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H. B. No. 370 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Antonio, Ashford, Barborak, Boyce, Boyd, Budish, Carney, Celebrezze, Cera, Clyde, Curtin, Driehaus, Fedor, Foley, Gerberry, Letson, Lundy, Mallory, O'Brien, Patterson, Pillich, Ramos, Reece, Hagan, R., Heard, Rogers, Sheehy, Slesnick, Strahorn, Sykes, Williams, Winburn
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;
(6)(5) Public improvements undertaken by, or under contract
for, a port authority as defined in section 4582.01 or 4582.21 of
the Revised Code;
(7)(6) Any portion of a public improvement undertaken and
completed solely with labor donated by the individuals performing
the labor, by a labor organization and its members, or by a
contractor or subcontractor that donates all labor and materials
for that portion of the public improvement project.
(C) Under no circumstances shall a public authority apply the
prevailing wage requirements of this chapter to a public
improvement that is exempt under division (B)(3) of this section.
Section 2. That existing section 4115.04 of the Revised Code
is hereby repealed.
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