As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 548 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-TIBERI-MEAD-CORBIN-ALLEN- 8
CALLENDER-WILLAMOWSKI-GRENDELL-NETZLEY-JOLIVETTE- 9
VESPER-DAMSCHRODER-O'BRIEN-HOLLISTER-VAN VYVEN 10
_________________________________________________________________ 11
A B I L L
To amend sections 101.84, 3109.401, and 3318.30, to 13
amend, for the purpose of adopting a new section 15
number as indicated in parentheses, section
101.84 (101.83), to enact new section 101.84 and 16
sections 101.85, 101.86, and 101.87 of the 17
Revised Code, and to amend Section 27 of Sub.
H.B. 670 of the 121st General Assembly to extend 18
the expiration date of a number of state 19
agencies, to create the Sunset Review Committee, 20
and to terminate the operation of certain
provisions of this act on December 31, 2004, by 21
repealing sections 101.84, 101.85, 101.86, and
101.87 of the Revised Code on that date. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 101.84, 3109.401, and 3318.30 be 26
amended, section 101.84 (101.83) be amended for the purpose of 27
adopting a new section number as indicated in parentheses, and 28
new section 101.84 and sections 101.85, 101.86, and 101.87 of the 29
Revised Code be enacted to read as follows:
Sec. 101.84 101.83. (A) An agency in existence on January 38
1, 1997 2001, shall expire on DECEMBER 31, 2004, UNLESS THE 40
AGENCY IS RENEWED IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION 41
AND, IF SO RENEWED, SHALL EXPIRE THEREAFTER ON the thirty-first
day of December of the fourth year after the year in which it was 44
2
most recently renewed, unless the agency is renewed in accordance 45
with division (D) of this section. An agency created after 46
January 1, 1997 2001, that is created on the thirty-first day of 48
December shall expire not later than four years after its 49
creation, UNLESS THE AGENCY IS RENEWED IN ACCORDANCE WITH 50
DIVISION (D) OF THIS SECTION. An agency created after January 1, 52
1997 2001, that is created on any other date shall be considered 54
for the purpose of this section to have been created on the 55
preceding thirty-first day of December, and THE AGENCY shall 56
expire not later than four years after the date it was considered 57
to have been created, UNLESS THE AGENCY IS RENEWED IN ACCORDANCE 58
WITH DIVISION (D) OF THIS SECTION. Any act creating or renewing 59
an agency shall contain a distinct section providing a specific 61
expiration date for the agency in accordance with this division. 62
(B) If the general assembly does not renew or transfer an 64
agency on or before its expiration date, it shall expire on that 65
date. 66
The auditor of state shall not authorize the expenditure of 68
any moneys for any agency on or after the date of its expiration. 69
(C) The general assembly may provide by law for the 71
orderly, efficient, and expeditious conclusion of an agency's 72
business and operation. The rules, orders, licenses, contracts, 73
and other actions made, taken, granted, or performed by the 74
agency shall continue in effect according to their terms 75
notwithstanding the agency's abolition, unless the general 76
assembly provides otherwise by law. The general assembly may 77
provide by law for the temporary or permanent transfer of some or 78
all of a terminated or transferred agency's functions and 79
personnel to a successor agency or officer. 80
The abolition, termination, or transfer of an agency shall 82
not cause the termination or dismissal of any claim pending 83
against the agency by any person, or any claim pending against 84
any person by the agency. Unless the general assembly provides 85
otherwise by law for the substition SUBSTITUTION of parties, the 86
3
attorney general shall succeed the agency with reference to any 88
pending claim. 89
(D) An agency may be renewed by passage of a bill that 92
continues the statutes creating and empowering the agency or, 93
that amends or repeals those statutes, or THAT enacts new 94
statutes, to improve agency usefulness, performance, or 95
effectiveness.
Sec. 101.84. (A) THERE IS HEREBY CREATED THE SUNSET 97
REVIEW COMMITTEE, TO BE COMPOSED OF NINE MEMBERS. THE PRESIDENT 98
OF THE SENATE SHALL APPOINT THREE MEMBERS OF THE SENATE TO THE 99
COMMITTEE, NOT MORE THAN TWO OF WHOM SHALL BE MEMBERS OF THE SAME 100
POLITICAL PARTY. THE SPEAKER OF THE HOUSE OF REPRESENTATIVES 101
SHALL APPOINT THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO 102
THE COMMITTEE, NOT MORE THAN TWO OF WHOM SHALL BE MEMBERS OF THE
SAME POLITICAL PARTY. THE GOVERNOR, WITH THE ADVICE AND CONSENT 103
OF THE SENATE, SHALL APPOINT THREE MEMBERS TO THE COMMITTEE, NOT 104
MORE THAN TWO OF WHOM SHALL BE MEMBERS OF THE SAME POLITICAL 105
PARTY. MEMBERS SHALL BE APPOINTED WITHIN FIFTEEN DAYS AFTER THE 106
COMMENCEMENT OF THE FIRST REGULAR SESSION OF EACH GENERAL 107
ASSEMBLY.
(B) EACH MEMBER OF THE COMMITTEE WHO IS APPOINTED BY THE 109
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE OF 110
REPRESENTATIVES SHALL SERVE UNTIL THAT COMMITTEE MEMBER'S 111
SUCCESSOR IS APPOINTED OR UNTIL THAT COMMITTEE MEMBER NO LONGER 112
IS A MEMBER OF THE SENATE OR THE HOUSE OF REPRESENTATIVES, 113
WHICHEVER IS APPLICABLE. EACH MEMBER OF THE COMMITTEE WHO IS
APPOINTED BY THE GOVERNOR SHALL SERVE A TWO-YEAR TERM THAT ENDS 114
ON THE THIRTY-FIRST DAY OF DECEMBER OF EACH EVEN-NUMBERED YEAR. 115
A VACANCY ON THE COMMITTEE SHALL BE FILLED IN THE SAME MANNER AS 116
THE ORIGINAL APPOINTMENT. 117
IN THE FIRST REGULAR SESSION OF A GENERAL ASSEMBLY, THE 119
CHAIRPERSON OF THE COMMITTEE SHALL BE A MEMBER OF THE HOUSE OF 120
REPRESENTATIVES, AND THE VICE-CHAIRPERSON OF THE COMMITTEE SHALL 121
BE A MEMBER OF THE SENATE. IN THE SECOND REGULAR SESSION OF THE 122
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GENERAL ASSEMBLY, THE CHAIRPERSON OF THE COMMITTEE SHALL BE A 123
MEMBER OF THE SENATE, AND THE VICE-CHAIRPERSON OF THE COMMITTEE 124
SHALL BE A MEMBER OF THE HOUSE OF REPRESENTATIVES.
MEMBERS OF THE COMMITTEE SHALL RECEIVE NO COMPENSATION, BUT 126
SHALL BE REIMBURSED FOR THEIR NECESSARY EXPENSES INCURRED IN THE 127
PERFORMANCE OF THEIR OFFICIAL DUTIES. 128
(C) THE COMMITTEE SHALL MEET NOT LATER THAN THIRTY DAYS 130
AFTER THE FIRST DAY OF THE FIRST REGULAR SESSION OF THE GENERAL 131
ASSEMBLY TO CHOOSE A CHAIRPERSON AND THE SCHEDULE FOR AGENCY 132
REVIEW PROVIDED FOR IN SECTION 101.85 OF THE REVISED CODE OR 133
PERFORM OTHER COMMITTEE DUTIES UNDER SECTIONS 101.82 TO 101.87 OF
THE REVISED CODE. FIVE MEMBERS OF THE COMMITTEE SHALL CONSTITUTE 134
A QUORUM FOR THE CONDUCT OF COMMITTEE BUSINESS. 135
Sec. 101.85. (A) THE SUNSET REVIEW COMMITTEE, NOT LATER 137
THAN APRIL 1, 2001, SHALL SCHEDULE FOR REVIEW EACH AGENCY IN 138
EXISTENCE ON JANUARY 1, 2001. THE COMMITTEE, BY A UNANIMOUS 139
VOTE, ALSO MAY SCHEDULE FOR REVIEW ANY STATE BOARD OR COMMISSION 140
DESCRIBED IN DIVISION (A)(9) OF SECTION 101.82 OF THE REVISED 141
CODE THAT IS IN EXISTENCE ON THAT DATE, AND ANY BOARD OR 142
COMMISSION SO SCHEDULED SHALL BE CONSIDERED AN AGENCY FOR
PURPOSES OF SECTIONS 101.82 TO 101.87 OF THE REVISED CODE. 143
(B) THE CHAIRPERSON OF THE COMMITTEE SHALL SEND A COPY OF 145
THE SCHEDULE FOR REVIEW OF AGENCIES FOR EACH CALENDAR YEAR TO 146
EACH OF THE AGENCIES SCHEDULED FOR REVIEW DURING THAT YEAR AND TO 147
THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION. THE DIRECTOR 148
SHALL PUBLISH A COPY OF THE SCHEDULE IN THE OHIO ADMINISTRATIVE 149
CODE AND IN THE REGISTER OF OHIO CREATED UNDER SECTION 103.051 OF 150
THE REVISED CODE. THE COMMISSION SHALL PROVIDE THE COMMITTEE 151
WITH A LIST OF AGENCIES, AND STATE BOARDS AND COMMISSIONS 152
DESCRIBED IN DIVISION (A)(9) OF SECTION 101.82 OF THE REVISED
CODE, IN EXISTENCE ON JANUARY 1, 2001, TO ASSIST THE COMMITTEE IN 153
IDENTIFYING AGENCIES AND EXERCISING ITS DUTIES UNDER SECTIONS 154
101.82 TO 101.87 OF THE REVISED CODE WITH RESPECT TO THOSE 155
AGENCIES.
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Sec. 101.86. (A) NOT LATER THAN TWELVE MONTHS PRIOR TO 157
THE DATE ON WHICH AN AGENCY IN EXISTENCE ON JANUARY 1, 2001, IS 158
SCHEDULED TO EXPIRE UNDER DIVISION (A) OF SECTION 101.83 OF THE 159
REVISED CODE, THE SUNSET REVIEW COMMITTEE SHALL HOLD HEARINGS TO 160
RECEIVE THE TESTIMONY OF THE PUBLIC AND OF THE CHIEF EXECUTIVE 161
OFFICER OF EACH AGENCY SCHEDULED FOR REVIEW AND OTHERWISE SHALL 162
CONSIDER AND EVALUATE THE USEFULNESS, PERFORMANCE, AND
EFFECTIVENESS OF THE AGENCY. 163
(B) EACH AGENCY THAT IS SCHEDULED FOR REVIEW SHALL SUBMIT 165
TO THE COMMITTEE A REPORT THAT CONTAINS ALL OF THE FOLLOWING 166
INFORMATION:
(1) THE AGENCY'S PRIMARY PURPOSE AND ITS VARIOUS GOALS AND 168
OBJECTIVES;
(2) THE AGENCY'S PAST AND ANTICIPATED WORK LOAD, THE 170
NUMBER OF STAFF REQUIRED TO COMPLETE THAT WORK LOAD, AND THE 171
AGENCY'S TOTAL NUMBER OF STAFF;
(3) THE AGENCY'S PAST AND ANTICIPATED BUDGETS AND ITS 173
SOURCES OF FUNDING;
(4) THE NUMBER OF MEMBERS OF ITS GOVERNING BOARD OR OTHER 175
ENTITY AND THEIR COMPENSATION, IF ANY. 176
(C) EACH AGENCY SHALL HAVE THE BURDEN OF DEMONSTRATING TO 178
THE COMMITTEE A PUBLIC NEED FOR ITS CONTINUED EXISTENCE. IN 179
DETERMINING WHETHER AN AGENCY HAS DEMONSTRATED THAT NEED, THE 180
COMMITTEE SHALL CONSIDER ALL OF THE FOLLOWING: 181
(1) THE EXTENT TO WHICH THE AGENCY HAS PERMITTED QUALIFIED 183
APPLICANTS TO SERVE THE PUBLIC; 184
(2) THE COST-EFFECTIVENESS OF THE AGENCY IN TERMS OF 186
NUMBER OF EMPLOYEES, SERVICES RENDERED, AND ADMINISTRATIVE COSTS 187
INCURRED, BOTH PAST AND PRESENT;
(3) THE EXTENT TO WHICH THE AGENCY HAS OPERATED IN THE 189
PUBLIC INTEREST, AND WHETHER ITS OPERATION HAS BEEN IMPEDED OR 190
ENHANCED BY EXISTING STATUTES AND PROCEDURES AND BY BUDGETARY, 191
RESOURCE, AND PERSONNEL PRACTICES;
(4) WHETHER THE AGENCY HAS RECOMMENDED STATUTORY CHANGES 193
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TO THE GENERAL ASSEMBLY THAT WOULD BENEFIT THE PUBLIC AS OPPOSED 194
TO THE PERSONS REGULATED BY THE AGENCY, IF ANY, AND WHETHER ITS 195
RECOMMENDATIONS AND OTHER POLICIES HAVE BEEN ADOPTED AND 196
IMPLEMENTED;
(5) WHETHER THE AGENCY HAS REQUIRED ANY PERSONS IT 198
REGULATES TO REPORT TO IT THE IMPACT OF AGENCY RULES AND 199
DECISIONS ON THE PUBLIC AS THEY AFFECT SERVICE COSTS AND SERVICE 200
DELIVERY;
(6) WHETHER PERSONS REGULATED BY THE AGENCY, IF ANY, HAVE 202
BEEN REQUIRED TO ASSESS PROBLEMS IN THEIR BUSINESS OPERATIONS 203
THAT AFFECT THE PUBLIC;
(7) WHETHER THE AGENCY HAS ENCOURAGED PUBLIC PARTICIPATION 205
IN ITS RULE-MAKING AND DECISION-MAKING; 206
(8) THE EFFICIENCY WITH WHICH FORMAL PUBLIC COMPLAINTS 208
FILED WITH THE AGENCY HAVE BEEN PROCESSED TO COMPLETION; 209
(9) WHETHER THE PROGRAMS OR SERVICES OF THE AGENCY 211
DUPLICATE OR OVERLAP THOSE OF OTHER AGENCIES; 212
(10) WHETHER THE PURPOSE FOR WHICH THE AGENCY WAS CREATED 214
HAS BEEN FULFILLED, HAS CHANGED, OR NO LONGER EXISTS; 215
(11) WHETHER FEDERAL LAW REQUIRES THAT THE AGENCY BE 217
RENEWED IN SOME FORM;
(12) CHANGES NEEDED IN THE ENABLING LAWS OF THE AGENCY IN 219
ORDER FOR IT TO COMPLY WITH THE CRITERIA SUGGESTED BY THE 220
CONSIDERATIONS LISTED IN DIVISIONS (C)(1) TO (11) OF THIS 221
SECTION.
(D) IN ITS INITIAL REVIEW OF EACH AGENCY, THE COMMITTEE, 223
WHENEVER POSSIBLE, SHALL REALIGN AGENCY TITLES TO CONFORM TO THE 224
FOLLOWING DESCRIPTIONS: 225
(1) COMMISSION: AN ADMINISTRATIVE APPEALS OR HEARING 227
AGENCY;
(2) AUTHORITY: AN AGENCY EMPOWERED TO ISSUE BONDS OR 229
NOTES;
(3) BOARD: AN AGENCY HAVING A LICENSING FUNCTION ONLY; 231
(4) COUNCIL: AN ADVISORY BODY TO A MAJOR AGENCY OR 233
7
DEPARTMENT;
(5) COMMITTEE: AN ADVISORY BODY TO A MINOR AGENCY OR 235
DEPARTMENT.
Sec. 101.87. (A) AFTER THE COMPLETION OF THE EVALUATION 237
OF ALL AGENCIES UNDER SECTION 101.86 OF THE REVISED CODE, THE 238
SUNSET REVIEW COMMITTEE SHALL PREPARE AND PUBLISH A REPORT OF ITS 239
FINDINGS AND RECOMMENDATIONS. THE COMMITTEE SHALL FURNISH A COPY 240
OF THE REPORT TO THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE 241
HOUSE OF REPRESENTATIVES, THE GOVERNOR, AND EACH AFFECTED AGENCY.
THE REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC IN THE OFFICES 242
OF THE HOUSE AND SENATE CLERKS DURING REASONABLE HOURS. AS PART 243
OF THE REPORT, THE COMMITTEE SHALL RECOMMEND TO THE GENERAL 244
ASSEMBLY, IN BILL FORM, ONE OR MORE OF THE FOLLOWING: 245
(1) AMENDMENT OR REPEAL OF THE STATUTES THAT CREATED AND 247
EMPOWERED AN AGENCY, TO ABOLISH OR TERMINATE THE AGENCY; 248
(2) AMENDMENT OR REPEAL OF THE STATUTES THAT CREATED AND 250
EMPOWERED AN AGENCY, OR ENACTMENT OF NEW STATUTES, TO TERMINATE 251
THE AGENCY, TO TRANSFER THE AGENCY, OR TO IMPROVE THE AGENCY'S 252
USEFULNESS, PERFORMANCE, OR EFFECTIVENESS;
(3) AMENDMENT OR REPEAL OF THE STATUTES THAT CREATED AND 254
EMPOWERED TWO OR MORE AGENCIES, OR ENACTMENT OF NEW STATUTES, TO 255
REORGANIZE OR TRANSFER THEM AND THEREBY IMPROVE AGENCY 256
USEFULNESS, PERFORMANCE, OR EFFECTIVENESS; 257
(4) AMENDMENT OR CONTINUATION OF THE STATUTES THAT CREATED 259
AND EMPOWERED AN AGENCY, OR ENACTMENT OF NEW STATUTES, TO RENEW 260
THE AGENCY.
(B) RECOMMENDATIONS MADE BY THE COMMITTEE SHALL INDICATE 262
HOW OR WHETHER THEIR IMPLEMENTATION WILL DO EACH OF THE 263
FOLLOWING:
(1) PROMOTE ECONOMY IN THE OPERATION OF STATE GOVERNMENT; 265
(2) IMPROVE EFFICIENCY IN THE MANAGEMENT OF STATE 267
GOVERNMENT;
(3) IMPROVE SERVICES RENDERED TO CITIZENS OF THE STATE; 269
(4) SIMPLIFY AND IMPROVE PREPARATION OF THE STATE BUDGET; 271
8
(5) CONSERVE THE NATURAL RESOURCES OF THE STATE; 273
(6) PROMOTE THE ORDERLY GROWTH OF THE STATE AND ITS 275
GOVERNMENT;
(7) IMPROVE THE EFFECTIVENESS OF THE SERVICES PERFORMED BY 277
THE SERVICE DEPARTMENTS OF THE STATE, INCLUDING THE OFFICE OF 278
BUDGET AND MANAGEMENT AND THE DEPARTMENT OF ADMINISTRATIVE 279
SERVICES;
(8) AVOID DUPLICATION OF EFFORT BY STATE AGENCIES; 281
(9) IMPROVE THE ORGANIZATION AND COORDINATION OF THE STATE 283
GOVERNMENT IN ONE OR MORE OF THE WAYS LISTED IN DIVISIONS (B)(1) 284
TO (8) OF THIS SECTION. 285
(C) THE OFFICE OF BUDGET AND MANAGEMENT, DEPARTMENT OF 287
ADMINISTRATIVE SERVICES, STATE AUDITOR, LEGISLATIVE SERVICE 288
COMMISSION, AND ANY OTHER STATE AGENCY SHALL SUPPLY, UPON THE 289
COMMITTEE'S REQUEST, THE COMMITTEE WITH MATERIAL, INFORMATION, 290
AND REPORTS NEEDED FOR THE PREPARATION OF THE REPORT AND ITS 291
RECOMMENDATIONS.
Sec. 3109.401. (A) The general assembly finds the 301
following:
(1) That the parent and child relationship is of 303
fundamental importance to the welfare of a child, and that the 304
relationship between a child and each parent should be fostered 305
unless inconsistent with the child's best interests;. 306
(2) That parents have the responsibility to make decisions 309
and perform other parenting functions necessary for the care and 310
growth of their children;.
(3) That the courts, when allocating parenting functions 312
and responsibilities with respect to the child in a divorce, 313
dissolution OF MARRIAGE, legal separation, annulment, or any 314
other proceeding addressing the allocation of parental rights and 315
responsibilities, must determine the child's best interests;. 317
(4) That the courts and parents must take into 319
consideration the following general principles when allocating 320
parental rights and responsibilities and developing appropriate 322
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terms for parenting plans:
(a) Children are served by a parenting arrangement that 325
best provides for a child's safety, emotional growth, health, 326
stability, and physical care.
(b) Exposure of the child to harmful parental conflict 329
should be minimized as much as possible. 330
(c) Whenever appropriate, parents should be encouraged to 333
meet their responsibilities to their children through agreements 334
rather than by relying on judicial intervention. 335
(d) When a parenting plan provides for mutual 338
decision-making responsibility by the parents but they are unable 339
to make decisions mutually, they should make a good faith effort 340
to utilize the mediation process as required by the parenting 341
plan.
(e) In apportioning between the parents the daily physical 344
living arrangements of the child and the child's location during 345
legal and school holidays, vacations, and days of special 346
importance, a court should not impose any type of standard 347
schedule unless a standard schedule meets the needs of the child
better than any proposed alternative parenting plan. 348
(B) It is, therefore, the purpose of Chapter 3109. of the 351
Revised Code THIS CHAPTER, when it is in the child's best 353
interest, to foster the relationship between the child and each
parent when a court allocates parental rights and 354
responsibilities with respect to the child in a divorce, 355
dissolution OF MARRIAGE, legal separation, annulment, or any 356
other proceeding addressing the allocation of parental rights and 357
responsibilities. 358
(C) There is hereby created the task force on family law 361
and children consisting of twenty-four members. The Ohio state 362
bar association shall appoint three members who shall be 363
attorneys with extensive experience in the practice of family 364
law. The Ohio association of domestic relations judges shall 366
appoint three members who shall be domestic relations judges. 367
10
The Ohio association of juvenile and family court judges shall 369
appoint three members who shall be juvenile or family court 370
judges. The chief justice of the supreme court shall appoint 371
eight members, three of whom shall be persons who practice in the 372
field of family law mediation, two of whom shall be persons who 373
practice in the field of child psychology, one of whom shall be a 374
person who represents parent and child advocacy organizations, 375
one of whom shall be a person who provides parenting education 376
services, and one of whom shall be a magistrate employed by a 377
domestic relations or juvenile court. The speaker of the house
of representatives shall appoint two members who shall be members 378
of the house of representatives and who shall be from different 379
political parties. The president of the senate shall appoint two 380
members who shall be members of the senate and who shall be from 381
different political parties. The governor shall appoint two 382
members who shall represent child caring agencies. One member 384
shall be the director of human services or the director's
designee. The chief justice shall designate one member of the 385
task force to chair the task force. 386
The appointing authorities and persons shall make 388
appointments to the task force on family law and children within 390
thirty days after the effective date of this section SEPTEMBER 1, 391
1998. Section 101.84 SECTIONS 101.82 TO 101.87 of the Revised 392
Code does DO not apply to the task force. 393
(D) The task force on family law and children shall do all 396
of the following:
(1) Appoint and fix the compensation of any technical, 398
professional, and clerical employees and perform any services 399
that are necessary to carry out the powers and duties of the task 400
force on family law and children. All employees of the task 401
force shall serve at the pleasure of the task force. 402
(2) By December 31, 1999, submit to the speaker and 405
minority leader of the house of representatives and to the 406
president and the minority leader of the senate a report of its 407
11
findings and recommendations on how to create a more civilized 408
and constructive process for the parenting of children whose 409
parents do not reside together. The recommendations shall 410
propose a system to do all of the following: 411
(a) Put children first; 413
(b) Provide families with choices before they make a 416
decision to obtain or finalize a divorce, dissolution OF
MARRIAGE, legal separation, or annulment; 417
(c) Redirect human services to intervention and 419
prevention, rather than supporting the casualties of the current 420
process; 421
(d) Avoid needless conflict between the participants; 424
(e) Encourage problem solving among the participants; 427
(f) Force the participants to act responsibly; 430
(g) Shield both the participants and their children from 433
lasting emotional damage.
(3) Gather information on and study the current state of 435
family law in this state; 436
(4) Collaborate and consult with entities engaged in 438
family and children's issues, including, but not limited to, the 439
Ohio association of child caring agencies, the Ohio family court 441
feasibility study, and the Ohio courts futures commission;
(5) Utilize findings and outcomes from pilot projects 443
conducted by the Ohio family court feasibility study to explore 444
alternatives in creating a more civilized and constructive 445
process for the parenting of children whose parents do not reside 446
together with an emphasis on the areas of mediation and obtaining 448
visitation compliance.
(E) Courts of common pleas shall cooperate with the task 451
force on family law and children in the performance of the task 452
force's duties described in division (D) of this section. 453
Sec. 3318.30. (A) There is hereby created the Ohio school 463
facilities commission. The commission shall administer the 464
provision of financial assistance to school districts for the 465
12
acquisition or construction of classroom facilities in accordance 466
with sections 3318.01 to 3318.33 of the Revised Code. 467
The commission is a body corporate and politic, an agency 469
of state government and an instrumentality of the state, 470
performing essential governmental functions of this state. The 471
carrying out of the purposes and the exercise by the commission 472
of its powers conferred by sections 3318.01 to 3318.33 of the 473
Revised Code are essential public functions and public purposes 475
of the state. The commission may, in its own name, sue and be 476
sued, enter into contracts, and perform all the powers and duties 477
given to it by sections 3318.01 to 3318.33 of the Revised Code, 479
but it does not have and shall not exercise the power of eminent 480
domain.
(B) The commission shall consist of seven members, three 483
of whom are voting members. The voting members of the commission 484
shall be the director of the office of budget and management, the 485
director of administrative services, and the superintendent of 486
public instruction, or their designees. Of the nonvoting 487
members, two shall be members of the senate appointed by the 488
president of the senate, and two shall be members of the house of 489
representatives appointed by the speaker of the house. Each of 490
the appointees of the president, and each of the appointees of 491
the speaker, shall be members of different political parties. 492
Nonvoting members shall serve as members of the commission 494
during the legislative biennium for which they are appointed, 495
except that any such member who ceases to be a member of the 496
legislative house from which the member was appointed shall cease 498
to be a member of the commission. Each nonvoting member shall be 499
appointed within thirty-one days of the end of the term of that 500
member's predecessor. Such members may be reappointed.
Vacancies of nonvoting members shall be filled in the manner 501
provided for original appointments. 502
Members of the commission shall serve without compensation. 505
After the initial nonvoting members of the commission have 507
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been appointed, the commission shall meet and organize by 508
electing voting members as the chairperson and vice-chairperson 509
of the commission, who shall hold their offices until the next 511
organizational meeting of the commission. Organizational 512
meetings of the commission shall be held at the first meeting of 513
each calendar year. At each organizational meeting, the 514
commission shall elect from among its voting members a 515
chairperson and vice-chairperson, who shall serve until the next
annual organizational meeting. The commission shall adopt rules 517
pursuant to section 111.15 of the Revised Code for the conduct of 519
its internal business and shall keep a journal of its 520
proceedings. Including the organizational meeting, the 521
commission shall meet at least once each calendar quarter. 522
Two voting members of the commission constitute a quorum, 524
and the affirmative vote of two members is necessary for approval 526
of any action taken by the commission. A vacancy in the 527
membership of the commission does not impair a quorum from
exercising all the rights and performing all the duties of the 528
commission. Meetings of the commission may be held anywhere in 529
the state, and shall be held in compliance with section 121.22 of 531
the Revised Code.
(C) The commission shall file an annual report of its 534
activities and finances with the governor, speaker of the house 535
of representatives, president of the senate, and chairpersons of 536
the house and senate finance committees. 537
(D) The commission shall be exempt from the requirements 540
of sections 101.82 and 101.84 TO 101.87 of the Revised Code. 541
Section 2. That existing sections 101.84, 3109.401, and 543
3318.30 of the Revised Code are hereby repealed. 544
Section 3. That Section 27 of Sub. H.B. 670 of the 121st 546
General Assembly be amended to read as follows: 547
"Sec. 27. The following agencies shall be retained 549
pursuant to division (D) of section 101.84 101.83 of the Revised 550
Code and shall expire on December 31, 2001, pursuant to the 552
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version of section 101.84 of the Revised Code that takes effect 553
on January 1, 1997, with the exception of the Muskingum River
Advisory Board which shall expire on June 29, 1998, pursuant to 554
Section 2 of Am. H.B. 351 of the 117th General Assembly 2004: 555
REVISED CODE OR 558
UNCODIFIED
AGENCY NAME SECTION 560
Advisory Board COUNCIL on Amusement Ride 1711.51 562
Safety
Advisory Board of Directors for Prison Labor 5145.162 564
Appalachian Public Facilities Task Force Sec. 3, H.B. 566
COUNCIL 280, 121st GA
Apprenticeship Council 4111.26 568
Armory Board of Control 5911.09 570
Banking Board COMMISSION 1127.02 1123.01 573
Board of Voting Machine Examiners 3506.05(B) 575
Board of Governors, Medical Malpractice Joint 3929.77 577
Underwriting Association
Board of Tax Appeals 5703.02 579
Board on Unreclaimed Strip Mine Lands 1513.29 581
BRAIN INJURY ADVISORY COMMITTEE 3304.231 584
Capitol Square Review and Advisory Board 105.41 586
Child Support Guideline Advisory Commission 3113.215(G) 589
COUNCIL
Children's Trust Fund Board 3109.15 591
Citizen's Advisory Board COUNCIL (Dept. of 5123.092 595
Mental Retardation and Developmental
Disabilities) 594
Citizen's Advisory Board COUNCIL (Dept. of 5119.81 598
Mental Health)
Civilian Conservation Advisory Council 1553.10 600
COMMITTEE
Coastal Resources Advisory Council 1506.12 602
Commission on African-American Males 4112.12 604
15
Commission on Spanish-Speaking 121.31 607
HISPANIC-LATINO Affairs
Committee of Blind Vendors 3304.34 609
Commodity Advisory Commission 926.32 611
Community Mental Retardation and 5123.353 614
Developmental Disabilities Trust Fund
Advisory Board COUNCIL 613
Continuing Education Committee (for sheriffs) 109.80 616
Controlling Board 127.12 618
Council on Alcohol and Drug Addiction 3793.09 620
Services
COUNCIL ON UNRECLAIMED STRIP MINE LANDS 1513.29 623
County Sheriff's SHERIFFS' Standard Car 311.25 626
Marking and Uniform Commission
Criminal Sentencing Advisory Committee 181.22 628
Day-Care Advisory Council 5104.08 630
Development Financing Advisory Board COUNCIL 122.40 632
Electrical Safety Inspector Advisory Board 3783.08 635
COMMITTEE
Engineering Experiment Station Advisory 3335.27 638
Council COMMITTEE
Environmental Board of Review APPEALS 3745.02 641
COMMISSION
Environmental Education Board of Trustees 3745.21 643
COUNCIL
Forestry Advisory Council 1503.40 645
Governor's Community Service Commission 121.40 647
COUNCIL
Governor's Council on People with 3303.41 649
Disabilities
Hazardous Waste Facility Board 3734.05 651
Head Injury Advisory Council 3304.231 653
Health Care Quality Advisory Council 4121.442 655
Health Data Advisory Committee 3729.61 657
16
Hemophilia Advisory Committee COUNCIL 3701.145 659
Historic Site Preservation Advisory Board 149.301 661
Home Health Agency Advisory Council 3701.88 663
Hospital Advisory Committee and the Medical 3929.77 3929.76 666
Advisory Committee of the Joint
Underwriting Association Board of
Governors
Industrial Commission 4121.02 668
Industrial Commission Nominating Committee 4121.04 671
COUNCIL
Industrial Technology and Enterprise Advisory 122.29 674
Board COUNCIL
Insurance Agent Education Advisory Board 3905.483 676
COUNCIL
Interagency Recycling Market Development 1502.10 678
Workgroup
Joint Committee COUNCIL on Mental Retardation 101.37 681
and Developmental Disabilities
Joint Select Committee on Volume Cap 133.021 683
Labor-Management Government Advisory 4121.70 686
Committee COUNCIL
Lake Erie Commission 1506.21 688
Legal Rights Service Commission 5123.60 690
Martha Kinney Cooper Ohioana Library 3375.62 692
Association Board of Trustees
Maternal and Child Health Consultants' Group 3701.025 695
COUNCIL
Medicaid Long-Term Care Reimbursement Study 5111.34 698
Committee COUNCIL
Medically Handicapped Children's Medical 3701.025 701
Advisory Committee COUNCIL
Milk Sanitation Board 3717.69 917.03 703
Mine Subsidence Insurance Governing Board 3929.51 705
17
Multi-Agency Radio Communication Systems Sec. 21, H.B. 707
Steering Committee 790, 120th GA
Multidisciplinary Board COUNCIL 3746.03 709
Muskingum River Advisory Board 1501.25 711
National Museum of Afro-American History and 149.303 714
Culture Planning Council COMMITTEE
Ohio Advisory Council for the Aging 173.03 716
Ohio Arts Council 3379.02 718
Ohio Arts AND SPORTS Facilities Commission 3383.02 720
Ohio Benefit Systems Data Linkage Committee 125.24 722
Ohio Bicentennial Commission 149.32 724
Ohio Cemetery Dispute Resolution Committee 4767.05 727
COMMISSION
Ohio Commission on Dispute Resolution and 179.02 729
Conflict Management
Ohio Educational Telecommunications Network 3353.02 731
Commission
Ohio Ethics Commission 102.05 733
Ohio Expositions Commission 991.02 735
Ohio Family and Children First Cabinet 121.37 737
Council
Ohio Geology Advisory Council 1505.11 739
Ohio Grape Industries Committee 924.51 741
Ohio Historical Society Board of Trustees 149.30 743
OHIO LAKE ERIE COMMISSION 1506.21 745
Ohio Medical Quality Foundation 3701.89 747
Ohio Natural Areas Council 1517.03 749
Ohio Parks and Recreation Advisory Council 1541.40 751
Ohio Peace Officer Training Council 109.71 753
COMMISSION
OHIO POLICE AND FIRE PENSION FUND BOARD OF 742.03 756
TRUSTEES
Ohio Public Defender Commission 120.01 758
18
OHIO PUBLIC EMPLOYEES DEFERRED COMPENSATION 145.72 760
BOARD
Ohio Quarter Horse Development Committee 3769.086 763
COMMISSION
Ohio Retirement Study Commission COUNCIL 171.01 765
Ohio Scenic Rivers Advisory Councils 1517.18 767
Ohio Small Government Capital Improvements 164.02 769
Commission
Ohio Soil and Water Conservation Commission 1515.02 771
Ohio Standardbred Development Committee 3769.085 774
COMMISSION
Ohio Steel Industry Advisory Commission 122.97 776
COUNCIL
Ohio Student Aid Commission 3351.05 778
Ohio Teacher Education and Certification 3319.282 781
LICENSURE Advisory Commission COUNCIL 3319.28(D)
Ohio Thoroughbred Racing Advisory Committee 3769.084 783
Ohio Tuition Trust Authority 3334.03 785
Ohio University College of Osteopathic 3337.10 788
Medicine Advisory Board COMMITTEE
OHIO VENDORS REPRESENTATIVE COMMITTEE 3304.34 790
Ohio Veterans VETERANS' Home Board of 5907.02 793
Trustees
Ohio War Orphans' ORPHANS Scholarship Board 5910.02 795
Ohio Water Advisory Council 1521.031 797
Oil and Gas Board of Review COMMISSION 1509.35 799
Organized Crime Investigations Commission 177.01 801
Parole Board 5149.10 803
Pharmacy and Therapeutics Committee of the 5111.81 805
Dept. of Human Services
Physical Fitness and Sports Advisory Board 3701.77 807
Police and Firemen's Disability and Pension 742.03 810
Fund Board of Trustees
Power Siting Board 4906.02 812
19
Private Water Systems Advisory Board COUNCIL 3701.346 814
Public Employees Deferred Compensation Board 145.72 816
Public Employees Retirement Board 145.04 818
Public Employment Risk Reduction Advisory 4167.02 820
Commission
Public Utilities Commission Nominating 4901.021 822
Council
Reclamation Board of Review COMMISSION 1513.05 824
Recreation and Resources Commission 1501.04 826
Recycling and Litter Prevention Advisory 1502.04 828
Council
Rehabilitation Services Commission Consumer 3304.24 834
COMMISSION'S BUREAU OF SERVICES FOR THE
VISUALLY IMPAIRED ADVISORY COMMITTEE AND 832
BUREAU OF VOCATIONAL REHABILITATION
Advisory Council COMMITTEE 833
School Employees Retirement Board 3309.04 836
Select Commission on Pyrotechnics Sec. 3, H.B. 838
508, 119th GA
Services Committee of the Workers' 4121.06 840
Compensation System
Set Aside Review Board 123.151(C)(4) 842
Small Business Stationary Source Technical 3704.19 845
and Environmental Compliance Assistance
Council
Solid Waste Management Advisory Council 3734.51 847
State Board of Deposit 135.02 849
State Board of Library Examiners 3375.47 851
State Board COUNCIL of Uniform State Laws 105.21 853
State Committee for the Purchase of Products 4115.32 857
and Services of Persons with Severe
Disabilities
State Criminal Sentencing Commission COUNCIL 181.21 859
State Fire Commission 3737.81 861
20
State Highway Patrol Retirement Board 5505.04 863
State and Local Government Commission of Ohio 105.45 865
State Teachers Retirement Board 3307.04 867
State Victims Assistance Advisory Board 109.91 869
COMMITTEE
Student Tuition Recovery Authority 3332.081 871
Subcommittee of the State Board of Emergency 4765.55 875
Medical Services for Fire Fighter
FIREFIGHTER and Fire Safety Inspector
Training
Submerged Lands Advisory Committee COUNCIL 1506.37 877
Tax Credit Authority 122.17 879
Technical Advisory Committee to assist the 1551.35 882
Director of the Ohio Coal Development
Office
Technical Advisory Council on Oil and Gas 1509.38 884
Technology Advisory Committee (for Education) Sec. 45.01, 886
H.B. 117, 121st
GA
Unemployment Compensation Board of Review 4141.06 889
COMMISSION
Unemployment Compensation Advisory Commission 4141.08 892
COUNCIL
Utility Radiological Safety Board 4937.02 894
Veterans Advisory Board COMMITTEE 5902.02(K) 896
Water and Sewer Commission 1525.11(C) 898
Waterways Safety Council 1547.73 900
Welfare Oversight Commission COUNCIL 5101.93 902
Wildlife Council 1531.03 904
Women's Policy and Research Commission 121.51 906
Workers' Compensation System Oversigh Sec. 10, H.B. 909
OVERSIGHT Committee 222, 118th GA
Wright-Dunbar State Heritage Commission 149.321" 911
Section 4. That existing Section 27 of Sub. H.B. 670 of 914
21
the 121st General Assembly is hereby repealed. 915
Section 5. The Sunset Review Committee created by section 917
101.84 of the Revised Code, as enacted by this act, shall review 918
the implementation and operation of sections 101.82 to 101.87 of 919
the Revised Code. As part of its review, the Committee shall 920
determine whether there is a need to establish a permanent 921
legislative committee to conduct an ongoing review of existing 922
state agencies and an ongoing evaluation of proposed new state 923
agencies and determine what role, if any, the Department of 925
Administrative Services could play in an ongoing review and 926
evaluation process of that nature. The Committee shall report 927
the findings and recommendations resulting from the review it 928
conducts under this section to the Governor, the Speaker of the 929
House of Representatives, and the President of the Senate at the 930
same time it submits the report required by section 101.87 of the 931
Revised Code.
Section 6. Sections 101.84, 101.85, 101.86, and 101.87 of 933
the Revised Code, as enacted by this act, are repealed December 934
31, 2004.
Section 7. Sections 1, 2, 3, 4, 5, and 6 of this act shall 936
take effect on January 1, 2001. 937