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H. B. No. 140 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Murray, Yuko, Fedor, Foley, Goyal, Weddington, Pillich, Sykes, Ramos, Williams, Lundy, Antonio
A BILL
To amend section 105.41 and to enact section 101.61
of the Revised Code to require the President and
Minority Leader of the Senate and the Speaker and
Minority Leader of the House of Representatives to
determine the hours of operation for the Ohio
Statehouse and to establish policies for the
management of, and access to, the building.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 105.41 be amended and section 101.61
of the Revised Code be enacted to read as follows:
Sec. 101.61. The president and minority leader of the senate
and the speaker and minority leader of the house of
representatives shall jointly establish hours of operation for the
statehouse and policies for the management of, and access to, the
building. Those legislative leaders shall notify the capitol
square review and advisory board of the hours of operation and
management and access policies so adopted.
Sec. 105.41. (A) There is hereby created the capitol square
review and advisory board, consisting of thirteen members as
follows:
(1) Two members of the senate, appointed by the president of
the senate, both of whom shall not be members of the same
political party;
(2) Two members of the house of representatives, appointed by
the speaker of the house of representatives, both of whom shall
not be members of the same political party;
(3) Five members appointed by the governor, with the advice
and consent of the senate, not more than three of whom shall be
members of the same political party, one of whom shall be the
chief of staff of the governor's office, one of whom shall
represent the Ohio arts council, one of whom shall represent the
Ohio historical society, one of whom shall represent the Ohio
building authority, and one of whom shall represent the public at
large;
(4) One member, who shall be a former president of the
senate, appointed by the current president of the senate. If the
current president of the senate, in the current president's
discretion, decides for any reason not to make the appointment or
if no person is eligible or available to serve, the seat shall
remain vacant.
(5) One member, who shall be a former speaker of the house of
representatives, appointed by the current speaker of the house of
representatives. If the current speaker of the house of
representatives, in the current speaker's discretion, decides for
any reason not to make the appointment or if no person is eligible
or available to serve, the seat shall remain vacant.
(6) The clerk of the senate and the clerk of the house of
representatives.
(B) Terms of office of each appointed member of the board
shall be for three years, except that members of the general
assembly appointed to the board shall be members of the board only
so long as they are members of the general assembly and the chief
of staff of the governor's office shall be a member of the board
only so long as the appointing governor remains in office. 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. In
case of a vacancy occurring on the board, the president of the
senate, the speaker of the house of representatives, or the
governor, as the case may be, shall in the same manner prescribed
for the regular appointment to the commission, fill the vacancy by
appointing a member. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of the term. Any appointed member shall continue in
office subsequent to the expiration date of the member's term
until the member's successor takes office, or until a period of
sixty days has elapsed, whichever occurs first.
(C) The board shall hold meetings in a manner and at times
prescribed by the rules adopted by the board. A majority of the
board constitutes a quorum, and no action shall be taken by the
board unless approved by at least six members or by at least seven
members if a person is appointed under division (A)(4) or (5) of
this section. At its first meeting, the board shall adopt rules
for the conduct of its business and the election of its officers,
and shall organize by selecting a chairperson and other officers
as it considers necessary. Board members shall serve without
compensation but shall be reimbursed for actual and necessary
expenses incurred in the performance of their duties.
(D) The board may do any of the following:
(1) Employ or hire on a consulting basis professional,
technical, and clerical employees as are necessary for the
performance of its duties;
(2) Hold public hearings at times and places as determined by
the board;
(3) Adopt, amend, or rescind rules necessary to accomplish
the duties of the board as set forth in this section;
(4) Sponsor, conduct, and support such social events as the
board may authorize and consider appropriate for the employees of
the board, employees and members of the general assembly,
employees of persons under contract with the board or otherwise
engaged to perform services on the premises of capitol square, or
other persons as the board may consider appropriate. Subject to
the requirements of Chapter 4303. of the Revised Code, the board
may provide beer, wine, and intoxicating liquor, with or without
charge, for those events and may use funds only from the sale of
goods and services fund to purchase the beer, wine, and
intoxicating liquor the board provides;
(5) Purchase a warehouse in which to store items of the
capitol collection trust and, whenever necessary, equipment or
other property of the board.
(E) The board shall do all of the following:
(1) Have sole authority to coordinate and approve any
improvements, additions, and renovations that are made to the
capitol square. The improvements shall include, but not be limited
to, the placement of monuments and sculpture on the capitol
grounds.
(2) Subject to section sections 101.61 and 3353.07 of the
Revised Code, operate the capitol square, and have sole authority
to regulate all uses of the capitol square. The uses shall
include, but not be limited to, the casual and recreational use of
the capitol square.
(3) Employ, fix the compensation of, and prescribe the duties
of the executive director of the board and other employees the
board considers necessary for the performance of its powers and
duties;
(4) Establish and maintain the capitol collection trust. The
capitol collection trust shall consist of furniture, antiques, and
other items of personal property that the board shall store in
suitable facilities until they are ready to be displayed in the
capitol square.
(5) Perform repair, construction, contracting, purchasing,
maintenance, supervisory, and operating activities the board
determines are necessary for the operation and maintenance of the
capitol square;
(6) Maintain and preserve the capitol square, in accordance
with guidelines issued by the United States secretary of the
interior for application of the secretary's standards for
rehabilitation adopted in 36 C.F.R. part 67;
(7) Plan and develop a center at the capitol building for the
purpose of educating visitors about the history of Ohio, including
its political, economic, and social development and the design and
erection of the capitol building and its grounds.
(F)(1) The board shall lease capital facilities improved or
financed by the Ohio building authority pursuant to Chapter 152.
of the Revised Code for the use of the board, and may enter into
any other agreements with the authority ancillary to improvement,
financing, or leasing of those capital facilities, including, but
not limited to, any agreement required by the applicable bond
proceedings authorized by Chapter 152. of the Revised Code. Any
lease of capital facilities authorized by this section shall be
governed by division (D) of section 152.24 of the Revised Code.
(2) Fees, receipts, and revenues received by the board from
the state underground parking garage constitute available receipts
as defined in section 152.09 of the Revised Code, and may be
pledged to the payment of bond service charges on obligations
issued by the Ohio building authority pursuant to Chapter 152. of
the Revised Code to improve, finance, or purchase capital
facilities useful to the board. The authority may, with the
consent of the board, provide in the bond proceedings for a pledge
of all or a portion of those fees, receipts, and revenues as the
authority determines. The authority may provide in the bond
proceedings or by separate agreement with the board for the
transfer of those fees, receipts, and revenues to the appropriate
bond service fund or bond service reserve fund as required to pay
the bond service charges when due, and any such provision for the
transfer of those fees, receipts, and revenues shall be
controlling notwithstanding any other provision of law pertaining
to those fees, receipts, and revenues.
(3) All moneys received by the treasurer of state on account
of the board and required by the applicable bond proceedings or by
separate agreement with the board to be deposited, transferred, or
credited to the bond service fund or bond service reserve fund
established by the bond proceedings shall be transferred by the
treasurer of state to such fund, whether or not it is in the
custody of the treasurer of state, without necessity for further
appropriation, upon receipt of notice from the Ohio building
authority as prescribed in the bond proceedings.
(G) All fees, receipts, and revenues received by the board
from the state underground parking garage shall be deposited into
the state treasury to the credit of the underground parking garage
operating fund, which is hereby created, to be used for the
purposes specified in division (F) of this section and for the
operation and maintenance of the garage. All investment earnings
of the fund shall be credited to the fund.
(H) All donations received by the board shall be deposited
into the state treasury to the credit of the capitol square
renovation gift fund, which is hereby created. The fund shall be
used by the board as follows:
(1) To provide part or all of the funding related to
construction, goods, or services for the renovation of the capitol
square;
(2) To purchase art, antiques, and artifacts for display at
the capitol square;
(3) To award contracts or make grants to organizations for
educating the public regarding the historical background and
governmental functions of the capitol square. Chapters 125., 127.,
and 153. and section 3517.13 of the Revised Code do not apply to
purchases made exclusively from the fund, notwithstanding anything
to the contrary in those chapters or that section. All investment
earnings of the fund shall be credited to the fund.
(I) Except as provided in divisions (G), (H), and (J) of this
section, all fees, receipts, and revenues received by the board
shall be deposited into the state treasury to the credit of the
sale of goods and services fund, which is hereby created. Money
credited to the fund shall be used solely to pay costs of the
board other than those specified in divisions (F) and (G) of this
section. All investment earnings of the fund shall be credited to
the fund.
(J) There is hereby created in the state treasury the capitol
square improvement fund, to be used by the board to pay
construction, renovation, and other costs related to the capitol
square for which money is not otherwise available to the board.
Whenever the board determines that there is a need to incur those
costs and that the unencumbered, unobligated balance to the credit
of the underground parking garage operating fund exceeds the
amount needed for the purposes specified in division (F) of this
section and for the operation and maintenance of the garage, the
board may request the director of budget and management to
transfer from the underground parking garage operating fund to the
capitol square improvement fund the amount needed to pay such
construction, renovation, or other costs. The director then shall
transfer the amount needed from the excess balance of the
underground parking garage operating fund.
(K) As the operation and maintenance of the capitol square
constitute essential government functions of a public purpose, the
board shall not be required to pay taxes or assessments upon the
square, upon any property acquired or used by the board under this
section, or upon any income generated by the operation of the
square.
(L) As used in this section, "capitol square" means the
capitol building, senate building, capitol atrium, capitol
grounds, the state underground parking garage, and the warehouse
owned by the board.
(M) The capitol annex shall be known as the senate building.
Section 2. That existing section 105.41 of the Revised Code
is hereby repealed.
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