As Introduced

129th General Assembly Regular Session 2011-2012

S. B. No. 89

Senator Jordan 

Cosponsors: Senators Obhof, Schaffer, Seitz 

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A BILL

To amend sections 4116.01 to 4116.04 of the Revised

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Code to prohibit state agencies from requiring or

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prohibiting certain labor requirements as a

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condition of performing public works and to

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prohibit the appropriation of state funds for

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public works when political subdivisions require

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or prohibit certain labor requirements.

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

Section 1. That sections 4116.01, 4116.02, 4116.03, and	8
4116.04 of the Revised Code be amended to read as follows:	9

Sec. 4116.01.  As used in sections 4116.01 to 4116.04 of the	10
Revised Code:	11

(A) "Public authorityState agency" means any officer, board,	12
or commission of the state, or any political subdivision of the	13
state, or any institution supported in whole or in part by public	14
funds, authorized to enter into a contract for the construction of	15
a public improvement or to construct a public improvement by the	16
direct employment of labor. "Public authority" shall not mean any	17
municipal corporation that has adopted a charter under sections	18
three and seven of article XVIII of the Ohio constitution, unless	19
the specific contract for a public improvement includes state	20
funds appropriated for the purposes of that public improvement.	21

(B) "Construction" means allboth of the following:

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(1) Any new construction of any public improvement performed	23
by other than full-time employees who have completed their	24
probationary periods in the classified service of a public	25
authoritystate agency;	26

(2) Any reconstruction, enlargement, alteration, repair,	27
remodeling, renovation, or painting of any public improvement	28
performed by other than full-time employees who have completed	29
their probationary period in the classified civil service of a	30
public authority;	31

(3) Construction on any project, facility, or project	32
facility to which section 122.452, 122.80, 165.031, 166.02,	33
1551.13, 1728.07, or 3706.042 of the Revised Code appliesstate	34
agency.	35

(C) "Public improvement" means all buildings, roads, streets,	36
alleys, sewers, ditches, sewage disposal plants, water works, and	37
other structures or works constructed by a public authoritystate	38
agency or by any person who, pursuant to a contract with a public	39
authoritystate agency, constructs any structure or work for a	40
public authoritystate agency. When a public authoritystate	41
agency rents or leases a newly constructed structure within six	42
months after completion of its construction, all work performed on	43
that structure to suit it for occupancy by a public authority	44
state agency is a "public improvement."	45

(D) "Interested party," with respect to a particular public	46
improvement, means all of the following:	47

(1) Any person who submits a bid for the purpose of securing	48
the award of a contract for the public improvement;	49

(2) Any person acting as a subcontractor of a person	50
mentioned in division (D)(1) of this section;	51

(3) Any association having as members any of the persons	52
mentioned in division (D)(1) or (2) of this section;	53

(4) Any employee of a person mentioned in division (D)(1),	54
(2), or (3) of this section;	55

(5) Any individual who is a resident of the jurisdiction of	56
the public authority for whom products or services for a public	57
improvement are being procured or for whom work on a public	58
improvement is being performedthis state.	59

(E) "Political subdivision" has the same meaning as in	60
section 9.23 of the Revised Code.	61

Sec. 4116.02.  A public authoritystate agency, when engaged	62
in procuring products or services, awarding contracts, or	63
overseeing procurement or construction for public improvements,	64
shall ensure that bid specifications issued by the public	65
authoritystate agency for the proposed public improvement, and	66
any subsequent contract or other agreement for the public	67
improvement to which the public authoritystate agency and a	68
contractor or subcontractor are direct parties, do not require or	69
prohibit that a contractor or subcontractor to do any of the	70
following:	71

(A) Enter into agreements with any labor organization on the	72
public improvement;	73

(B) Enter into any agreement that requires the employees of	74
that contractor or subcontractor to do either of the following as	75
a condition of employment or continued employment:	76

(1) Become members of or affiliated with a labor	77
organization;	78

(2) Pay dues or fees to a labor organization.

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Sec. 4116.03. (A) No public authoritystate agency shall do	80
any of the following:	81

(A)(1) Award a contract for a public improvement in violation	82
of section 4116.02 of the Revised Code;	83

(B)(2) Discriminate against any bidder, contractor, or	84
subcontractor for refusing to become a party to any agreement with	85
any labor organization on the public improvement that currently is	86
under bid or on projects related to that improvement;	87

(C)(3) Otherwise violate section 4116.02 of the Revised Code;

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(4) Issue grants or enter into cooperative agreements for	89
construction that have as a condition of the grant or agreement	90
that bid specifications, project agreements, or other documents	91
related to the grant or cooperative agreement contain either of	92
the items described in division (A) or (B) of section 4116.02 of	93
the Revised Code;	94

(5) Discriminate against any grant recipient or party to a	95
cooperative agreement for construction for refusing to become a	96
party to any agreement with any labor organization on the grant	97
project or cooperative agreement construction project.	98

(B) Within the authority granted to a state agency by the	99
Revised Code, the state agency shall prevent a grant recipient or	100
a party to a cooperative agreement from behaving inconsistently	101
with division (A)(2) of this section.	102

(C) No state funds shall be appropriated for the purpose of	103
constructing a public improvement, if any political subdivision of	104
the state, in procuring products or services, awarding contracts,	105
or overseeing procurement or construction for public improvements,	106
requires a contractor or subcontractor to enter into, or prohibits	107
a contractor or subcontractor from entering into, an agreement	108
described in divisions (A) or (B) of section 4116.02 of the	109
Revised Code.	110

Sec. 4116.04.  (A) An interested party may file a complaint	111
against a contracting public authoritystate agency alleging a	112
violation of section 4116.02 or 4116.03 of the Revised Code within	113
two years after the date on which the contract is signed for the	114
public improvement in the court of common pleas of the county in	115
which the public improvement is performed. The performance of the	116
contract forms the basis of the allegation of a violation. The	117
court in which the complaint is filed shall hear and decide the	118
case and, upon a finding that a violation has occurred, shall void	119
the contract and make any orders that will prevent further	120
violations.	121

The Rules of Civil Procedure govern all actions under this	122
section. Any determination of a court under this section is	123
subject to appellate review.	124

(B) If, pursuant to this section, a court finds a violation	125
of section 4116.02 or 4116.03 of the Revised Code, the court may	126
award reasonable attorney's fees, court costs, and any other fees	127
incurred in the course of the civil action to the prevailing	128
plaintiff.	129

Section 2. That existing sections 4116.01, 4116.02, 4116.03,	130
and 4116.04 of the Revised Code are hereby repealed.	131