|
(2) Upon the governor's provision of the notice described in | 34 |
| division (C)(1) of this section, a state facilities closure | 35 |
| commission shall be created as described in division (D) of this | 36 |
| section regarding the target state agency. Not later than seven | 37 |
| days after the governor provides that notice, the officials with | 38 |
| the duties to appoint members of the commission for the target | 39 |
| state agency, as described in division (D) of this section, shall | 40 |
| appoint the specified members of the commission, and, as soon as | 41 |
| possible after the appointments, the commission shall meet for the | 42 |
| purposes described in that division. Not later than thirty days | 43 |
| after the governor provides the notice described in division | 44 |
| (C)(1) of this section, the state facilities closure commission | 45 |
| shall provide to the general assembly, the governor, and the | 46 |
| target state agency a report that contains the commission's | 47 |
| recommendation as to the state institutional facility or | 48 |
| facilities of the target state agency that the governor may close. | 49 |
| The anticipated savings to be obtained by the commission's | 50 |
| recommendation shall be approximately the same as the anticipated | 51 |
| savings the governor specified in the governor's notice provided | 52 |
| under division (C)(1) of this section, and, if the recommendation | 53 |
| identifies more than one facility, it shall list them in order of | 54 |
| the commission's preference for closure. A state facilities | 55 |
| closure commission created for a particular target state agency | 56 |
| shall make a report only regarding that target state agency and | 57 |
| shall include no recommendations regarding any other state agency | 58 |
| or department in its report. | 59 |
| (3) Upon receipt of the report of the state facilities | 60 |
| closure commission under division (C)(2) of this section for a | 61 |
| target state agency, if the governor still believes that necessary | 62 |
| expenditure reductions and budget cuts cannot be made without | 63 |
| closing one or more state institutional facilities, the governor | 64 |
| may close state institutional facilities of the target state | 65 |
| agency that are identified in the commission's recommendation | 66 |
| contained in the report. Except as otherwise provided in this | 67 |
| division, the governor shall not close any state institutional | 68 |
| facility of the target state agency that is not listed in the | 69 |
| commission's recommendation, and shall not close multiple | 70 |
| institutions in any order other than the order of the commission's | 71 |
| preference as specified in the recommendation. The governor is not | 72 |
| required to follow the recommendation of the commission in closing | 73 |
| an institutional facility if the governor determines that a | 74 |
| significant change in circumstances make the recommendation | 75 |
| unworkable. | 76 |
| (D) A state facilities closure commission shall be created at | 77 |
| the time and in the manner specified in division (C)(2) of this | 78 |
| section. If more than one state agency or department is a target | 79 |
| state agency, a separate state facilities closure commission shall | 80 |
| be created for each such target state agency. Each commission | 81 |
| consists of eleven members. Three members shall be members of the | 82 |
| house of representatives appointed by the speaker of the house of | 83 |
| representatives, none of the members so appointed may have a state | 84 |
| institutional facility of the target state agency in the member's | 85 |
| district, two of the members so appointed shall be members of the | 86 |
| majority political party in the house of representatives, and one | 87 |
| of the members so appointed shall not be a member of the majority | 88 |
| political party in the house of representatives. Three members | 89 |
| shall be members of the senate appointed by the president of the | 90 |
| senate, none of the members so appointed may have a state | 91 |
| institutional facility of the target state agency in the member's | 92 |
| district, two of the members so appointed shall be members of the | 93 |
| majority political party in the senate, and one of the members so | 94 |
| appointed shall not be a member of the majority political party in | 95 |
| the senate. One member shall be the director of budget and | 96 |
| management. One member shall be the director, or other agency | 97 |
| head, of the target state agency. Two members shall be private | 98 |
| executives with expertise in facility utilization, with one of | 99 |
| these members appointed by the speaker of the house of | 100 |
| representatives and the other appointed by the president of the | 101 |
| senate, and neither of the members so appointed may have a state | 102 |
| institutional facility of the target state agency in the county in | 103 |
| which the member resides. One member shall be a representative of | 104 |
| the Ohio civil service employees' association or other | 105 |
| representative association of the employees of the target state | 106 |
| agency, appointed by the speaker of the house of representatives. | 107 |
| The officials with the duties to appoint members of the commission | 108 |
| shall make the appointments, and the commission shall meet, within | 109 |
| the time periods specified in division (C)(2) of this section. The | 110 |
| members of the commission shall serve without compensation. At the | 111 |
| commission's first meeting, the members shall organize, and | 112 |
| appoint a chairperson and vice-chairperson. | 113 |
|
The
commission shall meet as often as necessary to make its | 134 |
| determination, may take testimony and consider all relevant | 135 |
| information, and shall prepare and provide in accordance with | 136 |
| division (C)(2) of this section a report containing its | 137 |
| recommendations. Upon providing the report regarding the target | 138 |
| state agency, the commission shall cease to exist, provided that | 139 |
| another commission shall be created for the same state agency if | 140 |
| the agency is made a target state agency in another report | 141 |
| provided under division (C)(1) of this section and provided that | 142 |
| another commission shall be created for a different state agency | 143 |
| if that other agency is made a target state agency in a report | 144 |
| provided under that division.
| 145 |
| Sec. 107.32. Notwithstanding any other provision of law, if | 146 |
| the closure of the particular facility is authorized under section | 147 |
| 107.31 of the Revised Code, the governor may terminate any | 148 |
| contract entered into under section 9.06 of the Revised Code for | 149 |
| the private operation and management of any correctional facility | 150 |
| under the control of the department of rehabilitation and | 151 |
| correction, including, but not limited to the initial intensive | 152 |
| program prison established pursuant to section 5120.033 of the | 153 |
| Revised Code as it existed prior to the effective date of this | 154 |
| section, and terminate the operation of, and close that facility. | 155 |
| If the governor terminates a contract for the private operation | 156 |
| and management of a facility, and terminates the operation of, and | 157 |
| closes, the facility as described in this section, inmates in the | 158 |
| facility shall be transferred to another correctional facility | 159 |
| under the control of the department. If the initial intensive | 160 |
| program prison is closed, divisions (G)(2)(a) and (b) of section | 161 |
| 2929.13 of the Revised Code have no effect while the facility is | 162 |
| closed. | 163 |