As Passed by the Senate 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
SENATORS NEIN-WACHTMANN-FINAN-SCHAFRATH-MUMPER-JOHNSON
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A B I L L
To enact sections 4116.01, 4116.02, 4116.03, and 13
4116.04 of the Revised Code to prohibit public 14
authorities from imposing certain labor 15
requirements as a condition of performing public
works.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That sections 4116.01, 4116.02, 4116.03, and 19
4116.04 of the Revised Code be enacted to read as follows: 20
Sec. 4116.01. AS USED IN SECTIONS 4116.01 TO 4116.04 OF 22
THE REVISED CODE: 23
(A) "PUBLIC AUTHORITY" MEANS ANY OFFICER, BOARD, OR 26
COMMISSION OF THE STATE, OR ANY POLITICAL SUBDIVISION OF THE 27
STATE, OR ANY INSTITUTION SUPPORTED IN WHOLE OR IN PART BY PUBLIC 28
FUNDS, AUTHORIZED TO ENTER INTO A CONTRACT FOR THE CONSTRUCTION 30
OF A PUBLIC IMPROVEMENT OR TO CONSTRUCT A PUBLIC IMPROVEMENT BY 31
THE DIRECT EMPLOYMENT OF LABOR. "PUBLIC AUTHORITY" SHALL NOT 32
MEAN ANY MUNICIPAL CORPORATION THAT HAS ADOPTED A CHARTER UNDER
SECTIONS THREE AND SEVEN OF ARTICLE XVIII OF THE OHIO 33
CONSTITUTION, UNLESS THE SPECIFIC CONTRACT FOR A PUBLIC 34
IMPROVEMENT INCLUDES STATE FUNDS APPROPRIATED FOR THE PURPOSES OF 35
THAT PUBLIC IMPROVEMENT.
(B) "CONSTRUCTION" MEANS ALL OF THE FOLLOWING: 38
(1) ANY NEW CONSTRUCTION OF ANY PUBLIC IMPROVEMENT 40
PERFORMED BY OTHER THAN FULL-TIME EMPLOYEES WHO HAVE COMPLETED 41
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THEIR PROBATIONARY PERIODS IN THE CLASSIFIED SERVICE OF A PUBLIC 42
AUTHORITY; 43
(2) ANY RECONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR, 45
REMODELING, RENOVATION, OR PAINTING OF ANY PUBLIC IMPROVEMENT 46
PERFORMED BY OTHER THAN FULL-TIME EMPLOYEES WHO HAVE COMPLETED 47
THEIR PROBATIONARY PERIOD IN THE CLASSIFIED CIVIL SERVICE OF A 48
PUBLIC AUTHORITY; 49
(3) CONSTRUCTION ON ANY PROJECT, FACILITY, OR PROJECT 51
FACILITY TO WHICH SECTION 122.452, 122.80, 165.031, 166.02, 52
1551.13, 1728.07, OR 3706.042 OF THE REVISED CODE APPLIES. 54
(C) "PUBLIC IMPROVEMENT" MEANS ALL BUILDINGS, ROADS, 57
STREETS, ALLEYS, SEWERS, DITCHES, SEWAGE DISPOSAL PLANTS, WATER 58
WORKS, AND OTHER STRUCTURES OR WORKS CONSTRUCTED BY A PUBLIC 59
AUTHORITY OR BY ANY PERSON WHO, PURSUANT TO A CONTRACT WITH A 61
PUBLIC AUTHORITY, CONSTRUCTS ANY STRUCTURE OR WORK FOR A PUBLIC 62
AUTHORITY. WHEN A PUBLIC AUTHORITY RENTS OR LEASES A NEWLY 63
CONSTRUCTED STRUCTURE WITHIN SIX MONTHS AFTER COMPLETION OF ITS 64
CONSTRUCTION, ALL WORK PERFORMED ON THAT STRUCTURE TO SUIT IT FOR 65
OCCUPANCY BY A PUBLIC AUTHORITY IS A "PUBLIC IMPROVEMENT." 66
(D) "INTERESTED PARTY," WITH RESPECT TO A PARTICULAR 69
PUBLIC IMPROVEMENT, MEANS ALL OF THE FOLLOWING:
(1) ANY PERSON WHO SUBMITS A BID FOR THE PURPOSE OF 71
SECURING THE AWARD OF A CONTRACT FOR THE PUBLIC IMPROVEMENT; 72
(2) ANY PERSON ACTING AS A SUBCONTRACTOR OF A PERSON 74
MENTIONED IN DIVISION (D)(1) OF THIS SECTION; 75
(3) ANY ASSOCIATION HAVING AS MEMBERS ANY OF THE PERSONS 77
MENTIONED IN DIVISION (D)(1) OR (2) OF THIS SECTION; 78
(4) ANY EMPLOYEE OF A PERSON MENTIONED IN DIVISION (D)(1), 80
(2), OR (3) OF THIS SECTION; 81
(5) ANY INDIVIDUAL WHO IS A RESIDENT OF THE JURISDICTION 83
OF THE PUBLIC AUTHORITY FOR WHOM PRODUCTS OR SERVICES FOR A 85
PUBLIC IMPROVEMENT ARE BEING PROCURED OR FOR WHOM WORK ON A 86
PUBLIC IMPROVEMENT IS BEING PERFORMED.
Sec. 4116.02. A PUBLIC AUTHORITY, WHEN ENGAGED IN 88
3
PROCURING PRODUCTS OR SERVICES, AWARDING CONTRACTS, OR OVERSEEING 89
PROCUREMENT OR CONSTRUCTION FOR PUBLIC IMPROVEMENTS, SHALL ENSURE 90
THAT BID SPECIFICATIONS ISSUED BY THE PUBLIC AUTHORITY FOR THE 91
PROPOSED PUBLIC IMPROVEMENT, AND ANY SUBSEQUENT CONTRACT OR OTHER 92
AGREEMENT FOR THE PUBLIC IMPROVEMENT TO WHICH THE PUBLIC
AUTHORITY AND A CONTRACTOR OR SUBCONTRACTOR ARE DIRECT PARTIES, 93
DO NOT REQUIRE A CONTRACTOR OR SUBCONTRACTOR TO DO ANY OF THE 94
FOLLOWING:
(A) ENTER INTO AGREEMENTS WITH ANY LABOR ORGANIZATION ON 97
THE PUBLIC IMPROVEMENT;
(B) ENTER INTO ANY AGREEMENT THAT REQUIRES THE EMPLOYEES 100
OF THAT CONTRACTOR OR SUBCONTRACTOR TO DO EITHER OF THE FOLLOWING 101
AS A CONDITION OF EMPLOYMENT OR CONTINUED EMPLOYMENT:
(1) BECOME MEMBERS OF OR AFFILIATED WITH A LABOR 103
ORGANIZATION;
(2) PAY DUES OR FEES TO A LABOR ORGANIZATION. 105
Sec. 4116.03. NO PUBLIC AUTHORITY SHALL DO ANY OF THE 107
FOLLOWING: 108
(A) AWARD A CONTRACT FOR A PUBLIC IMPROVEMENT IN VIOLATION 111
OF SECTION 4116.02 OF THE REVISED CODE; 112
(B) DISCRIMINATE AGAINST ANY BIDDER, CONTRACTOR, OR 115
SUBCONTRACTOR FOR REFUSING TO BECOME A PARTY TO ANY AGREEMENT
WITH ANY LABOR ORGANIZATION ON THE PUBLIC IMPROVEMENT THAT 117
CURRENTLY IS UNDER BID OR ON PROJECTS RELATED TO THAT
IMPROVEMENT; 118
(C) OTHERWISE VIOLATE SECTION 4116.02 OF THE REVISED CODE. 120
Sec. 4116.04. (A) AN INTERESTED PARTY MAY FILE A 123
COMPLAINT AGAINST A CONTRACTING PUBLIC AUTHORITY ALLEGING A
VIOLATION OF SECTION 4116.02 OR 4116.03 OF THE REVISED CODE 124
WITHIN TWO YEARS AFTER THE DATE ON WHICH THE CONTRACT IS SIGNED 125
FOR THE PUBLIC IMPROVEMENT IN THE COURT OF COMMON PLEAS OF THE 127
COUNTY IN WHICH THE PUBLIC IMPROVEMENT IS PERFORMED. THE 128
PERFORMANCE OF THE CONTRACT FORMS THE BASIS OF THE ALLEGATION OF
A VIOLATION. THE COURT IN WHICH THE COMPLAINT IS FILED SHALL 129
4
HEAR AND DECIDE THE CASE AND, UPON A FINDING THAT A VIOLATION HAS 131
OCCURRED, SHALL VOID THE CONTRACT AND MAKE ANY ORDERS THAT WILL 132
PREVENT FURTHER VIOLATIONS.
THE RULES OF CIVIL PROCEDURE GOVERN ALL ACTIONS UNDER THIS 135
SECTION. ANY DETERMINATION OF A COURT UNDER THIS SECTION IS 136
SUBJECT TO APPELLATE REVIEW.
(B) IF, PURSUANT TO THIS SECTION, A COURT FINDS A 139
VIOLATION OF SECTION 4116.02 OR 4116.03 OF THE REVISED CODE, THE 141
COURT MAY AWARD REASONABLE ATTORNEY'S FEES, COURT COSTS, AND ANY
OTHER FEES INCURRED IN THE COURSE OF THE CIVIL ACTION TO THE 142
PREVAILING PLAINTIFF. 143