130th Ohio General Assembly
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.

S. B. No. 269  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 269


Senators Grendell, Seitz 

Cosponsors: Senators Wagoner, Gibbs 



A BILL
To amend section 125.22 and to enact section 167.081 of the Revised Code relative to joint purchasing by members of a regional council of governments; consolidation of boards and commissions for purposes of Central Service Agency support services; privatization of governmental functions; and restructuring of state government.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 125.22 be amended and section 167.081 of the Revised Code be enacted to read as follows:
Sec. 125.22.  (A) The department of administrative services shall establish the central service agency to perform routine and provide support for the following boards and commissions:
(1) Architects board;
(2) Barber board;
(3) State chiropractic board;
(4) State board of cosmetology;
(5) Accountancy board;
(6) State dental board;
(7) State board of optometry;
(8) Ohio occupational therapy, physical therapy, and athletic trainers board;
(9) State board of registration for professional engineers and surveyors;
(10) State board of sanitarian registration;
(11) Board of embalmers and funeral directors;
(12) State board of psychology;
(13) Ohio optical dispensers board;
(14) Board of speech-language pathology and audiology;
(15) Counselor, social worker, and marriage and family therapist board;
(16) State veterinary medical licensing board;
(17) Ohio board of dietetics;
(18) Commission on Hispanic-Latino affairs;
(19) Ohio respiratory care board;
(20) Ohio commission on African-American males;
(21) Chemical dependency professionals board;
(21) State medical board;
(22) Board of nursing;
(23) State board of pharmacy;
(24) Ohio medical transportation board;
(25) Ohio athletic commission;
(26) Board of motor vehicle collision repair;
(27) Manufactured homes commission;
(28) Board of orthotics, prosthetics, and pedorthics;
(29) State board of career colleges and schools.
(B)(1) Notwithstanding any other section of the Revised Code, the agency shall perform and provide the following routine support services for the boards and commissions named in division (A) of this section unless the controlling board exempts a board or commission from this requirement on the recommendation of the director of administrative services:
(a) Preparing Make recommendations regarding and preparing and processing payroll and other personnel documents;
(b) Preparing and processing vouchers, purchase orders, encumbrances, and other accounting documents;
(c) Maintaining ledgers of accounts and balances;
(d) Preparing and monitoring budgets and allotment plans in consultation with the boards and commissions;
(e) Other routine support services that the director of administrative services considers appropriate to achieve efficiency.
(2) The agency may perform and provide other services which a board or commission named in division (A) of this section delegates to the agency and the agency accepts.
(3) The agency may perform and provide any service for any professional or occupational licensing board not named in division (A) of this section or any commission if the board or commission requests such service and the agency accepts.
(C) The director of administrative services shall be the appointing authority for the agency.
(D) The agency shall determine the fees to be charged to the boards and commissions, which shall be in proportion to the services performed or provided for each board or commission.
(E) Each board or commission named in division (A) of this section and any other board or commission requesting services from the agency shall pay these fees to the agency from the general revenue fund maintenance account of the board or commission or from such other fund as the operating expenses of the board or commission are paid. Any amounts set aside for a fiscal year by a board or commission to allow for the payment of fees shall be used only for the services performed or provided by the agency in that fiscal year. All receipts collected by the agency shall be deposited in the state treasury to the credit of the central service agency fund, which is hereby created. All expenses incurred by the agency in performing or providing services for the boards or commissions shall be paid from the fund.
(F) Nothing in this section shall be construed as a grant of authority for the central service agency to initiate or deny personnel or fiscal actions for the boards and commissions.
Sec. 167.081.  If sections 153.50, 153.51, and 153.52 of the Revised Code do not apply, the council may enter into a contract that establishes a unit price for, and provides upon a per unit basis, materials, labor, services, overhead, profit, and associated expenses for the repair, enlargement, improvement, or demolition of a building or structure if the contract is awarded pursuant to a competitive bidding procedure of a county, municipal corporation, or township or a special district, school district, or other political subdivision that is a council member; a statewide consortium of which the council is a member; or a multistate consortium of which the council is a member.
A public notice requirement pertaining to the contract shall be considered as having been met if the public notice is given once a week for at least two consecutive weeks in a newspaper of general circulation within a county in this state in which the council has members and if the notice is posted on the council's internet web site for at least two consecutive weeks before the date specified for receiving bids.
A county, municipal corporation, or township and a special district, school district, or other political subdivision that is a council member may participate in a contract entered into under this section. Purchases under a contract entered into under this section are exempt from any competitive selection or bidding requirements otherwise required by law. A county, municipal corporation, or township or a special district, school district, or other political subdivision that is a member of the council is not entitled to participate in a contract entered into under this section if it has received bids for the same work under another contract, unless participation in a contract under this section will enable the member to obtain the same work, upon the same terms, conditions, and specifications, at a lower price.
Section 2. That existing section 125.22 of the Revised Code is hereby repealed.
Section 3. CENTRAL SERVICE AGENCY CONSOLIDATION INITIATIVE
Of the foregoing appropriation item 130321, State Agency Support Services, $308,230 in fiscal year 2010 and $235,230 in fiscal year 2011 shall be used by the Department of Administrative Services for the Central Service Agency Consolidation initiative.
Section 4. EXPANDED FUNCTIONS OF THE CENTRAL SERVICE AGENCY
Notwithstanding any contrary provision of law, on the effective date of this section, or as soon as possible thereafter, the Central Service Agency, in consultation with the Director of Budget and Management, shall review the support services the Central Service Agency performs on behalf of the boards and commissions named in division (A) of section 125.22 of the Revised Code (except the Commission on Hispanic-Latino Affairs) and the fiscal condition of those boards and commissions. The Central Service Agency shall thereafter provide recommendations regarding consolidation of finance, human resources, legal, procurement, and other administrative functions to achieve administrative cost savings and efficiency. The Central Service Agency also may initiate or deny personnel or fiscal actions for the boards and commissions if such an initiation or denial would result in administrative cost savings and efficiency among the boards and commissions, and may require the boards and commissions to enter into agreements to share office equipment, office space, or other assets to the extent such an agreement would create efficiencies or savings in rental, lease, or contractual expenses.
Except with respect to the authority of the boards and commissions named in division (A) of section 125.22 of the Revised Code to appoint or employ additional employees for the performance of professional, technical, clerical, or other duties, this section shall not be interpreted as a grant of authority to the Central Service Agency to supersede or replace the boards or commissions in the performance of their respective statutory duties, or to appoint, remove, or demote the executive directors of the respective boards or commissions.
The Director of Budget and Management may take actions made necessary by administrative reorganization for the purpose of cost savings and efficiency by making budget changes, transferring programs, creating new funds, and consolidating funds.
Section 5. (A) The State Function Privatization Commission shall do all of the following:
(1) Generally review the literature of privatization and in particular learn about performance auditing, cost saving, governmental restructuring, and privatization inquiries and efforts that are being carried out under other provisions of this act;
(2) Conduct a study to identify and recommend governmental and propriety functions that are being performed by state agencies and that might be privatized to achieve greater efficiency in their performance and delivery;
(3) Review all the governmental and proprietary functions that are being performed by state agencies, and out of all these functions identify the particular functions that feasibly might be privatized. In making this identification, the commission generally shall consider whether a function would be more efficiently performed and delivered through private market operations, and more particularly whether performance and delivery of the function through private market operations would reduce costs incurred by the state agency, would reduce the cost of performing and delivering the function, would reduce state governmental costs overall, would improve performance and delivery of the function, would improve accountability for performance and delivery of the function, would reduce the fact of or opportunities for wrongdoing, would reduce or eliminate a governmental monopoly, and would have other benefits the commission has learned about through its background study and its own experience.
(4) With regard to a governmental or propriety function that might feasibly be privatized, identify the method, such as leasing, share issue, or asset sale, that would offer the best means of privatizing the function; and
(5) Prepare a report of its findings. As part of its report, the commission shall recommend the particular governmental and propriety functions that feasibly might be privatized and shall recommend for each function the best method of privatizing the function. The report shall explain the rationale underlying each recommendation.
(B) The State Function Privatization Commission shall report the findings of its studies conducted pursuant to division (A) of this section to the Speaker and Minority Leader of the House of Representatives, the President and Minority Leader of the Senate, the Governor, and the Auditor of State not later than July 1, 2011. The Commission shall cease to exist on the date on which the Commission submits its report to the specified members of the General Assembly, the Governor, and the Auditor of State.
(C)(1) There is hereby created the State Function Privatization Commission, consisting of twenty-one members.
The President of the Senate shall appoint seven members of the Commission. Of those seven members, three shall be members of the Senate who are members of the same political party as the President of the Senate, two shall be members of the Senate who are members of a political party other than the political party of the Senate President, and two shall be persons who are not members of the Senate and are eligible for appointment as specified in division (C)(2) of this section.
The Speaker of the House of Representatives shall appoint seven members of the Commission. Of those seven members, three shall be members of the House of Representatives who are members of the same political party as the Speaker of the House of Representatives, two shall be members of the House of Representatives who are members of a political party other than the political party of the Speaker of the House of Representatives, and two shall be persons who are not members of the House of Representatives and are eligible for appointment as specified in division (C)(2) of this section.
The Governor shall appoint four members of the Commission who are eligible for appointment as specified in division (C)(2) of this section.
The Auditor of State shall appoint three members of the Commission who are eligible for appointment as specified in division (C)(2) of this section.
The President of the Senate, the Speaker of the House of Representatives, the Governor, and the Auditor of State shall appoint the members of the State Function Privatization Commission for whom they have appointment responsibility not later than thirty days after the effective date of this section. Any vacancy in the Commission shall be filled in the same manner as the original appointment.
(2) The members of the Commission to be appointed by the Governor and the Auditor of State, and the members of the Commission to be appointed by the President of the Senate and the Speaker of the House of Representatives who must be eligible for appointment as specified in division (C)(1) of this section, shall be qualified by education or experience in privatization matters or any other subject that relates to the duties of the Commission as described in division (A) of this section.
(3) When all members of the Commission have been appointed, the State Function Privatization Commission promptly shall meet, select Co-Chairpersons, and organize its activities. One member of the Commission who is a member of the Senate and one member of the Commission who is a member of the House of Representatives shall be selected as Co-Chairpersons of the Commission. Thereafter, the Commission shall meet as necessary at the call of the Co-Chairpersons or on the written request of eleven of its members. Eleven members of the Commission constitute a quorum, and the votes of a majority of the quorum present is required to validate any action of the Commission. All business of the Commission shall be conducted in public meetings.
The members of the Commission shall serve without compensation, and members shall not be reimbursed for any expenses incurred in the performance of their duties on the Commission.
(4) The State Function Privatization Commission may seek and obtain research and technical services and support in the performance of its duties under this section from any individual, state agency, organization, association, college, or university.
Section 6. (A)(1) There is hereby created the State Correctional Institution Privatization Commission, consisting of fifteen members. The members of the Commission shall be appointed by the President of the Senate, the Speaker of the House of Representatives, the Governor, and the Auditor of State as follows:
(a) The President of the Senate shall appoint five members of the Commission. Of those five members, two shall be members of the Senate who are members of the same political party as the President of the Senate, one shall be a member of the Senate who is a member of a political party other than the political party of the Senate President, and two shall be persons who are not members of the Senate and are eligible for appointment as specified in division (A)(2) of this section.
(b) The Speaker of the House of Representatives shall appoint five members of the Commission. Of those five members, two shall be members of the House of Representatives who are members of the same political party as the Speaker of the House of Representatives, one shall be a member of the House of Representatives who is a member of a political party other than the political party of the Speaker of the House of Representatives, and two shall be persons who are not members of the House of Representatives and are eligible for appointment as specified in division (A)(2) of this section.
(c) The Governor shall appoint three members of the Commission who are eligible for appointment as specified in division (A)(2) of this section.
(d) The Auditor of State shall appoint two members of the Commission who are eligible for appointment as specified in division (A)(2) of this section.
(2) The members of the Commission to be appointed by the Governor and the Auditor of State, and the members of the Commission who are to be appointed by the President of the Senate and the Speaker of the House of Representatives and who must be eligible for appointment as specified in division (A)(1) of this section, shall be qualified by education or experience in corrections, finance, or any other subject that relates to the duties of the Commission as described in division (B) of this section.
(3) The President of the Senate, the Speaker of the House of Representatives, the Governor, and the Auditor of State shall appoint the members of the State Correctional Institution Privatization Commission for whom they have appointment responsibility not later than thirty days after the effective date of this section. Any vacancy in the Commission shall be filled in the same manner as the original appointment.
(4) When all members are appointed, the State Correctional Institution Privatization Commission promptly shall meet, select Co-Chairpersons, and organize its activities. One member of the Commission who is a member of the Senate and one member of the Commission who is a member of the House of Representatives shall be selected as Co-Chairpersons of the Commission. Thereafter, the Commission shall meet as necessary at the call of the Co-Chairpersons or on the written request of eight of its members. Eight members of the Commission constitute a quorum, and the votes of a majority of the quorum present shall be required to validate any action of the Commission. All business of the Commission shall be conducted in public meetings.
The members of the Commission shall serve without compensation, and members shall not be reimbursed for any expenses incurred in the performance of their duties on the Commission.
(5) The State Correctional Institution Privatization Commission may seek and obtain research and technical services and support in the performance of its duties under this section from any individual, state agency, organization, association, college, or university.
(B) The State Correctional Institution Privatization Commission shall do all of the following:
(1) Study the Department of Rehabilitation and Correction's operation and management of this state's correctional institutions;
(2) Study the operation and management by private entities of correctional institutions in this state and in other states;
(3) Develop a plan for the transfer of the operation and management, by December 31, 2011, of at least one-half of this state's correctional institutions that currently are operated and managed by the Department of Rehabilitation and Correction to a private entity.
(C) The State Correctional Institution Privatization Commission shall report the findings of its studies conducted pursuant to division (B) of this section and the plan it develops pursuant to that division to the Speaker of the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, the Minority Leader of the Senate, the Governor, and the Auditor of State not later than June 30, 2011. The Commission shall cease to exist on the date on which the Commission submits its report to the specified members of the General Assembly, the Governor, and the Auditor of State.
Section 7. (A) The Commission on the Restructuring of State Government shall devise and recommend an implementation plan and schedule for the restructuring of state government in substantially the manner prescribed by the As Introduced versions of H.B. 25 and S.B. 52 of the 128th General Assembly. The Commission shall present its recommendations to the Governor, Auditor of State, Speaker of the House of Representatives, and President of the Senate not later than July 1, 2011.
(B) There is hereby created the Commission on the Restructuring of State Government. The Commission shall consist of fifteen members. The President of the Senate shall appoint five members to the Commission, with two members being members of the Senate from the majority party and one member being a member of the Senate from the minority party. The Speaker of the House of Representatives shall appoint five members to the Commission, with two members being members of the House of Representatives from the majority party and one member being a member of the House of Representatives from the minority party. The Governor shall appoint three members, and the Auditor of State shall appoint two members, to the Commission.
No member of the Commission shall receive compensation for serving on the Commission.
The Commission shall elect a Commission member who is a member of the Senate and a Commission member who is a member of the House of Representatives to serve as Co-Chairpersons of the Commission.
The Commission ceases to exist upon presenting its report.
Please send questions and comments to the Webmaster.
© 2014 Legislative Information Systems | Disclaimer
Index of Legislative Web Sites