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H. B. No. 343 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Representatives Foley, Antonio, Gerberry, Pillich, Gentile, Fedor, Driehaus, Murray, Yuko
A BILL
To amend section 187.02; to amend, for the purpose of
adopting a new section number as indicated in
parentheses, section 3.11 (3.18); to enact new
section 3.11 and section 102.10 of the Revised
Code to establish a controlled substance testing
requirement for statewide elected officials,
members of the General Assembly, the Supreme
Court, the board of directors of JobsOhio, and
recipients of Troubled Asset Relief Program money
and to establish a process for recalling statewide
elected officials and members of the General
Assembly.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 187.02 be amended, section 3.11
(3.18) be amended for the purpose of adopting a new section number
as indicated in parentheses, that new section 3.11 and section
102.10 of the Revised Code be enacted to read as follows:
Sec. 3.11. (A) As used in this section, "statewide office"
means any of the offices of governor, lieutenant governor,
secretary of state, auditor of state, treasurer of state, or
attorney general.
(B) The holder of any statewide office may be removed from
office by the qualified voters of the state. Any member of the
general assembly may be removed from office by the qualified
voters of the member's district. The procedure to effect such a
removal shall be:
(1)(a) If the official whose removal is sought is the holder
of a statewide office, a petition signed by qualified electors
equal in number to at least fifteen per cent of the total votes
cast in the state for the office of governor at the most recent
election for that office, and demanding the election of a
successor to the person sought to be removed, shall be filed. If
the official whose removal is sought is the holder of an office
other than the office of secretary of state, the petition shall be
filed with the secretary of state. If the official whose removal
is sought is the secretary of state, the petition shall be filed
with the governor, and the governor shall fulfill all duties of
the secretary of state with regard to that petition.
(b) If the official whose removal is sought is a member of
the general assembly, a petition signed by qualified electors
equal in number to at least fifteen per cent of the total votes
cast in the respective district for the office of governor at the
most recent election for that office, and demanding the election
of a successor to the person sought to be removed, shall be filed
with the board of elections of the most populous county in the
district.
(2) A petition filed under this section shall contain a
general statement in not more than two hundred words of the
grounds upon which the removal of the official is sought. The form
and sufficiency of the petition shall be determined as provided in
the general election laws.
(3) If the petition is sufficient, and if the official whose
removal is sought does not resign within five days after the
sufficiency of the petition has been determined, the question of
removal of the official shall appear on the ballot at the next
general election or at a special election conducted on the day of
the next primary election, if the date of such election is fewer
than one hundred fifty days after the petition is filed. If the
date of the next succeeding general election or primary election
is one hundred fifty or more days after the petition is filed, a
special election shall be held to determine the question of the
removal of the official, and for the selection of a successor to
the official.
If the election is for the removal of the holder of a
statewide office, the secretary of state or, if applicable, the
governor, shall thereupon order and fix the day for the special
election. If the election is for the removal of a general assembly
member, the board of elections of the most populous county in the
member's district, after consultation with the board of elections
of each county with territory in the district, shall thereupon
order and fix the day for the special election. Such election
shall be held not less than thirty nor more than forty days from
the time of the finding of the sufficiency of such petition. The
election authorities shall publish notice and make all
arrangements for holding such election, which shall be conducted
and the result thereof returned and declared in all respects as
are the results of regular elections for the applicable office.
(4) The nomination of candidates to succeed the official who
is sought to be removed shall be made, without the intervention of
a primary election, by filing with the election authorities, at
least twenty days prior to the election, a nominating petition
that meets the requirements of section 3513.261 of the Revised
Code.
(5) The ballots at such a recall election shall, with respect
to the official whose removal is sought, submit the question:
"Shall (name of person) be removed from the office of (name of
office) by recall?"
Immediately following each such question, there shall be
printed on the ballots, the two propositions in the order set
forth:
"For the recall of (name of person)."
"Against the recall of (name of person)."
Immediately to the left of the proposition shall be placed a
square in which the electors may vote for either of such
propositions.
Under that question shall be placed the names of candidates
to fill the vacancy. The name of the official whose removal is
sought shall not appear on the ballot as a candidate to succeed
the member's self.
(6) In any such election, if a majority of the votes cast on
the question of removal are affirmative, the official whose
removal is sought is removed from office upon the announcement of
the official canvass of that election, and the candidate receiving
the plurality of the votes cast for candidates for that office
shall be declared elected. The successor of any person so removed
shall hold office during the unexpired term of the successor's
predecessor.
(C) No petition shall be filed under this section seeking the
removal of an official until the official has served for at least
ninety days of the term during which the official is sought to be
recalled. The method of removal provided in this section, is in
addition to such other methods as are provided by law. If, at any
such recall election, the incumbent whose removal is sought is not
recalled, the incumbent shall be repaid the incumbent's actual and
legitimate expenses for such election from the state treasury.
Sec. 3.11 3.18. No person shall hold at the same time by
appointment or election more than one of the following offices:
sheriff, county auditor, county treasurer, clerk of the court of
common pleas, county recorder, prosecuting attorney, and probate
judge.
Sec. 102.10. (A) As used in this section:
(1)(a) Except as provided in division (A)(1)(b) of this
section, "controlled substance test failure" means that an
individual is determined by a chemical test to have a
concentration of any of the controlled substances specified in
division (A)(1)(j) of section 4511.19 of the Revised Code, or
metabolites of such a controlled substance, in the individual's
urine that equals or exceeds any of the applicable levels
established in that division for urine.
(b) An individual shall not be determined to have a
controlled substance test failure if the individual obtained the
controlled substance pursuant to a prescription issued by a
licensed health professional authorized to prescribe drugs and the
individual injected, ingested, or inhaled the controlled substance
in accordance with the health professional's directions.
(2) "Licensed health professional authorized to prescribe
drugs" and "prescription" have the same meanings as in section
4729.01 of the Revised Code.
(3) "Statewide elected official" means any of the offices of
governor, lieutenant governor, secretary of state, auditor of
state, treasurer of state, or attorney general.
(4) "TARP recipient" means an officer, executive, or
corporate staff member of a financial institution that receives or
has received funding from the troubled asset relief program.
(B)(1) Before taking office or fulfilling an individual's
appointment and once every year thereafter, statewide elected
officials, members of the general assembly, justices of the
supreme court, and members of the board of directors of JobsOhio
shall be subject to a controlled substance test to determine
whether the official, member, justice, or director has a
controlled substance test failure. The costs of such testing shall
be paid by such official, member, justice, or director.
(2) Once every year TARP recipients shall be subject to a
controlled substance test to determine whether the recipient has a
controlled substance test failure. The costs of such testing shall
be paid by the recipient.
(C) To be considered valid, the controlled substance test
shall be performed according to rules adopted by the Ohio ethics
commission that shall provide for the test to be conducted in a
manner that assures a reasonable degree of dignity while
reasonably preventing substitution or contamination of any
specimen taken for the test. The rules shall also provide for a
manner in which the controlled substance test will be administered
before the individual takes office or fulfills the individual's
appointment, as applicable, and randomly, on a yearly basis.
(D) Refusal to submit to a controlled substance test as
authorized under this section is an admission that the official,
member, justice, director, or recipient has a controlled substance
test failure.
(E)(1) If a statewide elected official, member of the general
assembly, or justice of the supreme court is determined by a
controlled substance test conducted under this section to have a
controlled substance test failure, the Ohio ethics commission
shall refer the officer, member, or justice to an alcohol and drug
addiction program certified under section 3793.06 of the Revised
Code. Such an official, member, or justice may also be subject to
the following, if the criteria for such action otherwise applies:
impeachment under Sections 23 and 24 of Article II, Ohio
Constitution; removal under Section 17 of Article IV, Ohio
Constitution; removal under Section 38, Article II, Ohio
Constitution and sections 3.07 to 3.10 of the Revised Code; recall
under section 3.11 of the Revised Code; or any other sanction
authorized by law or rule covering the respective official,
member, or justice.
(2) If a member of the board of directors of JobsOhio is
determined by a controlled substance test conducted under this
section to have a controlled substance test failure, the member
shall be deemed to not fulfill the qualifications for the
appointment to the board under section 187.02 of the Revised Code
and shall be removed by the governor.
(3) If a TARP recipient is determined by a controlled
substance test conducted under this section to have a controlled
substance test failure, the Ohio ethics commission shall refer the
recipient to an alcohol and drug addiction program certified under
section 3793.06 of the Revised Code.
Sec. 187.02. (A) To qualify for appointment to the board of
directors of JobsOhio, an individual must satisfy all of the
following:
(1) Has an understanding of generally accepted accounting
principles and financial statements;
(2) Possesses the ability to assess the general application
of such principles in connection with the accounting for
estimates, accruals, and reserves;
(3) Has experience preparing, auditing, analyzing, or
evaluating financial statements that present a breadth and level
of complexity of accounting issues that are generally comparable
to the breadth and complexity of issues that can reasonably be
expected to be presented by the JobsOhio corporation's financial
statements, or experience actively supervising one or more persons
engaged in such activities;
(4) Has an understanding of internal controls and the
procedures for financial reporting;
(5) Has an understanding of audit committee functions;
(6) Fulfills the requirements for controlled substance tests
required by section 102.10 of the Revised Code.
(B) Specific experience demonstrating the qualifications
required by division (A) of this section may be evidenced by any
of the following:
(1) Education and experience as a principal financial
officer, principal accounting officer, controller, public
accountant or auditor, or experience in one or more positions that
involve the performance of similar functions;
(2) Experience actively supervising a principal financial
officer, principal accounting officer, controller, public
accountant, auditor, or person performing similar functions;
(3) Experience overseeing or assessing the performance of
companies or public accountants with respect to the preparation,
auditing, or evaluation of financial statements;
(4) Other experience considered relevant by the governor
consistent with division (A) of this section.
(C) Each individual appointed to the board of directors shall
be a citizen of the United States. At least six of the individuals
appointed to the board shall be residents of or domiciled in this
state.
Section 2. That existing sections 3.11 and 187.02 of the
Revised Code are hereby repealed.
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