As Passed by the House 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 544 5
1999-2000 6
REPRESENTATIVES PETERSON-SCHULER-CALVERT-GRENDELL-TERWILLEGER- 8
TIBERI-TAYLOR-BUEHRER-ROBINSON-HARTNETT-YOUNG-HARRIS- 9
WINKLER-O'BRIEN-CLANCY-KREBS-WIDENER-TRAKAS-OLMAN-HOOPS- 10
AMSTUTZ-STEVENS 11
_________________________________________________________________ 12
A B I L L
To amend sections 504.11, 711.10, 713.22, and 14
5555.46 of the Revised Code to authorize a 16
regional or county planning commission to send
certain notices by electronic mail as well as 17
regular mail, to require a regional or county
planning commission to send notice to all 18
townships at least thirty days before a public 19
hearing on the adoption or amendment of its
rules, to make changes to the composition of 20
county planning commissions, to extend the period
of time over which property owners may pay 21
special assessments for county road improvements 22
and the maturity of related bonds from ten to
twenty years, to state that the procedures for 24
adopting resolutions in the Township Limited Home
Rule Government Law apply only to resolutions 25
adopted pursuant to that Law, to temporarily 26
permit the transfer of surplus moneys in a 27
township artificial lighting fund to another 28
township fund, and to declare an emergency. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 504.11, 711.10, 713.22, and 34
5555.46 of the Revised Code be amended to read as follows: 36
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Sec. 504.11. (A) The vote on the question of passage of 45
each A resolution PROVIDED FOR IN SECTION 504.10 OF THE REVISED 47
CODE or A motion RELATED TO THAT RESOLUTION shall be taken by 48
yeas and nays and entered on the journal, and no THE resolution 49
or motion shall NOT be passed without concurrence of a majority 51
of all members of the board of township trustees, except that 52
each emergency resolution UNDER THAT SECTION shall require the 54
affirmative vote of all of the members of the board for its 55
enactment. If an emergency resolution fails to receive the 56
required vote for passage as an emergency measure but receives 57
the necessary majority for passage as a nonemergency resolution, 58
it shall be considered passed as a nonemergency resolution. 59
Except as otherwise provided in division (B) of this section, a 60
resolution shall become effective thirty days after it is filed 61
with the township clerk. Each emergency resolution shall 62
determine that the resolution is necessary for the immediate 63
preservation of the public peace, health, safety, or welfare, and 64
shall contain a statement of the necessity for the emergency. 65
Each resolution shall be authenticated by the signature of the 66
township clerk. However, BUT the failure or refusal of the clerk 68
to sign a resolution shall not invalidate an otherwise properly 69
enacted resolution.
(B) Each resolution appropriating money, submitting a 71
question to the electorate, determining to proceed with an 72
election, or providing for the approval of a revision, 73
codification, recodification, or rearrangement of resolutions, or 74
publication thereof OF RESOLUTIONS in book form, and any 75
emergency resolution, shall take effect, unless a later time is 77
specified in the resolution, ten days after it is filed with the 78
township clerk.
(C) Each resolution shall be recorded in a book, or other 80
record prescribed by the board, established and maintained for 81
that purpose. The township clerk or a duly authorized deputy to 82
the clerk shall, upon the request of any person and upon the 83
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payment of a fee established by the board, certify true copies of 84
any resolution, and these certified copies shall be admissible as 85
evidence in any court. 86
(D) THE PROCEDURES PROVIDED IN THIS SECTION APPLY ONLY TO 88
RESOLUTIONS ADOPTED PURSUANT TO A TOWNSHIP'S LIMITED HOME RULE 89
POWERS AS AUTHORIZED BY THIS CHAPTER. 90
Sec. 711.10. Whenever a county planning commission or a 99
regional planning commission adopts a plan for the major streets 100
or highways of the county or region, then no plat of a 101
subdivision of land within the county or region, other than land 102
within a municipal corporation or land within three miles of a 103
city or one and one-half miles of a village as provided in 104
section 711.09 of the Revised Code, shall be recorded until it is 105
approved by the county or regional planning commission and the 106
approval is endorsed in writing on the plat. Within five days 107
after the submission of a plat for approval, the county or 109
regional planning commission shall schedule a meeting to consider 110
the plat and send a written notice by regular mail OR BY 111
ELECTRONIC MAIL to the clerk of the board of township trustees of 113
the township in which a proposed THE plat is located. The notice 114
shall inform the trustees of the submission of the proposed plat 116
and of the date, time, and location of any meeting at which the 117
county or regional planning commission will consider or act upon 118
the proposed plat. The meeting shall take place within thirty 119
days after submission of the plat, and no meeting shall be held 120
until at least seven days have passed from the date the notice 122
was sent by the planning commission. The 123
THE approval of the planning commission or the refusal to 126
approve shall be endorsed on the plat within thirty days after 127
the submission of the plat for approval, or within such further 128
time as the applying party may agree to in writing; otherwise 129
that plat is deemed approved, and the certificate of the planning 130
commission as to the date of the submission of the plat for 131
approval and the failure to take action on it within that time 132
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shall be sufficient in lieu of the written endorsement or 134
evidence of approval required by this section. A county or 135
regional planning commission shall not require a person 136
submitting the plat to alter the plat or any part of it as a 137
condition for approval, as long as the plat is in accordance with 138
the general rules governing plats and subdivisions of land, 139
adopted by the commission as provided in this section, in effect 140
at the time the plat was IS submitted. The ground of refusal of 142
approval of any plat submitted, including citation of or 143
reference to the rule violated by the plat, shall be stated upon 144
the record of the commission. Within sixty days after the 145
refusal, the person submitting any plat which THAT the county or 147
regional planning commission refuses to approve may file a 148
petition in the court of common pleas of the proper county, and 149
the proceedings on the petition shall be governed by section 150
711.09 of the Revised Code as in the case of the refusal of a 151
planning authority to approve a plat. A board of township 152
trustees is not entitled to appeal a decision of the county or 153
regional planning commission under this section. 154
Any such A county or regional planning commission shall 156
adopt general rules, of uniform application, governing plats and 157
subdivisions of land falling within its jurisdiction, to secure 158
and provide for the proper arrangement of streets or other 159
highways in relation to existing or planned streets or highways 160
or to the county or regional plan, for adequate and convenient 161
open spaces for traffic, utilities, access of fire-fighting 162
FIREFIGHTING apparatus, recreation, light, and air, and for the 164
avoidance of congestion of population. The rules may provide for 165
their modification by the county or regional planning commission 167
in specific cases where unusual topographical and other 168
exceptional conditions require the modification. The rules may 169
require the county department of health to review and comment on 170
a plat before the county or regional planning commission acts 171
upon it and may also require proof of compliance with any 172
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applicable zoning resolutions as a basis for approval of a plat. 173
Before adoption of its rules or amendment of its rules, a 176
public hearing shall be held on the adoption or amendment by the 178
commission. However, no NOTICE OF THE PUBLIC HEARING SHALL BE
SENT TO ALL TOWNSHIPS IN THE COUNTY OR REGION BY REGULAR MAIL OR 179
ELECTRONIC MAIL AT LEAST THIRTY DAYS BEFORE THE HEARING. NO 180
county or regional planning commission shall adopt any rules 181
requiring actual construction of streets or other improvements or 182
facilities or assurance of that construction as a condition 183
precedent to the approval of a plat of a subdivision unless the 185
requirements have first been adopted by the board of county
commissioners after a public hearing. A copy of the rules shall 188
be certified by the planning commission to the county recorders
of the appropriate counties. After 189
AFTER a county or regional street or highway plan has been 192
adopted as provided in this section, the approval of plats and 193
subdivisions provided for in this section shall be in lieu of any 194
approvals provided for in other sections of the Revised Code, so 195
far as the territory within the approving jurisdiction of the 196
county or regional planning commission, as provided in this 197
section, is concerned. Approval of a plat shall not be an 198
acceptance by the public of the dedication of any street, 199
highway, or other way or open space shown upon the plat. Any 200
such county or regional planning commission and a city or village 201
planning commission, or platting commissioner or legislative 202
authority of a village, with subdivision regulation jurisdiction 203
over unincorporated territory within the county or region may 204
cooperate and agree by written agreement that the approval of a 205
plat by the city or village planning commission, or platting 206
commissioner or legislative authority of a village, as provided 207
in section 711.09 of the Revised Code, shall be conditioned upon 208
receiving advice from or approval by the county or regional 209
planning commission.
Sec. 713.22. (A) The board of county commissioners of any 218
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county may, and on petition of the planning commissions of a 219
majority of the municipal corporations in the county having such 220
THOSE planning commissions shall, provide for the organization 223
and maintenance of a county planning commission. Except as 224
provided in division (B) of this section, a A county planning 226
commission shall consist of eight members appointed by the board 227
of county commissioners, together with the members of the board 228
of county commissioners. If, OR THEIR ALTERNATES DESIGNATED IN 230
ACCORDANCE WITH THIS DIVISION, AND EIGHT OTHER MEMBERS APPOINTED 231
BY THE BOARD IN ACCORDANCE WITH DIVISIONS (B)(1) TO (4) OF THIS 232
SECTION OR THEIR ALTERNATES DESIGNATED AND APPROVED IN ACCORDANCE 234
WITH THIS DIVISION. ANY ALTERNATE DESIGNATED UNDER THIS DIVISION 235
SHALL BE A RESIDENT OF THE COUNTY. 236
TO DESIGNATE AN ALTERNATE FOR A MEMBER OF THE BOARD OF 238
COUNTY COMMISSIONERS, THE BOARD MEMBER SHALL SEND A LETTER OF 239
APPOINTMENT TO THE ALTERNATE AND DELIVER A COPY OF THAT LETTER TO 240
THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS. AT THE NEXT 241
REGULAR MEETING OF THE BOARD, THE CLERK SHALL INFORM THE BOARD OF 242
THE DESIGNATION OF THE ALTERNATE, AND THE BOARD SHALL HAVE THE 243
DESIGNATION ENTERED ON THE JOURNAL. 244
TO DESIGNATE AN ALTERNATE FOR ANY OTHER MEMBER OF THE 246
PLANNING COMMISSION, THE MEMBER SHALL SEND A LETTER OF 247
APPOINTMENT TO THE CLERK OF THE BOARD OF COUNTY COMMISSIONERS 248
DESIGNATING AN INDIVIDUAL TO SERVE AS THAT MEMBER'S ALTERNATE. 250
AT THE NEXT REGULAR MEETING OF THE BOARD, THE CLERK SHALL INFORM
THE BOARD OF THE DESIGNATION OF THE ALTERNATE, WHICH DESIGNATION 252
THE BOARD MAY EITHER APPROVE OR DISAPPROVE. THE BOARD SHALL 253
ENTER ITS DECISION ON THE BOARD'S JOURNAL AND, IF THE ALTERNATE 254
IS APPROVED, DESIGNATE THE NAME OF THE ALTERNATE ON THE JOURNAL. 255
THE CLERK OF THE BOARD SHALL NOTIFY THE COMMISSION MEMBER OF THE 256
BOARD'S ACTION, AND THE COMMISSION MEMBER SHALL INFORM THE 257
ALTERNATE.
A DESIGNATED ALTERNATE SHALL SERVE AT THE PLEASURE OF THE 260
MEMBER WHO MAKES THE DESIGNATION. REMOVAL OF AN ALTERNATE SHALL 261
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BE MADE BY A LETTER OF REMOVAL, DELIVERED AND JOURNALIZED BY THE 262
SAME METHOD THAT THE ALTERNATE WAS DESIGNATED.
ONCE AN ALTERNATE IS DESIGNATED FOR A MEMBER OF THE 264
PLANNING COMMISSION, IF THAT COMMISSION MEMBER IS ABSENT FROM A 265
PLANNING COMMISSION MEETING, THE ALTERNATE HAS THE RIGHT TO VOTE 267
AND PARTICIPATE IN ALL PROCEEDINGS AND ACTIONS OF THE COMMISSION 268
AT THAT MEETING AS IF THAT ALTERNATE WERE THE COMMISSION MEMBER. 269
(B)(1) EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS 271
TOWNSHIPS IN DIVISION (B)(4) OF THIS SECTION, IF the population 272
of the portion of any city located in the county exceeds fifty 275
per cent of the total population of the county, then at least THE 276
BOARD OF COUNTY COMMISSIONERS SHALL SELECT three of the 278
appointive members shall be selected from persons nominated by 279
the planning commission of that city. Otherwise, three members 280
shall be appointed from municipal corporations within the county. 281
The board shall appoint three members from the unincorporated 285
area TERRITORY of the county from persons nominated RECOMMENDED 287
by the townships to the county. If, EXCEPT THAT, IF ONE OR MORE 288
OF THOSE TOWNSHIPS IN the county contains one or more IS A 289
limited home rule government townships TOWNSHIP, then THE BOARD 291
SHALL APPOINT at least one of these three township appointees 293
shall be from the nominees of PERSONS RECOMMENDED BY a limited 294
home rule government township. The remaining two appointees 295
shall be selected at the discretion of the board and shall be 296
citizens RESIDENTS of the county, one residing in the 298
unincorporated area TERRITORY of the county and representing 300
townships and the other residing in the incorporated area 301
TERRITORY of the county and representing municipal corporations 303
in the county.
(B) If a county contains two or less townships with 306
unincorporated territory, a county planning commission shall 307
consist of eight citizens of the county appointed by the board of 310
county commissioners, together with the members of the board of 312
county commissioners, except that if the population of the 313
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portion of any city located in the county exceeds fifty per cent 314
of the total population of the county, then at least three of the 315
appointive members shall be selected from persons nominated by 317
the planning commission of that city. Otherwise, appointees 319
shall be selected at the discretion of the board and shall be 320
citizens of the county. 322
(2) EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS 324
TOWNSHIPS IN DIVISION (B)(4) OF THIS SECTION, IF A COUNTY DOES 325
NOT CONTAIN THE PORTION OF ANY CITY WITH AT LEAST FIFTY PER CENT 327
OF THE TOTAL POPULATION OF THE COUNTY BUT CONTAINS ONE OR MORE 328
LIMITED HOME RULE GOVERNMENT TOWNSHIPS, ONE OF THE APPOINTEES
SHALL BE A RESIDENT OF A LIMITED HOME RULE GOVERNMENT TOWNSHIP IN 329
THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY 330
COMMISSIONERS FROM PERSONS RECOMMENDED BY A LIMITED HOME RULE 332
GOVERNMENT TOWNSHIP IN THE COUNTY. ONE APPOINTEE SHALL BE A 333
RESIDENT OF THE MUNICIPAL CORPORATION WITH THE LARGEST POPULATION
CONTAINED WITHIN THE PORTION OF THE MUNICIPAL CORPORATION LOCATED 334
IN THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY 336
COMMISSIONERS FROM PERSONS RECOMMENDED BY THAT MUNICIPAL 338
CORPORATION. THE REMAINING SIX APPOINTEES SHALL BE RESIDENTS OF 340
THE COUNTY, SELECTED AT THE DISCRETION OF THE BOARD OF COUNTY
COMMISSIONERS. 341
(3) EXCEPT AS PROVIDED FOR COUNTIES WITH TWO OR LESS 343
TOWNSHIPS IN DIVISION (B)(4) OF THIS SECTION, IF A COUNTY DOES 344
NOT CONTAIN THE PORTION OF ANY CITY WITH AT LEAST FIFTY PER CENT 346
OF THE TOTAL POPULATION OF THE COUNTY AND DOES NOT CONTAIN A
LIMITED HOME RULE GOVERNMENT TOWNSHIP, THE BOARD OF COUNTY 348
COMMISSIONERS SHALL APPOINT EIGHT RESIDENTS OF THE COUNTY 349
SELECTED AT THE DISCRETION OF THE BOARD.
(4) IF A COUNTY CONTAINS TWO OR LESS TOWNSHIPS WITH 351
UNINCORPORATED TERRITORY, THE BOARD OF COUNTY COMMISSIONERS SHALL 352
APPOINT EIGHT RESIDENTS OF THE COUNTY SELECTED AT THE DISCRETION 354
OF THE BOARD, EXCEPT THAT, IF THE POPULATION OF THE PORTION OF
ANY CITY LOCATED IN THE COUNTY EXCEEDS FIFTY PER CENT OF THE 356
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TOTAL POPULATION OF THE COUNTY, THEN AT LEAST THREE OF THE 357
APPOINTIVE MEMBERS SHALL BE SELECTED FROM PERSONS NOMINATED BY 358
THE PLANNING COMMISSION OF THAT CITY. 359
(C) The SUBJECT TO DIVISION (F) OF THIS SECTION, THE 361
appointive members of a county planning commission shall be 362
appointed for terms of three years, except that, of the eight 364
members first appointed, three shall be appointed for terms of 366
two years, and two shall be appointed for a term of one year. 367
The members shall serve without pay. Any member of a county 368
planning commission may hold any other public office and may 369
serve as a member of a city, village, and regional planning 370
commission, except as otherwise provided in the charter of any 371
city or village.
(D) The expenses of the appointive members of a county 373
planning commission and the compensation of planning commission 374
employees shall be paid from appropriations made by the board. 376
The county planning commission may employ engineers, 378
accountants, consultants, and employees as are necessary, and 379
make such purchases as may be needed to the furtherance of its 380
operation. 381
The county planning commission may accept, receive, and 383
expend funds, grants, and services from the federal government or 384
its agencies, from departments, agencies, and instrumentalities 385
of this state or any adjoining state or, from one or more 386
counties of this state or any adjoining state or, from any 388
municipal corporation or political subdivision of this or any 389
adjoining state, including A county, regional, and municipal 390
planning commission of this or any adjoining state, or from civic 391
sources, and MAY contract with respect thereto, either separately 392
or, jointly, or cooperatively, and MAY provide such information 394
and reports as may be necessary to secure such financial aid. 396
(E) A county planning commission may adopt a policy under 400
which members of the board of county commissioners, as members of 401
that commission, OR THEIR DESIGNATED ALTERNATES must abstain from 402
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participating and voting on the commission's recommendation, 403
whenever a county planning commission is required by section 404
303.12 of the Revised Code to recommend the approval or denial of 407
a proposed amendment or approval of some modification of an 408
amendment to the county zoning resolution, or IS required by 409
section 303.07 of the Revised Code to approve or disapprove, or 411
make suggestions about, a proposed county zoning resolution. The 413
policy may require that a quorum of the commission under those 414
circumstances be determined on the basis of an eight-member 415
commission instead of an eleven-member commission. 416
(F) IF AT ANY TIME A CHANGE OCCURS WITHIN A COUNTY SO THAT 418
THE POPULATION OF A PORTION OF A CITY WITHIN THE COUNTY EXCEEDS 419
OR NO LONGER EXCEEDS FIFTY PER CENT OF THE TOTAL POPULATION OF 420
THE COUNTY OR A TOWNSHIP BECOMES A LIMITED HOME RULE GOVERNMENT 421
TOWNSHIP, THUS CREATING A SITUATION WHERE THE MEMBERSHIP OF A 422
COUNTY PLANNING COMMISSION SHOULD BE ALTERED TO COMPLY WITH THE 423
MEMBERSHIP REQUIREMENTS OF DIVISION (B) OF THIS SECTION, WITHIN 424
THIRTY DAYS AFTER THE EFFECTIVE DATE OF EITHER OF THOSE TYPES OF 425
CHANGE, THE BOARD OF COUNTY COMMISSIONERS, IN THE BOARD'S 427
DISCRETION, MAY MAKE CHANGES ON THE COMMISSION BY RESOLUTION SO 428
THAT ITS MEMBERSHIP REPRESENTATION COMPLIES WITH DIVISION (B) OF 431
THIS SECTION. IF THE BOARD DOES NOT ADOPT A RESOLUTION TO SO 432
CHANGE THE COMMISSION'S MEMBERSHIP, THE BOARD SHALL PHASE IN THE 434
NECESSARY CHANGES IN THE COMMISSION'S MEMBERSHIP BY WAITING UNTIL 435
A MEMBER'S TERM OF OFFICE EXPIRES AND APPOINTING NEW MEMBERS SO 438
AS TO MEET THE REPRESENTATION REQUIREMENTS OF DIVISION (B) OF 439
THIS SECTION AS SOON AS POSSIBLE WITHOUT INTERFERING WITH ANY 440
MEMBER'S TERM OF OFFICE. 441
Sec. 5555.46. All assessments, with interest accrued 450
thereon ON THEM, made under sections 5555.01 to 5555.72, 451
inclusive, of the Revised Code, shall be placed by the county 453
auditor upon a special duplicate to be collected as other taxes, 454
and the principal shall be payable in not more than twenty FORTY 455
semiannual installments extending over a period of not more than 457
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ten TWENTY years, as determined by the board of county 459
commissioners. If any assessment is twenty-five dollars or less, 460
or if the unpaid balance of any such assessment is twenty-five 461
dollars or less, it shall be paid in full, and not in 462
installments, at the time the first or next installment would 463
otherwise become due and payable. In the event that 464
IF bonds are issued to pay the compensation, damages, and 467
expenses incident to the improvement, the principal sum of such 468
THE assessments shall be payable in such THE number of equal 469
semiannual installments as THAT will provide a fund for the 470
redemption of the bonds so issued. Such THE assessments shall 473
bear interest from the date of THE ISSUANCE OF THE BONDS and at 475
the same rate as the bonds, and the interest shall be collected 477
in like THE SAME manner as the principal of such THE assessments. 479
Section 2. That existing sections 504.11, 711.10, 713.22, 481
and 5555.46 of the Revised Code are hereby repealed. 482
Section 3. Notwithstanding anything to the contrary in 484
section 713.22 of the Revised Code, the change in the composition 485
of a county planning commission required under that section as 486
amended by this act shall be implemented so that any member 487
serving on the commission on the effective date of this act 488
serves out the member's term of office, even if the membership 489
would not then meet the representation requirements in section 490
713.22 of the Revised Code, unless the board of county 491
commissioners within thirty days after the effective date of this 492
act determines, by resolution, that the commission's membership
should comply with the representation requirements enacted by 493
this act. If the board so determines to comply with those 494
representation requirements, the board may remove members from 495
the commission and may appoint members to the commission whose 496
appointments comply with those representation requirements.
Otherwise, as new members are appointed to the commission, the 497
new members shall be appointed so as to meet the representation 498
requirements enacted by this act as soon as possible without 499
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interfering with any member's term of office. 500
Section 4. Within thirty days after the effective date of 502
this act, the clerk of any township that has created a fund for 503
the deposit of special assessments for artificial lighting as 504
provided in section 515.08 of the Revised Code may transfer any 505
surplus in that fund to another township fund if all of the 506
following conditions are met: 507
(1) The surplus has occurred due to overcharges by the 509
company providing the artificial lighting. 510
(2) The board of township trustees adopts a resolution 512
finding that the surplus has occurred and indicating the exact 513
amount of the surplus. 514
(3) That resolution requests the clerk to transfer the 516
surplus to another fund within the township treasury and 517
indicates the specific township account to which the surplus is 518
to be transferred. 519
No surplus shall be transferred as provided in this section 521
after the thirtieth day after the effective date of this act. 522
Section 5. This act is hereby declared to be an emergency 524
measure necessary for the immediate preservation of the public 525
peace, health, and safety. The reason for this necessity is that 526
the terms of members serving on some county planning commissions 527
are coming to an end and, to ensure that new appointees to those 528
commissions will meet the representation requirements enacted by 530
this act instead of the representation requirements in effect 532
prior to the effective date of this act, the new representation 533
requirements must go into effect as soon as possible. Therefore, 534
this act shall go into immediate effect.