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S. B. No. 89 As IntroducedAs Introduced Corrected Version
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Schaffer, Seitz
A BILL
To amend sections 4116.01 to 4116.04 of the Revised
Code to prohibit state agencies from requiring or
prohibiting certain labor requirements as a
condition of performing public works and to
prohibit the appropriation of state funds for
public works when political subdivisions require
or prohibit certain labor requirements.
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 amended to read as follows:
Sec. 4116.01. As used in sections 4116.01 to 4116.04 of the
Revised Code:
(A) "Public authority State agency" 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 article XVIII of the Ohio constitution, unless
the specific contract for a public improvement includes state
funds appropriated for the purposes of that public improvement.
(B) "Construction" means
all both 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 state agency;
(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 state
agency.
(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
state
agency or by any person who, pursuant to a contract with a public
authority state agency, constructs any structure or work for a
public authority state agency. When a public authority state
agency 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
state agency 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 this state.
(E) "Political subdivision" has the same meaning as in
section 9.23 of the Revised Code.
Sec. 4116.02. A public authority state agency, 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 state agency for the proposed public improvement, and
any subsequent contract or other agreement for the public
improvement to which the public authority state agency and a
contractor or subcontractor are direct parties, do not require or
prohibit that 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. (A) No public authority state agency shall do
any of the following:
(A)(1) Award a contract for a public improvement in violation
of section 4116.02 of the Revised Code;
(B)(2) 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)(3) Otherwise violate section 4116.02 of the Revised Code;
(4) Issue grants or enter into cooperative agreements for
construction that have as a condition of the grant or agreement
that bid specifications, project agreements, or other documents
related to the grant or cooperative agreement contain either of
the items described in division (A) or (B) of section 4116.02 of
the Revised Code;
(5) Discriminate against any grant recipient or party to a
cooperative agreement for construction for refusing to become a
party to any agreement with any labor organization on the grant
project or cooperative agreement construction project.
(B) Within the authority granted to a state agency by the
Revised Code, the state agency shall prevent a grant recipient or
a party to a cooperative agreement from behaving inconsistently
with division (A)(2) of this section.
(C) No state funds shall be appropriated for the purpose of
constructing a public improvement, if any political subdivision of
the state, in procuring products or services, awarding contracts,
or overseeing procurement or construction for public improvements,
requires a contractor or subcontractor to enter into, or prohibits
a contractor or subcontractor from entering into, an agreement
described in divisions (A) or (B) of section 4116.02 of the
Revised Code.
Sec. 4116.04. (A) An interested party may file a complaint
against a contracting public authority state agency 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.
Section 2. That existing sections 4116.01, 4116.02, 4116.03,
and 4116.04 of the Revised Code are hereby repealed.
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