130th Ohio General Assembly
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H. B. No. 340As Introduced
As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 340


REPRESENTATIVES Young, Williams, Hagan, Brinkman, Seitz, Grendell, Gibbs, Buehrer, Schaffer, Reidelbach, Gilb



A BILL
To amend sections 4116.02 and 4116.04 and to repeal section 4116.03 of the Revised Code to neither require nor prohibit any person who submits a bid on a public improvement project involving state funds to enter into or adhere to agreements with one or more labor organizations.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4116.02 and 4116.04 of the Revised Code be amended to read as follows:
Sec. 4116.02. (A) A state agency, as defined in section 1.60 of the Revised Code, when engaged in procuring products or services, awarding contracts, or overseeing procurement or construction for public improvements, shall neither require nor prohibit any person who submits a bid on a public improvement project to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction projects, or otherwise discriminate against any person who submits a bid on a public improvement project based on that person's decision to enter into or adhere to agreements or to refrain from entering into or adhering to agreements with one or more labor organizations on the same or other related construction projects.
(B) A public authority, when engaged in procuring products or services, awarding contracts, or overseeing procurement or construction for public improvements and when doing so includes the use of state funds appropriated for the purposes of constructing a public improvement, shall neither require nor prohibit any person who submits a bid on a public improvement project to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction projects, or otherwise discriminate against any person who submits a bid on a public improvement project based on that person's decision to enter into or adhere to agreements or to refrain from entering into or adhering to agreements with one or more labor organizations on the same or other related construction projects.
(C) A public authority, 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 for the proposed public improvement, and any subsequent contract or other agreement for the public improvement to which the public authority and a contractor or subcontractor are direct parties, do not require 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 neither require nor prohibit any person who submits a bid on a public improvement project to enter into or adhere to agreements with one or more labor organizations, on the same or other related construction projects, or otherwise discriminate against any person who submits a bid on a public improvement project based on that person's decision to enter into or adhere to agreements or to refrain from entering into or adhering to agreements with one or more labor organizations on the same or other related construction projects.
Sec. 4116.04.  (A) An interested party may file a complaint against a contracting public authority 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 4116.02 and 4116.04 and section 4116.03 of the Revised Code are hereby repealed.
Section 3. This act shall not apply to contracts entered into on or before the effective date of this act, or to subcontracts awarded pursuant to those contracts regardless of when the subcontracts are awarded.
Section 4.  It is the intent of the General Assembly in enacting this act that its purpose is neither to encourage nor discourage agreements with one or more labor organizations, but rather to ensure that the decision to use agreements with one or more labor organizations is left to private market participants rather than to government entities.
Section 5.  Pursuant to section 1.50 of the Revised Code, if any provision of any section contained in this act or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the section or related sections which can be given effect without the invalid provision or application, and to this end the provisions are severable.
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