H.B. 25
128th General Assembly
(As Introduced)
Reps. J. Adams, R. Adams, Amstutz, Balderson, Batchelder, Blessing, Blair, Boose, Bubp, Burke, Combs, Daniels, Derickson, Evans, Goodwin, Grossman, Hackett, Hall, Hite, Huffman, Jordan, Lehner, Maag, Martin, McClain, Mecklenborg, Morgan, Ruhl, Snitchler, Sears, Stautberg, Stebelton, Uecker, Wagner, Wachtmann, Zehringer
BILL SUMMARY
· Restructures the current cabinet departmental mix by consolidating departmental functions into departments comprised of functional divisions.
· Makes the Department of Education a cabinet department.
· Anticipates the enactment of supplemental legislation to complete the departmental restructuring, which the bill establishes a foundation for.
TABLE OF CONTENTS
Current cabinet departmental mix
Restructured cabinet departmental mix
Division of Primary and Secondary Education
Division of Higher Education for Four-Year Colleges and Universities
Division of Higher Education for Two-Year Colleges
Division of Education Technology
Division of Cultural Resources
Division of Uniformed Services
Division of Public Safety Services
Division of Homeland Security and Emergency Management
Division of Grants and Disbursements
Division of Prevention and Enforcement
Division of Health and Well-Being
Division of Community Care Support Services
Division of Medical Professional and State Healthcare System Regulation
Department of Transportation and Infrastructure
Division of System Maintenance
Division of System Design and Construction
Division of Public Transportation
Division of Infrastructure Financing and Revenue Distribution
Department of Finance and Operations
Facilities and Maintenance Division
Information Technology Division
Division of Financial Operations
Division of Revenue Administration
Department of Human Resource Development
Rehabilitation Services Division
Children and Family Services Division
Department of Community and Institutional Rehabilitation
Division of Corrections Officer Administration
Division of Correctional Support Services
Division of Correctional Facilities Maintenance
Division of Parole and Community Services
Division of Financial Institutions and Securities Coordination
Division of Building and Real Estate Coordination
Department of Resource Protection
Resource Quality Assurance Division
Division of Grants and Disbursements
Elimination of existing internal departmental structures
Performance audits of cabinet departments
CONTENT AND OPERATION
There currently are 20 cabinet departments. These departments are summarized in the following table. The left-hand column identifies the cabinet departments, some of which have names that do not actually use the word "department." The middle column identifies the head officer of each cabinet department. The right-hand column identifies where each cabinet department is created in the statutes.
|
Current entity |
Head official |
Citation |
|
(1) Office of Budget and Management |
Director of Budget and Management |
R.C. 121.02(A) |
|
(2) Department of Commerce |
Director of Commerce |
R.C. 121.02(B) |
|
(3) Department of Administrative Services |
Director of Administrative Services |
R.C. 121.02(C) |
|
(4) Department of Transportation |
Director of Transportation |
R.C. 121.02(D) |
|
(5) Department of Agriculture |
Director of Agriculture |
R.C. 121.02(E) |
|
(6) Department of Natural Resources |
Director of Natural Resources |
R.C. 121.02(F) |
|
(7) Department of Health |
Director of Health |
R.C. 121.02(G) |
|
(8) Department of Job and Family Services |
Director of Job and Family Services |
R.C. 121.02(H) |
|
(9) Department of Public Safety |
Director of Public Safety |
R.C. 121.02(J) |
|
(10) Department of Mental Health |
Director of Mental Health |
R.C. 121.02(K) |
|
(11) Department of Mental Retardation and Developmental Disabilities |
Director of Mental Retardation and Developmental Disabilities |
R.C. 121.02(L) |
|
(12) Department of Insurance |
Superintendent of Insurance |
R.C. 121.02(M) |
|
(13) Department of Development |
Director of Development |
R.C. 121.02(N) |
|
(14) Department of Youth Services |
Director of Youth Services |
R.C. 121.02(O) |
|
(15) Department of Rehabilitation and Correction |
Director of Rehabilitation and Correction |
R.C. 121.02(P) |
|
(16) Environmental Protection Agency |
Director of Environmental Protection |
R.C. 121.02(Q) |
|
(17) Department of Aging |
Director of Aging |
R.C. 121.02(R) |
|
(18) Department of Alcohol and Drug Addiction Services |
Director of Alcohol and Drug Addiction Services |
R.C. 121.02(S) |
|
(19) Department of Taxation |
Tax Commissioner |
R.C. 5703.01 (not in the bill) |
|
(20) Department of Veterans Services |
Director of Veterans Services |
R.C. 120.02(T) |
The bill restructures the cabinet departments identified in the preceding table and adds the Department of Education into the restructured cabinet departmental mix. Only the Department of Veterans Services is unaffected by the restructuring. Each restructured cabinet department will be headed by an executive director.[1] As was the case with the predecessor head officers, the executive directors will be appointed by the Governor with the advice and consent of the Senate, will hold office during the term of the appointing Governor, and will be subject to removal at the Governor's pleasure.[2] (R.C. 121.02 and 121.03.) The restructured departmental mix, which consists of ten cabinet-level departments and the cabinet-level Department of Veterans Affairs, is described in the following paragraphs.[3]
The Department of Education will consist of the following six divisions, with each headed by the chief of that division (R.C. 124.04(A)):
The Division of Primary and Secondary Education will be responsible for all of the following (R.C. 124.04(A)):
· Curriculum and assessment.
· Teacher development, and student, family, and community programs.
· Nonpublic and alternative schools.
· Policy and accountability.
· Coordination of lifelong learning.
The Division of Higher Education for Four-Year Colleges and Universities will be responsible for all of the following (R.C. 124.04(B)):
· Curriculum and assessment.
· Professor development, and student, family, and community programs.
· Policy and higher education development.
· Investigations and school compliance.
· The Higher Education-Ohio Business Compact as it relates to four-year colleges and universities.
The Division of Higher Education for Two-Year Colleges will be responsible for all of the following (R.C. 121.04(C)):
· Curriculum and assessment.
· Professor development, and student, family, and community programs.
· Policy and higher education development.
· Investigations and school compliance.
· The Higher Education-Ohio Business Compact as it relates to two-year colleges.
· Adult education.
The Division of Education Finance will be responsible for all of the following (R.C. 121.04(D)):
· Public school and higher education finance and fiscal planning.
· Student financial assistance programs.
· The Ohio Tuition Trust Authority.
· Federal programs and grant management.
The Division of Education Technology will be responsible for all of the following (R.C. 121.04(E)):
· Educational telecommunications programming and facility management.
· Network operations.
· Technology applications.
The Division of Cultural Resources will be responsible for all of the following (R.C. 121.04(F)):
· The State Library of Ohio and the archives of the Ohio Historical Society.
· The State Historic Preservation Office.
· Historical site and facility maintenance.
· Arts programs and grants.
The Department of Public Safety will consist of the following five divisions, with each headed by the chief of that division (R.C. 121.041):
The Division of Uniformed Services will be responsible for all of the following (R.C. 121.041(A)):
· The State Highway Patrol.
· The Office of the State Fire Marshal.
· Executive security.
· Training programs for the uniformed services.
· The Multi-Agency Radio Communications System.
· Hazardous materials programs.
The Division of Public Safety Services will be responsible for all of the following (R.C. 121.041(B)):
· The Bureau of Motor Vehicles.
· Certification and continuing education of emergency medical service professionals.
· Fire and liquor control research laboratories.
· Crash repair investigation.
· Criminal justice services.
· Youth safety programs.
· The Ohio Emergency Management Agency.
· Security guard and private investigator licensing.
· Policy and technology.
The Division of Homeland Security and Emergency Management will be responsible for all of the following (R.C. 121.041(C)):
· The Ohio National Guard.
· Homeland security.
· Capitol Square and other building security.
· Aircraft security.
· Disaster response planning.
· First responder oversight and protection.
· Terrorist awareness and prevention.
· Family and innovative readiness training.
· Agriculture resource and public water protection.
The Division of Grants and Disbursements will be responsible for both of the following (R.C. 121.041(D)):
· Homeland security and criminal justice services grant management.
· Administration of all safety-related disbursements.
The Division of Prevention and Enforcement will be responsible for all of the following (R.C. 121.041(E)):
· Enforcement and investigation of violations of liquor control, tobacco, insurance, and food stamp fraud laws.
· A vice unit.
· Criminal activity prevention.
· Drug force task management.
The Department of Public Health will consist of the following four divisions, with each headed by the chief of that division (R.C. 121.042):
The Division of Health and Well-Being will be responsible for all of the following (R.C. 121.042(A)):
· Family and community health services and programs.
· Disease prevention.
· State employee health services.
· Minority health affairs.
· Alcohol and drug addiction treatment and rehabilitation services.
· Addiction prevention and intervention services.
· State-operated hospital services.
· Mental health inpatient services.
· Health support services.
· Health policy and accountability.
The Division of Community Care Support Services will be responsible for all of the following (R.C. 121.042(B)):
· Local mental health and mental retardation and developmental disabilities programs.
· Support for mental retardation and developmental disabilities developmental centers.
· Elder community care, including PASSPORT.
The Division of Medicaid Services will be responsible for all of the following (R.C. 121.042(C)):
· Medicaid disbursements.
· Medicaid provider services.
· Medicaid revenue administration.
· Medicaid fraud, waste, and abuse prevention.
· Federal-state matching.
The Division of Medical Professional and State Healthcare System Regulation will be responsible for certification, licensing, investigations, inspections, enforcement, adjudications, continuing education, training, and examinations relating to all of the following bodies or facilities (R.C. 121.042(D)):
· Ohio Medical Transportation Board.
· Ohio Board of Dietetics.
· State Medical Board.
· Board of Nursing.
· Ohio Optical Dispensers Board.
· State Board of Optometry.
· State Board of Pharmacy.
· State Board of Psychology.
· Chemical Dependency Professionals Board.
· Counselor, Social Worker, and Marriage and Family Therapist Counselors Board.
· Ohio Occupational Therapy, Physical Therapy, and Athletic Trainers Board.
· State Board of Orthotics, Prosthetics, and Pedorthics.
· State Veterinary Medical Licensing Board.
· State Chiropractic Board.
· State Dental Board.
· Board of Speech-Language Pathology and Audiology.
· Hearing Aid Dealers and Fitters Licensing Board.
· Board of Examiners of Nursing Home Administrators.
· Ohio Respiratory Care Board.
· Public health facilities, addiction treatment facilities, and mental health facilities.
The Department of Transportation and Infrastructure will consist of the following five divisions, with each headed by the chief of that division (R.C. 121.043):
The Division of System Maintenance will be responsible for all activities related to the general maintenance and upkeep of the state's transportation system as well as materials management (R.C. 121.043(A)).
The Division of System Regulation will be responsible for all transportation system regulatory activities (R.C. 121.043(B)).
The Division of System Design and Construction will be responsible for all of the following (R.C. 121.043(C)):
· Roadway and traffic, geotechnical, and structural engineering.
· System design and construction.
· Transportation planning and research.
· Local transportation improvement programs.
· Service procurement.
· Contract administration.
The Division of Public Transportation will be responsible for all of the following (R.C. 121.043(D)):
· State transit authorities.
· Rail transportation and the Ohio Rail Development Commission.
· Aviation activities.
· Turnpike activities.
The Division of Infrastructure Financing and Revenue Distribution will be responsible for all of the following (R.C. 121.043(E)):
· Financing of state building improvements and acquisitions.
· Financing of public improvements relating to water and sewer construction, transportation systems, primary and secondary education, higher education, and underground storage facilities.
· Other infrastructure revenue distribution.
The Department of Finance and Operations will consist of the following six divisions, with each headed by the chief of that division (R.C. 121.044):
The General Services Division will be responsible for all of the following (R.C. 121.044(A)):
· Procurements services.
· Fleet and mail services.
· Risk management services.
· Contract compliance.
· Telecommunications.
The Human Resources Division will be responsible for all of the following relating to state employees (R.C. 121.044(B)):
· Classification and compensation.
· Benefits administration, including benefits for members of the Ohio National Guard.
· Professional development and training.
· Equal opportunity services.
· Quality service programs.
· Collective bargaining management.
· The State Personnel Board of Review.
· The State Employment Relations Board.
The Facilities and Maintenance Division will be responsible for all of the following (R.C. 121.044(C)):
· State property and facility maintenance.
· Real estate leasing.
· Building operations permitting.
· Architecture and engineering services.
· The operation of Capitol Square, the Ohio Expositions Center, and the Ohio State Fair.
The Information Technology Division will be responsible for all of the following (R.C. 121.044(D)):
· Enterprise network security.
· Ohio data networks.
· Veterans' affairs records systems.
· A state technology program.
· The Ohio Business Gateway.
The Division of Financial Operations will be responsible for all of the following (R.C. 121.044(E)):
· Accounting operations and processing.
· Budget analysis.
· Economic forecasting and revenue estimation.
· A statewide cost allocation plan.
· Financial planning.
· State debt issuance and debt service management.
· The State Controlling Board.
The Division of Revenue Administration will be responsible for all of the following (R.C. 121.044(F)):
· Tax collection, administration, and processing.
· Tax policy development.
· Revenue distribution, including property tax relief distribution.
· Unemployment tax administration.
· The State Lottery Commission.
· The Board of Tax Appeals.
· Unclaimed funds.
The Department of Human Resource Development will consist of the following four divisions, with each headed by the chief of that division (R.C. 121.045):
The Employment Services Division will be responsible for all of the following (R.C. 121.045(A)):
· All state and federal employee training programs.
· Workforce development programs.
· Job placement services.
· Employer services.
· Labor market projections.
· Unemployment compensation programs.
· Worker safety programs.
· Wage and hour compliance.
The Rehabilitation Services Division will be responsible for all of the following (R.C. 121.045(B)):
· Vocational rehabilitation programs.
· Job placement programs for the mentally retarded and developmentally disabled.
· Services for the visually impaired.
· Disabled employee training programs.
· Compliance and assistance programs under the federal Americans with Disabilities Act.
· Other disability determination and assistance programs.
The Children and Family Services Division will be responsible for all of the following (R.C. 121.045(C)):
· Child services programs including adoption, child care, child support, foster care, healthy-start, healthy families, child protection services, kinship, and child care service provider programs.
· Housing services.
· Family services, including family violence protection.
· Elder rights programs, including counseling on legal rights and end-of-life decisions.
· Children First and Family First programs.
The Human Rights Division will be responsible for all of the following bodies (R.C. 121.045(D)):
· Commission on African-American Males.
· Commission on Hispanic-Latino Affairs.
· Ohio Civil Rights Commission.
· Legal Rights Service Commission.
· Ohio Ethics Commission.
The Department of Community and Institutional Rehabilitation will consist of the following four divisions, with each headed by the chief of that division (R.C. 121.046):
The Division of Corrections Officer Administration will be responsible for all of the following (R.C. 121.046(A)):
· Adult correction and youth correction officers.
· Wardens.
· Employee relations and labor relations programs.
· Equal employment opportunity compliance (EEOC) programs.
· Training and assessment.
· Classification.
· Professional education.
· Security threat groups.
· Special tactics and response teams.
The Division of Correctional Support Services will be responsible for all of the following (R.C. 121.046(B)):
· Health, safety, and religious services.
· Correctional health care and a corrections medical center.
· Recovery and psychiatric treatment services.
· Food and library services.
· An office of mental health forensic services.
· The Ohio Penal Industries Program and the agriculture program related to it.
· Records management.
· Business operations.
· Youth and continuing education programs.
The Division of Correctional Facilities Maintenance will be responsible for facilities construction, activation, and maintenance activities (R.C. 121.046(C)).
The Division of Parole and Community services will be responsible for all of the following (R.C. 121.046(D)):
· Adult detention services.
· A Bureau of Community Sanctions.
· An Office of Victim Services.
· Offender re-entry programs.
· Quality and community partnerships.
· A Best Practices Institute.
· Interstate compact investigations.
· Offender supervision special services.
· Youth volunteer programs.
· Alcohol and drug addiction alternative treatment programs.
· Therapeutic community programs.
Under the bill, the Department of Business will consist of the following four divisions, with each headed by the chief of that division (R.C. 121.047):
The Division of Licensing will be responsible for licensing, enforcement, adjudication, investigations, continuing education, and examinations relating to all of the following bodies (R.C. 121.047(A)):
· Accountancy Board.
· Ohio Athletic Commission.
· State Board of Examiners of Architects.
· Barber Board.
· State Board of Cosmetology.
· Board of Embalmers and Funeral Directors.
· State Board of Registration for Professional Engineers and Surveyors.
· Liquor Control Commission.
· Board of Motor Vehicle Collision Repair Registration.
· State Racing Commission.
The Division of Financial Institutions and Securities Coordination will be responsible for both of the following (R.C. 121.047(B)):
· Chartering, licensing, and regulating financial institutions.
· Licensing and regulation relating to securities.
The Division of Building and Real Estate Coordination will be responsible for all of the following (R.C. 121.047(C)):
· Licenses, permits, and inspections relating to buildings and real estate, including amusement rides.
· Compliance with building codes.
· The State Board of Building Appeals.
The Division of Insurance will be responsible for all of the following (R.C. 121.047(D)):
· Consumer services.
· Financial regulation services.
· Life and health insurance and property and casualty insurance.
· Liquidation of insurance companies.
· Licensing of insurance agents.
· Regulation and enforcement of insurance laws.
· Strategic planning and market forecasting.
The Department of Resource Protection will consist of the following five divisions, with each headed by the chief of that division (R.C. 121.048):
The Division of Land will be responsible for all of the following (R.C. 121.048(A)):
· Mineral resources management.
· Parks and recreation.
· Off-road trails.
· Forestry.
· Natural areas and preserves.
· Wildlife.
· Farmland preservation.
· Specialty crop support.
· County agricultural societies and awards.
· The plant industry.
The Waste and Water Division will be responsible for all of the following (R.C. 121.048(B)):
· Shoreline preservation.
· Coastal management.
· Submerged lands.
· Hazardous waste management and cleanup.
· Solid waste management.
· The Ohio Lake Erie Commission.
· The Burr Oak Water Plant.
The Resource Quality Assurance Division will be responsible for all of the following (R.C. 121.048(C)):
· Licensing and permitting.
· Inspection and investigation.
· Enforcement and adjudication.
· Food and drug safety.
· Consumer analytical laboratories.
· Emergency and remedial response activities.
· Utility radiological safety.
· Engineering activities.
· Wildlife and watercraft officers.
· The Ohio Air Quality Development Authority.
· The Ohio Water Development Authority.
· The Environmental Review Appeals Commission.
The Division of Public Awareness will be responsible for all of the following (R.C. 121.048(D)):
· Resource conservation activities.
· Science advisory programs.
· Recycling and litter prevention programs.
· Pollution prevention programs.
· Natural resources publications.
· Resource information services.
· Geologic information services.
· Clean Ohio operating programs.
The Division of Grants and Disbursements will be responsible for administering and disbursing federal and state environmental and agricultural grants (R.C. 121.048(E)).
The Department of Development will consist of the following divisions, with each headed by the chief of that division (R.C. 121.049):
· Division of Small Business Development.
· Division of Job Ready Sites.
· Division of Film, Travel, and Tourism.
· Division of International Trade.
· Division of Grants and Disbursements.
The bill modifies related provisions of current law so that, in each restructured department:
The executive director will appoint an assistant executive director who will act as executive director in the executive director's absence or disability or when there is a vacancy in the executive director's position. An assistant executive director will hold office at the executive director's pleasure. (R.C. 121.05.)
The executive director will appoint chiefs of the several divisions of the restructured department. The division chiefs will hold office at the executive director's pleasure.[4] (R.C. 121.06.)
The executive director will be authorized to designate an assistant executive director to serve in the executive director's place as a member of any board, committee, authority, or commission of which the executive director is by law a member. (R.C. 121.05.)
The executive director, assistant executive directors, and division chiefs hierarchically will have direction of, supervision over, and control of the restructured department and its divisions as described above, and all subordinate officers will be required to perform the duties prescribed by the executive director, assistant executive directors, and division chiefs.
The executive director will be required to distribute the work of the department among the restructured departmental divisions as described above, and will be authorized to prescribe rules for the government of the restructured department, the conduct of its employees, the performance of its business, and the custody, use, and preservation of its records and property. (The Governor's approval of the distribution of work will not be required as it is under current law.) (R.C. 121.07.)
The executive director will be authorized, subject to the Governor's approval, to establish and appoint advisory boards to aid in the conduct of the department's work or in the conduct of the work of any of its divisions. (R.C. 121.13.)
The executive director, subject to the Governor's approval, will maintain a central office for the department at a location in the state that the executive director finds is necessary for the department's efficient performance.[5] The executive director, subject to the Governor's approval, also will be authorized to establish and maintain branch offices for the conduct of any one or more of the department's functions. (R.C. 121.15.)
The executive director, under the Governor's direction, will be required to devise a practical and working basis for cooperation and coordination of work with other departments, and for the elimination of duplication and overlapping functions. (R.C. 121.17.)
The bill eliminates several offices and their corresponding assistant directorships that are specifically established by current law. (R.C. 121.04.) These offices are identified in the following table. The left-hand column identifies the department of which the office is a part. The right-hand column identifies the several offices, the functions of most if not all of which are continued somehow in the restructured departments.
|
Current department |
Office |
|
(1) Department of Commerce |
(a) Commissioner of
Securities |
|
(2) Department of Administrative Services |
(a) State Architect
and Engineer |
|
(3) Department of Agriculture |
(a) Chief of the
Division of Administration |
|
(4) Department of Natural Resources |
(a) Chief of the
Division of Water |
|
(5) Department of Insurance |
(a) Deputy
Superintendent of Insurance |
The bill takes effect January 1, 2011. Prior to that effective date, the General Assembly must enact legislation that (1) amends, repeals, and enacts the sections of the Revised Code that are necessary to implement the bill's provisions and (2) provides for the orderly transfer of the duties and functions of the various executive departments and public bodies of state government to the newly created departments (Section 4 of the bill).
The bill requires the Auditor of State to conduct performance audits to facilitate the effective and efficient operation of the departments, and the divisions of those departments, that the bill creates (R.C. 117.103).
HISTORY
|
ACTION |
DATE |
|
|
|
|
Introduced |
02-18-09 |
h0025-i-128.docx/kl
[1] The Director of Veterans Services also is re-titled by the bill as the Executive Director of Veterans Services.
[2] The bill restructures the Department of Education, which is not currently a cabinet department, into the restructured cabinet departmental mix, and suggests that it intends for there to be an Executive Director of Education. But the bill does not expressly provide for the appointment of such an executive director. Currently the Department of Education is headed by the Superintendent of Public Instruction.
[3] The bill repeals R.C. 121.03(U) under which the Governor must appoint the Administrator of Workers' Compensation as the administrative head of the Bureau of Workers' Compensation with the advice and consent of the Senate. However, the bill's reorganization provisions are unclear as to whether they contemplate the inclusion of the functions of the Bureau under one of the proposed new departments. Because the Bureau is not created in R.C. 121.02 as an "administrative department," and because R.C. 4121.121 (not in the bill) actually creates the Bureau and also authorizes the Governor to appoint a person having certain qualifications as its Administrator, it is conceivable that the bill may not affect the Bureau or its Administrator despite the repeal of R.C. 121.03(U).
[4] The executive director, assistant executive directors, and division chiefs will be required to take an oath of office and to give bond in an amount not less than $10,000 as fixed by the Governor. The executive director, subject to the Governor's approval, also can require any other subordinate officer or employee in the restructured department to give bond in an amount the Governor prescribes. (R.C. 121.11.) The bill continues these bonding requirements from current law.
[5] Columbus is the capital of Ohio. "Columbus shall be the seat of government, until otherwise directed by law." Ohio Const., art. XV, §1. A department's central office therefore cannot be relocated from Columbus to another location until the executive director has conducted a cost-benefit analysis of the relocation, has provided a copy of the analysis to the Governor, the Speaker of the House, and the President of the Senate, and the General Assembly has enacted a statute approving the relocation. (R.C. 121.15.)