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H. B. No. 403 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Foley, Ramos, Pillich, Yuko, Letson, Antonio, Gerberry, Lundy, Phillips, Murray
A BILL
To enact sections 9.242 and 9.662 of the Revised Code
to require that all labor and services performed
under any contract for goods or services paid for
with state funds be performed within the United
States, that all labor affected by state-funded
economic development assistance be labor within
the United States, and that all services performed
as a result of such economic development
assistance be performed within the United States.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 9.242 and 9.662 of the Revised Code
be enacted to read as follows:
Sec. 9.242. (A) As used in this section:
(1) "Political subdivision" means any county, municipal
corporation, or township of the state.
(2) "State agency" means every organized body, office, or
agency established by the laws of the state for the exercise of
any function of state government.
(B) A state agency or political subdivision shall not award a
contract for goods or services paid for in whole or in part with
state funds, unless the person to whom the contract is awarded
certifies that all labor and services to be performed in
connection with the contract will be performed at a location
within the United States.
(C) If, during the term of the contract, any labor or service
performed in connection with the contract is performed at a
location not within the United States, the contract shall be
terminated by the state agency or political subdivision for
noncompliance. The person to whom the contract was awarded shall
forfeit to the state agency or political subdivision the amount
paid by the state agency or political subdivision for the
percentage of labor or services that was performed at a location
not within the United States.
(D) The state or a political subdivision, as applicable, may
bring a civil action for the recovery of money due the state or
political subdivision under division (C) of this section. If the
state or political subdivision obtains a judgment against the
person to whom the contract was awarded, the court shall award
reasonable attorney's fees and costs.
(E) During the five-year period immediately following the
termination of a contract pursuant to division (C) of this
section, the person to whom the contract was awarded shall not be
eligible for any other contract for goods or services paid for in
whole or in part with state funds.
Sec. 9.662. (A) As used in this section:
(1) "Economic development assistance" means all of the
following:
(a) The programs and assistance provided or administered by
the department of development under Chapters 122. and 166. of the
Revised Code and any other section of the Revised Code under which
the department provides or administers economic development
assistance;
(b) The tax credit authorized by section 5725.31, 5729.07,
5733.42, or 5747.39 of the Revised Code and any other tax credit
offered by the state to promote economic development;
(c) Economic development assistance that is provided or
administered by a state agency under any other section of the
Revised Code;
(d) Economic development assistance that is provided or
administered by a political subdivision and is funded, in whole or
in part, with state money.
(2) "Political subdivision" means any county, municipal
corporation, or township of the state.
(3) "State agency" means every organized body, office, or
agency established by the laws of the state for the exercise of
any function of state government.
(B) A state agency or political subdivision shall not provide
economic development assistance, unless the person to whom the
assistance is provided certifies that all labor affected by the
assistance will be labor within the United States and that all
services performed as a result of the assistance will be performed
at a location within the United States.
(C) If any labor affected by the economic development
assistance is labor not within the United States or any service
performed as a result of the assistance is performed at a location
not within the United States, the state agency or political
subdivision shall reduce the amount or term of the assistance
accordingly.
(D) The state or a political subdivision, as applicable, may
bring a civil action for the recovery of money due the state or
political subdivision under division (C) of this section. If the
state or political subdivision obtains a judgment against the
person to whom the economic development assistance was provided,
the court shall award reasonable attorney's fees and costs.
(E) If the amount or term of economic development assistance
is reduced pursuant to division (C) of this section, the person to
whom the assistance was awarded shall not, for five years
thereafter, be eligible for any other economic development
assistance.
Section 2. Sections 9.242 and 9.662 of the Revised Code, as
enacted by this act, apply only to contracts for goods and
services that are awarded on or after the effective date of this
act and to economic development assistance that is provided on or
after that date.
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