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|
As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 548 |
REPRESENTATIVES TERWILLEGER-TIBERI-MEAD-CORBIN-ALLEN-
CALLENDER-WILLAMOWSKI-GRENDELL-NETZLEY-JOLIVETTE-
VESPER-DAMSCHRODER-O'BRIEN-HOLLISTER-VAN VYVEN
A BILL
To amend sections 101.84, 3109.401, and 3318.30, to amend, for the purpose of
adopting a
new section number as indicated in parentheses, section 101.84
(101.83), to enact new section 101.84 and sections 101.85, 101.86,
and 101.87 of the Revised Code, and to amend Section 27 of Sub.
H.B. 670 of the 121st General Assembly to extend the expiration
date of a number of state agencies, to create the Sunset Review
Committee, and to terminate the operation of certain provisions of this act on
December 31, 2004, by repealing sections 101.84, 101.85, 101.86, and 101.87 of
the Revised Code on that date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.84, 3109.401, and 3318.30 be amended, section
101.84 (101.83) be amended for the purpose of adopting a new section number as
indicated in parentheses, and new section 101.84 and sections 101.85, 101.86,
and 101.87 of the Revised Code be enacted to read as follows:
Sec. 101.84 101.83. (A) An agency in existence on January 1,
1997 2001, shall expire on DECEMBER 31, 2004,
UNLESS THE AGENCY IS RENEWED IN ACCORDANCE WITH DIVISION (D) OF THIS
SECTION AND, IF SO RENEWED, SHALL EXPIRE THEREAFTER ON the thirty-first
day
of December of the
fourth year after the year in which it was most recently renewed,
unless the agency is renewed in accordance with division (D) of
this section. An agency created after January 1, 1997 2001,
that is
created on the thirty-first day of December shall expire not
later than four years after its creation, UNLESS THE AGENCY IS
RENEWED IN ACCORDANCE WITH
DIVISION (D) OF THIS SECTION. An agency created
after January 1, 1997 2001, that is created on any other date
shall be
considered for the purpose of this section to have been created
on the preceding thirty-first day of December, and THE AGENCY
shall expire
not later than four years after the date it was considered to
have been created, UNLESS THE AGENCY IS RENEWED IN ACCORDANCE WITH
DIVISION (D) OF THIS SECTION. Any act creating or renewing an
agency shall
contain a distinct section providing a specific expiration date
for the agency in accordance with this division.
(B) If the general assembly does not renew or transfer an
agency on or before its expiration date, it shall expire on that
date.
The auditor of state shall not authorize the expenditure of
any moneys for any agency on or after the date of its expiration.
(C) The general assembly may provide by law for the
orderly, efficient, and expeditious conclusion of an agency's
business and operation. The rules, orders, licenses, contracts,
and other actions made, taken, granted, or performed by the
agency shall continue in effect according to their terms
notwithstanding the agency's abolition, unless the general
assembly provides otherwise by law. The general assembly may
provide by law for the temporary or permanent transfer of some or
all of a terminated or transferred agency's functions and
personnel to a successor agency or officer.
The abolition, termination, or transfer of an agency shall
not cause the termination or dismissal of any claim pending
against the agency by any person, or any claim pending against
any person by the agency. Unless the general assembly provides
otherwise by law for the substition SUBSTITUTION of parties, the
attorney
general shall succeed the agency with reference to any pending
claim.
(D) An agency may be renewed by passage of a bill
that continues the statutes creating and empowering
the agency or, that amends or repeals those statutes, or
THAT enacts new statutes,
to improve agency usefulness, performance, or effectiveness.
Sec. 101.84. (A) THERE IS HEREBY CREATED THE SUNSET REVIEW
COMMITTEE, TO BE COMPOSED OF NINE MEMBERS. THE PRESIDENT OF THE SENATE SHALL
APPOINT THREE MEMBERS OF THE SENATE TO THE COMMITTEE, NOT MORE THAN TWO OF
WHOM SHALL BE MEMBERS OF THE SAME POLITICAL PARTY. THE SPEAKER OF THE HOUSE
OF REPRESENTATIVES SHALL APPOINT THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES
TO THE COMMITTEE, NOT MORE THAN TWO OF WHOM SHALL BE MEMBERS OF THE SAME
POLITICAL PARTY. THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE,
SHALL APPOINT THREE MEMBERS TO THE COMMITTEE, NOT MORE THAN TWO OF WHOM SHALL
BE MEMBERS OF THE SAME POLITICAL PARTY. MEMBERS SHALL BE APPOINTED WITHIN
FIFTEEN DAYS AFTER THE COMMENCEMENT OF THE FIRST REGULAR SESSION OF EACH
GENERAL ASSEMBLY.
(B) EACH MEMBER OF THE COMMITTEE WHO IS APPOINTED BY THE
PRESIDENT OF THE SENATE OR THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL
SERVE UNTIL THAT COMMITTEE MEMBER'S SUCCESSOR IS APPOINTED OR UNTIL THAT
COMMITTEE MEMBER NO LONGER IS A MEMBER OF THE SENATE OR THE HOUSE OF
REPRESENTATIVES, WHICHEVER IS APPLICABLE. EACH MEMBER OF THE COMMITTEE WHO IS
APPOINTED BY THE GOVERNOR SHALL SERVE A TWO-YEAR TERM THAT ENDS ON THE
THIRTY-FIRST DAY OF DECEMBER OF EACH EVEN-NUMBERED YEAR. A VACANCY
ON THE COMMITTEE SHALL BE FILLED IN THE SAME MANNER AS THE ORIGINAL
APPOINTMENT.
IN THE FIRST REGULAR SESSION OF A GENERAL ASSEMBLY, THE CHAIRPERSON OF THE
COMMITTEE SHALL BE A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND THE
VICE-CHAIRPERSON OF THE COMMITTEE SHALL BE A MEMBER OF THE SENATE. IN THE
SECOND REGULAR SESSION OF THE GENERAL ASSEMBLY, THE CHAIRPERSON OF THE
COMMITTEE SHALL BE A MEMBER OF THE SENATE, AND THE VICE-CHAIRPERSON OF THE
COMMITTEE SHALL BE A MEMBER OF THE HOUSE OF REPRESENTATIVES.
MEMBERS OF THE COMMITTEE SHALL RECEIVE NO COMPENSATION, BUT SHALL BE
REIMBURSED FOR THEIR NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR
OFFICIAL DUTIES.
(C) THE COMMITTEE SHALL MEET NOT LATER THAN THIRTY DAYS AFTER THE
FIRST DAY OF THE FIRST REGULAR SESSION OF THE GENERAL ASSEMBLY TO CHOOSE A
CHAIRPERSON AND THE SCHEDULE FOR AGENCY REVIEW PROVIDED FOR IN SECTION 101.85
of the Revised Code OR PERFORM OTHER COMMITTEE DUTIES UNDER SECTIONS 101.82 TO 101.87 of the Revised Code.
FIVE MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM FOR THE CONDUCT OF
COMMITTEE BUSINESS.
Sec. 101.85. (A) THE SUNSET REVIEW COMMITTEE, NOT LATER THAN
APRIL 1, 2001, SHALL SCHEDULE FOR REVIEW EACH AGENCY IN EXISTENCE ON
JANUARY 1, 2001. THE COMMITTEE, BY A UNANIMOUS VOTE, ALSO MAY
SCHEDULE FOR REVIEW ANY STATE BOARD OR COMMISSION DESCRIBED IN DIVISION
(A)(9) OF SECTION 101.82 of the Revised Code THAT IS IN EXISTENCE ON THAT DATE, AND
ANY BOARD OR COMMISSION SO SCHEDULED SHALL BE CONSIDERED AN AGENCY FOR
PURPOSES OF SECTIONS 101.82 TO 101.87 of the Revised Code.
(B) THE CHAIRPERSON OF THE COMMITTEE SHALL SEND A COPY OF THE
SCHEDULE FOR REVIEW OF AGENCIES FOR EACH CALENDAR YEAR TO EACH OF THE AGENCIES
SCHEDULED FOR REVIEW DURING THAT YEAR AND TO THE DIRECTOR OF THE LEGISLATIVE
SERVICE COMMISSION. THE DIRECTOR SHALL PUBLISH A COPY OF THE SCHEDULE IN THE
OHIO ADMINISTRATIVE CODE AND IN THE REGISTER OF
OHIO CREATED UNDER SECTION 103.051 of the Revised Code. THE COMMISSION SHALL
PROVIDE THE COMMITTEE WITH A LIST OF AGENCIES, AND STATE BOARDS AND
COMMISSIONS DESCRIBED IN DIVISION (A)(9) OF SECTION 101.82 of the Revised Code, IN
EXISTENCE ON JANUARY 1, 2001, TO ASSIST THE COMMITTEE IN IDENTIFYING
AGENCIES AND EXERCISING ITS DUTIES UNDER SECTIONS 101.82 TO 101.87 of the Revised Code WITH
RESPECT TO THOSE AGENCIES.
Sec. 101.86. (A) NOT LATER THAN TWELVE MONTHS PRIOR TO THE DATE
ON WHICH AN AGENCY IN EXISTENCE ON JANUARY 1, 2001, IS SCHEDULED TO
EXPIRE UNDER DIVISION (A) OF SECTION 101.83 of the Revised Code, THE SUNSET REVIEW
COMMITTEE SHALL HOLD HEARINGS TO RECEIVE THE TESTIMONY OF THE PUBLIC AND OF
THE CHIEF EXECUTIVE OFFICER OF EACH AGENCY SCHEDULED FOR REVIEW AND OTHERWISE
SHALL CONSIDER AND EVALUATE THE USEFULNESS, PERFORMANCE, AND EFFECTIVENESS OF
THE AGENCY.
(B) EACH AGENCY THAT IS SCHEDULED FOR REVIEW SHALL SUBMIT TO THE
COMMITTEE A REPORT THAT CONTAINS ALL OF THE FOLLOWING INFORMATION:
(1) THE AGENCY'S PRIMARY PURPOSE AND ITS VARIOUS GOALS AND OBJECTIVES;
(2) THE AGENCY'S PAST AND ANTICIPATED WORK LOAD, THE NUMBER OF STAFF
REQUIRED TO COMPLETE THAT WORK LOAD, AND THE AGENCY'S TOTAL NUMBER OF STAFF;
(3) THE AGENCY'S PAST AND ANTICIPATED BUDGETS AND ITS SOURCES OF FUNDING;
(4) THE NUMBER OF MEMBERS OF ITS GOVERNING BOARD OR OTHER ENTITY AND THEIR
COMPENSATION, IF ANY.
(C) EACH AGENCY SHALL HAVE THE BURDEN OF DEMONSTRATING TO THE
COMMITTEE A PUBLIC NEED FOR ITS CONTINUED EXISTENCE. IN DETERMINING WHETHER
AN AGENCY HAS DEMONSTRATED THAT NEED, THE COMMITTEE SHALL CONSIDER ALL OF THE
FOLLOWING:
(1) THE EXTENT TO WHICH THE AGENCY HAS PERMITTED QUALIFIED APPLICANTS TO
SERVE THE PUBLIC;
(2) THE COST-EFFECTIVENESS OF THE AGENCY IN TERMS OF NUMBER OF EMPLOYEES,
SERVICES RENDERED, AND ADMINISTRATIVE COSTS INCURRED, BOTH PAST AND PRESENT;
(3) THE EXTENT TO WHICH THE AGENCY HAS OPERATED IN THE PUBLIC INTEREST,
AND WHETHER ITS OPERATION HAS BEEN IMPEDED OR ENHANCED BY EXISTING STATUTES
AND PROCEDURES AND BY BUDGETARY, RESOURCE, AND PERSONNEL PRACTICES;
(4) WHETHER THE AGENCY HAS RECOMMENDED STATUTORY CHANGES TO THE GENERAL
ASSEMBLY THAT WOULD BENEFIT THE PUBLIC AS OPPOSED TO THE PERSONS REGULATED BY
THE AGENCY, IF ANY, AND WHETHER ITS RECOMMENDATIONS AND OTHER POLICIES HAVE
BEEN ADOPTED AND IMPLEMENTED;
(5) WHETHER THE AGENCY HAS REQUIRED ANY PERSONS IT REGULATES TO REPORT TO
IT THE IMPACT OF AGENCY RULES AND DECISIONS ON THE PUBLIC AS THEY AFFECT
SERVICE COSTS AND SERVICE DELIVERY;
(6) WHETHER PERSONS REGULATED BY THE AGENCY, IF ANY, HAVE BEEN REQUIRED TO
ASSESS PROBLEMS IN THEIR BUSINESS OPERATIONS THAT AFFECT THE PUBLIC;
(7) WHETHER THE AGENCY HAS ENCOURAGED PUBLIC PARTICIPATION IN ITS
RULE-MAKING AND DECISION-MAKING;
(8) THE EFFICIENCY WITH WHICH FORMAL PUBLIC COMPLAINTS FILED WITH THE
AGENCY HAVE BEEN PROCESSED TO COMPLETION;
(9) WHETHER THE PROGRAMS OR SERVICES OF THE AGENCY DUPLICATE OR OVERLAP
THOSE OF OTHER AGENCIES;
(10) WHETHER THE PURPOSE FOR WHICH THE AGENCY WAS CREATED HAS BEEN
FULFILLED, HAS CHANGED, OR NO LONGER EXISTS;
(11) WHETHER FEDERAL LAW REQUIRES THAT THE AGENCY BE RENEWED IN SOME FORM;
(12) CHANGES NEEDED IN THE ENABLING LAWS OF THE AGENCY IN ORDER FOR IT TO
COMPLY WITH THE CRITERIA SUGGESTED BY THE CONSIDERATIONS LISTED IN DIVISIONS
(C)(1) TO (11) OF THIS SECTION.
(D) IN ITS INITIAL REVIEW OF EACH AGENCY, THE COMMITTEE, WHENEVER
POSSIBLE, SHALL REALIGN AGENCY TITLES TO CONFORM TO THE FOLLOWING
DESCRIPTIONS:
(1) COMMISSION: AN ADMINISTRATIVE APPEALS OR HEARING AGENCY;
(2) AUTHORITY: AN AGENCY EMPOWERED TO ISSUE BONDS OR NOTES;
(3) BOARD: AN AGENCY HAVING A LICENSING FUNCTION ONLY;
(4) COUNCIL: AN ADVISORY BODY TO A MAJOR AGENCY OR DEPARTMENT;
(5) COMMITTEE: AN ADVISORY BODY TO A MINOR AGENCY OR DEPARTMENT.
Sec. 101.87. (A) AFTER THE COMPLETION OF THE EVALUATION OF ALL
AGENCIES UNDER SECTION 101.86 of the Revised Code, THE SUNSET REVIEW COMMITTEE SHALL PREPARE
AND PUBLISH A REPORT OF ITS FINDINGS AND RECOMMENDATIONS. THE COMMITTEE SHALL
FURNISH A COPY OF THE REPORT TO THE PRESIDENT OF THE SENATE, THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES, THE GOVERNOR, AND EACH AFFECTED AGENCY. THE
REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC IN THE OFFICES OF THE HOUSE AND
SENATE CLERKS DURING REASONABLE HOURS. AS PART OF THE REPORT, THE COMMITTEE
SHALL RECOMMEND TO THE GENERAL ASSEMBLY, IN BILL FORM, ONE OR MORE OF THE
FOLLOWING:
(1) AMENDMENT OR REPEAL OF THE STATUTES THAT CREATED AND EMPOWERED AN
AGENCY, TO ABOLISH OR TERMINATE THE AGENCY;
(2) AMENDMENT OR REPEAL OF THE STATUTES THAT CREATED AND EMPOWERED AN
AGENCY, OR ENACTMENT OF NEW STATUTES, TO TERMINATE THE AGENCY, TO TRANSFER THE
AGENCY, OR TO IMPROVE THE AGENCY'S USEFULNESS, PERFORMANCE, OR EFFECTIVENESS;
(3) AMENDMENT OR REPEAL OF THE STATUTES THAT CREATED AND EMPOWERED TWO OR
MORE AGENCIES, OR ENACTMENT OF NEW STATUTES, TO
REORGANIZE OR TRANSFER THEM AND THEREBY IMPROVE AGENCY USEFULNESS,
PERFORMANCE, OR EFFECTIVENESS;
(4) AMENDMENT OR CONTINUATION OF THE STATUTES THAT CREATED AND EMPOWERED
AN AGENCY, OR ENACTMENT OF NEW STATUTES, TO RENEW THE AGENCY.
(B) RECOMMENDATIONS MADE BY THE COMMITTEE SHALL INDICATE HOW OR
WHETHER THEIR IMPLEMENTATION WILL DO EACH OF THE FOLLOWING:
(1) PROMOTE ECONOMY IN THE OPERATION OF STATE GOVERNMENT;
(2) IMPROVE EFFICIENCY IN THE MANAGEMENT OF STATE GOVERNMENT;
(3) IMPROVE SERVICES RENDERED TO CITIZENS OF THE STATE;
(4) SIMPLIFY AND IMPROVE PREPARATION OF THE STATE BUDGET;
(5) CONSERVE THE NATURAL RESOURCES OF THE STATE;
(6) PROMOTE THE ORDERLY GROWTH OF THE STATE AND ITS GOVERNMENT;
(7) IMPROVE THE EFFECTIVENESS OF THE SERVICES PERFORMED BY THE SERVICE
DEPARTMENTS OF THE STATE, INCLUDING THE OFFICE OF BUDGET AND MANAGEMENT AND
THE DEPARTMENT OF ADMINISTRATIVE SERVICES;
(8) AVOID DUPLICATION OF EFFORT BY STATE AGENCIES;
(9) IMPROVE THE ORGANIZATION AND COORDINATION OF THE STATE GOVERNMENT IN
ONE OR MORE OF THE WAYS LISTED IN DIVISIONS (B)(1) TO (8) OF
THIS SECTION.
(C) THE OFFICE OF BUDGET AND MANAGEMENT, DEPARTMENT OF
ADMINISTRATIVE SERVICES, STATE AUDITOR, LEGISLATIVE SERVICE COMMISSION, AND
ANY OTHER STATE AGENCY SHALL SUPPLY, UPON THE COMMITTEE'S REQUEST, THE
COMMITTEE WITH MATERIAL, INFORMATION, AND REPORTS NEEDED FOR THE PREPARATION
OF THE REPORT AND ITS RECOMMENDATIONS.
Sec. 3109.401. (A) The
general assembly finds the following:
(1) That the parent and child relationship is of
fundamental importance to the welfare of a child, and that the
relationship between a child and each parent should be fostered
unless inconsistent with the child's best interests;.
(2) That parents have the responsibility to make
decisions and perform other parenting functions necessary for
the care and growth of their children;.
(3) That the courts, when allocating parenting functions
and responsibilities with respect to the child in a divorce,
dissolution OF MARRIAGE, legal separation, annulment, or any other
proceeding addressing the allocation of parental rights and responsibilities,
must determine the child's best
interests;.
(4) That the courts and parents must take into
consideration the following general principles when allocating
parental rights and responsibilities and developing
appropriate terms for parenting plans:
(a) Children are served by a
parenting arrangement that best provides for a child's safety,
emotional growth, health, stability, and physical care.
(b) Exposure of the child to harmful
parental conflict should be minimized as much as
possible.
(c) Whenever appropriate, parents
should be encouraged to meet their responsibilities to their
children through agreements rather than by relying on judicial
intervention.
(d) When a parenting plan provides
for mutual decision-making responsibility by the parents but
they are unable to make decisions mutually, they should make a
good faith effort to utilize the mediation process as required
by the parenting plan.
(e) In apportioning between the
parents the daily physical living arrangements of the child and
the child's location during legal and school holidays,
vacations, and days of special importance, a court should not impose any type
of standard schedule unless a standard schedule meets the needs of the child
better than any proposed alternative parenting plan.
(B) It is, therefore,
the purpose of Chapter 3109. of the
Revised Code THIS CHAPTER, when it is in the child's
best interest, to foster the relationship between the child and each
parent when a court allocates parental rights and
responsibilities with respect to the child in a divorce,
dissolution OF MARRIAGE, legal separation, annulment, or any other
proceeding addressing the allocation of parental rights and
responsibilities.
(C) There is hereby created the task force on
family law and children consisting of twenty-four members. The
Ohio state bar association shall
appoint three members who shall be attorneys with extensive
experience in the practice of family law. The
Ohio association of domestic
relations judges shall appoint three members who shall be
domestic relations judges. The
Ohio association of juvenile
and family court judges shall appoint three members who shall be
juvenile or family court judges. The chief justice of the
supreme court shall appoint eight members, three of whom shall be
persons who practice in the field of family law mediation, two
of whom shall be persons who practice in the field of child
psychology, one of whom shall be a person who represents parent and child
advocacy organizations, one of whom shall be a person who provides
parenting education services, and one of whom shall be a magistrate employed
by a domestic relations or juvenile court. The speaker of the house of
representatives shall appoint two members who shall be members
of the house of representatives and who shall be from different
political parties. The president of the senate shall appoint two
members who shall be members of the senate and who shall be from
different political parties. The governor shall appoint two
members who shall represent child caring agencies. One
member shall be the director of human services or the director's
designee. The chief justice shall designate one member of the
task force to chair the task force.
The appointing authorities and persons shall make
appointments to the task force on family law and
children within thirty days after the effective date
of this section SEPTEMBER 1, 1998. Section
101.84 SECTIONS 101.82 TO 101.87 of the Revised Code
does DO not apply to the task force.
(D) The task force on
family law and children shall do all of the following:
(1) Appoint and fix the compensation of any technical,
professional, and clerical employees and perform any services that
are necessary to carry out the powers and duties of the task force
on family law and children. All employees of the task force
shall serve at the pleasure of the task force.
(2) By December 31, 1999,
submit to the speaker and minority leader of the house of
representatives and to the president and the minority leader of
the senate a report of its findings and recommendations on how
to create a more civilized and constructive process for the parenting of
children whose parents do not reside together. The
recommendations shall propose a system to do all of the
following:
(a) Put children first;
(b) Provide families with choices before they make
a decision to obtain or finalize a divorce, dissolution OF MARRIAGE,
legal separation, or annulment;
(c) Redirect human services to intervention and
prevention, rather than supporting the casualties of the current
process;
(d) Avoid needless conflict between the
participants;
(e) Encourage problem solving among the
participants;
(f) Force the participants to act
responsibly;
(g) Shield both the participants and their
children from lasting emotional damage.
(3) Gather information on and study the current state of
family law in this state;
(4) Collaborate and consult with entities engaged in
family and children's issues, including, but not limited to, the
Ohio association of child caring agencies, the Ohio family
court feasibility study, and the Ohio courts futures commission;
(5) Utilize findings and outcomes from pilot projects conducted by the
Ohio family court feasibility study to explore alternatives in
creating a more civilized and constructive process for
the parenting of children whose parents do not reside together with an
emphasis on
the areas of mediation and obtaining visitation compliance.
(E) Courts of common
pleas shall cooperate with the task force on family law and
children in the performance of the task force's duties described
in division (D) of this section.
Sec. 3318.30. (A) There is hereby created
the Ohio school facilities
commission. The commission shall administer the provision of
financial assistance to school districts for the acquisition or
construction of classroom facilities in accordance with sections
3318.01 to 3318.33 of the Revised Code.
The commission is a body corporate and politic, an agency
of state government and an instrumentality of the state,
performing essential governmental functions of this state. The
carrying out of the purposes and the exercise by the commission
of its powers conferred by sections 3318.01 to 3318.33 of the
Revised Code are essential public
functions and public purposes of the state. The commission may,
in its own name, sue and be sued, enter into contracts, and
perform all the powers and duties given to it by sections
3318.01 to 3318.33 of the
Revised Code, but it does not have and
shall not exercise the power of eminent domain.
(B) The commission shall
consist of seven members, three of whom are voting members. The
voting members of the commission shall be the director of the
office of budget and management, the director
of administrative services, and the superintendent of public
instruction, or their designees. Of the nonvoting members, two
shall be members of the senate appointed by the president of
the senate, and two shall be members of the house of
representatives appointed by the speaker of the house. Each of the appointees
of the president, and each of the appointees of the speaker, shall be members
of different political parties.
Nonvoting members shall serve as members of the commission
during the legislative biennium for which they are appointed,
except that any such member who ceases to be a member of the
legislative house from which the member was appointed shall
cease to be a member of the commission. Each nonvoting member
shall be appointed within thirty-one days of the end of the term
of that member's predecessor. Such members may be reappointed.
Vacancies of nonvoting members shall be filled in the manner
provided for original appointments.
Members of the commission shall serve without
compensation.
After the initial nonvoting members of the commission have
been appointed, the commission shall meet and organize by
electing voting members as the chairperson and vice-chairperson
of the commission, who shall hold their
offices until the next organizational meeting of the commission.
Organizational meetings of the commission shall be held at the
first meeting of each calendar year. At each organizational
meeting, the commission shall elect from among its voting
members a chairperson and vice-chairperson, who shall serve until the next
annual
organizational meeting. The commission shall adopt rules
pursuant to section 111.15 of the
Revised Code for the conduct of its
internal business and shall keep a journal of its proceedings.
Including the organizational meeting, the commission shall meet
at least once each calendar quarter.
Two voting members of the commission constitute a quorum,
and the affirmative vote of two members is necessary for
approval of any action taken by the commission. A vacancy in
the membership of the commission does not impair a quorum from
exercising all the rights and performing all the duties of the
commission. Meetings of the commission may be held anywhere in
the state, and shall be held in compliance with section 121.22
of the Revised Code.
(C) The commission shall
file an annual report of its activities and finances with the
governor, speaker of the house of representatives, president of
the senate, and chairpersons of the house and senate finance
committees.
(D) The commission shall
be exempt from the requirements of sections 101.82 and 101.84 TO
101.87 of the Revised Code.
Section 2. That existing sections 101.84, 3109.401, and 3318.30 of the Revised
Code are hereby repealed.
Section 3. That Section 27 of Sub. H.B. 670 of the 121st General Assembly be
amended to read as follows:
"Sec. 27. The following agencies shall be retained pursuant to division (D)
of section 101.84 101.83 of the Revised Code and shall expire
on December 31, 2001,
pursuant to the version of section 101.84 of the Revised Code that takes
effect on January 1, 1997, with the exception of the Muskingum River Advisory
Board which shall expire on June 29, 1998, pursuant to Section 2 of Am. H.B.
351 of the 117th General Assembly 2004:
|
REVISED CODE OR UNCODIFIED
|
AGENCY NAME
|
SECTION
|
Advisory Board COUNCIL on Amusement Ride Safety | 1711.51 |
Advisory Board of Directors for Prison Labor | 5145.162 |
Appalachian Public Facilities Task Force COUNCIL | Sec. 3, H.B. 280, 121st GA |
Apprenticeship Council | 4111.26 |
Armory Board of Control | 5911.09 |
Banking Board COMMISSION | 1127.02
1123.01 |
Board of Voting Machine Examiners | 3506.05(B) |
Board of Governors, Medical Malpractice Joint Underwriting Association | 3929.77 |
Board of Tax Appeals | 5703.02 |
Board on Unreclaimed Strip Mine Lands | 1513.29 |
BRAIN INJURY ADVISORY
COMMITTEE | 3304.231 |
Capitol Square Review and Advisory Board | 105.41 |
Child Support Guideline Advisory Commission
COUNCIL | 3113.215(G) |
Children's Trust Fund Board | 3109.15 |
Citizen's Advisory Board COUNCIL (Dept. of Mental
Retardation and Developmental
Disabilities) | 5123.092 |
Citizen's Advisory Board COUNCIL (Dept. of Mental
Health) | 5119.81 |
Civilian Conservation Advisory Council COMMITTEE | 1553.10 |
Coastal Resources Advisory Council | 1506.12 |
Commission on African-American Males | 4112.12 |
Commission on Spanish-Speaking
HISPANIC-LATINO Affairs | 121.31 |
Committee of Blind Vendors | 3304.34 |
Commodity Advisory Commission | 926.32 |
Community Mental Retardation and Developmental Disabilities Trust Fund
Advisory Board COUNCIL | 5123.353 |
Continuing Education Committee (for sheriffs) | 109.80 |
Controlling Board | 127.12 |
Council on Alcohol and Drug Addiction Services | 3793.09 |
COUNCIL ON UNRECLAIMED STRIP MINE
LANDS | 1513.29 |
County Sheriff's SHERIFFS' Standard Car Marking
and Uniform Commission | 311.25 |
Criminal Sentencing Advisory Committee | 181.22 |
Day-Care Advisory Council | 5104.08 |
Development Financing Advisory Board COUNCIL | 122.40 |
Electrical Safety Inspector Advisory Board
COMMITTEE | 3783.08 |
Engineering Experiment Station Advisory Council
COMMITTEE | 3335.27 |
Environmental Board of Review APPEALS
COMMISSION | 3745.02 |
Environmental Education Board of Trustees COUNCIL | 3745.21 |
Forestry Advisory Council | 1503.40 |
Governor's Community Service Commission COUNCIL | 121.40 |
Governor's Council on People with Disabilities | 3303.41 |
Hazardous Waste Facility Board | 3734.05 |
Head Injury Advisory Council | 3304.231 |
Health Care Quality Advisory Council | 4121.442 |
Health Data Advisory Committee | 3729.61 |
Hemophilia Advisory Committee COUNCIL | 3701.145 |
Historic Site Preservation Advisory Board | 149.301 |
Home Health Agency Advisory Council | 3701.88 |
Hospital Advisory Committee and the Medical Advisory Committee of the
Joint Underwriting Association Board of Governors | 3929.77 3929.76 |
Industrial Commission | 4121.02 |
Industrial Commission Nominating Committee
COUNCIL | 4121.04 |
Industrial Technology and Enterprise Advisory Board
COUNCIL | 122.29 |
Insurance Agent Education Advisory Board COUNCIL | 3905.483 |
Interagency Recycling Market Development Workgroup | 1502.10 |
Joint Committee COUNCIL on Mental Retardation and
Developmental Disabilities | 101.37 |
Joint Select Committee on Volume Cap | 133.021 |
Labor-Management Government Advisory Committee
COUNCIL | 4121.70 |
Lake Erie Commission | 1506.21 |
Legal Rights Service Commission | 5123.60 |
Martha Kinney Cooper Ohioana Library Association Board of Trustees | 3375.62 |
Maternal and Child Health Consultants' Group
COUNCIL | 3701.025 |
Medicaid Long-Term Care Reimbursement Study Committee
COUNCIL | 5111.34 |
Medically Handicapped Children's Medical Advisory Committee
COUNCIL | 3701.025 |
Milk Sanitation Board | 3717.69 917.03 |
Mine Subsidence Insurance Governing Board | 3929.51 |
Multi-Agency Radio Communication Systems Steering Committee | Sec. 21, H.B. 790, 120th GA |
Multidisciplinary Board COUNCIL | 3746.03 |
Muskingum River Advisory Board | 1501.25 |
National Museum of Afro-American History and Culture Planning
Council COMMITTEE | 149.303 |
Ohio Advisory Council for the Aging | 173.03 |
Ohio Arts Council | 3379.02 |
Ohio Arts AND SPORTS Facilities Commission | 3383.02 |
Ohio Benefit Systems Data Linkage Committee | 125.24 |
Ohio Bicentennial Commission | 149.32 |
Ohio Cemetery Dispute Resolution Committee
COMMISSION | 4767.05 |
Ohio Commission on Dispute Resolution and Conflict Management | 179.02 |
Ohio Educational Telecommunications Network Commission | 3353.02 |
Ohio Ethics Commission | 102.05 |
Ohio Expositions Commission | 991.02 |
Ohio Family and Children First Cabinet Council | 121.37 |
Ohio Geology Advisory Council | 1505.11 |
Ohio Grape Industries Committee | 924.51 |
Ohio Historical Society Board of Trustees | 149.30 |
OHIO LAKE ERIE
COMMISSION | 1506.21 |
Ohio Medical Quality Foundation | 3701.89 |
Ohio Natural Areas Council | 1517.03 |
Ohio Parks and Recreation Advisory Council | 1541.40 |
Ohio Peace Officer Training Council COMMISSION | 109.71 |
OHIO POLICE AND FIRE PENSION
FUND BOARD OF TRUSTEES | 742.03 |
Ohio Public Defender Commission | 120.01 |
OHIO PUBLIC EMPLOYEES DEFERRED
COMPENSATION BOARD | 145.72 |
Ohio Quarter Horse Development Committee
COMMISSION | 3769.086 |
Ohio Retirement Study Commission COUNCIL | 171.01 |
Ohio Scenic Rivers Advisory Councils | 1517.18 |
Ohio Small Government Capital Improvements Commission | 164.02 |
Ohio Soil and Water Conservation Commission | 1515.02 |
Ohio Standardbred Development Committee
COMMISSION | 3769.085 |
Ohio Steel Industry Advisory Commission COUNCIL | 122.97 |
Ohio Student Aid Commission | 3351.05 |
Ohio Teacher Education and Certification
LICENSURE Advisory Commission COUNCIL | 3319.282 3319.28(D) |
Ohio Thoroughbred Racing Advisory Committee | 3769.084 |
Ohio Tuition Trust Authority | 3334.03 |
Ohio University College of Osteopathic Medicine Advisory Board
COMMITTEE | 3337.10 |
OHIO VENDORS REPRESENTATIVE
COMMITTEE | 3304.34 |
Ohio Veterans VETERANS' Home Board of
Trustees | 5907.02 |
Ohio War Orphans' ORPHANS Scholarship Board | 5910.02 |
Ohio Water Advisory Council | 1521.031 |
Oil and Gas Board of Review COMMISSION | 1509.35 |
Organized Crime Investigations Commission | 177.01 |
Parole Board | 5149.10 |
Pharmacy and Therapeutics Committee of the Dept. of Human Services | 5111.81 |
Physical Fitness and Sports Advisory Board | 3701.77 |
Police and Firemen's Disability and Pension Fund Board of
Trustees | 742.03 |
Power Siting Board | 4906.02 |
Private Water Systems Advisory Board COUNCIL | 3701.346 |
Public Employees Deferred Compensation Board | 145.72 |
Public Employees Retirement Board | 145.04 |
Public Employment Risk Reduction Advisory Commission | 4167.02 |
Public Utilities Commission Nominating Council | 4901.021 |
Reclamation Board of Review COMMISSION | 1513.05 |
Recreation and Resources Commission | 1501.04 |
Recycling and Litter Prevention Advisory Council | 1502.04 |
Rehabilitation Services Commission Consumer
COMMISSION'S BUREAU OF SERVICES FOR THE
VISUALLY IMPAIRED ADVISORY COMMITTEE AND
BUREAU OF VOCATIONAL REHABILITATION Advisory
Council COMMITTEE | 3304.24 |
School Employees Retirement Board | 3309.04 |
Select Commission on Pyrotechnics | Sec. 3, H.B. 508, 119th GA |
Services Committee of the Workers' Compensation System | 4121.06 |
Set Aside Review Board | 123.151(C)(4) |
Small Business Stationary Source Technical and Environmental Compliance
Assistance Council | 3704.19 |
Solid Waste Management Advisory Council | 3734.51 |
State Board of Deposit | 135.02 |
State Board of Library Examiners | 3375.47 |
State Board COUNCIL of Uniform State Laws | 105.21 |
State Committee for the Purchase of Products and Services of Persons
with
Severe Disabilities | 4115.32 |
State Criminal Sentencing Commission COUNCIL | 181.21 |
State Fire Commission | 3737.81 |
State Highway Patrol Retirement Board | 5505.04 |
State and Local Government Commission of Ohio | 105.45 |
State Teachers Retirement Board | 3307.04 |
State Victims Assistance Advisory Board COMMITTEE | 109.91 |
Student Tuition Recovery Authority | 3332.081 |
Subcommittee of the State Board of Emergency Medical Services for
Fire
Fighter FIREFIGHTER and Fire Safety Inspector Training | 4765.55 |
Submerged Lands Advisory Committee COUNCIL | 1506.37 |
Tax Credit Authority | 122.17 |
Technical Advisory Committee to assist the Director of the Ohio Coal
Development Office | 1551.35 |
Technical Advisory Council on Oil and Gas | 1509.38 |
Technology Advisory Committee (for Education) | Sec. 45.01, H.B. 117, 121st GA |
Unemployment Compensation Board of Review
COMMISSION | 4141.06 |
Unemployment Compensation Advisory Commission
COUNCIL | 4141.08 |
Utility Radiological Safety Board | 4937.02 |
Veterans Advisory Board COMMITTEE | 5902.02(K) |
Water and Sewer Commission | 1525.11(C) |
Waterways Safety Council | 1547.73 |
Welfare Oversight Commission COUNCIL | 5101.93 |
Wildlife Council | 1531.03 |
Women's Policy and Research Commission | 121.51 |
Workers' Compensation System Oversigh OVERSIGHT
Committee | Sec. 10, H.B. 222, 118th GA |
Wright-Dunbar State Heritage Commission | 149.321" |
Section 4. That existing Section 27 of Sub. H.B. 670 of the 121st
General Assembly is hereby repealed.
Section 5. The Sunset Review Committee created by section 101.84 of the
Revised Code, as enacted by this act, shall review the
implementation and operation of sections 101.82 to 101.87 of the
Revised Code. As part of its review, the Committee shall determine
whether there is a need to establish a permanent legislative
committee to conduct an ongoing review of existing state
agencies and an ongoing evaluation of proposed new state
agencies and determine what role, if any, the
Department of Administrative Services could play in an
ongoing review and evaluation process of that nature. The Committee shall
report the findings and recommendations
resulting from the review it conducts under this section to the
Governor, the Speaker of the House of Representatives, and the
President of the Senate at the same time it submits the report required by
section 101.87 of the Revised Code.
Section 6. Sections 101.84, 101.85, 101.86, and 101.87 of the Revised Code, as
enacted by this act, are repealed December 31, 2004.
Section 7. Sections 1, 2, 3, 4, 5, and 6 of this act shall take effect on
January 1, 2001.
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