Bill Title: To ban the use of prison labor at the Governor's residence and to provide that, in general, no executive order and no policy, rule, or practice may require prior approval, control, or management of State Highway Patrol Investigations by the Governor, Director of Public Safety or other official of the Department, or legal counsel.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Engrossed - Dead) 2010-06-02 - Passed 3rd Consideration House
[SB260 Detail]Download: Ohio-2009-SB260-Engrossed.html
As Passed by the Senate
| 128th General Assembly | | Regular Session | | 2009-2010 |
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Cosponsors:
Senators Hughes, Cates, Grendell, Harris, Patton, Schaffer, Stewart
A BILL
| To amend section 107.40 and to enact section 5503.031 | 1 |
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of the Revised Code to ban the use of prison labor | 2 |
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at the Governor's residence and to provide that, | 3 |
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in general, no executive order and no policy, | 4 |
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rule, or practice may require prior approval, | 5 |
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control, or management of State Highway Patrol | 6 |
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Investigations by the Governor, Director of Public | 7 |
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Safety or other official of the Department, or | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 107.40 be amended and section | 10 |
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5503.031 of the Revised Code be enacted to read as follows: | 11 |
| Sec. 107.40. (A) There is hereby created the governor's | 12 |
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residence advisory commission. The commission shall provide for | 13 |
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the preservation, restoration, acquisition, and conservation of | 14 |
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all decorations, objects of art, chandeliers, china, silver, | 15 |
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statues, paintings, furnishings, accouterments, and other | 16 |
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aesthetic materials that have been acquired, donated, loaned, or | 17 |
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otherwise obtained by the state for the governor's residence and | 18 |
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that have been approved by the commission. In addition, the | 19 |
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commission shall provide for the maintenance of plants that have | 20 |
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been acquired, donated, loaned, or otherwise obtained by the state | 21 |
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for the governor's residence and that have been approved by the | 22 |
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commission. | 23 |
| (B) The commission shall be responsible for the care, | 24 |
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provision, repair, and placement of furnishings and other objects | 25 |
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and accessories of the grounds and public areas of the first story | 26 |
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of the governor's residence and for the care and placement of | 27 |
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plants on the grounds. The commission shall not exercise its | 28 |
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responsibility under this division by using prison labor. In | 29 |
exercising thisits responsibility under this division, the | 30 |
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commission shall preserve and seek to further establish all of the | 31 |
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following: | 32 |
| (1) The authentic ambiance and decor of the historic era | 33 |
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during which the governor's residence was constructed; | 34 |
| (2) The grounds as a representation of Ohio's natural | 35 |
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ecosystems; | 36 |
| (3) The heritage garden for all of the following purposes: | 37 |
| (a) To preserve, sustain, and encourage the use of native | 38 |
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flora throughout the state; | 39 |
| (b) To replicate the state's physiographic regions, plant | 40 |
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communities, and natural landscapes; | 41 |
| (c) To serve as an educational garden that demonstrates the | 42 |
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artistic, industrial, political, horticultural, and geologic | 43 |
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history of the state through the use of plants; | 44 |
| (d) To serve as a reservoir of rare species of plants from | 45 |
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the physiographic regions of the state. | 46 |
| These duties shall not affect the obligation of the | 47 |
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department of administrative services to provide for and adopt | 48 |
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policies and procedures regarding the use, general maintenance, | 49 |
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and operating expenses of the governor's residence. The department | 50 |
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shall not use prison labor in providing for the general | 51 |
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maintenance of the governor's residence. | 52 |
| (C) The commission shall consist of eleven members. One | 53 |
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member shall be the director of administrative services or the | 54 |
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director's designee, who shall serve during the director's term of | 55 |
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office and shall serve as chairperson. One member shall be the | 56 |
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director of the Ohio historical society or the director's | 57 |
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designee, who shall serve during the director's term of office and | 58 |
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shall serve as vice-chairperson. One member shall represent the | 59 |
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Columbus landmarks foundation. One member shall represent the | 60 |
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Bexley historical society. One member shall be the mayor of the | 61 |
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city of Bexley, who shall serve during the mayor's term of office. | 62 |
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One member shall be the chief executive officer of the Franklin | 63 |
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park conservatory joint recreation district, who shall serve | 64 |
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during the term of employment as chief executive officer. The | 65 |
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remaining five members shall be appointed by the governor with the | 66 |
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advice and consent of the senate. The five members appointed by | 67 |
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the governor shall be persons with knowledge of Ohio history, | 68 |
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architecture, decorative arts, or historic preservation, and one | 69 |
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of those members shall have knowledge of landscape architecture, | 70 |
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garden design, horticulture, and plants native to this state. | 71 |
| (D) Of the initial appointees, the representative of the | 72 |
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Columbus landmarks foundation shall serve for a term expiring | 73 |
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December 31, 1996, and the representative of the Bexley historical | 74 |
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society shall serve for a term expiring December 31, 1997. Of the | 75 |
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five members appointed by the governor, three shall serve for | 76 |
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terms ending December 31, 1998, and two shall serve for terms | 77 |
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ending December 31, 1999. Thereafter, each term shall be for four | 78 |
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years, commencing on the first day of January and ending on the | 79 |
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last day of December. The member having knowledge of landscape | 80 |
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architecture, garden design, horticulture, and plants native to | 81 |
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this state initially shall be appointed upon the first vacancy on | 82 |
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the commission occurring on or after June 30, 2006. | 83 |
| Each member shall hold office from the date of the member's | 84 |
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appointment until the end of the term for which the member was | 85 |
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appointed. Any member appointed to fill a vacancy occurring prior | 86 |
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to the end of the term for which the member's predecessor was | 87 |
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appointed shall hold office for the remainder of the term. Any | 88 |
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member shall continue in office subsequent to the expiration of | 89 |
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the term until the member's successor takes office. | 90 |
| (E) Six members of the commission constitute a quorum, and | 91 |
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the affirmative vote of six members is required for approval of | 92 |
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any action by the commission. | 93 |
| (F) After each initial member of the commission has been | 94 |
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appointed, the commission shall meet and select one member as | 95 |
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secretary and another as treasurer. Organizational meetings of the | 96 |
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commission shall be held at the time and place designated by call | 97 |
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of the chairperson. Meetings of the commission may be held | 98 |
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anywhere in the state and shall be in compliance with Chapters | 99 |
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121. and 149. of the Revised Code. The commission may adopt, | 100 |
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pursuant to section 111.15 of the Revised Code, rules necessary to | 101 |
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carry out the purposes of this section. | 102 |
| (G) Members of the commission shall serve without | 103 |
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remuneration, but shall be compensated for actual and necessary | 104 |
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expenses incurred in the performance of their official duties. | 105 |
| (H) All expenses incurred in carrying out this section are | 106 |
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payable solely from money accrued under this section or | 107 |
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appropriated for these purposes by the general assembly, and the | 108 |
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commission shall incur no liability or obligation beyond such | 109 |
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money. | 110 |
| (I) Except as otherwise provided in this division, the | 111 |
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commission may accept any payment for the use of the governor's | 112 |
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residence or may accept any donation, gift, bequest, or devise for | 113 |
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the governor's residence or as an endowment for the maintenance | 114 |
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and care of the garden on the grounds of the governor's residence | 115 |
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in furtherance of its duties. The commission shall not accept any | 116 |
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donation, gift, bequest, or devise from a person, individual, or | 117 |
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member of an individual's immediate family if the person or | 118 |
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individual is receiving payments under a contract with the state | 119 |
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or a state agency for the purchase of supplies, services, or | 120 |
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equipment or for the construction, reconstruction, improvement, | 121 |
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enlargement, alteration, repair, painting, or decoration of a | 122 |
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public improvement, except for payments received under an | 123 |
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employment contract or a collective bargaining agreement. Any | 124 |
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revenue received by the commission shall be deposited into the | 125 |
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governor's residence fund, which is hereby established in the | 126 |
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state treasury, for use by the commission in accordance with the | 127 |
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performance of its duties. All investment earnings of the fund | 128 |
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shall be credited to the fund. Title to all property acquired by | 129 |
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the commission shall be taken in the name of the state and shall | 130 |
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be held for the use and benefit of the commission. | 131 |
| (J) Nothing in this section limits the ability of a person or | 132 |
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other entity to purchase decorations, objects of art, chandeliers, | 133 |
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china, silver, statues, paintings, furnishings, accouterments, | 134 |
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plants, or other aesthetic materials for placement in the | 135 |
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governor's residence or on the grounds of the governor's residence | 136 |
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or donation to the commission. No such object or plant, however, | 137 |
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shall be placed on the grounds or public areas of the first story | 138 |
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of the governor's residence without the consent of the commission. | 139 |
| (K) The heritage garden established under this section shall | 140 |
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be officially known as "the heritage garden at the Ohio governor's | 141 |
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residence." | 142 |
| (L) As used in this section, "heritage garden" means the | 143 |
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botanical garden of native plants established at the governor's | 144 |
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residence. | 145 |
| Sec. 5503.031. (A) On and after the effective date of this | 146 |
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section, subject to division (B) of this section, no executive | 147 |
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order, no policy or practice of the office of the governor, and no | 148 |
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policy, rule, or practice of the department of public safety may | 149 |
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do any of the following: | 150 |
| (1) Require that the state highway patrol, or the | 151 |
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superintendent or any trooper of the patrol, obtain approval of | 152 |
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the governor, the director or another official of the department | 153 |
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of public safety, or legal counsel for any of those officials in | 154 |
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order for the patrol or its troopers to commence or continue any | 155 |
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criminal or administrative investigation that pertains to the | 156 |
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enforcement of any laws in relation to which section 5503.02, | 157 |
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5503.07, or 5503.34 of the Revised Code or any other provision of | 158 |
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law that grants the patrol, the superintendent, or troopers | 159 |
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enforcement, investigative, or other law enforcement duties or | 160 |
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authority; | 161 |
| (2) Authorize the governor, the director or another official | 162 |
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of the department of public safety, or legal counsel for any of | 163 |
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those officials to direct, control, or manage an investigation by | 164 |
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the state highway patrol, or the superintendent or troopers of the | 165 |
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patrol, of a type referred to in division (A)(1) of this section | 166 |
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or any aspect of any such investigation; | 167 |
| (3) Restrict the state highway patrol, or the superintendent | 168 |
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or any trooper of the patrol, from conferring with the attorney | 169 |
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general or an appropriate prosecuting authority regarding the | 170 |
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enforcement of any laws referred to in division (A)(1) of this | 171 |
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section or regarding an investigation of a type referred to in | 172 |
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that division; | 173 |
| (4) Require that the state highway patrol, or the | 174 |
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superintendent or any trooper of the patrol, obtain approval of | 175 |
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the governor, the director or another official of the department | 176 |
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of public safety, or legal counsel for any of those officials in | 177 |
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order to refer any matter to an appropriate prosecuting authority. | 178 |
| (B)(1) Divisions (A)(1) and (2) of this section do not apply | 179 |
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to an investigation of a type described in that division if any | 180 |
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matter that is the subject of the investigation or to which the | 181 |
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investigation relates is within the jurisdiction or authority of | 182 |
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the division of homeland security and one of the following | 183 |
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applies: | 184 |
| (a) As to the application of division (A)(1) of this section, | 185 |
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the official from whom approval to commence or continue the | 186 |
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investigation must be obtained is the director of public safety or | 187 |
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the executive director of the division. | 188 |
| (b) As to the application of division (A)(2) of this section, | 189 |
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the official who is authorized to direct, control, or manage the | 190 |
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investigation is the director of public safety or the executive | 191 |
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director of the division. | 192 |
| (2) Division (A)(3) of this section does not apply to the | 193 |
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enforcement of any laws referred to in division (A)(1) of this | 194 |
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section or an investigation of a type referred to in that division | 195 |
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if any matter that is the basis for the enforcement of the laws or | 196 |
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that is the subject of the investigation or to which the | 197 |
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investigation relates is within the jurisdiction or authority of | 198 |
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the division of homeland security and the restriction requires | 199 |
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approval of the director of public safety or the executive | 200 |
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director of the division before conferring with the attorney | 201 |
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general or any prosecuting authority. | 202 |
| (3) Division (A)(4) of this section does not apply to the | 203 |
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referral of any matter to a prosecuting authority if the matter is | 204 |
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within the jurisdiction or authority of the division of homeland | 205 |
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security and the official from whom approval to refer the matter | 206 |
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must be obtained is the director of public safety or the executive | 207 |
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director of the division. | 208 |
| (C)(1) On and after the effective date of this section, no | 209 |
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provision of an executive order, policy, rule, or practice that | 210 |
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imposes a requirement, authorization, or restriction in violation | 211 |
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of division (A) of this section is enforceable. | 212 |
| (2) Division (C)(1) of this section applies to all executive | 213 |
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orders, policies, rules, and practices of the type described in | 214 |
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that division, regardless of whether the executive order, policy, | 215 |
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rule, or practice was issued, prescribed, or adopted prior to, on, | 216 |
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or after the effective date of this section. | 217 |
| (D) As used in this section: | 218 |
| (1) "Another official of the department of public safety" | 219 |
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does not include the superintendent or any trooper of the state | 220 |
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highway patrol. | 221 |
| (2) "Division of homeland security" means the division of | 222 |
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homeland security of the department of public safety. | 223 |
| (3) "Policy, rule, or practice of the department of public | 224 |
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safety" includes any policy, rule, or practice of the department | 225 |
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issued, prescribed, or adopted pursuant to section 5502.011 of the | 226 |
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Revised Code or pursuant to any other provision of law. | 227 |
| Section 2. That existing section 107.40 of the Revised Code | 228 |
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is hereby repealed. | 229 |
