Bill Text: OH HB229 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To expand the number of potential bidders for public works funded by a state agency and not discriminate in favor of or against labor organizations by requiring or prohibiting certain labor requirements as a condition of performing these public works, and to expand the potential number of bidders for public works conducted by a political subdivision of the state and not reward discrimination in favor of or against labor organizations by the appropriation of state funds for public works when a political subdivision discriminates by requiring or prohibiting certain labor requirements as a condition of performing public works.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2013-07-02 - To State and Local Government [HB229 Detail]

Download: Ohio-2013-HB229-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 229

Representative Young 

Cosponsors: Representatives Adams, J., Beck, Becker, Buchy, Hood, Lynch, Roegner, Wachtmann 

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A BILL

To amend sections 4116.01 to 4116.04; to amend, for

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the purpose of adopting a new section number as

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indicated in parentheses, section 4116.04

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(4116.05); and to enact new section 4116.04 and

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section 4116.06 of the Revised Code to expand the

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number of potential bidders for public works

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funded by a state agency and not discriminate in

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favor of or against labor organizations by

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requiring or prohibiting certain labor

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requirements as a condition of performing these

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public works, and to expand the potential number

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of bidders for public works conducted by a

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political subdivision of the state and not reward

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discrimination in favor of or against labor

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organizations by the appropriation of state funds

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for public works when a political subdivision

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discriminates by requiring or prohibiting certain

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labor requirements as a condition of performing

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public works.

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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	20
4116.04 be amended, section 4116.04 (4116.05) be amended for the	21
purpose of adopting a new section number as indicated in	22
parentheses, and new section 4116.04 and section 4116.06 of the	23
Revised Code be enacted to read as follows:	24

Sec. 4116.01.  As used in sections 4116.01 to 4116.04 of the	25
Revised Codethis chapter:	26

(A) "Public authorityState agency" means any officer, board,	27
or commission of the state, or any political subdivision of the	28
state, or any institution supported in whole or in part by public	29
funds, authorized to enter into a contract for the construction of	30
a public improvement or to construct a public improvement by the	31
direct employment of labor, and includes a state institution of	32
higher education. "Public authority" shall not mean any municipal	33
corporation that has adopted a charter under sections three and	34
seven of article XVIII of the Ohio Constitution, unless the	35
specific contract for a public improvement includes state funds	36
appropriated for the purposes of that public improvement.	37

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

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(1) Any new construction of any public improvement performed	39
by other than full-time employees who have completed their	40
probationary periods in the classified service of a public	41
authoritystate agency or political subdivision;	42

(2) Any reconstruction, enlargement, alteration, repair,	43
remodeling, renovation, or painting of any public improvement	44
performed by other than full-time employees who have completed	45
their probationary period in the classified civil service of a	46
public authority;	47

(3) Construction on any project, facility, or project	48
facility to which section 122.80, 166.02, or 1728.07 of the	49
Revised Code applies;	50

(4) Construction on any project as defined in section 122.39	51
of the Revised Code, any project as defined in section 165.01 of	52
the Revised Code, any energy resource development facility as	53
defined in section 1551.01 of the Revised Code, or any project as	54
defined in section 3706.01 of the Revised Codestate agency or	55
political subdivision.	56

(C) "Public improvement" means all buildings, roads, streets,	57
alleys, sewers, ditches, sewage disposal plants, water works, and	58
other structures or works constructed by a public authoritystate	59
agency or political subdivision or by any person who, pursuant to	60
a contract with a public authoritystate agency or political	61
subdivision, constructs any structure or work for a public	62
authoritystate agency or political subdivision. When a public	63
authority rents or leases a newly constructed structure within six	64
months after completion of its construction, all work performed on	65
that structure to suit it for occupancy by a public authority is a	66
"public improvement."	67

(D) "Interested party," with respect to a particular public	68
improvement, means all of the following:	69

(1) Any person who submits a bid for the purpose of securing	70
the award of a contract for the public improvement;	71

(2) Any person acting as a subcontractor of a person	72
mentioned in division (D)(1) of this section;	73

(3) Any association having as members any of the persons	74
mentioned in division (D)(1) or (2) of this section;	75

(4) Any employee of a person mentioned in division (D)(1),	76
(2), or (3) of this section;	77

(5) Any individual who is a resident of the jurisdiction of	78
the public authority for whom products or services for a public	79
improvement are being procured or for whom work on a public	80
improvement is being performedthis state.	81

(E) "Political subdivision" has the same meaning as in	82
section 9.23 of the Revised Code.	83

(F) "State institution of higher education" has the same	84
meaning as in section 3345.011 of the Revised Code.	85

Sec. 4116.02.  A public authoritystate agency, when engaged	86
in procuring products or services, awarding contracts, or	87
overseeing procurement or construction for public improvements	88
undertaken by or on behalf of the state agency, shall ensure that	89
bid specifications issued by the public authoritystate agency for	90
the proposed public improvement, and any subsequent contract or	91
other agreement for the public improvement to which the public	92
authoritystate agency and a contractor or subcontractor are	93
direct parties, do not require or prohibit that a contractor or	94
subcontractor to do any of the following:	95

(A) Enter into agreements with any labor organization on the	96
public improvement;	97

(B) Enter into any agreement that requires the employees of	98
that contractor or subcontractor to do either of the following as	99
a condition of employment or continued employment:	100

(1) Become members of or affiliated with a labor	101
organization;	102

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

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Sec. 4116.03.  No public authoritystate agency shall do any	104
of the following:	105

(A) Award a contract for a public improvement undertaken by	106
or on behalf of the state agency in violation of section 4116.02	107
of the Revised Code;	108

(B) Discriminate against any bidder, contractor, or	109
subcontractor for refusing or electing to become a party to any	110
agreement with any labor organization on the public improvement	111
undertaken by or on behalf of the state agency that currently is	112
under bid or on projects related to that improvement;	113

(C) Otherwise violate section 4116.02 of the Revised Code.

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Sec. 4116.04. No state funds shall be appropriated for the	115
purpose of the construction of a public improvement by or on	116
behalf of a political subdivision, if the political subdivision,	117
in procuring products or services, awarding contracts, or	118
overseeing procurement or construction for public improvements	119
undertaken by or on behalf of the political subdivision, requires	120
in the bid specifications a contractor or subcontractor to enter	121
into, or prohibits in the bid specifications a contractor or	122
subcontractor from entering into, an agreement described in	123
division (A) or (B) of section 4116.02 of the Revised Code.	124

Sec. 4116.04.        Sec. 4116.05.  (A) An interested party may file a	125
complaint against a contracting public authoritystate agency	126
alleging a violation of section 4116.02 or, 4116.03, or 4116.04 of	127
the Revised Code within two years after the date on which the	128
contract is signed for the public improvement in the court of	129
common pleas of the county in which the public improvement is	130
performed. The performance of the contract forms the basis of the	131
allegation of a violation. The court in which the complaint is	132
filed shall hear and decide the case and, upon a finding that a	133
violation has occurred, shall void the contract and make any	134
orders that will prevent further violations.	135

The Rules of Civil Procedure govern all actions under this	136
section. Any determination of a court under this section is	137
subject to appellate review.	138

(B) If, pursuant to this section, a court finds a violation	139
of section 4116.02 or, 4116.03, or 4116.04 of the Revised Code,	140
the court may award reasonable attorney's fees, court costs, and	141
any other fees incurred in the course of the civil action to the	142
prevailing plaintiff.	143

Sec. 4116.06.  (A) Nothing in this chapter shall be construed	144
as regulating the conduct of a private entity. This chapter	145
applies only to the state or a state agency that is acting in a	146
proprietary capacity as a market participant.	147

(B) The intent of this chapter is to achieve all of the	148
following:	149

(1) To ensure that all construction contracts undertaken by	150
or on behalf of the state are let for bid without unnecessary	151
restrictions that arbitrarily may reduce the potential pool of	152
bidders, thereby increasing procurement and construction costs for	153
the taxpayers of this state;	154

(2) To ensure that a contract for construction undertaken by	155
or on behalf of a state agency is awarded to the lowest responsive	156
and responsible bidder or based upon any other applicable	157
competitive bidding standard;	158

(3) To prevent political kickbacks, favoritism,	159
discrimination, cronyism, or collusion between government	160
officials and any individual, employee, or organization;	161

(4) To prevent discrimination by a state agency based upon a	162
contractor's or subcontractor's relationship with a labor	163
organization or lack thereof;	164

(5) To expand job opportunities for small and disadvantaged	165
businesses.	166

Section 2. That existing sections 4116.01, 4116.02, 4116.03,	167
and 4116.04 of the Revised Code are hereby repealed.	168

Section 3. The items of law contained in this act, and their	169
applications, are severable. If any item of law contained in this	170
act, or if any application of any item of law contained in this	171
act, is held invalid, the invalidity does not affect other items	172
of law contained in this act and their applications that can be	173
given effect without the invalid item of law or application.	174