As Introduced

Corrected Version

129th General Assembly
Regular Session
S. B. No. 89

Senator Jordan 

Cosponsors: Senators Schaffer, Seitz 

To amend sections 4116.01 to 4116.04 of the Revised 1
Code to prohibit state agencies from requiring or 2
prohibiting certain labor requirements as a 3
condition of performing public works and to 4
prohibit the appropriation of state funds for 5
public works when political subdivisions require 6
or prohibit certain labor requirements.7


       Section 1. That sections 4116.01, 4116.02, 4116.03, and 8
4116.04 of the Revised Code be amended to read as follows:9

       Sec. 4116.01.  As used in sections 4116.01 to 4116.04 of the 10
Revised Code:11

       (A) "Public authorityState agency" means any officer, board, 12
or commission of the state, or any political subdivision of the 13
state, or any institution supported in whole or in part by public 14
funds, authorized to enter into a contract for the construction of 15
a public improvement or to construct a public improvement by the 16
direct employment of labor. "Public authority" shall not mean any 17
municipal corporation that has adopted a charter under sections 18
three and seven of article XVIII of the Ohio constitution, unless 19
the specific contract for a public improvement includes state 20
funds appropriated for the purposes of that public improvement.21

       (B) "Construction" means allboth of the following:22

       (1) Any new construction of any public improvement performed 23
by other than full-time employees who have completed their 24
probationary periods in the classified service of a public 25
authoritystate agency;26

       (2) Any reconstruction, enlargement, alteration, repair, 27
remodeling, renovation, or painting of any public improvement 28
performed by other than full-time employees who have completed 29
their probationary period in the classified civil service of a30
public authority;31

       (3) Construction on any project, facility, or project 32
facility to which section 122.452, 122.80, 165.031, 166.02, 33
1551.13, 1728.07, or 3706.042 of the Revised Code appliesstate 34

       (C) "Public improvement" means all buildings, roads, streets, 36
alleys, sewers, ditches, sewage disposal plants, water works, and 37
other structures or works constructed by a public authoritystate 38
agency or by any person who, pursuant to a contract with a public 39
authoritystate agency, constructs any structure or work for a 40
public authoritystate agency. When a public authoritystate 41
agency rents or leases a newly constructed structure within six 42
months after completion of its construction, all work performed on 43
that structure to suit it for occupancy by a public authority44
state agency is a "public improvement."45

       (D) "Interested party," with respect to a particular public 46
improvement, means all of the following:47

       (1) Any person who submits a bid for the purpose of securing 48
the award of a contract for the public improvement;49

       (2) Any person acting as a subcontractor of a person 50
mentioned in division (D)(1) of this section;51

       (3) Any association having as members any of the persons 52
mentioned in division (D)(1) or (2) of this section;53

       (4) Any employee of a person mentioned in division (D)(1), 54
(2), or (3) of this section;55

       (5) Any individual who is a resident of the jurisdiction of 56
the public authority for whom products or services for a public 57
improvement are being procured or for whom work on a public 58
improvement is being performedthis state.59

       (E) "Political subdivision" has the same meaning as in 60
section 9.23 of the Revised Code.61

       Sec. 4116.02.  A public authoritystate agency, when engaged 62
in procuring products or services, awarding contracts, or 63
overseeing procurement or construction for public improvements, 64
shall ensure that bid specifications issued by the public 65
authoritystate agency for the proposed public improvement, and 66
any subsequent contract or other agreement for the public 67
improvement to which the public authoritystate agency and a 68
contractor or subcontractor are direct parties, do not require or 69
prohibit that a contractor or subcontractor to do any of the 70

       (A) Enter into agreements with any labor organization on the 72
public improvement;73

       (B) Enter into any agreement that requires the employees of 74
that contractor or subcontractor to do either of the following as 75
a condition of employment or continued employment:76

       (1) Become members of or affiliated with a labor 77

       (2) Pay dues or fees to a labor organization.79

       Sec. 4116.03. (A) No public authoritystate agency shall do 80
any of the following:81

       (A)(1) Award a contract for a public improvement in violation 82
of section 4116.02 of the Revised Code;83

       (B)(2) Discriminate against any bidder, contractor, or 84
subcontractor for refusing to become a party to any agreement with 85
any labor organization on the public improvement that currently is 86
under bid or on projects related to that improvement;87

       (C)(3) Otherwise violate section 4116.02 of the Revised Code;88

       (4) Issue grants or enter into cooperative agreements for 89
construction that have as a condition of the grant or agreement 90
that bid specifications, project agreements, or other documents 91
related to the grant or cooperative agreement contain either of 92
the items described in division (A) or (B) of section 4116.02 of 93
the Revised Code;94

       (5) Discriminate against any grant recipient or party to a 95
cooperative agreement for construction for refusing to become a 96
party to any agreement with any labor organization on the grant 97
project or cooperative agreement construction project.98

       (B) Within the authority granted to a state agency by the 99
Revised Code, the state agency shall prevent a grant recipient or 100
a party to a cooperative agreement from behaving inconsistently 101
with division (A)(2) of this section.102

       (C) No state funds shall be appropriated for the purpose of 103
constructing a public improvement, if any political subdivision of 104
the state, in procuring products or services, awarding contracts, 105
or overseeing procurement or construction for public improvements, 106
requires a contractor or subcontractor to enter into, or prohibits 107
a contractor or subcontractor from entering into, an agreement 108
described in divisions (A) or (B) of section 4116.02 of the 109
Revised Code.110

       Sec. 4116.04.  (A) An interested party may file a complaint 111
against a contracting public authoritystate agency alleging a 112
violation of section 4116.02 or 4116.03 of the Revised Code within 113
two years after the date on which the contract is signed for the 114
public improvement in the court of common pleas of the county in 115
which the public improvement is performed. The performance of the 116
contract forms the basis of the allegation of a violation. The 117
court in which the complaint is filed shall hear and decide the 118
case and, upon a finding that a violation has occurred, shall void 119
the contract and make any orders that will prevent further 120

       The Rules of Civil Procedure govern all actions under this 122
section. Any determination of a court under this section is 123
subject to appellate review.124

       (B) If, pursuant to this section, a court finds a violation 125
of section 4116.02 or 4116.03 of the Revised Code, the court may 126
award reasonable attorney's fees, court costs, and any other fees 127
incurred in the course of the civil action to the prevailing 128

       Section 2. That existing sections 4116.01, 4116.02, 4116.03, 130
and 4116.04 of the Revised Code are hereby repealed.131