As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 77 5
1997-1998 6
SENATORS GILLMOR-WHITE-LATTA 8
10
A B I L L
To amend sections 117.10 and 117.38 of the Revised 12
Code to require certain public offices to publish 13
a notice announcing the completion and
availability of their annual financial reports 14
instead of publishings the reports themselves, to 15
make other changes regarding these reports, to
require notification of the Auditor of State upon 16
the creation or dissolution of a public office, 17
and to allow the Auditor of State to audit the
accounts of individuals receiving public money. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 117.10 and 117.38 of the Revised 22
Code be amended to read as follows: 23
Sec. 117.10. The auditor of state shall audit all public 32
offices as provided in this chapter. He THE AUDITOR OF STATE 33
also may audit the accounts of private institutions, 34
associations, boards, and corporations, AND INDIVIDUALS receiving 36
public money for their use and may require of them annual reports 37
in such form as he THE AUDITOR OF STATE prescribes. 38
If a public office has been audited by an agency of the 40
United States government, the auditor of state may, if he is 41
satisfied that the federal audit has been conducted according to 43
principles and procedures not contrary to those of the auditor of 44
state, use and adopt the federal audit and report in lieu of an 45
audit by his THE AUDITOR OF STATE'S own office.
WITHIN THIRTY DAYS AFTER THE CREATION OR DISSOLUTION OR THE 47
2
WINDING UP OF THE AFFAIRS OF ANY PUBLIC OFFICE, THAT PUBLIC 48
OFFICE SHALL NOTIFY THE AUDITOR OF STATE IN WRITING THAT THIS 49
ACTION HAS OCCURRED.
Sec. 117.38. A financial report of each EACH public 58
office, other than a state agency, SHALL FILE A FINANCIAL REPORT 59
for each fiscal year shall be made in accordance with forms 61
prescribed by rule by the. THE auditor of state MAY PRESCRIBE 62
FORMS BY RULE OR MAY ISSUE GUIDELINES, OR BOTH, FOR SUCH REPORTS. 63
IF THE AUDITOR OF STATE HAS NOT PRESCRIBED A RULE REGARDING THE 64
FORM FOR THE REPORT, THE PUBLIC OFFICE SHALL SUBMIT ITS REPORT ON 65
THE FORM UTILIZED BY THE PUBLIC OFFICE.
The report shall be certified by the proper officer or 67
board and filed with the auditor of state within ninety SIXTY 68
days after the close of the fiscal year, except that public 70
offices filing REPORTING pursuant to generally accepted 71
accounting principles shall file their reports within one hundred 73
fifty days after the close of the fiscal year. The auditor of 74
state may extend the deadline for filing a financial report and 75
establish terms and conditions for any such extension. At the 76
time the report is filed with the auditor of state, the chief 78
fiscal officer, except as otherwise provided in section 319.11 of 79
the Revised Code, shall publish NOTICE in a newspaper published 81
in the political subdivision or taxing district such portions of 82
the report as prescribed by the auditor of state, and if there is 83
no such newspaper, then in a newspaper of general circulation in 84
the political subdivision or taxing district. THE NOTICE SHALL 85
STATE THAT THE FINANCIAL REPORT HAS BEEN COMPLETED BY THE PUBLIC 86
OFFICE AND IS AVAILABLE FOR PUBLIC INSPECTION AT THE OFFICE OF 87
THE CHIEF FISCAL OFFICER.
The report shall contain the following: 89
(A) Amount of collections and receipts, and accounts due 91
from each source; 92
(B) Amount of expenditures for each purpose; 94
(C) Income of each public service industry owned or 96
3
operated by a municipal corporation, and the cost of such 97
ownership or operation; 98
(D) Amount of public debt of each taxing district, the 100
purpose for which each item of such debt was created, and the 101
provision made for the payment thereof. The substance of the 102
report shall be published at the expense of the state in an 103
annual volume of statistics, which shall be submitted to the 104
governor. The auditor of state shall transmit the report to the 105
general assembly at its next session. 106
Any public office, other than a state agency, that does not 108
file its financial report at the time required by this section 109
shall pay to the auditor of state twenty-five dollars for each 110
day the report remains unfiled after the filing date; provided, 111
that the penalty payments shall not exceed the sum of seven 112
hundred fifty dollars. The auditor of state may waive all or any 113
part of the penalty assessed under this section upon the filing 114
of the past due financial report. All sums collected from such 115
penalties shall be placed in the public audit expense fund--local 117
government. The auditor of state may deduct penalties not paid 118
within one year from the required filing date from any funds 119
under the auditor of state's control belonging to the public 121
office. If funds are withheld from a county because of the 122
failure of a taxing district located in whole or in part within 123
the county to file, the county may deduct the amount of penalty 124
from any revenues due the delinquent district. 125
Every county agency, board, or commission shall provide to 127
the county auditor, not later than the first day of March each 128
year unless a later date is authorized by the county auditor, all 129
information determined by the county auditor to be necessary for 130
the preparation of the report required by this section. 131
Section 2. That existing sections 117.10 and 117.38 of the 133
Revised Code are hereby repealed. 134