H. B. No. 80 As Introduced

Representatives G. Smith, Flowers, Hartnett, Calvert, Hagan

A BILL

To enact sections 153.73 and 153.731 of the Revised 1
Code to prohibit a state agency from awarding a 2
public improvement contract unless its terms 3
require the contractor to participate in a 4
specified drug-free workplace program. 5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 153.73 and 153.731 of the Revised 6
Code be enacted to read as follows: 7

       Sec. 153.73. (A) As used in this section: 8

        (1) "Contracting authority" means any state agency or other 9
state instrumentality that is authorized to award a public 10
improvement contract. 11

        (2) "Contractor" includes each construction manager, 12
construction contractor, or subcontractor providing labor 13
services, lease labor, or manpower, for a public improvement 14
contract. 15

        (3) "Labor services" means any construction services 16
performed on the site of the construction, alteration, or repair 17
of a public building, public highway, or other public improvement. 18

       (4) "Public improvement contract" means any contract that is 19
financed in whole or in part with money appropriated by the 20
general assembly, or that is financed in any manner by a 21
contracting authority that is a state institution of higher 22
education, and that is awarded by a contracting authority for the 23
construction, alteration, or repair of any public building, public 24
highway, or other public improvement. 25

       (5) "State agency" means every organized body, office, or 26
agency established by the laws of this state for the exercise of 27
any function of state government. 28

        (B) A contracting authority shall not award a public 29
improvement contract to a contractor unless the terms of the 30
contract require the contractor to be enrolled in and be in good 31
standing in the drug-free workplace program of the bureau of 32
workers' compensation or a comparable program that is approved by 33
the bureau and that meets the minimum requirements of the bureau's 34
drug-free workplace program. A contracting authority shall ensure 35
that money appropriated by the general assembly for the 36
contracting authority's public improvement contract or, in the 37
case of a state institution of higher education, the institution's 38
financing for the public improvement contract, is not expended 39
unless each contractor for that contract is enrolled in and in 40
good standing in such a program. A contracting authority need 41
verify only once during the term of a public improvement contract 42
that each contractor for the contract is enrolled in and in good 43
standing in such a program. 44

       Sec. 153.731. The general assembly intends the drug-free 45
workplace programs required by section 153.73 of the Revised Code 46
to be of assistance in ensuring that public buildings, public 47
highways, and other public improvements of the state are 48
constructed, altered, or repaired in a manner that protects the 49
safety of the citizens of this state. 50

Section 1. That sections 153.73 and 153.731 of the Revised	6
Code be enacted to read as follows:	7

(1) "Contracting authority" means any state agency or other	9
state instrumentality that is authorized to award a public	10
improvement contract.	11

(2) "Contractor" includes each construction manager,	12
construction contractor, or subcontractor providing labor	13
services, lease labor, or manpower, for a public improvement	14
contract.	15

(3) "Labor services" means any construction services	16
performed on the site of the construction, alteration, or repair	17
of a public building, public highway, or other public improvement.	18

(4) "Public improvement contract" means any contract that is	19
financed in whole or in part with money appropriated by the	20
general assembly, or that is financed in any manner by a	21
contracting authority that is a state institution of higher	22
education, and that is awarded by a contracting authority for the	23
construction, alteration, or repair of any public building, public	24
highway, or other public improvement.	25

(5) "State agency" means every organized body, office, or	26
agency established by the laws of this state for the exercise of	27
any function of state government.	28

(B) A contracting authority shall not award a public	29
improvement contract to a contractor unless the terms of the	30
contract require the contractor to be enrolled in and be in good	31
standing in the drug-free workplace program of the bureau of	32
workers' compensation or a comparable program that is approved by	33
the bureau and that meets the minimum requirements of the bureau's	34
drug-free workplace program. A contracting authority shall ensure	35
that money appropriated by the general assembly for the	36
contracting authority's public improvement contract or, in the	37
case of a state institution of higher education, the institution's	38
financing for the public improvement contract, is not expended	39
unless each contractor for that contract is enrolled in and in	40
good standing in such a program. A contracting authority need	41
verify only once during the term of a public improvement contract	42
that each contractor for the contract is enrolled in and in good	43
standing in such a program.	44

Sec. 153.731. The general assembly intends the drug-free	45
workplace programs required by section 153.73 of the Revised Code	46
to be of assistance in ensuring that public buildings, public	47
highways, and other public improvements of the state are	48
constructed, altered, or repaired in a manner that protects the	49
safety of the citizens of this state.	50