As Passed by the House 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. "PUBLIC AUTHORITY" SHALL NOT 30
MEAN ANY MUNICIPAL CORPORATION THAT HAS ADOPTED A CHARTER UNDER
SECTIONS THREE AND SEVEN OF ARTICAL XVIII OF THE OHIO 31
CONSTITUTION, UNLESS THE SPECIFIC CONTRACT FOR A PUBLIC 32
IMPROVEMENT INCLUDES STATE FINDS APPROPRIATED FOR THE PURPOSES OF 33
THAT PUBLIC IMPROVEMENT.
(B) "CONSTRUCTION" MEANS ALL OF THE FOLLOWING: 36
(1) ANY NEW CONSTRUCTION OF ANY PUBLIC IMPROVEMENT 38
PERFORMED BY OTHER THAN FULL-TIME EMPLOYEES WHO HAVE COMPLETED 39
THEIR PROBATIONARY PERIODS IN THE CLASSIFIED SERVICE OF A PUBLIC 40
2
AUTHORITY; 41
(2) ANY RECONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, 43
REMODELING, RENOVATION, OR PAINTING OF ANY PUBLIC IMPROVEMENT 44
PERFORMED BY OTHER THAN FULL-TIME EMPLOYEES WHO HAVE COMPLETED 45
THEIR PROBATIONARY PERIOD IN THE CLASSIFIED CIVIL SERVICE OF A 46
PUBLIC AUTHORITY; 47
(3) CONSTRUCTION ON ANY PROJECT, FACILITY, OR PROJECT 49
FACILITY TO WHICH SECTION 122.452, 122.80, 165.031, 166.02, 50
1551.13, 1728.07, OR 3706.042 OF THE REVISED CODE APPLIES. 52
(C) "PUBLIC IMPROVEMENT" MEANS ALL BUILDINGS, ROADS, 55
STREETS, ALLEYS, SEWERS, DITCHES, SEWAGE DISPOSAL PLANTS, WATER 56
WORKS, AND OTHER STRUCTURES OR WORKS CONSTRUCTED BY A PUBLIC 57
AUTHORITY OR BY ANY PERSON WHO, PURSUANT TO A CONTRACT WITH A 59
PUBLIC AUTHORITY, CONSTRUCTS ANY STRUCTURE OR WORK FOR A PUBLIC 60
AUTHORITY. WHEN A PUBLIC AUTHORITY RENTS OR LEASES A NEWLY 61
CONSTRUCTED STRUCTURE WITHIN SIX MONTHS AFTER COMPLETION OF ITS 62
CONSTRUCTION, ALL WORK PERFORMED ON THAT STRUCTURE TO SUIT IT FOR 63
OCCUPANCY BY A PUBLIC AUTHORITY IS A "PUBLIC IMPROVEMENT." 64
(D) "INTERESTED PARTY," WITH RESPECT TO A PARTICULAR 67
PUBLIC IMPROVEMENT, MEANS ALL OF THE FOLLOWING:
(1) ANY PERSON WHO SUBMITS A BID FOR THE PURPOSE OF 69
SECURING THE AWARD OF A CONTRACT FOR THE PUBLIC IMPROVEMENT; 70
(2) ANY PERSON ACTING AS A SUBCONTRACTOR OF A PERSON 72
MENTIONED IN DIVISION (D)(1) OF THIS SECTION; 73
(3) ANY ASSOCIATION HAVING AS MEMBERS ANY OF THE PERSONS 75
MENTIONED IN DIVISION (D)(1) OR (2) OF THIS SECTION; 76
(4) ANY EMPLOYEE OF A PERSON MENTIONED IN DIVISION (D)(1), 78
(2), OR (3) OF THIS SECTION; 79
(5) ANY INDIVIDUAL WHO IS A RESIDENT OF THE JURISDICTION 81
OF THE PUBLIC AUTHORITY FOR WHOM PRODUCTS OR SERVICES FOR A 83
PUBLIC IMPROVEMENT ARE BEING PROCURED OR FOR WHOM WORK ON A 84
PUBLIC IMPROVEMENT IS BEING PERFORMED.
Sec. 4116.02. A PUBLIC AUTHORITY, WHEN ENGAGED IN 86
PROCURING PRODUCTS OR SERVICES, AWARDING CONTRACTS, OR OVERSEEING 87
3
PROCUREMENT OR CONSTRUCTION FOR PUBLIC IMPROVEMENTS, SHALL ENSURE 88
THAT BID SPECIFICATIONS ISSUED BY THE PUBLIC AUTHORITY FOR THE 89
PROPOSED PUBLIC IMPROVEMENT, AND ANY SUBSEQUENT CONTRACT OR OTHER 90
AGREEMENT FOR THE PUBLIC IMPROVEMENT TO WHICH THE PUBLIC
AUTHORITY AND A CONTRACTOR OR SUBCONTRACTOR ARE DIRECT PARTIES, 91
DO NOT REQUIRE A CONTRACTOR OR SUBCONTRACTOR TO DO ANY OF THE 92
FOLLOWING:
(A) ENTER INTO AGREEMENTS WITH ANY LABOR ORGANIZATION ON 95
THE PUBLIC IMPROVEMENT;
(B) ENTER INTO ANY AGREEMENT THAT REQUIRES THE EMPLOYEES 98
OF THAT CONTRACTOR OR SUBCONTRACTOR TO DO EITHER OF THE FOLLOWING 99
AS A CONDITION OF EMPLOYMENT OR CONTINUED 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 IN VIOLATION 109
OF SECTION 4116.02 OF THE REVISED CODE; 110
(B) DISCRIMINATE AGAINST ANY BIDDER, CONTRACTOR, OR 113
SUBCONTRACTOR FOR REFUSING TO BECOME A PARTY TO ANY AGREEMENT
WITH ANY LABOR ORGANIZATION ON THE PUBLIC IMPROVEMENT THAT 115
CURRENTLY IS UNDER BID OR ON PROJECTS RELATED TO THAT
IMPROVEMENT; 116
(C) OTHERWISE VIOLATE SECTION 4116.02 OF THE REVISED CODE. 118
Sec. 4116.04. (A) AN INTERESTED PARTY MAY FILE A 121
COMPLAINT AGAINST A CONTRACTING PUBLIC AUTHORITY ALLEGING A
VIOLATION OF SECTION 4116.02 OR 4116.03 OF THE REVISED CODE 122
WITHIN TWO YEARS AFTER THE DATE ON WHICH THE CONTRACT IS SIGNED 123
FOR THE PUBLIC IMPROVEMENT IN THE COURT OF COMMON PLEAS OF THE 125
COUNTY IN WHICH THE PUBLIC IMPROVEMENT IS PERFORMED. THE 126
PERFORMANCE OF THE CONTRACT FORMS THE BASIS OF THE ALLEGATION OF
A VIOLATION. THE COURT IN WHICH THE COMPLAINT IS FILED SHALL 127
HEAR AND DECIDE THE CASE AND, UPON A FINDING THAT A VIOLATION HAS 129
4
OCCURRED, SHALL VOID THE CONTRACT AND MAKE ANY ORDERS THAT WILL 130
PREVENT FURTHER VIOLATIONS.
THE RULES OF CIVIL PROCEDURE GOVERN ALL ACTIONS UNDER THIS 133
SECTION. ANY DETERMINATION OF A COURT UNDER THIS SECTION IS 134
SUBJECT TO APPELLATE REVIEW.
(B) IF, PURSUANT TO THIS SECTION, A COURT FINDS A 137
VIOLATION OF SECTION 4116.02 OR 4116.03 OF THE REVISED CODE, THE 139
COURT MAY AWARD REASONABLE ATTORNEY'S FEES, COURT COSTS, AND ANY
OTHER FEES INCURRED IN THE COURSE OF THE CIVIL ACTION TO THE 140
PREVAILING PLAINTIFF. 141