The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 228 As Reported by the Senate Finance CommitteeAs Reported by the Senate Finance Committee
130th General Assembly | Regular Session | 2013-2014 |
| |
Cosponsors:
Senators Patton, Uecker, Obhof, Schaffer, Seitz, Hughes, Oelslager, Coley
A BILL
To amend section 131.35 and to enact sections 127.163
and 124.164 of the Revised Code to limit the
Controlling Board's authority to approve the
expenditure of certain funds and to require state
agencies to provide certain information to the
Controlling Board regarding requested purchases
from out-of-state suppliers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 131.35 be amended and sections
127.163 and 127.164 of the Revised Code be enacted to read as
follows:
Sec. 127.163. At the time an agency submits a request to the
controlling board to approve the making of a purchase, if the
requested purchase is to be made from a supplier who is not
headquartered in this state but has a presence in this state, the
agency shall include in the request the following information:
(A) The address or addresses of the supplier's places of
business in this state;
(B) The total number of employees the supplier employs in
each of its places of business in this state;
(C) The percentage of the requested purchase to be completed
by employees of the supplier located in this state;
(D) A list of any suppliers, subcontractors, or other
entities the supplier intends to use to fulfill the requested
purchase that includes all of the following:
(1) The address or addresses of the places of business in
this state of each potential supplier, subcontractor, or entity;
(2) The number of employees that each potential supplier,
subcontractor, or entity employs in each of its places of business
in this state;
(3) The percentage of the requested purchase to be completed
by employees of the potential supplier, subcontractor, or entity
located in this state.
Sec. 127.164. (A) Prior to submitting a request to approve
the making of a purchase to the controlling board, an agency shall
contact any entity headquartered in this state that the agency
approached related to the proposed purchase or to whom the agency
sent a request for proposals but who did not respond to the
request for proposals and ascertain why the entity did not
respond.
(B) At the time an agency submits a request to the
controlling board to approve the making of a purchase, the agency
shall submit to the board, as part of the request, the information
that the agency collected under division (A) of this section.
Sec. 131.35. (A) With respect to the federal funds received
into any fund of the state from which transfers may be made under
division (D) of section 127.14 of the Revised Code:
(1) No state agency may make expenditures of any federal
funds, whether such funds are advanced prior to expenditure or as
reimbursement, unless such expenditures are made pursuant to
specific appropriations of the general assembly, are authorized by
the controlling board pursuant to division (A)(5) of this section,
or are authorized by an executive order issued in accordance with
section 107.17 of the Revised Code, and until an allotment has
been approved by the director of budget and management. All
federal funds received by a state agency shall be reported to the
director within fifteen days of the receipt of such funds or the
notification of award, whichever occurs first. The director shall
prescribe the forms and procedures to be used when reporting the
receipt of federal funds.
(2) If the federal funds received are greater than the amount
of such funds appropriated by the general assembly for a specific
purpose, the total appropriation of federal and state funds for
such purpose shall remain at the amount designated by the general
assembly, except that the expenditure of federal funds received in
excess of such specific appropriation may be authorized by the
controlling board, subject to division (D) of this section.
(3) To the extent that the expenditure of excess federal
funds is authorized, the controlling board may transfer a like
amount of general revenue fund appropriation authority from the
affected agency to the emergency purposes appropriation of the
controlling board, if such action is permitted under federal
regulations.
(4) Additional funds may be created by the controlling board
to receive revenues not anticipated in an appropriations act for
the biennium in which such new revenues are received. Expenditures
Subject to division (D) of this section, expenditures from such
additional funds may be authorized by the controlling board, but
such authorization shall not extend beyond the end of the biennium
in which such funds are created.
(5) Controlling board authorization for a state agency to
make an expenditure of federal funds constitutes authority for the
agency to participate in the federal program providing the funds,
and the agency is not required to obtain an executive order under
section 107.17 of the Revised Code to participate in the federal
program.
(B) With respect to nonfederal funds received into the
waterways safety fund, the wildlife fund, and any fund of the
state from which transfers may be made under division (D) of
section 127.14 of the Revised Code:
(1) No state agency may make expenditures of any such funds
unless the expenditures are made pursuant to specific
appropriations of the general assembly.
(2) If the receipts received into any fund are greater than
the amount appropriated, the appropriation for that fund shall
remain at the amount designated by the general assembly or,
subject to division (D) of this section, as increased and approved
by the controlling board.
(3) Additional funds may be created by the controlling board
to receive revenues not anticipated in an appropriations act for
the biennium in which such new revenues are received. Expenditures
Subject to division (D) of this section, expenditures from such
additional funds may be authorized by the controlling board, but
such authorization shall not extend beyond the end of the biennium
in which such funds are created.
(C) The controlling board shall not authorize more than ten
per cent of additional spending from the occupational licensing
and regulatory fund, created in section 4743.05 of the Revised
Code, in excess of any appropriation made by the general assembly
to a licensing agency except an appropriation for costs related to
the examination or reexamination of applicants for a license. As
used in this division, "licensing agency" and "license" have the
same meanings as in section 4745.01 of the Revised Code.
(D) The amount of any expenditure authorized under division
(A)(2) or (4) or (B)(2) or (3) of this section for a specific or
related purpose or item in any fiscal year shall not exceed an
amount greater than one per cent of the general revenue fund
appropriations for that fiscal year.
Section 2. That existing section 131.35 of the Revised Code
is hereby repealed.
|