130th Ohio General Assembly
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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 Safety1711.51
Advisory Board of Directors for Prison Labor5145.162
Appalachian Public Facilities Task Force COUNCILSec. 3, H.B. 280, 121st GA
Apprenticeship Council4111.26
Armory Board of Control5911.09
Banking Board COMMISSION1127.02 1123.01
Board of Voting Machine Examiners3506.05(B)
Board of Governors, Medical Malpractice Joint Underwriting Association3929.77
Board of Tax Appeals5703.02
Board on Unreclaimed Strip Mine Lands1513.29
BRAIN INJURY ADVISORY COMMITTEE3304.231
Capitol Square Review and Advisory Board105.41
Child Support Guideline Advisory Commission COUNCIL3113.215(G)
Children's Trust Fund Board3109.15
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 COMMITTEE1553.10
Coastal Resources Advisory Council1506.12
Commission on African-American Males4112.12
Commission on Spanish-Speaking HISPANIC-LATINO Affairs121.31
Committee of Blind Vendors3304.34
Commodity Advisory Commission926.32
Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Board COUNCIL5123.353
Continuing Education Committee (for sheriffs)109.80
Controlling Board127.12
Council on Alcohol and Drug Addiction Services3793.09
COUNCIL ON UNRECLAIMED STRIP MINE LANDS1513.29
County Sheriff's SHERIFFS' Standard Car Marking and Uniform Commission311.25
Criminal Sentencing Advisory Committee181.22
Day-Care Advisory Council5104.08
Development Financing Advisory Board COUNCIL122.40
Electrical Safety Inspector Advisory Board COMMITTEE3783.08
Engineering Experiment Station Advisory Council COMMITTEE3335.27
Environmental Board of Review APPEALS COMMISSION3745.02
Environmental Education Board of Trustees COUNCIL3745.21
Forestry Advisory Council1503.40
Governor's Community Service Commission COUNCIL121.40
Governor's Council on People with Disabilities3303.41
Hazardous Waste Facility Board3734.05
Head Injury Advisory Council3304.231
Health Care Quality Advisory Council4121.442
Health Data Advisory Committee3729.61
Hemophilia Advisory Committee COUNCIL3701.145
Historic Site Preservation Advisory Board149.301
Home Health Agency Advisory Council3701.88
Hospital Advisory Committee and the Medical Advisory Committee of the Joint Underwriting Association Board of Governors3929.77 3929.76
Industrial Commission4121.02
Industrial Commission Nominating Committee COUNCIL4121.04
Industrial Technology and Enterprise Advisory Board COUNCIL122.29
Insurance Agent Education Advisory Board COUNCIL3905.483
Interagency Recycling Market Development Workgroup1502.10
Joint Committee COUNCIL on Mental Retardation and Developmental Disabilities101.37
Joint Select Committee on Volume Cap133.021
Labor-Management Government Advisory Committee COUNCIL4121.70
Lake Erie Commission1506.21
Legal Rights Service Commission5123.60
Martha Kinney Cooper Ohioana Library Association Board of Trustees3375.62
Maternal and Child Health Consultants' Group COUNCIL3701.025
Medicaid Long-Term Care Reimbursement Study Committee COUNCIL5111.34
Medically Handicapped Children's Medical Advisory Committee COUNCIL3701.025
Milk Sanitation Board3717.69 917.03
Mine Subsidence Insurance Governing Board3929.51
Multi-Agency Radio Communication Systems Steering CommitteeSec. 21, H.B. 790, 120th GA
Multidisciplinary Board COUNCIL3746.03
Muskingum River Advisory Board1501.25
National Museum of Afro-American History and Culture Planning Council COMMITTEE149.303
Ohio Advisory Council for the Aging173.03
Ohio Arts Council3379.02
Ohio Arts AND SPORTS Facilities Commission3383.02
Ohio Benefit Systems Data Linkage Committee125.24
Ohio Bicentennial Commission149.32
Ohio Cemetery Dispute Resolution Committee COMMISSION4767.05
Ohio Commission on Dispute Resolution and Conflict Management179.02
Ohio Educational Telecommunications Network Commission3353.02
Ohio Ethics Commission102.05
Ohio Expositions Commission991.02
Ohio Family and Children First Cabinet Council121.37
Ohio Geology Advisory Council1505.11
Ohio Grape Industries Committee924.51
Ohio Historical Society Board of Trustees149.30
OHIO LAKE ERIE COMMISSION1506.21
Ohio Medical Quality Foundation3701.89
Ohio Natural Areas Council1517.03
Ohio Parks and Recreation Advisory Council1541.40
Ohio Peace Officer Training Council COMMISSION109.71
OHIO POLICE AND FIRE PENSION FUND BOARD OF TRUSTEES742.03
Ohio Public Defender Commission120.01
OHIO PUBLIC EMPLOYEES DEFERRED COMPENSATION BOARD145.72
Ohio Quarter Horse Development Committee COMMISSION3769.086
Ohio Retirement Study Commission COUNCIL171.01
Ohio Scenic Rivers Advisory Councils1517.18
Ohio Small Government Capital Improvements Commission164.02
Ohio Soil and Water Conservation Commission1515.02
Ohio Standardbred Development Committee COMMISSION3769.085
Ohio Steel Industry Advisory Commission COUNCIL122.97
Ohio Student Aid Commission3351.05
Ohio Teacher Education and Certification LICENSURE Advisory Commission COUNCIL3319.282 3319.28(D)
Ohio Thoroughbred Racing Advisory Committee3769.084
Ohio Tuition Trust Authority3334.03
Ohio University College of Osteopathic Medicine Advisory Board COMMITTEE3337.10
OHIO VENDORS REPRESENTATIVE COMMITTEE3304.34
Ohio Veterans VETERANS' Home Board of Trustees5907.02
Ohio War Orphans' ORPHANS Scholarship Board5910.02
Ohio Water Advisory Council1521.031
Oil and Gas Board of Review COMMISSION1509.35
Organized Crime Investigations Commission177.01
Parole Board5149.10
Pharmacy and Therapeutics Committee of the Dept. of Human Services5111.81
Physical Fitness and Sports Advisory Board3701.77
Police and Firemen's Disability and Pension Fund Board of Trustees742.03
Power Siting Board4906.02
Private Water Systems Advisory Board COUNCIL3701.346
Public Employees Deferred Compensation Board145.72
Public Employees Retirement Board145.04
Public Employment Risk Reduction Advisory Commission4167.02
Public Utilities Commission Nominating Council4901.021
Reclamation Board of Review COMMISSION1513.05
Recreation and Resources Commission1501.04
Recycling and Litter Prevention Advisory Council1502.04
Rehabilitation Services Commission Consumer COMMISSION'S BUREAU OF SERVICES FOR THE VISUALLY IMPAIRED ADVISORY COMMITTEE AND BUREAU OF VOCATIONAL REHABILITATION Advisory Council COMMITTEE3304.24
School Employees Retirement Board3309.04
Select Commission on PyrotechnicsSec. 3, H.B. 508, 119th GA
Services Committee of the Workers' Compensation System4121.06
Set Aside Review Board123.151(C)(4)
Small Business Stationary Source Technical and Environmental Compliance Assistance Council3704.19
Solid Waste Management Advisory Council3734.51
State Board of Deposit135.02
State Board of Library Examiners3375.47
State Board COUNCIL of Uniform State Laws105.21
State Committee for the Purchase of Products and Services of Persons with Severe Disabilities4115.32
State Criminal Sentencing Commission COUNCIL181.21
State Fire Commission3737.81
State Highway Patrol Retirement Board5505.04
State and Local Government Commission of Ohio105.45
State Teachers Retirement Board3307.04
State Victims Assistance Advisory Board COMMITTEE109.91
Student Tuition Recovery Authority3332.081
Subcommittee of the State Board of Emergency Medical Services for Fire Fighter FIREFIGHTER and Fire Safety Inspector Training4765.55
Submerged Lands Advisory Committee COUNCIL1506.37
Tax Credit Authority122.17
Technical Advisory Committee to assist the Director of the Ohio Coal Development Office1551.35
Technical Advisory Council on Oil and Gas1509.38
Technology Advisory Committee (for Education)Sec. 45.01, H.B. 117, 121st GA
Unemployment Compensation Board of Review COMMISSION4141.06
Unemployment Compensation Advisory Commission COUNCIL4141.08
Utility Radiological Safety Board4937.02
Veterans Advisory Board COMMITTEE5902.02(K)
Water and Sewer Commission1525.11(C)
Waterways Safety Council1547.73
Welfare Oversight Commission COUNCIL5101.93
Wildlife Council1531.03
Women's Policy and Research Commission121.51
Workers' Compensation System Oversigh OVERSIGHT CommitteeSec. 10, H.B. 222, 118th GA
Wright-Dunbar State Heritage Commission149.321"


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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