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As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Am. H. B. No. 101 |
REPRESENTATIVES YOUNG-JACOBSON-CORBIN-JORDAN-NETZLEY-
VANVYVEN-HOOD-WILLIAMS-EVANS-HARRIS
A BILL
To enact sections 4116.01, 4116.02, 4116.03, and
4116.04 of the Revised Code to prohibit public authorities from
imposing certain labor requirements as a condition of performing public works.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4116.01, 4116.02, 4116.03, and 4116.04 of the Revised
Code be enacted to read as follows:
Sec. 4116.01. AS USED IN SECTIONS 4116.01 TO 4116.04 OF THE
REVISED CODE:
(A) "PUBLIC AUTHORITY" MEANS ANY
OFFICER, BOARD, OR COMMISSION OF THE STATE, OR ANY POLITICAL
SUBDIVISION OF THE STATE, OR ANY
INSTITUTION SUPPORTED IN WHOLE OR IN PART BY PUBLIC
FUNDS, AUTHORIZED TO ENTER INTO A CONTRACT
FOR THE CONSTRUCTION OF A PUBLIC IMPROVEMENT OR TO CONSTRUCT A
PUBLIC IMPROVEMENT BY THE DIRECT EMPLOYMENT OF LABOR. "PUBLIC AUTHORITY"
SHALL NOT MEAN ANY MUNICIPAL CORPORATION THAT HAS ADOPTED A CHARTER UNDER
SECTIONS THREE AND SEVEN OF ARTICAL XVIII OF THE OHIO
CONSTITUTION, UNLESS THE SPECIFIC CONTRACT FOR A PUBLIC IMPROVEMENT INCLUDES
STATE FINDS APPROPRIATED FOR THE PURPOSES OF THAT PUBLIC IMPROVEMENT.
(B) "CONSTRUCTION" MEANS
ALL OF THE FOLLOWING:
(1) ANY NEW CONSTRUCTION OF ANY PUBLIC IMPROVEMENT
PERFORMED BY OTHER THAN FULL-TIME EMPLOYEES WHO HAVE COMPLETED
THEIR PROBATIONARY PERIODS IN THE CLASSIFIED SERVICE OF A PUBLIC
AUTHORITY;
(2) ANY RECONSTRUCTION, ENLARGEMENT, ALTERATION, REPAIR,
REMODELING, RENOVATION, OR PAINTING OF ANY PUBLIC IMPROVEMENT
PERFORMED BY OTHER THAN FULL-TIME EMPLOYEES WHO HAVE COMPLETED
THEIR PROBATIONARY PERIOD IN THE CLASSIFIED CIVIL SERVICE OF A
PUBLIC AUTHORITY;
(3) CONSTRUCTION ON ANY PROJECT, FACILITY, OR PROJECT
FACILITY TO WHICH SECTION 122.452, 122.80, 165.031, 166.02,
1551.13, 1728.07, OR 3706.042 OF THE
REVISED CODE APPLIES.
(C) "PUBLIC IMPROVEMENT"
MEANS ALL BUILDINGS, ROADS, STREETS, ALLEYS, SEWERS, DITCHES,
SEWAGE DISPOSAL PLANTS, WATER WORKS, AND OTHER STRUCTURES OR
WORKS CONSTRUCTED BY A PUBLIC AUTHORITY
OR BY ANY PERSON WHO,
PURSUANT TO A CONTRACT WITH A PUBLIC AUTHORITY, CONSTRUCTS ANY
STRUCTURE OR WORK FOR A PUBLIC AUTHORITY. WHEN A PUBLIC AUTHORITY RENTS OR
LEASES A NEWLY CONSTRUCTED STRUCTURE WITHIN SIX MONTHS AFTER
COMPLETION OF ITS CONSTRUCTION, ALL WORK PERFORMED ON THAT
STRUCTURE TO SUIT IT FOR OCCUPANCY BY A PUBLIC AUTHORITY IS A
"PUBLIC IMPROVEMENT."
(D) "INTERESTED PARTY," WITH RESPECT TO
A PARTICULAR PUBLIC IMPROVEMENT, MEANS ALL OF THE FOLLOWING:
(1) ANY PERSON WHO SUBMITS A BID FOR THE PURPOSE OF SECURING THE AWARD
OF A CONTRACT FOR THE PUBLIC IMPROVEMENT;
(2) ANY PERSON ACTING AS A SUBCONTRACTOR OF A PERSON MENTIONED IN
DIVISION (D)(1) OF THIS SECTION;
(3) ANY ASSOCIATION HAVING AS MEMBERS ANY OF THE PERSONS MENTIONED IN
DIVISION (D)(1) OR (2) OF THIS SECTION;
(4) ANY EMPLOYEE OF A PERSON MENTIONED IN DIVISION (D)(1), (2),
OR (3) OF THIS SECTION;
(5) ANY INDIVIDUAL WHO IS A RESIDENT OF THE JURISDICTION OF THE PUBLIC
AUTHORITY FOR WHOM
PRODUCTS OR SERVICES FOR A PUBLIC IMPROVEMENT ARE BEING PROCURED OR FOR WHOM
WORK ON A PUBLIC IMPROVEMENT IS BEING PERFORMED.
Sec. 4116.02. A PUBLIC AUTHORITY, WHEN ENGAGED IN PROCURING PRODUCTS OR
SERVICES, AWARDING CONTRACTS, OR OVERSEEING PROCUREMENT OR CONSTRUCTION FOR
PUBLIC IMPROVEMENTS, SHALL ENSURE THAT BID SPECIFICATIONS ISSUED BY THE PUBLIC
AUTHORITY FOR THE PROPOSED PUBLIC IMPROVEMENT, AND ANY SUBSEQUENT CONTRACT OR
OTHER AGREEMENT FOR THE PUBLIC IMPROVEMENT TO WHICH THE PUBLIC AUTHORITY AND A
CONTRACTOR OR SUBCONTRACTOR ARE DIRECT PARTIES, DO NOT REQUIRE A CONTRACTOR OR
SUBCONTRACTOR TO DO ANY OF THE FOLLOWING:
(A) ENTER INTO AGREEMENTS WITH ANY LABOR
ORGANIZATION ON THE PUBLIC IMPROVEMENT;
(B) ENTER INTO ANY AGREEMENT THAT REQUIRES
THE EMPLOYEES OF THAT CONTRACTOR OR SUBCONTRACTOR TO DO EITHER OF THE
FOLLOWING AS A CONDITION OF EMPLOYMENT OR CONTINUED EMPLOYMENT:
(1) BECOME MEMBERS OF OR AFFILIATED WITH A LABOR ORGANIZATION;
(2) PAY DUES OR FEES TO A LABOR ORGANIZATION.
Sec. 4116.03. NO PUBLIC AUTHORITY SHALL DO ANY OF THE
FOLLOWING:
(A) AWARD A CONTRACT FOR A PUBLIC
IMPROVEMENT IN VIOLATION OF SECTION 4116.02 OF THE
REVISED CODE;
(B) DISCRIMINATE AGAINST ANY BIDDER,
CONTRACTOR, OR SUBCONTRACTOR FOR REFUSING TO BECOME A PARTY TO ANY AGREEMENT
WITH ANY LABOR ORGANIZATION ON THE PUBLIC
IMPROVEMENT THAT CURRENTLY IS UNDER BID OR ON PROJECTS RELATED TO THAT
IMPROVEMENT;
(C) OTHERWISE VIOLATE SECTION 4116.02 of the Revised Code.
Sec. 4116.04. (A) AN INTERESTED PARTY
MAY FILE A COMPLAINT AGAINST A CONTRACTING PUBLIC AUTHORITY ALLEGING A
VIOLATION OF SECTION 4116.02 OR 4116.03 of the Revised Code WITHIN TWO
YEARS AFTER THE DATE ON WHICH THE CONTRACT IS SIGNED FOR THE PUBLIC
IMPROVEMENT IN THE COURT
OF COMMON PLEAS OF THE COUNTY IN WHICH THE PUBLIC IMPROVEMENT IS PERFORMED.
THE PERFORMANCE OF THE CONTRACT FORMS THE BASIS OF THE ALLEGATION OF A
VIOLATION. THE COURT IN WHICH THE COMPLAINT IS FILED SHALL HEAR AND DECIDE
THE CASE AND,
UPON A FINDING THAT A VIOLATION HAS OCCURRED, SHALL VOID THE CONTRACT AND
MAKE ANY ORDERS THAT WILL PREVENT FURTHER VIOLATIONS.
THE RULES OF CIVIL PROCEDURE
GOVERN ALL ACTIONS UNDER THIS SECTION. ANY DETERMINATION OF A
COURT UNDER THIS SECTION IS SUBJECT TO APPELLATE REVIEW.
(B) IF, PURSUANT TO THIS SECTION, A
COURT FINDS A VIOLATION OF SECTION 4116.02 OR 4116.03 OF THE
REVISED CODE,
THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES, COURT COSTS, AND ANY OTHER
FEES INCURRED IN THE COURSE OF THE CIVIL ACTION TO THE PREVAILING
PLAINTIFF.
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