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To enact sections 126.45, 126.46, 126.51, 126.52, | 1 |
126.53, 126.55, and 126.57 of the Revised Code to | 2 |
promote transparency with respect to state | 3 |
spending by requiring that certain information on | 4 |
state awards and earmarks, state real property | 5 |
management, state agency management, and state | 6 |
program effectiveness be collected and made | 7 |
available on-line. | 8 |
Section 1. That sections 126.45, 126.46, 126.51, 126.52, | 9 |
126.53, 126.55, and 126.57 of the Revised Code be enacted to read | 10 |
as follows: | 11 |
Sec. 126.45. (A) As used in this section: | 12 |
(1) "Entity" means, whether for profit or nonprofit, a | 13 |
corporation, association, partnership, limited liability company, | 14 |
sole proprietorship, or other business entity. "Entity" does not | 15 |
include an individual who receives state assistance that is not | 16 |
related to the individual's business. | 17 |
(2)(a) "State award" means state financial assistance and | 18 |
expenditures in any of the following forms: | 19 |
(i) Grants, subgrants, loans, awards, cooperative agreements, | 20 |
or other similar form of financial assistance; | 21 |
(ii) Contracts, subcontracts, purchase orders, task orders, | 22 |
delivery orders, or other similar type of transaction. | 23 |
(b) "State award" does not include compensation received as | 24 |
an employee of the state. | 25 |
(B) The office of budget and management shall establish and | 26 |
maintain a single searchable web site, accessible by the public at | 27 |
no cost, that includes all of the following information for each | 28 |
state award: | 29 |
(1) The name of the entity receiving the award; | 30 |
(2) The amount of the award; | 31 |
(3) Information on the award, including the type of | 32 |
transaction being funded, the purpose of the award, and the agency | 33 |
or other instrumentality of the state that is providing the award; | 34 |
(4) The location of the entity receiving the award and the | 35 |
primary location of performance under the award, which information | 36 |
shall include both the political subdivision of the state and the | 37 |
state house of representatives and senate districts; | 38 |
(5) The parent entity of the entity receiving the award, if | 39 |
the recipient is owned by another entity; | 40 |
(6) Any other relevant information determined by the office | 41 |
of budget and management. | 42 |
(C) The office of budget and management may consult with | 43 |
other state agencies in the development, establishment, operation, | 44 |
and support of the web site. State awards shall be posted on the | 45 |
web site within thirty days after being made. The office of budget | 46 |
and management shall provide an opportunity for public comment as | 47 |
to the utility of the web site and any suggested improvements. | 48 |
(D) The web site required by this section shall be fully | 49 |
operational not later than January 1, 2009, and shall include | 50 |
information on state awards made in fiscal year 2008 and | 51 |
thereafter. It shall also provide an electronic link to the daily | 52 |
journals of the senate and house of representatives. | 53 |
(E) The director of budget and management shall submit to the | 54 |
general assembly an annual report regarding the implementation of | 55 |
the web site. The report shall include data regarding the usage of | 56 |
the web site and any public comments on the utility of the site, | 57 |
including recommendations for improving data quality and | 58 |
collection. The director shall post each report on the web site. | 59 |
(F) Nothing in this section shall be construed as requiring | 60 |
the disclosure of confidential information. | 61 |
Sec. 126.46. (A) As used in this section, "earmark" means | 62 |
funds appropriated by the general assembly for projects or | 63 |
programs, if any of the following applies: | 64 |
(1) The appropriation is made outside a merit-based or | 65 |
competitive allocation process. | 66 |
(2) The recipient of the funds is specified. | 67 |
(3) The use or purpose of the funds is specified. | 68 |
(B) The office of budget and management shall establish and | 69 |
maintain a searchable web site, accessible by the public at no | 70 |
cost, that includes aggregate data on the number and cost of | 71 |
earmarks and displays that information by agency. The web site | 72 |
shall also provide detailed information on individual earmarks. | 73 |
(C) The web site required by this section shall be fully | 74 |
operational not later than January 1, 2009, and shall include | 75 |
information on earmarks designated by the general assembly in | 76 |
fiscal year 2008 and thereafter. | 77 |
Sec. 126.51. (A) The director of each state agency or, in | 78 |
the case of a state agency without a director, the equivalent | 79 |
officer of that agency, shall, within thirty days after the | 80 |
effective date of this section, designate a senior real property | 81 |
officer for that agency. The officer shall have the education, | 82 |
training, and experience required to administer the necessary | 83 |
functions of the position, as set forth in this section. | 84 |
(B) The senior real property officer shall develop and | 85 |
implement an agency asset management plan that meets the form, | 86 |
content, and other requirements established by the Ohio real | 87 |
property council under section 126.52 of the Revised Code. In | 88 |
developing this plan, the senior real property officer shall do | 89 |
all of the following: | 90 |
(1) Identify and categorize all real property owned, leased, | 91 |
or otherwise managed by the agency; | 92 |
(2) Prioritize actions to be taken to improve the operational | 93 |
and financial management of the agency's real property inventory; | 94 |
(3) Make life-cycle cost estimations associated with the | 95 |
prioritized actions; | 96 |
(4) Identify governmental authorities that are required to | 97 |
address these priorities; | 98 |
(5) Identify and pursue goals, with appropriate deadlines, | 99 |
that are consistent with and supportive of the agency asset | 100 |
management plan and measure progress against such goals; | 101 |
(6) Incorporate planning and management requirements for | 102 |
historic property and for environmental management; | 103 |
(7) Identify any other information and pursue any other | 104 |
action necessary to the appropriate development and implementation | 105 |
of the agency asset management plan. | 106 |
(C) The senior real property officer shall, on an ongoing | 107 |
basis, monitor the real property assets of the agency to ensure | 108 |
the assets are managed in a manner that is consistent with the | 109 |
real property asset management principles developed by the Ohio | 110 |
real property council and with the agency asset management plan. | 111 |
(D) Each agency's initial asset management plan shall be | 112 |
submitted to the office of budget and management not later than | 113 |
January 1, 2009. | 114 |
Sec. 126.52. (A) There is hereby established the Ohio real | 115 |
property council, within the office of budget and management, to | 116 |
develop guidance for, and facilitate the success of, each state | 117 |
agency's asset management plan. The council shall be composed of | 118 |
the senior real property officers designated under section 126.51 | 119 |
of the Revised Code, the director of budget and management, and | 120 |
the director of administrative services. The director of budget | 121 |
and management shall chair the council. The office of budget and | 122 |
management shall provide administrative support for the council. | 123 |
(B) The council shall assist the senior real property | 124 |
officers in the development and implementation of the agency asset | 125 |
management plans. The council shall establish appropriate | 126 |
performance measures to determine the effectiveness of state real | 127 |
property management and to allow for comparing the performance of | 128 |
state agencies against industry and other governmental entities. | 129 |
The performance measures shall include the following, as | 130 |
appropriate: | 131 |
(1) Life-cycle cost estimations associated with the agency's | 132 |
prioritized actions; | 133 |
(2) The costs relating to the acquisition of real property | 134 |
assets by purchase, condemnation, exchange, lease, or otherwise; | 135 |
(3) The cost and time required to dispose of state real | 136 |
property assets and the financial recovery of the state investment | 137 |
resulting from the disposal; | 138 |
(4) The operating, maintenance, and security costs of state | 139 |
properties, including the cost of utility services at unoccupied | 140 |
properties; | 141 |
(5) The environmental costs associated with ownership of | 142 |
property, including the cost of environmental restoration and | 143 |
compliance activities; | 144 |
(6) Changes in the amount of vacant state space; | 145 |
(7) The realization of equity value in state real property | 146 |
assets; | 147 |
(8) Opportunities for cooperative arrangements with the | 148 |
commercial real estate community; | 149 |
(9) The enhancement of agency productivity through an | 150 |
improved working environment. | 151 |
(C) The council shall hold its first meeting not later than | 152 |
sixty days after the effective date of this section. Thereafter, | 153 |
meetings shall be held at least once each quarter of the fiscal | 154 |
year. | 155 |
Sec. 126.53. (A) The director of budget and management, in | 156 |
consultation with the Ohio real property council established in | 157 |
section 126.52 of the Revised Code, shall develop and maintain a | 158 |
comprehensive and descriptive database of all real property under | 159 |
the custody and control of the state, except when otherwise | 160 |
required for reasons of homeland security. For purposes of the | 161 |
database, each state agency shall provide information that | 162 |
adequately describes the nature, use, and extent of the agency's | 163 |
real property assets. | 164 |
(B) The director shall make the real property database | 165 |
available on the office of budget and management's web site not | 166 |
later than January 1, 2009. | 167 |
Sec. 126.55. (A) The director of budget and management, in | 168 |
consultation with the governor, shall, not later than twelve | 169 |
months after the effective date of this section, develop | 170 |
management standards that are to be considered the best practices | 171 |
to which state agencies must adhere. In developing these | 172 |
standards, consideration shall be given to similar efforts in the | 173 |
public and private sectors. These standards shall, at a minimum, | 174 |
address all of the following areas: | 175 |
(1) Budget and performance integration; | 176 |
(2) Competitive sourcing; | 177 |
(3) E-government; | 178 |
(4) Human capital; | 179 |
(5) Financial performance improvement. | 180 |
(B) The director shall also establish performance measures to | 181 |
increase transparency and to ensure citizens and agencies have a | 182 |
better understanding of what is being accomplished. The office of | 183 |
budget and management shall apply these measures to periodically | 184 |
assess agency progress on a case-by-case basis. | 185 |
(C) An agency's successful implementation of the best | 186 |
practices in each of the areas described in division (A) of this | 187 |
section shall be tracked using the following grading system: | 188 |
(1) Green: Implementation is proceeding according to plans | 189 |
agreed upon with the agency. | 190 |
(2) Yellow: Issues have arisen requiring adjustment by the | 191 |
agency in order to achieve the objectives in a timely manner. | 192 |
(3) Red: Agency is unlikely to realize objectives absent | 193 |
significant management intervention. | 194 |
(D) The office of budget and management shall post on its web | 195 |
site each assessment made pursuant to this section. | 196 |
Sec. 126.57. (A) The office of budget and management shall, | 197 |
at least once every twenty-four-month cycle, assess each state | 198 |
program with respect to its purpose, design, planning, management, | 199 |
results, and accountability, to determine the overall | 200 |
effectiveness of the program and, based on that assessment, make | 201 |
recommendations on ways to improve program results. | 202 |
(B) To implement division (A) of this section, the office of | 203 |
budget and management shall design a questionnaire and rating | 204 |
system that indicates a program's overall performance. The | 205 |
questionnaire shall focus on a program's purpose and management, | 206 |
strategic planning with respect to the program, and program | 207 |
results. It shall be customized depending on the type of program | 208 |
to be assessed. The results of each assessment shall be posted on | 209 |
the office of budget and management's web site. | 210 |
(C) The office of budget and management shall begin | 211 |
conducting the assessments required by this section not later than | 212 |
twelve months after the effective date of this section. | 213 |