The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Am. H. B. No. 286 As Passed by the House
As Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
| |
Representatives Sykes, Batchelder
Cosponsors:
Representatives Celeste, Luckie, Collier, Bacon, Webster, Strahorn, Williams, S., Healy, Evans, Harwood, Huffman, Fessler, Otterman, Brown, Mallory, Schindel, Daniels, Stewart, D., Domenick, Flowers, Blessing, Boyd, Budish, Chandler, Combs, DeBose, Dyer, Foley, Gerberry, Gibbs, Goyal, Hagan, J., Hagan, R., Heard, Hughes, Letson, McGregor, J., McGregor, R., Oelslager, Setzer, Skindell, Slesnick, Szollosi, Yates, Yuko
A BILLTo amend sections 119.03 and 3519.01 of the
Revised
Code to require the committee named in an
initiative petition to file, at the time the
petition is filed, a statement identifying the
petitioner's intent in proposing the initiated
statute or constitutional amendment and to permit
the Joint Committee on Agency Rule Review to
recommend that a proposed rule be invalidated if
the proposed rule conflicts with the petitioners'
intent in adopting the statute or constitutional
amendment on which the rule is based.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 119.03 and 3519.01 of the
Revised
Code be amended to read as follows:
Sec. 119.03. In the adoption, amendment, or rescission of
any rule, an agency shall comply with the following procedure:
(A) Reasonable public notice shall be given in the register
of
Ohio at least
thirty days prior to the date set for a hearing,
in the form the agency
determines. The agency shall file copies
of
the public notice under
division (B) of this section. (The
agency
gives public notice in the
register of Ohio when the public
notice
is published in the register
under that division.)
The public notice
shall include:
(1) A statement of the agency's intention to consider
adopting, amending, or rescinding a rule;
(2) A synopsis of the proposed rule, amendment, or rule to
be
rescinded or a general statement of the subject matter to
which
the proposed rule, amendment, or rescission relates;
(3) A statement of the reason or purpose for adopting,
amending, or rescinding the rule;
(4) The date, time, and place of a hearing on the proposed
action, which shall be not earlier than the thirty-first
nor later
than
the fortieth day after the proposed rule,
amendment, or
rescission is
filed under division (B) of this section.
In addition to public
notice given in the register of Ohio,
the agency may give
whatever
other notice it reasonably considers
necessary to ensure notice constructively is given to all persons
who are
subject to or affected by the proposed rule, amendment, or
rescission.
The agency shall provide a copy of the public
notice
required
under division (A) of this section to any person who
requests it
and pays a reasonable fee, not to exceed the cost of
copying and
mailing.
(B) The full text of the proposed rule,
amendment, or rule
to
be rescinded, accompanied by
the public notice required under
division (A) of this section,
shall be filed in electronic form
with the secretary of
state and
with
the director of the
legislative service commission. (If in
compliance with this
division an agency files more than one
proposed rule, amendment,
or rescission at the same time, and has
prepared a public notice
under division (A) of this
section
that
applies to more than one
of the proposed rules, amendments, or
rescissions, the agency
shall file only one notice
with the secretary of state and
with
the director for all of the proposed rules, amendments, or
rescissions to which the notice applies.) The proposed rule,
amendment, or rescission and public notice shall be filed as
required by this division at least sixty-five days prior to the
date
on which the agency, in accordance with division (D) of this
section, issues an order adopting the proposed rule, amendment,
or
rescission.
If the proposed rule, amendment, or rescission incorporates a
text or other material by reference, the agency shall comply with
sections 121.71 to 121.76 of the Revised Code.
The proposed rule, amendment, or rescission shall
be
available for at least thirty days prior to the date of the
hearing at the office of the agency in printed or other legible
form without charge to any person affected by the proposal.
Failure to furnish such text to any person requesting it shall
not
invalidate any action of the agency in connection therewith.
If the agency files a substantive revision in the text of the
proposed rule, amendment, or rescission under division (H) of
this
section, it shall also promptly file the full
text of the proposed
rule, amendment, or rescission in its
revised form in electronic
form with the secretary of
state and
with the director of the
legislative service commission.
The
agency shall file the rule summary and fiscal
analysis
prepared under section 121.24 or 127.18 of the Revised
Code, or
both,
in electronic form along with a proposed rule,
amendment,
or
rescission or proposed rule, amendment, or rescission
in revised
form that is filed with the secretary of state or the
director of
the legislative service commission.
The director of the legislative service commission shall
publish in the register of Ohio
the full text of the original and
each revised version of a
proposed rule, amendment, or rescission;
the full text of a public notice; and
the full
text of a rule
summary and fiscal analysis that is filed with
the director under
this division.
(C) On the date and at the time and place designated in
the
notice, the agency shall conduct a public hearing at which
any
person affected by the proposed action of the agency may
appear
and be heard in person, by the person's attorney, or
both, may
present the person's position, arguments, or contentions,
orally
or in
writing, offer and examine witnesses, and present evidence
tending to show that the proposed rule, amendment, or rescission,
if adopted or effectuated, will be unreasonable or unlawful.
An
agency may permit persons affected by the proposed
rule,
amendment, or rescission to present their positions,
arguments, or
contentions in writing, not only at the hearing,
but also for a
reasonable period before, after, or both before
and after the
hearing. A person who presents a position or
arguments or
contentions in writing before or after the hearing
is not required
to appear at the hearing.
At the hearing, the testimony shall be recorded. Such record
shall be made at
the expense of
the agency.
The agency is
required to transcribe a record that is not
sight readable only if
a person requests transcription of all or
part of the record and
agrees to reimburse the agency for the
costs of the transcription.
An agency may require the person to
pay in advance all or part of
the cost of the
transcription.
In any hearing under this section the agency may administer
oaths or affirmations.
(D) After complying with divisions (A), (B), (C), and (H)
of
this section, and when the time for legislative review and
invalidation under division (I) of this section has expired, the
agency may issue an order adopting the proposed rule or the
proposed amendment or rescission of the rule, consistent with the
synopsis or general statement included in the public notice. At
that time the agency shall designate the effective date of the
rule, amendment, or rescission, which shall not be earlier than
the tenth day after the rule, amendment, or rescission has been
filed in its final form as provided in section 119.04 of the
Revised Code.
(E) Prior to the effective date of a rule, amendment, or
rescission, the agency shall make a reasonable effort to inform
those affected by the rule, amendment, or rescission and to have
available for distribution to those requesting it the full text
of
the rule as adopted or as amended.
(F) If the governor, upon the request of an agency,
determines that an emergency requires the immediate adoption,
amendment, or rescission of a rule, the governor shall issue
an
order, the text of which shall be filed in electronic
form with
the agency, the secretary of
state, the director of the
legislative service commission, and
the joint committee on agency
rule review, that the procedure
prescribed by this section with
respect to the adoption,
amendment, or rescission of a specified
rule is suspended. The
agency may then adopt immediately the
emergency rule, amendment,
or rescission and it becomes effective
on the date the
rule, amendment, or rescission, in final form and
in compliance
with division (A)(2) of section 119.04 of the
Revised Code, are
is filed in electronic form
with the secretary
of
state, the director of the legislative service commission,
and
the
joint committee on agency rule
review. If all filings are not
completed on the same day, the
emergency rule, amendment, or
rescission shall be effective on
the day on which the latest
filing is completed. The director shall
publish the full text of
the emergency rule, amendment, or rescission in the
register of
Ohio.
The emergency rule,
amendment, or rescission shall become
invalid at the end of the
ninetieth day it is in effect. Prior to
that date the agency may
adopt the emergency rule, amendment, or
rescission as a
nonemergency rule, amendment, or rescission by
complying with the
procedure prescribed by this section for the
adoption, amendment,
and rescission of nonemergency rules. The
agency shall not use
the procedure of this division to readopt the
emergency rule,
amendment, or rescission so that, upon the
emergency rule,
amendment, or rescission becoming invalid under
this division,
the emergency rule, amendment, or rescission will
continue in
effect without interruption for another ninety-day
period, except when division (I)(2)(a) of this section prevents
the agency from adopting the emergency rule, amendment, or
rescission as a nonemergency rule, amendment, or rescission within
the ninety-day period.
This division does not apply to the adoption of any emergency
rule,
amendment, or rescission by the tax commissioner under
division
(C)(2) of section 5117.02 of the Revised Code.
(G) Rules adopted by an authority within the department of
job and family services for the administration or
enforcement of
Chapter 4141. of the Revised Code or of the
department of taxation
shall be
effective
without a hearing as provided by this section
if the statutes
pertaining to such agency specifically give a
right of appeal to
the board of tax appeals or to a higher
authority within the
agency or to a court, and also give the
appellant a right to a
hearing on such appeal. This division does
not apply to the
adoption of any rule, amendment, or rescission by
the tax
commissioner under division (C)(1) or (2) of section
5117.02 of
the Revised Code, or deny the right to file an action
for
declaratory judgment as provided in Chapter 2721. of the
Revised
Code from the decision of the board of tax appeals or of
the
higher authority within such agency.
(H) When any agency files a proposed rule, amendment, or
rescission under division (B) of this section, it shall also file
in electronic form
with the joint committee on agency rule review
the
full text of the proposed rule, amendment, or rule to be
rescinded in the same form and the public notice
required under
division (A) of this section. (If in compliance
with this
division
an agency files more than one proposed rule,
amendment,
or
rescission at the same time, and has given a public
notice
under
division (A) of this section that applies to more
than one
of the
proposed rules, amendments, or rescissions, the
agency
shall file
only one notice with the joint
committee for all of the
proposed
rules, amendments, or
rescissions to which the notice
applies.) If
the agency makes a
substantive revision in a
proposed rule,
amendment, or rescission
after it is filed with the
joint
committee, the agency shall
promptly file the full text of
the
proposed rule,
amendment, or rescission in its revised form
in
electronic form
with the joint
committee. The latest version of a
proposed rule, amendment, or
rescission as filed with the joint
committee supersedes each
earlier version of the text of the same
proposed rule, amendment,
or rescission. An agency shall file the
rule
summary and fiscal analysis prepared under section 121.24 or
127.18 of the Revised Code, or both,
in electronic form
along with
a proposed
rule, amendment, or rescission, and along with a
proposed
rule, amendment, or rescission in revised form, that is
filed
under this division.
This division does not apply to:
(1) An emergency rule, amendment, or rescission;
(2) Any proposed rule, amendment, or rescission that must
be
adopted verbatim by an agency pursuant to federal law or rule,
to
become effective within sixty days of adoption, in order to
continue the operation of a federally reimbursed program in this
state, so long as the proposed rule contains both of the
following:
(a) A statement that it is proposed for the purpose of
complying with a federal law or rule;
(b) A citation to the federal law or rule that requires
verbatim compliance.
If a rule or amendment is exempt from legislative review
under
division (H)(2) of this section, and if the federal law or
rule
pursuant to which the rule or amendment was adopted expires,
is
repealed or rescinded, or otherwise terminates, the rule or
amendment, or its rescission, is thereafter subject to legislative
review under division (H) of this section.
(I)(1) The joint committee on agency rule review may
recommend the adoption of a concurrent resolution invalidating a
proposed rule, amendment, rescission, or part thereof if it finds
any of the following:
(a) That the rule-making agency has exceeded the scope of
its
statutory authority in proposing the rule, amendment, or
rescission;
(b) That the proposed rule, amendment, or rescission
conflicts with another rule, amendment, or rescission adopted by
the same or a different rule-making agency;
(c) That the proposed rule, amendment, or rescission
conflicts with the legislative intent in enacting the statute
under which the rule-making agency proposed the rule, amendment,
or rescission, if the statute was enacted by the general assembly;
(d) , or, that the proposed rule, amendment, or rescission
conflicts with the petitioners' intent in enacting the statute or
constitutional amendment under which the rule-making agency
proposed the rule, amendment, or rescission, if the statute or
constitutional amendment was enacted by initiative under Section
1a or 1b of Article II of the Ohio Constitution;
(d) That the rule-making agency has failed to prepare a
complete and accurate rule summary and fiscal analysis of the
proposed rule, amendment, or rescission as required by section
121.24 or 127.18 of the Revised Code, or both, or that the
proposed rule, amendment, or rescission incorporates a text or
other material by
reference and either the
rule-making agency has
failed to file
the
text or other material incorporated by
reference as required by section 121.73 of
the Revised Code
or, in
the case of a proposed rule or amendment, the incorporation by
reference fails to meet
the
standards stated
in section 121.72,
121.75, or 121.76 of the
Revised
Code.
The joint committee shall not hold its public hearing on a
proposed rule,
amendment, or rescission earlier than the
forty-first day after the original
version of the proposed rule,
amendment, or rescission was filed with the
joint committee.
The house of representatives and senate may adopt a
concurrent resolution invalidating a proposed rule, amendment,
rescission, or part thereof. The concurrent resolution shall
state
which of the specific rules, amendments, rescissions, or
parts
thereof are invalidated. A concurrent resolution
invalidating a
proposed rule, amendment, or rescission shall be
adopted not later
than the sixty-fifth day after the
original
version of
the text of
the proposed rule, amendment, or rescission
is filed
with the
joint committee, except that if more than
thirty-five days
after
the original version is filed the
rule-making agency either
files
a revised version of the text of
the proposed rule,
amendment, or
rescission, or revises the rule
summary and fiscal
analysis in
accordance with division (I)(4) of
this section, a
concurrent
resolution invalidating the proposed
rule, amendment,
or
rescission shall be adopted not later than the
thirtieth day after
the revised version of the proposed rule or
rule summary and
fiscal analysis is filed. If, after the joint
committee on
agency
rule review recommends the adoption of a
concurrent
resolution
invalidating a proposed rule, amendment,
rescission,
or part
thereof, the house of representatives or
senate does not,
within
the time remaining for adoption of the
concurrent
resolution, hold
five floor sessions at which its
journal records
a roll call vote
disclosing a sufficient number of
members in
attendance to pass a
bill, the time within which that
house may
adopt the concurrent
resolution is extended until it has
held
five such floor sessions.
Within five days after the adoption of a concurrent
resolution invalidating a proposed rule, amendment, rescission,
or
part thereof, the clerk of the senate shall send the
rule-making
agency, the secretary of state, and the director of
the
legislative service commission in electronic form a
certified text
of the
resolution together with a certification stating the date
on
which the resolution takes effect. The secretary of state and
the director of the legislative service commission shall each
note
the invalidity of the proposed rule, amendment, rescission,
or
part thereof, and shall each remove
the invalid
proposed rule,
amendment, rescission, or part thereof from the
file of proposed
rules. The rule-making agency shall not proceed
to adopt in
accordance with division (D) of this section, or to
file in
accordance with division (B)(1) of section 111.15 of the
Revised
Code, any version of a proposed rule, amendment,
rescission, or
part thereof that has been invalidated by
concurrent resolution.
Unless the house of representatives and senate adopt a
concurrent resolution invalidating a proposed rule, amendment,
rescission, or part thereof within the time specified by this
division, the rule-making agency may proceed to adopt in
accordance with division (D) of this section, or to file in
accordance with division (B)(1) of section 111.15 of the Revised
Code, the latest version of the proposed rule, amendment, or
rescission as filed with the joint committee. If by concurrent
resolution certain of the rules, amendments, rescissions, or
parts
thereof are specifically invalidated, the rule-making
agency may
proceed to adopt, in accordance with division (D) of
this section,
or to file in accordance with division (B)(1) of
section 111.15 of
the Revised Code, the latest version of the
proposed rules,
amendments, rescissions, or parts thereof as
filed with the joint
committee that are not specifically
invalidated. The rule-making
agency may not revise or amend any
proposed rule, amendment,
rescission, or part thereof that has
not been invalidated except
as provided in this chapter or in
section 111.15 of the Revised
Code.
(2)(a) A proposed rule, amendment, or rescission that is
filed with the joint committee under division (H) of this section
or division (D) of section 111.15 of the Revised Code shall be
carried over for legislative review to the next succeeding
regular
session of the general assembly if the original or any
revised
version of the proposed rule, amendment, or rescission is
filed
with the joint committee on or after the first day of
December of
any year.
(b) The latest version of any proposed rule, amendment, or
rescission that is subject to division (I)(2)(a) of this section,
as filed with the joint committee, is subject to legislative
review and invalidation in the next succeeding regular session of
the general assembly in the same manner as if it were the
original
version of a proposed rule, amendment, or rescission
that had been
filed with the joint committee for the first time
on the first day
of the session. A rule-making agency shall not
adopt in
accordance
with division (D) of this section, or file in
accordance with
division (B)(1) of section 111.15 of the Revised
Code, any version
of a proposed rule, amendment, or rescission
that is subject to
division (I)(2)(a) of this section until the
time for legislative
review and invalidation, as contemplated by
division (I)(2)(b) of
this section, has expired.
(3) Invalidation of any version of a proposed rule,
amendment, rescission, or part thereof by concurrent resolution
shall prevent the rule-making agency from instituting or
continuing proceedings to adopt any version of the same proposed
rule, amendment, rescission, or part thereof for the duration of
the general assembly that invalidated the proposed rule,
amendment, rescission, or part thereof unless the same general
assembly adopts a concurrent resolution permitting the
rule-making
agency to institute or continue such proceedings.
The failure of the general assembly to invalidate a
proposed
rule, amendment, rescission, or part thereof under this
section
shall not be construed as a ratification of the
lawfulness or
reasonableness of the proposed rule, amendment,
rescission, or any
part thereof or of the validity of the
procedure by which the
proposed rule, amendment, rescission, or
any part thereof was
proposed or adopted.
(4) In lieu of recommending a concurrent resolution to
invalidate a proposed rule, amendment, rescission, or part
thereof
because the rule-making agency has failed to prepare a
complete
and accurate fiscal analysis, the joint committee on
agency rule
review may issue, on a one-time basis, for rules,
amendments,
rescissions, or parts thereof that have a fiscal
effect on school
districts, counties, townships, or municipal
corporations, a
finding that the rule summary and fiscal
analysis is incomplete or
inaccurate and order the rule-making
agency to revise the rule
summary and fiscal analysis and refile
it with the proposed rule,
amendment, rescission, or part
thereof. If an emergency rule is
filed as a nonemergency rule
before the end of the ninetieth day
of the emergency rule's
effectiveness, and the joint committee
issues a finding and
orders the rule-making agency to refile under
division (I)(4) of
this section, the governor may also issue an
order stating
that the emergency rule shall remain in effect for
an additional
sixty days after the ninetieth day of the emergency
rule's
effectiveness. The governor's orders shall be
filed in
accordance with division (F) of this section. The joint
committee
shall send
in electronic form to
the rule-making agency, the
secretary of
state, and the director of the legislative service
commission a
certified text of the finding and order to revise the
rule summary and
fiscal
analysis, which shall take immediate
effect.
An order issued under division (I)(4) of this
section shall
prevent the rule-making agency from instituting or
continuing
proceedings to adopt any version of the proposed rule,
amendment,
rescission, or part thereof until the rule-making
agency revises
the rule summary and fiscal analysis and refiles
it
in electronic
form
with the joint committee along with the proposed rule,
amendment, rescission, or part thereof. If the joint committee
finds the rule summary and fiscal analysis to be complete and
accurate, the joint committee shall issue a new order
noting that
the rule-making agency has revised and refiled a
complete and
accurate rule summary and fiscal analysis. The
joint committee
shall send
in electronic form
to the rule-making agency, the
secretary
of state, and the director of the legislative service
commission
a certified text of this new order. The secretary of
state and
the director of the legislative service commission shall
each
link this order to the proposed rule,
amendment, rescission,
or part thereof. The rule-making agency
may then proceed to adopt
in accordance with division (D) of this
section, or to file in
accordance with division (B)(1) of section
111.15 of the Revised
Code, the proposed rule, amendment,
rescission, or part thereof
that was subject to the finding and order under
division (I)(4) of
this section. If the
joint committee determines that the revised
rule summary and
fiscal analysis is still inaccurate or
incomplete, the joint
committee shall recommend the adoption of a
concurrent resolution in
accordance with division (I)(1) of this
section.
(J) As used in this section, "petitioners' intent" means the
intent of a majority of the members the committee established in
section 3519.02 of the Revised Code to represent the petitioners
for the applicable initiated statute or constitutional amendment
as expressed in the statement of intent filed under section
3519.01 of the Revised Code.
Sec. 3519.01. (A) Only one proposal of law or constitutional
amendment to be proposed by initiative petition shall be contained
in an initiative petition to enable the voters to vote on that
proposal separately. A petition shall include the text of any
existing statute or constitutional provision that would be amended
or repealed if the proposed law or constitutional amendment is
adopted.
Whoever seeks to propose a law or
constitutional amendment by
initiative petition shall, by a
written petition signed by one
thousand qualified electors, submit
the proposed law or
constitutional amendment and a summary of it
to the attorney
general for examination. Within The petitioners also shall submit
with the proposed law or constitutional amendment and summary a
statement of intent that specifies the intent of a majority of the
members of the committee named in the submitted petition.
Within ten days after the receipt of the written petition and
the summary of it, the attorney general shall conduct an
examination of the summary. If, in the opinion of
the attorney
general, the summary is a fair and truthful statement
of the
proposed law or constitutional amendment, the attorney
general
shall so certify and then forward the submitted petition to the
Ohio ballot board for its approval under division (A) of section
3505.062 of the Revised Code. If the Ohio ballot board returns the
submitted petition to the attorney general with its certification
as described in that division, the attorney general shall then
file with the secretary of state a verified copy of the proposed
law or
constitutional
amendment together with, its summary and,
the attorney general's
certification , and the
statement of intent
filed by the petitioners.
Whenever the Ohio ballot board divides an initiative petition
into individual petitions containing only proposed law or
constitutional amendment under division (A) of section 3505.062 of
the Revised Code resulting in the need for the petitioners to
resubmit to the attorney general appropriate summaries for each of
the individual petitions arising from the board's division of the
initiative petition, the attorney general shall review the
resubmitted summaries, within ten days after their receipt, to
determine if they are a fair and truthful statement of the
respective proposed laws or constitutional amendments and, if so,
certify them. These resubmissions shall contain no new
explanations or arguments but may contain separate statements of
intent for each divided petition. Then, the attorney general shall
file with the secretary of state a verified copy of each of the
proposed laws or constitutional amendments together with, their
respective summaries and, the attorney general's certification of
each , and the statements of intent filed by the
petitioners.
(B)(1) Whoever seeks to file a referendum petition against
any law, section, or item in any law shall, by a written petition
signed by one thousand qualified electors, submit the measure to
be referred and a summary of it to the secretary of state and, on
the same day or within one business day before or after that day,
submit a copy of the petition, measure, and summary to the
attorney general.
(2) Not later than ten business days after receiving the
petition, measure, and summary, the secretary of state shall do
both of the following:
(a) Have the validity of the signatures on the petition
verified;
(b) After comparing the text of the measure to be referred
with the copy of the enrolled act on file in
the secretary of
state's office containing the law, section, or item of
law,
determine whether the text is correct and, if it is, so certify.
(3) Not later than ten business days after receiving a
copy
of the petition, measure, and summary, the attorney general
shall
examine the summary and, if in the attorney general's
opinion, the
summary is a fair and truthful statement of the measure to be
referred, so certify.
(C) Any person who is aggrieved by a certification decision
under division (A) or (B) of this section may challenge the
certification or failure to certify of the attorney general in the
supreme court, which shall have exclusive, original jurisdiction
in all challenges of those certification decisions.
Section 2. That existing sections 119.03 and
3519.01 of the
Revised Code are hereby repealed.
|
|