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H. B. No. 420 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Evans, McGregor, J., Bubp, Raussen, Blessing, Uecker, Batchelder, Adams, Hughes, Collier, Combs, Patton, Yuko, Stebelton, Hite, Gibbs, Stewart, J., Jones, Webster, Bacon, Schindel, Huffman, Daniels, Dolan, Hagan, J., McGregor, R., Wachtmann, Wagner, Skindell, Fessler, Book, Peterson, Stewart, D., Coley, Goodwin
A BILL
To enact sections 126.45, 126.46, 126.51, 126.52,
126.53, 126.55, and 126.57 of the Revised Code to
promote transparency with respect to state
spending by requiring that certain information on
state awards and earmarks, state real property
management, state agency management, and state
program effectiveness be collected and made
available on-line.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 126.45, 126.46, 126.51, 126.52,
126.53, 126.55, and 126.57 of the Revised Code be enacted to read
as follows:
Sec. 126.45. (A) As used in this section:
(1) "Entity" means, whether for profit or nonprofit, a
corporation, association, partnership, limited liability company,
sole proprietorship, or other business entity. "Entity" does not
include an individual who receives state assistance that is not
related to the individual's business.
(2)(a) "State award" means state financial assistance and
expenditures in any of the following forms:
(i) Grants, subgrants, loans, awards, cooperative agreements,
or other similar form of financial assistance;
(ii) Contracts, subcontracts, purchase orders, task orders,
delivery orders, or other similar type of transaction.
(b) "State award" does not include compensation received as
an employee of the state.
(B) The office of budget and management shall establish and
maintain a single searchable web site, accessible by the public at
no cost, that includes all of the following information for each
state award:
(1) The name of the entity receiving the award;
(2) The amount of the award;
(3) Information on the award, including the type of
transaction being funded, the purpose of the award, and the agency
or other instrumentality of the state that is providing the award;
(4) The location of the entity receiving the award and the
primary location of performance under the award, which information
shall include both the political subdivision of the state and the
state house of representatives and senate districts;
(5) The parent entity of the entity receiving the award, if
the recipient is owned by another entity;
(6) Any other relevant information determined by the office
of budget and management.
(C) The office of budget and management may consult with
other state agencies in the development, establishment, operation,
and support of the web site. State awards shall be posted on the
web site within thirty days after being made. The office of budget
and management shall provide an opportunity for public comment as
to the utility of the web site and any suggested improvements.
(D) The web site required by this section shall be fully
operational not later than January 1, 2009, and shall include
information on state awards made in fiscal year 2008 and
thereafter. It shall also provide an electronic link to the daily
journals of the senate and house of representatives.
(E) The director of budget and management shall submit to the
general assembly an annual report regarding the implementation of
the web site. The report shall include data regarding the usage of
the web site and any public comments on the utility of the site,
including recommendations for improving data quality and
collection. The director shall post each report on the web site.
(F) Nothing in this section shall be construed as requiring
the disclosure of confidential information.
Sec. 126.46. (A) As used in this section, "earmark" means
funds appropriated by the general assembly for projects or
programs, if any of the following applies:
(1) The appropriation is made outside a merit-based or
competitive allocation process.
(2) The recipient of the funds is specified.
(3) The use or purpose of the funds is specified.
(B) The office of budget and management shall establish and
maintain a searchable web site, accessible by the public at no
cost, that includes aggregate data on the number and cost of
earmarks and displays that information by agency. The web site
shall also provide detailed information on individual earmarks.
(C) The web site required by this section shall be fully
operational not later than January 1, 2009, and shall include
information on earmarks designated by the general assembly in
fiscal year 2008 and thereafter.
Sec. 126.51. (A) The director of each state agency or, in
the case of a state agency without a director, the equivalent
officer of that agency, shall, within thirty days after the
effective date of this section, designate a senior real property
officer for that agency. The officer shall have the education,
training, and experience required to administer the necessary
functions of the position, as set forth in this section.
(B) The senior real property officer shall develop and
implement an agency asset management plan that meets the form,
content, and other requirements established by the Ohio real
property council under section 126.52 of the Revised Code. In
developing this plan, the senior real property officer shall do
all of the following:
(1) Identify and categorize all real property owned, leased,
or otherwise managed by the agency;
(2) Prioritize actions to be taken to improve the operational
and financial management of the agency's real property inventory;
(3) Make life-cycle cost estimations associated with the
prioritized actions;
(4) Identify governmental authorities that are required to
address these priorities;
(5) Identify and pursue goals, with appropriate deadlines,
that are consistent with and supportive of the agency asset
management plan and measure progress against such goals;
(6) Incorporate planning and management requirements for
historic property and for environmental management;
(7) Identify any other information and pursue any other
action necessary to the appropriate development and implementation
of the agency asset management plan.
(C) The senior real property officer shall, on an ongoing
basis, monitor the real property assets of the agency to ensure
the assets are managed in a manner that is consistent with the
real property asset management principles developed by the Ohio
real property council and with the agency asset management plan.
(D) Each agency's initial asset management plan shall be
submitted to the office of budget and management not later than
January 1, 2009.
Sec. 126.52. (A) There is hereby established the Ohio real
property council, within the office of budget and management, to
develop guidance for, and facilitate the success of, each state
agency's asset management plan. The council shall be composed of
the senior real property officers designated under section 126.51
of the Revised Code, the director of budget and management, and
the director of administrative services. The director of budget
and management shall chair the council. The office of budget and
management shall provide administrative support for the council.
(B) The council shall assist the senior real property
officers in the development and implementation of the agency asset
management plans. The council shall establish appropriate
performance measures to determine the effectiveness of state real
property management and to allow for comparing the performance of
state agencies against industry and other governmental entities.
The performance measures shall include the following, as
appropriate:
(1) Life-cycle cost estimations associated with the agency's
prioritized actions;
(2) The costs relating to the acquisition of real property
assets by purchase, condemnation, exchange, lease, or otherwise;
(3) The cost and time required to dispose of state real
property assets and the financial recovery of the state investment
resulting from the disposal;
(4) The operating, maintenance, and security costs of state
properties, including the cost of utility services at unoccupied
properties;
(5) The environmental costs associated with ownership of
property, including the cost of environmental restoration and
compliance activities;
(6) Changes in the amount of vacant state space;
(7) The realization of equity value in state real property
assets;
(8) Opportunities for cooperative arrangements with the
commercial real estate community;
(9) The enhancement of agency productivity through an
improved working environment.
(C) The council shall hold its first meeting not later than
sixty days after the effective date of this section. Thereafter,
meetings shall be held at least once each quarter of the fiscal
year.
Sec. 126.53. (A) The director of budget and management, in
consultation with the Ohio real property council established in
section 126.52 of the Revised Code, shall develop and maintain a
comprehensive and descriptive database of all real property under
the custody and control of the state, except when otherwise
required for reasons of homeland security. For purposes of the
database, each state agency shall provide information that
adequately describes the nature, use, and extent of the agency's
real property assets.
(B) The director shall make the real property database
available on the office of budget and management's web site not
later than January 1, 2009.
Sec. 126.55. (A) The director of budget and management, in
consultation with the governor, shall, not later than twelve
months after the effective date of this section, develop
management standards that are to be considered the best practices
to which state agencies must adhere. In developing these
standards, consideration shall be given to similar efforts in the
public and private sectors. These standards shall, at a minimum,
address all of the following areas:
(1) Budget and performance integration;
(2) Competitive sourcing;
(5) Financial performance improvement.
(B) The director shall also establish performance measures to
increase transparency and to ensure citizens and agencies have a
better understanding of what is being accomplished. The office of
budget and management shall apply these measures to periodically
assess agency progress on a case-by-case basis.
(C) An agency's successful implementation of the best
practices in each of the areas described in division (A) of this
section shall be tracked using the following grading system:
(1) Green: Implementation is proceeding according to plans
agreed upon with the agency.
(2) Yellow: Issues have arisen requiring adjustment by the
agency in order to achieve the objectives in a timely manner.
(3) Red: Agency is unlikely to realize objectives absent
significant management intervention.
(D) The office of budget and management shall post on its web
site each assessment made pursuant to this section.
Sec. 126.57. (A) The office of budget and management shall,
at least once every twenty-four-month cycle, assess each state
program with respect to its purpose, design, planning, management,
results, and accountability, to determine the overall
effectiveness of the program and, based on that assessment, make
recommendations on ways to improve program results.
(B) To implement division (A) of this section, the office of
budget and management shall design a questionnaire and rating
system that indicates a program's overall performance. The
questionnaire shall focus on a program's purpose and management,
strategic planning with respect to the program, and program
results. It shall be customized depending on the type of program
to be assessed. The results of each assessment shall be posted on
the office of budget and management's web site.
(C) The office of budget and management shall begin
conducting the assessments required by this section not later than
twelve months after the effective date of this section.
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