As Passed by the House

127th General Assembly Regular Session 2007-2008

Am. H. B. No. 286

Representatives Sykes, Batchelder 

Cosponsors: Representatives Celeste, Luckie, Collier, Bacon, Webster, Strahorn, Williams, S., Healy, Evans, Harwood, Huffman, Fessler, Otterman, Brown, Mallory, Schindel, Daniels, Stewart, D., Domenick, Flowers, Blessing, Boyd, Budish, Chandler, Combs, DeBose, Dyer, Foley, Gerberry, Gibbs, Goyal, Hagan, J., Hagan, R., Heard, Hughes, Letson, McGregor, J., McGregor, R., Oelslager, Setzer, Skindell, Slesnick, Szollosi, Yates, Yuko 

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A BILL

To amend sections 119.03 and 3519.01 of the Revised

1

Code to require the committee named in an

2

initiative petition to file, at the time the

3

petition is filed, a statement identifying the

4

petitioner's intent in proposing the initiated

5

statute or constitutional amendment and to permit

6

the Joint Committee on Agency Rule Review to

7

recommend that a proposed rule be invalidated if

8

the proposed rule conflicts with the petitioners'

9

intent in adopting the statute or constitutional

10

amendment on which the rule is based.

11

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

Section 1. That sections 119.03 and 3519.01 of the Revised	12
Code be amended to read as follows:	13

Sec. 119.03.  In the adoption, amendment, or rescission of	14
any rule, an agency shall comply with the following procedure:	15

(A) Reasonable public notice shall be given in the register	16
of Ohio at least thirty days prior to the date set for a hearing,	17
in the form the agency determines. The agency shall file copies of	18
the public notice under division (B) of this section. (The agency	19
gives public notice in the register of Ohio when the public notice	20
is published in the register under that division.)	21

The public notice shall include:

22

(1) A statement of the agency's intention to consider	23
adopting, amending, or rescinding a rule;	24

(2) A synopsis of the proposed rule, amendment, or rule to be	25
rescinded or a general statement of the subject matter to which	26
the proposed rule, amendment, or rescission relates;	27

(3) A statement of the reason or purpose for adopting,	28
amending, or rescinding the rule;	29

(4) The date, time, and place of a hearing on the proposed	30
action, which shall be not earlier than the thirty-first nor later	31
than the fortieth day after the proposed rule, amendment, or	32
rescission is filed under division (B) of this section.	33

In addition to public notice given in the register of Ohio,	34
the agency may give whatever other notice it reasonably considers	35
necessary to ensure notice constructively is given to all persons	36
who are subject to or affected by the proposed rule, amendment, or	37
rescission.	38

The agency shall provide a copy of the public notice required	39
under division (A) of this section to any person who requests it	40
and pays a reasonable fee, not to exceed the cost of copying and	41
mailing.	42

(B) The full text of the proposed rule, amendment, or rule to	43
be rescinded, accompanied by the public notice required under	44
division (A) of this section, shall be filed in electronic form	45
with the secretary of state and with the director of the	46
legislative service commission. (If in compliance with this	47
division an agency files more than one proposed rule, amendment,	48
or rescission at the same time, and has prepared a public notice	49
under division (A) of this section that applies to more than one	50
of the proposed rules, amendments, or rescissions, the agency	51
shall file only one notice with the secretary of state and with	52
the director for all of the proposed rules, amendments, or	53
rescissions to which the notice applies.) The proposed rule,	54
amendment, or rescission and public notice shall be filed as	55
required by this division at least sixty-five days prior to the	56
date on which the agency, in accordance with division (D) of this	57
section, issues an order adopting the proposed rule, amendment, or	58
rescission.	59

If the proposed rule, amendment, or rescission incorporates a	60
text or other material by reference, the agency shall comply with	61
sections 121.71 to 121.76 of the Revised Code.	62

The proposed rule, amendment, or rescission shall be	63
available for at least thirty days prior to the date of the	64
hearing at the office of the agency in printed or other legible	65
form without charge to any person affected by the proposal.	66
Failure to furnish such text to any person requesting it shall not	67
invalidate any action of the agency in connection therewith.	68

If the agency files a substantive revision in the text of the	69
proposed rule, amendment, or rescission under division (H) of this	70
section, it shall also promptly file the full text of the proposed	71
rule, amendment, or rescission in its revised form in electronic	72
form with the secretary of state and with the director of the	73
legislative service commission.	74

The agency shall file the rule summary and fiscal analysis	75
prepared under section 121.24 or 127.18 of the Revised Code, or	76
both, in electronic form along with a proposed rule, amendment, or	77
rescission or proposed rule, amendment, or rescission in revised	78
form that is filed with the secretary of state or the director of	79
the legislative service commission.	80

The director of the legislative service commission shall	81
publish in the register of Ohio the full text of the original and	82
each revised version of a proposed rule, amendment, or rescission;	83
the full text of a public notice; and the full text of a rule	84
summary and fiscal analysis that is filed with the director under	85
this division.	86

(C) On the date and at the time and place designated in the	87
notice, the agency shall conduct a public hearing at which any	88
person affected by the proposed action of the agency may appear	89
and be heard in person, by the person's attorney, or both, may	90
present the person's position, arguments, or contentions, orally	91
or in writing, offer and examine witnesses, and present evidence	92
tending to show that the proposed rule, amendment, or rescission,	93
if adopted or effectuated, will be unreasonable or unlawful. An	94
agency may permit persons affected by the proposed rule,	95
amendment, or rescission to present their positions, arguments, or	96
contentions in writing, not only at the hearing, but also for a	97
reasonable period before, after, or both before and after the	98
hearing. A person who presents a position or arguments or	99
contentions in writing before or after the hearing is not required	100
to appear at the hearing.	101

At the hearing, the testimony shall be recorded. Such record	102
shall be made at the expense of the agency. The agency is	103
required to transcribe a record that is not sight readable only if	104
a person requests transcription of all or part of the record and	105
agrees to reimburse the agency for the costs of the transcription.	106
An agency may require the person to pay in advance all or part of	107
the cost of the transcription.	108

In any hearing under this section the agency may administer	109
oaths or affirmations.	110

(D) After complying with divisions (A), (B), (C), and (H) of	111
this section, and when the time for legislative review and	112
invalidation under division (I) of this section has expired, the	113
agency may issue an order adopting the proposed rule or the	114
proposed amendment or rescission of the rule, consistent with the	115
synopsis or general statement included in the public notice. At	116
that time the agency shall designate the effective date of the	117
rule, amendment, or rescission, which shall not be earlier than	118
the tenth day after the rule, amendment, or rescission has been	119
filed in its final form as provided in section 119.04 of the	120
Revised Code.	121

(E) Prior to the effective date of a rule, amendment, or	122
rescission, the agency shall make a reasonable effort to inform	123
those affected by the rule, amendment, or rescission and to have	124
available for distribution to those requesting it the full text of	125
the rule as adopted or as amended.	126

(F) If the governor, upon the request of an agency,	127
determines that an emergency requires the immediate adoption,	128
amendment, or rescission of a rule, the governor shall issue an	129
order, the text of which shall be filed in electronic form with	130
the agency, the secretary of state, the director of the	131
legislative service commission, and the joint committee on agency	132
rule review, that the procedure prescribed by this section with	133
respect to the adoption, amendment, or rescission of a specified	134
rule is suspended. The agency may then adopt immediately the	135
emergency rule, amendment, or rescission and it becomes effective	136
on the date the rule, amendment, or rescission, in final form and	137
in compliance with division (A)(2) of section 119.04 of the	138
Revised Code, areis filed in electronic form with the secretary	139
of state, the director of the legislative service commission, and	140
the joint committee on agency rule review. If all filings are not	141
completed on the same day, the emergency rule, amendment, or	142
rescission shall be effective on the day on which the latest	143
filing is completed. The director shall publish the full text of	144
the emergency rule, amendment, or rescission in the register of	145
Ohio.	146

The emergency rule, amendment, or rescission shall become	147
invalid at the end of the ninetieth day it is in effect. Prior to	148
that date the agency may adopt the emergency rule, amendment, or	149
rescission as a nonemergency rule, amendment, or rescission by	150
complying with the procedure prescribed by this section for the	151
adoption, amendment, and rescission of nonemergency rules. The	152
agency shall not use the procedure of this division to readopt the	153
emergency rule, amendment, or rescission so that, upon the	154
emergency rule, amendment, or rescission becoming invalid under	155
this division, the emergency rule, amendment, or rescission will	156
continue in effect without interruption for another ninety-day	157
period, except when division (I)(2)(a) of this section prevents	158
the agency from adopting the emergency rule, amendment, or	159
rescission as a nonemergency rule, amendment, or rescission within	160
the ninety-day period.	161

This division does not apply to the adoption of any emergency	162
rule, amendment, or rescission by the tax commissioner under	163
division (C)(2) of section 5117.02 of the Revised Code.	164

(G) Rules adopted by an authority within the department of	165
job and family services for the administration or enforcement of	166
Chapter 4141. of the Revised Code or of the department of taxation	167
shall be effective without a hearing as provided by this section	168
if the statutes pertaining to such agency specifically give a	169
right of appeal to the board of tax appeals or to a higher	170
authority within the agency or to a court, and also give the	171
appellant a right to a hearing on such appeal. This division does	172
not apply to the adoption of any rule, amendment, or rescission by	173
the tax commissioner under division (C)(1) or (2) of section	174
5117.02 of the Revised Code, or deny the right to file an action	175
for declaratory judgment as provided in Chapter 2721. of the	176
Revised Code from the decision of the board of tax appeals or of	177
the higher authority within such agency.	178

(H) When any agency files a proposed rule, amendment, or	179
rescission under division (B) of this section, it shall also file	180
in electronic form with the joint committee on agency rule review	181
the full text of the proposed rule, amendment, or rule to be	182
rescinded in the same form and the public notice required under	183
division (A) of this section. (If in compliance with this division	184
an agency files more than one proposed rule, amendment, or	185
rescission at the same time, and has given a public notice under	186
division (A) of this section that applies to more than one of the	187
proposed rules, amendments, or rescissions, the agency shall file	188
only one notice with the joint committee for all of the proposed	189
rules, amendments, or rescissions to which the notice applies.) If	190
the agency makes a substantive revision in a proposed rule,	191
amendment, or rescission after it is filed with the joint	192
committee, the agency shall promptly file the full text of the	193
proposed rule, amendment, or rescission in its revised form in	194
electronic form with the joint committee. The latest version of a	195
proposed rule, amendment, or rescission as filed with the joint	196
committee supersedes each earlier version of the text of the same	197
proposed rule, amendment, or rescission. An agency shall file the	198
rule summary and fiscal analysis prepared under section 121.24 or	199
127.18 of the Revised Code, or both, in electronic form along with	200
a proposed rule, amendment, or rescission, and along with a	201
proposed rule, amendment, or rescission in revised form, that is	202
filed under this division.	203

This division does not apply to:

204

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

205

(2) Any proposed rule, amendment, or rescission that must be	206
adopted verbatim by an agency pursuant to federal law or rule, to	207
become effective within sixty days of adoption, in order to	208
continue the operation of a federally reimbursed program in this	209
state, so long as the proposed rule contains both of the	210
following:	211

(a) A statement that it is proposed for the purpose of	212
complying with a federal law or rule;	213

(b) A citation to the federal law or rule that requires	214
verbatim compliance.	215

If a rule or amendment is exempt from legislative review	216
under division (H)(2) of this section, and if the federal law or	217
rule pursuant to which the rule or amendment was adopted expires,	218
is repealed or rescinded, or otherwise terminates, the rule or	219
amendment, or its rescission, is thereafter subject to legislative	220
review under division (H) of this section.	221

(I)(1) The joint committee on agency rule review may	222
recommend the adoption of a concurrent resolution invalidating a	223
proposed rule, amendment, rescission, or part thereof if it finds	224
any of the following:	225

(a) That the rule-making agency has exceeded the scope of its	226
statutory authority in proposing the rule, amendment, or	227
rescission;	228

(b) That the proposed rule, amendment, or rescission	229
conflicts with another rule, amendment, or rescission adopted by	230
the same or a different rule-making agency;	231

(c) That the proposed rule, amendment, or rescission	232
conflicts with the legislative intent in enacting the statute	233
under which the rule-making agency proposed the rule, amendment,	234
or rescission, if the statute was enacted by the general assembly;	235

(d), or, that the proposed rule, amendment, or rescission	236
conflicts with the petitioners' intent in enacting the statute or	237
constitutional amendment under which the rule-making agency	238
proposed the rule, amendment, or rescission, if the statute or	239
constitutional amendment was enacted by initiative under Section	240
1a or 1b of Article II of the Ohio Constitution;	241

(d) That the rule-making agency has failed to prepare a	242
complete and accurate rule summary and fiscal analysis of the	243
proposed rule, amendment, or rescission as required by section	244
121.24 or 127.18 of the Revised Code, or both, or that the	245
proposed rule, amendment, or rescission incorporates a text or	246
other material by reference and either the rule-making agency has	247
failed to file the text or other material incorporated by	248
reference as required by section 121.73 of the Revised Code or, in	249
the case of a proposed rule or amendment, the incorporation by	250
reference fails to meet the standards stated in section 121.72,	251
121.75, or 121.76 of the Revised Code.	252

The joint committee shall not hold its public hearing on a	253
proposed rule, amendment, or rescission earlier than the	254
forty-first day after the original version of the proposed rule,	255
amendment, or rescission was filed with the joint committee.	256

The house of representatives and senate may adopt a	257
concurrent resolution invalidating a proposed rule, amendment,	258
rescission, or part thereof. The concurrent resolution shall state	259
which of the specific rules, amendments, rescissions, or parts	260
thereof are invalidated. A concurrent resolution invalidating a	261
proposed rule, amendment, or rescission shall be adopted not later	262
than the sixty-fifth day after the original version of the text of	263
the proposed rule, amendment, or rescission is filed with the	264
joint committee, except that if more than thirty-five days after	265
the original version is filed the rule-making agency either files	266
a revised version of the text of the proposed rule, amendment, or	267
rescission, or revises the rule summary and fiscal analysis in	268
accordance with division (I)(4) of this section, a concurrent	269
resolution invalidating the proposed rule, amendment, or	270
rescission shall be adopted not later than the thirtieth day after	271
the revised version of the proposed rule or rule summary and	272
fiscal analysis is filed. If, after the joint committee on agency	273
rule review recommends the adoption of a concurrent resolution	274
invalidating a proposed rule, amendment, rescission, or part	275
thereof, the house of representatives or senate does not, within	276
the time remaining for adoption of the concurrent resolution, hold	277
five floor sessions at which its journal records a roll call vote	278
disclosing a sufficient number of members in attendance to pass a	279
bill, the time within which that house may adopt the concurrent	280
resolution is extended until it has held five such floor sessions.	281

Within five days after the adoption of a concurrent	282
resolution invalidating a proposed rule, amendment, rescission, or	283
part thereof, the clerk of the senate shall send the rule-making	284
agency, the secretary of state, and the director of the	285
legislative service commission in electronic form a certified text	286
of the resolution together with a certification stating the date	287
on which the resolution takes effect. The secretary of state and	288
the director of the legislative service commission shall each note	289
the invalidity of the proposed rule, amendment, rescission, or	290
part thereof, and shall each remove the invalid proposed rule,	291
amendment, rescission, or part thereof from the file of proposed	292
rules. The rule-making agency shall not proceed to adopt in	293
accordance with division (D) of this section, or to file in	294
accordance with division (B)(1) of section 111.15 of the Revised	295
Code, any version of a proposed rule, amendment, rescission, or	296
part thereof that has been invalidated by concurrent resolution.	297

Unless the house of representatives and senate adopt a	298
concurrent resolution invalidating a proposed rule, amendment,	299
rescission, or part thereof within the time specified by this	300
division, the rule-making agency may proceed to adopt in	301
accordance with division (D) of this section, or to file in	302
accordance with division (B)(1) of section 111.15 of the Revised	303
Code, the latest version of the proposed rule, amendment, or	304
rescission as filed with the joint committee. If by concurrent	305
resolution certain of the rules, amendments, rescissions, or parts	306
thereof are specifically invalidated, the rule-making agency may	307
proceed to adopt, in accordance with division (D) of this section,	308
or to file in accordance with division (B)(1) of section 111.15 of	309
the Revised Code, the latest version of the proposed rules,	310
amendments, rescissions, or parts thereof as filed with the joint	311
committee that are not specifically invalidated. The rule-making	312
agency may not revise or amend any proposed rule, amendment,	313
rescission, or part thereof that has not been invalidated except	314
as provided in this chapter or in section 111.15 of the Revised	315
Code.	316

(2)(a) A proposed rule, amendment, or rescission that is	317
filed with the joint committee under division (H) of this section	318
or division (D) of section 111.15 of the Revised Code shall be	319
carried over for legislative review to the next succeeding regular	320
session of the general assembly if the original or any revised	321
version of the proposed rule, amendment, or rescission is filed	322
with the joint committee on or after the first day of December of	323
any year.	324

(b) The latest version of any proposed rule, amendment, or	325
rescission that is subject to division (I)(2)(a) of this section,	326
as filed with the joint committee, is subject to legislative	327
review and invalidation in the next succeeding regular session of	328
the general assembly in the same manner as if it were the original	329
version of a proposed rule, amendment, or rescission that had been	330
filed with the joint committee for the first time on the first day	331
of the session. A rule-making agency shall not adopt in accordance	332
with division (D) of this section, or file in accordance with	333
division (B)(1) of section 111.15 of the Revised Code, any version	334
of a proposed rule, amendment, or rescission that is subject to	335
division (I)(2)(a) of this section until the time for legislative	336
review and invalidation, as contemplated by division (I)(2)(b) of	337
this section, has expired.	338

(3) Invalidation of any version of a proposed rule,	339
amendment, rescission, or part thereof by concurrent resolution	340
shall prevent the rule-making agency from instituting or	341
continuing proceedings to adopt any version of the same proposed	342
rule, amendment, rescission, or part thereof for the duration of	343
the general assembly that invalidated the proposed rule,	344
amendment, rescission, or part thereof unless the same general	345
assembly adopts a concurrent resolution permitting the rule-making	346
agency to institute or continue such proceedings.	347

The failure of the general assembly to invalidate a proposed	348
rule, amendment, rescission, or part thereof under this section	349
shall not be construed as a ratification of the lawfulness or	350
reasonableness of the proposed rule, amendment, rescission, or any	351
part thereof or of the validity of the procedure by which the	352
proposed rule, amendment, rescission, or any part thereof was	353
proposed or adopted.	354

(4) In lieu of recommending a concurrent resolution to	355
invalidate a proposed rule, amendment, rescission, or part thereof	356
because the rule-making agency has failed to prepare a complete	357
and accurate fiscal analysis, the joint committee on agency rule	358
review may issue, on a one-time basis, for rules, amendments,	359
rescissions, or parts thereof that have a fiscal effect on school	360
districts, counties, townships, or municipal corporations, a	361
finding that the rule summary and fiscal analysis is incomplete or	362
inaccurate and order the rule-making agency to revise the rule	363
summary and fiscal analysis and refile it with the proposed rule,	364
amendment, rescission, or part thereof. If an emergency rule is	365
filed as a nonemergency rule before the end of the ninetieth day	366
of the emergency rule's effectiveness, and the joint committee	367
issues a finding and orders the rule-making agency to refile under	368
division (I)(4) of this section, the governor may also issue an	369
order stating that the emergency rule shall remain in effect for	370
an additional sixty days after the ninetieth day of the emergency	371
rule's effectiveness. The governor's orders shall be filed in	372
accordance with division (F) of this section. The joint committee	373
shall send in electronic form to the rule-making agency, the	374
secretary of state, and the director of the legislative service	375
commission a certified text of the finding and order to revise the	376
rule summary and fiscal analysis, which shall take immediate	377
effect.	378

An order issued under division (I)(4) of this section shall	379
prevent the rule-making agency from instituting or continuing	380
proceedings to adopt any version of the proposed rule, amendment,	381
rescission, or part thereof until the rule-making agency revises	382
the rule summary and fiscal analysis and refiles it in electronic	383
form with the joint committee along with the proposed rule,	384
amendment, rescission, or part thereof. If the joint committee	385
finds the rule summary and fiscal analysis to be complete and	386
accurate, the joint committee shall issue a new order noting that	387
the rule-making agency has revised and refiled a complete and	388
accurate rule summary and fiscal analysis. The joint committee	389
shall send in electronic form to the rule-making agency, the	390
secretary of state, and the director of the legislative service	391
commission a certified text of this new order. The secretary of	392
state and the director of the legislative service commission shall	393
each link this order to the proposed rule, amendment, rescission,	394
or part thereof. The rule-making agency may then proceed to adopt	395
in accordance with division (D) of this section, or to file in	396
accordance with division (B)(1) of section 111.15 of the Revised	397
Code, the proposed rule, amendment, rescission, or part thereof	398
that was subject to the finding and order under division (I)(4) of	399
this section. If the joint committee determines that the revised	400
rule summary and fiscal analysis is still inaccurate or	401
incomplete, the joint committee shall recommend the adoption of a	402
concurrent resolution in accordance with division (I)(1) of this	403
section.	404

(J) As used in this section, "petitioners' intent" means the	405
intent of a majority of the members the committee established in	406
section 3519.02 of the Revised Code to represent the petitioners	407
for the applicable initiated statute or constitutional amendment	408
as expressed in the statement of intent filed under section	409
3519.01 of the Revised Code.	410

Sec. 3519.01.  (A) Only one proposal of law or constitutional	411
amendment to be proposed by initiative petition shall be contained	412
in an initiative petition to enable the voters to vote on that	413
proposal separately. A petition shall include the text of any	414
existing statute or constitutional provision that would be amended	415
or repealed if the proposed law or constitutional amendment is	416
adopted.	417

Whoever seeks to propose a law or constitutional amendment by	418
initiative petition shall, by a written petition signed by one	419
thousand qualified electors, submit the proposed law or	420
constitutional amendment and a summary of it to the attorney	421
general for examination. WithinThe petitioners also shall submit	422
with the proposed law or constitutional amendment and summary a	423
statement of intent that specifies the intent of a majority of the	424
members of the committee named in the submitted petition.	425

Within ten days after the receipt of the written petition and	426
the summary of it, the attorney general shall conduct an	427
examination of the summary. If, in the opinion of the attorney	428
general, the summary is a fair and truthful statement of the	429
proposed law or constitutional amendment, the attorney general	430
shall so certify and then forward the submitted petition to the	431
Ohio ballot board for its approval under division (A) of section	432
3505.062 of the Revised Code. If the Ohio ballot board returns the	433
submitted petition to the attorney general with its certification	434
as described in that division, the attorney general shall then	435
file with the secretary of state a verified copy of the proposed	436
law or constitutional amendment together with, its summary and,	437
the attorney general's certification , and the statement of intent	438
filed by the petitioners.	439

Whenever the Ohio ballot board divides an initiative petition	440
into individual petitions containing only proposed law or	441
constitutional amendment under division (A) of section 3505.062 of	442
the Revised Code resulting in the need for the petitioners to	443
resubmit to the attorney general appropriate summaries for each of	444
the individual petitions arising from the board's division of the	445
initiative petition, the attorney general shall review the	446
resubmitted summaries, within ten days after their receipt, to	447
determine if they are a fair and truthful statement of the	448
respective proposed laws or constitutional amendments and, if so,	449
certify them. These resubmissions shall contain no new	450
explanations or arguments but may contain separate statements of	451
intent for each divided petition. Then, the attorney general shall	452
file with the secretary of state a verified copy of each of the	453
proposed laws or constitutional amendments together with, their	454
respective summaries and, the attorney general's certification of	455
each , and the statements of intent filed by the petitioners.	456

(B)(1) Whoever seeks to file a referendum petition against	457
any law, section, or item in any law shall, by a written petition	458
signed by one thousand qualified electors, submit the measure to	459
be referred and a summary of it to the secretary of state and, on	460
the same day or within one business day before or after that day,	461
submit a copy of the petition, measure, and summary to the	462
attorney general.	463

(2) Not later than ten business days after receiving the	464
petition, measure, and summary, the secretary of state shall do	465
both of the following:	466

(a) Have the validity of the signatures on the petition	467
verified;	468

(b) After comparing the text of the measure to be referred	469
with the copy of the enrolled act on file in the secretary of	470
state's office containing the law, section, or item of law,	471
determine whether the text is correct and, if it is, so certify.	472

(3) Not later than ten business days after receiving a copy	473
of the petition, measure, and summary, the attorney general shall	474
examine the summary and, if in the attorney general's opinion, the	475
summary is a fair and truthful statement of the measure to be	476
referred, so certify.	477

(C) Any person who is aggrieved by a certification decision	478
under division (A) or (B) of this section may challenge the	479
certification or failure to certify of the attorney general in the	480
supreme court, which shall have exclusive, original jurisdiction	481
in all challenges of those certification decisions.	482

Section 2.  That existing sections 119.03 and 3519.01 of the	483
Revised Code are hereby repealed.	484