SENATOR Hottinger

To amend sections 111.15, 119.03, 119.032, and 3375.01

1

and to enact sections 121.71 to 121.76 of the

2

Revised Code to regulate incorporations by

3

reference in administrative rules and to permit

4

emergency rules to be readopted as such during the

5

legislative review carry-over period.

6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 111.15, 119.03, 119.032, and 3375.01	7
be amended and sections 121.71, 121.72, 121.73, 121.74, 121.75,	8
and 121.76 of the Revised Code be enacted to read as follows:	9

Sec. 111.15.  (A) As used in this section:

10

(1) "Rule" includes any rule, regulation, bylaw, or standard	11
having a general and uniform operation adopted by an agency under	12
the authority of the laws governing the agency; any appendix to a	13
rule; and any internal management rule. "Rule" does not include	14
any guideline adopted pursuant to section 3301.0714 of the Revised	15
Code, any order respecting the duties of employees, any finding,	16
any determination of a question of law or fact in a matter	17
presented to an agency, or any rule promulgated pursuant to	18
Chapter 119., section 4141.14, division (C)(1) or (2) of section	19
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	20
any amendment or rescission of a rule.	21

(2) "Agency" means any governmental entity of the state and	22
includes, but is not limited to, any board, department, division,	23
commission, bureau, society, council, institution, state college	24
or university, community college district, technical college	25
district, or state community college. "Agency" does not include	26
the general assembly, the controlling board, the adjutant	27
general's department, or any court.	28

(3) "Internal management rule" means any rule, regulation,	29
bylaw, or standard governing the day-to-day staff procedures and	30
operations within an agency.	31

(4) "Substantive revision" has the same meaning as in	32
division (J) of section 119.01 of the Revised Code.	33

(B)(1) Any rule, other than a rule of an emergency nature,	34
adopted by any agency pursuant to this section shall be effective	35
on the tenth day after the day on which the rule in final form and	36
in compliance with division (B)(3) of this section is filed as	37
follows:	38

(a) The rule shall be filed in electronic form with both the	39
secretary of state and the director of the legislative service	40
commission;	41

(b) The rule shall be filed in electronic form with the	42
joint committee on agency rule review. Division (B)(1)(b) of this	43
section does not apply to any rule to which division (D) of this	44
section does not apply.	45

An agency that adopts or amends a rule that is subject to	46
division (D) of this section shall assign a review date to the	47
rule that is not later than five years after its effective date.	48
If no review date is assigned to a rule, or if a review date	49
assigned to a rule exceeds the five-year maximum, the review date	50
for the rule is five years after its effective date. A rule with	51
a review date is subject to review under section 119.032 of the	52
Revised Code. This paragraph does not apply to a rule of a state	53
college or university, community college district, technical	54
college district, or state community college.	55

If all filings are not completed on the same day, the rule	56
shall be effective on the tenth day after the day on which the	57
latest filing is completed. If an agency in adopting a rule	58
designates an effective date that is later than the effective date	59
provided for by division (B)(1) of this section, the rule if filed	60
as required by such division shall become effective on the later	61
date designated by the agency.	62

Any rule that is required to be filed under division (B)(1)	63
of this section is also subject to division (D) of this section if	64
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	65
(8) of this section.	66

If a rule incorporates a text or other material by reference,	67
the agency shall comply with sections 121.71 to 121.76 of the	68
Revised Code.	69

(2) A rule of an emergency nature necessary for the	70
immediate preservation of the public peace, health, or safety	71
shall state the reasons for the necessity. The emergency rule, in	72
final form and in compliance with division (B)(3) of this section,	73
shall be filed in electronic form with the secretary of state, the	74
director of the legislative service commission, and the joint	75
committee on agency rule review. The emergency rule is effective	76
immediately upon completion of the latest filing, except that if	77
the agency in adopting the emergency rule designates an effective	78
date, or date and time of day, that is later than the effective	79
date and time provided for by division (B)(2) of this section, the	80
emergency rule if filed as required by such division shall become	81
effective at the later date, or later date and time of day,	82
designated by the agency.	83

An emergency rule becomes invalid at the end of the ninetieth	84
day it is in effect. Prior to that date, the agency may file the	85
emergency rule as a nonemergency rule in compliance with division	86
(B)(1) of this section. The agency may not refile the emergency	87
rule in compliance with division (B)(2) of this section so that,	88
upon the emergency rule becoming invalid under such division, the	89
emergency rule will continue in effect without interruption for	90
another ninety-day period.	91

(3) An agency shall file a rule under division (B)(1) or (2)	92
of this section in compliance with the following standards and	93
procedures:	94

(a) The rule shall be numbered in accordance with the	95
numbering system devised by the director for the Ohio	96
administrative code.	97

(b) The rule shall be prepared and submitted in compliance	98
with the rules of the legislative service commission.	99

(c) The rule shall clearly state the date on which it is to	100
be effective and the date on which it will expire, if known.	101

(d) Each rule that amends or rescinds another rule shall	102
clearly refer to the rule that is amended or rescinded. Each	103
amendment shall fully restate the rule as amended.	104

If the director of the legislative service commission or the	105
director's designee gives an agency notice pursuant to section	106
103.05 of the Revised Code that a rule filed by the agency is not	107
in compliance with the rules of the legislative service	108
commission, the agency shall within thirty days after receipt of	109
the notice conform the rule to the rules of the commission as	110
directed in the notice.	111

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	112
of this section shall be recorded by the secretary of state and	113
the director under the title of the agency adopting the rule and	114
shall be numbered according to the numbering system devised by the	115
director. The secretary of state and the director shall preserve	116
the rules in an accessible manner. Each such rule shall be a	117
public record open to public inspection and may be transmitted to	118
any law publishing company that wishes to reproduce it.	119

(D) At least sixty-five days before a board, commission,	120
department, division, or bureau of the government of the state	121
files a rule under division (B)(1) of this section, it shall file	122
the full text of the proposed rule in electronic form with the	123
joint committee on agency rule review, and the proposed rule is	124
subject to legislative review and invalidation under division (I)	125
of section 119.03 of the Revised Code. If a state board,	126
commission, department, division, or bureau makes a substantive	127
revision in a proposed rule after it is filed with the joint	128
committee, the state board, commission, department, division, or	129
bureau shall promptly file the full text of the proposed rule in	130
its revised form in electronic form with the joint committee. The	131
latest version of a proposed rule as filed with the joint	132
committee supersedes each earlier version of the text of the same	133
proposed rule. Except as provided in division (F) of this	134
section, a state board, commission, department, division, or	135
bureau shall also file the rule summary and fiscal analysis	136
prepared under section 121.24 or 127.18 of the Revised Code, or	137
both, in electronic form along with a proposed rule, and along	138
with a proposed rule in revised form, that is filed under this	139
division.	140

As used in this division, "commission" includes the public	141
utilities commission when adopting rules under a federal or state	142
statute.	143

This division does not apply to any of the following:

144

(1) A proposed rule of an emergency nature;

145

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	146
1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342,	147
4123.40, 4123.411, 4123.44, or 4123.442 of the Revised Code;	148

(3) A rule proposed by an agency other than a board,	149
commission, department, division, or bureau of the government of	150
the state;	151

(4) A proposed internal management rule of a board,	152
commission, department, division, or bureau of the government of	153
the state;	154

(5) Any proposed rule that must be adopted verbatim by an	155
agency pursuant to federal law or rule, to become effective within	156
sixty days of adoption, in order to continue the operation of a	157
federally reimbursed program in this state, so long as the	158
proposed rule contains both of the following:	159

(a) A statement that it is proposed for the purpose of	160
complying with a federal law or rule;	161

(b) A citation to the federal law or rule that requires	162
verbatim compliance.	163

(6) An initial rule proposed by the director of health to	164
impose safety standards, quality-of-care standards, and	165
quality-of-care data reporting requirements with respect to a	166
health service specified in section 3702.11 of the Revised Code,	167
or an initial rule proposed by the director to impose quality	168
standards on a facility listed in division (A)(4) of section	169
3702.30 of the Revised Code, if section 3702.12 of the Revised	170
Code requires that the rule be adopted under this section;	171

(7) A rule of the state lottery commission pertaining to	172
instant game rules.	173

If a rule is exempt from legislative review under division	174
(D)(5) of this section, and if the federal law or rule pursuant to	175
which the rule was adopted expires, is repealed or rescinded, or	176
otherwise terminates, the rule is thereafter subject to	177
legislative review under division (D) of this section.	178

(E) Whenever a state board, commission, department,	179
division, or bureau files a proposed rule or a proposed rule in	180
revised form under division (D) of this section, it shall also	181
file the full text of the same proposed rule or proposed rule in	182
revised form in electronic form with the secretary of state and	183
the director of the legislative service commission. Except as	184
provided in division (F) of this section, a state board,	185
commission, department, division, or bureau shall file the rule	186
summary and fiscal analysis prepared under section 121.24 or	187
127.18 of the Revised Code, or both, in electronic form along with	188
a proposed rule or proposed rule in revised form that is filed	189
with the secretary of state or the director of the legislative	190
service commission.	191

(F) Except as otherwise provided in this division, the	192
auditor of state or the auditor of state's designee is not	193
required to file a rule summary and fiscal analysis along with a	194
proposed rule, or proposed rule in revised form, that the auditor	195
of state proposes under section 117.12, 117.19, 117.38, or 117.43	196
of the Revised Code and files under division (D) or (E) of this	197
section. If, however, the auditor of state or the designee	198
prepares a rule summary and fiscal analysis of the original	199
version of such a proposed rule for purposes of complying with	200
section 121.24 of the Revised Code, the auditor of state or	201
designee shall file the rule summary and fiscal analysis in	202
electronic form along with the original version of the proposed	203
rule filed under division (D) or (E) of this section.	204

Sec. 119.03.  In the adoption, amendment, or rescission of	205
any rule, an agency shall comply with the following procedure:	206

(A) Reasonable public notice shall be given in the register	207
of Ohio at least thirty days prior to the date set for a hearing,	208
in the form the agency determines. The agency shall file copies	209
of the public notice under division (B) of this section. (The	210
agency gives public notice in the register of Ohio when the public	211
notice is published in the register under that division.)	212

The public notice shall include:

213

(1) A statement of the agency's intention to consider	214
adopting, amending, or rescinding a rule;	215

(2) A synopsis of the proposed rule, amendment, or rule to	216
be rescinded or a general statement of the subject matter to which	217
the proposed rule, amendment, or rescission relates;	218

(3) A statement of the reason or purpose for adopting,	219
amending, or rescinding the rule;	220

(4) The date, time, and place of a hearing on the proposed	221
action, which shall be not earlier than the thirty-first nor later	222
than the fortieth day after the proposed rule, amendment, or	223
rescission is filed under division (B) of this section.	224

In addition to public notice given in the register of Ohio,	225
the agency may give whatever other notice it reasonably considers	226
necessary to ensure notice constructively is given to all persons	227
who are subject to or affected by the proposed rule, amendment, or	228
rescission.	229

The agency shall provide a copy of the public notice required	230
under division (A) of this section to any person who requests it	231
and pays a reasonable fee, not to exceed the cost of copying and	232
mailing.	233

(B) The full text of the proposed rule, amendment, or rule	234
to be rescinded, accompanied by the public notice required under	235
division (A) of this section, shall be filed in electronic form	236
with the secretary of state and with the director of the	237
legislative service commission. (If in compliance with this	238
division an agency files more than one proposed rule, amendment,	239
or rescission at the same time, and has prepared a public notice	240
under division (A) of this section that applies to more than one	241
of the proposed rules, amendments, or rescissions, the agency	242
shall file only one notice with the secretary of state and with	243
the director for all of the proposed rules, amendments, or	244
rescissions to which the notice applies.) The proposed rule,	245
amendment, or rescission and public notice shall be filed as	246
required by this division at least sixty-five days prior to the	247
date on which the agency, in accordance with division (D) of this	248
section, issues an order adopting the proposed rule, amendment, or	249
rescission.	250

If the proposed rule, amendment, or rescission incorporates a	251
text or other material by reference, the agency shall comply with	252
sections 121.71 to 121.76 of the Revised Code.	253

The proposed rule, amendment, or rescission shall be	254
available for at least thirty days prior to the date of the	255
hearing at the office of the agency in printed or other legible	256
form without charge to any person affected by the proposal.	257
Failure to furnish such text to any person requesting it shall not	258
invalidate any action of the agency in connection therewith.	259

If the agency files a substantive revision in the text of the	260
proposed rule, amendment, or rescission under division (H) of this	261
section, it shall also promptly file the full text of the proposed	262
rule, amendment, or rescission in its revised form in electronic	263
form with the secretary of state and with the director of the	264
legislative service commission.	265

The agency shall file the rule summary and fiscal analysis	266
prepared under section 121.24 or 127.18 of the Revised Code, or	267
both, in electronic form along with a proposed rule, amendment, or	268
rescission or proposed rule, amendment, or rescission in revised	269
form that is filed with the secretary of state or the director of	270
the legislative service commission.	271

The director of the legislative service commission shall	272
publish in the register of Ohio the full text of the original and	273
each revised version of a proposed rule, amendment, or rescission;	274
the full text of a public notice; and the full text of a rule	275
summary and fiscal analysis that is filed with the director under	276
this division.	277

(C) On the date and at the time and place designated in the	278
notice, the agency shall conduct a public hearing at which any	279
person affected by the proposed action of the agency may appear	280
and be heard in person, by the person's attorney, or both, may	281
present the person's position, arguments, or contentions, orally	282
or in writing, offer and examine witnesses, and present evidence	283
tending to show that the proposed rule, amendment, or rescission,	284
if adopted or effectuated, will be unreasonable or unlawful. An	285
agency may permit persons affected by the proposed rule,	286
amendment, or rescission to present their positions, arguments, or	287
contentions in writing, not only at the hearing, but also for a	288
reasonable period before, after, or both before and after the	289
hearing. A person who presents a position or arguments or	290
contentions in writing before or after the hearing is not required	291
to appear at the hearing.	292

At the hearing, the testimony shall be recorded. Such record	293
shall be made at the expense of the agency. The agency is	294
required to transcribe a record that is not sight readable only if	295
a person requests transcription of all or part of the record and	296
agrees to reimburse the agency for the costs of the transcription.	297
An agency may require the person to pay in advance all or part of	298
the cost of the transcription.	299

In any hearing under this section the agency may administer	300
oaths or affirmations.	301

(D) After complying with divisions (A), (B), (C), and (H) of	302
this section, and when the time for legislative review and	303
invalidation under division (I) of this section has expired, the	304
agency may issue an order adopting the proposed rule or the	305
proposed amendment or rescission of the rule, consistent with the	306
synopsis or general statement included in the public notice. At	307
that time the agency shall designate the effective date of the	308
rule, amendment, or rescission, which shall not be earlier than	309
the tenth day after the rule, amendment, or rescission has been	310
filed in its final form as provided in section 119.04 of the	311
Revised Code.	312

(E) Prior to the effective date of a rule, amendment, or	313
rescission, the agency shall make a reasonable effort to inform	314
those affected by the rule, amendment, or rescission and to have	315
available for distribution to those requesting it the full text of	316
the rule as adopted or as amended.	317

(F) If the governor, upon the request of an agency,	318
determines that an emergency requires the immediate adoption,	319
amendment, or rescission of a rule, the governor shall issue an	320
order, the text of which shall be filed in electronic form with	321
the agency, the secretary of state, the director of the	322
legislative service commission, and the joint committee on agency	323
rule review, that the procedure prescribed by this section with	324
respect to the adoption, amendment, or rescission of a specified	325
rule is suspended. The agency may then adopt immediately the	326
emergency rule, amendment, or rescission and it becomes effective	327
on the date the rule, amendment, or rescission, in final form and	328
in compliance with division (A)(2) of section 119.04 of the	329
Revised Code, are filed in electronic form with the secretary of	330
state, the director of the legislative service commission, and the	331
joint committee on agency rule review. If all filings are not	332
completed on the same day, the emergency rule, amendment, or	333
rescission shall be effective on the day on which the latest	334
filing is completed. The director shall publish the full text of	335
the emergency rule, amendment, or rescission in the register of	336
Ohio.	337

The emergency rule, amendment, or rescission shall become	338
invalid at the end of the ninetieth day it is in effect. Prior to	339
that date the agency may adopt the emergency rule, amendment, or	340
rescission as a nonemergency rule, amendment, or rescission by	341
complying with the procedure prescribed by this section for the	342
adoption, amendment, and rescission of nonemergency rules. The	343
agency shall not use the procedure of this division to readopt the	344
emergency rule, amendment, or rescission so that, upon the	345
emergency rule, amendment, or rescission becoming invalid under	346
this division, the emergency rule, amendment, or rescission will	347
continue in effect without interruption for another ninety-day	348
period, except when division (I)(2)(a) of this section prevents	349
the agency from adopting the emergency rule, amendment, or	350
rescission as a nonemergency rule, amendment, or rescission within	351
the ninety-day period.	352

This division does not apply to the adoption of any emergency	353
rule, amendment, or rescission by the tax commissioner under	354
division (C)(2) of section 5117.02 of the Revised Code.	355

(G) Rules adopted by an authority within the department of	356
job and family services for the administration or enforcement of	357
Chapter 4141. of the Revised Code or of the department of taxation	358
shall be effective without a hearing as provided by this section	359
if the statutes pertaining to such agency specifically give a	360
right of appeal to the board of tax appeals or to a higher	361
authority within the agency or to a court, and also give the	362
appellant a right to a hearing on such appeal. This division does	363
not apply to the adoption of any rule, amendment, or rescission by	364
the tax commissioner under division (C)(1) or (2) of section	365
5117.02 of the Revised Code, or deny the right to file an action	366
for declaratory judgment as provided in Chapter 2721. of the	367
Revised Code from the decision of the board of tax appeals or of	368
the higher authority within such agency.	369

(H) When any agency files a proposed rule, amendment, or	370
rescission under division (B) of this section, it shall also file	371
in electronic form with the joint committee on agency rule review	372
the full text of the proposed rule, amendment, or rule to be	373
rescinded in the same form and the public notice required under	374
division (A) of this section. (If in compliance with this	375
division an agency files more than one proposed rule, amendment,	376
or rescission at the same time, and has given a public notice	377
under division (A) of this section that applies to more than one	378
of the proposed rules, amendments, or rescissions, the agency	379
shall file only one notice with the joint committee for all of the	380
proposed rules, amendments, or rescissions to which the notice	381
applies.) If the agency makes a substantive revision in a	382
proposed rule, amendment, or rescission after it is filed with the	383
joint committee, the agency shall promptly file the full text of	384
the proposed rule, amendment, or rescission in its revised form in	385
electronic form with the joint committee. The latest version of a	386
proposed rule, amendment, or rescission as filed with the joint	387
committee supersedes each earlier version of the text of the same	388
proposed rule, amendment, or rescission. An agency shall file the	389
rule summary and fiscal analysis prepared under section 121.24 or	390
127.18 of the Revised Code, or both, in electronic form along with	391
a proposed rule, amendment, or rescission, and along with a	392
proposed rule, amendment, or rescission in revised form, that is	393
filed under this division.	394

This division does not apply to:

395

(1) An emergency rule, amendment, or rescission;

396

(2) Any proposed rule, amendment, or rescission that must be	397
adopted verbatim by an agency pursuant to federal law or rule, to	398
become effective within sixty days of adoption, in order to	399
continue the operation of a federally reimbursed program in this	400
state, so long as the proposed rule contains both of the	401
following:	402

(a) A statement that it is proposed for the purpose of	403
complying with a federal law or rule;	404

(b) A citation to the federal law or rule that requires	405
verbatim compliance.	406

If a rule or amendment is exempt from legislative review	407
under division (H)(2) of this section, and if the federal law or	408
rule pursuant to which the rule or amendment was adopted expires,	409
is repealed or rescinded, or otherwise terminates, the rule or	410
amendment, or its rescission, is thereafter subject to legislative	411
review under division (H) of this section.	412

(I)(1) The joint committee on agency rule review may	413
recommend the adoption of a concurrent resolution invalidating a	414
proposed rule, amendment, rescission, or part thereof if it finds	415
any of the following:	416

(a) That the rule-making agency has exceeded the scope of	417
its statutory authority in proposing the rule, amendment, or	418
rescission;	419

(b) That the proposed rule, amendment, or rescission	420
conflicts with another rule, amendment, or rescission adopted by	421
the same or a different rule-making agency;	422

(c) That the proposed rule, amendment, or rescission	423
conflicts with the legislative intent in enacting the statute	424
under which the rule-making agency proposed the rule, amendment,	425
or rescission;	426

(d) That the rule-making agency has failed to prepare a	427
complete and accurate rule summary and fiscal analysis of the	428
proposed rule, amendment, or rescission as required by section	429
121.24 or 127.18 of the Revised Code, or both, or that the	430
proposed rule, amendment, or rescission incorporates a text or	431
other material by reference and either the rule-making agency has	432
failed to file the text or other material incorporated by	433
reference as required by section 121.73 of the Revised Code or, in	434
the case of a proposed rule or amendment, the incorporation by	435
reference fails to meet the standards stated in section 121.72,	436
121.75, or 121.76 of the Revised Code.	437

The joint committee shall not hold its public hearing on a	438
proposed rule, amendment, or rescission earlier than the	439
forty-first day after the original version of the proposed rule,	440
amendment, or rescission was filed with the joint committee.	441

The house of representatives and senate may adopt a	442
concurrent resolution invalidating a proposed rule, amendment,	443
rescission, or part thereof. The concurrent resolution shall	444
state which of the specific rules, amendments, rescissions, or	445
parts thereof are invalidated. A concurrent resolution	446
invalidating a proposed rule, amendment, or rescission shall be	447
adopted not later than the sixty-fifth day after the original	448
version of the text of the proposed rule, amendment, or rescission	449
is filed with the joint committee, except that if more than	450
thirty-five days after the original version is filed the	451
rule-making agency either files a revised version of the text of	452
the proposed rule, amendment, or rescission, or revises the rule	453
summary and fiscal analysis in accordance with division (I)(4) of	454
this section, a concurrent resolution invalidating the proposed	455
rule, amendment, or rescission shall be adopted not later than the	456
thirtieth day after the revised version of the proposed rule or	457
rule summary and fiscal analysis is filed. If, after the joint	458
committee on agency rule review recommends the adoption of a	459
concurrent resolution invalidating a proposed rule, amendment,	460
rescission, or part thereof, the house of representatives or	461
senate does not, within the time remaining for adoption of the	462
concurrent resolution, hold five floor sessions at which its	463
journal records a roll call vote disclosing a sufficient number of	464
members in attendance to pass a bill, the time within which that	465
house may adopt the concurrent resolution is extended until it has	466
held five such floor sessions.	467

Within five days after the adoption of a concurrent	468
resolution invalidating a proposed rule, amendment, rescission, or	469
part thereof, the clerk of the senate shall send the rule-making	470
agency, the secretary of state, and the director of the	471
legislative service commission in electronic form a certified text	472
of the resolution together with a certification stating the date	473
on which the resolution takes effect. The secretary of state and	474
the director of the legislative service commission shall each note	475
the invalidity of the proposed rule, amendment, rescission, or	476
part thereof, and shall each remove the invalid proposed rule,	477
amendment, rescission, or part thereof from the file of proposed	478
rules. The rule-making agency shall not proceed to adopt in	479
accordance with division (D) of this section, or to file in	480
accordance with division (B)(1) of section 111.15 of the Revised	481
Code, any version of a proposed rule, amendment, rescission, or	482
part thereof that has been invalidated by concurrent resolution.	483

Unless the house of representatives and senate adopt a	484
concurrent resolution invalidating a proposed rule, amendment,	485
rescission, or part thereof within the time specified by this	486
division, the rule-making agency may proceed to adopt in	487
accordance with division (D) of this section, or to file in	488
accordance with division (B)(1) of section 111.15 of the Revised	489
Code, the latest version of the proposed rule, amendment, or	490
rescission as filed with the joint committee. If by concurrent	491
resolution certain of the rules, amendments, rescissions, or parts	492
thereof are specifically invalidated, the rule-making agency may	493
proceed to adopt, in accordance with division (D) of this section,	494
or to file in accordance with division (B)(1) of section 111.15 of	495
the Revised Code, the latest version of the proposed rules,	496
amendments, rescissions, or parts thereof as filed with the joint	497
committee that are not specifically invalidated. The rule-making	498
agency may not revise or amend any proposed rule, amendment,	499
rescission, or part thereof that has not been invalidated except	500
as provided in this chapter or in section 111.15 of the Revised	501
Code.	502

(2)(a) A proposed rule, amendment, or rescission that is	503
filed with the joint committee under division (H) of this section	504
or division (D) of section 111.15 of the Revised Code shall be	505
carried over for legislative review to the next succeeding regular	506
session of the general assembly if the original or any revised	507
version of the proposed rule, amendment, or rescission is filed	508
with the joint committee on or after the first day of December of	509
any year.	510

(b) The latest version of any proposed rule, amendment, or	511
rescission that is subject to division (I)(2)(a) of this section,	512
as filed with the joint committee, is subject to legislative	513
review and invalidation in the next succeeding regular session of	514
the general assembly in the same manner as if it were the original	515
version of a proposed rule, amendment, or rescission that had been	516
filed with the joint committee for the first time on the first day	517
of the session. A rule-making agency shall not adopt in	518
accordance with division (D) of this section, or file in	519
accordance with division (B)(1) of section 111.15 of the Revised	520
Code, any version of a proposed rule, amendment, or rescission	521
that is subject to division (I)(2)(a) of this section until the	522
time for legislative review and invalidation, as contemplated by	523
division (I)(2)(b) of this section, has expired.	524

(3) Invalidation of any version of a proposed rule,	525
amendment, rescission, or part thereof by concurrent resolution	526
shall prevent the rule-making agency from instituting or	527
continuing proceedings to adopt any version of the same proposed	528
rule, amendment, rescission, or part thereof for the duration of	529
the general assembly that invalidated the proposed rule,	530
amendment, rescission, or part thereof unless the same general	531
assembly adopts a concurrent resolution permitting the rule-making	532
agency to institute or continue such proceedings.	533

The failure of the general assembly to invalidate a proposed	534
rule, amendment, rescission, or part thereof under this section	535
shall not be construed as a ratification of the lawfulness or	536
reasonableness of the proposed rule, amendment, rescission, or any	537
part thereof or of the validity of the procedure by which the	538
proposed rule, amendment, rescission, or any part thereof was	539
proposed or adopted.	540

(4) In lieu of recommending a concurrent resolution to	541
invalidate a proposed rule, amendment, rescission, or part thereof	542
because the rule-making agency has failed to prepare a complete	543
and accurate fiscal analysis, the joint committee on agency rule	544
review may issue, on a one-time basis, for rules, amendments,	545
rescissions, or parts thereof that have a fiscal effect on school	546
districts, counties, townships, or municipal corporations, a	547
finding that the rule summary and fiscal analysis is incomplete or	548
inaccurate and order the rule-making agency to revise the rule	549
summary and fiscal analysis and refile it with the proposed rule,	550
amendment, rescission, or part thereof. If an emergency rule is	551
filed as a nonemergency rule before the end of the ninetieth day	552
of the emergency rule's effectiveness, and the joint committee	553
issues a finding and orders the rule-making agency to refile under	554
division (I)(4) of this section, the governor may also issue an	555
order stating that the emergency rule shall remain in effect for	556
an additional sixty days after the ninetieth day of the emergency	557
rule's effectiveness. The governor's orders shall be filed in	558
accordance with division (F) of this section. The joint committee	559
shall send in electronic form to the rule-making agency, the	560
secretary of state, and the director of the legislative service	561
commission a certified text of the finding and order to revise the	562
rule summary and fiscal analysis, which shall take immediate	563
effect.	564

An order issued under division (I)(4) of this section shall	565
prevent the rule-making agency from instituting or continuing	566
proceedings to adopt any version of the proposed rule, amendment,	567
rescission, or part thereof until the rule-making agency revises	568
the rule summary and fiscal analysis and refiles it in electronic	569
form with the joint committee along with the proposed rule,	570
amendment, rescission, or part thereof. If the joint committee	571
finds the rule summary and fiscal analysis to be complete and	572
accurate, the joint committee shall issue a new order noting that	573
the rule-making agency has revised and refiled a complete and	574
accurate rule summary and fiscal analysis. The joint committee	575
shall send in electronic form to the rule-making agency, the	576
secretary of state, and the director of the legislative service	577
commission a certified text of this new order. The secretary of	578
state and the director of the legislative service commission shall	579
each link this order to the proposed rule, amendment, rescission,	580
or part thereof. The rule-making agency may then proceed to adopt	581
in accordance with division (D) of this section, or to file in	582
accordance with division (B)(1) of section 111.15 of the Revised	583
Code, the proposed rule, amendment, rescission, or part thereof	584
that was subject to the finding and order under division (I)(4) of	585
this section. If the joint committee determines that the revised	586
rule summary and fiscal analysis is still inaccurate or	587
incomplete, the joint committee shall recommend the adoption of a	588
concurrent resolution in accordance with division (I)(1) of this	589
section.	590

Sec. 119.032.  (A) As used in this section:

591

(1) "Agency" includes both an agency as defined in division	592
(A)(2) of section 111.15 and an agency as defined in division (A)	593
of section 119.01 of the Revised Code.	594

(2) "Review date" means the review date assigned to a rule	595
by an agency under division (B) or (E)(2) of this section or under	596
section 111.15, 119.04, or 4141.14 of the Revised Code or a review	597
date assigned to a rule by the joint committee on agency rule	598
review under division (B) of this section.	599

(3)(a) "Rule" means only a rule whose adoption, amendment,	600
or rescission is subject to review under division (D) of section	601
111.15 or division (H) of section 119.03 of the Revised Code.	602

(b) "Rule" does not include a rule adopted, amended, or	603
rescinded by the department of taxation under section 5703.14 of	604
the Revised Code, a rule of a state college or university,	605
community college district, technical college district, or state	606
community college, or a rule that is consistent with and	607
equivalent to the form required by a federal law and that does not	608
exceed the minimum scope and intent of that federal law.	609

(B) Not later than March 25, 1997, each agency shall assign	610
a review date to each of its rules that is currently in effect and	611
shall notify the joint committee on agency rule review of the	612
review date for each such rule. The agency shall assign review	613
dates to its rules so that approximately one-fifth of the rules	614
are scheduled for review during each calendar year of the	615
five-year period that begins March 25, 1997, except that an	616
agency, with the joint committee's approval, may set a review	617
schedule for the agency's rules in which there is no requirement	618
that approximately one-fifth of the agency's rules be assigned a	619
review date during each calendar year of the five-year period but	620
in which all of the agency's rules are assigned a review date	621
during that five-year period. An agency may change the review	622
dates it has assigned to specific rules so long as the agency	623
complies with the five-year time deadline specified in this	624
division.	625

Upon the request of the agency that adopted the rule, the	626
joint committee on agency rule review may extend a review date of	627
a rule to a date that is not later than one hundred eighty days	628
after the original review date assigned to the rule by the agency	629
under this division, division (E)(2) of this section, or section	630
111.15, 119.04, or 4141.14 of the Revised Code. The joint	631
committee may further extend a review date that has been extended	632
under this paragraph if appropriate under the circumstances.	633

(C) Prior to the review date of a rule, the agency that	634
adopted the rule shall review the rule to determine all of the	635
following:	636

(1) Whether the rule should be continued without amendment,	637
be amended, or be rescinded, taking into consideration the	638
purpose, scope, and intent of the statute under which the rule was	639
adopted;	640

(2) Whether the rule needs amendment or rescission to give	641
more flexibility at the local level;	642

(3) Whether the rule needs amendment or rescission to	643
eliminate unnecessary paperwork, or whether the rule incorporates	644
a text or other material by reference and, if so, whether the text	645
or other material incorporated by reference is deposited or	646
displayed as required by section 121.74 of the Revised Code and	647
whether the incorporation by reference meets the standards stated	648
in sections 121.72, 121.75, and 121.76 of the Revised Code;	649

(4) Whether the rule duplicates, overlaps with, or conflicts	650
with other rules.	651

(D) In making the review required under division (C) of this	652
section, the agency shall consider the continued need for the	653
rule, the nature of any complaints or comments received concerning	654
the rule, and any relevant factors that have changed in the	655
subject matter area affected by the rule.	656

(E)(1) On or before the designated review date of a rule,	657
the agency that adopted the rule shall proceed under division	658
(E)(2) or (5) of this section to indicate that the agency has	659
reviewed the rule.	660

(2) If the agency has determined that the rule does not need	661
to be amended or rescinded, the agency shall file all the	662
following, in electronic form, with the joint committee on agency	663
rule review, the secretary of state, and the director of the	664
legislative service commission: a copy of the rule, a statement	665
of the agency's determination, and an accurate rule summary and	666
fiscal analysis for the rule as described in section 127.18 of the	667
Revised Code. The agency shall assign a new review date to the	668
rule, which shall not be later than five years after the rule's	669
immediately preceding review date. After the joint committee has	670
reviewed such a rule for the first time, including any rule that	671
was in effect on September 26, 1996, the agency in its subsequent	672
reviews of the rule may provide the same fiscal analysis it	673
provided to the joint committee during its immediately preceding	674
review of the rule unless any of the conditions described in	675
division (B)(4), (5), (6), (8), (9), or (10) of section 127.18 of	676
the Revised Code, as they relate to the rule, have appreciably	677
changed since the joint committee's immediately preceding review	678
of the rule. If any of these conditions, as they relate to the	679
rule, have appreciably changed, the agency shall provide the joint	680
committee with an updated fiscal analysis for the rule. If no	681
review date is assigned to a rule, or if a review date assigned to	682
a rule exceeds the five-year maximum, the review date for the rule	683
is five years after its immediately preceding review date. The	684
joint committee shall give public notice in the register of Ohio	685
of the agency's determination after receiving a notice from the	686
agency under division (E)(2) of this section. The joint committee	687
shall transmit a copy of the notice in electronic form to the	688
director of the legislative service commission. The director	689
shall publish the notice in the register of Ohio for four	690
consecutive weeks after its receipt.	691

(3) During the ninety-day period following the date the	692
joint committee receives a notice under division (E)(2) of this	693
section but after the four-week period described in division	694
(E)(2) of this section has ended, the joint committee, by a	695
two-thirds vote of the members present, may recommend the adoption	696
of a concurrent resolution invalidating the rule if the joint	697
committee determines that either of the following applies:	698

(a) The agency improperly applied the criteria described in	699
divisions (C) and (D) of this section in reviewing the rule and in	700
recommending its continuance without amendment or rescission.	701

(b) The agency failed to file proper notice with the joint	702
committee regarding the rule, or if the rule incorporates a text	703
or other material by reference, the agency failed to file, or to	704
deposit or display, the text or other material incorporated by	705
reference as required by section 121.73 or 121.74 of the Revised	706
Code or the incorporation by reference fails to meet the standards	707
stated in section 121.72, 121.75, or 121.76 of the Revised Code.	708

(4) If the joint committee does not take the action	709
described in division (E)(3) of this section regarding a rule	710
during the ninety-day period after the date the joint committee	711
receives a notice under division (E)(2) of this section regarding	712
that rule, the rule shall continue in effect without amendment and	713
shall be next reviewed by the joint committee by the date	714
designated by the agency in the notice provided to the joint	715
committee under division (E)(2) of this section.	716

(5) If the agency has determined that a rule reviewed under	717
division (C) of this section needs to be amended or rescinded, the	718
agency, on or before the rule's review date, shall file the rule	719
as amended or rescinded in accordance with section 111.15, 119.03,	720
or 4141.14 of the Revised Code, as applicable.	721

(6) Each agency shall provide the joint committee with a	722
copy of the rules that it has determined are rules described in	723
division (A)(3)(b) of this section. At a time the joint committee	724
designates, each agency shall appear before the joint committee	725
and explain why it has determined that such rules are rules	726
described in division (A)(3)(b) of this section. The joint	727
committee, by a two-thirds vote of the members present, may	728
determine that any of such rules are rules described in division	729
(A)(3)(a) of this section. After the joint committee has made	730
such a determination relating to a rule, the agency shall	731
thereafter treat the rule as a rule described in division	732
(A)(3)(a) of this section.	733

(F) If an agency fails to provide the notice to the joint	734
committee required under division (E)(2) of this section regarding	735
a rule or otherwise fails by the rule's review date to take any	736
action regarding the rule required by this section, the joint	737
committee, by a majority vote of the members present, may	738
recommend the adoption of a concurrent resolution invalidating the	739
rule. The joint committee shall not recommend the adoption of	740
such a resolution until it has afforded the agency the opportunity	741
to appear before the joint committee to show cause why the joint	742
committee should not recommend the adoption of such a resolution	743
regarding that rule.	744

(G) If the joint committee recommends adoption of a	745
concurrent resolution invalidating a rule under division (E)(3) or	746
(F) of this section, the adoption of the concurrent resolution	747
shall be in the manner described in division (I) of section 119.03	748
of the Revised Code.	749

Sec. 121.71. As used in sections 121.71 to 121.76 of the	750
Revised Code:	751

(A) "Agency" means an "agency" as defined in section 111.15	752
or 119.01 of the Revised Code.	753

(B) "Rule" means a new rule or an amendment to an existing	754
rule. "Rule" includes an appendix or an attachment to a rule.	755

Sec. 121.72. An agency incorporates a text or other material	756
into a rule by reference when it states in the rule that a text or	757
other material not contained in the rule is to be treated as if it	758
were contained in the rule. The agency shall explain in the rule	759
how persons who reasonably can be expected to be affected by the	760
rule can obtain copies of the text or other material that has been	761
incorporated by reference. As part of the explanation, the agency	762
shall state whether the incorporated text or other material is or	763
is to be deposited in depository libraries or is or is to be	764
displayed on a web site. If the text or other material	765
incorporated by reference was, is, or reasonably can be expected	766
to be subject to change, the agency, as part of the explanation,	767
shall identify, and specify the date of, the particular edition or	768
other version of the text or other material that is incorporated	769
by reference.	770

Sec. 121.73. As used in this section, "rule" has the same	771
meaning as in section 121.71 of the Revised Code and also includes	772
the rescission of an existing rule.	773

(A) When an agency files the original or a revised version	774
of a rule in proposed form under division (D) of section 111.15 or	775
division (H) of section 119.03, or a rule for review under section	776
119.032 of the Revised Code, that incorporates a text or other	777
material by reference, the agency also shall file in electronic	778
form, one complete and accurate copy of the text or other material	779
incorporated by reference with the joint committee on agency rule	780
review. An agency is not, however, required to file a text or	781
other material incorporated by reference with the joint committee	782
if the agency revises a rule in proposed form that incorporates a	783
text or other material by reference and the incorporation by	784
reference in the revised version of the rule is identical to the	785
incorporation by reference in the preceding version of the rule.	786

If it is infeasible for the agency to file a text or other	787
material incorporated by reference electronically, the agency, as	788
soon as possible, but not later than three days after completing	789
the electronic filing, shall deliver one complete and accurate	790
copy of the text or other material incorporated by reference to	791
the joint committee, and shall attach a memorandum to the text or	792
other material identifying the filing to which it relates.	793

An agency shall not file a copy of a text or other material	794
incorporated by reference with the secretary of state or with the	795
director of the legislative service commission.	796

(B) Upon completing its review of a rule in proposed form,	797
or its review of a rule, that incorporates a text or other	798
material by reference, the joint committee shall forward its copy	799
of the text or other material incorporated by reference to the	800
director of the legislative service commission. The director shall	801
maintain a file of texts and other materials that are or were	802
incorporated by reference into rules.	803

Sec. 121.74. As used in this section, "rule" has the same	804
meaning as in section 121.71 of the Revised Code and also includes	805
the rescission of an existing rule.	806

When an agency files a rule in final form under division	807
(B)(1) of section 111.15, division (A)(1) of section 119.04,	808
division (B)(1) of section 4141.14, or division (A) of section	809
5703.14 of the Revised Code that incorporates or incorporated a	810
text or other material by reference, the agency, prior to the	811
effective date of the rule, shall either:	812

(A) Deposit one complete and accurate copy of the text or	813
other material incorporated by reference in each of the depository	814
libraries designated by the state library board; or	815

(B) Display a complete and accurate copy of the text or other	816
material incorporated by reference on a web site maintained or	817
made available by the agency.	818

An agency is not required to comply with this section if the	819
text or other material incorporated by reference is identical to a	820
text or other material the agency, at the time compliance with	821
this section otherwise would be required, already is depositing or	822
displaying under this section.	823

Sec. 121.75. Sections 121.71 to 121.74 of the Revised Code do	824
not apply with regard to the incorporation by reference into a	825
rule of any of the following so long as the incorporation by	826
reference consists of a citation that will be intelligible to the	827
persons who reasonably can be expected to be affected by the rule	828
and that, if the incorporated text or other material was, is, or	829
reasonably can be expected to be subject to change, identifies,	830
and specifies the date of, the particular edition or other version	831
that is incorporated:	832

(A) A section of the Revised Code or of the United States	833
Code;	834

(B) An uncodified statute of this state or, if it has been	835
appended as a legislative note to a section in the United States	836
Code, an uncodified federal statute;	837

(C) An act of this state in the Laws of Ohio or a federal	838
act in the Statutes at Large;	839

(D) A rule in the Administrative Code or a regulation in the	840
Federal Register or Code of Federal Regulations; or	841

(E) A text or other material generally available to persons	842
who reasonably can be expected to be affected by the rule.	843

Sec. 121.76. Sections 121.71 to 121.75 of the Revised Code do	844
not apply to either:	845

(A) An internal management rule as defined in section 111.15	846
of the Revised Code; or	847

(B) A rule insofar as it is necessary to obtain or maintain	848
authorization of a federally delegated program in Ohio and, in	849
regard to that authorization, incorporates a text or other	850
material by reference.	851

It is recommended that a rule exempt from complying with	852
sections 121.71 to 121.75 of the Revised Code under division (B)	853
of this section nevertheless incorporate by reference a particular	854
edition or other version of the text or other material.	855

Sec. 3375.01.  A state library board is hereby created to be	856
composed of five members to be appointed by the state board of	857
education. One member shall be appointed each year for a term of	858
five years. No one is eligible to membership on the state library	859
board who is or has been for a year previous to his appointment a	860
member of the state board of education. A member of the state	861
library board shall not during histhe member's term of office be	862
a member of the board of library trustees for any library in any	863
subdivision in the state. Before entering on theofficial duties	864
of his appointment, each member shall subscribe to the official	865
oath of office. All vacancies on the state library board shall be	866
filled by the state board of education by appointment for the	867
unexpired term. The members shall receive no compensation, but	868
shall be paid their actual and necessary expenses incurred in the	869
performance of their duties or in the conduct of authorized board	870
business, within or without the state.	871

At its regular meeting next prior to the beginning of each	872
fiscal biennium the state library board shall elect a president	873
and vice-president each of whom shall serve for two years or until	874
hisa successor is elected and qualified.	875

The state library board is responsible for the state library	876
of Ohio and a statewide program of development and coordination of	877
library services, and its powers include the following:	878

(A) Maintain the state library, holding custody of books,	879
periodicals, pamphlets, films, recordings, papers, and other	880
materials and equipment. The board may purchase or procure from	881
an insurance company licensed to do business in this state	882
policies of insurance insuring the members of the board and the	883
officers, employees, and agents of the state library against	884
liability on account of damage or injury to persons or property	885
resulting from any act or omission of the board members, officers,	886
employees, and agents of the state library in their official	887
capacity.	888

(B) Accept, receive, administer, and expend, in accordance	889
with the terms thereof, any moneys, materials, or other aid	890
granted, appropriated, or made available to it for library	891
purposes, by the United States, or any of its agencies, or by any	892
other source, public or private;	893

(C) Administer such funds as the general assembly may make	894
available to it for the improvement of public library services,	895
interlibrary cooperation, or for other library purposes;	896

(D) Contract with other agencies, organizations, libraries,	897
library schools, boards of education, universities, public and	898
private, within or without the state, for library services,	899
facilities, research, or any allied or related purpose;	900

(E) In accordance with Chapter 119. of the Revised Code,	901
approve, disapprove, or modify resolutions for establishment of	902
county district libraries, and approve, disapprove, or modify	903
resolutions to determine the boundaries of such districts, along	904
county lines or otherwise, and approve, disapprove, or modify	905
resolutions to redefine boundaries, along county lines or	906
otherwise, where questions subsequently arise as a result of	907
school district consolidations;	908

(F) Upon consolidation of two or more school districts and	909
in accordance with Chapter 119. of the Revised Code, to define and	910
adjust the boundaries of the new public library district resulting	911
from such consolidation and to resolve any disputes or questions	912
pertaining to the boundaries, organization, and operation of the	913
new library district;	914

(G) Upon application of one or more boards of library	915
trustees and in accordance with Chapter 119. of the Revised Code,	916
to amend, define, and adjust the boundaries of the library	917
districts making such application and the boundaries of adjacent	918
library districts. A library district boundary change made by the	919
state library board pursuant to this division shall take effect	920
sixty days after the day on which two certified copies of the	921
boundary change order in final form are filed on the same date	922
with the secretary of state and with the director of the	923
legislative service commission unless a referendum petition is	924
filed pursuant to section 3375.03 of the Revised Code.	925

(H) Certify its actions relating to boundaries authorized in	926
this section, to boards of election, taxing authorities, the	927
boards of trustees of libraries affected and other appropriate	928
bodies;	929

(I) Encourage and assist the efforts of libraries and local	930
governments to develop mutual and cooperative solutions to library	931
service problems;	932

(J) Designate by rule at least five depository libraries,	933
dispersed geographically throughout the state, into which an	934
agency can deposit a copy of a text or other material that has	935
been incorporated by reference into one of its rules;	936

(K) Recommend to the governor and to the general assembly	937
such changes in the law as will strengthen and improve library	938
services and operations;	939

(K)(L) In accordance with Chapter 119. of the Revised Code,	940
adopt such rules as are necessary for the carrying out of any	941
function imposed on it by law, and provide such rules as are	942
necessary for its government and the government of its employees.	943
The board may delegate to the state librarian the management and	944
administration of any function imposed on it by law.	945

Section 2. That existing sections 111.15, 119.03, 119.032,	946
and 3375.01 of the Revised Code are hereby repealed.	947

Section 3. (A)(1) Except as otherwise provided in division	948
(A)(2) of this section, sections 111.15, 119.03, and 119.032, as	949
amended by this act, and sections 121.71, 121.72, 121.73, 121.74,	950
121.75, and 121.76 of the Revised Code first apply one month after	951
the effective date of this act. The State Library Board shall use	952
the emergency rule-making procedure of division (F) of section	953
119.03 of the Revised Code to designate depository libraries under	954
division (J) of section 3375.01 of the Revised Code in	955
anticipation of section 121.74 of the Revised Code becoming first	956
applicable.	957

(2) The amendment by this act to division (F) of section	958
119.03 of the Revised Code first applies on the effective date of	959
this act.	960

(B) As used in Sections 4, 5, 6, and 7 of this act, "date of	961
first applicability" means the date of first applicability	962
specified in division (A)(1) of this section.	963

Section 4. As used in this section, "rule" means a new rule	964
or the amendment of an existing rule.	965

(A) If, on the date of first applicability, an agency has a	966
proposed rule that incorporates a text or other material by	967
reference pending in a rule-making proceeding, the agency is not	968
required to revise the proposed rule solely to bring the	969
incorporation by reference into compliance with the standards	970
stated in sections 121.72, 121.75, and 121.76 of the Revised Code.	971
But if the agency on or after the date of first applicability	972
otherwise revises the proposed rule, the agency shall ensure the	973
incorporation by reference meets the standards stated in sections	974
121.72, 121.75, and 121.76 of the Revised Code, and shall file,	975
and eventually deposit or display, the text or other material	976
incorporated by reference as required by sections 121.73 and	977
121.74 of the Revised Code.	978

(B) An agency may adopt and file in final form a proposed	979
rule that, on the date of first applicability, incorporates a text	980
or other material by reference, is pending in a rule-making	981
proceeding, and is not on or after the date of first applicability	982
otherwise revised. The agency is not required to have filed, or	983
to deposit or display, the text or other material incorporated by	984
reference as required by section 121.73 or 121.74 of the Revised	985
Code, and the incorporation by reference is not required to meet	986
the standards stated in sections 121.72, 121.75, and 121.76 of the	987
Revised Code. So long as all other applicable rule-making	988
procedures have been complied with, the rule as adopted and filed	989
in final form is ratified. Sections 121.71 to 121.76 of the	990
Revised Code first apply with regard to the incorporation by	991
reference when the rule is next amended or next reviewed under	992
section 119.032 of the Revised Code.	993

Section 5. As used in this section, "rule" means a new rule	994
or the amendment of an existing rule.	995

A rule that incorporates a text or other material by	996
reference and that is effective, or that has been adopted and	997
filed in final form, on or before the date of first applicability,	998
is ratified. The adopting agency is not required to amend the rule	999
solely to bring the incorporation by reference into compliance	1000
with the standards stated in sections 121.72, 121.75, and 121.76	1001
of the Revised Code and is not required to deposit or display the	1002
text or other material incorporated by reference as required by	1003
section 121.74 of the Revised Code. But when the rule is next	1004
otherwise amended, or next otherwise reviewed under section	1005
119.032 of the Revised Code, the agency shall ensure that the	1006
incorporation by reference meets the standards stated in sections	1007
121.72, 121.75, and 121.76 of the Revised Code, and that the text	1008
or other material incorporated by reference is filed, and	1009
eventually deposited or displayed, as required by sections 121.73	1010
and 121.74 of the Revised Code.	1011

Section 6. As used in this section, except where context	1012
refers to a pre-existing rule, "rule" means the rescission of an	1013
existing rule.	1014

(A)(1)(a) If, on the date of first applicability, an agency	1015
has a proposed rescission of a rule that incorporates a text or	1016
other material by reference pending in a rule-making proceeding,	1017
the agency is not required to file the incorporated text or other	1018
material as required by section 121.73 of the Revised Code. But	1019
if the agency on or after the date of first applicability	1020
otherwise revises the proposed rescission, the agency shall file,	1021
and eventually deposit or display, the incorporated text or other	1022
material as required by sections 121.73 and 121.74 of the Revised	1023
Code.	1024

(b) An agency may adopt and file in final form a proposed	1025
rescission of a rule that on the date of first applicability	1026
incorporates a text or other material by reference, is pending in	1027
a rule-making proceeding, and is not on or after the date of first	1028
applicability otherwise revised. The agency is not required to	1029
have filed, or to deposit or display, the text or other material	1030
incorporated by reference as required by section 121.73 or 121.74	1031
of the Revised Code. So long as all other applicable rule-making	1032
procedures have been complied with, rescission of the rule is	1033
ratified.	1034

(2) A rescission of a rule that incorporates a text or other	1035
material by reference that has been adopted and filed in final	1036
form on or before the date of first applicability is ratified. The	1037
adopting agency is not required to have filed, or to deposit or	1038
display, the incorporated text or other material as required by	1039
section 121.73 or 121.74 of the Revised Code.	1040

(3) If an agency rescinds a rule subject to division (B) of	1041
Section 4 or to Section 5 of this act that is not amended or	1042
reviewed after the date of first applicability as contemplated by	1043
those sections, the agency shall file the incorporated text or	1044
other material as required by section 121.73 of the Revised Code	1045
and shall deposit or display the incorporated text or other	1046
material as required by section 121.74 of the Revised Code.	1047

(B) A rescinded rule as contemplated by division (A)(1)(b),	1048
(2), or (3) of this section that, while previously effective,	1049
incorporated a text or other material by reference without	1050
conforming in essence to what sections 121.71 to 121.76 of the	1051
Revised Code provide, is ratified insofar as the incorporation by	1052
reference might raise a question of the rule's validity as applied	1053
to facts occurring while the rule was effective.	1054

Section 7.  As used in this section, "rule" means a	1055
pre-existing rule that has been rescinded, or a provision,	1056
formerly part of an existing rule, that has been removed from the	1057
existing rule by amendment.	1058

A previously effective rule or version of a rule, not	1059
effective on the date of first applicability, that, while	1060
previously effective, incorporated a text or other material by	1061
reference without conforming in essence to what sections 121.71 to	1062
121.76 of the Revised Code in future would provide, is ratified	1063
insofar as the incorporation by reference might raise a question	1064
of the rule's or version's validity as applied to facts occurring	1065
while the rule or version previously was effective.	1066

This section is cumulative to Section 59 of Am. Sub. H.B. 524	1067
of the 124th General Assembly, and is a remedial law as that term	1068
is used in section 1.11 of the Revised Code.	1069

Section 8. Section 111.15 of the Revised Code is presented in	1070
this act as a composite of the section as amended by both Sub.	1071
H.B. 386 and Am. Sub. S.B. 138 of the 124th General Assembly. The	1072
General Assembly, applying the principle stated in division (B) of	1073
section 1.52 of the Revised Code that amendments are to be	1074
harmonized if reasonably capable of simultaneous operation, finds	1075
that the composite is the resulting version of the section in	1076
effect prior to the effective date of the section as presented in	1077
this act.	1078