REPRESENTATIVES Willamowski, Seitz, Callender, Faber, Schmidt, Sullivan, Evans, Kearns

To amend sections 111.15, 119.03, 119.032, 127.18, and

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3375.01 and to enact sections 121.71 to 121.76 of

2

the 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, 127.18, and	7
3375.01 be amended and sections 121.71, 121.72, 121.73, 121.74,	8
121.75, and 121.76 of the Revised Code be enacted to read as	9
follows:	10

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

11

(1) "Rule" includes any rule, regulation, bylaw, or standard	12
having a general and uniform operation adopted by an agency under	13
the authority of the laws governing the agency; any appendix to a	14
rule; and any internal management rule. "Rule" does not include	15
any guideline adopted pursuant to section 3301.0714 of the Revised	16
Code, any order respecting the duties of employees, any finding,	17
any determination of a question of law or fact in a matter	18
presented to an agency, or any rule promulgated pursuant to	19
Chapter 119., section 4141.14, division (C)(1) or (2) of section	20
5117.02, or section 5703.14 of the Revised Code. "Rule" includes	21
any amendment or rescission of a rule.	22

(2) "Agency" means any governmental entity of the state and	23
includes, but is not limited to, any board, department, division,	24
commission, bureau, society, council, institution, state college	25
or university, community college district, technical college	26
district, or state community college. "Agency" does not include	27
the general assembly, the controlling board, the adjutant	28
general's department, or any court.	29

(3) "Internal management rule" means any rule, regulation,	30
bylaw, or standard governing the day-to-day staff procedures and	31
operations within an agency.	32

(4) "Substantive revision" has the same meaning as in	33
division (J) of section 119.01 of the Revised Code.	34

(B)(1) Any rule, other than a rule of an emergency nature,	35
adopted by any agency pursuant to this section shall be effective	36
on the tenth day after the day on which the rule in final form and	37
in compliance with division (B)(3) of this section is filed as	38
follows:	39

(a) The rule shall be filed in electronic form with both the	40
secretary of state and the director of the legislative service	41
commission;	42

(b) The rule shall be filed in electronic form with the	43
joint committee on agency rule review. Division (B)(1)(b) of this	44
section does not apply to any rule to which division (D) of this	45
section does not apply.	46

An agency that adopts or amends a rule that is subject to	47
division (D) of this section shall assign a review date to the	48
rule that is not later than five years after its effective date.	49
If no review date is assigned to a rule, or if a review date	50
assigned to a rule exceeds the five-year maximum, the review date	51
for the rule is five years after its effective date. A rule with	52
a review date is subject to review under section 119.032 of the	53
Revised Code. This paragraph does not apply to a rule of a state	54
college or university, community college district, technical	55
college district, or state community college.	56

If all filings are not completed on the same day, the rule	57
shall be effective on the tenth day after the day on which the	58
latest filing is completed. If an agency in adopting a rule	59
designates an effective date that is later than the effective date	60
provided for by division (B)(1) of this section, the rule if filed	61
as required by such division shall become effective on the later	62
date designated by the agency.	63

Any rule that is required to be filed under division (B)(1)	64
of this section is also subject to division (D) of this section if	65
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or	66
(8) of this section.	67

If a rule incorporates a text or other material by reference,	68
the agency shall comply with sections 121.71 to 121.76 of the	69
Revised Code.	70

(2) A rule of an emergency nature necessary for the	71
immediate preservation of the public peace, health, or safety	72
shall state the reasons for the necessity. The emergency rule, in	73
final form and in compliance with division (B)(3) of this section,	74
shall be filed in electronic form with the secretary of state, the	75
director of the legislative service commission, and the joint	76
committee on agency rule review. The emergency rule is effective	77
immediately upon completion of the latest filing, except that if	78
the agency in adopting the emergency rule designates an effective	79
date, or date and time of day, that is later than the effective	80
date and time provided for by division (B)(2) of this section, the	81
emergency rule if filed as required by such division shall become	82
effective at the later date, or later date and time of day,	83
designated by the agency.	84

An emergency rule becomes invalid at the end of the ninetieth	85
day it is in effect. Prior to that date, the agency may file the	86
emergency rule as a nonemergency rule in compliance with division	87
(B)(1) of this section. The agency may not refile the emergency	88
rule in compliance with division (B)(2) of this section so that,	89
upon the emergency rule becoming invalid under such division, the	90
emergency rule will continue in effect without interruption for	91
another ninety-day period.	92

(3) An agency shall file a rule under division (B)(1) or (2)	93
of this section in compliance with the following standards and	94
procedures:	95

(a) The rule shall be numbered in accordance with the	96
numbering system devised by the director for the Ohio	97
administrative code.	98

(b) The rule shall be prepared and submitted in compliance	99
with the rules of the legislative service commission.	100

(c) The rule shall clearly state the date on which it is to	101
be effective and the date on which it will expire, if known.	102

(d) Each rule that amends or rescinds another rule shall	103
clearly refer to the rule that is amended or rescinded. Each	104
amendment shall fully restate the rule as amended.	105

If the director of the legislative service commission or the	106
director's designee gives an agency notice pursuant to section	107
103.05 of the Revised Code that a rule filed by the agency is not	108
in compliance with the rules of the legislative service	109
commission, the agency shall within thirty days after receipt of	110
the notice conform the rule to the rules of the commission as	111
directed in the notice.	112

(C) All rules filed pursuant to divisions (B)(1)(a) and (2)	113
of this section shall be recorded by the secretary of state and	114
the director under the title of the agency adopting the rule and	115
shall be numbered according to the numbering system devised by the	116
director. The secretary of state and the director shall preserve	117
the rules in an accessible manner. Each such rule shall be a	118
public record open to public inspection and may be transmitted to	119
any law publishing company that wishes to reproduce it.	120

(D) At least sixty-five days before a board, commission,	121
department, division, or bureau of the government of the state	122
files a rule under division (B)(1) of this section, it shall file	123
the full text of the proposed rule in electronic form with the	124
joint committee on agency rule review, and the proposed rule is	125
subject to legislative review and invalidation under division (I)	126
of section 119.03 of the Revised Code. If a state board,	127
commission, department, division, or bureau makes a substantive	128
revision in a proposed rule after it is filed with the joint	129
committee, the state board, commission, department, division, or	130
bureau shall promptly file the full text of the proposed rule in	131
its revised form in electronic form with the joint committee. The	132
latest version of a proposed rule as filed with the joint	133
committee supersedes each earlier version of the text of the same	134
proposed rule. Except as provided in division (F) of this	135
section, a state board, commission, department, division, or	136
bureau shall also file the rule summary and fiscal analysis	137
prepared under section 121.24 or 127.18 of the Revised Code, or	138
both, in electronic form along with a proposed rule, and along	139
with a proposed rule in revised form, that is filed under this	140
division.	141

As used in this division, "commission" includes the public	142
utilities commission when adopting rules under a federal or state	143
statute.	144

This division does not apply to any of the following:

145

(1) A proposed rule of an emergency nature;

146

(2) A rule proposed under section 1121.05, 1121.06, 1155.18,	147
1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342,	148
4123.40, 4123.411, 4123.44, or 4123.442 of the Revised Code;	149

(3) A rule proposed by an agency other than a board,	150
commission, department, division, or bureau of the government of	151
the state;	152

(4) A proposed internal management rule of a board,	153
commission, department, division, or bureau of the government of	154
the state;	155

(5) Any proposed rule that must be adopted verbatim by an	156
agency pursuant to federal law or rule, to become effective within	157
sixty days of adoption, in order to continue the operation of a	158
federally reimbursed program in this state, so long as the	159
proposed rule contains both of the following:	160

(a) A statement that it is proposed for the purpose of	161
complying with a federal law or rule;	162

(b) A citation to the federal law or rule that requires	163
verbatim compliance.	164

(6) An initial rule proposed by the director of health to	165
impose safety standards, quality-of-care standards, and	166
quality-of-care data reporting requirements with respect to a	167
health service specified in section 3702.11 of the Revised Code,	168
or an initial rule proposed by the director to impose quality	169
standards on a facility listed in division (A)(4) of section	170
3702.30 of the Revised Code, if section 3702.12 of the Revised	171
Code requires that the rule be adopted under this section;	172

(7) A rule of the state lottery commission pertaining to	173
instant game rules.	174

If a rule is exempt from legislative review under division	175
(D)(5) of this section, and if the federal law or rule pursuant to	176
which the rule was adopted expires, is repealed or rescinded, or	177
otherwise terminates, the rule is thereafter subject to	178
legislative review under division (D) of this section.	179

(E) Whenever a state board, commission, department,	180
division, or bureau files a proposed rule or a proposed rule in	181
revised form under division (D) of this section, it shall also	182
file the full text of the same proposed rule or proposed rule in	183
revised form in electronic form with the secretary of state and	184
the director of the legislative service commission. Except as	185
provided in division (F) of this section, a state board,	186
commission, department, division, or bureau shall file the rule	187
summary and fiscal analysis prepared under section 121.24 or	188
127.18 of the Revised Code, or both, in electronic form along with	189
a proposed rule or proposed rule in revised form that is filed	190
with the secretary of state or the director of the legislative	191
service commission.	192

(F) Except as otherwise provided in this division, the	193
auditor of state or the auditor of state's designee is not	194
required to file a rule summary and fiscal analysis along with a	195
proposed rule, or proposed rule in revised form, that the auditor	196
of state proposes under section 117.12, 117.19, 117.38, or 117.43	197
of the Revised Code and files under division (D) or (E) of this	198
section. If, however, the auditor of state or the designee	199
prepares a rule summary and fiscal analysis of the original	200
version of such a proposed rule for purposes of complying with	201
section 121.24 of the Revised Code, the auditor of state or	202
designee shall file the rule summary and fiscal analysis in	203
electronic form along with the original version of the proposed	204
rule filed under division (D) or (E) of this section.	205

Sec. 119.03.  In the adoption, amendment, or rescission of	206
any rule, an agency shall comply with the following procedure:	207

(A) Reasonable public notice shall be given in the register	208
of Ohio at least thirty days prior to the date set for a hearing,	209
in the form the agency determines. The agency shall file copies	210
of the public notice under division (B) of this section. (The	211
agency gives public notice in the register of Ohio when the public	212
notice is published in the register under that division.)	213

The public notice shall include:

214

(1) A statement of the agency's intention to consider	215
adopting, amending, or rescinding a rule;	216

(2) A synopsis of the proposed rule, amendment, or rule to	217
be rescinded or a general statement of the subject matter to which	218
the proposed rule, amendment, or rescission relates;	219

(3) A statement of the reason or purpose for adopting,	220
amending, or rescinding the rule;	221

(4) The date, time, and place of a hearing on the proposed	222
action, which shall be not earlier than the thirty-first nor later	223
than the fortieth day after the proposed rule, amendment, or	224
rescission is filed under division (B) of this section.	225

In addition to public notice given in the register of Ohio,	226
the agency may give whatever other notice it reasonably considers	227
necessary to ensure notice constructively is given to all persons	228
who are subject to or affected by the proposed rule, amendment, or	229
rescission.	230

The agency shall provide a copy of the public notice required	231
under division (A) of this section to any person who requests it	232
and pays a reasonable fee, not to exceed the cost of copying and	233
mailing.	234

(B) The full text of the proposed rule, amendment, or rule	235
to be rescinded, accompanied by the public notice required under	236
division (A) of this section, shall be filed in electronic form	237
with the secretary of state and with the director of the	238
legislative service commission. (If in compliance with this	239
division an agency files more than one proposed rule, amendment,	240
or rescission at the same time, and has prepared a public notice	241
under division (A) of this section that applies to more than one	242
of the proposed rules, amendments, or rescissions, the agency	243
shall file only one notice with the secretary of state and with	244
the director for all of the proposed rules, amendments, or	245
rescissions to which the notice applies.) The proposed rule,	246
amendment, or rescission and public notice shall be filed as	247
required by this division at least sixty-five days prior to the	248
date on which the agency, in accordance with division (D) of this	249
section, issues an order adopting the proposed rule, amendment, or	250
rescission.	251

If the proposed rule, amendment, or rescission incorporates a	252
text or other material by reference, the agency shall comply with	253
sections 121.71 to 121.76 of the Revised Code.	254

The proposed rule, amendment, or rescission shall be	255
available for at least thirty days prior to the date of the	256
hearing at the office of the agency in printed or other legible	257
form without charge to any person affected by the proposal.	258
Failure to furnish such text to any person requesting it shall not	259
invalidate any action of the agency in connection therewith.	260

If the agency files a substantive revision in the text of the	261
proposed rule, amendment, or rescission under division (H) of this	262
section, it shall also promptly file the full text of the proposed	263
rule, amendment, or rescission in its revised form in electronic	264
form with the secretary of state and with the director of the	265
legislative service commission.	266

The agency shall file the rule summary and fiscal analysis	267
prepared under section 121.24 or 127.18 of the Revised Code, or	268
both, in electronic form along with a proposed rule, amendment, or	269
rescission or proposed rule, amendment, or rescission in revised	270
form that is filed with the secretary of state or the director of	271
the legislative service commission.	272

The director of the legislative service commission shall	273
publish in the register of Ohio the full text of the original and	274
each revised version of a proposed rule, amendment, or rescission;	275
the full text of a public notice; and the full text of a rule	276
summary and fiscal analysis that is filed with the director under	277
this division.	278

(C) On the date and at the time and place designated in the	279
notice, the agency shall conduct a public hearing at which any	280
person affected by the proposed action of the agency may appear	281
and be heard in person, by the person's attorney, or both, may	282
present the person's position, arguments, or contentions, orally	283
or in writing, offer and examine witnesses, and present evidence	284
tending to show that the proposed rule, amendment, or rescission,	285
if adopted or effectuated, will be unreasonable or unlawful. An	286
agency may permit persons affected by the proposed rule,	287
amendment, or rescission to present their positions, arguments, or	288
contentions in writing, not only at the hearing, but also for a	289
reasonable period before, after, or both before and after the	290
hearing. A person who presents a position or arguments or	291
contentions in writing before or after the hearing is not required	292
to appear at the hearing.	293

At the hearing, the testimony shall be recorded. Such record	294
shall be made at the expense of the agency. The agency is	295
required to transcribe a record that is not sight readable only if	296
a person requests transcription of all or part of the record and	297
agrees to reimburse the agency for the costs of the transcription.	298
An agency may require the person to pay in advance all or part of	299
the cost of the transcription.	300

In any hearing under this section the agency may administer	301
oaths or affirmations.	302

(D) After complying with divisions (A), (B), (C), and (H) of	303
this section, and when the time for legislative review and	304
invalidation under division (I) of this section has expired, the	305
agency may issue an order adopting the proposed rule or the	306
proposed amendment or rescission of the rule, consistent with the	307
synopsis or general statement included in the public notice. At	308
that time the agency shall designate the effective date of the	309
rule, amendment, or rescission, which shall not be earlier than	310
the tenth day after the rule, amendment, or rescission has been	311
filed in its final form as provided in section 119.04 of the	312
Revised Code.	313

(E) Prior to the effective date of a rule, amendment, or	314
rescission, the agency shall make a reasonable effort to inform	315
those affected by the rule, amendment, or rescission and to have	316
available for distribution to those requesting it the full text of	317
the rule as adopted or as amended.	318

(F) If the governor, upon the request of an agency,	319
determines that an emergency requires the immediate adoption,	320
amendment, or rescission of a rule, the governor shall issue an	321
order, the text of which shall be filed in electronic form with	322
the agency, the secretary of state, the director of the	323
legislative service commission, and the joint committee on agency	324
rule review, that the procedure prescribed by this section with	325
respect to the adoption, amendment, or rescission of a specified	326
rule is suspended. The agency may then adopt immediately the	327
emergency rule, amendment, or rescission and it becomes effective	328
on the date the rule, amendment, or rescission, in final form and	329
in compliance with division (A)(2) of section 119.04 of the	330
Revised Code, are filed in electronic form with the secretary of	331
state, the director of the legislative service commission, and the	332
joint committee on agency rule review. If all filings are not	333
completed on the same day, the emergency rule, amendment, or	334
rescission shall be effective on the day on which the latest	335
filing is completed. The director shall publish the full text of	336
the emergency rule, amendment, or rescission in the register of	337
Ohio.	338

The emergency rule, amendment, or rescission shall become	339
invalid at the end of the ninetieth day it is in effect. Prior to	340
that date the agency may adopt the emergency rule, amendment, or	341
rescission as a nonemergency rule, amendment, or rescission by	342
complying with the procedure prescribed by this section for the	343
adoption, amendment, and rescission of nonemergency rules. The	344
agency shall not use the procedure of this division to readopt the	345
emergency rule, amendment, or rescission so that, upon the	346
emergency rule, amendment, or rescission becoming invalid under	347
this division, the emergency rule, amendment, or rescission will	348
continue in effect without interruption for another ninety-day	349
period, except when division (I)(2)(a) of this section prevents	350
the agency from adopting the emergency rule, amendment, or	351
rescission as a nonemergency rule, amendment, or rescission within	352
the ninety-day period.	353

This division does not apply to the adoption of any emergency	354
rule, amendment, or rescission by the tax commissioner under	355
division (C)(2) of section 5117.02 of the Revised Code.	356

(G) Rules adopted by an authority within the department of	357
job and family services for the administration or enforcement of	358
Chapter 4141. of the Revised Code or of the department of taxation	359
shall be effective without a hearing as provided by this section	360
if the statutes pertaining to such agency specifically give a	361
right of appeal to the board of tax appeals or to a higher	362
authority within the agency or to a court, and also give the	363
appellant a right to a hearing on such appeal. This division does	364
not apply to the adoption of any rule, amendment, or rescission by	365
the tax commissioner under division (C)(1) or (2) of section	366
5117.02 of the Revised Code, or deny the right to file an action	367
for declaratory judgment as provided in Chapter 2721. of the	368
Revised Code from the decision of the board of tax appeals or of	369
the higher authority within such agency.	370

(H) When any agency files a proposed rule, amendment, or	371
rescission under division (B) of this section, it shall also file	372
in electronic form with the joint committee on agency rule review	373
the full text of the proposed rule, amendment, or rule to be	374
rescinded in the same form and the public notice required under	375
division (A) of this section. (If in compliance with this	376
division an agency files more than one proposed rule, amendment,	377
or rescission at the same time, and has given a public notice	378
under division (A) of this section that applies to more than one	379
of the proposed rules, amendments, or rescissions, the agency	380
shall file only one notice with the joint committee for all of the	381
proposed rules, amendments, or rescissions to which the notice	382
applies.) If the agency makes a substantive revision in a	383
proposed rule, amendment, or rescission after it is filed with the	384
joint committee, the agency shall promptly file the full text of	385
the proposed rule, amendment, or rescission in its revised form in	386
electronic form with the joint committee. The latest version of a	387
proposed rule, amendment, or rescission as filed with the joint	388
committee supersedes each earlier version of the text of the same	389
proposed rule, amendment, or rescission. An agency shall file the	390
rule summary and fiscal analysis prepared under section 121.24 or	391
127.18 of the Revised Code, or both, in electronic form along with	392
a proposed rule, amendment, or rescission, and along with a	393
proposed rule, amendment, or rescission in revised form, that is	394
filed under this division.	395

This division does not apply to:

396

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

397

(2) Any proposed rule, amendment, or rescission that must be	398
adopted verbatim by an agency pursuant to federal law or rule, to	399
become effective within sixty days of adoption, in order to	400
continue the operation of a federally reimbursed program in this	401
state, so long as the proposed rule contains both of the	402
following:	403

(a) A statement that it is proposed for the purpose of	404
complying with a federal law or rule;	405

(b) A citation to the federal law or rule that requires	406
verbatim compliance.	407

If a rule or amendment is exempt from legislative review	408
under division (H)(2) of this section, and if the federal law or	409
rule pursuant to which the rule or amendment was adopted expires,	410
is repealed or rescinded, or otherwise terminates, the rule or	411
amendment, or its rescission, is thereafter subject to legislative	412
review under division (H) of this section.	413

(I)(1) The joint committee on agency rule review may	414
recommend the adoption of a concurrent resolution invalidating a	415
proposed rule, amendment, rescission, or part thereof if it finds	416
any of the following:	417

(a) That the rule-making agency has exceeded the scope of	418
its statutory authority in proposing the rule, amendment, or	419
rescission;	420

(b) That the proposed rule, amendment, or rescission	421
conflicts with another rule, amendment, or rescission adopted by	422
the same or a different rule-making agency;	423

(c) That the proposed rule, amendment, or rescission	424
conflicts with the legislative intent in enacting the statute	425
under which the rule-making agency proposed the rule, amendment,	426
or rescission;	427

(d) That the rule-making agency has failed to prepare a	428
complete and accurate rule summary and fiscal analysis of the	429
proposed rule, amendment, or rescission as required by section	430
121.24 or 127.18 of the Revised Code, or both, or that the	431
proposed rule, amendment, or rescission incorporates a text or	432
other material by reference and either the rule-making agency has	433
failed to file the text or other material incorporated by	434
reference as required by section 121.73 of the Revised Code or, in	435
the case of a proposed rule or amendment, the incorporation by	436
reference fails to meet the standards stated in section 121.72,	437
121.75, or 121.76 of the Revised Code.	438

The joint committee shall not hold its public hearing on a	439
proposed rule, amendment, or rescission earlier than the	440
forty-first day after the original version of the proposed rule,	441
amendment, or rescission was filed with the joint committee.	442

The house of representatives and senate may adopt a	443
concurrent resolution invalidating a proposed rule, amendment,	444
rescission, or part thereof. The concurrent resolution shall	445
state which of the specific rules, amendments, rescissions, or	446
parts thereof are invalidated. A concurrent resolution	447
invalidating a proposed rule, amendment, or rescission shall be	448
adopted not later than the sixty-fifth day after the original	449
version of the text of the proposed rule, amendment, or rescission	450
is filed with the joint committee, except that if more than	451
thirty-five days after the original version is filed the	452
rule-making agency either files a revised version of the text of	453
the proposed rule, amendment, or rescission, or revises the rule	454
summary and fiscal analysis in accordance with division (I)(4) of	455
this section, a concurrent resolution invalidating the proposed	456
rule, amendment, or rescission shall be adopted not later than the	457
thirtieth day after the revised version of the proposed rule or	458
rule summary and fiscal analysis is filed. If, after the joint	459
committee on agency rule review recommends the adoption of a	460
concurrent resolution invalidating a proposed rule, amendment,	461
rescission, or part thereof, the house of representatives or	462
senate does not, within the time remaining for adoption of the	463
concurrent resolution, hold five floor sessions at which its	464
journal records a roll call vote disclosing a sufficient number of	465
members in attendance to pass a bill, the time within which that	466
house may adopt the concurrent resolution is extended until it has	467
held five such floor sessions.	468

Within five days after the adoption of a concurrent	469
resolution invalidating a proposed rule, amendment, rescission, or	470
part thereof, the clerk of the senate shall send the rule-making	471
agency, the secretary of state, and the director of the	472
legislative service commission in electronic form a certified text	473
of the resolution together with a certification stating the date	474
on which the resolution takes effect. The secretary of state and	475
the director of the legislative service commission shall each note	476
the invalidity of the proposed rule, amendment, rescission, or	477
part thereof, and shall each remove the invalid proposed rule,	478
amendment, rescission, or part thereof from the file of proposed	479
rules. The rule-making agency shall not proceed to adopt in	480
accordance with division (D) of this section, or to file in	481
accordance with division (B)(1) of section 111.15 of the Revised	482
Code, any version of a proposed rule, amendment, rescission, or	483
part thereof that has been invalidated by concurrent resolution.	484

Unless the house of representatives and senate adopt a	485
concurrent resolution invalidating a proposed rule, amendment,	486
rescission, or part thereof within the time specified by this	487
division, the rule-making agency may proceed to adopt in	488
accordance with division (D) of this section, or to file in	489
accordance with division (B)(1) of section 111.15 of the Revised	490
Code, the latest version of the proposed rule, amendment, or	491
rescission as filed with the joint committee. If by concurrent	492
resolution certain of the rules, amendments, rescissions, or parts	493
thereof are specifically invalidated, the rule-making agency may	494
proceed to adopt, in accordance with division (D) of this section,	495
or to file in accordance with division (B)(1) of section 111.15 of	496
the Revised Code, the latest version of the proposed rules,	497
amendments, rescissions, or parts thereof as filed with the joint	498
committee that are not specifically invalidated. The rule-making	499
agency may not revise or amend any proposed rule, amendment,	500
rescission, or part thereof that has not been invalidated except	501
as provided in this chapter or in section 111.15 of the Revised	502
Code.	503

(2)(a) A proposed rule, amendment, or rescission that is	504
filed with the joint committee under division (H) of this section	505
or division (D) of section 111.15 of the Revised Code shall be	506
carried over for legislative review to the next succeeding regular	507
session of the general assembly if the original or any revised	508
version of the proposed rule, amendment, or rescission is filed	509
with the joint committee on or after the first day of December of	510
any year.	511

(b) The latest version of any proposed rule, amendment, or	512
rescission that is subject to division (I)(2)(a) of this section,	513
as filed with the joint committee, is subject to legislative	514
review and invalidation in the next succeeding regular session of	515
the general assembly in the same manner as if it were the original	516
version of a proposed rule, amendment, or rescission that had been	517
filed with the joint committee for the first time on the first day	518
of the session. A rule-making agency shall not adopt in	519
accordance with division (D) of this section, or file in	520
accordance with division (B)(1) of section 111.15 of the Revised	521
Code, any version of a proposed rule, amendment, or rescission	522
that is subject to division (I)(2)(a) of this section until the	523
time for legislative review and invalidation, as contemplated by	524
division (I)(2)(b) of this section, has expired.	525

(3) Invalidation of any version of a proposed rule,	526
amendment, rescission, or part thereof by concurrent resolution	527
shall prevent the rule-making agency from instituting or	528
continuing proceedings to adopt any version of the same proposed	529
rule, amendment, rescission, or part thereof for the duration of	530
the general assembly that invalidated the proposed rule,	531
amendment, rescission, or part thereof unless the same general	532
assembly adopts a concurrent resolution permitting the rule-making	533
agency to institute or continue such proceedings.	534

The failure of the general assembly to invalidate a proposed	535
rule, amendment, rescission, or part thereof under this section	536
shall not be construed as a ratification of the lawfulness or	537
reasonableness of the proposed rule, amendment, rescission, or any	538
part thereof or of the validity of the procedure by which the	539
proposed rule, amendment, rescission, or any part thereof was	540
proposed or adopted.	541

(4) In lieu of recommending a concurrent resolution to	542
invalidate a proposed rule, amendment, rescission, or part thereof	543
because the rule-making agency has failed to prepare a complete	544
and accurate fiscal analysis, the joint committee on agency rule	545
review may issue, on a one-time basis, for rules, amendments,	546
rescissions, or parts thereof that have a fiscal effect on school	547
districts, counties, townships, or municipal corporations, a	548
finding that the rule summary and fiscal analysis is incomplete or	549
inaccurate and order the rule-making agency to revise the rule	550
summary and fiscal analysis and refile it with the proposed rule,	551
amendment, rescission, or part thereof. If an emergency rule is	552
filed as a nonemergency rule before the end of the ninetieth day	553
of the emergency rule's effectiveness, and the joint committee	554
issues a finding and orders the rule-making agency to refile under	555
division (I)(4) of this section, the governor may also issue an	556
order stating that the emergency rule shall remain in effect for	557
an additional sixty days after the ninetieth day of the emergency	558
rule's effectiveness. The governor's orders shall be filed in	559
accordance with division (F) of this section. The joint committee	560
shall send in electronic form to the rule-making agency, the	561
secretary of state, and the director of the legislative service	562
commission a certified text of the finding and order to revise the	563
rule summary and fiscal analysis, which shall take immediate	564
effect.	565

An order issued under division (I)(4) of this section shall	566
prevent the rule-making agency from instituting or continuing	567
proceedings to adopt any version of the proposed rule, amendment,	568
rescission, or part thereof until the rule-making agency revises	569
the rule summary and fiscal analysis and refiles it in electronic	570
form with the joint committee along with the proposed rule,	571
amendment, rescission, or part thereof. If the joint committee	572
finds the rule summary and fiscal analysis to be complete and	573
accurate, the joint committee shall issue a new order noting that	574
the rule-making agency has revised and refiled a complete and	575
accurate rule summary and fiscal analysis. The joint committee	576
shall send in electronic form to the rule-making agency, the	577
secretary of state, and the director of the legislative service	578
commission a certified text of this new order. The secretary of	579
state and the director of the legislative service commission shall	580
each link this order to the proposed rule, amendment, rescission,	581
or part thereof. The rule-making agency may then proceed to adopt	582
in accordance with division (D) of this section, or to file in	583
accordance with division (B)(1) of section 111.15 of the Revised	584
Code, the proposed rule, amendment, rescission, or part thereof	585
that was subject to the finding and order under division (I)(4) of	586
this section. If the joint committee determines that the revised	587
rule summary and fiscal analysis is still inaccurate or	588
incomplete, the joint committee shall recommend the adoption of a	589
concurrent resolution in accordance with division (I)(1) of this	590
section.	591

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

592

(1) "Agency" includes both an agency as defined in division	593
(A)(2) of section 111.15 and an agency as defined in division (A)	594
of section 119.01 of the Revised Code.	595

(2) "Review date" means the review date assigned to a rule	596
by an agency under division (B) or (E)(2) of this section or under	597
section 111.15, 119.04, or 4141.14 of the Revised Code or a review	598
date assigned to a rule by the joint committee on agency rule	599
review under division (B) of this section.	600

(3)(a) "Rule" means only a rule whose adoption, amendment,	601
or rescission is subject to review under division (D) of section	602
111.15 or division (H) of section 119.03 of the Revised Code.	603

(b) "Rule" does not include a rule adopted, amended, or	604
rescinded by the department of taxation under section 5703.14 of	605
the Revised Code, a rule of a state college or university,	606
community college district, technical college district, or state	607
community college, or a rule that is consistent with and	608
equivalent to the form required by a federal law and that does not	609
exceed the minimum scope and intent of that federal law.	610

(B) Not later than March 25, 1997, each agency shall assign	611
a review date to each of its rules that is currently in effect and	612
shall notify the joint committee on agency rule review of the	613
review date for each such rule. The agency shall assign review	614
dates to its rules so that approximately one-fifth of the rules	615
are scheduled for review during each calendar year of the	616
five-year period that begins March 25, 1997, except that an	617
agency, with the joint committee's approval, may set a review	618
schedule for the agency's rules in which there is no requirement	619
that approximately one-fifth of the agency's rules be assigned a	620
review date during each calendar year of the five-year period but	621
in which all of the agency's rules are assigned a review date	622
during that five-year period. An agency may change the review	623
dates it has assigned to specific rules so long as the agency	624
complies with the five-year time deadline specified in this	625
division.	626

Upon the request of the agency that adopted the rule, the	627
joint committee on agency rule review may extend a review date of	628
a rule to a date that is not later than one hundred eighty days	629
after the original review date assigned to the rule by the agency	630
under this division, division (E)(2) of this section, or section	631
111.15, 119.04, or 4141.14 of the Revised Code. The joint	632
committee may further extend a review date that has been extended	633
under this paragraph if appropriate under the circumstances.	634

(C) Prior to the review date of a rule, the agency that	635
adopted the rule shall review the rule to determine all of the	636
following:	637

(1) Whether the rule should be continued without amendment,	638
be amended, or be rescinded, taking into consideration the	639
purpose, scope, and intent of the statute under which the rule was	640
adopted;	641

(2) Whether the rule needs amendment or rescission to give	642
more flexibility at the local level;	643

(3) Whether the rule needs amendment or rescission to	644
eliminate unnecessary paperwork, or whether the rule incorporates	645
a text or other material by reference and, if so, whether the text	646
or other material incorporated by reference is deposited or	647
displayed as required by section 121.74 of the Revised Code and	648
whether the incorporation by reference meets the standards stated	649
in sections 121.72, 121.75, and 121.76 of the Revised Code;	650

(4) Whether the rule duplicates, overlaps with, or conflicts	651
with other rules.	652

(D) In making the review required under division (C) of this	653
section, the agency shall consider the continued need for the	654
rule, the nature of any complaints or comments received concerning	655
the rule, and any relevant factors that have changed in the	656
subject matter area affected by the rule.	657

(E)(1) On or before the designated review date of a rule,	658
the agency that adopted the rule shall proceed under division	659
(E)(2) or (5) of this section to indicate that the agency has	660
reviewed the rule.	661

(2) If the agency has determined that the rule does not need	662
to be amended or rescinded, the agency shall file all the	663
following, in electronic form, with the joint committee on agency	664
rule review, the secretary of state, and the director of the	665
legislative service commission: a copy of the rule, a statement	666
of the agency's determination, and an accurate rule summary and	667
fiscal analysis for the rule as described in section 127.18 of the	668
Revised Code. The agency shall assign a new review date to the	669
rule, which shall not be later than five years after the rule's	670
immediately preceding review date. After the joint committee has	671
reviewed such a rule for the first time, including any rule that	672
was in effect on September 26, 1996, the agency in its subsequent	673
reviews of the rule may provide the same fiscal analysis it	674
provided to the joint committee during its immediately preceding	675
review of the rule unless any of the conditions described in	676
division (B)(4), (5), (6), (8), (9), or (10) of section 127.18 of	677
the Revised Code, as they relate to the rule, have appreciably	678
changed since the joint committee's immediately preceding review	679
of the rule. If any of these conditions, as they relate to the	680
rule, have appreciably changed, the agency shall provide the joint	681
committee with an updated fiscal analysis for the rule. If no	682
review date is assigned to a rule, or if a review date assigned to	683
a rule exceeds the five-year maximum, the review date for the rule	684
is five years after its immediately preceding review date. The	685
joint committee shall give public notice in the register of Ohio	686
of the agency's determination after receiving a notice from the	687
agency under division (E)(2) of this section. The joint committee	688
shall transmit a copy of the notice in electronic form to the	689
director of the legislative service commission. The director	690
shall publish the notice in the register of Ohio for four	691
consecutive weeks after its receipt.	692

(3) During the ninety-day period following the date the	693
joint committee receives a notice under division (E)(2) of this	694
section but after the four-week period described in division	695
(E)(2) of this section has ended, the joint committee, by a	696
two-thirds vote of the members present, may recommend the adoption	697
of a concurrent resolution invalidating the rule if the joint	698
committee determines that either of the following applies:	699

(a) The agency improperly applied the criteria described in	700
divisions (C) and (D) of this section in reviewing the rule and in	701
recommending its continuance without amendment or rescission.	702

(b) The agency failed to file proper notice with the joint	703
committee regarding the rule, or if the rule incorporates a text	704
or other material by reference, the agency failed to file, or to	705
deposit or display, the text or other material incorporated by	706
reference as required by section 121.73 or 121.74 of the Revised	707
Code or the incorporation by reference fails to meet the standards	708
stated in section 121.72, 121.75, or 121.76 of the Revised Code.	709

(4) If the joint committee does not take the action	710
described in division (E)(3) of this section regarding a rule	711
during the ninety-day period after the date the joint committee	712
receives a notice under division (E)(2) of this section regarding	713
that rule, the rule shall continue in effect without amendment and	714
shall be next reviewed by the joint committee by the date	715
designated by the agency in the notice provided to the joint	716
committee under division (E)(2) of this section.	717

(5) If the agency has determined that a rule reviewed under	718
division (C) of this section needs to be amended or rescinded, the	719
agency, on or before the rule's review date, shall file the rule	720
as amended or rescinded in accordance with section 111.15, 119.03,	721
or 4141.14 of the Revised Code, as applicable.	722

(6) Each agency shall provide the joint committee with a	723
copy of the rules that it has determined are rules described in	724
division (A)(3)(b) of this section. At a time the joint committee	725
designates, each agency shall appear before the joint committee	726
and explain why it has determined that such rules are rules	727
described in division (A)(3)(b) of this section. The joint	728
committee, by a two-thirds vote of the members present, may	729
determine that any of such rules are rules described in division	730
(A)(3)(a) of this section. After the joint committee has made	731
such a determination relating to a rule, the agency shall	732
thereafter treat the rule as a rule described in division	733
(A)(3)(a) of this section.	734

(F) If an agency fails to provide the notice to the joint	735
committee required under division (E)(2) of this section regarding	736
a rule or otherwise fails by the rule's review date to take any	737
action regarding the rule required by this section, the joint	738
committee, by a majority vote of the members present, may	739
recommend the adoption of a concurrent resolution invalidating the	740
rule. The joint committee shall not recommend the adoption of	741
such a resolution until it has afforded the agency the opportunity	742
to appear before the joint committee to show cause why the joint	743
committee should not recommend the adoption of such a resolution	744
regarding that rule.	745

(G) If the joint committee recommends adoption of a	746
concurrent resolution invalidating a rule under division (E)(3) or	747
(F) of this section, the adoption of the concurrent resolution	748
shall be in the manner described in division (I) of section 119.03	749
of the Revised Code.	750

Sec. 121.71. As used in sections 121.71 to 121.76 of the	751
Revised Code:	752

(A) "Agency" means an "agency" as defined in section 111.15	753
or 119.01 of the Revised Code.	754

(B) "Rule" means a new rule or an amendment to an existing	755
rule. "Rule" includes an appendix or an attachment to a rule.	756

Sec. 121.72. An agency incorporates a text or other material	757
into a rule by reference when it states in the rule that a text or	758
other material not contained in the rule is to be treated as if it	759
were contained in the rule. The agency shall explain in the rule	760
how persons who reasonably can be expected to be affected by the	761
rule can obtain copies of the text or other material that has been	762
incorporated by reference. As part of the explanation, the agency	763
shall state whether the incorporated text or other material is or	764
is to be deposited in depository libraries or is or is to be	765
displayed on a web site. If the text or other material	766
incorporated by reference was, is, or reasonably can be expected	767
to be subject to change, the agency, as part of the explanation,	768
shall identify, and specify the date of, the particular edition or	769
other version of the text or other material that is incorporated	770
by reference.	771

Sec. 121.73. As used in this section, "rule" has the same	772
meaning as in section 121.71 of the Revised Code and also includes	773
the rescission of an existing rule.	774

(A) When an agency files the original or a revised version	775
of a rule in proposed form under division (D) of section 111.15 or	776
division (H) of section 119.03, or a rule for review under section	777
119.032 of the Revised Code, that incorporates a text or other	778
material by reference, the agency also shall file in electronic	779
form, one complete and accurate copy of the text or other material	780
incorporated by reference with the joint committee on agency rule	781
review. An agency is not, however, required to file a text or	782
other material incorporated by reference with the joint committee	783
if the agency revises a rule in proposed form that incorporates a	784
text or other material by reference and the incorporation by	785
reference in the revised version of the rule is identical to the	786
incorporation by reference in the preceding version of the rule.	787

If it is infeasible for the agency to file a text or other	788
material incorporated by reference electronically, the agency, as	789
soon as possible, but not later than three days after completing	790
the electronic filing, shall deliver one complete and accurate	791
copy of the text or other material incorporated by reference to	792
the joint committee, and shall attach a memorandum to the text or	793
other material identifying the filing to which it relates.	794

An agency is not required to file a text or other material	795
incorporated by reference into a rule that is proposed for	796
rescission if it is infeasible for the agency to do so.	797

An agency shall not file a copy of a text or other material	798
incorporated by reference with the secretary of state or with the	799
director of the legislative service commission.	800

(B) Upon completing its review of a rule in proposed form,	801
or its review of a rule, that incorporates a text or other	802
material by reference, the joint committee shall forward its copy	803
of the text or other material incorporated by reference to the	804
director of the legislative service commission. The director shall	805
maintain a file of texts and other materials that are or were	806
incorporated by reference into rules.	807

Sec. 121.74. As used in this section, "rule" has the same	808
meaning as in section 121.71 of the Revised Code and also includes	809
the rescission of an existing rule.	810

When an agency files a rule in final form under division	811
(B)(1) of section 111.15, division (A)(1) of section 119.04,	812
division (B)(1) of section 4141.14, or division (A) of section	813
5703.14 of the Revised Code that incorporates or incorporated a	814
text or other material by reference, the agency, prior to the	815
effective date of the rule, shall either:	816

(A) Deposit one complete and accurate copy of the text or	817
other material incorporated by reference in each of the five	818
depository libraries designated by the state library board; or	819

(B) Display a complete and accurate copy of the text or other	820
material incorporated by reference on a web site maintained or	821
made available by the agency.	822

An agency is not required to comply with this section if the	823
text or other material incorporated by reference is identical to a	824
text or other material the agency, at the time compliance with	825
this section otherwise would be required, already is depositing or	826
displaying under this section.	827

Sec. 121.75. Sections 121.71 to 121.74 of the Revised Code do	828
not apply with regard to the incorporation by reference into a	829
rule of any of the following so long as the incorporation by	830
reference consists of a citation that will be intelligible to the	831
persons who reasonably can be expected to be affected by the rule	832
and that, if the incorporated text or other material was, is, or	833
reasonably can be expected to be subject to change, identifies,	834
and specifies the date of, the particular edition or other version	835
that is incorporated:	836

(A) A section of the United States Code;

837

(B) An uncodified federal statute, if it has been appended	838
as a legislative note to a section in the United States Code;	839

(C) An act of this state in the Laws of Ohio or a federal	840
act in the Statutes at Large;	841

(D) A regulation in the Federal Register or Code of Federal	842
Regulations; or	843

(E) A text or other material, including, without limitation,	844
generally accepted industry standards, that is generally available	845
to persons who reasonably can be expected to be affected by the	846
rule.	847

Sec. 121.76. (A) Sections 121.71 to 121.75 of the Revised	848
Code do not apply to the incorporation by reference of:	849

(1) A section of the Revised Code;

850

(2) An uncodified statute of this state; or

851

(3) A rule in the Administrative Code.

852

(B) Sections 121.71 to 121.75 of the Revised Code do not	853
apply to either:	854

(1) An internal management rule as defined in section 111.15	855
of the Revised Code; or	856

(2) A rule insofar as it is necessary to obtain or maintain	857
authorization of a federally delegated program in Ohio, or insofar	858
as it is necessary to maintain compliance with federal	859
requirements in order to receive federal funds for a federally	860
funded program, and, in regard to that authorization or	861
compliance, incorporates a text or other material by reference.	862

It is recommended that a rule exempt from complying with	863
sections 121.71 to 121.75 of the Revised Code under division	864
(B)(2) of this section nevertheless incorporate by reference a	865
particular edition or other version of the text or other material.	866

Sec. 127.18.  (A) As used in this section:

867

(1) "Rule-making agency" has the same meaning as in division	868
(I) of section 119.01 of the Revised Code.	869

(2) "Rule" includes the adoption, amendment, or rescission	870
of a rule.	871

(3) "Proposed rule" means the original version of a proposed	872
rule, and each revised version of the same proposed rule, that is	873
filed with the joint committee on agency rule review under	874
division (D) of section 111.15 or division (H) of section 119.03	875
of the Revised Code.	876

(B) A rule-making agency shall prepare, in the form	877
prescribed by the joint committee on agency rule review under	878
division (E) of this section, a complete and accurate rule summary	879
and fiscal analysis of each proposed rule that it files under	880
division (D) of section 111.15 or division (H) of section 119.03	881
of the Revised Code. The rule summary and fiscal analysis shall	882
include all of the following information:	883

(1) The name, address, and telephone number of the	884
rule-making agency, and the name and telephone number of an	885
individual or office within the agency designated by that agency	886
to be responsible for coordinating and making available	887
information in the possession of the agency regarding the proposed	888
rule;	889

(2) The Ohio administrative codeAdministrative Code rule	890
number of the proposed rule;	891

(3) A brief summary of, and the legal basis for, the	892
proposed rule, including citations identifying the statute that	893
prescribes the procedure in accordance with which the rule-making	894
agency is required to adopt the proposed rule, the statute that	895
authorizes the agency to adopt the proposed rule, and the statute	896
that the agency intends to amplify or implement by adopting the	897
proposed rule;	898

(4) An estimate, in dollars, of the amount by which the	899
proposed rule would increase or decrease revenues or expenditures	900
during the current biennium;	901

(5) A citation identifying the appropriation that authorizes	902
each expenditure that would be necessitated by the proposed rule;	903

(6) A summary of the estimated cost of compliance with the	904
rule to all directly affected persons;	905

(7) The reasons why the rule is being proposed;

906

(8) If the rule has a fiscal effect on school districts,	907
counties, townships, or municipal corporations, an estimate in	908
dollars of the cost of compliance with the rule, or, if dollar	909
amounts cannot be determined, a written explanation of why it was	910
not possible to ascertain dollar amounts;	911

(9) If the rule has a fiscal effect on school districts,	912
counties, townships, or municipal corporations and is the result	913
of a federal requirement, a clear explanation that the proposed	914
state rule does not exceed the scope and intent of the	915
requirement, or, if the state rule does exceed the minimum	916
necessary federal requirement, a justification of the excess cost,	917
and an estimate of the costs, including those costs for local	918
governments, exceeding the federal requirement;	919

(10) If the rule has a fiscal effect on school districts,	920
counties, townships, or municipal corporations, a comprehensive	921
cost estimate that includes the procedure and method of	922
calculating the costs of compliance and identifies major cost	923
categories including personnel costs, new equipment or other	924
capital costs, operating costs, and indirect central service costs	925
related to the rule. The fiscal analysis shall also include a	926
written explanation of the agency's and the affected local	927
government's ability to pay for the new requirements and a	928
statement of any impact the rule will have on economic	929
development.	930

(11) If the rule incorporates a text or other material by	931
reference, and the agency claims the incorporation by reference is	932
exempt from compliance with sections 121.71 to 121.74 of the	933
Revised Code because the text or other material is generally	934
available to persons who reasonably can be expected to be affected	935
by the rule, an explanation of how the text or other material is	936
generally available to those persons;	937

(12) If the rule incorporates a text or other material by	938
reference, and it was infeasible for the agency to file the text	939
or other material electronically, an explanation of why filing the	940
text or other material electronically was infeasible;	941

(13) If the rule is being rescinded and incorporates a text	942
or other material by reference, and it was infeasible for the	943
agency to file the text or other material, an explanation of why	944
filing the text or other material was infeasible;	945

(14) Any other information the joint committee on agency rule	946
review considers necessary to make the proposed rule or the fiscal	947
effect of the proposed rule fully understandable.	948

(C) The rule-making agency shall file the rule summary and	949
fiscal analysis in electronic form along with the proposed rule	950
that it files under divisions (D) and (E) of section 111.15 or	951
divisions (B) and (H) of section 119.03 of the Revised Code. The	952
joint committee on agency rule review shall not accept any	953
proposed rule for filing unless a copy of the rule summary and	954
fiscal analysis of the proposed rule, completely and accurately	955
prepared, is filed along with the proposed rule.	956

(D) The joint committee on agency rule review shall review	957
the fiscal effect of each proposed rule that is filed under	958
division (D) of section 111.15 or division (H) of section 119.03	959
of the Revised Code.	960

(E) The joint committee on agency rule review shall	961
prescribe the form in which each rule-making agency shall prepare	962
its rule summary and fiscal analysis of a proposed rule.	963

(F) This section does not require the auditor of state or	964
the auditor of state's designee to prepare or attach a rule	965
summary and fiscal analysis to any copy of a rule proposed under	966
section 117.12, 117.19, 117.38, or 117.43 of the Revised Code.	967

Sec. 3375.01.  A state library board is hereby created to be	968
composed of five members to be appointed by the state board of	969
education. One member shall be appointed each year for a term of	970
five years. No one is eligible to membership on the state library	971
board who is or has been for a year previous to his appointment a	972
member of the state board of education. A member of the state	973
library board shall not during histhe member's term of office be	974
a member of the board of library trustees for any library in any	975
subdivision in the state. Before entering on theofficial duties	976
of his appointment, each member shall subscribe to the official	977
oath of office. All vacancies on the state library board shall be	978
filled by the state board of education by appointment for the	979
unexpired term. The members shall receive no compensation, but	980
shall be paid their actual and necessary expenses incurred in the	981
performance of their duties or in the conduct of authorized board	982
business, within or without the state.	983

At its regular meeting next prior to the beginning of each	984
fiscal biennium the state library board shall elect a president	985
and vice-president each of whom shall serve for two years or until	986
hisa successor is elected and qualified.	987

The state library board is responsible for the state library	988
of Ohio and a statewide program of development and coordination of	989
library services, and its powers include the following:	990

(A) Maintain the state library, holding custody of books,	991
periodicals, pamphlets, films, recordings, papers, and other	992
materials and equipment. The board may purchase or procure from	993
an insurance company licensed to do business in this state	994
policies of insurance insuring the members of the board and the	995
officers, employees, and agents of the state library against	996
liability on account of damage or injury to persons or property	997
resulting from any act or omission of the board members, officers,	998
employees, and agents of the state library in their official	999
capacity.	1000

(B) Accept, receive, administer, and expend, in accordance	1001
with the terms thereof, any moneys, materials, or other aid	1002
granted, appropriated, or made available to it for library	1003
purposes, by the United States, or any of its agencies, or by any	1004
other source, public or private;	1005

(C) Administer such funds as the general assembly may make	1006
available to it for the improvement of public library services,	1007
interlibrary cooperation, or for other library purposes;	1008

(D) Contract with other agencies, organizations, libraries,	1009
library schools, boards of education, universities, public and	1010
private, within or without the state, for library services,	1011
facilities, research, or any allied or related purpose;	1012

(E) In accordance with Chapter 119. of the Revised Code,	1013
approve, disapprove, or modify resolutions for establishment of	1014
county district libraries, and approve, disapprove, or modify	1015
resolutions to determine the boundaries of such districts, along	1016
county lines or otherwise, and approve, disapprove, or modify	1017
resolutions to redefine boundaries, along county lines or	1018
otherwise, where questions subsequently arise as a result of	1019
school district consolidations;	1020

(F) Upon consolidation of two or more school districts and	1021
in accordance with Chapter 119. of the Revised Code, to define and	1022
adjust the boundaries of the new public library district resulting	1023
from such consolidation and to resolve any disputes or questions	1024
pertaining to the boundaries, organization, and operation of the	1025
new library district;	1026

(G) Upon application of one or more boards of library	1027
trustees and in accordance with Chapter 119. of the Revised Code,	1028
to amend, define, and adjust the boundaries of the library	1029
districts making such application and the boundaries of adjacent	1030
library districts. A library district boundary change made by the	1031
state library board pursuant to this division shall take effect	1032
sixty days after the day on which two certified copies of the	1033
boundary change order in final form are filed on the same date	1034
with the secretary of state and with the director of the	1035
legislative service commission unless a referendum petition is	1036
filed pursuant to section 3375.03 of the Revised Code.	1037

(H) Certify its actions relating to boundaries authorized in	1038
this section, to boards of election, taxing authorities, the	1039
boards of trustees of libraries affected and other appropriate	1040
bodies;	1041

(I) Encourage and assist the efforts of libraries and local	1042
governments to develop mutual and cooperative solutions to library	1043
service problems;	1044

(J) Designate by rule five depository libraries so as to	1045
provide statewide, geographically distributed accessibility to	1046
agency deposits of texts or other materials that have been	1047
incorporated by reference into rules;	1048

(K) Recommend to the governor and to the general assembly	1049
such changes in the law as will strengthen and improve library	1050
services and operations;	1051

(K)(L) In accordance with Chapter 119. of the Revised Code,	1052
adopt such rules as are necessary for the carrying out of any	1053
function imposed on it by law, and provide such rules as are	1054
necessary for its government and the government of its employees.	1055
The board may delegate to the state librarian the management and	1056
administration of any function imposed on it by law.	1057

Section 2. That existing sections 111.15, 119.03, 119.032,	1058
127.18, and 3375.01 of the Revised Code are hereby repealed.	1059

Section 3. (A)(1) Except as otherwise provided in division	1060
(A)(2) of this section, sections 111.15, 119.03, and 119.032, as	1061
amended by this act, and sections 121.71, 121.72, 121.73, 121.74,	1062
121.75, and 121.76 of the Revised Code first apply one month after	1063
the effective date of this act. The State Library Board shall use	1064
the emergency rule-making procedure of division (F) of section	1065
119.03 of the Revised Code to designate depository libraries under	1066
division (J) of section 3375.01 of the Revised Code in	1067
anticipation of section 121.74 of the Revised Code becoming first	1068
applicable.	1069

(2) The amendment by this act to division (F) of section	1070
119.03 of the Revised Code first applies on the effective date of	1071
this act.	1072

(B) As used in Sections 4, 5, 6, and 7 of this act, "date of	1073
first applicability" means the date of first applicability	1074
specified in division (A)(1) of this section.	1075

Section 4. As used in this section, "rule" means a new rule	1076
or the amendment of an existing rule.	1077

(A) If, on the date of first applicability, an agency has a	1078
proposed rule that incorporates a text or other material by	1079
reference pending in a rule-making proceeding, the agency is not	1080
required to revise the proposed rule solely to bring the	1081
incorporation by reference into compliance with the standards	1082
stated in sections 121.72, 121.75, and 121.76 of the Revised Code.	1083
But if the agency on or after the date of first applicability	1084
otherwise revises the proposed rule, the agency shall ensure the	1085
incorporation by reference meets the standards stated in sections	1086
121.72, 121.75, and 121.76 of the Revised Code, and shall file,	1087
and eventually deposit or display, the text or other material	1088
incorporated by reference as required by sections 121.73 and	1089
121.74 of the Revised Code.	1090

(B) An agency may adopt and file in final form a proposed	1091
rule that, on the date of first applicability, incorporates a text	1092
or other material by reference, is pending in a rule-making	1093
proceeding, and is not on or after the date of first applicability	1094
otherwise revised. The agency is not required to have filed, or	1095
to deposit or display, the text or other material incorporated by	1096
reference as required by section 121.73 or 121.74 of the Revised	1097
Code, and the incorporation by reference is not required to meet	1098
the standards stated in sections 121.72, 121.75, and 121.76 of the	1099
Revised Code. So long as all other applicable rule-making	1100
procedures have been complied with, the rule as adopted and filed	1101
in final form is ratified. Sections 121.71 to 121.76 of the	1102
Revised Code first apply with regard to the incorporation by	1103
reference when the rule is next amended or next reviewed under	1104
section 119.032 of the Revised Code.	1105

Section 5. As used in this section, "rule" means a new rule	1106
or the amendment of an existing rule.	1107

A rule that incorporates a text or other material by	1108
reference and that is effective, or that has been adopted and	1109
filed in final form, on or before the date of first applicability,	1110
is ratified. The adopting agency is not required to amend the rule	1111
solely to bring the incorporation by reference into compliance	1112
with the standards stated in sections 121.72, 121.75, and 121.76	1113
of the Revised Code and is not required to deposit or display the	1114
text or other material incorporated by reference as required by	1115
section 121.74 of the Revised Code. But when the rule is next	1116
otherwise amended, or next otherwise reviewed under section	1117
119.032 of the Revised Code, the agency shall ensure that the	1118
incorporation by reference meets the standards stated in sections	1119
121.72, 121.75, and 121.76 of the Revised Code, and that the text	1120
or other material incorporated by reference is filed, and	1121
eventually deposited or displayed, as required by sections 121.73	1122
and 121.74 of the Revised Code.	1123

Section 6. As used in this section, except where context	1124
refers to a pre-existing rule, "rule" means the rescission of an	1125
existing rule.	1126

(A)(1)(a) If, on the date of first applicability, an agency	1127
has a proposed rescission of a rule that incorporates a text or	1128
other material by reference pending in a rule-making proceeding,	1129
the agency is not required to file the incorporated text or other	1130
material as required by section 121.73 of the Revised Code. But	1131
if the agency on or after the date of first applicability	1132
otherwise revises the proposed rescission, the agency shall file,	1133
and eventually deposit or display, the incorporated text or other	1134
material as required by sections 121.73 and 121.74 of the Revised	1135
Code.	1136

(b) An agency may adopt and file in final form a proposed	1137
rescission of a rule that on the date of first applicability	1138
incorporates a text or other material by reference, is pending in	1139
a rule-making proceeding, and is not on or after the date of first	1140
applicability otherwise revised. The agency is not required to	1141
have filed, or to deposit or display, the text or other material	1142
incorporated by reference as required by section 121.73 or 121.74	1143
of the Revised Code. So long as all other applicable rule-making	1144
procedures have been complied with, rescission of the rule is	1145
ratified.	1146

(2) A rescission of a rule that incorporates a text or other	1147
material by reference that has been adopted and filed in final	1148
form on or before the date of first applicability is ratified. The	1149
adopting agency is not required to have filed, or to deposit or	1150
display, the incorporated text or other material as required by	1151
section 121.73 or 121.74 of the Revised Code.	1152

(3) If an agency rescinds a rule subject to division (B) of	1153
Section 4 or to Section 5 of this act that is not amended or	1154
reviewed after the date of first applicability as contemplated by	1155
those sections, the agency shall file the incorporated text or	1156
other material as required by section 121.73 of the Revised Code	1157
and shall deposit or display the incorporated text or other	1158
material as required by section 121.74 of the Revised Code.	1159

(B) A rescinded rule as contemplated by division (A)(1)(b),	1160
(2), or (3) of this section that, while previously effective,	1161
incorporated a text or other material by reference without	1162
conforming in essence to what sections 121.71 to 121.76 of the	1163
Revised Code provide, is ratified insofar as the incorporation by	1164
reference might raise a question of the rule's validity as applied	1165
to facts occurring while the rule was effective.	1166

Section 7.  As used in this section, "rule" means a	1167
pre-existing rule that has been rescinded, or a provision,	1168
formerly part of an existing rule, that has been removed from the	1169
existing rule by amendment.	1170

A previously effective rule or version of a rule, not	1171
effective on the date of first applicability, that, while	1172
previously effective, incorporated a text or other material by	1173
reference without conforming in essence to what sections 121.71 to	1174
121.76 of the Revised Code in future would provide, is ratified	1175
insofar as the incorporation by reference might raise a question	1176
of the rule's or version's validity as applied to facts occurring	1177
while the rule or version previously was effective.	1178

This section is cumulative to Section 59 of Am. Sub. H.B. 524	1179
of the 124th General Assembly, and is a remedial law as that term	1180
is used in section 1.11 of the Revised Code.	1181

Section 8. Section 111.15 of the Revised Code is presented in	1182
this act as a composite of the section as amended by both Sub.	1183
H.B. 386 and Am. Sub. S.B. 138 of the 124th General Assembly. The	1184
General Assembly, applying the principle stated in division (B) of	1185
section 1.52 of the Revised Code that amendments are to be	1186
harmonized if reasonably capable of simultaneous operation, finds	1187
that the composite is the resulting version of the section in	1188
effect prior to the effective date of the section as presented in	1189
this act.	1190