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. 52  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 52


Senator Grendell 



A BILL
To amend sections 121.02, 121.03, 121.05, 121.06, 121.07, 121.11, 121.13, 121.15, and 121.17, to enact new section 121.04 and to enact sections 117.103, 121.041, 121.042, 121.043, 121.044, 121.045, 121.046, 121.047, 121.048, and 121.049 and to repeal section 121.04 of the Revised Code to reorganize the executive branch of state government.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.02, 121.03, 121.05, 121.06, 121.07, 121.11, 121.13, 121.15, and 121.17 be amended and that new section 121.04 and sections 117.103, 121.041, 121.042, 121.043, 121.044, 121.045, 121.046, 121.047, 121.048, and 121.049 of the Revised Code be enacted to read as follows:
Sec. 117.103. The auditor of state shall conduct performance audits to facilitate the effective and efficient operation of the departments established under section 121.02, and their divisions established under section 121.04 and 121.041 to 121.049, of the Revised Code.
Sec. 121.02. (A) The following administrative departments and their respective executive directors are hereby created:
(A)(1) The office of budget finance and management operations, which shall be administered by the executive director of budget finance and management operations;
(B)(2) The department of commerce business, which shall be administered by the executive director of commerce business;
(C) The department of administrative services, which shall be administered by the director of administrative services;
(D)(3) The department of transportation and infrastructure, which shall be administered by the executive director of transportation and infrastructure;
(E) The department of agriculture, which shall be administered by the director of agriculture;
(F)(4) The department of natural resources resource protection, which shall be administered by the executive director of natural resources resource protection;
(G)(5) The department of public health, which shall be administered by the executive director of public health;
(H)(6) The department of job and family services human resource development, which shall be administered by the executive director of job and family services human resource development;
(I) Until July 1, 1997, the department of liquor control, which shall be administered by the director of liquor control;
(J)(7) The department of public safety, which shall be administered by the executive director of public safety;
(K) The department of mental health, which shall be administered by the director of mental health;
(L) The department of mental retardation and developmental disabilities, which shall be administered by the director of mental retardation and developmental disabilities;
(M) The department of insurance, which shall be administered by the superintendent of insurance as director thereof;
(N)(8) The department of development, which shall be administered by the executive director of development;
(O) The department of youth services, which shall be administered by the director of youth services;
(P)(9) The department of community and institutional rehabilitation and correction, which shall be administered by the executive director of community and institutional rehabilitation and correction;
(Q) The environmental protection agency, which shall be administered by the director of environmental protection;
(R) The department of aging, which shall be administered by the director of aging;
(S)(10) The department of alcohol and drug addiction services education, which shall be administered by the executive director of alcohol and drug addiction services;
(T)(11) The department of veterans services, which shall be administered by the executive director of veterans services.
(B) The executive director of each department shall exercise the powers and perform the duties vested by law in such that department.
Sec. 121.03.  The following administrative department heads shall be appointed by the governor, with the advice and consent of the senate, and shall hold their offices during the term of the appointing governor, and are subject to removal at the pleasure of the governor.
(A) The executive director of budget finance and management operations;
(B) The executive director of commerce business;
(C) The executive director of transportation and infrastructure;
(D) The director of agriculture;
(E) The executive director of job and family services human resource development;
(F) Until July 1, 1997, the director of liquor control;
(G)(E) The executive director of public safety;
(H) The superintendent of insurance;
(I)(F) The executive director of development;
(J) The tax commissioner;
(K) The director of administrative services;
(L)(G) The executive director of natural resources resource protection;
(M) The director of mental health;
(N) The director of mental retardation and developmental disabilities;
(O)(H) The executive director of public health;
(P) The director of youth services;
(Q)(I) The executive director of community and institutional rehabilitation and correction;
(R) The director of environmental protection;
(S) The director of aging;
(T) The director of alcohol and drug addiction services;
(U) The administrator of workers' compensation who meets the qualifications required under division (A) of section 4121.121 of the Revised Code;
(V)(J) The executive director of veterans services who meets the qualifications required under section 5902.01 of the Revised Code.
Sec. 121.04.  The department of education consists of the following divisions, with each headed by the chief of that division:
(A) A division of primary and secondary education responsible for all of the following:
(1) Curriculum and assessment;
(2) Teacher development, and student, family, and community programs;
(3) Nonpublic and alternative schools;
(4) Policy and accountability; and
(5) Coordination of lifelong learning.
(B) A division of higher education for four-year colleges and universities responsible for all of the following:
(1) Curriculum and assessment;
(2) Professor development, and student, family, and community programs;
(3) Policy and higher education development;
(4) Investigations and school compliance; and
(5) The higher education-Ohio business compact as it relates to four-year colleges and universities.
(C) A division of higher education for two-year colleges responsible for all of the following:
(1) Curriculum and assessment;
(2) Professor development, and student, family, and community programs;
(3) Policy and higher education development;
(4) Investigations and school compliance;
(5) The higher education-Ohio business compact as it relates to two-year colleges; and
(6) Adult education.
(D) A division of education finance responsible for all of the following:
(1) Public school and higher education finance and fiscal planning;
(2) Student financial assistance programs;
(3) The Ohio tuition trust authority; and
(4) Federal programs and grant management.
(E) A division of education technology responsible for all of the following:
(1) Educational telecommunications programming and facility management;
(2) Network operations; and
(3) Technology applications.
(F) A division of cultural resources responsible for all of the following:
(1) The state library of Ohio and the archives of the Ohio historical society;
(2) The state historic preservation office;
(3) Historical site and facility maintenance; and
(4) Arts programs and grants.
Sec. 121.041. The department of public safety consists of the following divisions, with each headed by the chief of that division:
(A) A division of uniformed services responsible for all of the following:
(1) The state highway patrol;
(2) The office of the state fire marshal;
(3) Executive security;
(4) Training programs for the uniformed services;
(5) The multi-agency radio communications system; and
(6) Hazardous materials programs.
(B) A division of public safety services responsible for all of the following:
(1) The bureau of motor vehicles;
(2) Certification and continuing education of emergency medical service professionals;
(3) Fire and liquor control research laboratories;
(4) Crash repair investigation;
(5) Criminal justice services;
(6) Youth safety programs;
(7) The Ohio emergency management agency;
(8) Security guard and private investigator licensing; and
(9) Policy and technology.
(C) A division of homeland security and emergency management responsible for all of the following:
(1) The Ohio national guard;
(2) Homeland security;
(3) Capitol square, as defined in section 105.41 of the Revised Code, and other building security;
(4) Aircraft security;
(5) Disaster response planning;
(6) First responder oversight and protection;
(7) Terrorist awareness and prevention;
(8) Family and innovative readiness training; and
(9) Agriculture resource and public water protection.
(D) A division of grants and disbursements responsible for both of the following:
(1) Homeland security and criminal justice services grant management; and
(2) Administration of all safety-related disbursements.
(E) A division of prevention and enforcement responsible for all of the following:
(1) Enforcement and investigation of violations of liquor control, tobacco, insurance, and food stamp fraud laws;
(2) A vice unit;
(3) Criminal activity prevention; and
(4) Drug force task management.
Sec. 121.042. The department of public health consists of the following divisions, with each headed by the chief of that division:
(A) A division of health and well-being responsible for all of the following:
(1) Family and community health services and programs;
(2) Disease prevention;
(3) State employee health services;
(4) Minority health affairs;
(5) Alcohol and drug addiction treatment and rehabilitation services;
(6) Addiction prevention and intervention services;
(7) State-operated hospital services;
(8) Mental health inpatient services;
(9) Health support services; and
(10) Health policy and accountability.
(B) A division of community care support services responsible for all of the following:
(1) Local mental health and mental retardation and developmental disabilities programs;
(2) Support for mental retardation and developmental disabilities developmental centers; and
(3) Elder community care, including PASSPORT.
(C) A division of medicaid services responsible for all of the following:
(1) Medicaid disbursements;
(2) Medicaid provider services;
(3) Medicaid revenue administration;
(4) Medicaid fraud, waste, and abuse prevention; and
(5) Federal-state matching.
(D) A division of medical professional and state healthcare system regulation responsible for certification, licensing, investigations, inspections, enforcement, adjudications, continuing education, training, and examinations relating to all of the following bodies or facilities:
(1) Ohio medical transportation board;
(2) Ohio board of dietetics;
(3) State medical board;
(4) Board of nursing;
(5) Ohio optical dispensers board;
(6) State board of optometry;
(7) State board of pharmacy;
(8) State board of psychology;
(9) Chemical dependency professionals board;
(10) Counselor, social worker, and marriage and family therapist counselors board;
(11) Ohio occupational therapy, physical therapy, and athletic trainers board;
(12) State board of orthotics, prosthetics, and pedorthics;
(13) State veterinary medical licensing board;
(14) State chiropractic board;
(15) State dental board;
(16) Board of speech-language pathology and audiology;
(17) Hearing aid dealers and fitters licensing board;
(18) Board of examiners of nursing home administrators;
(19) Ohio respiratory care board; and
(20) Public health facilities, addiction treatment facilities, and mental health facilities.
Sec. 121.043. The department of transportation and infrastructure consists of the following divisions, with each headed by the chief of that division:
(A) A division of system maintenance responsible for all activities related to the general maintenance and upkeep of the state's transportation system, and materials management.
(B) A division of system regulation responsible for all transportation system regulatory activities.
(C) A division of system design and construction responsible for all of the following:
(1) Roadway and traffic, geotechnical, and structural engineering;
(2) System design and construction;
(3) Transportation planning and research;
(4) Local transportation improvement programs;
(5) Service procurement; and
(6) Contract administration.
(D) A division of public transportation responsible for all of the following:
(1) State transit authorities;
(2) Rail transportation and the Ohio rail development commission;
(3) Aviation activities; and
(4) Turnpike activities.
(E) A division of infrastructure financing and revenue distribution responsible for all of the following:
(1) Financing of state building improvements and acquisitions;
(2) Financing of public improvements relating to water and sewer construction, transportation systems, primary and secondary education, higher education, and underground storage facilities;
(3) Other infrastructure revenue distribution.
Sec. 121.044. The department of finance and operations consists of the following divisions, with each headed by the chief of that division:
(A) A general services division responsible for all of the following:
(1) Procurement services;
(2) Fleet and mail services;
(3) Risk management services;
(4) Contract compliance; and
(5) Telecommunications.
(B) A human resources division responsible for all of the following relating to state employees:
(1) Classification and compensation;
(2) Benefits administration, including benefits for members of the Ohio national guard;
(3) Professional development and training;
(4) Equal opportunity services;
(5) Quality service programs;
(6) Collective bargaining management;
(7) The state personnel board of review; and
(8) The state employment relations board.
(C) A facilities and maintenance division responsible for all of the following:
(1) State property and facility maintenance;
(2) Real estate leasing;
(3) Building operations permitting;
(4) Architecture and engineering services; and
(5) The operation of capitol square, the Ohio expositions center, and the Ohio state fair.
(D) An information technology division responsible for all of the following:
(1) Enterprise network security;
(2) Ohio data networks;
(3) Veterans' affairs records systems;
(4) A state technology program; and
(5) The Ohio business gateway, as defined in section 718.051 of the Revised Code.
(E) A division of financial operations responsible for all of the following:
(1) Accounting operations and processing;
(2) Budget analysis;
(3) Economic forecasting and revenue estimation;
(4) A statewide cost allocation plan;
(5) Financial planning;
(6) State debt issuance and debt service management; and
(7) The state controlling board.
(F) A division of revenue administration responsible for all of the following:
(1) Tax collection, administration, and processing;
(2) Tax policy development;
(3) Revenue distribution, including property tax relief distribution;
(4) Unemployment tax administration;
(5) The state lottery commission;
(6) The board of tax appeals; and
(7) Unclaimed funds.
Sec. 121.045. The department of human resource development consists of the following divisions, with each headed by the chief of that division:
(A) An employment services division responsible for all of the following:
(1) All state and federal employee training programs;
(2) Workforce development programs;
(3) Job placement services;
(4) Employer services;
(5) Labor market projections;
(6) Unemployment compensation programs;
(7) Worker safety programs; and
(8) Wage and hour compliance.
(B) A rehabilitation services division responsible for all of the following:
(1) Vocational rehabilitation programs;
(2) Job placement programs for the mentally retarded and developmentally disabled;
(3) Services for the visually impaired;
(4) Disabled employee training programs;
(5) Compliance and assistance programs under the federal Americans with Disabilities Act; and
(6) Other disability determination and assistance programs.
(C) A children and family services division responsible for all of the following:
(1) 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;
(2) Housing services;
(3) Family services, including family violence prevention;
(4) Elder rights programs, including counseling on legal rights and end-of-life decisions; and
(5) Children first and family first programs.
(D) A human rights division responsible for all of the following bodies:
(1) Commission on African-American males;
(2) Commission on Hispanic-Latino affairs;
(3) Ohio civil rights commission;
(4) Legal rights service commission; and
(5) Ohio ethics commission.
Sec. 121.046. The department of community and institutional rehabilitation consists of the following divisions, with each headed by the chief of that division:
(A) A division of corrections officer administration responsible for all of the following:
(1) Adult correction and youth correction officers;
(2) Wardens;
(3) Employee relations and labor relations programs;
(4) Equal employment opportunity compliance programs;
(5) Training and assessment;
(6) Classification;
(7) Professional education;
(8) Security threat groups; and
(9) Special tactics and response teams.
(B) A division of correctional support services responsible for all of the following:
(1) Health, safety, and religious services;
(2) Correctional health care and a corrections medical center;
(3) Recovery and psychiatric treatment services;
(4) Food and library services;
(5) An office of mental health forensic services;
(6) The Ohio penal industries program and the agriculture program related to it;
(7) Records management;
(8) Business operations; and
(9) Youth and continuing education programs.
(C) A division of correctional facilities maintenance responsible for facilities construction, activation, and maintenance activities.
(D) A division of parole and community services responsible for all of the following:
(1) Adult detention services;
(2) A bureau of community sanctions;
(3) An office of victim services;
(4) Offender re-entry programs;
(5) Quality and community partnerships;
(6) A best practices institute;
(7) Interstate compact investigations;
(8) Offender supervision special services;
(9) Youth volunteer programs;
(10) Alcohol and drug addiction alternative treatment programs; and
(11) Therapeutic community programs.
Sec. 121.047. The department of business consists of the following divisions, with each headed by the chief of that division:
(A) A division of licensing responsible for licensing, enforcement, adjudication, investigations, continuing education, and examinations relating to all of the following bodies:
(1) Accountancy board;
(2) Ohio athletic commission;
(3) State board of examiners of architects;
(4) Barber board;
(5) State board of cosmetology;
(6) Board of embalmers and funeral directors;
(7) State board of registration for professional engineers and surveyors;
(8) Liquor control commission;
(9) Board of motor vehicle collision repair registration; and
(10) State racing commission.
(B) A division of financial institutions and securities coordination responsible for both of the following:
(1) Chartering, licensing, and regulating financial institutions; and
(2) Licensing and regulation relating to securities.
(C) A division of building and real estate coordination responsible for all of the following:
(1) Licenses, permits, and inspections relating to building and real estate, including amusement rides;
(2) Compliance with building codes; and
(3) The state board of building appeals.
(D) A division of insurance responsible for all of the following:
(1) Consumer services;
(2) Financial regulation services;
(3) Life and health insurance and property and casualty insurance;
(4) Liquidation of insurance companies;
(5) Licensing of insurance agents;
(6) Regulation and enforcement of insurance laws; and
(7) Strategic planning and market forecasting.
Sec. 121.048. The department of resource protection consists of the following divisions, with each headed by the chief of that division:
(A) A division of land responsible for all of the following:
(1) Mineral resources management;
(2) Parks and recreation;
(3) Off-road trails;
(4) Forestry;
(5) Natural areas and preserves;
(6) Wildlife;
(7) Farmland preservation;
(8) Specialty crop support;
(9) County agricultural societies and awards; and
(10) The plant industry.
(B) A waste and water division responsible for all of the following:
(1) Shoreline preservation;
(2) Coastal management;
(3) Submerged lands;
(4) Hazardous waste management and cleanup;
(5) Solid waste management;
(6) The Ohio Lake Erie commission; and
(7) The burr oak water plant.
(C) A resource quality assurance division responsible for all of the following:
(1) Licensing and permitting;
(2) Inspection and investigation;
(3) Enforcement and adjudication;
(4) Food and drug safety;
(5) Consumer analytical laboratories;
(6) Emergency and remedial response activities;
(7) Utility radiological safety;
(8) Engineering activities;
(9) Wildlife and watercraft officers;
(10) The Ohio air quality development authority;
(11) The Ohio water development authority; and
(12) The environmental review appeals commission.
(D) A division of public awareness responsible for all of the following:
(1) Resource conservation activities;
(2) Science advisory programs;
(3) Recycling and litter prevention programs;
(4) Pollution prevention programs;
(5) Natural resources publications;
(6) Resource information services;
(7) Geologic information services; and
(8) Clean Ohio operating programs.
(E) A division of grants and disbursements responsible for administering and disbursing federal and state environmental and agricultural grants.
Sec. 121.049. The department of development consists of the following divisions, with each headed by the chief of that division:
(A) A division of small business development;
(B) A division of job ready sites;
(C) A division of film, travel, and tourism;
(D) A division of international trade; and
(E) A division of grants and disbursements.
Sec. 121.05.  Except as otherwise provided in this section, in each department, there (A) There shall be an assistant executive director for each department who is designated by the executive director of that department. In the department of health, there shall be two assistant directors, each of whom shall be designated by the director of health. In the department of transportation, there shall be an assistant director for business management, an assistant director for field operations, and an assistant director for transportation policy, each of whom shall be designated by the director of transportation. In the department of insurance, the deputy superintendent of insurance shall be the assistant director. In the department of administrative services, there shall be two assistant directors, each of whom shall be designated by the director of administrative services. In the department of commerce, there shall be two assistant directors, each of whom shall be designated by the director of commerce. In the department of job and family services, there may be up to two assistant directors, each of whom shall be designated by the director of job and family services. In each department with an assistant director, the The assistant executive director shall act as executive director in the absence or disability of the executive director and also shall act as executive director when the position of executive director is vacant, except that in the department of transportation, the department of health, the department of commerce, the department of administrative services, and the department of job and family services, the director shall designate which assistant director shall act as director in the director's absence. In each department without an assistant director, the director shall designate a deputy director to act as director in the absence or disability of the director.
A (B) An executive director may designate any of the executive director's assistant executive directors or a deputy 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. The designee, when present, shall be counted in determining whether a quorum is present at any meeting. The designee may vote and participate in all proceedings and actions of the board, committee, authority, or commission, provided that the designee shall not execute or cause a facsimile of the designee's signature to be placed on any obligation, or execute any trust agreement or indenture. The designation shall be in writing, executed by the designating executive director, filed with the secretary of the board, committee, authority, or commission, and shall be in effect until withdrawn or superseded by a new designation.
Sec. 121.06.  The officers mentioned in sections 121.04, 121.041 to 121.049, and 121.05 of the Revised Code shall be appointed by the executive director of the department in which their offices or divisions are respectively created, and shall hold office during the pleasure of such the executive director.
Sec. 121.07.  (A) Except as otherwise provided in this division, the The officers mentioned in sections 121.04, 121.041 to 121.049, and 121.05 of the Revised Code and the offices and divisions they administer shall be under the direction, supervision, and control of the executive directors of their respective departments, and those officers shall perform such the duties as the their respective executive directors prescribe. In performing or exercising any of the examination or regulatory functions, powers, or duties vested by Title XI, Chapters 1733. and 1761., and sections 1315.01 to 1315.18 of the Revised Code in the superintendent of financial institutions, the superintendent of financial institutions and the division of financial institutions are independent of and are not subject to the control of the department or the director of commerce.
(B) With the approval of the governor, the The executive director of each department shall establish divisions within the department, and distribute the work of the department among such the divisions. Each officer created by section 121.04 of the Revised Code shall be the head of such a division.
With the approval of the governor, the director of each department may consolidate any two or more of the offices created in the department by section 121.04 of the Revised Code, or reduce the number of or create new divisions therein.
The listed in sections 121.04 and 121.041 to 121.049 of the Revised Code in accordance with those sections and any other applicable provision of law. The executive director of each department may prescribe rules for the government of the department, the conduct of its employees, the performance of its business, and the custody, use, and preservation of the records, papers, books, documents, and property pertaining thereto to the department.
Sec. 121.11.  (A) Each officer whose executive director position or whose office or division is created by sections 121.02, 121.04, 121.041 to 121.049, and 121.05 of the Revised Code, before entering upon the officer's duties of office, shall take and subscribe an oath of office as provided by law and give bond, conditioned according to law, with security to be approved by the governor in the penal sum, not less than ten thousand dollars, fixed by the governor. The department of administrative services finance and operations may procure from any duly authorized corporate surety a blanket bond covering the officers described in those sections and any other officers the governor designates. The bond and oath of the officers described in those sections shall be filed in the office of the secretary of state.
(B) The executive director of each department, with the approval of the governor, may require any chief of a division, or any officer or employee in the executive director's department, to give bond in the amount the governor prescribes. The bond or bonds may, in the discretion of the executive director, be individual, schedule, or blanket bonds.
(C) The premium on any bond required or authorized by this section may be paid from the state treasury.
Sec. 121.13.  The executive director of each department may, with the approval of the governor, may establish and appoint advisory boards to aid in the conduct of the work of his the executive director's department or any division thereof of the department. Such The advisory boards shall exercise no administrative function, and their members shall receive no compensation, but may receive their actual and necessary expenses.
Sec. 121.15.  The executive director of each department shall, with the approval of the governor, shall maintain a central office at a location in the state that the executive director finds necessary for the efficient performance of the department. The central office of a department shall not be relocated from Columbus to another location in this state until the executive director of the department has conducted a cost-benefit analysis of the relocation and provided a copy of the analysis to the governor, the speaker of the house of representatives, and the president of the senate and the relocation has been approved by an act of the general assembly.
The executive director of each department may, with the approval of the governor, may establish and maintain, at places other than the location of the central office, branch offices for the conduct of any one or more functions of the department.
No relocation of departments or employees of departments from one location in this state to another shall be carried out that will result in an increase in the total number of employees of all departments or an increase in the total number of employees in any department that is relocated. This section does not prevent a department from increasing the number of its employees to meet the demands of its workload or for any other reason arising from circumstances unrelated to the department's relocation.
Sec. 121.17.  Under the direction of the governor, the executive directors of departments shall devise a practical and working basis for co-operation cooperation and co-ordination coordination of work and for the elimination of duplication and overlapping functions. They shall co-operate cooperate with each other in the employment of services and the use of quarters and equipment. The executive director of any department may empower or require an employee of another department, subject to the consent of the superior officer of the employee, to perform any duty which he that the executive director might require of his the director's own subordinates.
Section 2. That existing sections 121.02, 121.03, 121.05, 121.06, 121.07, 121.11, 121.13, 121.15, and 121.17 of the Revised Code are hereby repealed.
Section 3. That section 121.04 of the Revised Code is hereby repealed.
Section 4. Sections 1, 2, and 3 of this act take effect on January 1, 2011. Prior to that effective date, the General Assembly shall enact legislation that amends, repeals, and enacts the sections of the Revised Code that are necessary to implement this act and to provide for orderly transfer of the duties and functions of the several executive departments and public bodies of state government to the departments that are created by the amendment of this act to section 121.02 of the Revised Code and whose responsibilities are delineated by the enactment by this act of sections 121.04 and 121.041 to 121.049 of the Revised Code, as enacted by this act.
Please send questions and comments to the Webmaster.
© 2014 Legislative Information Systems | Disclaimer
Index of Legislative Web Sites