147
COURT SHALL AWARD REASONABLE ATTORNEY'S FEES, COURT COSTS, AND
ANY OTHER FEES INCURRED IN THE COURSE OF THE CIVIL ACTION TO THE 148
PREVAILING PLAINTIFF. 149