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          

                                                          4      


                                                                 
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.                                                                       

                                                          5      


                                                                 
      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          

                                                          6      


                                                                 
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          

                                                          9      


                                                                 
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          

                                                          13     


                                                                 
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          

                                                          14     


                                                                 
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