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H. B. No. 467 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Butler, Romanchuk
Cosponsors:
Representatives Terhar, Amstutz, Blair, Boose, Brenner, Grossman, Hood, Perales, Retherford, Roegner, Thompson
A BILL
To amend section 126.02 and to enact sections 101.61,
103.31, 103.32, 103.33, 103.34, 103.35, 103.36,
103.37, and 103.38 of the Revised Code to provide
for the preparation of a state biennial budget
independent of that submitted by the Governor and
to authorize the Legislative Service Commission,
upon the request of the Speaker of the House of
Representatives or the President of the Senate, to
arrange for an independent actuarial review of a
proposed bill, specified analyses of economic
policy initiatives and state benchmarking data,
and a study of the state's long-range financial
outlook.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 126.02 be amended and sections
101.61, 103.31, 103.32, 103.33, 103.34, 103.35, 103.36, 103.37,
and 103.38 of the Revised Code be enacted to read as follows:
Sec. 101.61. The chairperson of the house finance committee
or the chairperson of the senate finance committee, upon receipt
of the information certified by the director of budget and
management under section 126.02 of the Revised Code and the budget
request of each state agency, may instruct the legislative service
commission on the preparation of a main operating appropriations
bill independent of the state budget submitted by the governor
under section 107.03 of the Revised Code.
Sec. 103.31. The speaker of the house of representatives or
the president of the senate may, at any time, request the director
of the legislative service commission to arrange for the
performance of an independent actuarial review of any proposed
bill. Subject to section 103.37 of the Revised Code, the director
may, in making this arrangement, retain one or more private
actuaries on a consulting basis. Any actuary retained shall be a
member in good standing of the American academy of actuaries.
Sec. 103.32. (A) The speaker of the house of representatives
or the president of the senate may, at any time, request the
director of the legislative service commission to arrange for
either of the following:
(1) A dynamic forecast and analysis of any tax proposal or
other economic policy initiative;
(2) A compilation of benchmarking data that compares this
state to other states with respect to key business and fiscal
metrics.
(B) Subject to section 103.37 of the Revised Code, the
director may retain tax analysts, economists, and other finance or
business professionals on a consulting basis to assist the
commission in the completion of any request received under
division (A) of this section.
Sec. 103.33. The speaker of the house of representatives or
the president of the senate may, at any time, request the director
of the legislative service commission to arrange for a study of
the long-range financial outlook of the state in accordance with
sections 103.34 and 103.35 of the Revised Code for the purpose of
providing impartial, accurate information to assist the general
assembly in establishing the state's biennial budget. Subject to
section 103.37 of the Revised Code, the director may, in making
this arrangement, retain certified public accountants, certified
financial analysts, economists, and banking professionals on a
consulting basis.
Sec. 103.34. A study of the long-range financial outlook of
the state shall, at a minimum, include all of the following:
(A) A review of the current fiscal position of the state,
including the state debt and debt service, and the establishment
of a method for a long-range financial projection at the state
level in order to help maintain the state's financial stability
between fiscal years and avoid future budget problems;
(B) The integration of baseline projections of the budget
requirements of the major programs comprising the state's budget
with revenue estimates for the state based on current law;
(C) Economic forecasts for the state;
(D) A review of the demographics of the state;
(E) The collection of information from state agencies about
their financial status and projections for the next four fiscal
years.
Sec. 103.35. (A) Upon completion of the review and analysis
required under section 103.34 of the Revised Code, those
conducting the study shall issue a long-range financial outlook
report. The report shall include, but shall not be limited to, the
following information:
(1) Projections of future financial needs of the state for
the next four fiscal years;
(2) Projections of future resources of the state;
(3) Actual revenues for the previous three fiscal years and
revenue estimates for the next four fiscal years;
(4) A review of both revenue estimates and projections for
the budget requirements and expenditures of major state-funded
programs;
(5) Per agency workload estimates for state agencies.
(B) The legislative service commission shall submit the
report to the general assembly.
Sec. 103.36. The legislative service commission may request
any department, division, institution, board, authority, bureau,
or other instrumentality or officer of the state, a county, a
municipal corporation, a township, a school district, or other
governmental entity of the state to provide any information the
commission requires for purposes of an actuarial review conducted
under section 103.31 of the Revised Code, a forecast and analysis
performed under division (A)(1) of section 103.32 of the Revised
Code, the state benchmarking data compiled pursuant to division
(A)(2) of section 103.32 of the Revised Code, or a study of the
long-range financial outlook of the state conducted under sections
103.33 to 103.35 of the Revised Code. The commission shall specify
the manner of compliance, and the period of time for compliance,
in its request.
An instrumentality, officer, or entity shall comply with a
request within the period of time specified in the request.
Sec. 103.37. The state shall not enter into a contract with
any consultant under section 103.31, 103.32, or 103.33 of the
Revised Code unless the director of the legislative service
commission makes a written determination prior to entering into
the contract or within a reasonable time after entering into the
contract that utilizing such a consultant is both cost effective
and in the public interest. Any written determination shall
include findings as to whether there exist sufficient and
appropriate technical and financial resources within the
legislative service commission to handle the matter involved.
A copy of each such contract between the state and a
consultant shall be posted on the commission's web site and shall
remain posted on the web site for the duration of the contract.
Sec. 103.38. By the first day of September of each year, the
director of the legislative service commission shall submit a
report to the commission regarding the use in the preceding fiscal
year of consultants to assist the commission in the completion of
any request received under section 103.31, 103.32, or 103.33 of
the Revised Code, if such consultants were used.
Sec. 126.02. The director of budget and management shall
prepare and submit to the governor, biennially, not later than the
first day of January preceding the convening of the general
assembly, state budget estimates of revenues and expenditures for
each state fund and budget estimates for each state agency, except
such estimates as are required under section 126.022 of the
Revised Code. The budget estimates for each state agency for which
direct appropriations are proposed shall include the following
details:
(A) Estimates of the operating budget;
(B) Estimates of the subsidy appropriations necessary,
delineated by a distinct subsidy program;
(C) Estimates for special purposes, delineated by a distinct
special purpose program;
(D) Estimates of appropriations necessary from each fund in
reasonable detail to allow for adequate planning and oversight of
programs and activities.
In the preparation of state revenue and expenditure
estimates, the director of budget and management shall, not later
than the fifteenth day of September in the year preceding the
first regular session of the general assembly, distribute to all
affected state agencies the forms necessary for the preparation of
budget requests, which shall be in the form prescribed by the
director in consultation with the legislative service commission
to procure information concerning the revenues and expenditures
for the preceding and current bienniums, an estimate of the
revenues and expenditures of the current fiscal year, and an
estimate of the revenues and proposed expenditures for the
respective agencies for the two succeeding fiscal years for which
appropriations have to be made. Each such agency shall, not later
than the first day of November, file with the director its
estimate of revenues and proposed expenditures for the succeeding
biennium.
Each such agency shall, not later than the first day of
December and, at the same time, file with the chairperson of the
finance committees of the senate and house of representatives and
the legislative service commission a duplicate copy of such budget
request.
The budget request shall be accompanied by a statement in
writing giving facts and explanation of reasons for the items
requested. The director and the legislative service commission may
make further inquiry and investigation as to any item desired. The
director may approve, disapprove, or alter the requests, excepting
those for the legislative and judicial branches of the state. The
requests as revised by the director constitute the state budget
estimates of revenues and expenditures which the director is
required to submit to the governor.
Not later than the thirty-first day of December of each
even-numbered year or, if in the following year a new governor is
inaugurated, the thirty-first day of January of that inauguration
year, the director shall certify to the chairperson of the finance
committees of the senate and house of representatives and the
legislative service commission the estimated beginning cash
balance of the general revenue fund for the next fiscal year, the
estimated expenditure levels for all general revenue fund and
non-general revenue fund appropriation items for the current
fiscal year, and the estimated baseline nontax revenues to the
general revenue fund for the following two fiscal years, that will
be used in preparing the state budget presented to the governor.
The director shall determine a method to incorporate the
principles of zero-based budgeting into the forms prescribed in
this section.
Section 2. That existing section 126.02 of the Revised Code
is hereby repealed.
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