Sub. H.B. 495
128th General Assembly
(As Passed by the House)
·
Abolishes, retains, terminates, transfers, and modifies various
agencies, in accordance with the Sunset Review Law six-year cycle for
evaluation of agencies.
·
Reestablishes the Sunset Review Committee during calendar years
2015 and 2016 to continue agency review in the 131st General Assembly.
·
Repeals the Sunset Review Law on December 31, 2016.
·
Retains the Workers' Compensation Council but eliminates its
funding and requires the General Assembly to review the Council and its
funding.
·
Generally takes effect on the date that is three months after the
date on which the bill becomes law.
SUNSET
REVIEW LAW... 2
Background and overview.. 2
Definitions. 3
Sunset Review Law renewal 4
Abolition of specific agencies. 5
Termination or transfer of specific agencies. 10
Renewal of specific agencies. 11
Renewal-related
changes. 20
OTHER MATTERS.. 22
Workers' Compensation Council 22
Corrective changes. 23
EFFECTIVE DATE.. 23
The Sunset Review Law, established by Sub. H.B. 548 of the 123rd
General Assembly, generally provides that if the General Assembly does not
renew or transfer a state "agency" (see "Definitions" below)
within an established timeframe, the agency expires by operation of law and the
Office of Budget and Management is prohibited from authorizing the expenditure
of any money for the agency on or after the expiration date. Under the Sunset
Review Law's renewal procedures, an agency may be renewed by passage of a bill
that continues the statutes creating and empowering the agency, that amends or
repeals those statutes, or that enacts new statutes, to improve agency
usefulness, performance, or effectiveness. (R.C. 101.83(B) and (D).)
The Sunset Review Law created the Sunset Review Committee (a
bipartisan committee, consisting of three Senate members appointed by the
President of the Senate, three House members appointed by the Speaker of the
House of Representatives, and three individuals appointed by the Governor with
the advice and consent of the Senate) to carry out a periodic review of those
state boards, commissions, councils, committees, and other entities to which
the Sunset Review Law applied and to determine whether those entities or their
functions should be abolished, terminated, transferred, or continued. The
Committee was to consider and evaluate state agencies and recommend, in bill
form, the amendment, repeal, or continuation of the statutes creating and
empowering the agency. When the Sunset Review Law first became effective,
the Sunset Review Law, the Committee, and all state agencies under its review
authority were scheduled to expire on December 31, 2004, unless renewed.
Since its inception, the Committee has operated on a periodic cycle
of scheduled agency expiration subject to review and possible renewal.
Accordingly, in Am. Sub. H.B. 516, the 125th General Assembly abolished,
retained, and changed the names of various agencies evaluated by the Committee
during 2003 and 2004. The Sunset Review Committee was reestablished with
functions identical to those it exercised under former law and its operation
was postponed until the 128th General Assembly when it again was scheduled to
undertake agency review. Under current law, the Committee, the Sunset
Review laws, and agencies subject to review by the Committee are scheduled to
expire on December 31, 2010. (R.C. 101.83(B) and (D); Section 6 of Am. Sub. H.B.
516, 125th General Assembly.)
The application of the Sunset Review Law is determined by the
following definitions, which the bill does not change (R.C. 101.82, not in the bill):
"Agency" generally means any board, commission,
committee, or council, or any other similar state public body required to be
established pursuant to state statutes for the exercise of any function of
state government and to which members are appointed or elected.
"Agency" does not include the following: (1)
the General Assembly, or any commission, committee, or other body composed
entirely of members of the General Assembly, (2)
any court, (3)
any public body created by or directly pursuant to the Ohio Constitution, (4)
the board of trustees of any institution of higher education financially
supported in whole or in part by the state, (5)
any public body that has the authority to issue bonds or notes or that has
issued bonds or notes that have not been fully repaid, (6)
the Public Utilities Commission of Ohio, (7)
the Consumers' Council Governing Board, (8)
the Ohio Board of Regents, (9)
any state board or commission that has the authority to issue any final
adjudicatory order that may be appealed to the court of common pleas under the
Administrative Procedure Act, (10)
any board of elections, (11)
the Board of Directors of the Ohio Insurance Guaranty Association and the Board
of Governors of the Ohio Fair Plan Underwriting Association, (12)
the Ohio Public Employees Deferred Compensation Board, (13)
the Ohio Retirement Study Council, (14)
the Board of Trustees of the Ohio Police and Fire Pension Fund, Public Employees
Retirement Board, School Employees Retirement Board, State Highway Patrol Retirement
Board, and State Teachers Retirement Board, (15)
the Industrial Commission, (16)
the Parole Board, (17)
the Board of Tax Appeals, (18)
the Controlling Board, (19)
the Release Authority of the Department of Youth Services, (20)
the Environmental Review Appeals Commission, (21)
the Ohio Ethics Commission, (22)
the Ohio Public Works Commission, (23)
the Self-Insuring Employers Evaluation Board, (24)
the State Board of Deposit, (25)
the State Employment Relations Board, and
(26) the Workers' Compensation Council.
"Abolish"
means to repeal the statutes creating and empowering an agency, remove its
personnel, and transfer its records to the Department of Administrative Services
pursuant to the State Records Program Law.
"Terminate"
means to amend or repeal the statutes creating and empowering an agency, remove
its personnel, and reassign its functions and records to another agency or
officer designated by the General Assembly.
"Transfer"
means to amend the statutes creating and empowering an agency so that its
functions, records, and personnel are conveyed to another agency or officer.
"Renew"
means to continue an agency, and may include amendment of the statutes creating
and empowering the agency, or recommendations for changes in agency operation
or personnel.
To summarize, when an agency is abolished, the agency and its
functions are eliminated and its personnel are removed; when an agency is
terminated, its functions are reassigned, but the agency and its personnel are
removed; and, when an agency is transferred, its functions and personnel are
conveyed to another entity.
In accordance with the general pattern established for renewal of
the Sunset Review laws and the Sunset Review Committee, the bill, in addition
to abolishing, retaining, and changing the names of various agencies, continues
the six-year cycle for evaluation of agencies. Without substantive amendment,
the bill does all of the following:
·
Reestablishes the Sunset Review Committee with functions
identical to those it exercises under current law, while postponing its
operation until the 131st General Assembly, during calendar years 2015 and 2016
(R.C. 101.84);
·
Repeals the Sunset Review Law on December 31, 2016--i.e.
following the reestablished Committee's conclusion of its functions (Section 6
of Am. Sub. H.B. 516 of the 125th General Assembly (repealed); Sections 4 and 6
of the bill);
·
Revises the scheduled agency expiration dates by specifying that
an agency in existence on January 1, 2011, expires on December 31, 2016, unless
it is renewed in accordance with the Sunset Review Law procedures (R.C.
101.83(A)).
Accordingly (1) the members of the Sunset Review Committee must be
appointed within 15 days after the commencement of the first regular session of
the 131st General Assembly, and the Committee must meet not later than 30 days
after the first day of the first regular session of the 131st General Assembly
and throughout that General Assembly to perform its statutorily specified
organizational and operational functions, (2) the Committee is required to
schedule for review each agency in existence on January 1, 2015, not later than
60 days after its first meeting in that year, (3) the Committee must send its
schedules for review for calendar years 2015 and 2016 to affected agencies and
the Legislative Service Commission Director, who is required to publish each
annual schedule of review in the Ohio Administrative Code and in the Register
of Ohio, and (4) not later than six months prior to the date on which an
agency in existence on January 1, 2015 is scheduled to expire, the Committee
must hold hearings to evaluate agency effectiveness. (R.C. 101.84(A), 101.85(A)
and (B), and 101.86(A).)
The bill also continues (without substantive amendment) other
provisions of the Sunset Review Law dealing with the Committee's organization
(its officers, quorum, etc.), with the Committee's preparation of a report of
its findings and recommendations for an agency's (or its functions) abolition,
termination, transfer, or continuation (including its presentation to the
General Assembly of implementing recommendations "in bill form"), and
with agency responsibilities in connection with their reviews (R.C. 101.84, 101.85,
and 101.86; R.C. 101.87--not in the bill).
Agencies falling under the review jurisdiction of the Sunset Review
Committee were to expire if not renewed by December 31, 2010, or otherwise
within the statutorily prescribed period. The bill abolishes the agencies
listed below:
Name of agency
being abolished
|
Revised Code
section or uncodified law section amended or repealed
|
Ad
Hoc Committee to Study Use of Alternative Dispute Resolution Procedure in
Civil Service Appeals
|
Section
3, Sub. H.B. 187, 126th General Assembly
|
|
Adam
Walsh Study Committee
|
Section
5, Am. Sub. S.B. 260, 126th General Assembly
|
|
Advisory
Board to the Director of Natural Resources Concerning the Great Lakes-St.
Lawrence River Basin Water Resources Compact
|
Section
3, Am. H.B. 416, 127th General Assembly (repeal effective September 8, 2010)
|
|
Advisory
Committee to Consumer Finance Education Board
|
R.C.
1349.71
|
|
Advisory
Committee on Eligibility and Real Time Claim Adjudication
|
Section
7, Sub. H.B. 125, 127th General Assembly
|
|
Advisory Council to Select the Neutral
Third-Party Entity to Conduct Pavement Selection Analysis
|
Section
12, Am. Sub. H.B. 87, 125th General Assembly
|
|
Alzheimer's
Disease and Related Disorders Task Force
|
R.C.
173.04
|
|
Biofuel
and Renewable Energy Task Force
|
Section
25, Am. Sub. H.B. 87, 125th General Assembly
|
|
Bureau
of Motor Vehicle Services-Related Study Group
|
Section
755.40, Am. Sub. H.B. 2,
128th General Assembly
|
|
Child
Care Advisory Council
|
R.C.
5104.08 and 5104.39
|
|
Child-Centered
Recruitment Task Force
|
Section
3, Sub. H.B. 7, 127th General Assembly
|
|
Child
Support Guideline Advisory Council
|
R.C.
3119.024
|
|
Citizens
Advisory Committee (BMV)
|
R.C.
4501.025
|
|
Commission
on Cuyahoga County Government Reform
|
Section
703.30, Am. Sub. H.B. 562,
127th General Assembly
|
|
Commission
on the Future of Health Care Education and Physician Retention in Northwest
Ohio
|
Section
263.30.30, Am. Sub. H.B. 119,
127th General Assembly
|
|
Committee
to Assist State Fire Marshal in Adopting Specified Fireworks Rules
|
R.C.
3743.54
|
|
Committee
to Study Publicly Funded Child Care Services
|
Section
309.40.70, Am. Sub. H.B. 1,
128th General Assembly
|
|
Community
Behavioral Health Services
Study Group
|
Section
751.13, Am. Sub. H.B. 1,
128th General Assembly
|
|
Community
Oversight Committee
|
R.C.
3311.71 and 3311.77
|
|
Compact
with Ohio Cities Task Force
|
No
express source of law; Section 8(B)
of the bill
|
|
Compassionate
Care Task Force
|
Section
3, Am. Sub. H.B. 474, 124th General Assembly
|
|
Construction
and Demolition Debris Facility Study Committee
|
Section
513.03, Am. Sub. H.B. 66,
126th General Assembly, as amended by
Am. Sub. H.B. 100, 126th General Assembly
|
|
Correctional
Faith-Based Initiatives Task Force
|
Section
503.09, Am. Sub. H.B. 66,
126th General Assembly
|
|
Ohio Cystic Fibrosis Legislative
Task Force
|
R.C.
101.38 and Section 4.01 of the bill (effective December 31, 2011)
|
|
Disability
Medical Assistance Council
|
Section
206.66.43, Am. Sub. H.B. 66,
126th General Assembly
|
|
Foreign
Language Advisory Council
|
Section
3, Am. Sub. S.B. 311, 126th General Assembly
|
|
Fuel
Production Task Force
|
Section
1, Sub. H.B. 371, 126th General Assembly
|
|
Great
Lakes-St. Lawrence River Basin Water Resources Compact Advisory Board
|
Section
3, Am. H.B. 416, 127th General Assembly
|
|
Head
Start Partnership Study Council
|
Section
41.35, Am. Sub. H.B. 95,
125th General Assembly
|
|
Higher
Education Funding Study Council
|
Section
209.63.58, Am. Sub. H.B. 66,
126th General Assembly
|
|
Household Sewage and Small Flow On-Site
Sewage Treatment System Study Commission
|
R.C.
3718.03; Sections 737.11 and 737.12, Am. Sub. H.B. 119, 127th General
Assembly
|
|
Interstate
Rail Passenger Advisory Council (Multi-State Compact)
|
R.C.
4981.35
|
|
Inter-University
Council Committee to Develop Guidelines and Standards for Colleges and Universities
Concerning Governance of Officers and Employees
|
Section
4, Sub. H.B. 187, 126th General Assembly
|
|
Joint
Committee to Study Court Costs and Filing Fees
|
Section
6, Sub. H.B. 336, 126th General Assembly, as amended by Am. Sub. S.B. 155,
127th General Assembly
|
|
Joint
Council on Developmental Disabilities
|
R.C.
101.37 and 5123.093
|
|
Joint
Legislative Study Commission on Most Favored Nation Clauses in Health Care
Contracts
|
Section
6, Sub. H.B. 125, 127th General Assembly
|
|
Legislative
Committee on the Future Funding of the Bureau for Children with Medical
Handicaps
|
Section
206.42.12, Am. Sub. H.B. 66,
126th General Assembly
|
|
Legislative
Task Force to Study Eminent Domain and Its Use and Application in the State
|
Section
3, Am. Sub. S.B. 167, 126th General Assembly
|
|
Lima Correctional Institution Study
Committee
|
Section
377.20, Am. Sub. H.B. 119,
27th General Assembly
|
|
Local
Government and Library Revenue Distribution Task Force
|
Section
503.12, Am. Sub. H.B. 66,
126th General Assembly
|
|
MARCS
Task Force
|
Section
755.80, Am. Sub. H.B. 2,
128th General Assembly
|
|
Maternal
and Child Health Council
|
R.C.
3701.025
|
|
Medicaid
Administrative Study Council
|
Section
206.66.53, Am. Sub. H.B. 66,
126th General Assembly, as amended by
S.B. 87, 126th General Assembly
|
|
Medication
Aide Advisory Council
|
R.C.
4723.61, 4723.62, 4723.621, 4723.63, and 4723.69
|
|
Military
Activation Task Force
|
R.C.
5902.15
|
|
MR/DD
Futures Study Committee
|
Section
337.20.20, Am. Sub. H.B. 119,
127th General Assembly
|
|
Multidisciplinary
Council to Advise on Voluntary Clean-up Standards (EPA)
|
R.C.
3746.03 and 3746.04
|
|
Muskingum
River Advisory Council
|
R.C.
1501.25
|
|
North
East Ohio Universities Collaboration and Innovation Study Commission
|
Section
235.60.70, Am. Sub. H.B. 699,
126th General Assembly
|
|
Nursing
Facility Rate Transition Advisory Council
|
Section
206.66.24, Am. Sub. H.B. 66,
126th General Assembly
|
|
Ohio
Aerospace and Defense Advisory Council
|
R.C.
122.98 and 122.981
|
|
Ohio
Agriculture License Plate Scholarship Fund Board
|
R.C.
901.90 and 4503.77
|
|
Ohio
Agriculture to Chemicals, Polymers, and Advanced Materials Task Force
|
Section
2, Sub. H.B. 233, 127th General Assembly
|
|
Ohio
Autism Task Force
|
Section
152, Am. Sub. H.B. 95, 125th General Assembly, as amended by Am. Sub. S.B. 2,
125th General Assembly
|
|
Ohio
Beekeepers Task Force
|
Section
709.10, Am. Sub. H.B. 1,
128th General Assembly (repeal effective September 30, 2010)
|
|
Ohio Commission on Local Government Reform
and Collaboration
|
Section
701.20, Am. Sub. H.B. 562,
127th General Assembly, as amended by
Am. Sub. H.B. 1, 128th General Assembly
|
|
Ohio Commission to Reform Medicaid
|
Section
59.29, Am. Sub. H.B. 95,
125th General Assembly, as amended by
Am. Sub. S.B. 189, 125th General Assembly
|
|
Ohio
Court Appointed Special Advocate/Guardian Ad Litem (CASA/GAL) Study Committee
|
R.C.
2151.282
|
|
Ohio Family and Children First
Cabinet Council Committee to Evaluate the Implementation of Specified Laws Regarding
TANF Youth Diversion Programs and County Service Coordination Processes
|
Section
5, Sub. H.B. 57, 124th General Assembly
|
|
Ohio
Hepatitis C Advisory Commission
|
R.C.
3701.92
|
|
Ohio
Lake Erie Fishing Regulatory Reform Task Force
|
Section
4, Am. Sub. S.B. 77, 127th General Assembly
|
|
Ohio
Medical Malpractice Commission
|
Section
4, Am. Sub. S.B. 281, 124th General Assembly; Section 3, Am. Sub. S.B. 86,
125th General Assembly
|
|
Ohio
Military Reserve Homeland Security Study Commission
|
Section
560.03, Am. Sub. H.B. 66,
126th General Assembly
|
|
Ohio
Privacy/Public Record Access Study Committee
|
Section
3, Sub. H.B. 204, 125th General Assembly
|
|
Ohio
Public Library Information Network Board
|
Section
69, H.B. 117, 121st General Assembly, as amended by H.B. 284,
121st General Assembly
|
|
Ohio State Highway Patrol Mission Review
Task Force
|
Section
756.40, Am. Sub. H.B. 2,
128th General Assembly
|
|
Ohio
Subrogation Rights Commission
|
R.C.
2323.44
|
|
Ohio
Teacher Education and Licensure Advisory Commission
|
No
express source of law; Section 8(D)
of the bill
|
|
Ohio
Thoroughbred Racing Advisory Committee
|
R.C.
3769.084
|
|
Ohio
Transportation Task Force
|
Section
755.03, Am. Sub. H.B. 530,
126th General Assembly, as amended by
Am. Sub. H.B. 67, 127th General Assembly
|
|
Oil
and Gas Advisory Council
|
Section
8, Sub. H.B. 299, 125th General Assembly
|
|
Preconstruction
Rules Working Group
|
Section
3, Sub. S.B. 393, 126th General Assembly
|
|
Public-Private
Collaborative Commission to Issue Recommendations for Promoting Greater Incidence
of Student Success
|
Section
8, Am. Sub. S.B. 311, 126th General Assembly, as amended by H.B. 190,
127th General Assembly
|
|
State
Regional Alliance Advisory Board
|
R.C.
3312.11, 3312.12, 3312.01, and 3312.09
|
|
School
Health Services Advisory Council
|
R.C.
3319.70 and 3319.71
|
|
School
Physical Fitness and Wellness Advisory Council
|
Section
206.10.12, Am. Sub. H.B. 66,
126th General Assembly
|
|
State
Highway Patrol Funding Task Force
|
Section
555.17, Am. Sub. H.B. 67,
127th General Assembly
|
|
State
Park and Recreational Area Study Committee
|
Section
715.50, Am. Sub. H.B. 562,
127th General Assembly
|
|
Task
Force on Implementing the Federal Domestic Violence Option in the Ohio Works
First Program
|
Section
6, Am. Sub. S.B. 238, 126th General Assembly, as amended by Am. Sub. H.B. 461,
126th General Assembly
|
|
Task
Force to Eliminate Health Services Duplication
|
Section
153, Am. Sub. H.B. 95, 125th General Assembly
|
|
Third
Frontier Biomedical Advisory Board
|
R.C.
184.23
|
|
Third
Frontier Bioproducts Advisory Board
|
R.C.
184.231
|
|
Vehicle
Management Commission (DAS)
|
R.C.
125.833
|
|
Work
Group to Advise the Director of Health on Shaken Baby Syndrome Educational
Materials
|
R.C.
3701.63
|
|
When an agency falling under the review
jurisdiction of the Sunset Review Committee is to be terminated or transferred,
the functions of the agency generally continue but are assigned to another
agency. According to the controlling definitions, the difference between an
agency being terminated and being transferred is a matter of whether agency
personnel are retained or removed. The bill terminates or transfers the following
agencies and reassigns the functions as listed below:
NAME OF AGENCY BEING TERMINATED or transferred
|
NAME OF AGENCY TO
WHICH FUNCTIONS ARE ASSIGNED
|
REVISED CODE
SECTION OR UNCODIFIED SECTION OF LAW
|
Advisory Committee
to Board of Trustees of The Ohio State University on the Engineering
Experiment Station
|
Director of the
Engineering Experiment Station
|
R.C. 3335.27
|
Group of Experts in
Pediatric Medicine
|
Hospital Measures
Advisory Council
|
R.C. 3727.312,
3727.322, and Section 9 of the bill
|
Early Childhood Financing Workgroup
|
Early Childhood
Advisory Council
|
Section 265.70.20,
Am. Sub. H.B. 1, 128th General Assembly and Section 11 of the bill
|
Interagency Council on
Hispanic-Latino Affairs
|
Commission on
Hispanic-Latino Affairs
|
R.C. 121.32 and
Section 10 of the bill
|
Ohio Agriculture License
Plate Scholarship Fund Board
|
Director of
Agriculture
|
R.C. 901.90 and
4503.77
|
1. Ohio Quarter Horse
Development Commission
2. Ohio Standardbred Development Commission
3. Ohio Thoroughbred Racing Advisory Committee
|
State Racing
Commission
|
R.C. 3769.083,
3769.084, 3769.085, 3769.086, and Section 13 of the bill
|
Ski Tramway Board
|
Division of Labor,
Department of Commerce
|
R.C. 121.084, 4169.02,
4169.03, 4169.04, 4169.05, and 4169.06
|
Agencies falling under the review jurisdiction of the Sunset Review
Committee were to expire if not renewed by December 31, 2010, or otherwise
within the statutorily prescribed period. The bill renews the agencies
listed below and specifies that they will expire on December 31, 2016, unless
they are again renewed by legislation (Section 3 of the bill):
Name of agency being renewed
|
Revised Code section or
uncodified section
|
Academic
Distress Commission
|
R.C. 3302.10
|
Advisory
Board of Governor's Office of Faith-Based and Community Initiatives
|
R.C. 107.12
|
Advisory
Board to Assist and Advise in the Operation of the Ohio Center for Autism and
Low Incidence
|
R.C. 3323.33,
3323.34
|
Advisory
Council on Amusement Ride Safety
|
R.C. 1711.51,
1711.52
|
Advisory
Council of Directors for Prison Labor
|
R.C. 5145.162
|
Advisory
Council for Wild, Scenic, or Recreational River Areas
|
R.C. 1547.84
|
Advisory
Committee on Livestock Exhibitions
|
R.C. 901.71
|
Agricultural
Commodity Marketing Programs Operating Committee
|
R.C. 924.07
|
Agricultural
Commodity Marketing Programs Coordinating Committee
|
R.C. 924.14
|
Alternative
Energy Advisory Committee
|
R.C. 4928.64(D)
|
AMBER
Alert Advisory Committee
|
R.C. 5502.521
|
Apprenticeship
Council
|
R.C. Chapter
4139.
|
Armory
Board of Control
|
R.C. 5911.09,
5911.12
|
Automated
Title Processing Board
|
R.C. 4505.09(C)(1)
|
Backflow
Advisory Board
|
R.C. 3703.21
|
Banking
Commission
|
R.C.
1123.01
|
Board
of Directors of the Great Lakes Protection Fund
|
R.C. 1506.22
(6161.04)
|
Board
of Directors of the Medical Liability Underwriting Association Stabilization
Fund
|
R.C.
3929.631
|
Board
of Directors of the Ohio Appalachian Center for Higher Education
|
R.C. 3333.58
|
Board of Directors of the Ohio Health
Reinsurance Program
|
R.C.
3924.08 - 3924.11
|
Board
of Governors of the Commercial Insurance Joint Underwriting Association
|
R.C.
3930.03
|
Board
of Governors of the Medical Liability Underwriting Association
|
R.C.
3929.64
|
Board
of Voting Machines Examiners
|
R.C. 3506.05
|
Budget Planning and Management
Commission
|
Section
509.10, H.B. 1, 128th General Assembly
|
Brain
Injury Advisory Committee
|
R.C. 3304.231
|
Bureau
of Workers' Compensation Board of Directors
|
R.C. 4121.12
|
Capitol
Square Review and Advisory Board
|
R.C. 105.41
|
Children's
Trust Fund Board
|
R.C. 3109.15
- 3109.17
|
Citizen's
Advisory Council
|
R.C. 5123.092,
5123.093
|
Clean
Ohio Trail Advisory Board
|
R.C. 1519.06
|
Coastal
Resources Advisory Council
|
R.C.
1506.12
|
Commission
on African-American Males
|
R.C. 4112.12,
4112.13
|
Commission
on Hispanic-Latino Affairs
|
R.C.
121.31
|
Commission
on Minority Health
|
R.C. 3701.78
|
Committee
on Prescriptive Governance
|
R.C. 4723.49
- 4723.492
|
Commodity
Advisory Commission
|
R.C. 926.32
|
Consumer
Advisory Committee to the Rehabilitation Services Commission
|
R.C. 3304.24
|
Credential
Review Board
|
R.C. 3319.65
|
Consumer
Finance Education Board
|
R.C. 1349.71,
1349.72
|
Continuing
Education Committee
|
R.C. 109.80(B)
|
Council
on Alcohol and Drug Addiction Services
|
R.C. 3793.09
|
Council
on Unreclaimed Strip Mined Lands
|
R.C. 1513.29
|
County
Sheriff's Standard Car Marking and Uniform Commission
|
R.C. 311.25
- 311.27
|
Credit
Union Council
|
R.C.
1733.329
|
Criminal
Sentencing Advisory Committee
|
R.C.
181.22
|
Data
Collection and Analysis Group
|
R.C.
3727.32
|
Dentist
Loan Repayment Advisory Board
|
R.C.
3702.92
|
Department
Advisory Councils
|
R.C. 107.18,
121.13
|
Developmental Disabilities
Developmental Center Closure Commission
|
R.C.
5123.032
|
Development
Financing Advisory Council
|
R.C. 122.40,
122.41
|
Early
Childhood Advisory Council
|
R.C.
3301.90
|
Education
Commission of the States (Interstate Compact for Education)
|
R.C. 3301.48,
3301.49
|
Education
Management Information System Advisory Board
|
R.C. 3301.0713
|
Educator
Standards Board
|
R.C. 3319.60
|
Electrical
Safety Inspector Advisory Committee
|
R.C. 3783.08
|
Emergency
Response Commission
|
R.C. 3750.02
|
Environmental
Education Council
|
R.C. 3745.21
|
Environmental
Protection Agency Advisory Boards
|
R.C. 121.13,
3704.03, 3745.01
|
eTech
Ohio Commission
|
R.C. 3353.02
- 3353.04
|
Ex-Offender
Reentry Coalition
|
R.C. 5120.07
|
Farmland
Preservation Advisory Board
|
R.C. 901.23
|
Financial
Planning and Supervision Commissions
|
R.C. 118.05
- 118.09
|
Financial
Planning and Supervision Commission for (name of school district)
|
R.C. 3316.05
- 3316.07
|
Forestry
Advisory Council
|
R.C. 1503.40
|
Governance
Authority for a State University or College
|
R.C. 3345.75
|
Governor's
Council on People with Disabilities
|
R.C. 3303.41
|
Governor's
Policy Information Working Group
|
Section
313, H.B. 420, 127th General Assembly
|
Governor's
Residence Advisory Commission
|
R.C. 107.40
|
Grain
Marketing Program Operating Committee
|
R.C. 924.20
- 924.30
|
Great Lakes State Commission (Great
Lakes Basin Compact)
|
R.C.
6161.01 - 6161.02
|
Gubernatorial
Transition Committee
|
R.C. 107.29,
126.26
|
Help
Me Grow Advisory Council
|
R.C. 3701.611
|
Hemophilia
Advisory Subcommittee of the Medically Handicapped Children's Medical
Advisory Council
|
R.C. 3701.0210
|
Homeland
Security Advisory Council
|
R.C. 5502.011(E)
|
Hospital
Measures Advisory Council
|
R.C.
3727.31
|
Housing
Trust Fund Advisory Committee
|
R.C. 174.06
|
Industrial
Commission Nominating Council
|
R.C. 4121.04
|
Industrial
Technology and Enterprise Advisory Council
|
R.C. 122.29,
122.30
|
Infant
Hearing Screening Subcommittee
|
R.C. 3701.507
|
Infection
Control Group
|
R.C.
3727.312(D)
|
Insurance
Agent Education Advisory Council
|
R.C.
3905.483
|
Joint
Select Committee on Volume Cap
|
R.C. 133.021
|
Labor-Management
Government Advisory Council
|
R.C. 4121.70
|
Legal
Rights Service Commission
|
R.C. 5123.60
|
Legislative
Programming Committee of the Ohio Government Telecommunications Service
|
R.C. 3353.07
|
Legislative
Task Force on Redistricting, Reapportionment, and Demographic Research
|
R.C. 103.51
|
Maternity
and Newborn Advisory Council
|
R.C. 3711.20,
3711.21
|
Medicaid
Buy-In Advisory Councils
|
R.C.
5111.708 - 5111.7011
|
Medically
Handicapped Children's Medical Advisory Council
|
R.C. 3701.025
|
Midwest
Interstate Passenger Rail Compact Commission
|
R.C.
4981.36
|
Milk
Sanitation Board
|
R.C. 917.03
- 917.032
|
Mine
Subsidence Insurance Governing Board
|
R.C. 3929.51
|
Minority
Development Financing Advisory Board
|
R.C. 122.72,
122.73
|
National
Museum of Afro-American History and Culture Planning Committee
|
R.C. 149.303
|
New
African Immigrants Commission
|
R.C. 4112.31,
4112.32
|
Ohio
Accountability Task Force
|
R.C. 3302.021(E)
|
Ohio
Advisory Council for the Aging
|
R.C. 173.03
|
Ohio
Arts Council
|
R.C. Chapter
3379.
|
Ohio
Business Gateway Steering Committee
|
R.C. 5703.57
|
Ohio
Cemetery Dispute Resolution Commission
|
R.C. 4767.05,
4767.06
|
Ohio
Civil Rights Commission Advisory Agencies and Conciliation Councils
|
R.C. 4112.04(B)(4)
|
Ohio
Commercial Market Assistance Plan Executive Committee
|
R.C.
3930.02
|
Ohio
Commission on Dispute Resolution and Conflict Management
|
R.C. 179.02
- 179.04
|
Ohio
Community Service Council
|
R.C. 121.40
- 121.404
|
Ohio
Council for Interstate Adult Offender Supervision
|
R.C. 5149.22
|
Ohio
Cultural Facilities Commission
|
R.C. Chapter
3383.
|
Ohio
Developmental Disabilities Council
|
R.C. 5123.35
|
Ohio
Expositions Commission
|
R.C. 991.02
|
Ohio
Family and Children First Cabinet Council
|
R.C. 121.37
|
Ohio
Family and Children First Cabinet Council Advisory Board
|
R.C.
121.374
|
Ohio
Geographically Referenced Information Program Council
|
R.C. 125.901,
125.902
|
Ohio
Historic Site Preservation Advisory Board
|
R.C. 149.301
|
Ohio
Geology Advisory Council
|
R.C. 1501.11
|
Ohio
Grape Industries Committee
|
R.C. 924.51
- 924.55
|
Ohio
Historical Society Board of Trustees
|
R.C. 149.30
|
Ohio
Judicial Conference
|
R.C. 105.91
- 105.97
|
Ohio
Lake Erie Commission
|
R.C.
1506.21
|
Ohio
Legislative Commission on the Education and Preservation of State History
|
Section
701.05, H.B. 1, 128th General Assembly
|
Ohio
Medical Quality Foundation
|
R.C. 3701.89
|
Ohio
Parks and Recreation Council
|
R.C. 1541.40
|
Ohio
Peace Officer Training Commission
|
R.C. 109.71,
109.72
|
Ohio
Private Investigation and Security Services Commission
|
R.C. 4749.021,
4743.01
|
Ohio
Public Defender Commission
|
R.C. 120.01
- 120.03
|
Ohio
Public Library Information Network Board of Trustees
|
R.C. 3375.65,
3375.66
|
Ohio
Small Government Capital Improvements Commission
|
R.C. 164.02(C)
and (D)
|
Ohio
Soil and Water Conservation Commission
|
R.C. 1515.02
|
Ohio
Steel Industry Advisory Council
|
R.C. 122.97,
122.971
|
Ohio
Transportation Finance Commission
|
R.C. 5531.12(B)
to (D)
|
Ohio
Tuition Trust Authority
|
R.C. 3334.03,
3334.08
|
Ohio
University College of Osteopathic Medicine Advisory Committee
|
R.C. 3337.10,
3337.11
|
Ohio
Vendors Representative Committee
|
R.C. 3304.34,
20 U.S.C. 107
|
Ohio
War Orphans Scholarship Board
|
R.C. 5910.02
- 5910.06
|
Ohio
Water Advisory Council
|
R.C. 1521.031
|
Ohio
Water Resources Council Advisory Group
|
R.C. 1521.19
|
Ohio
Water Resources Council
|
R.C. 1521.19
|
Ohioana
Library Association, Martha Kinney Cooper Memorial, Board of Trustees
|
R.C. 3375.61,
3375.62
|
Oil
and Gas Commission
|
R.C. 1509.35
|
Organized
Crime Investigations Commission
|
R.C. 177.01
|
Pharmacy
and Therapeutics Committee of the Department of Job and Family Services
|
R.C. 5111.084
|
Physician
Assistant Policy Committee of the State Medical Board
|
R.C. 4730.05,
4730.06
|
Physician
Loan Repayment Advisory Board
|
R.C.
3702.81
|
Power
Siting Board
|
R.C. 4906.02
|
Prequalification
Review Board
|
R.C. 5525.07
|
Private
Water Systems Advisory Council
|
R.C. 3701.346
|
Public
Health Council
|
R.C. 3701.33,
3701.34
|
Public
Schools Health Care Advisory Committee
|
R.C. 9.901
|
Public
Utilities Commission Nominating Council
|
R.C. 4901.021
|
Public
Utility Property Tax Study Committee
|
R.C. 5727.85(K)
|
Radiation
Advisory Council
|
R.C. 3748.20
|
Reclamation
Commission
|
R.C. 1513.05
|
Reclamation
Forfeiture Fund Advisory Board
|
R.C. 1513.182
|
Recreation
and Resources Commission
|
R.C. 1501.04
|
Recycling
and Litter Prevention Advisory Council
|
R.C. 1502.04
|
Savings
and Loan Association and Savings Banks Board
|
R.C.
1181.16
|
School
and Ministerial Lands Divestiture Committee
|
R.C. 501.041
|
School
Employees Health Care Board
|
R.C. 9.901
|
School
Funding Advisory Council
|
R.C. 3306.29
|
Second
Chance Trust Fund Advisory Committee
|
R.C. 2108.35
|
Service
Coordination Workgroup
|
Section
751.20, H.B. 1, 128th General Assembly
|
Small Business Stationary Source
Technical and Environmental Compliance Assistance Council
|
R.C. 3704.19
|
Solid
Waste Management Advisory Council
|
R.C. 3734.51
|
Special
Commission to Consider the Suspension of Local Government Officials
|
R.C. 3.16
|
Speed
to Scale Task Force
|
Section
375.60.80, H.B. 119,
128th General Assembly
|
State
Agency Coordinating Group
|
R.C.
1521.19
|
State
Audit Committee
|
R.C. 126.46
|
State
Council of Uniform State Laws
|
R.C. 105.21
- 105.27
|
State
Criminal Sentencing Commission
|
R.C. 181.21
- 181.26
|
State
Fire Commission
|
R.C. 3737.81
|
State
Library Board
|
R.C. 3375.01
|
State
Victims Assistance Advisory Committee
|
R.C. 109.91(B)
and (C)
|
Statewide
Consortium of County Law Library Resource Boards
|
R.C. 3375.481
|
STEM
Committee
|
R.C. 3326.02
|
Student
Tuition Recovery Authority
|
R.C. 3332.081
|
Sunset
Review Committee
|
R.C. 101.84
- 101.87
|
Tax
Credit Authority
|
R.C. 122.17(M)
|
Technical
Advisory Committee to Assist Director of the Ohio Coal Development Office
|
R.C. 1551.35
|
Technical
Advisory Council on Oil and Gas
|
R.C. 1509.38
|
Transportation
Review Advisory Council
|
R.C.
5512.07 - 5512.09
|
Unemployment
Compensation Advisory Council
|
R.C. 4141.08
|
Unemployment
Compensation Review Commission
|
R.C. 4141.06
|
Unified
Long-Term Care Budget Work Group
|
Section
209.40, Am. Sub. H.B. 1,
128th General Assembly
|
Veterans
Advisory Committee
|
R.C. 5902.02(K)
|
Volunteer
Fire Fighters' Dependents Fund Boards (private volunteer)
|
R.C. 146.02
- 146.06
|
Volunteer
Fire Fighters' Dependents Fund Boards (public)
|
R.C. 146.02
- 146.06
|
Water
and Sewer Commission
|
R.C. 1525.11(C)
|
Waterways
Safety Council
|
R.C. 1547.73
|
Wildlife
Council
|
R.C. 1531.03
- 1531.05
|
Workers'
Compensation Board of Directors Nominating Committee
|
R.C. 4121.123
|
In connection with the renewal of the agencies listed above, the
bill makes changes to current law to facilitate the functioning of the
following agencies:
Early Childhood Advisory Council. This agency is created by
the Governor under current law and generally serves functions as described in
federal law. The bill imposes an additional duty, requiring the agency to develop
recommendations that explore the implementation of a single financing system
for early care and education programs that includes aligned payment mechanisms
and consistent eligibility and copayment policies. The Council must submit its
recommendations to the Governor. (R.C. 3301.90.)
Ohio Advisory Council for the Aging. The bill
revises the transition between members of the governing board, compensation,
and conflict of interest. Under current law any member may continue in office
subsequent to the expiration date of the member's term until a successor takes
office and is compensated for the period served between the expiration of the
member's term and the beginning of the successor's term; under the bill, no
member continues in office subsequent to the expiration date of the member's
term unless reappointed and no member may serve more than three consecutive
terms on the Council.
Under current law, Council members are compensated at the rate of $50
for each day actually employed in the discharge of official duties, up to
$2,000 per year, and in addition are allowed actual and necessary expenses.
The bill eliminates the payments of $50 per day, up to $2,000 per year, and
allows the Director of Aging to reimburse a member for actual and necessary
traveling and other expenses incurred in the discharge of official duties, but
the reimbursement must be made in the manner, and at rates that do not exceed
those, prescribed by the Director of Budget and Management for any officer,
member, or employee of, or consultant to, any state agency.
Current law prohibits Council members from having any direct or
indirect interest in any contract awarded by the Department of Aging. The bill
allows the Department to award grants to or enter into contracts with a Council
member if either (1) the Department determines that the Council member is
capable of providing the goods or services specified under the terms of the
grant or contract or (2) the Council member has not taken part in any
discussion or vote of the Council related to whether the Council should
recommend that the Department award the grant to or enter into the contract
with the Council member. Additionally, the bill specifies that a Council
member who receives an approved grant or contract award is not in violation of
the Ethics Law (Chapter 102.) or of the law that prohibits having an unlawful
interest in a public contract. (R.C. 173.03.)
Ohio Historic Site Preservation Advisory Board. The bill
renews the Ohio Historic Site Preservation Advisory Board, but transfers from
it to the Ohio Historical Society the function, pursuant to the application of
a person owning or in possession of a homestead or tract of land that has been
in the person's family for 100 years or more, of authenticating and recording
the homestead or tract of land in a register maintained by the Society. (R.C.
149.304.)
Multi-Agency Radio Communications System Steering Committee. The
bill establishes the Multi-Agency Radio Communications System Steering
Committee in permanent law. It will be subject to the Sunset Review Law in
2016. The agency was last continued by Am. Sub. H.B. 640 of the 123rd General
Assembly (R.C. 125.835, Section 4.25 of the bill).
Ohio Accountability Task Force. Under
current law, the task force is required to meet at least six times each
calendar year and at other times upon the call of the chair. The bill requires
the task force to meet at least once per calendar year and at the call of the
chair (R.C. 3702.021).
Academic Distress Commissions. Under current law,
the Superintendent of Public Instruction must establish an academic distress
commission for each school district that has been declared to be in a state of
academic emergency. Members of these commissions serve without compensation,
but are paid the necessary and actual expenses they incur. The bill specifies
that these expenses are to be paid by the school district for which the
commission is created (R.C. 3302.10).
Hospital Measures Advisory Council. The bill
authorizes the council and its subcommittees to form a quorum and take votes at
meetings conducted by interactive video teleconference if provisions are made
for public attendance at a location involved in such a teleconference. The
bill requires that a record be kept of council or subcommittee proceedings.
The records must be open to public inspection (R.C. 3727.311).
State Victims Assistance Advisory Council. The
bill changes the name of the "State Victims Assistance Advisory
Committee" to the "State Victims Assistance Advisory Council"
(R.C. 109.91).
State Fire Council. The bill changes the name of the
"State Fire Commission" to the "State Fire Council" (R.C.
3737.03, 3737.21, 3737.81, 3737.86, and 3737.88).
The Workers' Compensation Council was created in 2007 by Am. Sub.
H.B. 100 of the 127th General Assembly for the purpose of reviewing the
soundness of the workers' compensation system and legislation involving or
affecting the workers' compensation system. The bill generally retains the
Workers' Compensation Council but eliminates its funding and requires the
General Assembly to review the Council and its funding. (Sections 3 and 5.01
of the bill.)
The bill removes a requirement of current law for the
administrative costs of the Council to be borne by the public and private
employers subject to the Worker's Compensation Law and for the costs to be
allocated among those entities that are assessed (R.C. 4123.341, 4123.342, and
4123.35). The bill also makes corresponding changes, eliminating references to
the Director of the Workers' Compensation Council preparing and submitting a
budget and also eliminating the Director's authority to enter into a contract
with an actuary (R.C. 4121.03, 4121.121, 4121.77, and 4121.79; Sections 5.01
and 5.02 of the bill; Section 512.45 of Am. Sub. H.B. 100 of the 127th General
Assembly, as amended by Am. Sub. H.B. 15 of the 128th General Assembly).
The bill eliminates two funds, the Workers' Compensation Council Fund
(consisting of all money transferred into it by the Administrator of Workers’ Compensation
from employer assessments and used to pay the expenses of the Council) and the
Workers' Compensation Remuneration Fund (R.C. 127.14 and 4121.79). As soon as
possible after the Workers' Compensation Council Fund has been abolished, the
bill requires the Administrator of Workers' Compensation to refund to employers
unexpended, unencumbered amounts that were originally collected as an
assessment for costs attributable to the activities of the Workers'
Compensation Council (Section 5.01 of the bill).
The bill removes references to the Partnership for Continued
Learning, which was abolished by Am. Sub. H.B. 1, 128th General Assembly (R.C.
3313.6013 and 3345.062; Section 3 of Am. Sub. S.B. 311 of the 126th General
Assembly).
The bill removes references to a Council to advise the Director of
Health on the establishment and implementation of the birth defects information
system; the Council was abolished by Sub. H.B. 534 of the 123rd General
Assembly (R.C. 3705.35 and 3705.36).
The bill generally takes effect on the date that is three months
after the date on which the bill becomes law (Section 14 of the bill).
ACTION
|
DATE
|
|
|
Introduced
|
04-15-10
|
Reported, H. State Government
|
05-27-10
|
Passed House (98-0)
|
06-03-10
|
h0495-ph-128.docx/kl