Bill Text: OH HB140 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To require the President and Minority Leader of the Senate and the Speaker and Minority Leader of the House of Representatives to determine the hours of operation for the Ohio Statehouse and to establish policies for the management of, and access to, the building.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2011-03-03 - To State Government & Elections [HB140 Detail]

Download: Ohio-2011-HB140-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 140

Representative Hagan, R. 

Cosponsors: Representatives Murray, Yuko, Fedor, Foley, Goyal, Weddington, Pillich, Sykes, Ramos, Williams, Lundy, Antonio 

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A BILL

To amend section 105.41 and to enact section 101.61

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of the Revised Code to require the President and

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Minority Leader of the Senate and the Speaker and

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Minority Leader of the House of Representatives to

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determine the hours of operation for the Ohio

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Statehouse and to establish policies for the

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management of, and access to, the building.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 105.41 be amended and section 101.61	8
of the Revised Code be enacted to read as follows:	9

Sec. 101.61.  The president and minority leader of the senate	10
and the speaker and minority leader of the house of	11
representatives shall jointly establish hours of operation for the	12
statehouse and policies for the management of, and access to, the	13
building. Those legislative leaders shall notify the capitol	14
square review and advisory board of the hours of operation and	15
management and access policies so adopted.	16

Sec. 105.41.  (A) There is hereby created the capitol square	17
review and advisory board, consisting of thirteen members as	18
follows:	19

(1) Two members of the senate, appointed by the president of	20
the senate, both of whom shall not be members of the same	21
political party;	22

(2) Two members of the house of representatives, appointed by	23
the speaker of the house of representatives, both of whom shall	24
not be members of the same political party;	25

(3) Five members appointed by the governor, with the advice	26
and consent of the senate, not more than three of whom shall be	27
members of the same political party, one of whom shall be the	28
chief of staff of the governor's office, one of whom shall	29
represent the Ohio arts council, one of whom shall represent the	30
Ohio historical society, one of whom shall represent the Ohio	31
building authority, and one of whom shall represent the public at	32
large;	33

(4) One member, who shall be a former president of the	34
senate, appointed by the current president of the senate. If the	35
current president of the senate, in the current president's	36
discretion, decides for any reason not to make the appointment or	37
if no person is eligible or available to serve, the seat shall	38
remain vacant.	39

(5) One member, who shall be a former speaker of the house of	40
representatives, appointed by the current speaker of the house of	41
representatives. If the current speaker of the house of	42
representatives, in the current speaker's discretion, decides for	43
any reason not to make the appointment or if no person is eligible	44
or available to serve, the seat shall remain vacant.	45

(6) The clerk of the senate and the clerk of the house of	46
representatives.	47

(B) Terms of office of each appointed member of the board	48
shall be for three years, except that members of the general	49
assembly appointed to the board shall be members of the board only	50
so long as they are members of the general assembly and the chief	51
of staff of the governor's office shall be a member of the board	52
only so long as the appointing governor remains in office. Each	53
member shall hold office from the date of the member's appointment	54
until the end of the term for which the member was appointed. In	55
case of a vacancy occurring on the board, the president of the	56
senate, the speaker of the house of representatives, or the	57
governor, as the case may be, shall in the same manner prescribed	58
for the regular appointment to the commission, fill the vacancy by	59
appointing a member. Any member appointed to fill a vacancy	60
occurring prior to the expiration of the term for which the	61
member's predecessor was appointed shall hold office for the	62
remainder of the term. Any appointed member shall continue in	63
office subsequent to the expiration date of the member's term	64
until the member's successor takes office, or until a period of	65
sixty days has elapsed, whichever occurs first.	66

(C) The board shall hold meetings in a manner and at times	67
prescribed by the rules adopted by the board. A majority of the	68
board constitutes a quorum, and no action shall be taken by the	69
board unless approved by at least six members or by at least seven	70
members if a person is appointed under division (A)(4) or (5) of	71
this section. At its first meeting, the board shall adopt rules	72
for the conduct of its business and the election of its officers,	73
and shall organize by selecting a chairperson and other officers	74
as it considers necessary. Board members shall serve without	75
compensation but shall be reimbursed for actual and necessary	76
expenses incurred in the performance of their duties.	77

(D) The board may do any of the following:

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(1) Employ or hire on a consulting basis professional,	79
technical, and clerical employees as are necessary for the	80
performance of its duties;	81

(2) Hold public hearings at times and places as determined by	82
the board;	83

(3) Adopt, amend, or rescind rules necessary to accomplish	84
the duties of the board as set forth in this section;	85

(4) Sponsor, conduct, and support such social events as the	86
board may authorize and consider appropriate for the employees of	87
the board, employees and members of the general assembly,	88
employees of persons under contract with the board or otherwise	89
engaged to perform services on the premises of capitol square, or	90
other persons as the board may consider appropriate. Subject to	91
the requirements of Chapter 4303. of the Revised Code, the board	92
may provide beer, wine, and intoxicating liquor, with or without	93
charge, for those events and may use funds only from the sale of	94
goods and services fund to purchase the beer, wine, and	95
intoxicating liquor the board provides;	96

(5) Purchase a warehouse in which to store items of the	97
capitol collection trust and, whenever necessary, equipment or	98
other property of the board.	99

(E) The board shall do all of the following:

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(1) Have sole authority to coordinate and approve any	101
improvements, additions, and renovations that are made to the	102
capitol square. The improvements shall include, but not be limited	103
to, the placement of monuments and sculpture on the capitol	104
grounds.	105

(2) Subject to sectionsections 101.61 and 3353.07 of the	106
Revised Code, operate the capitol square, and have sole authority	107
to regulate all uses of the capitol square. The uses shall	108
include, but not be limited to, the casual and recreational use of	109
the capitol square.	110

(3) Employ, fix the compensation of, and prescribe the duties	111
of the executive director of the board and other employees the	112
board considers necessary for the performance of its powers and	113
duties;	114

(4) Establish and maintain the capitol collection trust. The	115
capitol collection trust shall consist of furniture, antiques, and	116
other items of personal property that the board shall store in	117
suitable facilities until they are ready to be displayed in the	118
capitol square.	119

(5) Perform repair, construction, contracting, purchasing,	120
maintenance, supervisory, and operating activities the board	121
determines are necessary for the operation and maintenance of the	122
capitol square;	123

(6) Maintain and preserve the capitol square, in accordance	124
with guidelines issued by the United States secretary of the	125
interior for application of the secretary's standards for	126
rehabilitation adopted in 36 C.F.R. part 67;	127

(7) Plan and develop a center at the capitol building for the	128
purpose of educating visitors about the history of Ohio, including	129
its political, economic, and social development and the design and	130
erection of the capitol building and its grounds.	131

(F)(1) The board shall lease capital facilities improved or	132
financed by the Ohio building authority pursuant to Chapter 152.	133
of the Revised Code for the use of the board, and may enter into	134
any other agreements with the authority ancillary to improvement,	135
financing, or leasing of those capital facilities, including, but	136
not limited to, any agreement required by the applicable bond	137
proceedings authorized by Chapter 152. of the Revised Code. Any	138
lease of capital facilities authorized by this section shall be	139
governed by division (D) of section 152.24 of the Revised Code.	140

(2) Fees, receipts, and revenues received by the board from	141
the state underground parking garage constitute available receipts	142
as defined in section 152.09 of the Revised Code, and may be	143
pledged to the payment of bond service charges on obligations	144
issued by the Ohio building authority pursuant to Chapter 152. of	145
the Revised Code to improve, finance, or purchase capital	146
facilities useful to the board. The authority may, with the	147
consent of the board, provide in the bond proceedings for a pledge	148
of all or a portion of those fees, receipts, and revenues as the	149
authority determines. The authority may provide in the bond	150
proceedings or by separate agreement with the board for the	151
transfer of those fees, receipts, and revenues to the appropriate	152
bond service fund or bond service reserve fund as required to pay	153
the bond service charges when due, and any such provision for the	154
transfer of those fees, receipts, and revenues shall be	155
controlling notwithstanding any other provision of law pertaining	156
to those fees, receipts, and revenues.	157

(3) All moneys received by the treasurer of state on account	158
of the board and required by the applicable bond proceedings or by	159
separate agreement with the board to be deposited, transferred, or	160
credited to the bond service fund or bond service reserve fund	161
established by the bond proceedings shall be transferred by the	162
treasurer of state to such fund, whether or not it is in the	163
custody of the treasurer of state, without necessity for further	164
appropriation, upon receipt of notice from the Ohio building	165
authority as prescribed in the bond proceedings.	166

(G) All fees, receipts, and revenues received by the board	167
from the state underground parking garage shall be deposited into	168
the state treasury to the credit of the underground parking garage	169
operating fund, which is hereby created, to be used for the	170
purposes specified in division (F) of this section and for the	171
operation and maintenance of the garage. All investment earnings	172
of the fund shall be credited to the fund.	173

(H) All donations received by the board shall be deposited	174
into the state treasury to the credit of the capitol square	175
renovation gift fund, which is hereby created. The fund shall be	176
used by the board as follows:	177

(1) To provide part or all of the funding related to	178
construction, goods, or services for the renovation of the capitol	179
square;	180

(2) To purchase art, antiques, and artifacts for display at	181
the capitol square;	182

(3) To award contracts or make grants to organizations for	183
educating the public regarding the historical background and	184
governmental functions of the capitol square. Chapters 125., 127.,	185
and 153. and section 3517.13 of the Revised Code do not apply to	186
purchases made exclusively from the fund, notwithstanding anything	187
to the contrary in those chapters or that section. All investment	188
earnings of the fund shall be credited to the fund.	189

(I) Except as provided in divisions (G), (H), and (J) of this	190
section, all fees, receipts, and revenues received by the board	191
shall be deposited into the state treasury to the credit of the	192
sale of goods and services fund, which is hereby created. Money	193
credited to the fund shall be used solely to pay costs of the	194
board other than those specified in divisions (F) and (G) of this	195
section. All investment earnings of the fund shall be credited to	196
the fund.	197

(J) There is hereby created in the state treasury the capitol	198
square improvement fund, to be used by the board to pay	199
construction, renovation, and other costs related to the capitol	200
square for which money is not otherwise available to the board.	201
Whenever the board determines that there is a need to incur those	202
costs and that the unencumbered, unobligated balance to the credit	203
of the underground parking garage operating fund exceeds the	204
amount needed for the purposes specified in division (F) of this	205
section and for the operation and maintenance of the garage, the	206
board may request the director of budget and management to	207
transfer from the underground parking garage operating fund to the	208
capitol square improvement fund the amount needed to pay such	209
construction, renovation, or other costs. The director then shall	210
transfer the amount needed from the excess balance of the	211
underground parking garage operating fund.	212

(K) As the operation and maintenance of the capitol square	213
constitute essential government functions of a public purpose, the	214
board shall not be required to pay taxes or assessments upon the	215
square, upon any property acquired or used by the board under this	216
section, or upon any income generated by the operation of the	217
square.	218

(L) As used in this section, "capitol square" means the	219
capitol building, senate building, capitol atrium, capitol	220
grounds, the state underground parking garage, and the warehouse	221
owned by the board.	222

(M) The capitol annex shall be known as the senate building.

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Section 2.  That existing section 105.41 of the Revised Code	224
is hereby repealed.	225