| Section 101.01. That sections 9.30, 125.01, 125.02, 125.021, | 24 |
| 125.022, 125.023, 125.04, 125.041, 125.05, 125.06, 125.07, | 25 |
| 125.071, 125.072, 125.073, 125.08, 125.081, 125.082, 125.09, | 26 |
| 125.10, 125.11, 125.15, 125.18, 125.25, 125.30, 718.051, 1306.20, | 27 |
| 1306.21, 1347.06, 3353.02, 5111.915, and 5703.57 be amended, that | 28 |
| sections 125.18 (126.17) and 125.30 (126.18) be amended for the | 29 |
| purpose of recodifying the sections as indicated in parentheses, | 30 |
| and that sections 125.011 and 126.19 of the Revised Code be | 31 |
| enacted to read as follows: | 32 |
| Sec. 9.30. The appropriate public officer of the state, | 33 |
| county, municipal
corporation, township, school, or other public | 34 |
| body or institution, may
acquire the service, product, or | 35 |
| commodity of a public utility at the schedule
of rates and charges | 36 |
| applicable to such service, product, or commodity on file
with the | 37 |
| public utilities commission, or the applicable charge established | 38 |
| by
a utility operating its property not for profit, at any | 39 |
| location where such
public utility service, product, or commodity | 40 |
| is not available, from alternate
public utilities, without the | 41 |
| necessity of advertising to obtain bids, and
without notice, | 42 |
| irrespective of the amount of money involved. Nothing in this | 43 |
| section supersedes sections 125.01 to 125.15 of the Revised Code | 44 |
| for the acquisition of telecommunication utility services by state | 45 |
| agencies. | 46 |
| (A) "Order" means a copy of a contract or a statement of
the | 48 |
|
nature of a contemplated expenditure, a description of the | 49 |
|
property or supplies to be purchased or service to be performed, | 50 |
|
other than a service performed by officers and regular employees | 51 |
|
of the state, and per diem of the national guard, and the total | 52 |
|
sum of the expenditure to be made therefor, if the sum is fixed | 53 |
|
and ascertained, otherwise the estimated sum thereof, and an | 54 |
|
authorization to pay for the contemplated expenditure, signed by | 55 |
|
the person
instructed and authorized to pay upon receipt of a | 56 |
|
proper invoice. | 57 |
(D)(E) "Produced" means the manufacturing, processing, | 69 |
| mining,
developing, and making of a thing into a new article with | 70 |
| a
distinct character
in use through the application of input, | 71 |
| within
the state, of Ohio products,
labor, skill, or other | 72 |
| services.
"Produced" does not include the mere
assembling or | 73 |
| putting
together of non-Ohio products or materials. | 74 |
(E)(F) "Ohio products" means products
that are mined, | 75 |
|
excavated, produced, manufactured, raised, or grown in the state | 76 |
|
by a person where the input of Ohio products, labor, skill, or | 77 |
|
other services constitutes no less than twenty-five per cent of | 78 |
|
the manufactured cost. With respect to mined products, such | 79 |
|
products shall be mined or excavated in
this state. | 80 |
(F)(G) "Purchase" means to buy, rent, lease, lease purchase, | 81 |
|
or
otherwise acquire supplies or services. "Purchase" also | 82 |
|
includes
all functions that pertain to the obtaining of supplies | 83 |
|
or
services, including description of requirements, selection and | 84 |
|
solicitation of sources, preparation and award of contracts,
all | 85 |
|
phases of contract administration, and receipt and acceptance of | 86 |
|
the supplies and services and payment
for them. | 87 |
(G)(I) "Services" means the furnishing of labor, time, or | 91 |
|
effort by a person, not involving the delivery of a specific end | 92 |
|
product other than a report which, if provided, is merely | 93 |
|
incidental to the required performance. "Services" does not | 94 |
|
include services furnished pursuant to employment agreements or | 95 |
|
collective bargaining agreements. | 96 |
| Sec. 125.011. Except for information technology supplies and | 109 |
| services, the department of administrative services shall be the | 110 |
| purchasing authority for all supplies and services for the | 111 |
| purposes of and subject to the limitations of sections 125.01 to | 112 |
| 125.11, 125.15, and 125.25 of the Revised Code. The office of | 113 |
| information technology shall be the purchasing authority for | 114 |
| information technology supplies and services in accordance with | 115 |
| section 126.17 of the Revised Code for the purposes of and subject | 116 |
| to the limitations of sections 125.01 to 125.11, 125.15, and | 117 |
| 125.25 of the Revised Code. The department of administrative | 118 |
| services and the office of information technology shall consult | 119 |
| with each other to promote consistency when adopting any rules | 120 |
| under sections 125.01 to 125.11, 125.15, and 125.25 of the Revised | 121 |
| Code. | 122 |
| Sec. 125.02. Except as to the adjutant general, the
capital | 123 |
| square review and advisory board, the department of rehabilitation | 124 |
| and
correction as specified in
division (D) of section 125.04 of | 125 |
| the Revised Code, the
general
assembly, the bureau of workers' | 126 |
| compensation, and institutions
administered by boards of trustees, | 127 |
the department of
administrative servicesa purchasing authority | 128 |
| may purchase supplies and services for
the use of state agencies. | 129 |
Sec. 125.021. (A) Except as to the military department, the | 144 |
general assembly, the
bureau of workers' compensation, the | 145 |
industrial commission, and institutions administered by boards of | 146 |
trustees, the office of information technology may contract for, | 147 |
operate, and superintend telephone, other telecommunication, and | 148 |
computer
services for state agencies. Nothing in this division | 149 |
precludes the bureau or the commission from contracting
with the | 150 |
office to authorize the office to contract for, operate, or | 151 |
superintend those services for the bureau or the commission. | 152 |
(2)(B) The office of information technology may enter into a | 162 |
| contract to purchase bulk long distance telephone services and | 163 |
| make them available at cost, or may make bulk long distance | 164 |
| telephone services available at cost under any existing contract | 165 |
| the office has entered into, to members of the immediate family of | 166 |
| persons deployed on active duty so that those family members can | 167 |
| communicate with the persons so deployed. If the office enters | 168 |
into contracts under division (B)(2) of this section, it shall do | 169 |
| so in accordance with sections 125.01 to 125.11 of the Revised | 170 |
| Code and in a nondiscriminatory manner that does not place any | 171 |
| potential vendor at a competitive disadvantage. | 172 |
| Sec. 125.023. During the period of an emergency as defined | 184 |
in
section 5502.21 of the Revised Code, the department of | 185 |
administrative servicespurchasing authority
may suspend, with | 186 |
| regard to the emergency management agency
established in section | 187 |
| 5502.22 of the Revised Code or any other state
agency | 188 |
| participating in recovery activities as defined in section 5502.21 | 189 |
|
of the Revised Code, the purchasing and contracting
requirements | 190 |
| contained in sections 125.02 to 125.111 of the Revised Code
and | 191 |
| any of the requirements of Chapter 153. of the Revised Code that | 192 |
|
otherwise would apply to the agency. The director of public
safety | 193 |
| or the executive director of the emergency
management agency
shall | 194 |
| make the request for the suspension of these requirements to the | 195 |
|
department of administrative
services and the office of | 196 |
| information technology concurrently with the request to the | 197 |
| governor or the
president of the United States for the
declaration | 198 |
| of an emergency. The governor also shall include in
any | 199 |
| proclamation the governor issues declaring an emergency
language | 200 |
| requesting the suspension of those requirements during the period | 201 |
| of
the emergency. | 202 |
| Sec. 125.04. (A) Except as provided in division (D) of
this | 203 |
section, the department of administrative servicespurchasing | 204 |
| authorities shall
determine what supplies and services are | 205 |
purchased by or for
state agencies. Whenever the department of | 206 |
administrative
servicesa purchasing authority makes any change or | 207 |
| addition to the lists of supplies
and services that it determines | 208 |
| to purchase for state agencies,
it shall provide a list to the | 209 |
| agencies of the changes or
additions and indicate when the | 210 |
departmentpurchasing authority will be prepared to
furnish each | 211 |
| item listed. Except for the requirements of
division (B) of | 212 |
| section 125.11 of the Revised Code, sections
125.04 to 125.08 and | 213 |
| 125.09 to 125.15 of the Revised Code do not
apply to or affect the | 214 |
educational institutions of the state. The departmentpurchasing | 215 |
| authorities
shall not include the bureau of workers'
compensation | 216 |
| in the lists of supplies, equipment, and services
purchased and | 217 |
furnished by the departmentpurchasing authorities. | 218 |
| (b) "Political subdivision"
means any county, township, | 227 |
| municipal corporation, school
district, conservancy district, | 228 |
| township park district, park
district created under Chapter 1545. | 229 |
| of the Revised Code,
regional transit authority, regional airport | 230 |
| authority, regional water and
sewer district, or port authority. | 231 |
| "Political subdivision" also includes any
other political | 232 |
| subdivision described in the Revised Code that has been
approved | 233 |
| by the department to participate in the department's contracts | 234 |
| under
this division. | 235 |
(2) Subject to division (C) of this section, the
department | 238 |
of administrative servicesa purchasing authority may permit a | 239 |
|
political
subdivision, private fire company, or private, nonprofit | 240 |
|
emergency medical service organization
to participate in contracts | 241 |
into which the
departmentpurchasing authority has entered for the | 242 |
purchase of supplies and services.
The departmentpurchasing | 243 |
| authority may charge the entity a reasonable fee to cover the | 244 |
administrative costs the departmentpurchasing authority incurs as | 245 |
| a result of participation by the
entity in such a purchase | 246 |
| contract. | 247 |
| A political subdivision
desiring to participate in such | 248 |
purchase contracts shall file
with the departmentpurchasing | 249 |
| authority a certified copy of an ordinance or
resolution of the | 250 |
| legislative authority or governing board of the
political | 251 |
| subdivision. The resolution or ordinance shall request
that the | 252 |
| political subdivision be authorized to participate in
such | 253 |
| contracts and shall agree that the political subdivision
will be | 254 |
bound by such terms and conditions as the departmentpurchasing | 255 |
| authority
prescribes and that it will directly pay the vendor | 256 |
| under each
purchase contract.
A private fire company or private, | 257 |
| nonprofit emergency medical
service organization desiring to | 258 |
| participate in such purchase contracts shall
file with the | 259 |
departmentpurchasing authority a written request for inclusion in | 260 |
| the program signed
by the chief officer of the company or | 261 |
| organization. The request shall
include an agreement to be bound | 262 |
by such terms and conditions as the
departmentpurchasing | 263 |
| authority prescribes and to make direct payments to the vendor | 264 |
| under each
purchase contract. | 265 |
The departmentpurchasing authority shall include in its | 266 |
| annual report an
estimate of the cost it incurs by permitting | 267 |
| political
subdivisions, private fire companies, and private, | 268 |
| nonprofit
emergency medical service organizations
to participate | 269 |
in contracts pursuant to this
division. The departmentpurchasing | 270 |
| authority may require such entities
to file a
report with the | 271 |
departmentpurchasing authority, as often as it finds necessary, | 272 |
|
stating how many such contracts the entities participated in | 273 |
| within a
specified period of
time, and any other
information the | 274 |
departmentpurchasing authority requires. | 275 |
| (C) A political subdivision as defined in division (B) of | 283 |
| this
section may purchase supplies or services
from another party, | 284 |
| including another political subdivision, instead of
through | 285 |
| participation in contracts
described in division (B) of
this | 286 |
| section if the political subdivision can purchase those
supplies | 287 |
| or services from the other party upon equivalent terms, | 288 |
|
conditions, and specifications but at a lower price than it can | 289 |
|
through those contracts. Purchases that a political subdivision | 290 |
|
makes under this division are exempt from any competitive | 291 |
|
selection procedures otherwise required by law. A political | 292 |
|
subdivision that makes any purchase under this division shall | 293 |
|
maintain sufficient information regarding the
purchase to verify | 294 |
| that the
political subdivision satisfied the conditions for making | 295 |
| a
purchase under this division. Nothing in this division restricts | 296 |
| any action
taken by a county or township
as authorized by division | 297 |
| (A)(1) of section 9.48 of the Revised
Code. | 298 |
| (D) This section does not apply to supplies or services | 299 |
|
required by the legislative or judicial branches, boards of | 300 |
|
elections, the capitol square review and advisory board, the | 301 |
|
adjutant general, to supplies or services purchased by a state | 302 |
|
agency directly as provided in division (A) or (E) of section | 303 |
|
125.05 of
the Revised Code, to purchases of supplies or services | 304 |
| for the emergency
management agency as provided in section 125.023 | 305 |
| of the Revised Code, or to
purchases of supplies or services for | 306 |
| the
department of rehabilitation and correction in its operation | 307 |
| of
the program for the employment of prisoners established under | 308 |
|
section 5145.16 of the Revised Code that shall be made pursuant
to | 309 |
| rules adopted by the director of administrative services and
the | 310 |
| director of rehabilitation and correction in accordance with | 311 |
|
Chapter 119. of the Revised Code. The rules may provide for the | 312 |
|
exemption of the program for the employment of prisoners from the | 313 |
|
requirements of division (A) of this section. | 314 |
| Sec. 125.041. Nothing in sections 125.02,
125.03 to 125.08, | 315 |
125.12 to 125.16, 125.18,
125.31 to 125.76, or 125.831, or 126.17 | 316 |
| of the Revised
Code shall be construed as limiting the attorney | 317 |
| general, auditor of state,
secretary of state, or treasurer of | 318 |
| state in any of the following: | 319 |
| (A) Subject to division (D) of this section, a state agency | 341 |
| may, without
competitive selection, make any purchase of services | 342 |
| that cost fifty thousand
dollars or less or any purchase of | 343 |
| supplies that cost twenty-five thousand
dollars or less. The | 344 |
| agency, at its determination, may make the purchase directly or | 345 |
may make the
purchase from or through the department of | 346 |
administrative services, whichever
the agency determinesproper | 347 |
purchasing authority. The
departmentpurchasing authority
shall | 348 |
| establish written procedures to assist state agencies when
they | 349 |
| make
direct purchases. If the agency makes the purchase directly, | 350 |
| it
shall make the purchase by a term contract whenever possible. | 351 |
| (B) Subject to division (D) of this section, a state agency | 352 |
|
wanting to purchase services that cost more than
fifty thousand | 353 |
| dollars or supplies that cost more than
twenty-five thousand | 354 |
| dollars shall, unless otherwise authorized by law, make
the | 355 |
purchase from or through the departmentproper purchasing | 356 |
authority. The departmentpurchasing authority shall make the | 357 |
|
purchase by competitive selection under section 125.07 of the | 358 |
Revised Code. If the director of administrative services | 359 |
| purchasing authority determines that it
is not possible or not | 360 |
advantageous to the state for the departmentpurchasing authority | 361 |
to make
the purchase, the departmentpurchasing authority shall | 362 |
| grant the agency a release and permit under
section 125.06 of the | 363 |
| Revised Code to make the purchase. Section 127.16 of
the Revised | 364 |
Code does not apply to purchases the departmentpurchasing | 365 |
| authority makes under this
section. | 366 |
| (D) Not later than January 31, 1997, the amounts
specified in | 376 |
| divisions (A) and (B) of this section and, not
later than the | 377 |
| thirty-first day of January of each second year
thereafter, any | 378 |
| amounts computed by adjustments made under this division,
shall be | 379 |
| increased or decreased by the average percentage increase or | 380 |
| decrease
in the consumer price index prepared by the United States | 381 |
|
bureau of labor statistics (U.S. City
Average for Urban Wage | 382 |
| Earners and Clerical Workers: "All Items
1982-1984=100") for the | 383 |
| twenty-four calendar month period prior to the
immediately | 384 |
| preceding first day of January over the immediately
preceding | 385 |
| twenty-four calendar month period, as reported by the bureau. The | 386 |
|
director of administrative services shall make this determination | 387 |
| and adjust
the appropriate amounts accordingly. | 388 |
| (E) If the eTech Ohio
commission, the department of | 389 |
| education,
or the Ohio education computer
network determines that | 390 |
| it can purchase software services or supplies for
specified school | 391 |
| districts at a price less than the price for which the
districts | 392 |
| could purchase the same software services or supplies for | 393 |
|
themselves, the commission, department, or network shall certify | 394 |
that fact to the
department of administrative servicesoffice of | 395 |
| information technology and, acting as an agent for the
specified | 396 |
| school districts, shall make that purchase without following the | 397 |
|
provisions in divisions (A) to (D) of this section. | 398 |
Sec. 125.06. The department of administrative servicesA | 399 |
| purchasing authority
may, pursuant to division (B) of section | 400 |
| 125.05 of the Revised
Code and subject to such rules as the | 401 |
director of administrative
servicesparticular purchasing | 402 |
| authority may adopt, issue a release and permit to the agency to | 403 |
|
secure supplies or services. A release and permit shall specify | 404 |
|
the supplies or services to which it applies, the time during | 405 |
|
which it is operative, and the reason for its issuance. A
release | 406 |
and permit for computer servicesinformation technology services | 407 |
| shall also specify the
type of services to be rendered, the number | 408 |
| and type of machines
to be employed, and may specify the amount of | 409 |
| such services to be
performed. One copy of every release and | 410 |
| permit shall be filed
with the agency to which it is issued, and | 411 |
one copy shall be
retained by the departmentpurchasing authority. | 412 |
(A) The departmentpurchasing authority shall advertise
the | 417 |
| intended
purchases
by notice
that is posted by mail or electronic | 418 |
|
means
and
that is
for the benefit of competing
persons
producing | 419 |
| or dealing in the
supplies or services to be
purchased,
including, | 420 |
| but not limited
to, the persons whose names
appear on
the | 421 |
| appropriate list
provided for in section 125.08 of
the Revised | 422 |
|
Code. The notice
may be in the form of the bid or
proposal | 423 |
|
document or of a listing
in a periodic bulletin, or in any other | 424 |
form
the director of
administrative servicespurchasing authority | 425 |
| considers appropriate
to sufficiently
notify qualified competing | 426 |
| persons of the intended
purchases. | 427 |
| (B)
The notice
required under division (A) of
this
section | 428 |
|
shall include the time and place where bids
or proposals
will be | 429 |
|
accepted and opened,
or, when bids are made in a reverse
auction, | 430 |
|
the time when bids will be accepted; the conditions under
which | 431 |
|
bids or
proposals will be received; the terms of the
proposed
| 432 |
|
purchases;
and an itemized list of the
supplies
or services to be | 433 |
|
purchased and the estimated quantities
or
amounts
of them. | 434 |
(D) The departmentpurchasing authority
also
shall maintain, | 439 |
| in a public
place
in its office, a bulletin board upon which it | 440 |
| shall post and
maintain a copy of
the notice
required under | 441 |
| division
(A) of
this
section for at least the
number of days
the | 442 |
directorpurchasing authority determines
under division
(C) of | 443 |
| this
section
preceding the
day of the
opening
or acceptance
of
the | 444 |
| bids
or
proposals.
The failure to
so
additionally post
the
notice | 445 |
| shall
invalidate
all proceedings had
and any contract
entered into | 446 |
|
pursuant to
the proceedings. | 447 |
| (D) As provided in the request for proposals, and
under rules | 466 |
the
directorpurchasing authority shall adopt, discussions may be | 467 |
| conducted with
responsible offerors
who submit proposals | 468 |
| determined to be reasonably susceptible of
being selected
for | 469 |
| award for the purpose of ensuring full understanding of, and | 470 |
|
responsiveness
to, solicitation requirements. Offerors shall be | 471 |
| accorded fair
and equal
treatment with respect to any opportunity | 472 |
| for discussion
regarding any
clarification, correction, or | 473 |
| revision of proposals. No
disclosure of any
information derived | 474 |
| from proposals submitted by competing
offerors shall occur
when | 475 |
| discussions are conducted. | 476 |
Sec. 125.073. (A) The department of administrative services | 496 |
| purchasing authorities shall actively promote and accelerate the | 497 |
| use of electronic procurement, including reverse auctions as | 498 |
| defined by section 125.072 of the Revised Code, by implementing | 499 |
| the relevant recommendations concerning electronic procurement | 500 |
| from the "2000 Management Improvement Commission Report to the | 501 |
| Governor" when exercising its statutory powers. | 502 |
|
(B) Beginning July 1, 2004, the department of administrative | 503 |
| services shall annually on or before the first day of July report | 504 |
| to the committees in each house of the general assembly dealing | 505 |
| with finance indicating the effectiveness of electronic | 506 |
| procurement. Beginning July 1, 2008, the office of information | 507 |
| technology shall annually on or before the last day of December, | 508 |
| report to the committees in each house of the general assembly | 509 |
| dealing with finance indicating the effectiveness during the prior | 510 |
| fiscal year of electronic procurement of information technology | 511 |
| supplies and services. | 512 |
| Any person may have that person's name and address, or the | 518 |
|
name and
address of an agent, placed on the competitive selection | 519 |
|
notification list of the department of administrative services by | 520 |
|
sending to the department the person's name and address,
together | 521 |
|
with a
list of the supplies or services described in the manner | 522 |
|
prescribed by the department produced or dealt in by the
person | 523 |
|
with a request for such listing, a list of the districts in which | 524 |
|
the
person desires to participate, and
all other information
the | 525 |
|
director of
administrative services may prescribe. The director of | 526 |
| administrative services shall provide the lists to the office of | 527 |
| information technology.
Whenever
any
name
and address together | 528 |
| with a list of the
supplies or
services
produced or dealt in is so | 529 |
listed, the
departmentpurchasing authorities shall
post
notice, | 530 |
| as provided in
division (A) of
section 125.07 of
the
Revised Code,
| 531 |
|
for the benefit of
the persons listed
on
the
notification list | 532 |
|
that are qualified
Ohio business
enterprises,
which shall include | 533 |
|
Ohio penal
industries as defined
by rule of
the director of | 534 |
|
administrative
services, or have a
significant
Ohio presence in | 535 |
|
this state's
economy, except that, in
those
circumstances in which | 536 |
the directorpurchasing authority
considers it in the best | 537 |
interest of this state, the
directorpurchasing authority
shall | 538 |
| post notice,
as
provided in division (A)
of section 125.07 of the | 539 |
|
Revised Code,
for the benefit
of all
persons listed on the | 540 |
notification
list.
The departmentpurchasing authority need only | 541 |
|
provide competitive
selection
documents
for a proposed contract to | 542 |
|
persons who
specifically
request
the
documents. | 543 |
| The director may remove a person from
the notification list | 544 |
|
and place the person on an inactive list if
the person fails to | 545 |
|
respond to any notices of proposed purchases
that appear in four | 546 |
|
consecutive bulletins or other forms of
notification that list
| 547 |
|
those
notices. Upon written request to the director by the
person | 548 |
|
so
removed, the director may return the person to the
notification | 549 |
|
list if the person provides sufficient evidence
regarding intent | 550 |
|
to offer
bids or proposals to the state. The
director shall not | 551 |
|
remove any person
from the list without notice
to
the person.
The | 552 |
| notice may
be a part of the
notices of
proposed purchase. | 553 |
| (B) Any person who is certified by the equal employment | 554 |
|
opportunity coordinator of the department of administrative | 555 |
|
services in accordance with the rules adopted under division | 556 |
|
(B)(1) of section 123.151 of the Revised Code as a minority | 557 |
|
business enterprise may have that person's name placed on a | 558 |
|
special minority business enterprise notification list to be used | 559 |
|
in
connection with contracts awarded under section 125.081 of the | 560 |
|
Revised Code. The minority business enterprise notification list | 561 |
|
shall be used for bidding on contracts set aside for minority | 562 |
|
business enterprises only. In all other respects, the list shall | 563 |
|
be maintained and used in the same manner and according to the | 564 |
|
same procedures as the notification list provided for under | 565 |
|
division (A) of this section, except that a firm shall not be | 566 |
|
removed from the list unless the coordinator determines that the | 567 |
|
firm is no longer a minority business enterprise. A minority | 568 |
|
business enterprise may have its name placed on both the | 569 |
|
notification lists provided for in this section. | 570 |
| (C) The director of administrative services may require an | 571 |
|
annual
registration fee for the listings provided for in division | 572 |
|
(A) or (B) of
this
section. This fee shall not be more than ten | 573 |
|
dollars. The department may
charge a fee for any compilation of | 574 |
|
descriptions of supplies or services.
This fee
shall be | 575 |
|
reasonable and shall not exceed
the cost required to maintain the | 576 |
|
notification lists and provide for
the distribution of the | 577 |
|
proposed purchase to the persons whose names appear on
the lists. | 578 |
Sec. 125.081. (A) From the purchases that the department
of | 579 |
administrative services ispurchasing authorities are required by | 580 |
law to make through
competitive selection, the director of | 581 |
administrative serviceseach purchasing authority shall
select a | 582 |
| number of such
purchases, the aggregate value of which equals | 583 |
| approximately
fifteen per cent of the estimated total value of all | 584 |
such
purchases to be made in the current fiscal year. The director | 585 |
| purchasing authority
shall set aside the purchases selected for | 586 |
| competition only by
minority business enterprises, as defined in | 587 |
| division (E)(1) of
section 122.71 of the Revised Code. The | 588 |
| competitive selection
procedures for such purchases set aside | 589 |
shall be the same as for
all other purchases the department | 590 |
| purchasing authority is required to make through
competitive | 591 |
| selection, except that only minority business
enterprises | 592 |
| certified by the equal employment opportunity
coordinator of the | 593 |
| department of administrative services in
accordance with the rules | 594 |
| adopted under division (B)(1) of
section 123.151 of the Revised | 595 |
| Code and listed by the director
under division (B) of section | 596 |
| 125.08 of the Revised Code shall be
qualified to compete. | 597 |
| (B) To the extent that any agency of the state, other than | 598 |
|
the department of administrative services, the office of | 599 |
| information technology, the legislative and
judicial branches, | 600 |
| boards of elections, and the adjutant general,
is authorized to | 601 |
| make purchases, the agency shall set aside a
number of purchases, | 602 |
| the aggregate value of which equals
approximately fifteen per cent | 603 |
| of the aggregate value of such
purchases for the current fiscal | 604 |
| year for competition by minority
business enterprises only. The | 605 |
| procedures for such purchases
shall be the same as for all other | 606 |
| such purchases made by the
agency, except that only minority | 607 |
| business enterprises certified
by the equal employment opportunity | 608 |
| coordinator in accordance
with rules adopted under division (B)(1) | 609 |
| of section 123.151 of
the Revised Code shall be qualified to | 610 |
| compete. | 611 |
| (C) In the case of purchases set aside under division (A)
or | 612 |
| (B) of this section, if no bid is submitted by a minority
business | 613 |
| enterprise, the purchase shall be made according to
usual | 614 |
| procedures. The contracting agency shall from time to time
set | 615 |
| aside such additional purchases for which only minority
business | 616 |
| enterprises may compete, as are necessary to replace
those | 617 |
| purchases previously set aside for which no minority
business | 618 |
| enterprises bid and to ensure that, in any fiscal year,
the | 619 |
| aggregate amount of contracts awarded to minority business | 620 |
|
enterprises will equal approximately fifteen per cent of the
total | 621 |
| amount of contracts awarded by the agency. | 622 |
| (E) No funds of any state agency shall be expended in any | 627 |
|
fiscal year for any purchase for which competitive selection is | 628 |
required, until the director of the department of administrative | 629 |
services certifiespurchasing authorities certify to the equal | 630 |
| employment opportunity
coordinator, the clerk of the senate, and | 631 |
| the clerk
of the house of representatives of the general assembly | 632 |
| that
approximately fifteen per cent of the aggregate amount of the | 633 |
|
projected expenditure for such purchases in the fiscal year has | 634 |
|
been set aside as provided for in this section. | 635 |
| Sec. 125.082. (A) When purchasing equipment, materials,
or | 642 |
| supplies, the general assembly; the offices of all elected
state | 643 |
| officers; all departments, boards, offices, commissions,
agencies, | 644 |
| institutions, including, without limitation,
state-supported | 645 |
| institutions of higher education, and other
instrumentalities of | 646 |
| this state; the supreme court; all courts of
appeals; and all | 647 |
| courts of common pleas, may purchase recycled
products in | 648 |
| accordance with the guidelines adopted under division
(B) of this | 649 |
| section if the products are available and meet the
performance | 650 |
| specifications of the procuring entities. Purchases
of recycled | 651 |
| products shall comply with any rules adopted under
division (C) of | 652 |
| this section. | 653 |
| (D) The department of administrative services, the office of | 676 |
| information technology, and the
department of natural resources | 677 |
| annually shall prepare and submit
to the governor, president of | 678 |
| the senate, and speaker of the
house of representatives a report | 679 |
| that describes, so far as
practicable, the value and types of | 680 |
| recycled products that are
purchased with moneys disbursed from | 681 |
| the state treasury by the
general assembly; the offices of all | 682 |
| elected state officers; and
all departments, boards, offices, | 683 |
| commissions, agencies, and
institutions of this state. | 684 |
| Sec. 125.09. (A) Pursuant to section 125.07 of the
Revised | 685 |
Code, the department of administrative servicesa purchasing | 686 |
| authority may
prescribe such conditions under which competitive | 687 |
| sealed bids
will be received and terms of the proposed purchase as | 688 |
| it
considers necessary; provided, that all such conditions and | 689 |
| terms
shall be reasonable and shall not unreasonably restrict | 690 |
|
competition, and bidders may bid upon all or any item of the | 691 |
|
supplies or services listed in such notice. Those bidders
claiming | 692 |
| the preference for United States and Ohio products
outlined in | 693 |
| this chapter shall designate in their bids either
that the product | 694 |
| to be supplied is an Ohio product or that under
the rules | 695 |
established by the director of administrative servicespurchasing | 696 |
| authority
they qualify as having a significant Ohio economic | 697 |
| presence. | 698 |
(4) Criteria and procedures to be used by the director | 715 |
| purchasing authorities to
qualify bidders located in states | 716 |
| bordering Ohio who might
otherwise be excluded from being awarded | 717 |
| a contract by operation
of this section and section 125.11 of the | 718 |
| Revised Code. The
criteria and procedures shall recognize the | 719 |
| level and regularity
of interstate commerce between Ohio and the | 720 |
| border states and
provide that the non-Ohio businesses may qualify | 721 |
| for award of a
contract as long as they are located in a state | 722 |
| that imposes no
greater restrictions than are contained in this | 723 |
| section and
section 125.11 of the Revised Code upon persons | 724 |
| located in Ohio
selling products or services to agencies of that | 725 |
| state. The criteria and
procedures shall also provide that a | 726 |
| non-Ohio business shall not bid
on a contract for state printing | 727 |
| in this state if the business is located in a
state that excludes | 728 |
| Ohio businesses from bidding on state printing
contracts in that | 729 |
| state. | 730 |
| (5) Criteria and procedures to be used to qualify bidders | 731 |
|
whose manufactured products, except for mined products, are | 732 |
|
produced in other states or in North America, but the bidders
have | 733 |
| a significant Ohio economic presence in terms of the number
of | 734 |
| employees or capital investment a bidder has in this state. | 735 |
|
Bidders with a significant Ohio economic presence shall qualify | 736 |
|
for award of a contract on the same basis as if their products | 737 |
|
were produced in this state. | 738 |
| In adopting the rules required under this division, the | 748 |
directorpurchasing authority shall, to the maximum extent | 749 |
| possible, conform to the
requirements of the federal "Buy America | 750 |
| Act," 47 Stat. 1520,
(1933), 41 U.S.C.A. 10a-10d, as amended, and | 751 |
| to the regulations
adopted thereunder. | 752 |
Sec. 125.10.
(A) The department of administrative servicesA | 753 |
| purchasing authority
may
require that all
competitive sealed bids, | 754 |
| competitive
sealed
proposals,
and bids received in a reverse | 755 |
|
auction be
accompanied
by a performance bond or other cash surety | 756 |
acceptable
to the
director of administrative servicespurchasing | 757 |
| authority, in
the
sum and
with
the
sureties
it prescribes, payable | 758 |
| to the
state, and
conditioned
that
the person submitting the bid | 759 |
| or
proposal, if
that
person's
bid
or proposal is accepted, will | 760 |
|
faithfully execute
the terms of
the
contract and promptly
make | 761 |
|
deliveries of the
supplies
purchased. | 762 |
| (B)
A sealed copy of each
competitive sealed bid or | 763 |
competitive sealed proposal shall be filed with the
department | 764 |
| purchasing authority
prior
to the time specified in the notice for | 765 |
| opening of the bids
or proposals. All
competitive sealed
bids and | 766 |
|
competitive sealed
proposals shall
be publicly opened in the | 767 |
office of the departmentpurchasing authority
at the time | 768 |
| specified in
the notice. A representative of the
auditor of state | 769 |
| shall be present at the
opening of all
competitive sealed bids and | 770 |
|
competitive sealed
proposals,
and
shall
certify the opening of | 771 |
| each
competitive sealed
bid and
competitive
sealed proposal. No | 772 |
| competitive sealed
bid or
competitive
sealed proposal shall
be | 773 |
| considered valid unless it is
so
certified. | 774 |
| Sec. 125.11. (A) Subject to division (B) of this
section, | 775 |
|
contracts
awarded pursuant to
a reverse auction
under section | 776 |
|
125.072 of the Revised Code or pursuant to
competitive
sealed | 777 |
|
bidding, including
contracts awarded under
section
125.081 of
the | 778 |
|
Revised Code, shall be awarded to the
lowest
responsive and | 779 |
|
responsible bidder on each item in
accordance with
section 9.312 | 780 |
|
of the Revised Code. When the
contract is for meat
products as | 781 |
|
defined in section 918.01 of the
Revised Code or
poultry products | 782 |
|
as defined in section 918.21 of
the Revised
Code, only those bids | 783 |
|
received from vendors offering
products from
establishments on the | 784 |
|
current list
of meat and
poultry vendors established and | 785 |
|
maintained by the
director of
administrative services under | 786 |
|
section 125.17 of the
Revised Code
shall be eligible for | 787 |
acceptance. The department of
administrative servicespurchasing | 788 |
| authority may accept
or reject any or all bids in
whole or by | 789 |
| items, except that when
the contract is for services
or
products | 790 |
| available from a
qualified nonprofit agency
pursuant to
sections | 791 |
| 125.60 to 125.6012 or 4115.31 to 4115.35
of the Revised Code, the | 792 |
|
contract
shall be awarded to that agency. | 793 |
| (B) Prior to awarding a contract under division (A) of
this | 794 |
section, the department of administrative servicespurchasing | 795 |
| authority or the
state
agency responsible for evaluating a | 796 |
| contract for the
purchase of
products shall evaluate the bids | 797 |
| received
according to
the
criteria and procedures established | 798 |
| pursuant to divisions
(C)(1)
and (2) of section 125.09 of the | 799 |
| Revised Code for
determining if a
product is produced or mined in | 800 |
| the United
States and if a product
is
produced or mined in
this | 801 |
state. The
departmentpurchasing authority or other
state agency | 802 |
| shall first remove bids that offer
products
that
have not been or | 803 |
| that will not be
produced or mined in
the
United
States. From | 804 |
among the remaining bids, the departmentpurchasing authority
or | 805 |
|
other
state agency shall select the lowest responsive and | 806 |
|
responsible
bid, in
accordance with section 9.312 of the Revised | 807 |
|
Code, from
among the
bids that offer
products that
have been | 808 |
|
produced or
mined in
this state
where sufficient
competition
can | 809 |
| be generated
within
this
state to
ensure that
compliance
with | 810 |
| these
requirements will not result in
an excessive
price for
the | 811 |
| product
or acquiring a
disproportionately inferior
product.
If | 812 |
|
there are
two or more
qualified bids that offer
products that have | 813 |
| been
produced or mined
in
this state, it
shall be deemed that | 814 |
|
there is
sufficient competition
to prevent an
excessive price for | 815 |
| the
product or the acquiring of
a
disproportionately inferior | 816 |
| product. | 817 |
| (E) The director of administrative services shall publish
in | 822 |
|
the form of a model act for use by counties, townships,
municipal | 823 |
|
corporations, or any other political subdivision
described in | 824 |
|
division (B) of section 125.04 of the Revised Code, a
system of | 825 |
|
preferences
for products
mined and
produced in
this
state and in | 826 |
|
the United States and for
Ohio-based
contractors.
The
model act | 827 |
|
shall reflect substantial
equivalence
to the system
of
preferences | 828 |
|
in purchasing and public
improvement
contracting
procedures under | 829 |
|
which the state operates
pursuant to
this chapter
and section | 830 |
|
153.012 of the Revised Code. To the
maximum extent
possible, | 831 |
|
consistent with the Ohio system
of
preferences in
purchasing and | 832 |
|
public improvement contracting
procedures, the
model act shall | 833 |
|
incorporate all of the
requirements of the federal
"Buy America | 834 |
|
Act," 47 Stat. 1520
(1933), 41 U.S.C. 10a to 10d, as
amended, and | 835 |
|
the rules adopted
under that act. | 836 |
| Before and during the development and promulgation
of
the | 837 |
|
model act, the director shall consult with appropriate
statewide | 838 |
|
organizations representing counties, townships, and
municipal | 839 |
|
corporations so as to identify the special requirements
and | 840 |
|
concerns these political subdivisions have in their purchasing
and | 841 |
|
public improvement contracting procedures. The director
shall | 842 |
|
promulgate the model act by rule adopted pursuant to
Chapter 119. | 843 |
|
of the Revised Code and shall revise the act as
necessary to | 844 |
|
reflect changes in this chapter or section 153.012
of the Revised | 845 |
|
Code. | 846 |
| Sec. 125.15. All state agencies required
to secure any | 852 |
equipment, materials, supplies, or services from the department of | 853 |
administrative servicesa purchasing authority shall make | 854 |
acquisition in the manner and upon forms prescribed by the | 855 |
director of administrative servicesthat purchasing authority and | 856 |
shall reimburse the departmentpurchasing authority for the | 857 |
|
equipment, materials, supplies, or services, including
a | 858 |
reasonable sum to cover the department's administrative costs and | 859 |
| costs relating to energy efficiency and conservation programs, | 860 |
whenever
reimbursement is required by the departmentpurchasing | 861 |
| authority. The money so paid shall be
deposited in the state | 862 |
| treasury to the credit of the
general services fund for use by the | 863 |
| department of administrative services or the information | 864 |
|
technology fund for use by the office of information technology, | 865 |
| as appropriate. Those funds
are hereby created. | 866 |
|
(6) Been convicted of a criminal offense related to the | 885 |
| application for or performance of any public or private contract, | 886 |
| including, but not limited to, embezzlement, theft, forgery, | 887 |
| bribery, falsification or destruction of records, receiving stolen | 888 |
| property, and any other offense that directly reflects on the | 889 |
| vendor's business integrity; | 890 |
(B) When the directora purchasing authority reasonably | 903 |
believes that grounds for debarment exist, the directorpurchasing | 904 |
| authority shall send the vendor a notice of proposed debarment | 905 |
| indicating the grounds for the proposed debarment and the | 906 |
| procedure for requesting a hearing on the proposed debarment. The | 907 |
| hearing shall be conducted in accordance with Chapter 119. of the | 908 |
| Revised Code. If the vendor does not respond with a request for a | 909 |
| hearing in the manner specified in Chapter 119. of the Revised | 910 |
Code, the directorpurchasing authority shall issue the debarment | 911 |
| decision without a hearing and shall notify the vendor of the | 912 |
| decision by certified mail, return receipt requested. | 913 |
Sec. 125.18. Sec. 126.17. (A) There is hereby established the | 924 |
office of information technology housed within the department of | 925 |
administrative services. The office shall be under the supervision | 926 |
position of a chief information officer tostate chief information | 927 |
officer, who shall be appointed by the governordirector of budget | 928 |
| and management and subject to removal at the pleasure of the | 929 |
governordirector. The chief information officer shall serve as | 930 |
the director of the office.The state chief information officer | 931 |
| shall report to the director of budget and management and shall be | 932 |
| an assistant director of the office of budget and management in | 933 |
| addition to the assistant director created in section 121.05 of | 934 |
| the Revised Code. There is the office of information technology in | 935 |
| the office of budget and management. The office of information | 936 |
| technology shall be supervised by the state chief information | 937 |
| officer, subject to the authority of the director of budget and | 938 |
| management. The state chief information officer shall have all | 939 |
| authority granted to the office of information technology, and the | 940 |
| exercise of that authority shall be subject to the approval of the | 941 |
| director of budget and management. | 942 |
|
(3) Establish criteria and review processes to identify state | 962 |
| agency information technology projects that require alignment or | 963 |
oversight. As appropriate, the office of information technology | 964 |
state chief information officer shall provide the governor and the | 965 |
| director of budget and management with notice and advice regarding | 966 |
| the appropriate allocation of resources for those projects. The | 967 |
director of the office of information technologystate chief | 968 |
information officer may require state agencies to provide, and may | 969 |
prescribe the form and manner by which theystate agencies must | 970 |
| provide, and may require state agencies to provide, information to | 971 |
fulfill the director'sstate chief information officer's alignment | 972 |
| and oversight role. | 973 |
(D) The office of information technology shall havehas the | 974 |
same authority given to the department of administative services | 975 |
underfor the purchase of information technology supplies and | 976 |
| services for state agencies consistent with sections 125.01, | 977 |
| 125.011, 125.02, 125.023, 125.04, 125.05, 125.06, 125.07, 125.071, | 978 |
| 125.072, 125.081, 125.09, 125.10, 125.11, 125.15, and 125.25 of | 979 |
the Revised Code for the purchase of information technology | 980 |
supplies and services for state agencies. | 981 |
(G) As used in this section, "state agency" meansincludes | 990 |
| every organized body, office, or agency established by the laws of | 991 |
| the state for the exercise of any function of state government, | 992 |
| other than any state-supported institution of higher education, | 993 |
| the office of the auditor of state, treasurer of state, secretary | 994 |
| of state, or attorney general, the public employees retirement | 995 |
| system, the Ohio police and fire pension fund, the state teachers | 996 |
| retirement system, the school employees retirement system, the | 997 |
| state highway patrol retirement system, the general assembly or | 998 |
| any legislative agency, or the courts or any judicial agency. | 999 |
| (1) Create a business reply form that is capable of | 1010 |
| containing
information that a private business is required to | 1011 |
provide to state
agencies on a regular basis. The director of | 1012 |
administrative servicesoffice of information technology shall | 1013 |
|
adopt rules in accordance with Chapter 119. of the Revised Code | 1014 |
specifying the
information that the form shall contain. Subject to | 1015 |
division (E) of
this section, stateState agencies shall use the | 1016 |
| business
reply form to obtain information from private businesses. | 1017 |
(C) Not later than September 30, 1999, the
directorThe | 1036 |
| office of information technology may report to the
director of | 1037 |
budget
and management and to the committees that handlehaving | 1038 |
jurisdiction over finance and the committees
that handle state | 1039 |
| government affairs in the house of representatives and the
senate | 1040 |
| on the
progress of state agencies in complying with division | 1041 |
(A)(1) of this
section. The directoroffice of information | 1042 |
| technology may recommend a five per cent reduction in the
future | 1043 |
| appropriations of any state agency that has failed to comply with | 1044 |
| that
division without good cause. | 1045 |
(1) "State agency" means the secretary of state, the | 1047 |
department of job and family
services regarding duties it performs | 1048 |
pursuant to Title
XLI of the Revised Code, the bureau of
workers' | 1049 |
compensation, the department of administrative services, and any | 1050 |
other state agency that elects to participate in the pilot program | 1051 |
as
provided in division (E) of this sectionhas the same meaning | 1052 |
| as defined in section 126.17 of the Revised Code. | 1053 |
(E) The provisions of this section pertaining to the business | 1056 |
reply form constitute a two-year pilot program. Not later than one | 1057 |
year after
January 21,
1998, the department of administrative | 1058 |
services
shall complete the planning and preparation that is | 1059 |
necessary to implement the
pilot program. The director of | 1060 |
administrative services may request other
state agencies, as | 1061 |
defined in division (A) of section 125.91 of the Revised
Code, to | 1062 |
participate in the pilot program. If the director so requests, the | 1063 |
state
agency may participate in the program. The provisions of | 1064 |
this section shall
cease to have effect three years after January | 1065 |
21,
1998.
Within ninety days after the completion of the pilot | 1066 |
program, the director of
administrative services shall report to | 1067 |
the director of budget and management
and the committees described | 1068 |
in division (C) of this section on the
effectiveness of the pilot | 1069 |
program. | 1070 |
| Sec. 126.19. (A) There is established the multi-agency radio | 1071 |
| communications system (MARCS). The system shall be a computer and | 1072 |
| communications network to provide voice and data communications | 1073 |
| statewide maintained by the office of information technology. | 1074 |
| MARCS shall supply a communications backbone for statewide public | 1075 |
| safety uses in a single system shared by several state agencies. | 1076 |
| The system shall provide mobile voice, data, vehicle location | 1077 |
| services, and computer-aided dispatching. The office of | 1078 |
| information technology shall promote MARCS as a statewide | 1079 |
| interoperable communications system for public safety agencies at | 1080 |
| all levels of government. Subject to the approval of the MARCS | 1081 |
| steering committee, the office of information technology may make | 1082 |
| MARCS available to agencies for uses not related to public safety. | 1083 |
| (B) There is hereby established a MARCS steering committee | 1084 |
| consisting of the designees of the state chief information | 1085 |
| officer; the directors of public safety, health, natural | 1086 |
| resources, transportation, rehabilitation and correction, and | 1087 |
| youth services; and a designee not from a state agency who shall | 1088 |
| be appointed by the state chief information officer. The state | 1089 |
| chief information officer or the officer's designee shall chair | 1090 |
| the committee. The committee shall provide assistance to the | 1091 |
| office of information technology for effective and efficient | 1092 |
| implementation of the MARCS system as well as develop policies for | 1093 |
| the ongoing management of the system. Upon dates prescribed by the | 1094 |
| state chief information officer, the MARCS steering committee | 1095 |
| shall report to the state chief information officer on the | 1096 |
| progress of MARCS implementation and the development of policies | 1097 |
| related to the system. The MARCS steering committee may permit | 1098 |
| secondary uses of MARCS not related to public safety so long as | 1099 |
| those secondary uses do not interfere with the system's primary | 1100 |
| use for public safety. | 1101 |
| Sec. 718.051. (A) As used in this section, "Ohio business | 1102 |
gateway" means the online computer network system, initially | 1103 |
createdmaintained by the department of administrative services | 1104 |
office of information technology under section 125.30126.18 of | 1105 |
| the Revised Code, that allows private businesses to electronically | 1106 |
| file business reply forms with state agencies and includes any | 1107 |
| successor electronic filing and payment system. | 1108 |
| (B) Notwithstanding section 718.05 of the Revised Code, on | 1109 |
| and after January 1, 2005, any taxpayer that is subject to any | 1110 |
| municipal corporation's tax on the net profit from a business or | 1111 |
| profession and has received an extension to file the federal | 1112 |
| income tax return shall not be required to notify the municipal | 1113 |
| corporation of the federal extension and shall not be required to | 1114 |
| file any municipal income tax return until the last day of the | 1115 |
| month to which the due date for filing the federal return has been | 1116 |
| extended, provided that, on or before the date for filing the | 1117 |
| municipal income tax return, the person notifies the tax | 1118 |
| commissioner of the federal extension through the Ohio business | 1119 |
| gateway. An extension of time to file is not an extension of the | 1120 |
| time to pay any tax due. | 1121 |
| Sec. 1306.20. (A) Subject to section 1306.11 of the Revised | 1157 |
| Code, each state
agency shall determine if, and the
extent to | 1158 |
| which, it will send and receive electronic records and electronic | 1159 |
|
signatures to and from other persons and otherwise create, | 1160 |
| generate,
communicate, store, process, use, and rely
upon | 1161 |
| electronic records and electronic signatures. | 1162 |
| (b) The waiver is consistent with criteria set forth in rules | 1176 |
|
adopted by the state agency. The criteria, to the extent | 1177 |
| reasonable under the circumstances, shall
contain standards to | 1178 |
| facilitate the use of electronic commerce by
persons under the | 1179 |
| jurisdiction of the state agency consistent with
rules adopted by | 1180 |
| the department of administrative services
pursuant to division (A) | 1181 |
| of section 1306.21 of the Revised Code. | 1182 |
| (E)(1) To the extent a state agency retains an electronic | 1198 |
| record,
the state agency may retain a record in a format that is | 1199 |
| different from the
format in which the record was originally | 1200 |
| created, used, sent, or received
only if it can be demonstrated | 1201 |
| that the alternative format used accurately
and completely | 1202 |
| reflects the record as it was originally created, used, sent,
or | 1203 |
| received. | 1204 |
| (F) Whenever any rule of law requires or authorizes the | 1214 |
| filing of
any information, notice, lien, or other document or | 1215 |
| record with any state
agency, a filing made by an electronic | 1216 |
| record shall have the same force and
effect as a filing made on | 1217 |
| paper in all cases where the state agency has
authorized or agreed | 1218 |
| to such electronic filing and the filing is made in
accordance | 1219 |
| with applicable rules or agreement. | 1220 |
| (H)(1) Notwithstanding division (C)(1) or (D)
of this | 1224 |
section, any state agency that, prior to the effective date of | 1225 |
this
sectionSeptember 14, 2000, used or permitted the
use of | 1226 |
| electronic records or electronic
signatures pursuant to laws | 1227 |
enacted, rules adopted, or agency policies adopted
before the | 1228 |
effective date of this sectionSeptember
14, 2000, may use or | 1229 |
| permit the use of
electronic records or electronic signatures | 1230 |
| pursuant to those previously
enacted laws, adopted rules, or | 1231 |
adopted policies for a period of two years
after the effective | 1232 |
date of this sectionSeptember
14, 2000. | 1233 |
| (2) Subject to division (H)(3) of this section, after the | 1234 |
|
two-year period described in division (H)(1) of this section has | 1235 |
|
concluded, all state agencies that use or permit the use of | 1236 |
electronic records
or electronic signatures before the effective | 1237 |
date of this sectionSeptember 14, 2000, shall only
use or permit | 1238 |
| the use of electronic records or electronic signatures
consistent | 1239 |
with rules adopted by the department of administrative
services | 1240 |
| office of information technology pursuant to division (A) of | 1241 |
| section 1306.21 of the
Revised Code. | 1242 |
| (I) For the purposes of this section, "state agency"
means | 1250 |
| every organized body, office, or agency
established by the laws of | 1251 |
| the state for the exercise of any function of state
government, | 1252 |
| but
does not include the general assembly, any legislative agency, | 1253 |
| the supreme
court, the other courts of record in this state, or | 1254 |
| any judicial agency. | 1255 |
(2) If the department of administrative servicesoffice of | 1284 |
| information technology adopts rules
pursuant to division (B)(1) of | 1285 |
| this section, the department shall
consider consistency in | 1286 |
| applications and interoperability with governmental
agencies of | 1287 |
| this state,
agencies of other states, the federal government, and | 1288 |
| nongovernmental persons
to the extent
practicable when adopting | 1289 |
| rules pursuant to that division. | 1290 |
| (C) With regard to electronic transactions, electronic | 1291 |
signatures, and security procedures, the department of | 1292 |
administrative servicesoffice of information technology may | 1293 |
| publish recommendations for governmental
agencies and | 1294 |
| nongovernmental persons to promote consistency and | 1295 |
|
interoperability among nongovernmental persons, agencies of this | 1296 |
|
state and other states, and the federal government. | 1297 |
| Sec. 3353.02. (A) There is hereby created the eTech Ohio | 1309 |
| commission as an independent agency to advance education and | 1310 |
| accelerate the learning of the citizens of this state through | 1311 |
| technology. The commission shall provide leadership and support in | 1312 |
| extending the knowledge of the citizens of this state by promoting | 1313 |
| access to and use of all forms of educational technology, | 1314 |
| including educational television and radio, radio reading | 1315 |
| services, broadband networks, videotapes, compact discs, digital | 1316 |
| video on demand (DVD), and the internet. The commission also shall | 1317 |
| administer programs to provide financial and other assistance to | 1318 |
| school districts and other educational institutions for the | 1319 |
| acquisition and utilization of educational technology. | 1320 |
| (B) The commission shall consist of thirteen members, nine of | 1324 |
| whom shall be voting members. Six of the voting members shall be | 1325 |
| representatives of the public. Of the representatives of the | 1326 |
| public, four shall be appointed by the governor with the advice | 1327 |
| and consent of the senate, one shall be appointed by the speaker | 1328 |
| of the house of representatives, and one shall be appointed by the | 1329 |
| president of the senate. The superintendent of public instruction | 1330 |
| or a designee of the superintendent, the chancellor of the Ohio | 1331 |
board of regents or a designee of the chancellor, and the director | 1332 |
of the office of information technologystate chief information | 1333 |
officer or a designee of the directorofficer shall be ex officio | 1334 |
| voting members. Of the nonvoting members, two shall be members of | 1335 |
| the house of representatives appointed by the speaker of the house | 1336 |
| of representatives and two shall be members of the senate | 1337 |
| appointed by the president of the senate. The members appointed | 1338 |
| from each chamber shall not be members of the same political | 1339 |
| party. | 1340 |
| (C) Initial terms of office for members appointed by the | 1341 |
| governor shall be one year for one member, two years for one | 1342 |
| member, three years for one member, and four years for one member. | 1343 |
| At the first meeting of the commission, members appointed by the | 1344 |
| governor shall draw lots to determine the length of the term each | 1345 |
| member will serve. Thereafter, terms of office for members | 1346 |
| appointed by the governor shall be for four years. Terms of office | 1347 |
| for voting members appointed by the speaker of the house of | 1348 |
| representatives and the president of the senate shall be for four | 1349 |
| years. Any member who is a representative of the public may be | 1350 |
| reappointed by the member's respective appointing authority, but | 1351 |
| no such member may serve more than two consecutive four-year | 1352 |
| terms. Such a member may be removed by the member's respective | 1353 |
| appointing authority for cause. | 1354 |
| (D) Vacancies among appointed members shall be filled in the | 1362 |
| manner provided for original appointments. Any member appointed to | 1363 |
| fill a vacancy occurring prior to the expiration of the term for | 1364 |
| which the member's predecessor was appointed shall hold office for | 1365 |
| the remainder of that term. Any appointed member shall continue in | 1366 |
| office subsequent to the expiration of that member's term until | 1367 |
| the member's successor takes office or until a period of sixty | 1368 |
| days has elapsed, whichever occurs first. | 1369 |
| (G) The commission shall establish advisory groups as needed | 1381 |
| to address topics of interest and to provide guidance to the | 1382 |
| commission regarding educational technology issues and the | 1383 |
| technology needs of educators, learners, and the public. Members | 1384 |
| of each advisory group shall be appointed by the commission and | 1385 |
| shall include representatives of individuals or organizations with | 1386 |
| an interest in the topic addressed by the advisory group. | 1387 |
| Sec. 5111.915. (A) The department of job and family services | 1388 |
| shall enter into an agreement with the department of | 1389 |
| administrative services for the department of administrative | 1390 |
| services to contract through competitive selection pursuant to | 1391 |
| section 125.07 of the Revised Code with a vendor to perform an | 1392 |
| assessment of the data collection and data warehouse functions of | 1393 |
| the medicaid data warehouse system, including the ability to link | 1394 |
| the data sets of all agencies serving medicaid recipients. | 1395 |
| The assessment of the data system shall include functions | 1396 |
| related to fraud and abuse detection, program management and | 1397 |
| budgeting, and performance measurement capabilities of all | 1398 |
| agencies serving medicaid recipients, including the departments of | 1399 |
| aging, alcohol and drug addiction services, health, job and family | 1400 |
| services, mental health, and mental retardation and developmental | 1401 |
| disabilities. | 1402 |
Within ninety days after the effective date of this section | 1421 |
| September 29, 2005, the department of job and family services | 1422 |
| shall seek enhanced federal funding for ninety per cent of the | 1423 |
| funds required to establish or enhance the data system. The | 1424 |
department of administrative servicesoffice of information | 1425 |
| technology shall not award a contract for establishing or | 1426 |
| enhancing the data system until the department of job and family | 1427 |
| services receives approval from the secretary of the United States | 1428 |
| department of health and human services for the ninety per cent | 1429 |
| federal match. | 1430 |
|
(B) There is hereby created the Ohio business gateway | 1434 |
| steering committee to direct the continuing development of the | 1435 |
| Ohio business gateway and to oversee its operations. The committee | 1436 |
| shall provide general oversight regarding operation of the Ohio | 1437 |
business gateway and shall recommend to the department of | 1438 |
administrative servicesoffice of information technology | 1439 |
| enhancements that will improve the Ohio business gateway. The | 1440 |
| committee shall consider all banking, technological, | 1441 |
| administrative, and other issues associated with the Ohio business | 1442 |
| gateway and shall make recommendations regarding the type of | 1443 |
| reporting forms or other tax documents to be filed through the | 1444 |
| Ohio business gateway. | 1445 |
|
(D) A vacancy on the committee does not impair the right of | 1473 |
| the other members to exercise all the functions of the committee. | 1474 |
| The presence of a majority of the members of the committee | 1475 |
| constitutes a quorum for the conduct of business of the committee. | 1476 |
| The concurrence of at least a majority of the members of the | 1477 |
| committee is necessary for any action to be taken by the | 1478 |
| committee. On request, each member of the committee shall be | 1479 |
| reimbursed for the actual and necessary expenses incurred in the | 1480 |
| discharge of the member's duties. | 1481 |
| Section 101.02. That existing sections 9.30, 125.01, 125.02, | 1494 |
| 125.021, 125.022, 125.023, 125.04, 125.041, 125.05, 125.06, | 1495 |
| 125.07, 125.071, 125.072, 125.073, 125.08, 125.081, 125.082, | 1496 |
| 125.09, 125.10, 125.11, 125.15, 125.18, 125.25, 125.30, 718.051, | 1497 |
| 1306.20, 1306.21, 1347.06, 3353.02, 5111.915, and 5703.57 of the | 1498 |
| Revised Code are hereby repealed. | 1499 |
| The Ohio Administrative Knowledge System (OAKS) shall be an | 1503 |
|
enterprise resource planning system that replaces the state's | 1504 |
|
central services infrastructure systems, including the Central | 1505 |
|
Accounting System, the Human Resources/Payroll System, the Capital | 1506 |
|
Improvements Projects Tracking System, the Fixed Assets Management | 1507 |
System, and the Procurement System. The Department of | 1508 |
Administrative Services, in conjunction with the Office of Budget | 1509 |
and Management,Office of Information Technology may acquire the | 1510 |
| system, including, but not limited
to, the enterprise resource | 1511 |
| planning
software and installation and
implementation thereof | 1512 |
| pursuant to
Chapter 125. of the Revised
Code. Any lease-purchase | 1513 |
| arrangement
utilized under Chapter 125.
of the Revised Code, | 1514 |
| including any fractionalized interest therein as defined in | 1515 |
| division (N) of section 133.01 of the Revised Code, shall provide | 1516 |
| at
the end of the lease period
that OAKS shall become the property | 1517 |
| of
the state. | 1518 |
Upon the transfer of appropriations to GRF appropriation item | 1552 |
042-416, Medicaid Agency Transition, the Director of Budget and | 1553 |
Management may retain staff of the Medicaid Administrative Study | 1554 |
Council, hire staff, enter into contracts, and take other steps | 1555 |
necessary to complete the transition tasks identified in the | 1556 |
Medicaid Administrative Study Council report or other tasks | 1557 |
considered necessary to create a new Department of Medicaid. Any | 1558 |
contracts entered into under this paragraph shall be exempt from | 1559 |
the authority and supervision of the Department of Administrative | 1560 |
Services and the Office of Information Technology. | 1561 |
| Prior to the release of funds for asbestos abatement, the | 1596 |
|
Department of Administrative Services shall review proposals from | 1597 |
|
state agencies to use these funds for asbestos abatement projects | 1598 |
|
based on criteria developed by the Department of Administrative | 1599 |
|
Services. Upon a determination by the Department of
Administrative | 1600 |
|
Services that the requesting agency cannot fund the
asbestos | 1601 |
|
abatement project or other toxic materials removal
through | 1602 |
|
existing capital and operating appropriations, the
Department may | 1603 |
|
request the release of funds for such projects by
the Controlling | 1604 |
|
Board. State agencies intending to fund asbestos
abatement or | 1605 |
|
other toxic materials removal through existing
capital and | 1606 |
|
operating appropriations shall notify the Director of | 1607 |
|
Administrative Services of the nature and scope prior to | 1608 |
|
commencing the project. | 1609 |
There is hereby continued a Multi-Agency Radio Communications | 1631 |
System (MARCS) Steering Committee consisting of the designees of | 1632 |
the
Directors of the Office of Information Technology, Public | 1633 |
Safety, Natural
Resources, Transportation, Rehabilitation and | 1634 |
Correction, and
Budget and Management. The Director of the Office | 1635 |
of Information Technology or
the Director's designee shall chair | 1636 |
the Committee. The Committee
shall provide assistance to the | 1637 |
Director of the Office of Information Technology for effective and | 1638 |
efficient implementation of the MARCS
system as well as develop | 1639 |
policies for the ongoing management of
the system. Upon dates | 1640 |
prescribed by the Directors of
the Office of Information | 1641 |
Technology and Budget and Management, the MARCS
Steering Committee | 1642 |
shall report to the Directors on the
progress
of MARCS | 1643 |
implementation and the development of policies
related to
the | 1644 |
system. | 1645 |
| The foregoing appropriation item CAP-827, Statewide | 1646 |
|
Communications
System, shall be used to purchase or construct the | 1647 |
|
components of
MARCS that are not
specific to any one agency. The | 1648 |
|
equipment may include, but is not
limited to, multi-agency | 1649 |
|
equipment at the Emergency Operations
Center/Joint Dispatch | 1650 |
|
Facility, computer and telecommunication
equipment used for the | 1651 |
|
functioning and integration of the system,
communications towers, | 1652 |
|
tower sites, tower equipment, and
linkages among towers and | 1653 |
|
between towers and the State of Ohio
Network for Integrated | 1654 |
Communication (SONIC) system. The Director
of the Office of | 1655 |
Information TechnologyState Chief Information Officer shall, with | 1656 |
| the concurrence of the
MARCS Steering
Committee, determine the | 1657 |
| specific use of funds. | 1658 |
| The foregoing appropriation item CAP-835, Energy Conservation | 1666 |
|
Projects, shall be used to perform energy conservation | 1667 |
|
renovations, including the United States Environmental Protection | 1668 |
|
Agency's Energy Star Program, in state-owned facilities. Prior to | 1669 |
|
the release of funds for renovation, state agencies shall have | 1670 |
|
performed a comprehensive energy audit for each project. The | 1671 |
|
Department of Administrative Services shall review and approve | 1672 |
|
proposals from state agencies to use these funds for energy | 1673 |
|
conservation.
Public school districts and state-supported and | 1674 |
|
state-assisted
institutions of higher education are not eligible | 1675 |
|
for funding from
this item. | 1676 |
| The amount reappropriated for the foregoing appropriation | 1682 |
| item CAP-852, North High Building Complex Renovations, is the | 1683 |
| unencumbered and unallotted balance as of June 30, 2006, in | 1684 |
| appropriation item CAP-852, North High Building Complex | 1685 |
| Renovations, plus the sum of the unencumbered and unallotted | 1686 |
| balance for appropriation item CAP-813, Heer Building Renovation | 1687 |
| as of June 30, 2006. | 1688 |
| Section 301.01. (A) Effective July 1, 2007, the State Chief | 1692 |
| Information Officer shall report to the Director of Budget and | 1693 |
| Management. All actions of the State Chief Information Officer | 1694 |
| thereafter shall be subject to the approval of the Director of | 1695 |
| Budget and Management. The State Chief Information Officer shall | 1696 |
| continue to perform all the duties, powers, and obligations of the | 1697 |
| State Chief Information Officer and the Office of Information | 1698 |
| Technology provided for by law. To allow for the administrative | 1699 |
| reorganization and program transfer, the operation of the Office | 1700 |
| of Information Technology shall remain within the Department of | 1701 |
| Administrative Services until July 1, 2008. Notwithstanding any | 1702 |
| section of the Revised Code, funds appropriated in this act to the | 1703 |
| Department of Administrative Services for the Office of | 1704 |
| Information Technology and the employees and assets of the Office | 1705 |
| of Information Technology in the Department shall be used by the | 1706 |
| Department as directed by the State Chief Information Officer for | 1707 |
| the continued operation of the Office of Information Technology. | 1708 |
| Effective July 1, 2008, the operations of the Office of | 1709 |
| Information Technology in the Department of Administrative | 1710 |
| Services cease. | 1711 |
| (B) Employees of the Office of Information Technology in the | 1712 |
| Department of Administrative Services shall be transferred to the | 1713 |
| Office of Budget and Management. The State Chief Information | 1714 |
| Officer and the Directors of Administrative Services and the | 1715 |
| Office of Budget and Management may identify employees of the | 1716 |
| Department of Administrative Services who provide administrative | 1717 |
| support to the Office of Information Technology and who shall be | 1718 |
| transferred to the Office of Budget and Management. Both of these | 1719 |
| transfers shall take effect on the first day of the first pay | 1720 |
| period for fiscal year 2009 and are subject to the lay-off | 1721 |
| provisions of sections 124.321 to 124.328 of the Revised Code. | 1722 |
| (D) Any matter commenced but not completed by the Office of | 1727 |
| Information Technology in the Department of Administrative | 1728 |
| Services on July 1, 2007, shall be completed by the Office of | 1729 |
| Information Technology in the Office of Budget and Management, as | 1730 |
| appropriate, in the same manner, and with the same effect, as if | 1731 |
| completed by the Office of Information Technology in the | 1732 |
| Department of Administrative Services. Any validation, cure, | 1733 |
| right, privilege, remedy, obligation, or liability of the Office | 1734 |
| of Information Technology is not lost or impaired by reason of the | 1735 |
| transfer and shall be administered by the State Chief Information | 1736 |
| Officer and Office of Information Technology in the Office of | 1737 |
| Budget and Management. | 1738 |
| (E) All rules, orders, policies, directives, and | 1739 |
| determinations of the State Chief Information Officer and the | 1740 |
| Office of Information Technology in the Department of | 1741 |
| Administrative Services continue in effect as rules, orders, | 1742 |
| policies, directives, and determinations of the State Chief | 1743 |
| Information Officer and the Office of Information Technology in | 1744 |
| the Office of Budget and Management until modified or rescinded by | 1745 |
| the Officer, Office, or the Director of Budget and Management. At | 1746 |
| the request of the State Chief Information Officer or the Director | 1747 |
| of Budget and Management, and if necessary to ensure the integrity | 1748 |
| of the numbering of the Administrative Code, the Director of the | 1749 |
| Legislative Service Commission shall renumber rules of the Office | 1750 |
| of Information Technology to reflect the transfer to the Office of | 1751 |
| Budget and Management. | 1752 |
| (F) Effective July 1, 2007, whenever the Department of | 1753 |
| Administrative Services, the Office of Information Technology, or | 1754 |
| the State Chief Information Officer is referred to in any law, | 1755 |
| contract, or other document in relation to statewide information | 1756 |
| technology, the reference shall be deemed to refer to the Office | 1757 |
| of Budget and Management or the Office of Information Technology | 1758 |
| in the Office of Budget and Management. | 1759 |
| (G) Effective July 1, 2007, any action or proceeding or | 1760 |
| adjudication that is related to the Office of Information | 1761 |
| Technology in the Department of Administrative Services and that | 1762 |
| is pending shall not be affected by the transfer and shall be | 1763 |
| prosecuted or defended in the name of the Director of Budget and | 1764 |
| Management or the Office of Budget and Management. In all such | 1765 |
| actions and proceedings the Director or the Office, upon | 1766 |
| application to the court or agency, shall be substituted as a | 1767 |
| party. | 1768 |
| (H) On and after July 1, 2007, notwithstanding any provision | 1769 |
| of law to the contrary, the Director of Budget and Management is | 1770 |
| authorized to take the actions described in this section with | 1771 |
| respect to budget changes made necessary by the transfer, | 1772 |
| including administrative reorganization, program transfers, the | 1773 |
| creation of new funds, and the consolidation of funds as | 1774 |
| authorized by this act. The Director may make any transfer of cash | 1775 |
| balances between funds. At the request of the Director of Budget | 1776 |
| and Management, the State Chief Information Officer shall certify | 1777 |
| to the Director an estimate of the amount of the cash balance to | 1778 |
| be transferred to the receiving fund. The Director may transfer | 1779 |
| the estimated amount when needed to make payments. Not more than | 1780 |
| thirty days after certifying the estimated amount, the State Chief | 1781 |
| Information Officer shall certify the final amount to the | 1782 |
| Director. The Director shall transfer the difference between any | 1783 |
| amount previously transferred and the certified final amount. The | 1784 |
| Director may cancel encumbrances or parts of encumbrances and | 1785 |
| re-establish encumbrances or parts of encumbrances as needed in | 1786 |
| the appropriate fund and appropriation item for the same purpose | 1787 |
| and to the same vendor. As determined by the Director, the | 1788 |
| appropriation authority necessary to re-establish those | 1789 |
| encumbrances in a different fund or appropriation item in or | 1790 |
| between the Office of Budget and Management and the Department of | 1791 |
| Administrative Services is hereby authorized. The Director shall | 1792 |
| reduce each year's appropriation balances by the amount of the | 1793 |
| encumbrances canceled in their respective funds and appropriation | 1794 |
| items. Any fiscal year 2007 unencumbered or unallocated | 1795 |
| appropriation balances may be transferred to the appropriate item | 1796 |
| to be used for the same purposes, as determined by the Director. | 1797 |