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To amend sections 101.82 and 103.13 and to enact | 1 |
sections 103.35 to 103.39 and 107.036 of the | 2 |
Revised Code to create the Long-range Financial | 3 |
Outlook Council for the purpose of informing the | 4 |
public and the General Assembly about the | 5 |
financial status of the state by studying | 6 |
financial and other conditions and issuing an | 7 |
annual long-range financial outlook report. | 8 |
Section 1. That sections 101.82 and 103.13 be amended and | 9 |
sections 103.35, 103.36, 103.37, 103.38, 103.39, and 107.036 of | 10 |
the Revised Code be enacted to read as follows: | 11 |
Sec. 101.82. As used in sections 101.82 to 101.87 of the | 12 |
Revised Code: | 13 |
(A) "Agency" means any board, commission, committee, or | 14 |
council, or any other similar state public body required to be | 15 |
established pursuant to state statutes for the exercise of any | 16 |
function of state government and to which members are appointed or | 17 |
elected. "Agency" does not include the following: | 18 |
(1) The general assembly, or any commission, committee, or | 19 |
other body composed entirely of members of the general assembly; | 20 |
(2) Any court; | 21 |
(3) Any public body created by or directly pursuant to the | 22 |
constitution of this state; | 23 |
(4) The board of trustees of any institution of higher | 24 |
education financially supported in whole or in part by the state; | 25 |
(5) Any public body that has the authority to issue bonds or | 26 |
notes or that has issued bonds or notes that have not been fully | 27 |
repaid; | 28 |
(6) The public utilities commission of Ohio; | 29 |
(7) The consumers' counsel governing board; | 30 |
(8) The Ohio board of regents; | 31 |
(9) Any state board or commission that has the authority to | 32 |
issue any final adjudicatory order that may be appealed to the | 33 |
court of common pleas under Chapter 119. of the Revised Code; | 34 |
(10) Any board of elections; | 35 |
(11) The board of directors of the Ohio insurance guaranty | 36 |
association and the board of governors of the Ohio fair plan | 37 |
underwriting association; | 38 |
(12) The Ohio public employees deferred compensation board; | 39 |
(13) The Ohio retirement study council; | 40 |
(14) The board of trustees of the Ohio police and fire | 41 |
pension fund, public employees retirement board, school employees | 42 |
retirement board, state highway patrol retirement board, and state | 43 |
teachers retirement board; | 44 |
(15) The industrial commission; | 45 |
(16) The parole board; | 46 |
(17) The board of tax appeals; | 47 |
(18) The controlling board; | 48 |
(19) The release authority of department of youth services; | 49 |
(20) The environmental review appeals commission; | 50 |
(21) The Ohio ethics commission; | 51 |
(22) The Ohio public works commission; | 52 |
(23) The self-insuring employers evaluation board; | 53 |
(24) The state board of deposit; | 54 |
(25) The state employment relations board; | 55 |
(26) The long-range financial outlook council. | 56 |
(B) "Abolish" means to repeal the statutes creating and | 57 |
empowering an agency, remove its personnel, and transfer its | 58 |
records to the department of administrative services pursuant to | 59 |
division (E) of section 149.331 of the Revised Code. | 60 |
(C) "Terminate" means to amend or repeal the statutes | 61 |
creating and empowering an agency, remove its personnel, and | 62 |
reassign its functions and records to another agency or officer | 63 |
designated by the general assembly. | 64 |
(D) "Transfer" means to amend the statutes creating and | 65 |
empowering an agency so that its functions, records, and personnel | 66 |
are conveyed to another agency or officer. | 67 |
(E) "Renew" means to continue an agency, and may include | 68 |
amendment of the statutes creating and empowering the agency, or | 69 |
recommendations for changes in agency operation or personnel. | 70 |
Sec. 103.13. The Ohio legislative service commission shall: | 71 |
(A) Conduct research, make investigations, and secure | 72 |
information or data on any subject and make reports thereon to the | 73 |
general assembly; | 74 |
(B) Ascertain facts and make reports concerning the state | 75 |
budget, the revenues and expenditures of the state, and of the | 76 |
organization and functions of the state, its departments, | 77 |
subdivisions, and agencies; | 78 |
(C) Make surveys, investigations, and studies, and compile | 79 |
data, information, and records on any question which may be | 80 |
referred to it by either house of the general assembly or any | 81 |
standing committee of the general assembly; | 82 |
(D) Assist and cooperate with any interim legislative | 83 |
committee or other agency created by the general assembly; | 84 |
(E) Prepare or advise in the preparation of any bill or | 85 |
resolution, when requested by any member of the general assembly; | 86 |
(F) Collect, classify, and index the documents of the state | 87 |
which shall include executive and legislative documents and | 88 |
departmental reports and keep on file all bills, resolutions, and | 89 |
official journals printed by order of either house of the general | 90 |
assembly; | 91 |
(G) Provide members of the general assembly with impartial | 92 |
and accurate information and reports concerning legislative | 93 |
problems in accordance with rules prescribed by the commission; | 94 |
(H) Annually collect the reports required by section 4743.01 | 95 |
of the Revised Code and prepare a report evaluating the extent to | 96 |
which state boards and commissions which regulate occupations are | 97 |
financially self-supporting. The report shall be presented to the | 98 |
speaker and the minority leader of the house of representatives, | 99 |
the president and the minority leader of the senate, and the | 100 |
chairperson and ranking minority member of the finance committees | 101 |
of both houses, on or before the thirty-first day of December each | 102 |
year. | 103 |
(I) Codify the rules of administrative agencies of the state | 104 |
in accordance with the provisions of section 103.05 of the Revised | 105 |
Code; | 106 |
(J) Publish the register of Ohio under section 103.051 of the | 107 |
Revised Code; | 108 |
(K) Operate the electronic rule-filing system under section | 109 |
103.0511 of the Revised Code; | 110 |
(L) Conduct research and provide staffing and technical | 111 |
assistance to the long-range financial outlook council under | 112 |
sections 103.35 to 103.39 of the Revised Code. | 113 |
Sec. 103.35. (A) There is hereby created the long-range | 114 |
financial outlook council consisting of at least fifteen but not | 115 |
more than twenty-one members. The members of the council shall be | 116 |
residents of the state and shall include individuals with | 117 |
expertise in financial institutions and financial services. Not | 118 |
more than one-half plus one of the members shall be members of the | 119 |
same political party. No member of the general assembly shall | 120 |
serve as a member of the council. Members shall be appointed as | 121 |
follows: | 122 |
(1) One member appointed by the chairperson of the Ohio | 123 |
legislative service commission, who shall serve as the council | 124 |
chairperson; | 125 |
(2) Two members appointed by the director of budget and | 126 |
management; | 127 |
(3) At least six, but not more than nine, members appointed | 128 |
by the speaker of the house of representatives, which appointments | 129 |
shall include at least one certified public accountant, at least | 130 |
one certified financial analyst, at least one economist, and at | 131 |
least one banker; | 132 |
(4) At least six, but not more than nine, members appointed | 133 |
by the president of the senate, which appointments shall include | 134 |
at least one certified public accountant, at least one certified | 135 |
financial analyst, at least one economist, and at least one | 136 |
banker. | 137 |
(B) Appointments to the council shall be made not later than | 138 |
March 1, 2012. Of the initial appointments made by the speaker of | 139 |
the house of representatives, at least two, but not more than | 140 |
three, shall be for terms ending March 1, 2013, at least one, but | 141 |
not more than two, shall be for terms ending March 1, 2014, at | 142 |
least one, but not more than two, shall be for terms ending March | 143 |
1, 2015, and two shall be for terms ending March 1, 2016. Of the | 144 |
initial appointments made by the president of the senate, at least | 145 |
two, but not more than three, shall be for terms ending March 1, | 146 |
2013, at least one, but not more than two, shall be for terms | 147 |
ending March 1, 2014, at least one, but not more than two, shall | 148 |
be for terms ending March 1, 2015, and two shall be for terms | 149 |
ending March 1, 2016. The initial appointments made by the | 150 |
director shall be for terms ending March 1, 2016. The initial | 151 |
appointment made by the commission chairperson shall be for a term | 152 |
ending March 1, 2014. Thereafter, except for the term of office | 153 |
for the council chairperson, terms of office shall be for four | 154 |
years, with each term ending on the same day of the same month as | 155 |
the term that it succeeds. The term of office for the council | 156 |
chairperson shall be for two years, with the term ending on the | 157 |
same day of the same month as the term it succeeds. | 158 |
Each member of the council shall hold office from the date of | 159 |
appointment until the end of the term for which the member was | 160 |
appointed. Members may be reappointed. Vacancies shall be filled | 161 |
in the manner provided for original appointments. Any member | 162 |
appointed to fill a vacancy occurring prior to the expiration date | 163 |
of the term for which the member's predecessor was appointed shall | 164 |
hold office as a member for the remainder of that term. A member | 165 |
shall continue in office subsequent to the expiration date of the | 166 |
term until the member's successor takes office or until a period | 167 |
of sixty days has elapsed, whichever occurs first. | 168 |
(C) Members of the council shall serve without compensation | 169 |
but shall be reimbursed for the actual and necessary expenses | 170 |
incurred in the performance of their official duties. | 171 |
Sec. 103.36. (A) The long-range financial outlook council | 172 |
annually shall: | 173 |
(1) Conduct regular reviews of the current fiscal position of | 174 |
the state, including the state debt and debt service, and | 175 |
establish a method for a long-range financial projection at the | 176 |
state level in order to help maintain the state's financial | 177 |
stability between fiscal years and avoid future budget problems; | 178 |
(2) Integrate baseline projections of the budget requirements | 179 |
of the major programs comprising the state's budget with revenue | 180 |
estimates for the state based on current law; | 181 |
(3) Analyze the state's long-range financial outlook for the | 182 |
purpose of providing impartial, accurate information to assist the | 183 |
general assembly in establishing the state's biennial budget; | 184 |
(4) Study economic forecasts for the state; | 185 |
(5) Review the demographics of the state; | 186 |
(6) Request information from state agencies about their | 187 |
financial status and projections for the next four fiscal years; | 188 |
(7) Determine the accuracy of financial projections in | 189 |
previous long-range financial outlook reports issued pursuant to | 190 |
section 103.38 of the Revised Code. | 191 |
(B) State agencies, including the office of budget and | 192 |
management, shall cooperate with the council and provide | 193 |
information based on current law to the council as requested. | 194 |
(C) The council may study other issues that the council | 195 |
determines have the potential to temporarily or permanently affect | 196 |
the financial outlook of the state. | 197 |
Sec. 103.37. The long-range financial outlook council shall | 198 |
meet at the call of the chairperson and shall conduct public | 199 |
hearings at which interested parties, including state agency | 200 |
representatives, may submit testimony about the financial outlook | 201 |
of the state. | 202 |
Sec. 103.38. (A) Upon completion of the review and analysis | 203 |
required under section 103.36 of the Revised Code, but not later | 204 |
than September 1, 2012, and the first of September annually | 205 |
thereafter, the long-range financial outlook council shall issue a | 206 |
long-range financial outlook report, including an executive | 207 |
summary, of its findings. The report shall include, but shall not | 208 |
be limited to, the following information agreed to by council | 209 |
consensus and based on current law and demographic and other | 210 |
factors as specified by the council: | 211 |
(1) Projections of future financial needs of the state for | 212 |
the next four fiscal years; | 213 |
(2) Projections of future resources of the state; | 214 |
(3) Actual revenues for the previous three fiscal years and | 215 |
revenue estimates for the next four fiscal years; | 216 |
(4) A review of both revenue estimates and projections for | 217 |
the budget requirements and expenditures of major state-funded | 218 |
programs; | 219 |
(5) Per agency workload estimates for state agencies. | 220 |
(B) The Ohio legislative service commission shall conduct | 221 |
research and provide staffing and technical assistance for the | 222 |
council. | 223 |
(C) Upon request of the commission, the office of budget and | 224 |
management and all other state agencies shall provide all readily | 225 |
available information based on current law to the commission. | 226 |
(D) Each year upon the adoption of the report by a majority | 227 |
of the council members, the council shall do the following: | 228 |
(1) Publish the latest report on the web sites of the general | 229 |
assembly, the commission, and the office of budget and management; | 230 |
(2) Submit the report to the general assembly and the | 231 |
executive summary of the report to the clerk of the house of | 232 |
representatives. | 233 |
Sec. 103.39. Beginning in 2013 and annually thereafter, the | 234 |
general assembly shall meet in joint convention, not later than | 235 |
January 31, for the purpose of receiving the most recent | 236 |
long-range financial outlook report issued by the long-range | 237 |
financial outlook council pursuant to section 103.38 of the | 238 |
Revised Code. The clerk of the house of representatives or a | 239 |
person designated by the clerk shall read the executive summary of | 240 |
the report at the joint convention. | 241 |
Sec. 107.036. As part of the governor's executive budget | 242 |
proposal submitted biennially to the general assembly pursuant to | 243 |
section 107.03 of the Revised Code, the governor shall include a | 244 |
review of the most recent long-range financial outlook report | 245 |
adopted by the long-range financial outlook council along with | 246 |
recommendations for revisions to the report. | 247 |
Section 2. That existing sections 101.82 and 103.13 are | 248 |
hereby repealed. | 249 |