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H. B. No. 596 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Foley, Lundy, Yuko, Brady, Dodd, Letson, Fende, Book, Hagan, R., Brown, Koziura, Williams, B., Mallory, Goyal, Hughes, Harwood, Budish, DeGeeter, Celeste, Domenick, Dyer, Okey, Bolon, Williams, S., Luckie, Garrison, Gerberry, Skindell, Driehaus, Ujvagi, Sykes, Boyd, Redfern, Yates, Sayre, Strahorn, Heard, DeBose, McGregor, J., Patton, Stewart, D., Beatty, Miller, Chandler, Stewart, J., Oelslager, Newcomb, Slesnick, Otterman, J., Heydinger
A BILL
To amend section 4115.04 of the Revised Code to make
a board of education of a school district or the
governing board of an educational service center
subject to the Prevailing Wage Law for public
improvement contracts.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4115.04 of the Revised Code be
amended to read as follows:
Sec. 4115.04. (A)(1) Every public authority authorized to
contract for or construct with its own forces a public
improvement, before advertising for bids or undertaking such
construction with its own forces, shall have the director
of
commerce
determine the prevailing rates of wages of
mechanics and
laborers in accordance with section 4115.05 of the
Revised Code
for the class of work called for by the public
improvement, in the
locality where the work is to be performed.
Except as provided in
division (A)(2) of this section, that schedule of wages
shall be
attached to and made part of the
specifications for the
work, and
shall be printed on the bidding
blanks where the work is
done by
contract. A copy of the bidding
blank shall be filed with
the
director before
the contract is awarded. A
minimum rate of
wages
for
common laborers, on work coming under the jurisdiction
of the
department of transportation, shall be fixed in each county
of
the
state by the department of transportation, in accordance
with
section 4115.05 of the Revised Code.
(2) In the case of contracts that are administered by the
department of natural resources, the director of natural resources
or the director's designee shall include language in the contracts
requiring wage rate determinations and updates to be obtained
directly from the department of commerce through electronic or
other means as appropriate. Contracts that include this
requirement are exempt from the requirements established in
division (A)(1) of this section that involve attaching the
schedule of wages to the specifications for the work, making the
schedule part of those specifications, and printing the schedule
on the bidding blanks where the work is done by contract.
(B) Sections 4115.03 to 4115.16 of the Revised Code do not
apply to:
(1) Public improvements in any case where the federal
government or any of
its agencies
furnishes by loan or grant all
or any part of the funds used in
constructing such improvements,
provided that the federal government
or any of its agencies
prescribes
predetermined minimum wages to
be paid to mechanics and
laborers
employed in the construction of
such improvements;
(2) A participant in a work activity,
developmental
activity,
or an alternative work
activity under sections
5107.40
to 5107.69
of the Revised Code when a public authority
directly
uses the
labor of the participant to construct a public
improvement
if the
participant is not
engaged in paid employment
or subsidized
employment pursuant to the
activity;
(3) Public improvements undertaken by, or under contract
for,
the board of
education of any school district or the
governing
board of any educational
service center;
(4) Public improvements undertaken by, or under contract
for,
a
county hospital operated pursuant to Chapter 339. of the
Revised
Code or a municipal hospital operated pursuant to Chapter 749. of
the Revised Code if none
of the
funds
used in constructing the
improvements
are the proceeds of bonds or other obligations
that
are secured by the full faith and credit
of the state, a county,
a
township, or a municipal corporation and none of
the funds
used
in
constructing the improvements, including funds used to repay
any
amounts borrowed to construct the improvements, are funds that
have been
appropriated for that purpose by the state, a board of
county
commissioners,
a township, or a municipal corporation
from
funds generated by
the levy of a tax, provided that
a
county
hospital or municipal hospital may elect to apply sections 4115.03
to 4115.16
of
the Revised Code to a public improvement undertaken
by, or
under contract for, the
hospital;
(5)(4) Any project described in divisions (D)(1)(a) to
(D)(1)(e) of section 176.05 of the Revised Code.
Section 2. That existing section 4115.04 of the Revised Code
is hereby repealed.
Section 3. Section 4115.04 of the Revised Code is presented
in
this act as a composite of the section as amended by both Sub.
H.B. 443 and Am. Sub. H.B. 699 of
the 126th General Assembly. The
General Assembly, applying the
principle stated in division (B) of
section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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