Bill Text: OH HB370 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 33-0)

Status: (Introduced - Dead) 2013-12-03 - To Education [HB370 Detail]

Download: Ohio-2013-HB370-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 370

Representative Phillips 

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 

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A BILL

To amend section 4115.04 of the Revised Code to make

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a board of education of a school district or the

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governing board of an educational service center

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subject to the Prevailing Wage Law for public

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improvement contracts.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4115.04 of the Revised Code be	6
amended to read as follows:	7

Sec. 4115.04.  (A)(1) Every public authority authorized to	8
contract for or construct with its own forces a public	9
improvement, before advertising for bids or undertaking such	10
construction with its own forces, shall have the director of	11
commerce determine the prevailing rates of wages of mechanics and	12
laborers in accordance with section 4115.05 of the Revised Code	13
for the class of work called for by the public improvement, in the	14
locality where the work is to be performed. Except as provided in	15
division (A)(2) of this section, that schedule of wages shall be	16
attached to and made part of the specifications for the work, and	17
shall be printed on the bidding blanks where the work is done by	18
contract. A copy of the bidding blank shall be filed with the	19
director before the contract is awarded. A minimum rate of wages	20
for common laborers, on work coming under the jurisdiction of the	21
department of transportation, shall be fixed in each county of the	22
state by the department of transportation, in accordance with	23
section 4115.05 of the Revised Code.	24

(2) In the case of contracts that are administered by the	25
department of natural resources, the director of natural resources	26
or the director's designee shall include language in the contracts	27
requiring wage rate determinations and updates to be obtained	28
directly from the department of commerce through electronic or	29
other means as appropriate. Contracts that include this	30
requirement are exempt from the requirements established in	31
division (A)(1) of this section that involve attaching the	32
schedule of wages to the specifications for the work, making the	33
schedule part of those specifications, and printing the schedule	34
on the bidding blanks where the work is done by contract.	35

(B) Sections 4115.03 to 4115.16 of the Revised Code do not	36
apply to:	37

(1) Public improvements in any case where the federal	38
government or any of its agencies furnishes by loan or grant all	39
or any part of the funds used in constructing such improvements,	40
provided that the federal government or any of its agencies	41
prescribes predetermined minimum wages to be paid to mechanics and	42
laborers employed in the construction of such improvements;	43

(2) A participant in a work activity, developmental activity,	44
or an alternative work activity under sections 5107.40 to 5107.69	45
of the Revised Code when a public authority directly uses the	46
labor of the participant to construct a public improvement if the	47
participant is not engaged in paid employment or subsidized	48
employment pursuant to the activity;	49

(3) Public improvements undertaken by, or under contract for,	50
the board of education of any school district or the governing	51
board of any educational service center;	52

(4) Public improvements undertaken by, or under contract for,	53
a county hospital operated pursuant to Chapter 339. of the Revised	54
Code or a municipal hospital operated pursuant to Chapter 749. of	55
the Revised Code if none of the funds used in constructing the	56
improvements are the proceeds of bonds or other obligations that	57
are secured by the full faith and credit of the state, a county, a	58
township, or a municipal corporation and none of the funds used in	59
constructing the improvements, including funds used to repay any	60
amounts borrowed to construct the improvements, are funds that	61
have been appropriated for that purpose by the state, a board of	62
county commissioners, a township, or a municipal corporation from	63
funds generated by the levy of a tax, provided that a county	64
hospital or municipal hospital may elect to apply sections 4115.03	65
to 4115.16 of the Revised Code to a public improvement undertaken	66
by, or under contract for, the hospital;	67

(5)(4) Any project described in divisions (D)(1)(a) to	68
(D)(1)(e) of section 176.05 of the Revised Code;	69

(6)(5) Public improvements undertaken by, or under contract	70
for, a port authority as defined in section 4582.01 or 4582.21 of	71
the Revised Code;	72

(7)(6) Any portion of a public improvement undertaken and	73
completed solely with labor donated by the individuals performing	74
the labor, by a labor organization and its members, or by a	75
contractor or subcontractor that donates all labor and materials	76
for that portion of the public improvement project.	77

(C) Under no circumstances shall a public authority apply the	78
prevailing wage requirements of this chapter to a public	79
improvement that is exempt under division (B)(3) of this section.	80

Section 2.  That existing section 4115.04 of the Revised Code	81
is hereby repealed.	82