As Reported by the House Economic Development and 1 Small Business Committee 2 122nd General Assembly 5 Regular Session H. B. No. 202 6 1997-1998 7 REPRESENTATIVES BATCHELDER-BOYD-BUCHY-COLONNA-GARCIA-HAINES-HARRIS- 9 HODGES-HOOD-KREBS-MEAD-MOTTLEY-NETZLEY-O'BRIEN-OLMAN-REID-SCHUCK- 10 SCHULER-SCHURING-TAYLOR-TERWILLEGER-VAN VYVEN-WESTON-WISE-TIBERI- 11 CORBIN-MILLER-HOUSEHOLDER-PRINGLE-JAMES-SYKES-CAREY 12 14 A B I L L To amend section 125.91 and to enact section 125.936 16 of the Revised Code to require the State Forms 17 Management Control Center to create a single 18 business reply form to be used by state agencies 19 to obtain information from private businesses and 20 to require the Center to create an on-line 21 computer network system to allow private 22 businesses to electronically file the single 23 business reply form. 24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26 Section 1. That section 125.91 be amended and section 28 125.936 of the Revised Code be enacted to read as follows: 29 Sec. 125.91.AsEXCEPT AS OTHERWISE PROVIDED IN SECTION 40 125.936 OF THE REVISED CODE, AS used in sections 125.92 to 125.98 41 of the Revised Code: (A) "State agency" includes every department, bureau, 44 board, commission, office, or other organized body established by 45 the constitution and laws of the state for the exercise of any 46 function of state government, but does not include any state-supported institution of higher education, the general 47 assembly or any legislative agency, the attorney general, the 48 auditor of state, the secretary of state, the treasurer of state, 49 2 the bureau of workers' compensation, any court or judicial 50 agency, or any political subdivision or agency thereof. (B) "Form" means any document, device, or item used to 52 convey information, regardless of medium, that has blank spaces 53 for the insertion of information and that may have a 54 predetermined format and data elements to guide the entry,interpretrationINTERPRETATION, and use of the information. 55 "Form" does not include letterheads, envelopes, labels, tags, 56 tickets, or note pads, or forms mandated by the federal 57 government, but does include all computer-generated forms except 58 those mandated by the federal government. As used in sections 59 125.931 to 125.935 of the Revised Code, "form" applies only to a 60 form that is used by a state agency and that is completed in whole or in part by A private business, political subdivisions, 61 or the public. Sec. 125.936. (A) AS PART OF ITS DUTIES UNDER SECTION 63 125.92 AND DIVISION (F) OF SECTION 125.93 OF THE REVISED CODE, 64 THE STATE FORMS MANAGEMENT CONTROL CENTER SHALL DO BOTH OF THE 65 FOLLOWING: (1) CREATE A SINGLE BUSINESS REPLY FORM THAT IS CAPABLE OF 67 CONTAINING ALL OF THE INFORMATION THAT A PRIVATE BUSINESS IS 68 REQUIRED TO PROVIDE TO ALL STATE AGENCIES ON A REGULAR BASIS. 69 ALL STATE AGENCIES SHALL USE THE SINGLE BUSINESS REPLY FORM TO 70 OBTAIN INFORMATION FROM PRIVATE BUSINESSES. (2) CREATE AN ON-LINE COMPUTER NETWORK SYSTEM TO ALLOW 72 PRIVATE BUSINESSES TO ELECTRONICALLY FILE THE SINGLE BUSINESS 73 REPLY FORM. (B) THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL 75 ESTABLISH PROCEDURES BY WHICH STATE AGENCIES MAY SHARE THE 76 INFORMATION THAT IS COLLECTED THROUGH THE FORM ESTABLISHED UNDER 77 DIVISION (A) OF THIS SECTION. THESE PROCEDURES SHALL PROVIDE 79 THAT INFORMATION THAT HAS BEEN DESIGNATED AS CONFIDENTIAL BY ANY 81 STATE AGENCY SHALL NOT BE MADE AVAILABLE TO THE OTHER STATE 83 AGENCIES HAVING ACCESS TO THE SINGLE BUSINESS REPLY FORM. 3 (C)(1) NOT LATER THAN SEPTEMBER 30, 1998, THE 86 ADMINISTRATOR OF THE STATE FORMS MANAGEMENT CONTROL CENTER SHALL 87 REPORT TO THE DIRECTOR OF BUDGET AND MANAGEMENT AND TO THE 89 COMMITTEES THAT HANDLE FINANCE AND THE COMMITTEES THAT HANDLE 91 STATE GOVERNMENT AFFAIRS IN THE HOUSE OF REPRESENTATIVES AND THE 93 SENATE ON THE PROGRESS OF THE CENTER IN COMPLYING WITH DIVISION 95 (A) OF THIS SECTION. (2) NOT LATER THAN SEPTEMBER 30, 1998, THE ADMINISTRATOR 98 OF THE STATE FORMS MANAGEMENT CONTROL CENTER SHALL REPORT TO THE 99 DIRECTOR OF BUDGET AND MANAGEMENT AND TO THE COMMITTEES THAT 101 HANDLE FINANCE AND THE COMMITTEES THAT HANDLE STATE GOVERNMENT 103 AFFAIRS IN THE HOUSE OF REPRESENTATIVES AND THE SENATE ON THE 104 PROGRESS OF STATE AGENCIES IN COMPLYING WITH DIVISION (A)(1) OF 105 THIS SECTION. THE ADMINISTRATOR SHALL RECOMMEND A FIVE PER CENT 106 REDUCTION IN THE FUTURE APPROPRIATIONS OF ANY STATE AGENCY THAT 107 HAS FAILED TO COMPLY WITH THAT DIVISION WITHOUT GOOD CAUSE. 108 (D) AS USED IN THIS SECTION, "STATE AGENCY" HAS THE SAME 110 MEANING AS IN SECTION 125.91 OF THE REVISED CODE EXCEPT THAT IT 112 ALSO INCLUDES THE ATTORNEY GENERAL, THE AUDITOR OF STATE, THE 113 SECRETARY OF STATE, THE TREASURER OF STATE, AND THE BUREAU OF WORKERS' COMPENSATION. 114 Section 2. That existing section 125.91 of the Revised 116 Code is hereby repealed. 117