Bill Text: OH HB273 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To require the Department of Development to report economic development award information to the General Assembly and the public and to remove the responsibility of the Attorney General to publish economic development award reports.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2011-06-21 - To Economic & Small Business Development [HB273 Detail]

Download: Ohio-2011-HB273-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 273

Representatives Henne, Hagan, C. 

Cosponsors: Representatives Grossman, Carey, Huffman, Gonzales, Adams, J., Combs, Slaby, Stebelton 

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A BILL

To amend sections 122.013, 122.94, and 125.112 of the

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Revised Code to require the Department of

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Development to report economic development award

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information to the General Assembly and the public

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and to remove the responsibility of the Attorney

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General to publish economic development award

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reports.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 122.013, 122.94, and 125.112 of the	8
Revised Code be amended to read as follows:	9

Sec. 122.013.  The department of development shall post the	10
following on the official internet site of the department:	11

(A) Annual reports of the progress and status of eligible	12
projects made as required under division (E) of section 122.0814	13
of the Revised Code;	14

(B) The annual report made by the director of development	15
under section 122.0817 of the Revised Code;	16

(C) Reports made by the third frontier commission under	17
section 184.15 of the Revised Code;	18

(D) Information on all support awarded under section 184.11	19
of the Revised Code.	20

(E) Information on all state awards for economic development,	21
including reports regarding the level of compliance of recipients	22
of state awards for economic development with the terms and	23
conditions, including any performance metrics, of their state	24
awards for economic development. For the purposes of this section,	25
"state award for economic development" means state financial	26
assistance and expenditure in any of the following forms: grants,	27
subgrants, loans, awards, cooperative agreements, or other similar	28
and related forms of financial assistance and contracts,	29
subcontracts, purchase orders, task orders, delivery orders, or	30
other similar and related transactions. "State award for economic	31
development" does not include compensation received as an employee	32
of the state or any state financial assistance and expenditure	33
received from the general assembly or any legislative agency, any	34
court or judicial agency, the secretary of state, auditor of	35
state, treasurer of state, or attorney general and their	36
respective offices.	37

(F) A searchable database that makes available for download	38
by the public any report submitted by a recipient of a state award	39
for economic development or any award agreement between a	40
recipient and the department that has been received by the	41
department on or after the effective date of this amendment.	42
Before posting a report or agreement under this section on its web	43
site, the department shall redact or omit all references to trade	44
secrets or confidential information protected under another	45
section of the Revised Code. For the purposes of this section,	46
"trade secret" has the same meaning as in section 1333.61 of the	47
Revised Code.	48

Sec. 122.94.  The director of the department of development	49
shall:	50

(A) Promulgate rules in accordance with Chapter 119. of the	51
Revised Code for the conduct of the minority business development	52
division's business and for carrying out the purposes of sections	53
122.92 to 122.94 of the Revised Code;	54

(B) Prepare an annual report to the governor and the general	55
assembly on or before the first day of February of its activities	56
for the preceding calendar year. In addition to the submissions	57
required by section 101.68 of the Revised Code, the director shall	58
submit copies of the annual report to the chairmenchairpersons of	59
the standing committees of the senate and house of representatives	60
having jurisdiction over individuals, small businesses, and small	61
organizations, as those terms are defined in section 121.24 of the	62
Revised Code. The report shall include information on all state	63
awards for economic development, including a report regarding the	64
level of compliance of recipients of state awards for economic	65
development with the terms and conditions, including any	66
performance metrics, of their state awards for economic	67
development. For the purposes of this section, "state award for	68
economic development" has the same meaning as in section 122.013	69
of the Revised Code.	70

Sec. 125.112.  (A) As used in this section:

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(1) "Agency" means a department created under section 121.02	72
of the Revised Code.	73

(2) "Entity" means, whether for profit or nonprofit, a	74
corporation, association, partnership, limited liability company,	75
sole proprietorship, or other business entity. "Entity" does not	76
include an individual who receives state assistance that is not	77
related to the individual's business.	78

(3)(a) "State award" means a contract awarded by the state	79
costing over twenty-five thousand dollars.	80

(b) "State award" does not include compensation received as	81
an employee of the state or any state financial assistance and	82
expenditure received from the general assembly or any legislative	83
agency, any court or judicial agency, the secretary of state,	84
auditor of state, treasurer of state, or attorney general and	85
their respective offices.	86

(B) The department of administrative services shall establish	87
and maintain a single searchable web site, accessible by the	88
public at no cost, that includes all of the following information	89
for each state award:	90

(1) The name of the entity receiving the award;

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(2) The amount of the award;

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(3) Information on the award, the agency or other	93
instrumentality of the state that is providing the award, and the	94
commodity code;	95

(4) Any other relevant information determined by the	96
department of administrative services.	97

(C) The department of administrative services may consult	98
with other state agencies in the development, establishment,	99
operation, and support of the web site required by division (B) of	100
this section. State awards shall be posted on the web site within	101
thirty days after being made. The department of administrative	102
services shall provide an opportunity for public comment as to the	103
utility of the web site required by division (B) of this section	104
and any suggested improvements.	105

(D) The web site required by division (B) of this section	106
shall be fully operational not later than one year after the	107
effective date of this sectionDecember 30, 2008, and shall	108
include information on state awards made in fiscal year 2008 and	109
thereafter. It shall also provide an electronic link to the daily	110
journals of the senate and house of representatives.	111

(E) The director of administrative services shall submit to	112
the general assembly an annual report regarding the implementation	113
of the web site established pursuant to division (B) of this	114
section. The report shall include data regarding the usage of the	115
web site and any public comments on the utility of the site,	116
including recommendations for improving data quality and	117
collection. The director shall post each report on the web site.	118

(F) Each agency awarding a grant to an entity in fiscal year	119
2008 and thereafter shall establish and maintain a separate web	120
site listing the name of the entity receiving each grant, the	121
grant amount, information on each grant, and any other relevant	122
information determined by the department of administrative	123
services. Each agency shall provide the link to such a web site to	124
the department of administrative services within a reasonable time	125
after the effective date of this sectionDecember 30, 2008, and	126
shall thereafter update its web site within thirty days of	127
awarding a new grant. Not later than one year after the effective	128
date of this sectionDecember 30, 2008, the department of	129
administrative services shall establish and maintain a separate	130
web site, accessible to the public at no cost, which contains the	131
links to the agency web sites required by this division.	132

(G) The attorney general shall monitor the compliance of an	133
entity with the terms and conditions, including performance	134
metrics, if any, of a state award for economic development	135
received by that entity. As necessary, the agency that makes and	136
administers the state award for economic development shall assist	137
the attorney general with that monitoring. The attorney general	138
shall submit to the general assembly pursuant to section 101.68 of	139
the Revised Code an annual report regarding the level of	140
compliance of such entities with the terms and conditions,	141
including any performance metrics, of their state awards for	142
economic development. When the attorney general determines	143
appropriate and to the extent that an entity that receives or has	144
received a state award for economic development does not comply	145
with a performance metric that is specified in the terms and	146
conditions of the award, the attorney general shall pursue against	147
and from that entity such remedies and recoveries as are available	148
under law. For purposes of this division, "state award for	149
economic development" means state financial assistance and	150
expenditure in any of the following forms: grants, subgrants,	151
loans, awards, cooperative agreements, or other similar and	152
related forms of financial assistance and contracts, subcontracts,	153
purchase orders, task orders, delivery orders, or other similar	154
and related transactions. "State award for economic development"	155
does not include compensation received as an employee of the state	156
or any state financial assistance and expenditure received from	157
the general assembly or any legislative agency, any court or	158
judicial agency, the secretary of state, auditor of state,	159
treasurer of state, or attorney general and their respective	160
offices.	161

(H) Nothing in this section shall be construed as requiring	162
the disclosure of information that is not a public record under	163
section 149.43 of the Revised Code.	164

Section 2. That existing sections 122.013, 122.94, and	165
125.112 of the Revised Code are hereby repealed.	166