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.
|
Sub. S. B. No. 260 As Passed by the SenateAs Passed by the Senate
128th General Assembly | Regular Session | 2009-2010 |
| |
Cosponsors:
Senators Hughes, Cates, Grendell, Harris, Patton, Schaffer, Stewart
A BILL
To amend section 107.40 and to enact section 5503.031
of the Revised Code to ban the use of prison labor
at the Governor's residence and to provide that,
in general, no executive order and no policy,
rule, or practice may require prior approval,
control, or management of State Highway Patrol
Investigations by the Governor, Director of Public
Safety or other official of the Department, or
legal counsel.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 107.40 be amended and section
5503.031 of the Revised Code be enacted to read as follows:
Sec. 107.40. (A) There is hereby created the governor's
residence advisory commission. The commission shall provide for
the preservation, restoration, acquisition, and conservation of
all decorations, objects of art, chandeliers, china, silver,
statues, paintings, furnishings, accouterments, and other
aesthetic materials that have been acquired, donated, loaned, or
otherwise obtained by the state for the governor's residence and
that have been approved by the commission. In addition, the
commission shall provide for the maintenance of plants that have
been acquired, donated, loaned, or otherwise obtained by the state
for the governor's residence and that have been approved by the
commission.
(B) The commission shall be responsible for the care,
provision, repair, and placement of furnishings and other objects
and accessories of the grounds and public areas of the first story
of the governor's residence and for the care and placement of
plants on the grounds. The commission shall not exercise its
responsibility under this division by using prison labor. In
exercising this its responsibility under this division, the
commission shall preserve and seek to further establish all of the
following:
(1) The authentic ambiance and decor of the historic era
during which the governor's residence was constructed;
(2) The grounds as a representation of Ohio's natural
ecosystems;
(3) The heritage garden for all of the following purposes:
(a) To preserve, sustain, and encourage the use of native
flora throughout the state;
(b) To replicate the state's physiographic regions, plant
communities, and natural landscapes;
(c) To serve as an educational garden that demonstrates the
artistic, industrial, political, horticultural, and geologic
history of the state through the use of plants;
(d) To serve as a reservoir of rare species of plants from
the physiographic regions of the state.
These duties shall not affect the obligation of the
department of administrative services to provide for and adopt
policies and procedures regarding the use, general maintenance,
and operating expenses of the governor's residence. The department
shall not use prison labor in providing for the general
maintenance of the governor's residence.
(C) The commission shall consist of eleven members. One
member shall be the director of administrative services or the
director's designee, who shall serve during the director's term of
office and shall serve as chairperson. One member shall be the
director of the Ohio historical society or the director's
designee, who shall serve during the director's term of office and
shall serve as vice-chairperson. One member shall represent the
Columbus landmarks foundation. One member shall represent the
Bexley historical society. One member shall be the mayor of the
city of Bexley, who shall serve during the mayor's term of office.
One member shall be the chief executive officer of the Franklin
park conservatory joint recreation district, who shall serve
during the term of employment as chief executive officer. The
remaining five members shall be appointed by the governor with the
advice and consent of the senate. The five members appointed by
the governor shall be persons with knowledge of Ohio history,
architecture, decorative arts, or historic preservation, and one
of those members shall have knowledge of landscape architecture,
garden design, horticulture, and plants native to this state.
(D) Of the initial appointees, the representative of the
Columbus landmarks foundation shall serve for a term expiring
December 31, 1996, and the representative of the Bexley historical
society shall serve for a term expiring December 31, 1997. Of the
five members appointed by the governor, three shall serve for
terms ending December 31, 1998, and two shall serve for terms
ending December 31, 1999. Thereafter, each term shall be for four
years, commencing on the first day of January and ending on the
last day of December. The member having knowledge of landscape
architecture, garden design, horticulture, and plants native to
this state initially shall be appointed upon the first vacancy on
the commission occurring on or after June 30, 2006.
Each member shall hold office from the date of the member's
appointment until the end of the term for which the member was
appointed. Any member appointed to fill a vacancy occurring prior
to the end of the term for which the member's predecessor was
appointed shall hold office for the remainder of the term. Any
member shall continue in office subsequent to the expiration of
the term until the member's successor takes office.
(E) Six members of the commission constitute a quorum, and
the affirmative vote of six members is required for approval of
any action by the commission.
(F) After each initial member of the commission has been
appointed, the commission shall meet and select one member as
secretary and another as treasurer. Organizational meetings of the
commission shall be held at the time and place designated by call
of the chairperson. Meetings of the commission may be held
anywhere in the state and shall be in compliance with Chapters
121. and 149. of the Revised Code. The commission may adopt,
pursuant to section 111.15 of the Revised Code, rules necessary to
carry out the purposes of this section.
(G) Members of the commission shall serve without
remuneration, but shall be compensated for actual and necessary
expenses incurred in the performance of their official duties.
(H) All expenses incurred in carrying out this section are
payable solely from money accrued under this section or
appropriated for these purposes by the general assembly, and the
commission shall incur no liability or obligation beyond such
money.
(I) Except as otherwise provided in this division, the
commission may accept any payment for the use of the governor's
residence or may accept any donation, gift, bequest, or devise for
the governor's residence or as an endowment for the maintenance
and care of the garden on the grounds of the governor's residence
in furtherance of its duties. The commission shall not accept any
donation, gift, bequest, or devise from a person, individual, or
member of an individual's immediate family if the person or
individual is receiving payments under a contract with the state
or a state agency for the purchase of supplies, services, or
equipment or for the construction, reconstruction, improvement,
enlargement, alteration, repair, painting, or decoration of a
public improvement, except for payments received under an
employment contract or a collective bargaining agreement. Any
revenue received by the commission shall be deposited into the
governor's residence fund, which is hereby established in the
state treasury, for use by the commission in accordance with the
performance of its duties. All investment earnings of the fund
shall be credited to the fund. Title to all property acquired by
the commission shall be taken in the name of the state and shall
be held for the use and benefit of the commission.
(J) Nothing in this section limits the ability of a person or
other entity to purchase decorations, objects of art, chandeliers,
china, silver, statues, paintings, furnishings, accouterments,
plants, or other aesthetic materials for placement in the
governor's residence or on the grounds of the governor's residence
or donation to the commission. No such object or plant, however,
shall be placed on the grounds or public areas of the first story
of the governor's residence without the consent of the commission.
(K) The heritage garden established under this section shall
be officially known as "the heritage garden at the Ohio governor's
residence."
(L) As used in this section, "heritage garden" means the
botanical garden of native plants established at the governor's
residence.
Sec. 5503.031. (A) On and after the effective date of this
section, subject to division (B) of this section, no executive
order, no policy or practice of the office of the governor, and no
policy, rule, or practice of the department of public safety may
do any of the following:
(1) Require that the state highway patrol, or the
superintendent or any trooper of the patrol, obtain approval of
the governor, the director or another official of the department
of public safety, or legal counsel for any of those officials in
order for the patrol or its troopers to commence or continue any
criminal or administrative investigation that pertains to the
enforcement of any laws in relation to which section 5503.02,
5503.07, or 5503.34 of the Revised Code or any other provision of
law that grants the patrol, the superintendent, or troopers
enforcement, investigative, or other law enforcement duties or
authority;
(2) Authorize the governor, the director or another official
of the department of public safety, or legal counsel for any of
those officials to direct, control, or manage an investigation by
the state highway patrol, or the superintendent or troopers of the
patrol, of a type referred to in division (A)(1) of this section
or any aspect of any such investigation;
(3) Restrict the state highway patrol, or the superintendent
or any trooper of the patrol, from conferring with the attorney
general or an appropriate prosecuting authority regarding the
enforcement of any laws referred to in division (A)(1) of this
section or regarding an investigation of a type referred to in
that division;
(4) Require that the state highway patrol, or the
superintendent or any trooper of the patrol, obtain approval of
the governor, the director or another official of the department
of public safety, or legal counsel for any of those officials in
order to refer any matter to an appropriate prosecuting authority.
(B)(1) Divisions (A)(1) and (2) of this section do not apply
to an investigation of a type described in that division if any
matter that is the subject of the investigation or to which the
investigation relates is within the jurisdiction or authority of
the division of homeland security and one of the following
applies:
(a) As to the application of division (A)(1) of this section,
the official from whom approval to commence or continue the
investigation must be obtained is the director of public safety or
the executive director of the division.
(b) As to the application of division (A)(2) of this section,
the official who is authorized to direct, control, or manage the
investigation is the director of public safety or the executive
director of the division.
(2) Division (A)(3) of this section does not apply to the
enforcement of any laws referred to in division (A)(1) of this
section or an investigation of a type referred to in that division
if any matter that is the basis for the enforcement of the laws or
that is the subject of the investigation or to which the
investigation relates is within the jurisdiction or authority of
the division of homeland security and the restriction requires
approval of the director of public safety or the executive
director of the division before conferring with the attorney
general or any prosecuting authority.
(3) Division (A)(4) of this section does not apply to the
referral of any matter to a prosecuting authority if the matter is
within the jurisdiction or authority of the division of homeland
security and the official from whom approval to refer the matter
must be obtained is the director of public safety or the executive
director of the division.
(C)(1) On and after the effective date of this section, no
provision of an executive order, policy, rule, or practice that
imposes a requirement, authorization, or restriction in violation
of division (A) of this section is enforceable.
(2) Division (C)(1) of this section applies to all executive
orders, policies, rules, and practices of the type described in
that division, regardless of whether the executive order, policy,
rule, or practice was issued, prescribed, or adopted prior to, on,
or after the effective date of this section.
(D) As used in this section:
(1) "Another official of the department of public safety"
does not include the superintendent or any trooper of the state
highway patrol.
(2) "Division of homeland security" means the division of
homeland security of the department of public safety.
(3) "Policy, rule, or practice of the department of public
safety" includes any policy, rule, or practice of the department
issued, prescribed, or adopted pursuant to section 5502.011 of the
Revised Code or pursuant to any other provision of law.
Section 2. That existing section 107.40 of the Revised Code
is hereby repealed.
|
|