Bill Text: OH HB282 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Strong Partisan Bill (Republican 14-1)

Status: (Introduced - Dead) 2009-09-23 - To State Government [HB282 Detail]

Download: Ohio-2009-HB282-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 282

Representative Snitchler 

Cosponsors: Representatives Evans, Jordan, Boose, Sears, Adams, J., Morgan, Domenick, Combs, Oelslager, Derickson, Blair, Mecklenborg, Bacon, Stautberg 

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A BILL

To amend section 125.112; to amend, for the purpose

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of adopting a new section number as indicated in

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parentheses, section 125.112 (126.18); and to

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enact sections 126.181, 126.182, and 126.183 of

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the Revised Code to transfer the responsibility

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of maintaining a state awards web site from the

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Department of Administrative Services to the

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Office of Budget and Management, to alter and

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expand the information to be included on the web

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site, and to repeal the Attorney General's

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responsibility to monitor state award compliance.

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

Section 1.  That section 125.112 be amended, section 125.112	12
(126.18) be amended for the purpose of adopting a new section	13
number as indicated in parentheses, and sections 126.181,	14
126.182, and 126.183 of the Revised Code be enacted to read as	15
follows:	16

Sec. 125.112.        Sec. 126.18. (A) As used in this sectionsections	17
126.18 to 126.183 of the Revised Code:	18

(1)(A) "Agency" means a department created under section	19
121.02 of the Revised Codeany department, office, bureau, board,	20
division, commission, institution, college, or university	21
established by the laws of this state and the programs and	22
activities of those bodies. "Agency" includes the offices of the	23
governor, lieutenant governor, secretary of state, auditor of	24
state, treasurer of state, attorney general, and members of the	25
general assembly.	26

(2)(B)(1) "Entity" means, whetherthe following:

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(a) Whether for profit or nonprofit, a corporation,	28
association, partnership, limited liability company, sole	29
proprietorship, union, or other business entity. "Entity";	30

(b) Any county, township, municipal corporation, or other	31
local government body of this state.	32

(2) "Entity" does not include an individual who receives	33
state assistance that is not related to the individual's	34
business.	35

(3)(a)(C)(1) "State award" means a contract awarded by the	36
state costing over twenty-five thousand dollars.expenditures in	37
any of the following forms:	38

(a) Grants, subgrants, loans, awards, cooperative agreements,	39
or other similar form of financial assistance;	40

(b) Contracts, subcontracts, purchase orders, task orders,	41
delivery orders, or other similar type of transaction.	42

(b)(2) "State award" does not include compensation received	43
as an employee of the state or any state financial assistance and	44
expenditure received from the general assembly or any legislative	45
agency, any court or judicial agency, the secretary of state,	46
auditor of state, treasurer of state, or attorney general and	47
their respective offices.	48

(B) The department of administrative services shall establish	49
and maintain a single searchable web site, accessible by the	50
public at no cost, that includes all of the following information	51
for each state award:	52

(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	55
instrumentality of the state that is providing the award, and the	56
commodity code;	57

(4) Any other relevant information determined by the	58
department of administrative services.	59

(C) The department of administrative services may consult	60
with other state agencies in the development, establishment,	61
operation, and support of the web site required by division (B)	62
of this section. State awards shall be posted on the web site	63
within thirty days after being made. The department of	64
administrative services shall provide an opportunity for public	65
comment as to the utility of the web site required by division	66
(B) of this section and any suggested improvements.	67

(D) The web site required by division (B) of this section	68
shall be fully operational not later than one year after the	69
effective date of this section and shall include information on	70
state awards made in fiscal year 2008 and thereafter. It shall	71
also provide an electronic link to the daily journals of the	72
senate and house of representatives.	73

(E) The director of administrative services shall submit to	74
the general assembly an annual report regarding the	75
implementation of the web site established pursuant to division	76
(B) of this section. The report shall include data regarding the	77
usage of the web site and any public comments on the utility of	78
the site, including recommendations for improving data quality	79
and collection. The director shall post each report on the web	80
site.	81

(F) Each agency awarding a grant to an entity in fiscal year	82
2008 and thereafter shall establish and maintain a separate web	83
site listing the name of the entity receiving each grant, the	84
grant amount, information on each grant, and any other relevant	85
information determined by the department of administrative	86
services. Each agency shall provide the link to such a web site to	87
the department of administrative services within a reasonable time	88
after the effective date of this section and shall thereafter	89
update its web site within thirty days of awarding a new grant.	90
Not later than one year after the effective date of this section,	91
the department of administrative services shall establish and	92
maintain a separate web site, accessible to the public at no cost,	93
which contains the links to the agency web sites required by this	94
division.	95

(G) The attorney general shall monitor the compliance of an	96
entity with the terms and conditions, including performance	97
metrics, if any, of a state award for economic development	98
received by that entity. As necessary, the agency that makes and	99
administers the state award for economic development shall assist	100
the attorney general with that monitoring. The attorney general	101
shall submit to the general assembly pursuant to section 101.68	102
of the Revised Code an annual report regarding the level of	103
compliance of such entities with the terms and conditions,	104
including any performance metrics, of their state awards for	105
economic development. When the attorney general determines	106
appropriate and to the extent that an entity that receives or has	107
received a state award for economic development does not comply	108
with a performance metric that is specified in the terms and	109
conditions of the award, the attorney general shall pursue	110
against and from that entity such remedies and recoveries as are	111
available under law. For purposes of this division, "state award	112
for economic development" means state financial assistance and	113
expenditure in any of the following forms: grants, subgrants,	114
loans, awards, cooperative agreements, or other similar and	115
related forms of financial assistance and contracts,	116
subcontracts, purchase orders, task orders, delivery orders, or	117
other similar and related transactions. "State award for economic	118
development" does not include compensation received as an	119
employee of the state or any state financial assistance and	120
expenditure received from the general assembly or any legislative	121
agency, any court or judicial agency, the secretary of state,	122
auditor of state, treasurer of state, or attorney general and	123
their respective offices.	124

(H) Nothing in this section shall be construed as requiring	125
the disclosure of information that is not a public record under	126
section 149.43 of the Revised Code.	127

Sec. 126.181. (A) The office of budget and management shall	128
establish and maintain a single searchable web site, accessible	129
by the public at no cost, that includes all of the following	130
information for each state award:	131

(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, including the type of	134
transaction being funded, the purpose of the award, the funding	135
source of the award, and the agency that is providing the award;	136

(4) The location of the entity receiving the award, which	137
information shall include both the political subdivision of the	138
state and the state house of representatives and senate	139
districts;	140

(5) Reports submitted to the general assembly by the director	141
of the office of budget and management pursuant to section 126.183	142
of the Revised Code and documents from audits, as defined in	143
section 117.01 of the Revised Code, that relate to the award;	144

(6) Any other relevant information determined by the office.

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(B) The office may consult with other agencies in the	146
development, establishment, operation, and support of the web	147
site and shall provide guidance to other agencies to ensure	148
compliance with this section. State awards shall be posted on the	149
web site within thirty days after being made. The office shall	150
provide an opportunity for public comment as to the utility of	151
the web site and any suggested improvements.	152

(C) The web site shall be fully operational not later than	153
one year after the effective date of this section and shall	154
include information on state awards made in fiscal year 2009	155
and thereafter.	156

Sec. 126.182. Each agency that has a web site shall include	157
on its homepage a link to the web site required by section	158
126.181 of the Revised Code.	159

Sec. 126.183. The director of budget and management shall	160
submit to the general assembly an annual report regarding the	161
implementation of the web site required by section 126.181 of the	162
Revised Code. The report shall include data regarding the usage	163
of the web site and any public comments on the utility of the	164
site, including recommendations for improving data quality and	165
collection. The director shall post each report on the web site.	166

Section 2.  That existing section 125.112 of the Revised Code	167
is hereby repealed.	168