As Reported by the Senate State and Local Government 2
and Veterans Affairs Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 548 6
1999-2000 7
REPRESENTATIVES TERWILLEGER-TIBERI-MEAD-CORBIN-ALLEN- 9
CALLENDER-WILLAMOWSKI-GRENDELL-NETZLEY-JOLIVETTE-VESPER- 10
DAMSCHRODER-O'BRIEN-HOLLISTER-VAN VYVEN-CAREY-BUCHY- 11
HARRIS-BUEHRER-MOTTLEY-WIDENER-EVANS-SCHULER-ROMAN-KILBANE- 12
PATTON-SYKES-SENATOR GARDNER 13
_________________________________________________________________ 15
A B I L L
To amend sections 101.84, 173.58, 183.04, 183.12, 17
183.20, 3109.401, 3304.24, 3318.30, 3333.373, 18
3701.264, 3717.02, 4723.71, 4765.04, 4928.58, 19
5101.343, 5153.66, and 6301.04, to amend, for the
purpose of adopting a new section number as 22
indicated in parentheses, section 101.84
(101.83), and to enact new section 101.84 and 23
sections 101.85, 101.86, and 101.87 of the 24
Revised Code and to amend Section 3 of Am. Sub.
H.B. 1 of the 123rd General Assembly, Section 4 25
of Sub. H.B. 538 of the 123rd General Assembly, 26
and Section 27 of Sub. H.B. 670 of the 121st 27
General Assembly to extend the expiration date of 28
a number of state agencies, to create the Sunset
Review Committee, and to terminate the operation 29
of certain provisions of this act on December 31, 30
2004, by repealing sections 101.84, 101.85,
101.86, and 101.87 of the Revised Code on that 31
date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
Section 1. That sections 101.84, 173.58, 183.04, 183.12, 35
2
183.20, 3109.401, 3304.24, 3318.30, 3333.373, 3701.264, 3717.02, 37
4723.71, 4765.04, 4928.58, 5101.343, 5153.66, and 6301.04 be
amended, section 101.84 (101.83) be amended for the purpose of 39
adopting a new section number as indicated in parentheses, and 40
new section 101.84 and sections 101.85, 101.86, and 101.87 of the 41
Revised Code be enacted to read as follows:
Sec. 101.84 101.83. (A) An agency in existence on January 50
1, 1997 2001, shall expire on DECEMBER 31, 2004, UNLESS THE 52
AGENCY IS RENEWED IN ACCORDANCE WITH DIVISION (D) OF THIS SECTION 53
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 56
most recently renewed, unless the agency is renewed in accordance 57
with division (D) of this section. An agency created after 58
January 1, 1997 2001, that is created on the thirty-first day of 60
December shall expire not later than four years after its 61
creation, UNLESS THE AGENCY IS RENEWED IN ACCORDANCE WITH 62
DIVISION (D) OF THIS SECTION. An agency created after January 1, 64
1997 2001, that is created on any other date shall be considered 66
for the purpose of this section to have been created on the 67
preceding thirty-first day of December, and THE AGENCY shall 68
expire not later than four years after the date it was considered 69
to have been created, UNLESS THE AGENCY IS RENEWED IN ACCORDANCE 70
WITH DIVISION (D) OF THIS SECTION. Any act creating or renewing 71
an agency shall contain a distinct section providing a specific 73
expiration date for the agency in accordance with this division. 74
(B) If the general assembly does not renew or transfer an 76
agency on or before its expiration date, it shall expire on that 77
date. 78
The auditor of state shall not authorize the expenditure of 80
any moneys for any agency on or after the date of its expiration. 81
(C) The general assembly may provide by law for the 83
orderly, efficient, and expeditious conclusion of an agency's 84
business and operation. The rules, orders, licenses, contracts, 85
and other actions made, taken, granted, or performed by the 86
3
agency shall continue in effect according to their terms 87
notwithstanding the agency's abolition, unless the general 88
assembly provides otherwise by law. The general assembly may 89
provide by law for the temporary or permanent transfer of some or 90
all of a terminated or transferred agency's functions and 91
personnel to a successor agency or officer. 92
The abolition, termination, or transfer of an agency shall 94
not cause the termination or dismissal of any claim pending 95
against the agency by any person, or any claim pending against 96
any person by the agency. Unless the general assembly provides 97
otherwise by law for the substition SUBSTITUTION of parties, the 98
attorney general shall succeed the agency with reference to any 100
pending claim. 101
(D) An agency may be renewed by passage of a bill that 104
continues the statutes creating and empowering the agency or, 105
that amends or repeals those statutes, or THAT enacts new 106
statutes, to improve agency usefulness, performance, or 107
effectiveness.
Sec. 101.84. (A) THERE IS HEREBY CREATED THE SUNSET 109
REVIEW COMMITTEE, TO BE COMPOSED OF NINE MEMBERS. THE PRESIDENT 110
OF THE SENATE SHALL APPOINT THREE MEMBERS OF THE SENATE TO THE 111
COMMITTEE, NOT MORE THAN TWO OF WHOM SHALL BE MEMBERS OF THE SAME 112
POLITICAL PARTY. THE SPEAKER OF THE HOUSE OF REPRESENTATIVES 113
SHALL APPOINT THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO 114
THE COMMITTEE, NOT MORE THAN TWO OF WHOM SHALL BE MEMBERS OF THE
SAME POLITICAL PARTY. THE GOVERNOR, WITH THE ADVICE AND CONSENT 115
OF THE SENATE, SHALL APPOINT THREE MEMBERS TO THE COMMITTEE, NOT 116
MORE THAN TWO OF WHOM SHALL BE MEMBERS OF THE SAME POLITICAL 117
PARTY. MEMBERS SHALL BE APPOINTED WITHIN FIFTEEN DAYS AFTER THE 118
COMMENCEMENT OF THE FIRST REGULAR SESSION OF EACH GENERAL 119
ASSEMBLY.
(B) EACH MEMBER OF THE COMMITTEE WHO IS APPOINTED BY THE 121
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE OF 122
REPRESENTATIVES SHALL SERVE UNTIL THAT COMMITTEE MEMBER'S 123
4
SUCCESSOR IS APPOINTED OR UNTIL THAT COMMITTEE MEMBER NO LONGER 124
IS A MEMBER OF THE SENATE OR THE HOUSE OF REPRESENTATIVES, 125
WHICHEVER IS APPLICABLE. EACH MEMBER OF THE COMMITTEE WHO IS
APPOINTED BY THE GOVERNOR SHALL SERVE A TWO-YEAR TERM THAT ENDS 126
ON THE THIRTY-FIRST DAY OF DECEMBER OF EACH EVEN-NUMBERED YEAR. 127
A VACANCY ON THE COMMITTEE SHALL BE FILLED IN THE SAME MANNER AS 128
THE ORIGINAL APPOINTMENT. 129
IN THE FIRST REGULAR SESSION OF A GENERAL ASSEMBLY, THE 131
CHAIRPERSON OF THE COMMITTEE SHALL BE A MEMBER OF THE HOUSE OF 132
REPRESENTATIVES, AND THE VICE-CHAIRPERSON OF THE COMMITTEE SHALL 133
BE A MEMBER OF THE SENATE. IN THE SECOND REGULAR SESSION OF THE 134
GENERAL ASSEMBLY, THE CHAIRPERSON OF THE COMMITTEE SHALL BE A 135
MEMBER OF THE SENATE, AND THE VICE-CHAIRPERSON OF THE COMMITTEE 136
SHALL BE A MEMBER OF THE HOUSE OF REPRESENTATIVES.
MEMBERS OF THE COMMITTEE SHALL RECEIVE NO COMPENSATION, BUT 138
SHALL BE REIMBURSED FOR THEIR NECESSARY EXPENSES INCURRED IN THE 139
PERFORMANCE OF THEIR OFFICIAL DUTIES. 140
(C) THE COMMITTEE SHALL MEET NOT LATER THAN THIRTY DAYS 142
AFTER THE FIRST DAY OF THE FIRST REGULAR SESSION OF THE GENERAL 143
ASSEMBLY TO CHOOSE A CHAIRPERSON AND TO COMMENCE ESTABLISHMENT OF 144
THE SCHEDULE FOR AGENCY REVIEW PROVIDED FOR IN SECTION 101.85 OF 146
THE REVISED CODE OR PERFORM OTHER COMMITTEE DUTIES UNDER SECTIONS
101.82 TO 101.87 OF THE REVISED CODE. FIVE MEMBERS OF THE 147
COMMITTEE SHALL CONSTITUTE A QUORUM FOR THE CONDUCT OF COMMITTEE 148
BUSINESS.
Sec. 101.85. (A) THE SUNSET REVIEW COMMITTEE, NOT LATER 150
THAN SIXTY DAYS AFTER ITS FIRST MEETING IN 2001, SHALL SCHEDULE 151
FOR REVIEW EACH AGENCY IN EXISTENCE ON JANUARY 1, 2001. THE 153
COMMITTEE, BY A UNANIMOUS VOTE, ALSO MAY SCHEDULE FOR REVIEW ANY 154
STATE BOARD OR COMMISSION DESCRIBED IN DIVISION (A)(9) OF SECTION 155
101.82 OF THE REVISED CODE THAT IS IN EXISTENCE ON THAT DATE, AND
ANY BOARD OR COMMISSION SO SCHEDULED SHALL BE CONSIDERED AN 156
AGENCY FOR PURPOSES OF SECTIONS 101.82 TO 101.87 OF THE REVISED 157
CODE.
5
(B) THE CHAIRPERSON OF THE COMMITTEE SHALL SEND A COPY OF 159
THE SCHEDULE FOR REVIEW OF AGENCIES FOR EACH CALENDAR YEAR TO 160
EACH OF THE AGENCIES SCHEDULED FOR REVIEW DURING THAT YEAR AND TO 161
THE DIRECTOR OF THE LEGISLATIVE SERVICE COMMISSION. THE DIRECTOR 162
SHALL PUBLISH A COPY OF THE SCHEDULE IN THE OHIO ADMINISTRATIVE 163
CODE AND IN THE REGISTER OF OHIO CREATED UNDER SECTION 103.051 OF 164
THE REVISED CODE. THE COMMISSION SHALL PROVIDE THE COMMITTEE 165
WITH A LIST OF AGENCIES, AND STATE BOARDS AND COMMISSIONS 166
DESCRIBED IN DIVISION (A)(9) OF SECTION 101.82 OF THE REVISED
CODE, IN EXISTENCE ON JANUARY 1, 2001, TO ASSIST THE COMMITTEE IN 167
IDENTIFYING AGENCIES AND EXERCISING ITS DUTIES UNDER SECTIONS 168
101.82 TO 101.87 OF THE REVISED CODE WITH RESPECT TO THOSE 169
AGENCIES.
Sec. 101.86. (A) NOT LATER THAN TWELVE MONTHS PRIOR TO 171
THE DATE ON WHICH AN AGENCY IN EXISTENCE ON JANUARY 1, 2001, IS 172
SCHEDULED TO EXPIRE UNDER DIVISION (A) OF SECTION 101.83 OF THE 173
REVISED CODE, THE SUNSET REVIEW COMMITTEE SHALL HOLD HEARINGS TO 174
RECEIVE THE TESTIMONY OF THE PUBLIC AND OF THE CHIEF EXECUTIVE 175
OFFICER OF EACH AGENCY SCHEDULED FOR REVIEW AND OTHERWISE SHALL 176
CONSIDER AND EVALUATE THE USEFULNESS, PERFORMANCE, AND
EFFECTIVENESS OF THE AGENCY. 177
(B) EACH AGENCY THAT IS SCHEDULED FOR REVIEW SHALL SUBMIT 179
TO THE COMMITTEE A REPORT THAT CONTAINS ALL OF THE FOLLOWING 180
INFORMATION:
(1) THE AGENCY'S PRIMARY PURPOSE AND ITS VARIOUS GOALS AND 182
OBJECTIVES;
(2) THE AGENCY'S PAST AND ANTICIPATED WORKLOAD, THE NUMBER 184
OF STAFF REQUIRED TO COMPLETE THAT WORKLOAD, AND THE AGENCY'S 185
TOTAL NUMBER OF STAFF;
(3) THE AGENCY'S PAST AND ANTICIPATED BUDGETS AND ITS 187
SOURCES OF FUNDING;
(4) THE NUMBER OF MEMBERS OF ITS GOVERNING BOARD OR OTHER 189
ENTITY AND THEIR COMPENSATION, IF ANY. 190
(C) EACH AGENCY SHALL HAVE THE BURDEN OF DEMONSTRATING TO 192
6
THE COMMITTEE A PUBLIC NEED FOR ITS CONTINUED EXISTENCE. IN 193
DETERMINING WHETHER AN AGENCY HAS DEMONSTRATED THAT NEED, THE 194
COMMITTEE SHALL CONSIDER ALL OF THE FOLLOWING: 195
(1) THE EXTENT TO WHICH THE AGENCY HAS PERMITTED QUALIFIED 197
APPLICANTS TO SERVE THE PUBLIC; 198
(2) THE COST-EFFECTIVENESS OF THE AGENCY IN TERMS OF 200
NUMBER OF EMPLOYEES, SERVICES RENDERED, AND ADMINISTRATIVE COSTS 201
INCURRED, BOTH PAST AND PRESENT;
(3) THE EXTENT TO WHICH THE AGENCY HAS OPERATED IN THE 203
PUBLIC INTEREST, AND WHETHER ITS OPERATION HAS BEEN IMPEDED OR 204
ENHANCED BY EXISTING STATUTES AND PROCEDURES AND BY BUDGETARY, 205
RESOURCE, AND PERSONNEL PRACTICES;
(4) WHETHER THE AGENCY HAS RECOMMENDED STATUTORY CHANGES 207
TO THE GENERAL ASSEMBLY THAT WOULD BENEFIT THE PUBLIC AS OPPOSED 208
TO THE PERSONS REGULATED BY THE AGENCY, IF ANY, AND WHETHER ITS 209
RECOMMENDATIONS AND OTHER POLICIES HAVE BEEN ADOPTED AND 210
IMPLEMENTED;
(5) WHETHER THE AGENCY HAS REQUIRED ANY PERSONS IT 212
REGULATES TO REPORT TO IT THE IMPACT OF AGENCY RULES AND 213
DECISIONS ON THE PUBLIC AS THEY AFFECT SERVICE COSTS AND SERVICE 214
DELIVERY;
(6) WHETHER PERSONS REGULATED BY THE AGENCY, IF ANY, HAVE 216
BEEN REQUIRED TO ASSESS PROBLEMS IN THEIR BUSINESS OPERATIONS 217
THAT AFFECT THE PUBLIC;
(7) WHETHER THE AGENCY HAS ENCOURAGED PUBLIC PARTICIPATION 219
IN ITS RULE-MAKING AND DECISION-MAKING; 220
(8) THE EFFICIENCY WITH WHICH FORMAL PUBLIC COMPLAINTS 222
FILED WITH THE AGENCY HAVE BEEN PROCESSED TO COMPLETION; 223
(9) WHETHER THE PROGRAMS OR SERVICES OF THE AGENCY 225
DUPLICATE OR OVERLAP THOSE OF OTHER AGENCIES; 226
(10) WHETHER THE PURPOSE FOR WHICH THE AGENCY WAS CREATED 228
HAS BEEN FULFILLED, HAS CHANGED, OR NO LONGER EXISTS; 229
(11) WHETHER FEDERAL LAW REQUIRES THAT THE AGENCY BE 231
RENEWED IN SOME FORM;
7
(12) CHANGES NEEDED IN THE ENABLING LAWS OF THE AGENCY IN 233
ORDER FOR IT TO COMPLY WITH THE CRITERIA SUGGESTED BY THE 234
CONSIDERATIONS LISTED IN DIVISIONS (C)(1) TO (11) OF THIS 235
SECTION.
(D) IN ITS INITIAL REVIEW OF EACH AGENCY, THE COMMITTEE, 237
WHENEVER POSSIBLE, SHALL REALIGN AGENCY TITLES TO CONFORM TO THE 238
FOLLOWING DESCRIPTIONS: 239
(1) COMMISSION: AN ADMINISTRATIVE APPEALS OR HEARING 241
AGENCY;
(2) AUTHORITY: AN AGENCY EMPOWERED TO ISSUE BONDS OR 243
NOTES;
(3) BOARD: AN AGENCY HAVING A LICENSING FUNCTION ONLY; 245
(4) COUNCIL: AN ADVISORY BODY TO A MAJOR AGENCY OR 247
DEPARTMENT;
(5) COMMITTEE: AN ADVISORY BODY TO A MINOR AGENCY OR 249
DEPARTMENT.
Sec. 101.87. (A) AFTER THE COMPLETION OF THE EVALUATION 251
OF ALL AGENCIES UNDER SECTION 101.86 OF THE REVISED CODE, THE 252
SUNSET REVIEW COMMITTEE SHALL PREPARE AND PUBLISH A REPORT OF ITS 253
FINDINGS AND RECOMMENDATIONS. THE COMMITTEE SHALL FURNISH A COPY 254
OF THE REPORT TO THE PRESIDENT OF THE SENATE, THE SPEAKER OF THE 255
HOUSE OF REPRESENTATIVES, THE GOVERNOR, AND EACH AFFECTED AGENCY.
THE REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC IN THE OFFICES 256
OF THE HOUSE AND SENATE CLERKS DURING REASONABLE HOURS. AS PART 257
OF THE REPORT, THE COMMITTEE SHALL RECOMMEND TO THE GENERAL 258
ASSEMBLY, IN BILL FORM, ONE OR MORE OF THE FOLLOWING: 259
(1) AMENDMENT OR REPEAL OF THE STATUTES THAT CREATED AND 261
EMPOWERED AN AGENCY, TO ABOLISH OR TERMINATE THE AGENCY; 262
(2) AMENDMENT OR REPEAL OF THE STATUTES THAT CREATED AND 264
EMPOWERED AN AGENCY, OR ENACTMENT OF NEW STATUTES, TO TERMINATE 265
THE AGENCY, TO TRANSFER THE AGENCY, OR TO IMPROVE THE AGENCY'S 266
USEFULNESS, PERFORMANCE, OR EFFECTIVENESS;
(3) AMENDMENT OR REPEAL OF THE STATUTES THAT CREATED AND 268
EMPOWERED TWO OR MORE AGENCIES, OR ENACTMENT OF NEW STATUTES, TO 269
8
REORGANIZE OR TRANSFER THEM AND THEREBY IMPROVE AGENCY 270
USEFULNESS, PERFORMANCE, OR EFFECTIVENESS; 271
(4) AMENDMENT OR CONTINUATION OF THE STATUTES THAT CREATED 273
AND EMPOWERED AN AGENCY, OR ENACTMENT OF NEW STATUTES, TO RENEW 274
THE AGENCY.
(B) RECOMMENDATIONS MADE BY THE COMMITTEE SHALL INDICATE 276
HOW OR WHETHER THEIR IMPLEMENTATION WILL DO EACH OF THE 277
FOLLOWING:
(1) PROMOTE ECONOMY IN THE OPERATION OF STATE GOVERNMENT; 279
(2) IMPROVE EFFICIENCY IN THE MANAGEMENT OF STATE 281
GOVERNMENT;
(3) IMPROVE SERVICES RENDERED TO CITIZENS OF THE STATE; 283
(4) SIMPLIFY AND IMPROVE PREPARATION OF THE STATE BUDGET; 285
(5) CONSERVE THE NATURAL RESOURCES OF THE STATE; 287
(6) PROMOTE THE ORDERLY GROWTH OF THE STATE AND ITS 289
GOVERNMENT;
(7) IMPROVE THE EFFECTIVENESS OF THE SERVICES PERFORMED BY 291
THE SERVICE DEPARTMENTS OF THE STATE, INCLUDING THE OFFICE OF 292
BUDGET AND MANAGEMENT AND THE DEPARTMENT OF ADMINISTRATIVE 293
SERVICES;
(8) AVOID DUPLICATION OF EFFORT BY STATE AGENCIES; 295
(9) IMPROVE THE ORGANIZATION AND COORDINATION OF THE STATE 297
GOVERNMENT IN ONE OR MORE OF THE WAYS LISTED IN DIVISIONS (B)(1) 298
TO (8) OF THIS SECTION. 299
(C) THE OFFICE OF BUDGET AND MANAGEMENT, DEPARTMENT OF 301
ADMINISTRATIVE SERVICES, AUDITOR OF STATE, LEGISLATIVE SERVICE 302
COMMISSION, AND ANY OTHER STATE AGENCY SHALL SUPPLY, UPON THE 303
COMMITTEE'S REQUEST, THE COMMITTEE WITH MATERIAL, INFORMATION, 304
AND REPORTS NEEDED FOR THE PREPARATION OF THE REPORT AND ITS 305
RECOMMENDATIONS.
Sec. 173.58. (A) There is hereby created the long-term 314
care consumer guide advisory council. The council shall be 315
convened by the director of aging and shall consist of the 317
following members:
9
(1) A representative of the department of aging, appointed 319
by the director of aging; 320
(2) A representative of the department of health, 322
appointed by the director of health; 323
(3) A representative of the department of job and family 325
services, appointed by the director of job and family services; 326
(4) The state long-term care ombudsperson; 328
(5) A family member of a nursing facility resident, 330
appointed by the governor; 331
(6) A representative of the Ohio association of area 333
agencies on aging, appointed by the president of the association; 334
(7) Two representatives of the Ohio health care 336
association, appointed by the chief administrator of the 337
association;
(8) Two representatives of the association of Ohio 339
philanthropic homes, housing, and services for the aging, 340
appointed by the chief administrator of the association; 342
(9) Two representatives of the Ohio academy of nursing 344
homes, appointed by the chief administrator of the academy; 345
(10) A representative of the Ohio association of regional 347
long-term care ombudsmen, appointed by the chief administrator of 348
the association; 349
(11) A representative of the Ohio chapter of the American 351
association of retired persons, appointed by the chief 352
administrator of the chapter; 353
(12) A representative of a consumer group or other 356
not-for-profit entity that is organized for the purpose of 357
promoting improved care for nursing home residents, appointed by 358
the governor;
(13) A representative of a research organization, 360
appointed by the chief administrator of the organization. The 361
research organization represented shall be selected by the 362
director of aging from among research organizations in this state 363
that have experience in long-term care policy matters. 364
10
Each council member shall serve at the discretion of the 366
authority that appointed the member. Each member shall serve 367
without compensation or reimbursement for expenses, except to the 368
extent that serving as a member of the council is part of the 369
member's regular duties of employment. 370
The member serving as the representative of the department 372
of aging shall serve as the council's chairperson. The 373
department shall supply meeting space and staff support for the 374
council.
(B) The council's duties include all of the following: 376
(1) To help develop and review rules to be adopted by the 378
department of aging under section 173.57 of the Revised Code; 379
(2) To recommend administrative practices to the 381
department for improving the operation and content of the Ohio 382
long-term care consumer guide; 383
(3) To recommend legislative changes to the department 385
needed to improve the consumer guide; 386
(4) To consider whether it is feasible to include in the 388
consumer guide other long-term care facilities, such as 389
residential care facilities and intermediate care facilities for 390
the mentally retarded, and long-term care service providers, such 391
as home health agencies and adult day service providers; 392
(5) To consider whether it is feasible to include in the 394
consumer guide measurements of quality of life standards. 395
(C) The long-term care consumer guide advisory council is 397
not subject to section 101.84 SECTIONS 101.82 TO 101.87 of the 399
Revised Code.
Sec. 183.04. There is hereby created the tobacco use 408
prevention and control foundation, the general management of 409
which is vested in a board of trustees of twenty members as 410
follows:
(A) Eight members who are health professionals, health 412
researchers, or representatives of health organizations. Two of 413
these members shall be appointed by the governor, two by the 414
11
speaker of the house of representatives, one by the minority 415
leader of the house of representatives, two by the president of 416
the senate, and one by the minority leader of the senate. 418
(B) Two members, one of whom has experience in financial 420
planning and accounting and one of whom has experience in media 421
and mass marketing, who shall be appointed by the governor; 422
(C) One member, who shall be appointed by the governor 424
from a list of at least three individuals recommended by the 425
American cancer society; 426
(D) One member, who shall be appointed by the governor 428
from a list of at least three individuals recommended by the 429
American heart association; 430
(E) One member, who shall be appointed by the governor 432
from a list of at least three individuals recommended by the 433
American lung association; 434
(F) One member, who shall be appointed by the governor 436
from a list of at least three individuals recommended by the 437
association of hospitals and health systems; 438
(G) One member, who shall be appointed by the governor 440
from a list of at least three individuals recommended by the Ohio 441
state medical association; 443
(H) One member, who shall be appointed by the governor 445
from a list of at least three individuals recommended by the 446
association of Ohio health commissioners; 447
(I) One member, who shall be appointed by the governor 450
from a list of at least three individuals recommended by the Ohio 451
dental association;
(J) The director of health, executive director of the 453
commission on minority health, and attorney general, who shall 454
serve as ex officio members. 455
The appointments of the governor shall be with the advice 457
and consent of the senate. 458
Terms of office for the members appointed by the governor, 460
president, speaker, and minority leaders shall be for five years. 461
12
Each member shall hold office from the date of appointment until 463
the end of the term for which the member was appointed. Any 464
member appointed to fill a vacancy occurring prior to the 465
expiration of the term for which the member's predecessor was 466
appointed shall hold office for the remainder of that term. Any 467
member shall continue in office subsequent to the expiration date 468
of the member's term until the member's successor takes office, 469
or until a period of sixty days has elapsed, whichever occurs 470
first. A vacancy in an unexpired term shall be filled in the 471
same manner as the original appointment. The governor may remove 472
any member for malfeasance, misfeasance, or nonfeasance after a 473
hearing in accordance with Chapter 119. of the Revised Code. 475
The members of the board shall serve without compensation 477
but shall receive their reasonable and necessary expenses 478
incurred in the conduct of foundation business. 479
Section 101.84 SECTIONS 101.82 TO 101.87 of the Revised 481
Code does DO not apply to the foundation. 483
Sec. 183.12. There is hereby created the southern Ohio 492
agricultural and community development foundation, the general 493
management of which is vested in a board of trustees of twelve 494
members as follows: 495
(A) The director of agriculture, director of development, 498
executive director of the Ohio rural development partnership, and 499
director of the Ohio state university extension, who shall serve 501
as ex officio officers;
(B) Two residents of major tobacco-producing counties with 503
experience in local agricultural economic development or 505
community development appointed by the governor; 506
(C) Three active farmers from major tobacco-producing 508
counties, who shall be appointed by the governor, two of whom 512
shall be appointed from a list of at least four individuals 513
recommended by the Ohio farm bureau and one of whom shall be 514
appointed from a list of at least two individuals recommended by
the farmers' union; 515
13
(D) Three active tobacco farmers from major 517
tobacco-producing counties, who shall be appointed by the 518
governor from a list of at least six individuals recommended by 519
the Ohio tobacco growers association.
The appointments of the governor shall be with the advice 521
and consent of the senate. 522
Terms of office for the members appointed by the governor 524
shall be for five years. Each such member shall hold office from 525
the date of appointment until the end of the term for which the 526
member was appointed. Any member appointed by the governor to 527
fill a vacancy occurring prior to the expiration of the term for 529
which the member's predecessor was appointed shall hold office 530
for the remainder of such term. Any member appointed by the 531
governor shall continue in office subsequent to the expiration 532
date of the member's term until the member's successor takes 533
office, or until a period of sixty days has elapsed, whichever 534
occurs first. The governor may remove any member appointed by 536
the governor for malfeasance, misfeasance, or nonfeasance after a 538
hearing in accordance with Chapter 119. of the Revised Code. 540
A vacancy on the board shall be filled in the same manner 543
as the original appointment.
The members of the board shall serve without compensation 545
but shall receive their reasonable and necessary expenses 546
incurred in the conduct of foundation business. 547
Section 101.84 SECTIONS 101.82 TO 101.87 of the Revised 549
Code does DO not apply to the foundation. 551
As used in this section, "major tobacco-producing counties" 553
means any of the counties, ranked in descending order of pounds 554
produced, where ninety-five per cent of the 1998 burley tobacco 555
quota for the state was produced. 556
Sec. 183.20. There is hereby created the biomedical 565
research and technology transfer commission within the Ohio board 566
of regents. The commission shall consist of twenty-five members 567
as follows:
14
(A) The chancellor of the board, director of development, 569
director of health, and executive director of the commission on 570
minority health, who shall serve as ex officio members; 571
(B) The director of budget and management, who shall serve 573
as an ex officio member, or the director's designee; 574
(C) Twelve members, who shall not be or represent 576
potential recipients of grants from the commission, appointed as 577
follows:
(1) Six members, appointed by the governor, at least two 579
of whom are experts in commercializing the results of biomedical 580
research;
(2) Two members appointed by the speaker of the house of 582
representatives; 583
(3) One member appointed by the minority leader of the 585
house of representatives; 586
(4) Two members appointed by the president of the senate; 588
(5) One member appointed by the minority leader of the 590
senate.
(D) Eight nonvoting members appointed by the governor, 592
representing Ohio's biomedical research institutions. 594
Before making their appointments, the governor, speaker, 596
president, and minority leaders shall solicit, from the state's 597
medical colleges, dental colleges, and medical research 598
institutions, the national institutes of health, and other 600
sources familiar with experts in the field of biomedical research 601
and in commercializing the results of such BIOMEDICAL research, 602
recommendations as to whom to appoint.
The appointments of the governor shall be with the advice 604
and consent of the senate. 605
Terms of office for the members appointed by the governor, 607
president, speaker, and minority leaders shall be for five years. 608
Each member shall hold office from the date of appointment until 610
the end of the term for which the member was appointed. Any 611
member appointed to fill a vacancy occurring prior to the 612
15
expiration of the term for which the member's predecessor was 613
appointed shall hold office for the remainder of such term. Any 614
member shall continue in office subsequent to the expiration date 615
of the member's term until the member's successor takes office, 616
or until a period of sixty days has elapsed, whichever occurs 617
first. A vacancy in an unexpired term shall be filled in the 618
same manner as the original appointment. The governor may remove 619
any member for malfeasance, misfeasance, or nonfeasance after a 620
hearing in accordance with Chapter 119. of the Revised Code. 622
The members of the commission shall serve without 624
compensation but shall receive their reasonable and necessary 625
expenses incurred in the conduct of commission business. 626
Section 101.84 SECTIONS 101.82 TO 101.87 of the Revised 628
Code does DO not apply to the commission. 630
Sec. 3109.401. (A) The general assembly finds the 640
following:
(1) That the parent and child relationship is of 642
fundamental importance to the welfare of a child, and that the 643
relationship between a child and each parent should be fostered 644
unless inconsistent with the child's best interests; 645
(2) That parents have the responsibility to make decisions 648
and perform other parenting functions necessary for the care and 649
growth of their children;
(3) That the courts, when allocating parenting functions 651
and responsibilities with respect to the child in a divorce, 652
dissolution OF MARRIAGE, legal separation, annulment, or any 653
other proceeding addressing the allocation of parental rights and 654
responsibilities, must determine the child's best interests; 656
(4) That the courts and parents must take into 658
consideration the following general principles when allocating 659
parental rights and responsibilities and developing appropriate 661
terms for parenting plans:
(a) Children are served by a parenting arrangement that 664
best provides for a child's safety, emotional growth, health, 665
16
stability, and physical care.
(b) Exposure of the child to harmful parental conflict 668
should be minimized as much as possible. 669
(c) Whenever appropriate, parents should be encouraged to 672
meet their responsibilities to their children through agreements 673
rather than by relying on judicial intervention. 674
(d) When a parenting plan provides for mutual 677
decision-making responsibility by the parents but they are unable 678
to make decisions mutually, they should make a good faith effort 679
to utilize the mediation process as required by the parenting 680
plan.
(e) In apportioning between the parents the daily physical 683
living arrangements of the child and the child's location during 684
legal and school holidays, vacations, and days of special 685
importance, a court should not impose any type of standard 686
schedule unless a standard schedule meets the needs of the child
better than any proposed alternative parenting plan. 687
(B) It is, therefore, the purpose of Chapter 3109. of the 690
Revised Code THIS CHAPTER, when it is in the child's best 692
interest, to foster the relationship between the child and each
parent when a court allocates parental rights and 693
responsibilities with respect to the child in a divorce, 694
dissolution, legal separation, annulment, or any other proceeding 696
addressing the allocation of parental rights and
responsibilities. 697
(C) There is hereby created the task force on family law 700
and children consisting of twenty-four members. The Ohio state 701
bar association shall appoint three members who shall be 702
attorneys with extensive experience in the practice of family 703
law. The Ohio association of domestic relations judges shall 705
appoint three members who shall be domestic relations judges. 706
The Ohio association of juvenile and family court judges shall 708
appoint three members who shall be juvenile or family court 709
judges. The chief justice of the supreme court shall appoint 710
17
eight members, three of whom shall be persons who practice in the 711
field of family law mediation, two of whom shall be persons who 712
practice in the field of child psychology, one of whom shall be a 713
person who represents parent and child advocacy organizations, 714
one of whom shall be a person who provides parenting education 715
services, and one of whom shall be a magistrate employed by a 716
domestic relations or juvenile court. The speaker of the house
of representatives shall appoint two members who shall be members 717
of the house of representatives and who shall be from different 718
political parties. The president of the senate shall appoint two 719
members who shall be members of the senate and who shall be from 720
different political parties. The governor shall appoint two 721
members who shall represent child caring agencies. One member 723
shall be the director of job and family services or the
director's designee. The chief justice shall designate one 725
member of the task force to chair the task force. 726
The appointing authorities and persons shall make 728
appointments to the task force on family law and children within 730
thirty days after September 1, 1998. Section 101.84 SECTIONS 732
101.82 TO 101.87 of the Revised Code does DO not apply to the 733
task force.
(D) The task force on family law and children shall do all 736
of the following:
(1) Appoint and fix the compensation of any technical, 738
professional, and clerical employees and perform any services 739
that are necessary to carry out the powers and duties of the task 740
force on family law and children. All employees of the task 741
force shall serve at the pleasure of the task force. 742
(2) By July 1, 2001, submit to the speaker and minority 745
leader of the house of representatives and to the president and 746
the minority leader of the senate a report of its findings and 747
recommendations on how to create a more civilized and 748
constructive process for the parenting of children whose parents 749
do not reside together. The recommendations shall propose a 750
18
system to do all of the following: 751
(a) Put children first; 753
(b) Provide families with choices before they make a 756
decision to obtain or finalize a divorce, dissolution, legal
separation, or annulment; 757
(c) Redirect human services to intervention and 759
prevention, rather than supporting the casualties of the current 760
process; 761
(d) Avoid needless conflict between the participants; 764
(e) Encourage problem solving among the participants; 767
(f) Force the participants to act responsibly; 770
(g) Shield both the participants and their children from 773
lasting emotional damage.
(3) Gather information on and study the current state of 775
family law in this state; 776
(4) Collaborate and consult with entities engaged in 778
family and children's issues including, but not limited to, the 779
Ohio association of child caring agencies, the Ohio family court 781
feasibility study, and the Ohio courts futures commission;
(5) Utilize findings and outcomes from pilot projects 783
conducted by the Ohio family court feasibility study to explore 784
alternatives in creating a more civilized and constructive 785
process for the parenting of children whose parents do not reside 786
together with an emphasis on the areas of mediation and obtaining 788
visitation compliance.
(E) Courts of common pleas shall cooperate with the task 791
force on family law and children in the performance of the task 792
force's duties described in division (D) of this section. 793
Sec. 3304.24. The rehabilitation services commission shall 802
appoint, upon the recommendation of the appropriate bureau 804
director, a bureau of vocational rehabilitation CONSUMER advisory 805
committee, including at least two disabled persons, and a bureau 807
of services for the visually impaired advisory committee,
including at least two legally blind persons, which committees 808
19
shall have the organization and duties given them by the 809
commission. THE
The commission may appoint such additional advisory 811
committees as it finds necessary. 812
Sec. 3318.30. (A) There is hereby created the Ohio school 822
facilities commission. The commission shall administer the 823
provision of financial assistance to school districts for the 824
acquisition or construction of classroom facilities in accordance 825
with sections 3318.01 to 3318.33 of the Revised Code. 826
The commission is a body corporate and politic, an agency 828
of state government and an instrumentality of the state, 829
performing essential governmental functions of this state. The 830
carrying out of the purposes and the exercise by the commission 831
of its powers conferred by sections 3318.01 to 3318.33 of the 832
Revised Code are essential public functions and public purposes 834
of the state. The commission may, in its own name, sue and be 835
sued, enter into contracts, and perform all the powers and duties 836
given to it by sections 3318.01 to 3318.33 of the Revised Code, 838
but it does not have and shall not exercise the power of eminent 839
domain.
(B) The commission shall consist of seven members, three 842
of whom are voting members. The voting members of the commission 843
shall be the director of the office of budget and management, the 844
director of administrative services, and the superintendent of 845
public instruction, or their designees. Of the nonvoting 846
members, two shall be members of the senate appointed by the 847
president of the senate, and two shall be members of the house of 848
representatives appointed by the speaker of the house. Each of 849
the appointees of the president, and each of the appointees of 850
the speaker, shall be members of different political parties. 851
Nonvoting members shall serve as members of the commission 853
during the legislative biennium for which they are appointed, 854
except that any such member who ceases to be a member of the 855
legislative house from which the member was appointed shall cease 857
20
to be a member of the commission. Each nonvoting member shall be 858
appointed within thirty-one days of the end of the term of that 859
member's predecessor. Such members may be reappointed.
Vacancies of nonvoting members shall be filled in the manner 860
provided for original appointments. 861
Members of the commission shall serve without compensation. 864
After the initial nonvoting members of the commission have 866
been appointed, the commission shall meet and organize by 867
electing voting members as the chairperson and vice-chairperson 868
of the commission, who shall hold their offices until the next 870
organizational meeting of the commission. Organizational 871
meetings of the commission shall be held at the first meeting of 872
each calendar year. At each organizational meeting, the 873
commission shall elect from among its voting members a 874
chairperson and vice-chairperson, who shall serve until the next
annual organizational meeting. The commission shall adopt rules 876
pursuant to section 111.15 of the Revised Code for the conduct of 878
its internal business and shall keep a journal of its 879
proceedings. Including the organizational meeting, the 880
commission shall meet at least once each calendar quarter. 881
Two voting members of the commission constitute a quorum, 883
and the affirmative vote of two members is necessary for approval 885
of any action taken by the commission. A vacancy in the 886
membership of the commission does not impair a quorum from
exercising all the rights and performing all the duties of the 887
commission. Meetings of the commission may be held anywhere in 888
the state, and shall be held in compliance with section 121.22 of 890
the Revised Code.
(C) The commission shall file an annual report of its 893
activities and finances with the governor, speaker of the house 894
of representatives, president of the senate, and chairpersons of 895
the house and senate finance committees. 896
(D) The commission shall be exempt from the requirements 899
of sections 101.82 and 101.84 TO 101.87 of the Revised Code. 900
21
Sec. 3333.373. (A) The board of regents shall establish 909
the rules advisory committee, which shall consist of the 910
chancellor of the Ohio board of regents or the chancellor's 911
designee, the treasurer of state or the treasurer of state's 912
designee, the director of development or the director's designee, 913
one state senator appointed by the president of the senate, one 914
state representative appointed by the speaker of the house of
representatives, and two public members appointed by the 915
chancellor representing the interests of the state-assisted 916
eligible institutions and private nonprofit eligible 917
institutions, respectively.
(B) The committee, within one hundred twenty days after 919
the effective date of this section JUNE 8, 2000, shall provide 921
recommendations to the Ohio board of regents as to such rules, 922
criteria, and guidelines as are necessary and appropriate to 923
implement the scholarship and fellowship programs created by 924
sections 3333.37 to 3333.375 of the Revised Code. 925
(C) The committee shall meet at least annually to review 927
the scholarship and fellowship programs guidelines; make 928
recommendations to amend, rescind, or modify the policy 929
guidelines; and approve scholarship and fellowship awards to 930
eligible students.
(D) Section 101.84 SECTIONS 101.82 TO 101.87 of the 932
Revised Code does DO not apply to this section. 934
Sec. 3701.264. There is hereby created the Ohio cancer 943
incidence surveillance system advisory board. The board shall 944
consist of the director of health, who shall serve as chair of 946
the board, and one representative, appointed by the governor, 947
from each medical school accredited by the liaison committee on 948
medical education and each osteopathic medical school accredited 949
by the American osteopathic association in Ohio. In addition, 950
the director of health shall appoint up to three additional
members of the board. Vacancies on the board shall be filled in 952
the same manner as the initial appointments. Members shall serve 953
22
without compensation.
The board shall provide oversight of the collection and 955
analysis of data by the cancer surveillance system to the 956
director of health and the Arthur G. James cancer hospital and 958
Richard J. Solove research institute of the Ohio state university 960
and advise in the implementation of sections 3701.261 to 3701.263 961
of the Revised Code. The board shall meet and conduct its 962
business as directed by the chair.
The board shall report to the finance committees of both 964
houses of the general assembly, not later than March 1, 2001, on 965
the progress made in implementing sections 3701.261 to 3701.263 966
of the Revised Code. 967
The board is not subject to section 101.84 SECTIONS 101.82 969
TO 101.87 of the Revised Code. 970
Sec. 3717.02. (A) There is hereby created the retail food 980
safety advisory council. The council shall consist of the
director of agriculture or a person the director designates to 981
serve on the director's behalf, the director of health or a 983
person the director designates to serve on the director's behalf,
and twelve additional members appointed jointly by the director 985
of agriculture and the director of health, as follows: 986
(1) Three persons representing the interests of retail 988
food establishments; 989
(2) Three persons representing the interests of food 991
service operations; 992
(3) Four persons representing boards of health or the 994
health departments operated by boards of health; 995
(4) One person representing the academic community who is 997
knowledgeable in food science or food technology; 998
(5) One person representing the general public who is not 1,000
employed by this state or any of its political subdivisions and 1,001
has no pecuniary interest in a retail food establishment or food 1,002
service operation. 1,003
(B) In making appointments to the council, the director of 1,006
23
agriculture and director of health shall jointly consult with
statewide trade and professional organizations that represent the 1,008
interests of retail food establishments and food service 1,009
operations. The organizations may nominate persons to be 1,010
considered for appointment as council members. 1,011
(C) Of the initial appointments made to the council, five 1,013
shall be for terms ending three years after appointment, four 1,014
shall be for terms ending two years after appointment, and three 1,015
shall be for terms ending one year after appointment. 1,016
Thereafter, terms of office shall be three years. Each member 1,017
shall hold office from the date of appointment until the end of 1,018
the term for which the member was appointed. Members may be 1,019
reappointed.
Vacancies shall be filled in the manner provided for 1,021
original appointments. A member appointed to fill a vacancy 1,022
occurring before the expiration date of the term for which the 1,023
member's predecessor was appointed shall hold office as a member 1,024
for the remainder of that term. A member shall continue in 1,025
office after the expiration date of the member's term until the 1,026
member's successor takes office or until a period of sixty days 1,027
has elapsed, whichever occurs first. 1,028
(D) A member may be removed from office for failing to 1,030
attend two consecutive council meetings without showing good 1,031
cause for the absences. Removal from office requires joint 1,032
action by the director of agriculture and director of health. 1,033
(E) The director of agriculture or the person the director 1,035
designates to serve on the director's behalf, and THE director of 1,037
health or the person the director designates to serve on the 1,038
director's behalf, shall serve as the council's co-chairpersons 1,039
without voting rights. A two-thirds majority vote of the 1,040
council's voting members is necessary for the council to act on 1,041
any matter.
(F) Members shall be reimbursed for actual and necessary 1,043
expenses incurred in performing duties as members. The expenses 1,044
24
shall be shared equally by the department of agriculture and the 1,045
department of health. Both departments shall provide 1,046
administrative support to the council.
(G) The retail food safety advisory council is not subject 1,048
to section 101.84 SECTIONS 101.82 TO 101.87 of the Revised Code. 1,050
Sec. 4723.71. (A) There is hereby established, under the 1,060
board of nursing, the advisory group on dialysis. The advisory 1,061
group shall advise the board of nursing regarding the 1,062
qualifications, standards for training, and competence of 1,063
dialysis technicians and all other matters related to dialysis 1,064
technicians. The advisory group shall consist of the members 1,066
appointed under divisions (B) and (C) of this section. A member 1,068
of the board of nursing or a representative appointed by the 1,069
board shall serve as chairperson of all meetings of the advisory 1,070
group.
(B) The board of nursing shall appoint the following as 1,073
members of the advisory group: 1,074
(1) Four dialysis technicians; 1,076
(2) A registered nurse who regularly performs dialysis and 1,079
cares for patients who receive dialysis;
(3) A physician, recommended by the state medical board, 1,081
who specializes in nephrology; 1,082
(4) An administrator of a dialysis center; 1,084
(5) A dialysis patient; 1,086
(6) A representative of the association for hospitals and 1,088
health systems (OHA); 1,089
(7) A representative from the end-stage renal disease 1,091
network, as defined in 42 C.F.R. 405.2102. 1,094
(C) The members of the advisory group appointed under 1,097
division (B) of this section may recommend additional persons to 1,100
serve as members of the advisory group. The board of nursing may
appoint, as appropriate, any of the additional persons 1,102
recommended.
(D) The board of nursing shall specify the terms for the 1,105
25
advisory group members. Members shall serve at the discretion of 1,107
the board of nursing. Members shall receive their actual and 1,108
necessary expenses incurred in the performance of their official 1,110
duties.
(E) Section 101.84 SECTIONS 101.82 TO 101.87 of the 1,113
Revised Code does DO not apply to the advisory group. 1,115
Sec. 4765.04. (A) The firefighter and fire safety 1,124
inspector training committee of the state board of emergency 1,125
medical services is hereby created and shall consist of the 1,126
members of the board who are chiefs of fire departments, and the 1,127
members of the board who are emergency medical technicians-basic, 1,128
emergency medical technicians-intermediate, and emergency medical 1,130
technicians-paramedic appointed from among persons nominated by 1,131
the Ohio association of professional fire fighters or the 1,132
northern Ohio fire fighters and from among persons nominated by 1,134
the Ohio state firefighter's association. Each member of the 1,136
committee, except the chairperson, may designate a person with 1,137
fire experience to serve in that member's place. The members of 1,138
the committee or their designees shall select a chairperson from 1,139
among the members or their designees.
(B) The trauma committee of the state board of emergency 1,142
medical services is hereby created and shall consist of the 1,143
following members appointed by the director of public safety: 1,144
(1) A physician who is certified by the American board of 1,147
surgery or American osteopathic board of surgery and actively 1,149
practices general trauma surgery, appointed from among three 1,150
persons nominated by the Ohio chapter of the American college of 1,152
surgeons, three persons nominated by the Ohio state medical 1,153
association, and three persons nominated by the Ohio osteopathic 1,154
association; 1,155
(2) A physician who is certified by the American board of 1,158
surgery or the American osteopathic board of surgery and actively 1,160
practices orthopedic trauma surgery, appointed from among three 1,161
persons nominated by the Ohio orthopedic society and three 1,162
26
persons nominated by the Ohio osteopathic association; 1,163
(3) A physician who is certified by the American board of 1,166
neurological surgeons or the American osteopathic board of 1,168
surgery and actively practices neurosurgery on trauma victims, 1,169
appointed from among three persons nominated by the Ohio state 1,170
neurological society and three persons nominated by the Ohio 1,171
osteopathic association; 1,172
(4) A physician who is certified by the American board of 1,174
surgeons or American osteopathic board of surgeons and actively 1,175
specializes in treating burn victims, appointed from among three 1,176
persons nominated by the Ohio chapter of the American college of 1,178
surgeons and three persons nominated by the Ohio osteopathic 1,179
association;
(5) A dentist who is certified by the American board of 1,181
oral and maxillofacial surgery and actively practices oral and 1,183
maxillofacial surgery, appointed from among three persons 1,184
nominated by the Ohio dental association;
(6) A physician who is certified by the American board of 1,187
physical medicine and rehabilitation or American osteopathic 1,188
board of rehabilitation medicine and actively provides 1,189
rehabilitative care to trauma victims, appointed from among three 1,190
persons nominated by the Ohio society of physical medicine and 1,192
rehabilitation and three persons nominated by the Ohio 1,193
osteopathic association;
(7) A physician who is certified by the American board of 1,197
surgery or American osteopathic board of surgery with special 1,199
qualifications in pediatric surgery and actively practices 1,200
pediatric trauma surgery, appointed from among three persons 1,201
nominated by the Ohio chapter of the American academy of 1,203
pediatrics and three persons nominated by the Ohio osteopathic 1,204
association; 1,205
(8) A physician who is certified by the American board of 1,208
emergency medicine or American osteopathic board of emergency 1,209
medicine, actively practices emergency medicine, and is actively 1,211
27
involved in emergency medical services, appointed from among 1,212
three persons nominated by the Ohio chapter of the American 1,214
college of emergency physicians and three persons nominated by 1,215
the Ohio osteopathic association; 1,216
(9) A physician who is certified by the American board of 1,219
pediatrics, American osteopathic board of pediatrics, or American 1,220
board of emergency medicine, is sub-boarded in pediatric 1,221
emergency medicine, actively practices pediatric emergency 1,223
medicine, and is actively involved in emergency medical services, 1,225
appointed from among three persons nominated by the Ohio chapter 1,226
of the American academy of pediatrics, three persons nominated by 1,229
the Ohio chapter of the American college of emergency physicians, 1,231
and three persons nominated by the Ohio osteopathic association; 1,232
(10) A physician who is certified by the American board of 1,235
surgery, American osteopathic board of surgery, or American board 1,237
of emergency medicine and is the chief medical officer of an air 1,238
medical organization, appointed from among three persons 1,239
nominated by the Ohio association of air medical services; 1,241
(11) A coroner or medical examiner appointed from among 1,243
three people nominated by the Ohio state coroners' association; 1,245
(12) A registered nurse who actively practices trauma 1,247
nursing at an adult or pediatric trauma center, appointed from 1,248
among three persons nominated by the Ohio association of trauma 1,251
nurse coordinators;
(13) A registered nurse who actively practices emergency 1,253
nursing and is actively involved in emergency medical services, 1,254
appointed from among three persons nominated by the Ohio chapter 1,256
of the emergency nurses' association; 1,257
(14) The chief trauma registrar of an adult or pediatric 1,259
trauma center, appointed from among three persons nominated by 1,260
the alliance of Ohio trauma registrars; 1,261
(15) The administrator of an adult or pediatric trauma 1,263
center, appointed from among three persons nominated by OHA: the 1,264
association for hospitals and health systems, three persons 1,265
28
nominated by the Ohio osteopathic association, three persons 1,266
nominated by the association of Ohio children's hospitals, and 1,267
three persons nominated by the health forum of Ohio; 1,268
(16) The administrator of a hospital that is not a trauma 1,270
center and actively provides emergency care to adult or pediatric 1,271
trauma patients, appointed from among three persons nominated by 1,272
OHA: the association for hospitals and health systems, three 1,273
persons nominated by the Ohio osteopathic association, three 1,274
persons nominated by the association of Ohio children's 1,275
hospitals, and three persons nominated by the health forum of 1,276
Ohio;
(17) The operator of an ambulance company that actively 1,278
provides trauma care to emergency patients, appointed from among 1,279
three persons nominated by the Ohio ambulance association; 1,282
(18) The chief of a fire department that actively provides 1,284
trauma care to emergency patients, appointed from among three 1,286
persons nominated by the Ohio fire chiefs' association; 1,288
(19) An EMT or paramedic who is certified under this 1,291
chapter and actively provides trauma care to emergency patients, 1,293
appointed from among three persons nominated by the Ohio 1,294
association of professional firefighters, three persons nominated 1,296
by the northern Ohio fire fighters, three persons nominated by 1,297
the Ohio state firefighters' association, and three persons 1,299
nominated by the Ohio association of emergency medical services; 1,301
(20) A person who actively advocates for trauma victims, 1,303
appointed from three persons nominated by the Ohio brain injury 1,304
association and three persons nominated by the governor's council 1,306
on people with disabilities; 1,307
(21) A physician or nurse who has substantial 1,309
administrative responsibility for trauma care provided in or by 1,310
an adult or pediatric trauma center, appointed from among three 1,311
persons nominated by OHA: the association for hospitals and 1,312
health systems, three persons nominated by the Ohio osteopathic 1,313
association, three persons nominated by the association of Ohio 1,314
29
children's hospitals, and three persons nominated by the health 1,315
forum of Ohio;
(22) Three representatives of hospitals that are not 1,317
trauma centers and actively provide emergency care to trauma 1,318
patients, appointed from among three persons nominated by OHA: 1,320
the association for hospitals and health systems, three persons 1,321
nominated by the Ohio osteopathic association, three persons 1,322
nominated by the association of Ohio children's hospitals, and 1,323
three persons nominated by the health forum of Ohio. The 1,324
representatives may be hospital administrators, physicians, 1,325
nurses, or other clinical professionals. 1,326
Members of the committee shall have substantial experience 1,328
in the categories they represent, shall be residents of this 1,329
state, and may be members of the state board of emergency medical 1,330
services. In appointing members of the committee, the director 1,331
shall attempt to include members representing urban and rural 1,332
areas, various geographical areas of the state, and various 1,333
schools of training. The director shall not appoint to the 1,335
committee more than one member who is employed by or practices at 1,336
the same hospital, health system, or emergency medical service 1,337
organization.
The director may refuse to appoint any of the persons 1,339
nominated by an organization or organizations under this 1,340
division. In that event, the organization or organizations shall 1,342
continue to nominate the required number of persons until the 1,343
director appoints to the committee one or more of the persons 1,344
nominated by the organization or organizations.
Initial appointments to the committee shall be made by the 1,346
director not later than ninety days after the effective date of 1,347
this section NOVEMBER 3, 2000. Members of the committee shall 1,349
serve at the pleasure of the director, except that any member of 1,350
the committee who ceases to be qualified for the position to 1,351
which the member was appointed shall cease to be a member of the 1,352
committee. Vacancies on the committee shall be filled in the 1,353
30
same manner as original appointments. 1,354
The members of the committee shall serve without 1,356
compensation, but shall be reimbursed for actual and necessary 1,357
expenses incurred in carrying out duties as members of the 1,358
committee. 1,359
The committee shall select a chairperson and 1,361
vice-chairperson from among its members. A majority of all 1,362
members of the committee shall constitute a quorum. No action 1,363
shall be taken without the concurrence of a majority of all 1,364
members of the committee. The committee shall meet at the call 1,365
of the chair, upon written request of five members of the 1,366
committee, and at the direction of the state board of emergency 1,367
medical services. The committee shall not meet at times or 1,368
locations that conflict with meetings of the board. The 1,369
executive director and medical director of the state board of 1,370
emergency medical services may participate in any meeting of the 1,371
committee and shall do so at the request of the committee. 1,372
The committee shall advise and assist the state board of 1,374
emergency medical services in matters related to adult and 1,376
pediatric trauma care and the establishment and operation of the 1,378
state trauma registry. In matters relating to the state trauma 1,379
registry, the board and the committee shall consult with trauma 1,380
registrars from adult and pediatric trauma centers in the state.
The committee may appoint a subcommittee to advise and assist 1,382
with the trauma registry. The subcommittee may include persons 1,383
with expertise relevant to the trauma registry who are not 1,384
members of the board or committee. 1,385
(C) The state board of emergency medical services may 1,388
appoint other committees and subcommittees as it considers 1,389
necessary.
(D) The state board of emergency medical services, and any 1,392
of its committees or subcommittees, may request assistance from 1,393
any state agency. The board and its committees and subcommittees 1,394
may permit persons who are not members of those bodies to 1,395
31
participate in deliberations of those bodies, but no person who 1,396
is not a member of the board shall vote on the board and no 1,397
person who is not a member of a committee created under division 1,398
(A) or (B) of this section shall vote on that committee. 1,400
(E) Section 101.84 SECTIONS 101.82 TO 101.87 of the 1,402
Revised Code does DO not apply to the committees established 1,404
under division (A) or (B) of this section.
Sec. 4928.58. (A) There is hereby created the public 1,413
benefits advisory board, which has the purpose of ensuring that 1,414
energy services be provided to low-income consumers in this state 1,415
in an affordable manner consistent with the policy specified in 1,416
section 4928.02 of the Revised Code. The advisory board shall 1,417
consist of twenty-one members as follows: the director of 1,418
development, the chairperson of the public utilities commission, 1,420
the consumers' counsel, and the director of the air quality
development authority, each serving ex officio and represented by 1,422
a designee at the official's discretion; two members of the house 1,423
of representatives appointed by the speaker of the house of 1,424
representatives, neither of the same political party, and two 1,425
members of the senate appointed by the president of the senate, 1,426
neither of the same political party; and thirteen members
appointed by the governor with the advice and consent of the 1,427
senate, consisting of one representative of suppliers of 1,428
competitive retail electric service; one representative of the 1,429
residential class of electric utility customers; one 1,430
representative of the industrial class of electric utility 1,431
customers; one representative of the commercial class of electric 1,433
utility customers; one representative of agricultural or rural
customers of an electric utility; two customers receiving 1,434
assistance under one or more of the low-income customer 1,435
assistance programs, to represent customers eligible for any such 1,436
assistance, including senior citizens; one representative of the 1,437
general public; one representative of local intake agencies; one 1,438
representative of a community-based organization serving 1,439
32
low-income customers; one representative of environmental 1,440
protection interests; one representative of lending institutions; 1,442
and one person considered an expert in energy efficiency or 1,443
renewables technology. Initial appointments shall be made not 1,444
later than November 1, 1999.
(B) Initial terms of six of the appointed members shall 1,446
end on June 30, 2003, and initial terms of the remaining seven 1,448
appointed members shall end on June 30, 2004. Thereafter, terms 1,449
of appointed members shall be for three years, with each term 1,450
ending on the same day of the same month as the term it succeeds. 1,451
Each member shall hold office from the date of the member's 1,453
appointment until the end of the term for which the member was 1,454
appointed. Members may be reappointed. 1,455
Vacancies shall be filled in the manner provided for 1,457
original appointments. Any member appointed to fill a vacancy 1,458
occurring prior to the expiration date of the term for which the 1,459
member's predecessor was appointed shall hold office as a member 1,460
for the remainder of that term. A member shall continue in 1,461
office after the expiration date of the member's term until the 1,462
member's successor takes office or until a period of sixty days 1,463
has elapsed, whichever occurs first.
(C) Board members shall be reimbursed for their actual and 1,465
necessary expenses incurred in the performance of board duties. 1,466
Such THE reimbursements constitute, as applicable, administrative 1,467
costs of the low-income customer assistance programs for the 1,469
purpose of division (A) of section 4928.51 of the Revised Code or 1,470
administrative costs of the energy efficiency revolving loan 1,471
program for the purpose of division (A) of section 4528.61 of the 1,472
Revised Code.
(D) The advisory board shall select a chairperson from 1,474
among its members. Only board members appointed by the governor 1,475
with the advice and consent of the senate shall be voting members 1,476
of the board; each shall have one vote in all deliberations of 1,477
the board. A majority of the voting members constitute a quorum. 1,478
33
(E) The duties of the advisory board shall be as follows: 1,480
(1) Advise the director in the administration of the 1,483
universal service fund and the low-income customer assistance 1,484
programs and advise the director on the director's recommendation 1,485
to the commission regarding the appropriate level of the 1,486
universal service rider;
(2) Advise the director on the administration of the 1,488
energy efficiency revolving loan program and the energy 1,489
efficiency revolving loan program fund under sections 4928.61 to 1,490
4928.63 of the Revised Code. 1,491
(F) The advisory board is not an agency, as defined in 1,493
section 101.82 of the Revised Code, for purposes of divisions (A) 1,494
and (B) of section 101.84 SECTIONS 101.82 TO 101.87 of the 1,495
Revised Code. 1,496
Sec. 5101.343. Section 101.84 SECTIONS 101.82 TO 101.87 of 1,506
the Revised Code does DO not apply to the Ohio commission on 1,508
fatherhood.
Sec. 5153.66. The director of job and family services 1,517
shall establish the training program steering committee. Section 1,518
101.84 SECTIONS 101.82 TO 101.87 of the Revised Code does DO not 1,520
apply to the committee.
Sec. 6301.04. The governor shall establish a state 1,529
workforce policy board and appoint members to the board, who 1,530
serve at the governor's pleasure, to perform duties under the 1,531
"Workforce Investment Act of 1998," 112 Stat. 936, 29 U.S.C.A. 1,533
2801, as amended, as authorized by the governor. The board is 1,534
not subject to section 101.84 SECTIONS 101.82 TO 101.87 of the 1,535
Revised Code. The director of job and family services may assist 1,536
the board in the performance of its duties. 1,537
Section 2. That existing sections 101.84, 173.58, 183.04, 1,539
183.12, 183.20, 3109.401, 3304.24, 3318.30, 3333.373, 3701.264, 1,541
3717.02, 4723.71, 4765.04, 4928.58, 5101.343, 5153.66, and
6301.04 of the Revised Code are hereby repealed. 1,543
Section 3. That Section 27 of Sub. H.B. 670 of the 121st 1,545
34
General Assembly be amended to read as follows: 1,546
"Sec. 27. The following agencies shall be retained 1,548
pursuant to division (D) of section 101.84 101.83 of the Revised 1,549
Code and shall expire on December 31, 2001, pursuant to the 1,551
version of section 101.84 of the Revised Code that takes effect 1,552
on January 1, 1997, with the exception of the Muskingum River
Advisory Board which shall expire on June 29, 1998, pursuant to 1,553
Section 2 of Am. H.B. 351 of the 117th General Assembly 2004: 1,554
REVISED CODE OR 1,557
UNCODIFIED
AGENCY NAME SECTION 1,559
Advisory Board COUNCIL on Amusement Ride 1711.51 1,561
Safety
Advisory Board of Directors for Prison Labor 5145.162 1,563
Appalachian Public Facilities Task Force Sec. 3, H.B. 1,565
COUNCIL 280, 121st GA
Apprenticeship Council 4111.26 1,567
Armory Board of Control 5911.09 1,569
Banking Board COMMISSION 1127.02 1123.01 1,572
Board of Voting Machine Examiners 3506.05(B) 1,574
Board of Governors, Medical Malpractice Joint 3929.77 1,576
Underwriting Association
Board of Tax Appeals 5703.02 1,578
Board on Unreclaimed Strip Mine Lands 1513.29 1,580
BRAIN INJURY ADVISORY COMMITTEE 3304.231 1,583
Capitol Square Review and Advisory Board 105.41 1,585
Child Support Guideline Advisory Commission 3113.215(G) 1,588
COUNCIL
Children's Trust Fund Board 3109.15 1,590
Citizen's Advisory Board COUNCIL (Dept. of 5123.092 1,594
Mental Retardation and Developmental
Disabilities) 1,593
Citizen's Advisory Board COUNCIL (Dept. of 5119.81 1,597
Mental Health)
35
Civilian Conservation Advisory Council 1553.10 1,599
COMMITTEE
Coastal Resources Advisory Council 1506.12 1,601
Commission on African-American Males 4112.12 1,603
Commission on Spanish-Speaking 121.31 1,606
HISPANIC-LATINO Affairs
Committee of Blind Vendors 3304.34 1,608
Commodity Advisory Commission 926.32 1,610
Community Mental Retardation and 5123.353 1,613
Developmental Disabilities Trust Fund
Advisory Board COUNCIL 1,612
Continuing Education Committee (for sheriffs) 109.80 1,615
Controlling Board 127.12 1,617
Council on Alcohol and Drug Addiction 3793.09 1,619
Services
COUNCIL ON UNRECLAIMED STRIP MINE LANDS 1513.29 1,622
County Sheriff's SHERIFFS' Standard Car 311.25 1,625
Marking and Uniform Commission
Criminal Sentencing Advisory Committee 181.22 1,627
Day-Care Advisory Council 5104.08 1,629
Development Financing Advisory Board COUNCIL 122.40 1,631
Electrical Safety Inspector Advisory Board 3783.08 1,634
COMMITTEE
Engineering Experiment Station Advisory 3335.27 1,637
Council COMMITTEE
Environmental Board of Review APPEALS 3745.02 1,640
COMMISSION
Environmental Education Board of Trustees 3745.21 1,642
COUNCIL
Forestry Advisory Council 1503.40 1,644
Governor's Community Service Commission 121.40 1,646
COUNCIL
Governor's Council on People with 3303.41 1,648
Disabilities
36
Hazardous Waste Facility Board 3734.05 1,650
Head Injury Advisory Council 3304.231 1,652
Health Care Quality Advisory Council 4121.442 1,654
Health Data Advisory Committee 3729.61 1,656
Hemophilia Advisory Committee COUNCIL 3701.145 1,658
Historic Site Preservation Advisory Board 149.301 1,660
Home Health Agency Advisory Council 3701.88 1,662
Hospital Advisory Committee and the Medical 3929.77 3929.76 1,665
Advisory Committee of the Joint
Underwriting Association Board of
Governors
Industrial Commission 4121.02 1,667
Industrial Commission Nominating Committee 4121.04 1,670
COUNCIL
Industrial Technology and Enterprise Advisory 122.29 1,673
Board COUNCIL
Insurance Agent Education Advisory Board 3905.483 1,675
COUNCIL
Interagency Recycling Market Development 1502.10 1,677
Workgroup
Joint Committee on Mental Retardation and 101.37 1,680
Developmental Disabilities
Joint Select Committee on Volume Cap 133.021 1,682
Labor-Management Government Advisory 4121.70 1,685
Committee COUNCIL
Lake Erie Commission 1506.21 1,687
Legal Rights Service Commission 5123.60 1,689
Martha Kinney Cooper Ohioana Library 3375.62 1,691
Association Board of Trustees
Maternal and Child Health Consultants' Group 3701.025 1,694
COUNCIL
Medicaid Long-Term Care Reimbursement Study 5111.34 1,697
Committee COUNCIL
37
Medically Handicapped Children's Medical 3701.025 1,700
Advisory Committee COUNCIL
Milk Sanitation Board 3717.69 917.03 1,702
Mine Subsidence Insurance Governing Board 3929.51 1,704
Multi-Agency Radio Communication Systems Sec. 21, H.B. 1,706
Steering Committee 790, 120th GA
Multidisciplinary Board COUNCIL 3746.03 1,708
Muskingum River Advisory Board 1501.25 1,710
National Museum of Afro-American History and 149.303 1,713
Culture Planning Council COMMITTEE
Ohio Advisory Council for the Aging 173.03 1,715
Ohio Arts Council 3379.02 1,717
Ohio Arts AND SPORTS Facilities Commission 3383.02 1,719
Ohio Benefit Systems Data Linkage Committee 125.24 1,721
Ohio Bicentennial Commission 149.32 1,723
Ohio Cemetery Dispute Resolution Committee 4767.05 1,726
COMMISSION
Ohio Commission on Dispute Resolution and 179.02 1,728
Conflict Management
Ohio Educational Telecommunications Network 3353.02 1,730
Commission
Ohio Ethics Commission 102.05 1,732
Ohio Expositions Commission 991.02 1,734
Ohio Family and Children First Cabinet 121.37 1,736
Council
Ohio Geology Advisory Council 1505.11 1,738
Ohio Grape Industries Committee 924.51 1,740
Ohio Historical Society Board of Trustees 149.30 1,742
OHIO LAKE ERIE COMMISSION 1506.21 1,744
Ohio Medical Quality Foundation 3701.89 1,746
Ohio Natural Areas Council 1517.03 1,748
Ohio Parks and Recreation Advisory Council 1541.40 1,750
Ohio Peace Officer Training Council 109.71 1,752
COMMISSION
38
Ohio Public Defender Commission 120.01 1,754
Ohio Quarter Horse Development Committee 3769.086 1,757
COMMISSION
Ohio Retirement Study Commission 171.01 1,759
Ohio Scenic Rivers Advisory Councils 1517.18 1,761
Ohio Small Government Capital Improvements 164.02 1,763
Commission
Ohio Soil and Water Conservation Commission 1515.02 1,765
Ohio Standardbred Development Committee 3769.085 1,768
COMMISSION
Ohio Steel Industry Advisory Commission 122.97 1,770
COUNCIL
Ohio Student Aid Commission 3351.05 1,772
Ohio Teacher Education and Certification 3319.282 1,775
LICENSURE Advisory Commission COUNCIL 3319.28(D)
Ohio Thoroughbred Racing Advisory Committee 3769.084 1,777
Ohio Tuition Trust Authority 3334.03 1,779
Ohio University College of Osteopathic 3337.10 1,782
Medicine Advisory Board COMMITTEE
OHIO VENDORS REPRESENTATIVE COMMITTEE 3304.34 1,784
Ohio Veterans VETERANS' Home Board of 5907.02 1,787
Trustees
Ohio War Orphans' ORPHANS Scholarship Board 5910.02 1,789
Ohio Water Advisory Council 1521.031 1,791
Oil and Gas Board of Review COMMISSION 1509.35 1,793
Organized Crime Investigations Commission 177.01 1,795
Parole Board 5149.10 1,797
Pharmacy and Therapeutics Committee of the 5111.81 1,799
Dept. of Human Services
Physical Fitness and Sports Advisory Board 3701.77 1,801
Police and Firemen's Disability and Pension 742.03 1,804
Fund Board of Trustees
Power Siting Board 4906.02 1,806
Private Water Systems Advisory Board COUNCIL 3701.346 1,808
39
Public Employees Deferred Compensation Board 145.72 1,810
Public Employees Retirement Board 145.04 1,812
Public Employment Risk Reduction Advisory 4167.02 1,814
Commission
Public Utilities Commission Nominating 4901.021 1,816
Council
Reclamation Board of Review COMMISSION 1513.05 1,818
Recreation and Resources Commission 1501.04 1,820
Recycling and Litter Prevention Advisory 1502.04 1,822
Council
Rehabilitation Services Commission Consumer 3304.24 1,825
Advisory Council COMMITTEE
School Employees Retirement Board 3309.04 1,827
Select Commission on Pyrotechnics Sec. 3, H.B. 1,829
508, 119th GA
Services Committee of the Workers' 4121.06 1,831
Compensation System
Set Aside Review Board 123.151(C)(4) 1,833
Small Business Stationary Source Technical 3704.19 1,836
and Environmental Compliance Assistance
Council
Solid Waste Management Advisory Council 3734.51 1,838
State Board of Deposit 135.02 1,840
State Board of Library Examiners 3375.47 1,842
State Board COUNCIL of Uniform State Laws 105.21 1,844
State Committee for the Purchase of Products 4115.32 1,848
and Services of Persons with Severe
Disabilities
State Criminal Sentencing Commission 181.21 1,850
State Fire Commission 3737.81 1,852
State Highway Patrol Retirement Board 5505.04 1,854
State and Local Government Commission of Ohio 105.45 1,856
State Teachers Retirement Board 3307.04 1,858
40
State Victims Assistance Advisory Board 109.91 1,860
COMMITTEE
Student Tuition Recovery Authority 3332.081 1,862
Subcommittee of the State Board of Emergency 4765.55 1,866
Medical Services for Fire Fighter
FIREFIGHTER and Fire Safety Inspector
Training
Submerged Lands Advisory Committee COUNCIL 1506.37 1,868
Tax Credit Authority 122.17 1,870
Technical Advisory Committee to assist the 1551.35 1,873
Director of the Ohio Coal Development
Office
Technical Advisory Council on Oil and Gas 1509.38 1,875
Technology Advisory Committee (for Education) Sec. 45.01, 1,877
H.B. 117, 121st
GA
Unemployment Compensation Board of Review 4141.06 1,880
COMMISSION
Unemployment Compensation Advisory Commission 4141.08 1,883
COUNCIL
Utility Radiological Safety Board 4937.02 1,885
Veterans Advisory Board COMMITTEE 5902.02(K) 1,887
Water and Sewer Commission 1525.11(C) 1,889
Waterways Safety Council 1547.73 1,891
Welfare Oversight Commission COUNCIL 5101.93 1,893
Wildlife Council 1531.03 1,895
Women's Policy and Research Commission 121.51 1,897
Workers' Compensation System Oversigh Sec. 10, H.B. 1,900
OVERSIGHT Committee 222, 118th GA
Wright-Dunbar State Heritage Commission 149.321" 1,902
Section 4. That existing Section 27 of Sub. H.B. 670 of 1,905
the 121st General Assembly is hereby repealed. 1,906
Section 5. That Section 3 of Am. Sub. H.B. 1 of the 123rd 1,908
General Assembly be amended to read as follows: 1,909
41
"Sec. 3. (A) Sections 3301.90, 3301.91, and 3301.92 of 1,911
the Revised Code are hereby repealed, effective July 1, 2004. 1,912
(B) The OhioReads Council is not subject to section 101.84 1,914
SECTIONS 101.82 TO 101.87 of the Revised Code. The Council 1,916
expires on July 1, 2004, as provided in division (A) of this 1,917
section, and not on the date otherwise prescribed by section 1,918
101.84 101.83 of the Revised Code. 1,919
(C) Not later than January 1, 2004, the Director of Budget 1,921
and Management shall submit a written recommendation to the 1,922
Governor, the Speaker of the House of Representatives, and the 1,923
President of the Senate of a governmental entity to assume the 1,925
duties of the OhioReads Council beginning July 1, 2004, if the 1,926
General Assembly does not continue the Council's existence." 1,927
Section 6. That existing Section 3 of Am. Sub. H.B. 1 of 1,929
the 123rd General Assembly is hereby repealed. 1,930
Section 7. That Section 4 of Sub. H.B. 538 of the 123rd 1,932
General Assembly be amended to read as follows: 1,933
"Sec. 4. The Joint Council on Mental Retardation and 1,935
Developmental Disabilities is retained pursuant to division (D) 1,936
of section 101.84 101.83 of the Revised Code and, pursuant to 1,937
that section, expires on December 31, 2004." 1,939
Section 8. That existing Section 4 of Sub. H.B. 538 of the 1,941
123rd General Assembly is hereby repealed. 1,942
Section 9. The Sunset Review Committee created by section 1,944
101.84 of the Revised Code, as enacted by this act, shall review 1,945
the implementation and operation of sections 101.82 to 101.87 of 1,946
the Revised Code. As part of its review, the Committee shall 1,947
determine whether there is a need to establish a permanent 1,948
legislative committee to conduct an ongoing review of existing 1,949
state agencies and an ongoing evaluation of proposed new state 1,950
agencies and determine what role, if any, the Department of 1,952
Administrative Services could play in an ongoing review and 1,953
evaluation process of that nature. The Committee shall report 1,954
the findings and recommendations resulting from the review it 1,955
42
conducts under this section to the Governor, the Speaker of the 1,956
House of Representatives, and the President of the Senate at the 1,957
same time it submits the report required by section 101.87 of the 1,958
Revised Code.
Section 10. Sections 101.84, 101.85, 101.86, and 101.87 of 1,960
the Revised Code, as enacted by this act, are hereby repealed on 1,962
December 31, 2004.
Section 11. Notwithstanding the time frames established by 1,964
divisions (A) and (C) of section 101.84 of the Revised Code, as 1,965
enacted by this act, appointments shall be made to the Sunset 1,966
Review Committee in 2001 within fifteen days after the effective 1,967
date of this section, and the Committee shall have its first
meeting in 2001, not later than thirty days after the effective 1,968
date of this section. 1,969
Section 12. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 1,971
of this act shall take effect on January 1, 2001. 1,974