130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

Sub. S. B. No. 11 -- As Reported by the Senate Insurance, Commerce and Labor Committee
As Reported by the Senate Insurance, Commerce and Labor Committee

124th General Assembly
Regular Session
2001-2002
Sub. S. B. No. 11


SENATORS Hagan, Nein, Ryan, Shoemaker, Furney, Herington, DiDonato, McLin, Brady, Prentiss, Mallory, Fingerhut, Armbruster, Oelslager, Spada, Austria, R. L. Gardner, Hottinger, Mumper



A BILL
To amend section 153.011 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 section 153.011 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 or supplied in the construction, repair, or improvement project, only steel products as defined in this division (E) of this section shall be used or supplied in the project.
(2)(B) A contractor who uses steel products in violation of division (A) of this section shall pay a civil penalty equal to one and one-half times the cost of the steel products used in violation of division (A) of this section. Upon collection of the civil penalty pursuant to an action authorized by division (C) of 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 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 into the school district's general fund.
(C) Whenever the director of administrative services has reasonable cause to believe that a contractor has used steel products in violation of division (A) of this section, the director shall conduct an investigation to determine whether the contractor has used or is using steel products in violation of division (A) of this section. Upon conducting the investigation, if the director finds that the contractor has used or is using steel products in violation of division (A) of this section, the director shall request the attorney general to commence an action under this section against the contractor for violating division (A) of this section. Any action under this section is a civil action, governed by the Rules of Civil Procedure and other rules of practice and procedure applicable to civil actions. The remedy provided in this section is cumulative and 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.
(D) 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.
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) 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 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.
Section 2.  That existing section 153.011 of the Revised Code is hereby repealed.
Section 3. 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.
Please send questions and comments to the Webmaster.
© 2024 Legislative Information Systems | Disclaimer