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As Passed by the House 125Th General Assembly Regular Session

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As Passed by the House 125Th General Assembly Regular Session As Passed by the House 125th General Assembly Regular Session Am. Sub. S. B. No. 189 2003-2004 Senators Harris, Amstutz, Carey, Armbruster, Austria, Coughlin, DiDonato, Mallory, Spada, Wachtmann, Zurz, Padgett, Miller, Robert Gardner, Mumper Representatives Calvert, D. Evans, Flowers, Peterson A B I L L To amend sections 9.24, 102.02, 123.01, 123.10, 1 124.15, 124.152, 124.181, 124.183, 124.382, 2 126.32, 152.09, 175.21, 1503.05, 3311.059, 3 3327.01, 3334.01, 3383.09, 3701.881, 3712.09, 4 3734.02, 3734.18, 3734.57, 3769.021, 3769.087, 5 3770.07, 3781.19, 4701.03, 4707.05, 4723.431, 6 4758.20, 4758.40, 4758.41, 4758.42, 4758.55, 7 4758.56, 4758.57, 4758.58, 4758.59, 4758.61, 8 5101.27, 5110.35, 5111.022, 5111.87, 5119.18, 9 5123.352, 5731.47, 5731.48, and 6301.03 and to 10 repeal sections 152.101 and 901.85 of the Revised 11 Code and to amend Section 11.04 of Am. Sub. H.B. 12 87 of the 125th General Assembly, as subsequently 13 amended; to amend Sections 8.04, 12, 38.12, 41.06, 14 41.13, 55, 59, 59.29, 66, 89, 89.04, 89.05, 89.08, 15 89.11, and 145 of Am. Sub. H.B. 95 of the 125th 16 General Assembly; and to amend Section 41.33 of 17 Am. Sub. H.B. 95 of the 125th General Assembly to 18 make capital reappropriations for the biennium 19 ending June 30, 2006, to make certain supplemental 20 and capital appropriations, and to provide 21 authorization and conditions for the operation of 22 state programs. 23 Am. Sub. S. B. No. 189 Page 2 As Passed by the House BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 9.24, 102.02, 123.01, 123.10, 24 124.15, 124.152, 124.181, 124.183, 124.382, 126.32, 152.09, 25 175.21, 1503.05, 3311.059, 3327.01, 3334.01, 3383.09, 3701.881, 26 3712.09, 3734.02, 3734.18, 3734.57, 3769.021, 3769.087, 3770.07, 27 3781.19, 4701.03, 4707.05, 4723.431, 4758.20, 4758.40, 4758.41, 28 4758.42, 4758.55, 4758.56, 4758.57, 4758.58, 4758.59, 4758.61, 29 5101.27, 5110.35, 5111.022, 5111.87, 5119.18, 5123.352, 5731.47, 30 5731.48, and 6301.03 of the Revised Code be amended to read as 31 follows: 32 Sec. 9.24. (A) No Except as may be allowed under division (F) 33 of this section, no state agency and no political subdivision 34 shall award a contract as described in division (G)(1) of this 35 section for goods, services, or construction, paid for in whole or 36 in part with state funds, to a person against whom a finding for 37 recovery has been issued by the auditor of state on and after 38 January 1, 2001, if the finding for recovery is unresolved. 39 A contract is considered to be awarded when it is entered 40 into or executed, irrespective of whether the parties to the 41 contract have exchanged any money. 42 (B) For purposes of this section, a finding for recovery is 43 unresolved unless one of the following criteria applies: 44 (1) The money identified in the finding for recovery is paid 45 in full to the state agency or political subdivision to whom the 46 money was owed; 47 (2) The debtor has entered into a repayment plan that is 48 approved by the attorney general and the state agency or political 49 subdivision to whom the money identified in the finding for 50 Am. Sub. S. B. No. 189 Page 3 As Passed by the House recovery is owed. A repayment plan may include a provision 51 permitting a state agency or political subdivision to withhold 52 payment to a debtor for goods, services, or construction provided 53 to or for the state agency or political subdivision pursuant to a 54 contract that is entered into with the debtor after the date the 55 finding for recovery was issued. 56 (3) The attorney general waives a repayment plan described in 57 division (B)(2) of this section for good cause; 58 (4) The debtor and state agency or political subdivision to 59 whom the money identified in the finding for recovery is owed have 60 agreed to a payment plan established through an enforceable 61 settlement agreement. 62 (5) The state agency or political subdivision desiring to 63 enter into a contract with a debtor certifies, and the attorney 64 general concurs, that all of the following are true: 65 (a) Essential services the state agency or political 66 subdivision is seeking to obtain from the debtor cannot be 67 provided by any other person besides the debtor; 68 (b) Awarding a contract to the debtor for the essential 69 services described in division (B)(5)(a) of this section is in the 70 best interest of the state; 71 (c) Good faith efforts have been made to collect the money 72 identified in the finding of recovery. 73 (6) The debtor has commenced an action to contest the finding 74 for recovery and a final determination on the action has not yet 75 been reached. 76 (C) The attorney general shall submit an initial report to 77 the auditor of state, not later than December 1, 2003, indicating 78 the status of collection for all findings for recovery issued by 79 the auditor of state for calendar years 2001, 2002, and 2003. 80 Am. Sub. S. B. No. 189 Page 4 As Passed by the House Beginning on January 1, 2004, the attorney general shall submit to 81 the auditor of state, on the first day of every January, April, 82 July, and October, a list of all findings for recovery that have 83 been resolved in accordance with division (B) of this section 84 during the calendar quarter preceding the submission of the list 85 and a description of the means of resolution. The attorney general 86 shall notify the auditor of state when a judgment is issued 87 against an entity described in division (F)(1) of this section. 88 (D) The auditor of state shall maintain a database, 89 accessible to the public, listing persons against whom an 90 unresolved finding for recovery has been issued, and the amount of 91 the money identified in the unresolved finding for recovery. The 92 auditor of state shall have this database operational on or before 93 January 1, 2004. The initial database shall contain the 94 information required under this division for calendar years 2001, 95 2002, and 2003. 96 Beginning January 15, 2004, the auditor of state shall update 97 the database by the fifteenth day of every January, April, July, 98 and October to reflect resolved findings for recovery that are 99 reported to the auditor of state by the attorney general on the 100 first day of the same month pursuant to division (C) of this 101 section. 102 (E) Before awarding a contract as described in division 103 (G)(1) of this section for goods, services, or construction, paid 104 for in whole or in part with state funds, a state agency or 105 political subdivision shall verify that the person to whom the 106 state agency or political subdivision plans to award the contract 107 has no unresolved finding for recovery issued against the person. 108 A state agency or political subdivision shall verify that the 109 person does not appear in the database described in division (D) 110 of this section or shall obtain other proof that the person has no 111 unresolved finding for recovery issued against the person. 112 Am. Sub. S. B. No. 189 Page 5 As Passed by the House (F) The prohibition of division (A) of this section and the 113 requirement of division (E) of this section do not apply with 114 respect to the companies or agreements described in divisions 115 (F)(1) and (2) of this section, or in the circumstance described 116 in division (F)(3) of this section. 117 (1) A bonding company or a company authorized to transact the 118 business of insurance in this state, a self-insurance pool, joint 119 self-insurance pool, risk management program, or joint risk 120 management program, unless a court has entered a final judgment 121 against the company and the company has not yet satisfied the 122 final judgment. 123 (2) To medicaid provider agreements under Chapter 5111. of 124 the Revised Code or payments or provider agreements under 125 disability assistance medical assistance established under Chapter 126 5115. of the Revised Code. 127 (3) When federal law dictates that a specified entity provide 128 the goods, services, or construction for which a contract is being 129 awarded, regardless of whether that entity would otherwise be 130 prohibited from entering into the contract pursuant to this 131 section. 132 (G)(1) This section applies only to contracts for goods, 133 services, or construction that satisfy the criteria in either 134 division (G)(1)(a) or (b) of this division. This section may apply 135 to contracts for goods, services, or construction that satisfy the 136 criteria in division (G)(1)(c), provided that the contracts also 137 satisfy the criteria in either division (G)(1)(a) or (b) of this 138 division.
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