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H. B. No. 368 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Roegner, Hagan, C.
Cosponsors:
Representatives Huffman, Grossman, Newbold, Derickson, Buchy, Duffey, Wachtmann, Terhar, Stebelton, McGregor, Thompson, Bubp, Adams, J., Blessing, Uecker, Gonzales, Slaby, Hill, Brenner, McClain, Gardner, Henne, Yuko, Patmon, Hayes Speaker Batchelder Representatives Milkovich, Sears, Anielski, Barnes, Stinziano, Slesnick
A BILL
To amend sections 101.82 and 103.13 and to enact
sections 103.35 to 103.39 and 107.036 of the
Revised Code to create the Long-range Financial
Outlook Council for the purpose of informing the
public and the General Assembly about the
financial status of the state by studying
financial and other conditions and issuing an
annual long-range financial outlook report.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 101.82 and 103.13 be amended and
sections 103.35, 103.36, 103.37, 103.38, 103.39, and 107.036 of
the Revised Code be enacted to read as follows:
Sec. 101.82. As used in sections 101.82 to 101.87 of the
Revised Code:
(A) "Agency" means any board, commission, committee, or
council, or any other similar state public body required to be
established pursuant to state statutes for the exercise of any
function of state government and to which members are appointed or
elected. "Agency" does not include the following:
(1) The general assembly, or any commission, committee, or
other body composed entirely of members of the general assembly;
(3) Any public body created by or directly pursuant to the
constitution of this state;
(4) The board of trustees of any institution of higher
education financially supported in whole or in part by the state;
(5) Any public body that has the authority to issue bonds or
notes or that has issued bonds or notes that have not been fully
repaid;
(6) The public utilities commission of Ohio;
(7) The consumers' counsel governing board;
(8) The Ohio board of regents;
(9) Any state board or commission that has the authority to
issue any final adjudicatory order that may be appealed to the
court of common pleas under Chapter 119. of the Revised Code;
(10) Any board of elections;
(11) The board of directors of the Ohio insurance guaranty
association and the board of governors of the Ohio fair plan
underwriting association;
(12) The Ohio public employees deferred compensation board;
(13) The Ohio retirement study council;
(14) The board of trustees of the Ohio police and fire
pension fund, public employees retirement board, school employees
retirement board, state highway patrol retirement board, and state
teachers retirement board;
(15) The industrial commission;
(17) The board of tax appeals;
(18) The controlling board;
(19) The release authority of department of youth services;
(20) The environmental review appeals commission;
(21) The Ohio ethics commission;
(22) The Ohio public works commission;
(23) The self-insuring employers evaluation board;
(24) The state board of deposit;
(25) The state employment relations board;
(26) The long-range financial outlook council.
(B) "Abolish" means to repeal the statutes creating and
empowering an agency, remove its personnel, and transfer its
records to the department of administrative services pursuant to
division (E) of section 149.331 of the Revised Code.
(C) "Terminate" means to amend or repeal the statutes
creating and empowering an agency, remove its personnel, and
reassign its functions and records to another agency or officer
designated by the general assembly.
(D) "Transfer" means to amend the statutes creating and
empowering an agency so that its functions, records, and personnel
are conveyed to another agency or officer.
(E) "Renew" means to continue an agency, and may include
amendment of the statutes creating and empowering the agency, or
recommendations for changes in agency operation or personnel.
Sec. 103.13. The Ohio legislative service commission shall:
(A) Conduct research, make investigations, and secure
information or data on any subject and make reports thereon to the
general assembly;
(B) Ascertain facts and make reports concerning the state
budget, the revenues and expenditures of the state, and of the
organization and functions of the state, its departments,
subdivisions, and agencies;
(C) Make surveys, investigations, and studies, and compile
data, information, and records on any question which may be
referred to it by either house of the general assembly or any
standing committee of the general assembly;
(D) Assist and cooperate with any interim legislative
committee or other agency created by the general assembly;
(E) Prepare or advise in the preparation of any bill or
resolution, when requested by any member of the general assembly;
(F) Collect, classify, and index the documents of the state
which shall include executive and legislative documents and
departmental reports and keep on file all bills, resolutions, and
official journals printed by order of either house of the general
assembly;
(G) Provide members of the general assembly with impartial
and accurate information and reports concerning legislative
problems in accordance with rules prescribed by the commission;
(H) Annually collect the reports required by section 4743.01
of the Revised Code and prepare a report evaluating the extent to
which state boards and commissions which regulate occupations are
financially self-supporting. The report shall be presented to the
speaker and the minority leader of the house of representatives,
the president and the minority leader of the senate, and the
chairperson and ranking minority member of the finance committees
of both houses, on or before the thirty-first day of December each
year.
(I) Codify the rules of administrative agencies of the state
in accordance with the provisions of section 103.05 of the Revised
Code;
(J) Publish the register of Ohio under section 103.051 of the
Revised Code;
(K) Operate the electronic rule-filing system under section
103.0511 of the Revised Code;
(L) Conduct research and provide staffing and technical
assistance to the long-range financial outlook council under
sections 103.35 to 103.39 of the Revised Code.
Sec. 103.35. (A) There is hereby created the long-range
financial outlook council consisting of at least fifteen but not
more than twenty-one members. The members of the council shall be
residents of the state and shall include individuals with
expertise in financial institutions and financial services. Not
more than one-half plus one of the members shall be members of the
same political party. No member of the general assembly shall
serve as a member of the council. Members shall be appointed as
follows:
(1) One member appointed by the chairperson of the Ohio
legislative service commission, who shall serve as the council
chairperson;
(2) Two members appointed by the director of budget and
management;
(3) At least six, but not more than nine, members appointed
by the speaker of the house of representatives, which appointments
shall include at least one certified public accountant, at least
one certified financial analyst, at least one economist, and at
least one banker;
(4) At least six, but not more than nine, members appointed
by the president of the senate, which appointments shall include
at least one certified public accountant, at least one certified
financial analyst, at least one economist, and at least one
banker.
(B) Appointments to the council shall be made not later than
March 1, 2012. Of the initial appointments made by the speaker of
the house of representatives, at least two, but not more than
three, shall be for terms ending March 1, 2013, at least one, but
not more than two, shall be for terms ending March 1, 2014, at
least one, but not more than two, shall be for terms ending March
1, 2015, and two shall be for terms ending March 1, 2016. Of the
initial appointments made by the president of the senate, at least
two, but not more than three, shall be for terms ending March 1,
2013, at least one, but not more than two, shall be for terms
ending March 1, 2014, at least one, but not more than two, shall
be for terms ending March 1, 2015, and two shall be for terms
ending March 1, 2016. The initial appointments made by the
director shall be for terms ending March 1, 2016. The initial
appointment made by the commission chairperson shall be for a term
ending March 1, 2014. Thereafter, except for the term of office
for the council chairperson, terms of office shall be for four
years, with each term ending on the same day of the same month as
the term that it succeeds. The term of office for the council
chairperson shall be for two years, with the term ending on the
same day of the same month as the term it succeeds.
Each member of the council shall hold office from the date of
appointment until the end of the term for which the member was
appointed. Members may be reappointed. Vacancies shall be filled
in the manner provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date
of the term for which the member's predecessor was appointed shall
hold office as a member for the remainder of that term. A member
shall continue in office subsequent to the expiration date of the
term until the member's successor takes office or until a period
of sixty days has elapsed, whichever occurs first.
(C) Members of the council shall serve without compensation
but shall be reimbursed for the actual and necessary expenses
incurred in the performance of their official duties.
Sec. 103.36. (A) The long-range financial outlook council
annually shall:
(1) Conduct regular reviews of the current fiscal position of
the state, including the state debt and debt service, and
establish a method for a long-range financial projection at the
state level in order to help maintain the state's financial
stability between fiscal years and avoid future budget problems;
(2) Integrate baseline projections of the budget requirements
of the major programs comprising the state's budget with revenue
estimates for the state based on current law;
(3) Analyze the state's long-range financial outlook for the
purpose of providing impartial, accurate information to assist the
general assembly in establishing the state's biennial budget;
(4) Study economic forecasts for the state;
(5) Review the demographics of the state;
(6) Request information from state agencies about their
financial status and projections for the next four fiscal years;
(7) Determine the accuracy of financial projections in
previous long-range financial outlook reports issued pursuant to
section 103.38 of the Revised Code.
(B) State agencies, including the office of budget and
management, shall cooperate with the council and provide
information based on current law to the council as requested.
(C) The council may study other issues that the council
determines have the potential to temporarily or permanently affect
the financial outlook of the state.
Sec. 103.37. The long-range financial outlook council shall
meet at the call of the chairperson and shall conduct public
hearings at which interested parties, including state agency
representatives, may submit testimony about the financial outlook
of the state.
Sec. 103.38. (A) Upon completion of the review and analysis
required under section 103.36 of the Revised Code, but not later
than September 1, 2012, and the first of September annually
thereafter, the long-range financial outlook council shall issue a
long-range financial outlook report, including an executive
summary, of its findings. The report shall include, but shall not
be limited to, the following information agreed to by council
consensus and based on current law and demographic and other
factors as specified by the council:
(1) Projections of future financial needs of the state for
the next four fiscal years;
(2) Projections of future resources of the state;
(3) Actual revenues for the previous three fiscal years and
revenue estimates for the next four fiscal years;
(4) A review of both revenue estimates and projections for
the budget requirements and expenditures of major state-funded
programs;
(5) Per agency workload estimates for state agencies.
(B) The Ohio legislative service commission shall conduct
research and provide staffing and technical assistance for the
council.
(C) Upon request of the commission, the office of budget and
management and all other state agencies shall provide all readily
available information based on current law to the commission.
(D) Each year upon the adoption of the report by a majority
of the council members, the council shall do the following:
(1) Publish the latest report on the web sites of the general
assembly, the commission, and the office of budget and management;
(2) Submit the report to the general assembly and the
executive summary of the report to the clerk of the house of
representatives.
Sec. 103.39. Beginning in 2013 and annually thereafter, the
general assembly shall meet in joint convention, not later than
January 31, for the purpose of receiving the most recent
long-range financial outlook report issued by the long-range
financial outlook council pursuant to section 103.38 of the
Revised Code. The clerk of the house of representatives or a
person designated by the clerk shall read the executive summary of
the report at the joint convention.
Sec. 107.036. As part of the governor's executive budget
proposal submitted biennially to the general assembly pursuant to
section 107.03 of the Revised Code, the governor shall include a
review of the most recent long-range financial outlook report
adopted by the long-range financial outlook council along with
recommendations for revisions to the report.
Section 2. That existing sections 101.82 and 103.13 are
hereby repealed.
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