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H. B. No. 374 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Ashford, Boyd, Williams, Antonio, Murray, Letson
A BILL
To amend section 123.151 of the Revised Code to
provide that the state certification for minority
business enterprises satisfies any similar
minority business certification requirement
imposed by a political subdivision.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 123.151 of the Revised Code be
amended to read as follows:
Sec. 123.151. (A) As used in this section,:
(1) "minority Minority business enterprise" has the same
meaning as in division (E)(1) of section 122.71 of the Revised
Code;
(2) "Political subdivision" has the same meaning as in
section 2744.01 of the Revised Code.
(B)(1) The director of administrative services shall make
rules in accordance with Chapter 119. of the Revised Code
establishing procedures by which minority businesses may apply to
the equal employment opportunity coordinator for certification as
minority business enterprises.
(2) The coordinator shall approve the application of any
minority business enterprise that complies with the rules adopted
under this division. Any person adversely affected by an order of
the coordinator denying certification as a minority business
enterprise may appeal as provided in Chapter 119. of the Revised
Code. The coordinator shall prepare and maintain a list of
certified minority business enterprises.
(C) The department of administrative services, every other
state agency authorized to enter into contracts for construction
or contracts for purchases of equipment, materials, supplies,
insurance, or services, and every port authority shall file a
report every ninety days with the equal employment opportunity
coordinator. The report shall be filed at a time and in a form
prescribed by the coordinator. The report shall include the name
of each minority business enterprise that the agency or port
authority entered into a contract with during the preceding
ninety-day period and the total value and type of each such
contract. No later than thirty days after the end of each fiscal
year, the coordinator shall notify in writing each state agency
and port authority that has not complied with the reporting
requirements of this division for the prior fiscal year. A copy of
this notification regarding a state agency shall be submitted to
the director of budget and management. No later than thirty days
after the notification, the agency or port authority shall submit
to the coordinator the information necessary to comply with the
reporting requirements of this division.
If, after the expiration of this thirty-day period, a state
agency has not complied with the reporting requirements of this
division, the coordinator shall certify to the director of budget
and management that the agency has not complied with the reporting
requirements. A copy of this certification shall be submitted to
the agency. Thereafter, no funds of the agency shall be expended
during the fiscal year for construction or purchases of equipment,
materials, supplies, contracts of insurance, or services until the
coordinator certifies to the director of budget and management
that the agency has complied with the reporting requirements of
this division for the prior fiscal year.
If any port authority has not complied with the reporting
requirement after the expiration of the thirty-day period, the
coordinator shall certify to the speaker of the house of
representatives and the president of the senate that the port
authority has not complied with the reporting requirements of this
division. A copy of this certification shall be submitted to the
port authority. Upon receipt of the certification, the speaker of
the house of representatives and the president of the senate shall
take such action or make such recommendations to the members of
the general assembly as they consider necessary to correct the
situation.
(D) A minority business enterprise certified by the equal
employment opportunity coordinator in accordance with rules
adopted under division (B)(1) of this section shall be deemed to
be in full compliance with any requirement of a political
subdivision for similar certification.
Section 2. That existing section 123.151 of the Revised Code
is hereby repealed.
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