As Reported by House Commerce and Labor Committee 1
123rd General Assembly 4
Regular Session Am. H. B. No. 101 5
1999-2000 6
REPRESENTATIVES YOUNG-JACOBSON-CORBIN-JORDAN-NETZLEY- 8
VAN VYVEN-HOOD-WILLIAMS-EVANS-HARRIS
_________________________________________________________________ 9
A B I L L
To enact sections 4116.01, 4116.02, 4116.03, and 11
4116.04 of the Revised Code to prohibit public 12
authorities from imposing certain labor 13
requirements as a condition of performing public
works.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That sections 4116.01, 4116.02, 4116.03, and 17
4116.04 of the Revised Code be enacted to read as follows: 18
Sec. 4116.01. AS USED IN SECTIONS 4116.01 TO 4116.04 OF 20
THE REVISED CODE: 21
(A) "PUBLIC AUTHORITY" MEANS ANY OFFICER, BOARD, OR 24
COMMISSION OF THE STATE, OR ANY POLITICAL SUBDIVISION OF THE 25
STATE, OR ANY INSTITUTION SUPPORTED IN WHOLE OR IN PART BY PUBLIC 26
FUNDS, AUTHORIZED TO ENTER INTO A CONTRACT FOR THE CONSTRUCTION 28
OF A PUBLIC IMPROVEMENT OR TO CONSTRUCT A PUBLIC IMPROVEMENT BY 29
THE DIRECT EMPLOYMENT OF LABOR.
(B) "CONSTRUCTION" MEANS ALL OF THE FOLLOWING: 32
(1) ANY NEW CONSTRUCTION OF ANY PUBLIC IMPROVEMENT 34
PERFORMED BY OTHER THAN FULL-TIME EMPLOYEES WHO HAVE COMPLETED 35
THEIR PROBATIONARY PERIODS IN THE CLASSIFIED SERVICE OF A PUBLIC 36
AUTHORITY; 37
(2) ANY RECONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, 39
REMODELING, RENOVATION, OR PAINTING OF ANY PUBLIC IMPROVEMENT 40
PERFORMED BY OTHER THAN FULL-TIME EMPLOYEES WHO HAVE COMPLETED 41
THEIR PROBATIONARY PERIOD IN THE CLASSIFIED CIVIL SERVICE OF A 42
2
PUBLIC AUTHORITY; 43
(3) CONSTRUCTION ON ANY PROJECT, FACILITY, OR PROJECT 45
FACILITY TO WHICH SECTION 122.452, 122.80, 165.031, 166.02, 46
1551.13, 1728.07, OR 3706.042 OF THE REVISED CODE APPLIES. 48
(C) "PUBLIC IMPROVEMENT" MEANS ALL BUILDINGS, ROADS, 51
STREETS, ALLEYS, SEWERS, DITCHES, SEWAGE DISPOSAL PLANTS, WATER 52
WORKS, AND OTHER STRUCTURES OR WORKS CONSTRUCTED BY A PUBLIC 53
AUTHORITY OR BY ANY PERSON WHO, PURSUANT TO A CONTRACT WITH A 55
PUBLIC AUTHORITY, CONSTRUCTS ANY STRUCTURE OR WORK FOR A PUBLIC 56
AUTHORITY. WHEN A PUBLIC AUTHORITY RENTS OR LEASES A NEWLY 57
CONSTRUCTED STRUCTURE WITHIN SIX MONTHS AFTER COMPLETION OF ITS 58
CONSTRUCTION, ALL WORK PERFORMED ON THAT STRUCTURE TO SUIT IT FOR 59
OCCUPANCY BY A PUBLIC AUTHORITY IS A "PUBLIC IMPROVEMENT." 60
(D) "INTERESTED PARTY," WITH RESPECT TO A PARTICULAR 63
PUBLIC IMPROVEMENT, MEANS ALL OF THE FOLLOWING:
(1) ANY PERSON WHO SUBMITS A BID FOR THE PURPOSE OF 65
SECURING THE AWARD OF A CONTRACT FOR THE PUBLIC IMPROVEMENT; 66
(2) ANY PERSON ACTING AS A SUBCONTRACTOR OF A PERSON 68
MENTIONED IN DIVISION (D)(1) OF THIS SECTION; 69
(3) ANY ASSOCIATION HAVING AS MEMBERS ANY OF THE PERSONS 71
MENTIONED IN DIVISION (D)(1) OR (2) OF THIS SECTION; 72
(4) ANY EMPLOYEE OF A PERSON MENTIONED IN DIVISION (D)(1), 74
(2), OR (3) OF THIS SECTION; 75
(5) ANY INDIVIDUAL WHO IS A RESIDENT OF THE JURISDICTION 77
OF THE PUBLIC AUTHORITY FOR WHOM PRODUCTS OR SERVICES FOR A 79
PUBLIC IMPROVEMENT ARE BEING PROCURED OR FOR WHOM WORK ON A 80
PUBLIC IMPROVEMENT IS BEING PERFORMED.
Sec. 4116.02. A PUBLIC AUTHORITY, WHEN ENGAGED IN 82
PROCURING PRODUCTS OR SERVICES, AWARDING CONTRACTS, OR OVERSEEING 83
PROCUREMENT OR CONSTRUCTION FOR PUBLIC IMPROVEMENTS, SHALL ENSURE 84
THAT BID SPECIFICATIONS ISSUED BY THE PUBLIC AUTHORITY FOR THE 85
PROPOSED PUBLIC IMPROVEMENT, AND ANY SUBSEQUENT CONTRACT OR OTHER 86
AGREEMENT FOR THE PUBLIC IMPROVEMENT TO WHICH THE PUBLIC
AUTHORITY AND A CONTRACTOR OR SUBCONTRACTOR ARE DIRECT PARTIES, 87
3
DO NOT REQUIRE A CONTRACTOR OR SUBCONTRACTOR TO DO ANY OF THE 88
FOLLOWING:
(A) ENTER INTO AGREEMENTS WITH ANY LABOR ORGANIZATION ON 91
THE PUBLIC IMPROVEMENT;
(B) ENTER INTO ANY AGREEMENT THAT REQUIRES THE EMPLOYEES 94
OF THAT CONTRACTOR OR SUBCONTRACTOR TO DO EITHER OF THE FOLLOWING 95
AS A CONDITION OF EMPLOYMENT OR CONTINUED EMPLOYMENT:
(1) BECOME MEMBERS OF OR AFFILIATED WITH A LABOR 97
ORGANIZATION;
(2) PAY DUES OR FEES TO A LABOR ORGANIZATION. 99
Sec. 4116.03. NO PUBLIC AUTHORITY SHALL DO ANY OF THE 101
FOLLOWING: 102
(A) AWARD A CONTRACT FOR A PUBLIC IMPROVEMENT IN VIOLATION 105
OF SECTION 4116.02 OF THE REVISED CODE; 106
(B) DISCRIMINATE AGAINST ANY BIDDER, CONTRACTOR, OR 109
SUBCONTRACTOR FOR REFUSING TO BECOME A PARTY TO ANY AGREEMENT
WITH ANY LABOR ORGANIZATION ON THE PUBLIC IMPROVEMENT THAT 111
CURRENTLY IS UNDER BID OR ON PROJECTS RELATED TO THAT
IMPROVEMENT; 112
(C) OTHERWISE VIOLATE SECTION 4116.02 OF THE REVISED CODE. 114
Sec. 4116.04. (A) AN INTERESTED PARTY MAY FILE A 117
COMPLAINT AGAINST A CONTRACTING PUBLIC AUTHORITY ALLEGING A
VIOLATION OF SECTION 4116.02 OR 4116.03 OF THE REVISED CODE 118
WITHIN TWO YEARS AFTER THE DATE ON WHICH THE CONTRACT IS SIGNED 119
FOR THE PUBLIC IMPROVEMENT IN THE COURT OF COMMON PLEAS OF THE 121
COUNTY IN WHICH THE PUBLIC IMPROVEMENT IS PERFORMED. THE 122
PERFORMANCE OF THE CONTRACT FORMS THE BASIS OF THE ALLEGATION OF
A VIOLATION. THE COURT IN WHICH THE COMPLAINT IS FILED SHALL 123
HEAR AND DECIDE THE CASE AND, UPON A FINDING THAT A VIOLATION HAS 125
OCCURRED, SHALL VOID THE CONTRACT AND MAKE ANY ORDERS THAT WILL 126
PREVENT FURTHER VIOLATIONS.
THE RULES OF CIVIL PROCEDURE GOVERN ALL ACTIONS UNDER THIS 129
SECTION. ANY DETERMINATION OF A COURT UNDER THIS SECTION IS 130
SUBJECT TO APPELLATE REVIEW.
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(B) IF, PURSUANT TO THIS SECTION, A COURT FINDS A 133
VIOLATION OF SECTION 4116.02 OR 4116.03 OF THE REVISED CODE, THE 135
COURT MAY AWARD REASONABLE ATTORNEY'S FEES, COURT COSTS, AND ANY
OTHER FEES INCURRED IN THE COURSE OF THE CIVIL ACTION TO THE 136
PREVAILING PLAINTIFF. 137