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An attempt was made to recreate these historic documents. The original text was retained, however, during the process some errors in formatting may have been introduced. The official version of the act may be obtained from the Secretary of State's Office listed above.
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(123rd General Assembly)(Substitute House Bill Number 13)
AN ACT
To suspend section 103.14 of the Revised Code to create a
one-year pilot program under which the Legislative Budget Office
of the Legislative Service Commission analyzes the economic impact
of certain bills and resolutions on Ohio businesses, to require the
Legislative Budget Officer of the Legislative Budget Office of the Legislative
Service Commission to cause certain tasks to be performed that will facilitate
the carrying out of the office's economic impact analyses-related functions,
to create
another pilot program under which two state rule-making agencies
analyze the economic impact of rules on Ohio businesses, to allow the
Director of the Legislative Service Commission to employ a professional staff
member to gather technological data and information, to exempt the Wright
Technology Network from the matching contribution requirement for a grant
under the Thomas Alva Edison Grant Program for the 1999-2001 biennium, and to
declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . The operation of the provisions of section 103.14 of
the Revised Code is hereby suspended for a one-year period
commencing with the effective date of this act. Instead, during
that one-year period, the provisions of Section 1, Sections
1.01 to 1.05, and Section 2 of this act shall apply to the preparation by the
Legislative Budget Office of the Legislative Service Commission of
fiscal analyses of bills or resolutions introduced in the General
Assembly that appear to affect the revenues or expenditures of the
state or a county, municipal corporation, township, school
district, or other governmental entity of the state or that may
have a significant economic impact on Ohio businesses.
SECTION 1.01 . During the one-year period commencing with the
effective date of this act, if a bill or resolution introduced in
the General Assembly appears to affect the revenues or
expenditures of the state or a county, municipal corporation,
township, school district, or other governmental entity of the
state, or if the provisions of Section 1.04 of this act apply to a
bill or resolution, the Legislative Budget Office of the
Legislative Service Commission shall, before the bill or
resolution is recommended for passage by the House of
Representatives committee or the Senate committee of the General
Assembly to which the bill or resolution was referred and again
before the bill or resolution is taken up for final consideration
by either house of the General Assembly, prepare a fiscal analysis
of the bill or resolution. The fiscal analysis shall include an
estimate, in dollars, of the amount by which the bill or
resolution would increase or decrease revenues or expenditures,
shall include the information required by Section 1.04 of this act
when that section applies, and shall include any other information
that the Legislative Budget Office considers necessary to explain
the fiscal effect of the bill or resolution.
SECTION 1.02 . The Legislative Budget Office shall distribute
copies of a fiscal analysis in accordance with either of the
following:
(A) For consideration by the Senate or House of Representatives
rules committee, or the standing committee to which a bill is
referred, two copies to the chairperson together with a copy to
each member of the committee; (B) For final consideration, a copy to each member of the house
that is considering the bill or resolution. If the member who introduced the bill or resolution is not a
member of the house or rules committee considering the bill or
resolution, the Legislative Budget Office shall send the member a
copy. SECTION 1.03 . In preparing a fiscal analysis, the Legislative
Budget Office may request any department, division, institution,
board, commission, authority, bureau, or other instrumentality or
officer of the state, or a county, municipal corporation,
township, school district, or other governmental entity of the
state to provide any of the following information:
(A) An estimate, in dollars, of the amount by which the bill or
resolution would increase or decrease the revenues or expenditures
received or made by the instrumentality, officer, or entity; (B) Any other information the Legislative Budget Office considers
necessary for it to understand or explain the fiscal effect of the
bill or resolution. An instrumentality, officer, or entity shall comply with a request
as soon as reasonably possible after it receives the request. The
Legislative Budget Office shall specify the manner of compliance
in its request and, if necessary, may specify a longer period of
time than five days for compliance. The Legislative Budget Office
may consider any information provided under this section in
preparing a fiscal analysis. SECTION 1.04 . (A) As used in this section:
(1) "Ohio business" means a sole proprietorship or business
organization doing business in Ohio, regardless of whether it is
domiciled in Ohio. (2) "Small business" has the same meaning as in section 121.24 of
the Revised Code. (B) The Speaker of the House of Representatives and the President
of the Senate shall designate for their respective houses three
standing committees for purposes of the conduct in accordance with
this section of a one-year pilot program involving the Legislative
Budget Office's inclusion of specified economic impact analyses in
its fiscal analyses of certain bills or resolutions. (C) If the chairperson of a standing committee that has been
designated by the Speaker of the House of Representatives or the
President of the Senate pursuant to division (B) of this section
and to which a bill or resolution is referred believes that the
bill or resolution may have a significant economic impact on Ohio
businesses, the chairperson, after consulting with the ranking
minority member of the standing committee, may submit a request to
the Legislative Budget Office to prepare, in the form, within the
time frame, and under the circumstance described in divisions (D),
(E), and (F) of this section, an economic impact analysis of the
specified bill or resolution. A chairperson of a designated
standing committee may submit this type of request up to three
times within the one-year period of the pilot program. Upon
receipt of this type of request, the Legislative Budget Office
shall comply with division (D) of this section. (D) Within one week after receiving a request for an economic
impact analysis under division (C) of this section, the
Legislative Budget Office shall conduct preliminary general
research in order to determine whether there is a likelihood that
the bill or resolution in question may have a significant economic
impact on Ohio businesses, shall prepare a brief written document
stating the nature of the research so conducted and setting forth
the determination whether there is or is not a
likelihood that the bill or resolution may have a significant
economic impact on Ohio businesses, and shall deliver a copy of
that document to the chairperson who submitted the request for the
economic impact analysis. (E) If the written document that the Legislative Budget Office
prepares under division (D) of this section sets forth a
determination that there is not a likelihood that the bill or
resolution in question may have a significant economic impact on
Ohio businesses, the office is not required to prepare the
requested economic impact analysis of the bill or resolution. (F) If the written document that the Legislative Budget Office
prepares under division (D) of this section sets forth a
determination that there is a likelihood that the bill or
resolution in question may have a significant economic impact on
Ohio businesses, then, within forty-five days after complying with
division (D) of this section, the office shall prepare and
distribute in the manner described in Section 1.02 of this act an
economic impact analysis as part of a fiscal analysis of the bill
or resolution prepared in the manner described in
Sections 1.01 to 1.03 of this act. The economic impact analysis
shall include all of the following: (1) The office's determination that there is a likelihood that the bill or
resolution may have a significant economic impact on Ohio
businesses; (2) To the extent it is practicable to so determine, the office's
determination as to whether the bill or resolution may
significantly increase or decrease the revenues or expenditures of
Ohio businesses in general; (3) To the extent it is practicable to so determine, the office's
determination as to whether aspects of the bill or resolution may
significantly impact Ohio small businesses in particular,
including, but not limited to, those aspects of the bill or
resolution that may uniquely increase or decrease the revenues or
expenditures of Ohio small businesses or that may uniquely impact
their access to a workforce; (4) To the extent it is practicable to so determine, the office's
determination as to whether aspects of the bill or resolution may
significantly impact particular segments of Ohio industry or other
forms of business, including, but not limited to, those aspects of
the bill or resolution that may have variable geographical
impacts, such as higher or lower electric utility rates for
industries or other businesses located in certain parts of the
state or unique ramifications for
Ohio industries or other businesses located in the counties of this state that
border Michigan, Pennsylvania, West Virginia, Kentucky, or
Indiana; (5) Any other information that the office considers necessary to
include in order to fully explain the significant economic impact that the
bill or resolution may have on Ohio businesses. (G) Not later than April 1, 2001, the
Legislative Budget Officer shall submit a report on the one-year
pilot program conducted pursuant to this section to the President
and Minority Leader of the Senate, the Speaker and Minority Leader
of the House of Representatives, the Governor, and the Director of
the Legislative Service Commission. In the report, the Legislative Budget
Officer shall recommend whether the pilot program should be
continued and, if so, also shall make recommendations with respect
to all of the following: (1) Whether the program should be continued as a pilot program
for a specified period of time or made a permanent function of the
office by appropriate revisions to section 103.14 of the Revised
Code. In connection with this recommendation, the Legislative Budget Officer
shall comment upon whether the office's fulfillment of
its responsibilities in connection with the pilot program, in
addition to its other statutory and nonstatutory responsibilities,
created staffing, workload, budgetary, or other problems for the
office. (2) Whether the program should be expanded to include other
standing committees of the House of Representatives and the
Senate, and whether those committees should continue to be
designated by the Speaker of the House of Representatives and the
President of the Senate; (3) Whether changes in the operation of the program are advisable
to improve the value of the program to the members of the General
Assembly in determining whether to vote in favor of or against
particular bills or resolutions; (4) Any other matters the Legislative Budget Officer considers worthwhile
in light of the objectives of the program. In the report, the Legislative Budget Officer shall explain, and provide
reasons for, each of the Legislative Budget Officer's recommendations. SECTION 1.05 . The failure of the Legislative Budget Office to
prepare a fiscal analysis before a bill or resolution is taken up
for consideration by a committee of the House of Representatives
or Senate, or by either or both houses for final consideration,
shall not be construed to impair the validity of any bill or
resolution passed by either or both houses of the General
Assembly.
SECTION 2 . The Legislative Budget Officer of the Legislative Budget
Office of the Legislative Service Commission shall do all of the following:
(A) With the approval of the Director of the Legislative Service
Commission,
employ and fix the compensation of any necessary technical, professional, or
clerical staff members, or contract for the
professional services of any necessary economists or other consultants, to
carry out the Legislative Budget Office's responsibilities under
Section 1.04 of this act; (B) For the purpose of facilitating the Legislative Budget
Office's carrying out
of its responsibilities under Section 1.04 of
this act,
designate one or more staff members of the Legislative Budget Office to
conduct ongoing research and to gather necessary data and other information,
including, but not limited to,
data and other information pertaining to the following: (1) The various types of Ohio businesses, including, in
particular, small
businesses as defined in section 121.24 of the Revised Code
and businesses
located in the counties of this state that border Michigan,
Pennsylvania, West
Virginia, Kentucky, or Indiana; (2) The current status of the economy of this state and of the economy of
the United States; (3) Current economic trends in this state and generally in the
United States; (4) Technological advancements and technological issues that have or may
have a
significant economic impact upon Ohio businesses, including, in
particular, data
and other information indicating the extent to which Ohio
businesses are or are
not maintaining their operations in a technologically up-to-date
manner and
thereby promoting or failing to promote their own competitiveness and
Ohio
business competitiveness in general. (C) Maintain the data and information gathered pursuant to
division (B) of this
section, together with a directory to that data and information, in any
appropriate manner that will facilitate the Legislative Budget Office's
carrying
out its responsibilities under Section 1.04 of
this act, including if appropriate, but not limited to, maintaining all
or portions of the data, information, and associated directory by means of
computer technology. SECTION 3 . As used in Sections 3 and 3.01 to 3.05 of this act:
(A) "Ohio business" means a sole proprietorship or business
organization doing business in Ohio, regardless of whether it is
domiciled in Ohio. (B) "Participating agency" means the Environmental Protection
Agency and the Department of Development. (C) "Rule" means a proposed new rule adopted under Chapter 119. of the
Revised Code. "Rule" does not include the amendment or rescission of an
existing rule. If and when a proposed new rule is filed under
divisions (B) and (H) of section 119.03 of the Revised Code,
"rule" means only the original and not any revised version of the
proposed new rule. (D) "Small business" has the same meaning as in section 121.24 of the Revised
Code. SECTION 3.01 . The participating agencies shall conduct a pilot
program under which, during the course of a participating agency's
development and proposal of a rule, the participating agency
analyzes in the manner specified in division (D) of Section 3.02 of this act
the potential economic impact the rule may have on Ohio
businesses.
Unless exempt, a rule is
subject to the pilot program only if a participating agency files
an original proposed version of the rule under divisions (B) and
(H) of section 119.03 of the Revised Code on or after January 1,
2000, and before January 1, 2001.
SECTION 3.02 . The participating agencies, in the course of
developing and proposing a rule during the pilot program, shall:
(A) Make a good faith effort to identify Ohio businesses that may
be significantly affected economically by the rule were it to be adopted; (B) Make a good faith effort to identify leading individuals who
are involved in the Ohio businesses identified under division (A)
of this section; (C) Invite the individuals identified under division (B) of this
section to comment on the potential economic impact the rule may
have on Ohio businesses in general and on their businesses in
particular; (D) Analyze, applying any information submitted under division
(C) of this section and the participating agency's own expertise
and experience, the potential economic impact the rule
may have on the Ohio businesses identified under division (A) of
this section.
This analysis shall include all of the following: (1) To the extent it is practicable to so determine, the
participating agency's determination as to whether the rule may
significantly increase or decrease the cost to Ohio businesses of
regulatory compliance; (2) To the extent it is practicable to so determine, the
participating agency's determination as to whether the rule may
significantly increase or decrease the overall regulatory burden
of Ohio businesses; (3)
To the extent it is
practicable to so determine, the participating agency's
determination as to the
impact, if any, that the rule may have on the period of
time involved in the participating agency's issuance of any
license, permit, or other form of authorization; (4) Any other information that the participating agency considers
necessary to include in order to fully explain the significant
economic impact that the rule may have on Ohio businesses. (E) Prepare an economic impact statement that, in textual
narrative format, reports the results of the analysis conducted
under division (D) of this section; (F) Invite further comment and revise the analysis and economic
impact statement whenever the rule is revised during the course of its
development and proposal in such a way that the analysis is altered; and (G) Include a current economic impact statement as part of the
rule summary and fiscal analysis that is prepared for the rule if
and when the rule is filed in original form under
divisions (B) and (H) of section 119.03 of the Revised Code. If the rule would be subject to small business review under
section 121.24 of the Revised Code, the invitation to comment, and
the analysis and economic impact statement, are to invite comment
on, and give particular attention to, the potential economic
impact the rule may have on Ohio small businesses. A
participating agency shall include the economic impact statement
as part of any rule summary and fiscal analysis it prepares for
purposes of division (B)(1) of section 121.24 of the Revised Code. A participating agency shall include the invitation to comment in
a public notice prepared with respect to a rule under division (A)
of section 119.03 of the Revised Code and shall send a copy of
the amplified public notice to each individual identified under
division (B) of this section. If a participating agency sets forth in writing that it
identifies no Ohio businesses under division (A) of this section
in connection with a proposed rule, the agency is not required to
prepare an analysis of that rule under division (D) of this
section or an economic impact statement with respect to that rule
under division (E) of this section. SECTION 3.03 . The Joint Committee on Agency Rule Review, during
the pilot program, shall review economic impact statements for
completeness and accuracy in light of the objectives of the pilot
program.
The joint committee may return an economic impact statement to a
participating agency for revision if the joint committee, by vote
of two-thirds of all its members, finds that the participating
agency has not made a good faith effort to prepare a complete and
accurate economic impact statement in light of the objectives of
the pilot program. The joint committee shall inform the
participating agency in writing of its findings and of the reasons
for them. When the joint committee returns an economic impact statement to a
participating agency, the time within which the Senate and House
of Representatives must adopt a concurrent resolution invalidating
the proposed rule to which the statement applies thereupon stops
running. Within thirty days after receiving the returned economic impact
statement, the participating agency shall withdraw the
proposed rule to which the statement applies,
notify the joint committee of
its intent to file a revised version of the rule in the future,
or revise the economic impact statement and resubmit it to the joint
committee.
If the participating agency fails to withdraw the proposed
rule, to notify the joint committee of its
intent to file a revised version of the rule in the future, or to resubmit a
revised economic impact statement within the
thirty-day period, the proposed rule is invalid the same as if the
Senate and House of Representatives had adopted a concurrent
resolution invalidating the proposed rule. The joint committee shall review a resubmitted revised economic
impact statement. If the joint committee, by vote of two-thirds
of all its members, finds that the participating agency, in
revising and resubmitting the economic impact statement, has not
made a good faith effort to prepare a complete and accurate
economic impact statement in light of the objectives of the pilot
program, it may either: (A) Return the resubmitted revised economic impact statement to
the participating agency for revision, resubmission, and review,
as in the case of the original statement; or (B) Recommend that the Senate and House of Representatives adopt
a concurrent resolution invalidating the proposed rule to which
the resubmitted revised economic impact statement applies. The Senate and House of Representatives may adopt a concurrent
resolution invalidating a proposed rule as contemplated by this
section not later than the thirtieth day after the revised
economic impact statement applying to the proposed rule is
resubmitted to the joint committee. SECTION 3.04 . (A) The following rules are exempt from the pilot
program:
(1) A rule that
a participating agency has determined should be exempt from the five-year
review requirement of section 119.032 of the Revised Code; (2) A rule adopted under the emergency rule-making procedure of
division (F) of section 119.03 of the Revised Code, except that
the rule, unless otherwise exempt, is subject to the pilot program
when it is readopted under the nonemergency rule-making procedure; (3) A rule that
is substantially and procedurally identical
to a federal law or rule in order to continue the
operation of a federally reimbursed program in this state, so long
as the rule contains a statement that it is proposed for the
purpose of complying with a federal law or rule and a citation to
that federal law or rule. (B) A participating agency in writing may request the Joint
Committee on Agency Rule Review to exempt from the pilot program a
rule that otherwise would be subject to the program. The
participating agency shall provide reasons for the requested
exemption. The joint committee, within thirty days after receiving a request
for exemption and by vote of a majority of all its members, may
grant the exemption if it finds that the objectives of the pilot
program will not be adversely affected if the rule is not included
in the pilot program. The joint committee shall notify the
participating agency in writing of its action on the request. If
the joint committee does not act on the request within thirty days
after receiving it, the request is deemed to have been approved. SECTION 3.05 . Not later than April 1, 2001, the participating
agencies and the Joint Committee on Agency Rule Review shall each
separately submit a report on the pilot program to the President
and Minority Leader of the Senate, the Speaker and Minority Leader
of the House of Representatives, the Governor, and the Director of the
Legislative Service Commission. In their reports, the participating agencies
and joint committee shall recommend whether the pilot program should be
continued and, if so, also shall recommend:
(A) Whether the program should be continued as a pilot program
for a specified period of time or made a permanent program by
appropriate revisions to the Revised Code; (B) Whether the program should be expanded to include other
rule-making agencies; (C) Whether different or additional exemptions to the program are
advisable; (D) Whether changes in the operation of the program are advisable
to improve its efficiency or to make it more likely that its
objectives will be achieved; and (E) Any other matters the participating agency or joint committee
considers worthwhile in light of the objectives of the program. In their reports, a participating agency and the joint committee
shall explain, and provide reasons for, each of its
recommendations. SECTION 4 . The Director of the Legislative Service Commission may
employ and fix the compensation of a professional staff member for
the purpose of conducting ongoing research and gathering necessary
data and other information pertaining to technological
advancements and technological issues that may have relevance in
the preparation of legislation or research memoranda for members
of the General Assembly.
SECTION 5 . Notwithstanding division (C)(3) of section 122.33 of the Revised
Code, the Director of Development shall waive any requirements for matching
contributions for the Wright Technology Network during the 1999-2001 biennium.
SECTION 6 . This act is hereby declared to be an emergency measure
necessary for the immediate preservation of the public peace,
health, and safety. The reason for this necessity is so that the
General Assembly will be able to take immediate action regarding
the possible significant economic impact of certain bills,
resolutions, and rules on Ohio businesses. Therefore, this act
shall go into immediate effect.
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