As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 374

Representative Reece 

Cosponsors: Representatives Ashford, Boyd, Williams, Antonio, Murray, Letson 

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A BILL

To amend section 123.151 of the Revised Code to

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provide that the state certification for minority

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business enterprises satisfies any similar

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minority business certification requirement

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imposed by a political subdivision.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 123.151 of the Revised Code be	6
amended to read as follows:	7

Sec. 123.151.  (A) As used in this section,:

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(1) "minorityMinority business enterprise" has the same	9
meaning as in division (E)(1) of section 122.71 of the Revised	10
Code;	11

(2) "Political subdivision" has the same meaning as in	12
section 2744.01 of the Revised Code.	13

(B)(1) The director of administrative services shall make	14
rules in accordance with Chapter 119. of the Revised Code	15
establishing procedures by which minority businesses may apply to	16
the equal employment opportunity coordinator for certification as	17
minority business enterprises.	18

(2) The coordinator shall approve the application of any	19
minority business enterprise that complies with the rules adopted	20
under this division. Any person adversely affected by an order of	21
the coordinator denying certification as a minority business	22
enterprise may appeal as provided in Chapter 119. of the Revised	23
Code. The coordinator shall prepare and maintain a list of	24
certified minority business enterprises.	25

(C) The department of administrative services, every other	26
state agency authorized to enter into contracts for construction	27
or contracts for purchases of equipment, materials, supplies,	28
insurance, or services, and every port authority shall file a	29
report every ninety days with the equal employment opportunity	30
coordinator. The report shall be filed at a time and in a form	31
prescribed by the coordinator. The report shall include the name	32
of each minority business enterprise that the agency or port	33
authority entered into a contract with during the preceding	34
ninety-day period and the total value and type of each such	35
contract. No later than thirty days after the end of each fiscal	36
year, the coordinator shall notify in writing each state agency	37
and port authority that has not complied with the reporting	38
requirements of this division for the prior fiscal year. A copy of	39
this notification regarding a state agency shall be submitted to	40
the director of budget and management. No later than thirty days	41
after the notification, the agency or port authority shall submit	42
to the coordinator the information necessary to comply with the	43
reporting requirements of this division.	44

If, after the expiration of this thirty-day period, a state	45
agency has not complied with the reporting requirements of this	46
division, the coordinator shall certify to the director of budget	47
and management that the agency has not complied with the reporting	48
requirements. A copy of this certification shall be submitted to	49
the agency. Thereafter, no funds of the agency shall be expended	50
during the fiscal year for construction or purchases of equipment,	51
materials, supplies, contracts of insurance, or services until the	52
coordinator certifies to the director of budget and management	53
that the agency has complied with the reporting requirements of	54
this division for the prior fiscal year.	55

If any port authority has not complied with the reporting	56
requirement after the expiration of the thirty-day period, the	57
coordinator shall certify to the speaker of the house of	58
representatives and the president of the senate that the port	59
authority has not complied with the reporting requirements of this	60
division. A copy of this certification shall be submitted to the	61
port authority. Upon receipt of the certification, the speaker of	62
the house of representatives and the president of the senate shall	63
take such action or make such recommendations to the members of	64
the general assembly as they consider necessary to correct the	65
situation.	66

(D) A minority business enterprise certified by the equal	67
employment opportunity coordinator in accordance with rules	68
adopted under division (B)(1) of this section shall be deemed to	69
be in full compliance with any requirement of a political	70
subdivision for similar certification.	71

Section 2. That existing section 123.151 of the Revised Code	72
is hereby repealed.	73