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H. B. No. 282 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Evans, Jordan, Boose, Sears, Adams, J., Morgan, Domenick, Combs, Oelslager, Derickson, Blair, Mecklenborg, Bacon, Stautberg
A BILL
To amend section 125.112; to amend, for the purpose
of adopting a new section number as indicated in
parentheses, section 125.112 (126.18); and to
enact sections 126.181, 126.182, and 126.183 of
the
Revised Code to transfer the responsibility
of
maintaining a state awards web site from the
Department of Administrative Services to the
Office of Budget and Management, to alter and
expand the information to be included on the web
site, and to repeal the Attorney General's
responsibility to monitor state award compliance.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 125.112 be amended, section 125.112
(126.18) be amended for the purpose of adopting a new section
number as indicated in parentheses, and sections 126.181,
126.182, and 126.183 of the Revised Code be enacted to read as
follows:
Sec. 125.112 126.18. (A) As used in this section sections
126.18 to 126.183 of the Revised Code:
(1)(A) "Agency" means a department created under section
121.02
of the Revised Code any department, office, bureau, board,
division, commission, institution, college, or university
established by the laws of this state and the programs and
activities of those bodies. "Agency" includes the offices of the
governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, attorney general, and members of the
general assembly.
(2)(B)(1) "Entity" means, whether the following:
(a) Whether for profit or nonprofit, a
corporation,
association, partnership, limited liability company,
sole
proprietorship, union, or other business entity. "Entity";
(b) Any county, township, municipal corporation, or other
local government body of this state.
(2)
"Entity" does not
include an individual who receives
state assistance that is not
related to the individual's
business.
(3)(a)(C)(1) "State award" means a contract awarded by the
state costing over twenty-five thousand dollars. expenditures in
any of the following forms:
(a) Grants, subgrants, loans, awards, cooperative agreements,
or other similar form of financial assistance;
(b) Contracts, subcontracts, purchase orders, task orders,
delivery orders, or other similar type of transaction.
(b)(2) "State award" does not include compensation received
as
an employee of the state or any state financial assistance and
expenditure received from the general assembly or any legislative
agency, any court or judicial agency, the secretary of state,
auditor of state, treasurer of state, or attorney general and
their respective offices.
(B) The department of administrative services 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, the agency
or other
instrumentality of the state that is providing the award, and the
commodity code;
(4) Any other relevant information determined by the
department of administrative services.
(C) The department of administrative services may consult
with
other state agencies in the development, establishment,
operation,
and support of the web site required by division (B)
of this section. State awards shall be posted on the
web site
within thirty days after being made. The department of
administrative services shall provide an opportunity for public
comment as
to the utility of the web site required by division
(B) of this section and any suggested improvements.
(D) The web site required by division (B) of this section
shall be fully
operational not later than one year after the
effective date of this section 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 administrative services shall submit to
the
general assembly an annual report regarding the
implementation of
the web site established pursuant to division
(B) of this section. 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) Each agency awarding a grant to an entity in fiscal year
2008 and thereafter shall establish and maintain a separate web
site listing the name of the entity receiving each grant, the
grant amount, information on each grant, and any other relevant
information determined by the department of administrative
services. Each agency shall provide the link to such a web site to
the department of administrative services within a reasonable time
after the effective date of this section and
shall thereafter
update its web site within thirty days of
awarding a new grant.
Not later than one year after the
effective date of this section,
the
department of administrative services shall establish and
maintain a separate web site, accessible to the public at no cost,
which contains the links to the agency web sites required by this
division.
(G) The attorney general shall monitor the compliance of an
entity with the terms and conditions, including
performance
metrics, if any, of a state award for economic
development
received by that entity. As necessary, the agency that
makes and
administers the state award for economic development shall assist
the attorney
general with that monitoring. The attorney general
shall submit to
the general assembly pursuant to section 101.68
of the Revised
Code an annual report regarding the level of
compliance of such entities with the terms and conditions,
including any
performance metrics, of their state awards for
economic
development. When the attorney general determines
appropriate and
to the extent that an entity that receives or has
received a state
award for economic development does not comply
with a performance
metric that is specified in the terms and
conditions of the award,
the attorney general shall pursue
against and from that entity
such remedies and recoveries as are
available under law. For
purposes of this division, "state award
for economic development"
means state financial assistance and
expenditure in any of the
following forms: grants, subgrants,
loans, awards, cooperative
agreements, or other similar and
related forms of financial
assistance and contracts,
subcontracts, purchase orders, task
orders, delivery orders, or
other similar and related
transactions. "State award for economic
development" does not
include compensation received as an
employee of the state or any
state financial assistance and
expenditure received from the
general assembly or any legislative
agency, any court or judicial
agency, the secretary of state,
auditor of state, treasurer of
state, or attorney general and
their respective offices.
(H)
Nothing in this section shall be construed as requiring
the disclosure of information that is not a public record under
section 149.43 of the Revised Code.
Sec. 126.181. (A) 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, the funding
source of the award, and the agency
that is providing the award;
(4) The location of the entity receiving the award, which
information
shall include both the political subdivision of the
state and the
state house of representatives and senate
districts;
(5) Reports submitted to the general assembly by the director
of the office of budget and management pursuant to section 126.183
of the Revised Code and documents from
audits, as defined in
section 117.01 of the Revised Code, that
relate to the award;
(6) Any other relevant information determined by the
office.
(B) The office may consult
with
other agencies in the
development, establishment,
operation,
and support of the web
site and shall provide guidance to other agencies to ensure
compliance with this section. State awards shall be posted on the
web site
within thirty days after being made. The office shall
provide an opportunity for public
comment as
to the utility of
the web site and any suggested improvements.
(C) The web site shall be fully
operational not later than
one year after the
effective date of this section and shall
include
information on
state awards made in fiscal year 2009
and
thereafter.
Sec. 126.182. Each agency that has a web site shall include
on its
homepage a link to the web site required by section
126.181 of the Revised Code.
Sec. 126.183. The director of budget and management shall
submit to
the
general assembly an annual report regarding the
implementation of
the web site required by section 126.181 of the
Revised Code. 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.
Section 2. That existing section 125.112 of the Revised Code
is hereby repealed.
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