As Introduced 1
123rd General Assembly 4
Regular Session H.B. No. 13 5
1999-2000 6
REPRESENTATIVES MOTTLEY-HARRIS-BUCHY-VAN VYVEN- 8
SCHURING-KREBS-HOOD-OPFER-TERWILLEGER- 9
OLMAN-CATES-CALVERT-SULLIVAN-YOUNG 10
11
A B I L L
To amend sections 103.14, 119.03, 119.031, 121.24, 13
and 127.18 of the Revised Code to require the 15
Legislative Budget Office of the Legislative 16
Service Commission to include in its fiscal 18
analysis of a bill or resolution, and each of
certain agencies to include in its fiscal 21
analysis of a proposed rule, information 22
explaining the economic impact of the bill, 23
resolution, or rule on Ohio businesses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 103.14, 119.03, 119.031, 121.24, 26
and 127.18 of the Revised Code be amended to read as follows: 27
Sec. 103.14. (A) If a bill OR RESOLUTION introduced in 38
the general assembly appears to affect the revenues or 39
expenditures of the state, OR a county, municipal corporation, 40
township, school district, or other governmental entity of the 41
state, the Ohio legislative budget office of the Ohio legislative 42
service commission shall, before the bill OR RESOLUTION is 43
recommended for passage by the house committee or the senate 45
committee of the general assembly to which the bill OR RESOLUTION 46
was referred and again before the bill OR RESOLUTION is taken up 48
for final consideration by either house of the general assembly, 49
prepare a fiscal analysis of the bill or resolution. The fiscal 50
analysis shall include an estimate, in dollars, of the amount by 51
2
which the bill OR RESOLUTION would increase or decrease revenues 53
or expenditures and any other information the Ohio legislative 54
budget office considers necessary to explain the fiscal effect of 55
the bill or resolution.
(B) The Ohio legislative budget office shall distribute 57
copies of a fiscal analysis in accordance with either of the 58
following: 59
(1) For consideration by the senate or house rules 61
committee, or the standing committee to which a bill OR 62
RESOLUTION is referred, two copies to the chairman CHAIRPERSON 64
together with a copy to each member of the committee; 65
(2) For final consideration, a copy to each member of the 67
house that is considering the bill OR RESOLUTION. 68
If the member who introduced the bill or resolution is not 70
a member of the house or rules committee considering the bill OR 71
RESOLUTION, the Ohio legislative budget office shall send him THE 73
MEMBER a copy. 74
(C) In preparing a fiscal analysis, the Ohio legislative 76
budget office may request any department, division, institution, 77
board, commission, authority, bureau, or other instrumentality or 78
officer of the state, OR a county, municipal corporation, 79
township, school district, or other governmental entity of the 80
state, to provide any of the following information: 81
(1) An estimate, in dollars, of the amount by which the 83
bill or resolution would increase or decrease the revenues or 84
expenditures received or made by the instrumentality, officer, or 85
entity; 86
(2) Any other information the Ohio legislative budget 88
office considers necessary for it to understand or explain the 89
fiscal effect of the bill OR RESOLUTION. 90
An instrumentality, officer, or entity shall comply with a 92
request as soon as reasonably possible after it receives the 93
request. The Ohio legislative budget office shall specify the 94
manner of compliance in its request, and, if necessary, may 96
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specify a longer period of time than five days for compliance. 97
The Ohio legislative budget office may consider any information 98
provided under this division in preparing a fiscal analysis. 99
(D) IF A BILL OR RESOLUTION INTRODUCED IN THE GENERAL 101
ASSEMBLY HAS A FISCAL EFFECT ON OHIO BUSINESSES, THE CHAIRPERSON 104
OF THE STANDING COMMITTEE OR STANDING SUBCOMMITTEE IN EITHER 105
HOUSE OF THE GENERAL ASSEMBLY TO WHICH THE BILL OR RESOLUTION IS 106
REFERRED MAY REQUEST THAT THE FISCAL ANALYSIS PREPARED FOR THE 107
BILL OR RESOLUTION UNDER DIVISION (A) OF THIS SECTION INCLUDE AN 108
ECONOMIC IMPACT ANALYSIS. THAT CHAIRPERSON'S REQUEST SHALL BE 109
SUBMITTED TO THE CHAIRPERSON OF THE STANDING COMMITTEE IN THE 110
SAME HOUSE THAT HAS JURISDICTION OVER MATTERS OF FINANCE. THE 111
FINANCE CHAIRPERSON THEN SHALL DETERMINE WHETHER TO APPROVE THE 112
REQUEST, TAKING INTO CONSIDERATION BOTH OF THE FOLLOWING: 113
(1) THE LIKELIHOOD, IN THE FINANCE CHAIRPERSON'S OPINION, 116
THAT THE BILL OR RESOLUTION WOULD HAVE A SIGNIFICANT ECONOMIC
IMPACT ON OHIO BUSINESSES; 118
(2) THE WORKLOAD AND BUDGETARY LIMITATIONS OF THE OHIO 120
LEGISLATIVE BUDGET OFFICE. 121
UPON APPROVING A REQUEST FOR AN ECONOMIC IMPACT ANALYSIS, 124
THE FINANCE CHAIRPERSON SHALL DIRECT THE DIRECTOR OF THE OHIO 126
LEGISLATIVE BUDGET OFFICE TO INCLUDE AN ECONOMIC IMPACT ANALYSIS 127
IN THE FISCAL ANALYSIS PREPARED FOR THE BILL OR RESOLUTION.
(E) AN ECONOMIC IMPACT ANALYSIS SHALL CONSIST OF ALL OF 130
THE FOLLOWING INFORMATION:
(1) AN ESTIMATE OF THE AMOUNT BY WHICH THE BILL OR 132
RESOLUTION WOULD INCREASE OR DECREASE THE REVENUES OR 134
EXPENDITURES OF OHIO BUSINESSES;
(2) THE IMPACT OF THE BILL OR RESOLUTION ON THE ABILITY OF 136
A SMALL BUSINESS TO BECOME ESTABLISHED AND TO GROW DURING THE 138
FIRST THREE YEARS OF ITS OPERATION;
(3) THE IMPACT OF THE BILL OR RESOLUTION ON OHIO 140
COMPETITIVENESS AS INDICATED BY ITS EFFECT ON A BUSINESS THAT, 142
BECAUSE OF ANY OF THE FOLLOWING FACTORS, HAS THE ABILITY TO 143
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RELOCATE TO ANOTHER STATE AT RELATIVELY LOW COST BECAUSE OF AN
UNFAVORABLE CHANGE IN THE TAXATION OR BUSINESS CLIMATE IN THE 144
STATE IN WHICH IT IS CURRENTLY LOCATED: 145
(a) EASE OF MOBILITY DUE TO A RELATIVELY LOW QUANTITY OF 147
FIXED CAPITAL; 148
(b) THE AVAILABILITY OF A SUITABLE LABOR FORCE; 150
(c) ITS LOCATION RELATIVE TO ITS CUSTOMERS. 152
IN DETERMINING THE IMPACT OF THE BILL OR RESOLUTION ON OHIO 154
COMPETITIVENESS, THE OHIO LEGISLATIVE BUDGET OFFICE SHALL COMPARE 156
THE BILL OR RESOLUTION WITH SIMILAR LAWS AND REGULATIONS THAT 158
AFFECT BUSINESSES IN OTHER STATES, IF ANY, AND DETERMINE WHETHER 159
THE BILL OR RESOLUTION WOULD MAKE OHIO MORE LENIENT, LESS 160
LENIENT, OR ABOUT THE SAME AS OTHER STATES WITH REGARD TO THE 161
REGULATION OF SIMILAR BUSINESSES. 162
(4) ANY OTHER INFORMATION THE OHIO LEGISLATIVE BUDGET 164
OFFICE CONSIDERS NECESSARY TO EXPLAIN THE FISCAL EFFECT OF THE 166
BILL OR RESOLUTION ON OHIO BUSINESSES. 168
AS USED IN THIS DIVISION, "SMALL BUSINESS" HAS THE SAME 170
MEANING AS IN SECTION 121.24 OF THE REVISED CODE. 171
(F) The failure of the Ohio legislative budget office to 173
prepare a fiscal analysis before a bill or resolution is taken up 174
for consideration by the house or senate committees, or by either 175
or both houses for final consideration, shall not be construed to 176
impair the validity of any bill OR RESOLUTION passed by either or 177
both houses of the general assembly. 179
Sec. 119.03. In the adoption, amendment, or rescission of 188
any rule, an agency shall comply with the following procedure: 189
(A) Reasonable public notice shall be given at least 191
thirty days prior to the date set for a hearing, in the manner 192
and form and for the length of time as the agency determines and 193
shall include: 194
(1) A statement of the agency's intention to consider 196
adopting, amending, or rescinding a rule; 197
(2) A synopsis of the proposed rule, amendment, or rule to 199
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be rescinded or a general statement of the subject matter to 200
which the proposed rule, amendment, or rescission relates; 201
(3) A statement of the reason or purpose for adopting, 203
amending, or rescinding the rule; 204
(4) The date, time, and place of a hearing on the proposed 206
action, which shall be not earlier than thirty nor later than 207
fifty days after the proposed rule, amendment, or rescission is 208
filed under division (B) of this section. In addition to public 209
notice, the agency may give whatever other notice it considers 210
necessary. Each agency shall adopt a rule setting forth in 211
detail the method that the agency shall follow in giving public 212
notice as to the adoption, amendment, or rescission of rules. The 214
rule shall require the agency to provide the public notice
required under division (A) of this section to any person who 215
requests it and pays a reasonable fee, not to exceed the cost of 216
copying and mailing. The methods used for notification may 217
include, but are not limited to, mailing notices to all 218
subscribers on a mailing list or mailing notices in addressed, 219
stamped envelopes provided by the person requesting the notice. 220
(B) One copy of the full text of the proposed rule, 222
amendment, or rule to be rescinded, accompanied by one copy of 223
the public notice required under division (A) of this section, 224
shall be filed with the secretary of state. Two copies of the 225
full text of the proposed rule, amendment, or rule to be 226
rescinded, accompanied by two copies of the public notice 227
required under division (A) of this section, shall be filed with 228
the director of the legislative service commission. (If in 229
compliance with this division an agency files more than one 230
proposed rule, amendment, or rescission at the same time, and has 231
given a public notice under division (A) of this section that 232
applies to more than one of the proposed rules, amendments, or 233
rescissions, the agency shall file only one copy of the notice 234
with the secretary of state and only two copies of the notice 235
with the director for all of the proposed rules, amendments, or 236
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rescissions to which the notice applies.) The proposed rule, 237
amendment, or rescission and public notice shall be filed as 238
required by this division at least sixty days prior to the date 239
on which the agency, in accordance with division (D) of this 240
section, issues an order adopting the proposed rule, amendment, 241
or rescission. The proposed rule, amendment, or rescission shall 242
be available for at least thirty days prior to the date of the 243
hearing at the office of the agency in printed or other legible 244
form without charge to any person affected by the proposal. 245
Failure to furnish such text to any person requesting it shall 246
not invalidate any action of the agency in connection therewith. 247
If the agency files a substantive revision in the text of the 248
proposed rule, amendment, or rescission under division (H) of 249
this section, it shall also promptly file one copy of the full 250
text of the proposed rule, amendment, or rescission in its 251
revised form with the secretary of state and two copies thereof 252
with the director of the legislative service commission. The 253
agency shall attach a copy of the rule summary and fiscal 254
analysis prepared under section 121.24 or 127.18 of the Revised 255
Code, or both, to each copy of a proposed rule or proposed rule 256
in revised form that is filed with the secretary of state or the 257
director of the legislative service commission. 258
(C) On the date and at the time and place designated in 260
the notice, the agency shall conduct a public hearing at which 261
any person affected by the proposed action of the agency may 262
appear and be heard in person, by his THE PERSON'S attorney, or 263
both, may present his THE PERSON'S position, arguments, or 265
contentions, orally or in writing, offer and examine witnesses, 267
and present evidence tending to show that the proposed rule, 268
amendment, or rescission, if adopted or effectuated, will be 269
unreasonable or unlawful.
At the hearing, the testimony, rulings on the admissibility 271
of evidence, and proffers of evidence shall be recorded by 272
stenographic means. Such record shall be made at the expense of 273
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the agency. 274
In any hearing under this section the agency may administer 276
oaths or affirmations. 277
The agency shall pass upon the admissibility of evidence, 279
but the person affected may at the time make objection to the 280
ruling of the agency, and if the agency refuses to admit evidence 281
the person offering the evidence shall make a proffer of the 282
evidence, and the proffer shall be made a part of the record of 283
such hearing. 284
(D) After complying with divisions (A), (B), (C), and (H) 286
of this section, and when the time for legislative review and 287
invalidation under division (I) of this section has expired, the 288
agency may issue an order adopting the proposed rule or the 289
proposed amendment or rescission of the rule, consistent with the 290
synopsis or general statement included in the public notice. At 291
that time the agency shall designate the effective date of the 292
rule, amendment, or rescission, which shall not be earlier than 293
the tenth day after the rule, amendment, or rescission has been 294
filed in its final form as provided in section 119.04 of the 295
Revised Code. 296
(E) Prior to the effective date of a rule, amendment, or 298
rescission, the agency shall make a reasonable effort to inform 299
those affected by the rule, amendment, or rescission and to have 300
available for distribution to those requesting it the full text 301
of the rule as adopted or as amended. 302
(F) If the governor, upon the request of an agency, 304
determines that an emergency requires the immediate adoption, 305
amendment, or rescission of a rule, he THE GOVERNOR shall issue a 307
written order, a copy of which shall be filed with the secretary 308
of state, the director of the legislative service commission, and 309
the joint committee on agency rule review, that the procedure 310
prescribed by this section with respect to the adoption, 311
amendment, or rescission of a specified rule is suspended. The 312
agency may then adopt immediately the emergency rule, amendment, 313
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or rescission and it becomes effective on the date copies of the 314
rule, amendment, or rescission, in final form and in compliance 315
with division (A)(2) of section 119.04 of the Revised Code, are 316
filed as follows: two certified copies of the emergency rule, 317
amendment, or rescission shall be filed with both the secretary 318
of state and the director of the legislative service commission, 319
and one certified copy of the emergency rule, amendment, or 320
rescission shall be filed with the joint committee on agency rule 321
review. If all copies are not filed on the same day, the 322
emergency rule, amendment, or rescission shall be effective on 323
the day on which the latest filing is made. The emergency rule, 324
amendment, or rescission shall become invalid at the end of the 325
ninetieth day it is in effect. Prior to that date the agency may 326
adopt the emergency rule, amendment, or rescission as a 327
nonemergency rule, amendment, or rescission by complying with the 328
procedure prescribed by this section for the adoption, amendment, 329
and rescission of nonemergency rules. The agency shall not use 330
the procedure of this division to readopt the emergency rule, 331
amendment, or rescission so that, upon the emergency rule, 332
amendment, or rescission becoming invalid under this division, 333
the emergency rule, amendment, or rescission will continue in 334
effect without interruption for another ninety-day period. This 335
division does not apply to the adoption of any emergency rule, 336
amendment, or rescission by the tax commissioner under division 337
(C)(2) of section 5117.02 of the Revised Code. 338
(G) Rules adopted by an authority within the department of 340
taxation or the bureau of employment services shall be effective 341
without a hearing as provided by this section if the statutes 342
pertaining to such agency specifically give a right of appeal to 343
the board of tax appeals or to a higher authority within the 344
agency or to a court, and also give the appellant a right to a 345
hearing on such appeal. This division does not apply to the 346
adoption of any rule, amendment, or rescission by the tax 347
commissioner under division (C)(1) or (2) of section 5117.02 of 348
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the Revised Code, or deny the right to file an action for 349
declaratory judgment as provided in Chapter 2721. of the Revised 350
Code from the decision of the board of tax appeals or of the 351
higher authority within such agency. 352
(H) When any agency files a proposed rule, amendment, or 354
rescission under division (B) of this section, it shall also file 355
with the joint committee on agency rule review two copies of the 356
full text of the proposed rule, amendment, or rule to be 357
rescinded in the same form and two copies of the public notice 358
required under division (A) of this section. (If in compliance 359
with this division an agency files more than one proposed rule, 360
amendment, or rescission at the same time, and has given a public 361
notice under division (A) of this section that applies to more 362
than one of the proposed rules, amendments, or rescissions, the 363
agency shall file only two copies of the notice with the joint 364
committee for all of the proposed rules, amendments, or 365
rescissions to which the notice applies.) If the agency makes a 366
substantive revision in a proposed rule, amendment, or rescission 367
after it is filed with the joint committee, the agency shall 368
promptly file two copies of the full text of the proposed rule, 369
amendment, or rescission in its revised form with the joint 370
committee. The latest version of a proposed rule, amendment, or 371
rescission as filed with the joint committee supersedes each 372
earlier version of the text of the same proposed rule, amendment, 373
or rescission. An agency shall attach one copy of the rule 374
summary and fiscal analysis prepared under section 121.24 or 375
127.18 of the Revised Code, or both, to each copy of a proposed 376
rule, amendment, or rescission, and to each copy of a proposed 377
rule, amendment, or rescission in revised form, that is filed 378
under this division. 379
This division does not apply to: 381
(1) An emergency rule, amendment, or rescission; 383
(2) Any proposed rule, amendment, or rescission that must 385
be adopted verbatim by an agency pursuant to federal law or rule, 386
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to become effective within sixty days of adoption, in order to 387
continue the operation of a federally reimbursed program in this 388
state, so long as the proposed rule contains both of the 389
following: 390
(a) A statement that it is proposed for the purpose of 392
complying with a federal law or rule; 393
(b) A citation to the federal law or rule that requires 395
verbatim compliance. 396
(I)(1) The joint committee on agency rule review may 398
recommend the adoption of a concurrent resolution invalidating a 399
proposed rule, amendment, rescission, or part thereof if it finds 400
any of the following: 401
(a) That the rule-making agency has exceeded the scope of 403
its statutory authority in proposing the rule, amendment, or 404
rescission; 405
(b) That the proposed rule, amendment, or rescission 407
conflicts with another rule, amendment, or rescission adopted by 408
the same or a different rule-making agency; 409
(c) That the proposed rule, amendment, or rescission 411
conflicts with the legislative intent in enacting the statute 412
under which the rule-making agency proposed the rule, amendment, 413
or rescission; 414
(d) That the rule-making agency has failed to prepare a 416
complete and accurate rule summary and fiscal analysis of the 417
proposed rule, amendment, or rescission as required by section 418
121.24 or 127.18 of the Revised Code, or both. 419
The house of representatives and senate may adopt a 421
concurrent resolution invalidating a proposed rule, amendment, 422
rescission, or part thereof. The concurrent resolution shall 423
state which of the specific rules, amendments, rescissions, or 424
parts thereof are invalidated. A concurrent resolution 425
invalidating a proposed rule, amendment, or rescission shall be 426
adopted prior to the sixtieth day after the original version of 427
the text of the proposed rule, amendment, or rescission is filed 428
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with the joint committee, except that if more than thirty days 429
after the original version is filed the rule-making agency either 430
files a revised version of the text of the proposed rule, 431
amendment, or rescission, or revises the rule summary and fiscal 432
analysis in accordance with division (I)(4) of this section, a 433
concurrent resolution invalidating the proposed rule, amendment, 434
or rescission shall be adopted prior to the thirtieth day after 435
the revised version of the proposed rule or rule summary and 436
fiscal analysis is filed. If, after the joint committee on 437
agency rule review recommends the adoption of a concurrent 438
resolution invalidating a proposed rule, amendment, rescission, 439
or part thereof, the house of representatives or senate does not, 440
within the time remaining for adoption of the concurrent 441
resolution, hold five floor sessions at which its journal records 442
a roll call vote disclosing a sufficient number of members in 443
attendance to pass a bill, the time within which that house may 444
adopt the concurrent resolution is extended until it has held 445
five such floor sessions. 446
Within five days after the adoption of a concurrent 448
resolution invalidating a proposed rule, amendment, rescission, 449
or part thereof, the clerk of the senate shall send the 450
rule-making agency, the secretary of state, and the director of 451
the legislative service commission a certified copy of the 452
resolution together with a certification stating the date on 453
which the resolution takes effect. The secretary of state and 454
the director of the legislative service commission shall each 455
note the invalidity of the proposed rule, amendment, rescission, 456
or part thereof on his copy THEIR COPIES, and shall each remove 457
the invalid proposed rule, amendment, rescission, or part thereof 459
from the file of proposed rules. The rule-making agency shall 460
not proceed to adopt in accordance with division (D) of this 461
section, or to file in accordance with division (B)(1) of section 462
111.15 of the Revised Code, any version of a proposed rule, 463
amendment, rescission, or part thereof that has been invalidated 464
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by concurrent resolution. 465
Unless the house of representatives and senate adopt a 467
concurrent resolution invalidating a proposed rule, amendment, 468
rescission, or part thereof within the time specified by this 469
division, the rule-making agency may proceed to adopt in 470
accordance with division (D) of this section, or to file in 471
accordance with division (B)(1) of section 111.15 of the Revised 472
Code, the latest version of the proposed rule, amendment, or 473
rescission as filed with the joint committee. If by concurrent 474
resolution certain of the rules, amendments, rescissions, or 475
parts thereof are specifically invalidated, the rule-making 476
agency may proceed to adopt, in accordance with division (D) of 477
this section, or to file in accordance with division (B)(1) of 478
section 111.15 of the Revised Code, the latest version of the 479
proposed rules, amendments, rescissions, or parts thereof as 480
filed with the joint committee that are not specifically 481
invalidated. The rule-making agency may not revise or amend any 482
proposed rule, amendment, rescission, or part thereof that has 483
not been invalidated except as provided in this chapter or in 484
section 111.15 of the Revised Code. 485
(2)(a) A proposed rule, amendment, or rescission that is 487
filed with the joint committee under division (H) of this section 488
or division (D) of section 111.15 of the Revised Code shall be 489
carried over for legislative review to the next succeeding 490
regular session of the general assembly if the original or any 491
revised version of the proposed rule, amendment, or rescission is 492
filed with the joint committee on or after the first day of 493
December of any year. 494
(b) The latest version of any proposed rule, amendment, or 496
rescission that is subject to division (I)(2)(a) of this section, 497
as filed with the joint committee, is subject to legislative 498
review and invalidation in the next succeeding regular session of 499
the general assembly in the same manner as if it were the 500
original version of a proposed rule, amendment, or rescission 501
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that had been filed with the joint committee for the first time 502
on the first day of the session. A rule-making agency shall not 503
adopt in accordance with division (D) of this section, or file in 504
accordance with division (B)(1) of section 111.15 of the Revised 505
Code, any version of a proposed rule, amendment, or rescission 506
that is subject to division (I)(2)(a) of this section until the 507
time for legislative review and invalidation, as contemplated by 508
division (I)(2)(b) of this section, has expired. 509
(3) Invalidation of any version of a proposed rule, 511
amendment, rescission, or part thereof by concurrent resolution 512
shall prevent the rule-making agency from instituting or 513
continuing proceedings to adopt any version of the same proposed 514
rule, amendment, rescission, or part thereof for the duration of 515
the general assembly that invalidated the proposed rule, 516
amendment, rescission, or part thereof unless the same general 517
assembly adopts a concurrent resolution permitting the 518
rule-making agency to institute or continue such proceedings. 519
The failure of the general assembly to invalidate a 521
proposed rule, amendment, rescission, or part thereof under this 522
section shall not be construed as a ratification of the 523
lawfulness or reasonableness of the proposed rule, amendment, 524
rescission, or any part thereof or of the validity of the 525
procedure by which the proposed rule, amendment, rescission, or 526
any part thereof was proposed or adopted. 527
(4) In lieu of recommending a concurrent resolution to 529
invalidate a proposed rule, amendment, rescission, or part 530
thereof because the rule-making agency has failed to prepare a 531
complete and accurate fiscal analysis, the joint committee on 532
agency rule review may issue, on a one-time basis, for rules, 533
amendments, rescissions, or parts thereof that have a fiscal 534
effect on school districts, counties, townships, or municipal 535
corporations, a written finding that the rule summary and fiscal 536
analysis is incomplete or inaccurate and order the rule-making 537
agency to revise the rule summary and fiscal analysis and refile 538
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it with the proposed rule, amendment, rescission, or part 539
thereof. If an emergency rule is filed as a nonemergency rule 540
before the end of the ninetieth day of the emergency rule's 541
effectiveness, and the joint committee issues a finding and 542
orders the rule-making agency to refile under division (I)(4) of 543
this section, the governor may also issue a written order stating 544
that the emergency rule shall remain in effect for an additional 545
sixty days after the ninetieth day of the emergency rule's 546
effectiveness. Copies of the governor's written orders shall be 547
filed in accordance with division (F) of this section. The joint 548
committee shall send the rule-making agency, the secretary of 549
state, and the director of the legislative service commission a 550
certified copy of the order to revise the rule summary and fiscal 551
analysis, which shall take immediate effect. 552
(5) IN LIEU OF RECOMMENDING A CONCURRENT RESOLUTION TO 555
INVALIDATE A PROPOSED RULE, AMENDMENT, RESCISSION, OR PART 556
THEREOF BECAUSE THE RULE-MAKING AGENCY IS REQUIRED TO INCLUDE IN 557
A FISCAL ANALYSIS, AND HAS FAILED TO PREPARE, A COMPLETE AND 559
ACCURATE ECONOMIC IMPACT ANALYSIS UNDER SECTION 127.18 OF THE 561
REVISED CODE, THE JOINT COMMITTEE ON AGENCY RULE REVIEW MAY 563
ISSUE, ONCE FOR ANY PROPOSED RULE, AMENDMENT, RESCISSION, OR PART 564
THEREOF, A WRITTEN FINDING THAT THE ECONOMIC IMPACT ANALYSIS IS 566
INCOMPLETE OR INACCURATE AND ORDER THE RULE-MAKING AGENCY TO 567
REVISE THE ECONOMIC IMPACT ANALYSIS IN THE RULE SUMMARY AND 568
FISCAL ANALYSIS AND REFILE IT WITH THE PROPOSED RULE, AMENDMENT, 569
RESCISSION, OR PART THEREOF. IF THE JOINT COMMITTEE HAS 570
DETERMINED TO ISSUE A FINDING UNDER DIVISION (I)(4) OF THIS 571
SECTION, THE COMMITTEE MAY INCLUDE ITS FINDINGS UNDER DIVISION 572
(I)(5) OF THIS SECTION IN ITS FINDINGS AND ORDER ISSUED UNDER 573
DIVISION (I)(4) OF THIS SECTION, BUT THE COMMITTEE MAY ISSUE ONLY 575
ONE FINDING AND ORDER UNDER DIVISION (I)(4) OR (5) OF THIS 577
SECTION FOR EACH PROPOSED RULE, AMENDMENT, RESCISSION, OR PART 578
THEREOF. IF AN EMERGENCY RULE IS FILED AS A NONEMERGENCY RULE 580
BEFORE THE END OF THE NINETIETH DAY OF THE EMERGENCY RULE'S
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EFFECTIVENESS, AND THE JOINT COMMITTEE ISSUES A FINDING AND 581
ORDERS THE RULE-MAKING AGENCY TO REFILE UNDER DIVISION (I)(5) OF 583
THIS SECTION, THE GOVERNOR MAY ALSO ISSUE A WRITTEN ORDER STATING 584
THAT THE EMERGENCY RULE SHALL REMAIN IN EFFECT FOR AN ADDITIONAL 585
SIXTY DAYS AFTER THE NINETIETH DAY OF THE EMERGENCY RULE'S 586
EFFECTIVENESS. COPIES OF THE GOVERNOR'S WRITTEN ORDERS SHALL BE 587
FILED IN ACCORDANCE WITH DIVISION (F) OF THIS SECTION. THE JOINT 589
COMMITTEE SHALL SEND THE RULE-MAKING AGENCY, THE SECRETARY OF 590
STATE, AND THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION A 591
CERTIFIED COPY OF THE ORDER TO REVISE THE RULE SUMMARY AND FISCAL 593
ANALYSIS, WHICH SHALL TAKE IMMEDIATE EFFECT.
(6) A written order issued under division (I)(4) OR (5) of 596
this section shall prevent the rule-making agency from 597
instituting or continuing proceedings to adopt any version of the 598
proposed rule, amendment, rescission, or part thereof until the 599
rule-making agency revises the rule summary and fiscal analysis 600
and refiles it with the joint committee along with the proposed 601
rule, amendment, rescission, or part thereof. If the joint 602
committee finds the rule summary and fiscal analysis to be 603
complete and accurate, the joint committee shall issue a new 604
written order noting that the rule-making agency has revised and 605
refiled a complete and accurate rule summary and fiscal analysis. 606
The joint committee shall send the rule-making agency, the 607
secretary of state, and the director of the legislative service 608
commission a certified copy of this new order. The secretary of 609
state and the director of the legislative service commission 610
shall each attach this order to their copies of the proposed 611
rule, amendment, rescission, or part thereof. The rule-making 612
agency may then proceed to adopt in accordance with division (D) 613
of this section, or to file in accordance with division (B)(1) of 614
section 111.15 of the Revised Code, the proposed rule, amendment, 615
rescission, or part thereof that was subject to the written 616
finding and order under division (I)(4) OR (5) of this section. 618
If the joint committee determines that the revised rule summary 619
16
and fiscal analysis is still inaccurate or incomplete, the joint 620
committee shall recommend the adoption of a concurrent resolution 621
in accordance with division (I)(1) of this section. 622
Sec. 119.031. (A) The chairman CHAIRPERSON of the joint 631
committee on agency rule review shall compare each rule, 633
amendment, or rescission as filed in final form with the latest 634
version of the same rule, amendment, or rescission as filed in 635
proposed form.
(B) If, upon making the comparison required by division 637
(A) of this section, the chairman CHAIRPERSON of the joint 638
committee on agency rule review finds that the rule-making agency 640
has made a substantive revision in the rule, amendment, or 641
rescission between the time it filed the latest version of the 642
rule, amendment, or rescission in proposed form and the time it 643
filed the rule, amendment, or rescission in final form, he THE 644
CHAIRPERSON shall promptly notify the rule-making agency, the 646
secretary of state, and the director of the legislative service 647
commission in writing of his THAT finding. 648
(C) The joint committee on agency rule review shall review 650
any rule, amendment, or rescission as filed in final form if, 651
under division (B) of this section, it is found to contain a 652
substantive revision. The joint committee may REQUEST THE 654
RULE-MAKING AGENCY TO PROVIDE THE JOINT COMMITTEE WITH AN 655
UP-TO-DATE ECONOMIC IMPACT ANALYSIS AS DEFINED IN DIVISION (A)(4) 656
OF SECTION 127.18 OF THE REVISED CODE AND, WHETHER OR NOT AN 660
ECONOMIC IMPACT ANALYSIS IS REQUESTED, MAY do either or both of 661
the following:
(1) If the joint committee makes any of the findings 663
stated in division (I)(1)(a), (b), or (c) of section 119.03 of 664
the Revised Code, it may suspend the rule, amendment, rescission, 665
or any part thereof. The suspension shall remain in effect until 666
the time for legislative review and invalidation has expired 667
under division (D) of this section, or until the general assembly 668
adopts a concurrent resolution invalidating the rule, amendment, 669
17
rescission, or any part thereof, whichever occurs first. The 670
chairman CHAIRPERSON of the joint committee shall promptly notify 672
the rule-making agency, the secretary of state, and the director 673
of the legislative service commission in writing of the 674
suspension.
(2) The joint committee may recommend the adoption of a 676
concurrent resolution invalidating the rule, amendment, 677
rescission, or any part thereof if it makes any of the findings 678
stated in division (I)(1)(a), (b), or (c) of section 119.03 of 679
the Revised Code. 680
(D) A rule, amendment, or rescission that, under division 682
(B) of this section, is found to contain a substantive revision 683
shall nevertheless become effective pursuant to division (B)(1) 684
of section 111.15, division (A)(1) of section 119.04, division 685
(B)(1) of section 4141.14, or division (A) of section 5703.14 of 686
the Revised Code and remain in effect as filed in final form 687
unless: 688
(1) Under division (C)(1) of this section, the joint 690
committee suspends the rule, amendment, rescission, or any part 691
thereof; or 692
(2) Prior to the sixtieth day after the rule, amendment, 694
or rescission was filed in final form, the house of 695
representatives and senate adopt a concurrent resolution 696
invalidating the rule, amendment, rescission, or any part 697
thereof. If, after the joint committee on agency rule review 698
recommends the adoption of a concurrent resolution invalidating 699
the rule, amendment, rescission, or part thereof, the house of 700
representatives or senate does not, within the time remaining for 701
adoption of the concurrent resolution, hold five floor sessions 702
at which its journal records a roll call vote disclosing a 703
sufficient number of members in attendance to pass a bill, the 704
time within which that house may adopt the concurrent resolution 705
is extended until it has held five such floor sessions. 706
Upon the adoption of such a concurrent resolution, the 708
18
clerk of the senate shall, within five days thereafter, send the 709
rule-making agency, the secretary of state, and the director of 710
the legislative service commission a certified copy of the 711
resolution together with a certification stating the date on 712
which the resolution takes effect. The secretary of state and 713
the director shall each note the invalidity of the rule, 714
amendment, rescission, or part thereof on his copy THEIR COPIES, 715
and shall remove the invalid rule, amendment, rescission, or part 717
thereof from the file of current rules. The director shall also 718
indicate in the Ohio administrative code that the rule, 719
amendment, rescission, or part thereof is invalid and the date of 720
invalidation. The rule-making agency shall make appropriate 721
adjustments to reflect the invalidity of the rule, amendment, 722
rescission, or part thereof. 723
(E) Invalidation of a rule, amendment, rescission, or part 725
thereof under this section shall prevent the rule-making agency 726
from instituting proceedings to readopt any version of the same 727
rule, amendment, rescission, or part thereof for the duration of 728
the general assembly that invalidated the rule, amendment, 729
rescission, or part thereof unless the same general assembly 730
adopts a concurrent resolution permitting the rule-making agency 731
to institute such proceedings. 732
(F) The failure of the general assembly to invalidate a 734
rule, amendment, rescission, or part thereof under this section 735
shall not be construed as a ratification of the lawfulness or 736
reasonableness of the rule, amendment, rescission, or any part 737
thereof or of the validity of the procedure by which the rule, 738
amendment, rescission, or any part thereof was adopted. 739
(G) As used in this section, a rule, amendment, or 741
rescission is filed: 742
(1) "In proposed form" when it is filed in such form with 744
the joint committee under division (D) of section 111.15 or 745
division (H) of section 119.03 of the Revised Code; 746
(2) "In final form" when it is filed in such form with the 748
19
joint committee under division (B)(1)(b) of section 111.15, 749
division (A)(1)(b) of section 119.04, division (B)(1)(b) of 750
section 4141.14, or division (A)(2) of section 5703.14 of the 751
Revised Code. 752
Sec. 121.24. (A) As used in this section: 761
(1) "Agency" means any agency as defined in division 763
(A)(2) of section 111.15 or division (A) of section 119.01 of the 764
Revised Code. 765
(2) "Employee" means a person who is employed by a small 767
business or small organization for at least one thousand eight 768
hundred hours per year. 769
(3) A rule is "filed in final form" when it is filed with 771
the secretary of state, the director of the legislative service 772
commission, and the joint committee on agency rule review under 773
division (B)(1) of section 111.15, division (A)(1) of section 774
119.04, division (B)(1) of section 4141.14, or division (A) of 775
section 5703.14 of the Revised Code. 776
(4) "History trail" means the supplementary information 778
required to be provided on each copy of a proposed rule, which 779
information is not part of the text of the rule, and sets forth 780
the statute prescribing the procedure in accordance with which 781
the proposed rule is required to be adopted, the statute that 782
authorizes the agency to adopt the proposed rule, the statute 783
that the agency intends to amplify or implement by adopting the 784
proposed rule, the effective dates of any previous versions of 785
the rule that is the subject of the proposal, and other similar 786
information as prescribed in rules of the legislative service 787
commission. 788
(5) "Individual" means any individual who is affected by a 790
rule in the individual's capacity as an officer or employee of a 792
small business or small organization. 793
(6) "Rule summary and fiscal analysis" means a rule 795
summary and fiscal analysis of a proposed rule that provides the 796
information required by division (B) of section 127.18 of the 797
20
Revised Code, and that has been prepared in the form prescribed 798
by the joint committee on agency rule review under division (E) 799
of that section. 800
(7) "Rate" means any rate, classification, fare, toll, 802
rental, or charge of a public utility. 803
(8) "Rule" means any rule, regulation, or standard having 805
a general and uniform operation, including any appendix thereto, 806
that is adopted, promulgated, and enforced by an agency under the 807
authority of the laws governing the agency. "Rule" includes the 808
adoption of a new rule or the amendment or rescission of an 809
existing rule. "Rule" does not include any of the following: 810
(a) A rule proposed under section 1121.05, 1121.06, 812
1155.18, or 1163.22 of the Revised Code; 813
(b) A rule governing the internal management of an agency 815
that does not affect private rights; 816
(c) A rule authorized by law to be issued as a temporary 818
written order; 819
(d) Except as otherwise provided in division (A)(8)(d) of 821
this section, a rule or order, whether of a quasi-legislative or 822
quasi-judicial nature, proposed by the public utilities 823
commission. Any rule or order, whether of a quasi-legislative or 824
quasi-judicial nature, proposed by the public utilities 825
commission that determines a rate of a public utility to be just 826
and reasonable is a "rule" for purposes of this section, unless 827
the rule or order contains findings that the public utility, in 828
applying for approval of the rate under section 4909.18 of the 829
Revised Code, stated facts and grounds sufficient for the 830
commission to determine that the proposed rate was just and 831
reasonable. 832
(e) A proposed rule, the adoption of which is mandated by 834
a federal law or rule, and which must be adopted substantially as 835
prescribed by federal law or rule, to become effective within one 836
hundred twenty days of adoption, so long as the history trail of 837
the proposed rule contains a statement that it is proposed for 838
21
the purpose of complying with a federal law or rule and a 839
citation to the federal law or rule that mandates substantial 840
compliance; 841
(9) "Small business" means an independently owned and 843
operated business having fewer than four hundred employees. 844
(10) "Small organization" means an unincorporated 846
association, sheltered workshop, or nonprofit enterprise having 847
fewer than four hundred employees. This definition is not 848
limited to the types of small organizations expressly mentioned, 849
and includes all other types of small organizations, so long as 850
such organizations have fewer than four hundred employees. 851
(B) If an agency intends to adopt a rule, and reasonably 853
believes that the proposed rule, if adopted, will be likely to 854
affect individuals, small businesses, or small organizations, the 855
agency shall comply with the following procedure in adopting the 856
rule, in addition to any other procedure required by section 857
111.15, 117.16, 119.03, 119.032, 119.04, 127.18, 4141.14, or 858
5117.02 of the Revised Code or any other statute of this state: 860
(1) The agency shall prepare a complete and accurate rule 862
summary and fiscal analysis of the original version of the 863
proposed rule. THE FISCAL ANALYSIS SHALL INCLUDE AN ANALYSIS OF 864
THE IMPACT OF THE PROPOSED RULE ON THE ABILITY OF A SMALL 865
BUSINESS TO BECOME ESTABLISHED AND GROW DURING THE FIRST THREE 866
YEARS OF ITS OPERATION.
(2) After complying with division (B)(1) of this section, 868
and at least sixty days before the agency files the proposed rule 869
in final form, the agency shall file with the office of small 870
business, one copy of the full text of the original version of 871
the proposed rule and one copy of the rule summary and fiscal 872
analysis of such proposed rule. 873
(3) During a period commencing on the date the original 875
version of the proposed rule is filed pursuant to division (B)(2) 876
of this section and ending forty days thereafter: 877
(a) The chairperson of the standing committee of the 879
22
senate or house of representatives having jurisdiction over 881
individuals, small businesses, or small organizations, or any 882
other person having an interest in the proposed rule, may submit 883
written comments to the agency, to the joint committee on agency 884
rule review, or to both, concerning the expected effect of the 885
proposed rule, if adopted, upon individuals, small businesses, 886
and small organizations. The agency and joint committee shall 887
accept all such timely submitted written comments. 888
(b) The chairperson of the standing committee of the 890
senate or house of representatives having jurisdiction over 892
individuals, small businesses, or small organizations may request 893
the agency to appear before the committee and testify, answer 894
questions asked by members of the committee, and produce 895
information in the possession of the agency as requested by the 896
committee, concerning the expected effect of the proposed rule, 897
if adopted, upon individuals, small businesses, or small 898
organizations. Upon receipt of a request from the chairperson of 900
the appropriate standing committee of the senate or house of 901
representatives under division (B)(3)(b) of this section, the 902
agency shall designate an officer or employee of the agency to 903
appear before the committee, and shall otherwise comply with the 904
request, in the manner directed by the request. 905
(4) The agency shall not proceed to file the proposed rule 907
in final form until it has considered any written comments timely 908
submitted to it under division (B)(3)(a) of this section, has 909
identified the issues raised by the comments, has assessed the 910
proposed rule in light of the issues raised by the comments, and 911
has made such revisions in the proposed rule as it considers 912
advisable in light of its assessment. 913
An agency is not required to put any revised version of a 915
proposed rule through the procedure of divisions (B)(1) to (4) of 916
this section. 917
(C) Any original version of a proposed rule, rule summary 919
and fiscal analysis, or written comment filed or submitted under 920
23
division (B) of this section shall be preserved by the agency 921
with which it is filed or to which it is submitted, and is a 922
public record open to public inspection. 923
(D) Each agency shall prepare a plan that provides for the 925
periodic review, at least once every five years, of each rule of 926
the agency that is not otherwise subject to review under section 927
119.032 of the Revised Code and that affects individuals, small 928
businesses, or small organizations. The purpose of each periodic 929
review shall be to determine whether the rule that is being 930
reviewed should be continued without change or amended or 931
rescinded, consistent with the purpose, scope, and intent of the 932
applicable statute authorizing adoption of the rule, so as to 933
minimize the economic impact of the rule upon individuals, small 934
businesses, or small organizations. Accordingly, in making each 935
periodic review of a rule, the agency shall consider the 936
continued need for the rule, the nature of any written complaints 937
or comments that the agency has received with regard to the rule, 938
the extent to which the rule duplicates, overlaps, or conflicts 939
with other currently effective rules, and the degree to which 940
technology, economic conditions, and other relevant factors have 941
changed in the area affected by the rule. 942
Each agency shall annually report to the governor and 944
general assembly, with regard to each of its rules that have been 945
reviewed under this division during the preceding calendar year, 946
the title and administrative code rule number of the rule, a 947
brief summary of the content and operation of the rule, and a 948
brief summary of the results of the review. If the agency is 949
otherwise required to make an annual report to the governor and 950
general assembly, the agency shall report this information in an 951
appropriately designated section of its annual report. If, 952
however, the agency is not otherwise required to make an annual 953
report to the governor and general assembly, the agency, on or 954
before the first day of February, shall report this information 955
in a separate report to the governor and general assembly. In 956
24
addition to the submissions required by section 101.68 of the 957
Revised Code, and in addition to any requirement of that section 958
to submit notice of the availability of a report instead of 959
copies of the report, the agency shall submit copies of its 960
annual or separate report, which provides the information 961
required by this division, to the chairpersons of the standing 963
committees of the senate and house of representatives having 964
jurisdiction over individuals, small businesses, and small 965
organizations. 966
Each agency having rules in effect on the effective date of 968
this section JANUARY 1, 1985, that affect individuals, small 970
businesses, or small organizations shall divide those rules into 971
groups, so that at least one-fifth of those rules are reviewed
during each year of a five-year period commencing on the 973
effective date of this section JANUARY 1, 1985. A rule that is 974
newly adopted after the effective date of this section JANUARY 1, 976
1985, shall be reviewed five years after its effective date.
When a rule has once been reviewed, it shall thereafter be 977
reviewed again at five-year intervals. 978
(E) Each agency shall designate an individual or office 980
within the agency to be responsible for complying with this 981
division. Each individual or office that has been so designated 982
shall, DO ONE OF THE FOLLOWING within ten days after receiving a 983
request therefor from any person: 985
(1) Provide the person with copies of any rule proposed by 987
the agency that would affect individuals, small businesses, or 988
small organizations; 989
(2) Provide the person with copies of the rule summary and 991
fiscal analysis of any rule proposed by the agency that would 992
affect individuals, small businesses, or small organizations; or 993
(3) Find, collate, and make available to the person any 995
information in the possession of the agency regarding a rule 996
proposed by the agency, which information would be of interest to 997
individuals, small businesses, or small organizations. 998
25
The agency shall inform the office of small business in 1,000
writing of the name, address, and telephone number of each 1,001
individual or office designated under this division. The agency 1,002
shall promptly inform the office of small business in writing of 1,003
any change in the information thus provided. 1,004
(F) Division (B) of this section does not apply to any 1,006
emergency rule adopted under division (B)(2) of section 111.15 or 1,007
division (F) of section 119.03 of the Revised Code, except that 1,008
the emergency rule becomes subject to such division when it is 1,009
adopted pursuant to the procedure of section 111.15 or 119.03 of 1,010
the Revised Code for the adoption of rules not of an emergency 1,011
nature. 1,012
(G) The department of taxation shall provide a copy of the 1,014
full text of any rule proposed by the department that may affect 1,015
any business to the office of small business, and the department 1,016
shall designate an office within the agency responsible for 1,017
providing a copy of any such rule within ten days of AFTER 1,018
receiving a request from any person. 1,019
Sec. 127.18. (A) As used in this section: 1,030
(1) "Rule-making agency" has the same meaning as in 1,032
division (I) of section 119.01 of the Revised Code. 1,033
(2) "Rule" includes the adoption, amendment, or rescission 1,035
of a rule. 1,036
(3) "Proposed rule" means the original version of a 1,038
proposed rule, and each revised version of the same proposed 1,039
rule, that is filed with the joint committee on agency rule 1,040
review under division (D) of section 111.15 or division (H) of 1,041
section 119.03 of the Revised Code. 1,042
(4) "ECONOMIC IMPACT ANALYSIS" MEANS AN ANALYSIS TO 1,044
DETERMINE THE FISCAL EFFECT OF A PROPOSED RULE ON OHIO BUSINESS, 1,046
THAT SHALL CONSIST OF ALL OF THE FOLLOWING:
(a) AN ESTIMATE OF THE AMOUNT BY WHICH THE PROPOSED RULE 1,048
WOULD INCREASE OR DECREASE THE REVENUES OR EXPENDITURES OF OHIO 1,049
BUSINESSES;
26
(b) THE IMPACT OF THE PROPOSED RULE ON OHIO 1,051
COMPETITIVENESS AS INDICATED BY ITS EFFECT ON A BUSINESS THAT, 1,052
BECAUSE OF ANY OF THE FOLLOWING FACTORS, HAS THE ABILITY TO 1,053
RELOCATE TO ANOTHER STATE AT RELATIVELY LOW COST BECAUSE OF AN 1,054
UNFAVORABLE CHANGE IN THE TAXATION OR BUSINESS CLIMATE IN THE 1,055
STATE IN WHICH IT IS CURRENTLY LOCATED:
(i) EASE OF MOBILITY DUE TO A RELATIVELY LOW QUANTITY OF 1,057
FIXED CAPITAL; 1,058
(ii) THE AVAILABILITY OF A SUITABLE LABOR FORCE; 1,060
(iii) ITS LOCATION RELATIVE TO ITS CUSTOMERS. 1,062
IN DETERMINING THE IMPACT OF THE PROPOSED RULE ON OHIO 1,064
COMPETITIVENESS, THE AGENCY SHALL COMPARE THE PROPOSED RULE WITH 1,065
SIMILAR LAWS AND REGULATIONS THAT AFFECT BUSINESSES IN OTHER 1,066
STATES, IF ANY, AND DETERMINE WHETHER THE PROPOSED RULE WOULD 1,067
MAKE OHIO MORE LENIENT, LESS LENIENT, OR ABOUT THE SAME AS OTHER 1,068
STATES WITH REGARD TO THE REGULATION OF SIMILAR BUSINESSES. 1,069
(c) ANY OTHER INFORMATION THE AGENCY CONSIDERS NECESSARY 1,071
TO EXPLAIN THE FISCAL EFFECT OF THE PROPOSED RULE ON OHIO 1,072
BUSINESSES.
(B) A rule-making agency shall prepare, in the form 1,074
prescribed by the joint committee on agency rule review under 1,075
division (E) of this section, a complete and accurate rule 1,076
summary and fiscal analysis of each proposed rule that it files 1,077
under division (D) of section 111.15 or division (H) of section 1,078
119.03 of the Revised Code. The rule summary and fiscal analysis 1,079
shall include all of the following information: 1,080
(1) The name, address, and telephone number of the 1,082
rule-making agency, and the name and telephone number of an 1,083
individual or office within the agency designated by that agency 1,084
to be responsible for coordinating and making available 1,085
information in the possession of the agency regarding the 1,086
proposed rule; 1,087
(2) The Ohio administrative code rule number of the 1,089
proposed rule; 1,090
27
(3) A brief summary of, and the legal basis for, the 1,092
proposed rule, including citations identifying the statute that 1,093
prescribes the procedure in accordance with which the rule-making 1,094
agency is required to adopt the proposed rule, the statute that 1,095
authorizes the agency to adopt the proposed rule, and the statute 1,096
that the agency intends to amplify or implement by adopting the 1,097
proposed rule; 1,098
(4) An estimate, in dollars, of the amount by which the 1,100
proposed rule would increase or decrease revenues or expenditures 1,101
during the current biennium; 1,102
(5) A citation identifying the appropriation that 1,104
authorizes each expenditure that would be necessitated by the 1,105
proposed rule; 1,106
(6) A summary of the estimated cost of compliance with the 1,108
rule to all directly affected persons; 1,109
(7) The reasons why the rule is being proposed; 1,111
(8) If the rule has a fiscal effect on school districts, 1,113
counties, townships, or municipal corporations, an estimate in 1,114
dollars of the cost of compliance with the rule, or, if dollar 1,115
amounts cannot be determined, a written explanation of why it was 1,116
not possible to ascertain dollar amounts;
(9) If the rule has a fiscal effect on school districts, 1,118
counties, townships, or municipal corporations and is the result 1,119
of a federal requirement, a clear explanation that the proposed 1,120
state rule does not exceed the scope and intent of the 1,121
requirement, or, if the state rule does exceed the minimum
necessary federal requirement, a justification of the excess 1,122
cost, and an estimate of the costs, including those costs for 1,123
local governments, exceeding the federal requirement; 1,124
(10) If the rule has a fiscal effect on school districts, 1,126
counties, townships, or municipal corporations, a comprehensive 1,127
cost estimate that includes the procedure and method of 1,128
calculating the costs of compliance and identifies major cost 1,129
categories including personnel costs, new equipment or other 1,130
28
capital costs, operating costs, and indirect central service
costs related to the rule. The fiscal analysis shall also 1,131
include a written explanation of the agency's and the affected 1,132
local government's ability to pay for the new requirements and a 1,133
statement of any impact the rule will have on economic 1,134
development.
(11) IF THE DIRECTOR OF THE RULE-MAKING AGENCY OR THE 1,136
GOVERNOR DETERMINES THAT A PROPOSED RULE MAY HAVE A SIGNIFICANT 1,137
ECONOMIC IMPACT ON OHIO BUSINESSES, AN ECONOMIC IMPACT ANALYSIS; 1,139
(12) Any other information the joint committee on agency 1,141
rule review considers necessary to make the proposed rule or the 1,142
fiscal effect of the proposed rule fully understandable. THE 1,144
JOINT COMMITTEE ON AGENCY RULE REVIEW MAY REQUIRE THAT AN 1,145
ECONOMIC IMPACT ANALYSIS BE PREPARED AS PART OF THE RULE SUMMARY
AND FISCAL ANALYSIS FOR EACH PROPOSED RULE, OR THE JOINT 1,146
COMMITTEE MAY INFORM A RULE-MAKING AGENCY THAT IT REQUIRES AN 1,147
ECONOMIC IMPACT ANALYSIS AS PART OF THE RULE SUMMARY AND FISCAL 1,148
ANALYSIS FOR ANY PARTICULAR PROPOSED RULE. 1,149
(C) The rule-making agency shall attach one copy of the 1,151
rule summary and fiscal analysis to each copy of the proposed 1,152
rule that it files under divisions (D) and (E) of section 111.15 1,153
or divisions (B) and (H) of section 119.03 of the Revised Code. 1,154
The joint committee on agency rule review shall not accept any 1,155
proposed rule for filing unless a copy of the rule summary and 1,156
fiscal analysis of the proposed rule, completely and accurately 1,157
prepared, has been attached to each copy of the proposed rule. 1,158
(D) The joint committee on agency rule review shall review 1,160
the fiscal effect of each proposed rule that is filed under 1,161
division (D) of section 111.15 or division (H) of section 119.03 1,162
of the Revised Code. 1,163
(E) The joint committee on agency rule review shall 1,165
prescribe the form in which each rule-making agency shall prepare 1,166
its rule summary and fiscal analysis of a proposed rule. 1,167
(F) This section does not require the auditor of state or 1,169
29
his THE AUDITOR OF STATE'S designee to prepare or attach a rule 1,170
summary and fiscal analysis to any copy of a rule proposed under 1,171
section 117.12, 117.19, 117.38, or 117.43 of the Revised Code. 1,173
Section 2. That existing sections 103.14, 119.03, 119.031, 1,175
121.24, and 127.18 of the Revised Code are hereby repealed. 1,176
Section 3. Section 121.24 of the Revised Code is presented 1,178
in this act as a composite of the section as amended by both Sub. 1,180
H.B. 473 and Am. Sub. H.B. 538 of the 121st General Assembly,
with the new language of neither of the acts shown in capital 1,181
letters. This is in recognition of the principle stated in 1,182
division (B) of section 1.52 of the Revised Code that such 1,183
amendments are to be harmonized where not substantively 1,184
irreconcilable and constitutes a legislative finding that such is 1,185
the resulting version in effect prior to the effective date of 1,186
this act.