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Am. Sub. S. B. No. 11As Passed by the House
As Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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SENATORS Hagan, Nein, Ryan, Shoemaker, Furney, Herington, DiDonato, McLin, Brady, Prentiss, Mallory, Fingerhut, Armbruster, Oelslager, Spada, Austria, R. L. Gardner, Hottinger, Mumper, Amstutz, Carnes, Espy, Jacobson, Harris
REPRESENTATIVES Distel, Ogg, Sulzer, Redfern, Krupinski, Boccieri, Strahorn, Sferra, Allen, Otterman, S. Smith, Beatty, R. Miller, Key, Fedor, Britton, Carano, Driehaus, Flannery, D. Miller, Womer Benjamin, Metzger, Rhine, Oakar, Blasdel, Metelsky, Hartnett, Callender, Grendell, Latell, Hagan, Sullivan, Schaffer, Calvert, Aslanides, Kilbane, Hughes, Carey, Reidelbach, Barrett, DePiero, Jerse, Sykes, Stapleton, Hoops, Coates, Collier, Perry, Manning, Seaver, Ford, Trakas, Salerno, Olman, Barnes, Cirelli, Jones
A BILL
To amend sections 153.011 and 153.99 of the Revised
Code to
modify criteria regarding the use of
foreign steel
products for
public improvements, to
authorize the
Director of Administrative Services
to investigate
and the
Attorney General to enforce
the
prohibition against impermissible use of
foreign
steel, to establish a civil penalty
for
violation
of this prohibition, and to declare an
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 153.011 and 153.99 of the Revised
Code be
amended to read as
follows:
Sec. 153.011. (A)(1) Whenever
Except as provided in
division
(D) of this section, whenever any building or
structure,
including highway improvements, in whole or in part supported by
the state
and not yet bid
capital funds, including moneys from the
education facilities trust fund, is to be erected or constructed,
or
whenever additions, alterations, or structural or other
improvements are to be made,
or heating, cooling, or ventilating
plants or other equipment is to be installed or material supplied
therefor,
and if any steel products are to be
used
purchased for
or
supplied
provided in
the construction, repair, or improvement project,
only steel
products as defined in
this division
(F) of this
section shall be
used
purchased for or
supplied
provided in
the project. (2)(B)(1)
No person shall purchase or provide steel products
in violation of
division (A) of this section.
(2) Notwithstanding division (B) of section 153.99 of the
Revised Code, no person who purchases steel products in violation
of division (A) of this section shall be held liable in a civil
action commenced under division (C) of this section, or pay a civil penalty
under division (B) of section 153.99 of the Revised Code, if that person
can demonstrate the person's compliance with division (E) of this
section. (C) Whenever the director of administrative services has
reasonable cause to believe
that any person has purchased or
provided steel
products in violation of division
(A) of this
section, the
director shall conduct an
investigation to determine
whether the
person has purchased or provided or is purchasing or
providing
steel products in violation of
division (A) of this
section. Upon
conducting the investigation,
if the director finds
that the person has
purchased or provided or is purchasing or
providing
steel products in violation of division (A)
of this
section, the
director shall request the
attorney general to
commence a civil action
under this section against the
person for
violating division
(A)
of this section. The remedy
provided in
this section is
concurrent with any
other remedy provided in this
chapter, and
the existence or
exercise of one remedy does not
prevent the exercise of any
other.
Upon collection of the
civil
penalty under division (B) of section
153.99 of the Revised
Code,
pursuant to an action authorized under
this section, the
attorney
general shall pay the money collected
to the treasurer of
the
board of education of the city, local, or
exempted village
school
district and joint vocational school district, if one exists, in
which the construction,
repair, or improvement
project for which
the steel products used
in violation of division
(A) of this
section is located. The
treasurer shall deposit the
civil penalty
in equal amounts into the school
district's general fund and the
joint vocational school district's general fund. If a joint
vocational school district does not exist where the violation
occurred, then the entire sum of the civil penalty shall be
deposited into the school district's general fund. (D)
Pursuant to section 5525.21 of the Revised
Code, the
director of transportation may authorize the purchase or provision or
both of a
minimal
amount of foreign steel products for use in
contracts for public bridge
projects. The
director of administrative services may waive the
requirements of division
(A) of this section if the director
determines that
either division (A) or (B) of section 5525.21 of
the Revised Code is true
in connection with a public bridge
project. The director shall issue this
determination in writing. (E) The following notice shall be included in boldface type
and capital letters in all bid notifications and specifications
between all parties to any contract authorized under Chapter 153.
of the Revised Code or subject to this section and section 153.99
of the Revised Code: "Domestic steel use requirements as specified
in section 153.011 of the Revised Code apply to this project.
Copies of section 153.011 of the Revised Code can be obtained from
any of the offices of the department of administrative services." (F) As used in this
division
section: (a)(1)
"Steel products" means products rolled, formed,
shaped, drawn, extruded, forged, cast, fabricated or otherwise
similarly processed, or processed by a combination of two or more
of such operations,
and used for load-bearing structural purposes,
from
steel
made in the United States by the
open hearth, basic
oxygen,
electric furnace, bessemer or other
steel making process.
(b)(2)
"United States" means the United States of America
and
includes all territory, continental or insular, subject to the
jurisdiction of the United States.
(B) Pursuant to section 5525.21 of the Revised Code, the
director of transportation may authorize the use of a minimal
amount of foreign steel products in contracts for public bridge
projects.
Sec. 153.99. (A) Whoever violates section 153.58 of the
Revised Code shall
be fined not more than one thousand dollars.
(B) A person who purchases or provides steel products in
violation of
division (A) of section 153.011 of the Revised Code
shall pay a
civil penalty equal to one and one-half times the
purchase price of the steel products purchased or provided in
violation of that section.
Section 2. That existing sections 153.011 and 153.99 of the
Revised Code are hereby
repealed.
Section 3. Sections 1 and 2 of this act shall apply only to
any project for which bidding commences on or after the effective
date of this act.
Section 4. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
the steel companies within the state are facing dire fiscal
constraints, and the loss of jobs is escalating. Therefore this
act shall go into immediate effect.
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