(129th General Assembly)
(House Concurrent Resolution Number 29)



CONCURRENT RESOLUTION
To approve the Public Health Council's proposed revision of Chapter 3701-36 of the Ohio Administrative Code establishing standards to be met by boards of health and local health departments and procedures for payment of state subsidies for meeting those standards.

Be it resolved by the House of Representatives of the State of Ohio
(The Senate concurring):

WHEREAS, In 1981, the 114th General Assembly enacted Am. Sub. H.B. 694, a general appropriations act that included a provision requiring the Public Health Council of the Department of Health to adopt rules establishing minimum standards and optimum achievable standards for boards of health and local health departments and a formula for distribution of state subsidy funds according to the level at which those standards are met; and

WHEREAS, The rules have been adopted as required by section 3701.342 of the Revised Code and are included in Chapter 3701-36 of the Administrative Code; and

WHEREAS, on September 2, 2011, the Public Health Council filed with the Legislative Service Commission a proposal to revise Chapter 3701-36 of the Administrative Code by amending rules 3701-36-01, 3701-36-02, 3701-36-03, 3701-36-10, 3701-36-11, 3701-36-12, and 3701-36-13, rescinding and proposing new rule 3701-36-04, and rescinding rules 3701-36-05 to 3701-36-09; and

WHEREAS, The Public Health Council's proposed revision of Chapter 3701-36 of the Administrative Code includes standards for protecting people from disease and injury, monitoring health status, assuring a safe and healthy environment, promoting healthy lifestyles, and addressing the need for personal health services, as well as procedures for payment of state subsidies for meeting those standards; and

WHEREAS, On October 6, 2011, the Public Health Council conducted a public hearing on its proposed revision of Chapter 3701-36 of the Administrative Code and has not been required to remove all or any part of its proposed revision from the rule-making process; and

WHEREAS, On October 24, 2011, the Joint Committee on Agency Rule Review considered the proposed revision of Chapter 3701-36 of the Administrative Code and took no action against the proposed revision; and

WHEREAS, Section 3701.342 of the Revised Code provides that rules adopted by the Public Health Council pursuant to that section cannot take effect unless approved by concurrent resolution of the General Assembly; now therefore be it

RESOLVED, That the General Assembly, in adopting this concurrent resolution, approves the Public Health Council's proposed revision of Chapter 3701-36 of the Administrative Code, as filed with the Legislative Service Commission on September 2, 2011, considered in a public hearing on October 6, 2011, and considered by the Joint Committee on Agency Rule Review on October 24, 2011; and be it further

RESOLVED, That the Clerk of the House of Representatives transmit duly authenticated copies of this resolution to the Public Health Council, the Director of Health, the Director of the Joint Committee on Agency Rule Review, and the Director of the Legislative Service Commission.