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.
|
(129th General Assembly)
(Amended Substitute Senate Bill Number 2)
AN ACT
To amend sections 103.0511, 111.15, 117.20, 119.03,
119.032, 121.39, 122.08, 122.081, 122.94, and
1710.02; to enact sections 107.51, 107.52, 107.53,
107.54, 107.55, 107.61, 107.62, 107.63, 121.81,
121.82, 121.83, and 121.91; and to repeal section
121.24 of the Revised Code to adopt a new business
rule review procedure.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 103.0511, 111.15, 117.20, 119.03,
119.032, 121.39, 122.08, 122.081, 122.94, and 1710.02 be amended
and that sections 107.51, 107.52, 107.53, 107.54, 107.55, 107.61,
107.62, 107.63, 121.81, 121.82, 121.83, and 121.91 of the Revised
Code be enacted to read as follows:
Sec. 103.0511. The director of the legislative service
commission shall establish and maintain, and enhance and improve,
an electronic rule-filing system connecting:
(A) The legislative service commission, the joint committee
on agency rule review, and the secretary of state, and the office
of small business;
(B) The governor, the senate and house of representatives,
and the clerks of the senate and house of representatives;
(C) Each agency that files rules and other rule-making and
rule-related documents with the legislative service commission,
the joint committee on agency rule review, the governor, the
secretary of state, the office of small business, the general
assembly, or a committee of the senate or house of representatives
under section 111.15, 117.20, 119.03, 119.031, 119.032, 119.0311,
119.04, 121.24, 121.39, 127.18, 4141.14, 5117.02, or 5703.14 of
the Revised Code or any other statute;
(D) The several publishers of the Administrative Code; and
(E) The common sense initiative office; and
(F) Any other person or governmental officer or entity whose
inclusion in the system is required for the system to be a
complete electronic rule-filing system.
The electronic rule-filing system is to enable rules and
rule-making and rule-related documents to be filed, and official
responses to these filings to be made, exclusively by electronic
means.
Sec. 107.51. As used in sections 107.51 to 107.55 of the
Revised Code, "agency" and "draft rule" have the meanings defined
in section 121.81 of the Revised Code.
Sections 107.51 to 107.55 and 107.61 to 107.63 of the Revised
Code are complementary to sections 121.81 to 121.83 of the Revised
Code.
Sec. 107.52. A draft rule that affects businesses has an
adverse impact on businesses if a provision of the draft rule that
applies to businesses has any of the following effects:
(A) It requires a license, permit, or any other prior
authorization to engage in or operate a line of business;
(B) It imposes a criminal penalty, a civil penalty, or
another sanction, or creates a cause of action, for failure to
comply with its terms; or
(C) It requires specific expenditures or the report of
information as a condition of compliance.
Sec. 107.53. The common sense initiative office shall
develop, and as it becomes necessary or advisable shall improve, a
business impact analysis instrument that shall be used as required
by law to evaluate draft rules that might have an adverse impact
on businesses. The instrument shall be in writing, and shall
include the following:
(A) Standards that encourage agencies to propose draft rules,
and proposed revisions thereto, in such a manner that the rules
will be as easy to understand as their subject matter permits;
(B) Performance measures that can be applied to evaluate the
likely efficiency and effectiveness of a draft rule in achieving
its regulatory objectives;
(C) Standards for evaluating alternative means of regulation
that might reduce or eliminate the adverse impact a draft rule
might have on businesses;
(D) Standards that will promote transparency, predictability,
consistency, and flexibility in the implementation and operation
of a draft rule, as well as an overall balance in a draft rule
between its regulatory objectives and the costs of compliance it
imposes on regulated persons;
(E) Standards that require an agency to encourage businesses
that might be adversely impacted by a draft rule to participate in
the rule-making process, beginning at the earliest practicable
stage, and that will encourage businesses that are or may be
adversely impacted by a draft rule to offer advice and assistance
to the agency when the draft rule is adopted and is being
implemented and administered; and
(F) Any other standards or measures, or any other criteria,
the office concludes will reduce or eliminate adverse impacts on
businesses and foster improved regulation and economic development
in the state.
Alternative means of regulation include, and are not limited
to, less stringent compliance or reporting requirements, less
stringent schedules or deadlines, consolidation or simplification
of requirements, establishment of performance standards to replace
operational standards, and exemption of businesses.
The instrument does not need to be adopted as a rule. The
office shall publish the current instrument in the register of
Ohio.
Sec. 107.54. When the common sense initiative office receives
a draft rule and business impact analysis from an agency, the
office shall evaluate the draft rule and analysis against the
business impact analysis instrument and any other relevant
criteria, and may prepare and transmit recommendations to the
agency on how the draft rule might be revised to eliminate or
reduce any adverse impact the draft rule might have on businesses.
The office shall transmit any such recommendations
electronically to the agency. If the office fails to make such a
transmission after receiving the draft rule and business impact
analysis, it is as if the office had elected not to make any
recommendations.
Sec. 107.55. The common sense initiative office, annually not
later than the first day of February, shall prepare a report of
the activities of the office during the preceding calendar year.
The report shall include:
(A) A statement of the number of draft rules reviewed during
the calendar year;
(B) A description of the recommendations made to agencies
with regard to draft rules;
(C) An assessment of the status of the recommendations made;
(D) An explanation of the performance measures developed to
evaluate the efficiency and effectiveness of the office;
(E) An evaluation of the work of the office judged against
the performance measures; and
(F) Any other information the office believes will explain
the work of the office.
The office shall transmit a copy of the report to the
governor, the lieutenant governor, the president and minority
leader of the senate, and the speaker and minority leader of the
house of representatives.
Sec. 107.61. The common sense initiative office is
established within the office of the governor. The governor shall
organize, and as it becomes necessary or advisable may
re-organize, the office. The governor shall appoint professional,
technical, and clerical personnel who are necessary if the work of
the office is to be carried out efficiently and successfully. The
employees are in the unclassified service and serve at the
pleasure of the governor. The governor shall provide the office
with office space, and with furnishings, equipment, and resources,
as is necessary if the work of the office is to be carried out
efficiently and successfully. References in law authorizing or
requiring action by the "common sense initiative office" imply
action being taken by relevant personnel of the office. The
governor may delegate any or all of the governor's
responsibilities under this section as the governor deems
appropriate.
Sec. 107.62. The common sense initiative office shall
establish a system through which any person may comment
concerning:
(A) The adverse impact on businesses a draft rule might have;
(B) The adverse impact on businesses that a rule currently in
effect is having; or
(C) The adverse impact on businesses the implementation or
administration of a rule currently in effect is having.
The office shall prepare a plan for the comment system, and
shall revise or replace the plan to improve the comment system in
light of learning, experience, or technological development. The
office shall publish the current plan for the comment system in
the register of Ohio.
At a minimum, the plan for the comment system shall provide
for communication of comments as follows: The office shall accept
comments in writing that are delivered to the office personally,
by mail, or by express. The office shall establish a toll-free
telephone number that a person may call to offer comments. (The
telephone number shall be connected to a recording device at its
answering point.) The office shall create a web site that enables
a person to offer comments electronically. The web site also shall
provide notification to the public of any draft rule that may have
an adverse impact on businesses, which notification shall include
copies of the draft rule and the business impact analysis of the
draft rule.
The office shall forward written, telephoned, and
electronically transmitted comments to the state agency having
jurisdiction over the rule. The office has no other duty with
regard to the comments.
Sec. 107.63. As used in this section, "small business" means
an independently owned and operated for-profit or nonprofit
business entity, including affiliates, that has fewer than five
hundred full time employees or gross annual sales of less than six
million dollars, and has operations located in the state.
The small business advisory council is established in the
office of the governor. The council shall advise the governor, the
lieutenant governor, and the common sense initiative office on the
adverse impact draft rules might have on small businesses. The
council shall meet at least quarterly.
The council consists of nine members. The governor, or the
person to whom the governor has delegated responsibilities for the
common sense initiative office under section 107.61 of the Revised
Code, shall appoint five members, the president of the senate
shall appoint two members, and the speaker of the house of
representatives shall appoint two members. A member serves at the
pleasure of the member's appointing authority. The appointing
authorities shall consult with each other and appoint only
individuals who are representative of small businesses, and shall
do so in such a manner that the membership of the council is
composed of representatives of small businesses that are of
different sizes, engaged in different lines of business, and
located in different parts of the state.
Sec. 111.15. (A) As used in this section:
(1) "Rule" includes any rule, regulation, bylaw, or standard
having a general and uniform operation adopted by an agency under
the authority of the laws governing the agency; any appendix to a
rule; and any internal management rule. "Rule" does not include
any guideline adopted pursuant to section 3301.0714 of the Revised
Code, any order respecting the duties of employees, any finding,
any determination of a question of law or fact in a matter
presented to an agency, or any rule promulgated pursuant to
Chapter 119., section 4141.14, division (C)(1) or (2) of section
5117.02, or section 5703.14 of the Revised Code. "Rule" includes
any amendment or rescission of a rule.
(2) "Agency" means any governmental entity of the state and
includes, but is not limited to, any board, department, division,
commission, bureau, society, council, institution, state college
or university, community college district, technical college
district, or state community college. "Agency" does not include
the general assembly, the controlling board, the adjutant
general's department, or any court.
(3) "Internal management rule" means any rule, regulation,
bylaw, or standard governing the day-to-day staff procedures and
operations within an agency.
(4) "Substantive revision" has the same meaning as in
division (J) of section 119.01 of the Revised Code.
(B)(1) Any rule, other than a rule of an emergency nature,
adopted by any agency pursuant to this section shall be effective
on the tenth day after the day on which the rule in final form and
in compliance with division (B)(3) of this section is filed as
follows:
(a) The rule shall be filed in electronic form with both the
secretary of state and the director of the legislative service
commission;
(b) The rule shall be filed in electronic form with the joint
committee on agency rule review. Division (B)(1)(b) of this
section does not apply to any rule to which division (D) of this
section does not apply.
An agency that adopts or amends a rule that is subject to
division (D) of this section shall assign a review date to the
rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date
assigned to a rule exceeds the five-year maximum, the review date
for the rule is five years after its effective date. A rule with a
review date is subject to review under section 119.032 of the
Revised Code. This paragraph does not apply to a rule of a state
college or university, community college district, technical
college district, or state community college.
If all filings are not completed on the same day, the rule
shall be effective on the tenth day after the day on which the
latest filing is completed. If an agency in adopting a rule
designates an effective date that is later than the effective date
provided for by division (B)(1) of this section, the rule if filed
as required by such division shall become effective on the later
date designated by the agency.
Any rule that is required to be filed under division (B)(1)
of this section is also subject to division (D) of this section if
not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or
(8) of this section.
If a rule incorporates a text or other material by reference,
the agency shall comply with sections 121.71 to 121.76 of the
Revised Code.
(2) A rule of an emergency nature necessary for the immediate
preservation of the public peace, health, or safety shall state
the reasons for the necessity. The emergency rule, in final form
and in compliance with division (B)(3) of this section, shall be
filed in electronic form with the secretary of state, the director
of the legislative service commission, and the joint committee on
agency rule review. The emergency rule is effective immediately
upon completion of the latest filing, except that if the agency in
adopting the emergency rule designates an effective date, or date
and time of day, that is later than the effective date and time
provided for by division (B)(2) of this section, the emergency
rule if filed as required by such division shall become effective
at the later date, or later date and time of day, designated by
the agency.
An emergency rule becomes invalid at the end of the ninetieth
day it is in effect. Prior to that date, the agency may file the
emergency rule as a nonemergency rule in compliance with division
(B)(1) of this section. The agency may not refile the emergency
rule in compliance with division (B)(2) of this section so that,
upon the emergency rule becoming invalid under such division, the
emergency rule will continue in effect without interruption for
another ninety-day period.
(3) An agency shall file a rule under division (B)(1) or (2)
of this section in compliance with the following standards and
procedures:
(a) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(b) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(c) The rule shall clearly state the date on which it is to
be effective and the date on which it will expire, if known.
(d) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or the
director's designee gives an agency notice pursuant to section
103.05 of the Revised Code that a rule filed by the agency is not
in compliance with the rules of the legislative service
commission, the agency shall within thirty days after receipt of
the notice conform the rule to the rules of the commission as
directed in the notice.
(C) All rules filed pursuant to divisions (B)(1)(a) and (2)
of this section shall be recorded by the secretary of state and
the director under the title of the agency adopting the rule and
shall be numbered according to the numbering system devised by the
director. The secretary of state and the director shall preserve
the rules in an accessible manner. Each such rule shall be a
public record open to public inspection and may be transmitted to
any law publishing company that wishes to reproduce it.
(D) At least sixty-five days before a board, commission,
department, division, or bureau of the government of the state
files a rule under division (B)(1) of this section, it shall file
the full text of the proposed rule in electronic form with the
joint committee on agency rule review, and the proposed rule is
subject to legislative review and invalidation under division (I)
of section 119.03 of the Revised Code. If a state board,
commission, department, division, or bureau makes a substantive
revision in a proposed rule after it is filed with the joint
committee, the state board, commission, department, division, or
bureau shall promptly file the full text of the proposed rule in
its revised form in electronic form with the joint committee. The
latest version of a proposed rule as filed with the joint
committee supersedes each earlier version of the text of the same
proposed rule. Except as provided in division (F) of this section,
a state board, commission, department, division, or bureau shall
also 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, and along with a
proposed rule in revised form, that is filed under this division.
If a proposed rule has an adverse impact on businesses, the state
board, commission, department, division, or bureau also shall file
the business impact analysis, any recommendations received from
the common sense initiative office, and the associated memorandum
of response, if any, in electronic form along with the proposed
rule, or the proposed rule in revised form, that is filed under
this division.
As used in this division, "commission" includes the public
utilities commission when adopting rules under a federal or state
statute.
This division does not apply to any of the following:
(1) A proposed rule of an emergency nature;
(2) A rule proposed under section 1121.05, 1121.06, 1155.18,
1163.22, 1349.33, 1707.201, 1733.412, 4123.29, 4123.34, 4123.341,
4123.342, 4123.40, 4123.411, 4123.44, or 4123.442 of the Revised
Code;
(3) A rule proposed by an agency other than a board,
commission, department, division, or bureau of the government of
the state;
(4) A proposed internal management rule of a board,
commission, department, division, or bureau of the government of
the state;
(5) Any proposed rule 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.
(6) An initial rule proposed by the director of health to
impose safety standards and quality-of-care standards with respect
to a health service specified in section 3702.11 of the Revised
Code, or an initial rule proposed by the director to impose
quality standards on a facility listed in division (A)(4) of
section 3702.30 of the Revised Code, if section 3702.12 of the
Revised Code requires that the rule be adopted under this section;
(7) A rule of the state lottery commission pertaining to
instant game rules.
If a rule is exempt from legislative review under division
(D)(5) of this section, and if the federal law or rule pursuant to
which the rule was adopted expires, is repealed or rescinded, or
otherwise terminates, the rule is thereafter subject to
legislative review under division (D) of this section.
(E) Whenever a state board, commission, department, division,
or bureau files a proposed rule or a proposed rule in revised form
under division (D) of this section, it shall also file the full
text of the same proposed rule or proposed rule in revised form in
electronic form with the secretary of state and the director of
the legislative service commission. Except as provided in division
(F) of this section, a state board, commission, department,
division, or bureau 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 or
proposed rule in revised form that is filed with the secretary of
state or the director of the legislative service commission.
(F) Except as otherwise provided in this division, the
auditor of state or the auditor of state's designee is not
required to file a rule summary and fiscal analysis along with a
proposed rule, or proposed rule in revised form, that the auditor
of state proposes under section 117.12, 117.19, 117.38, or 117.43
of the Revised Code and files under division (D) or (E) of this
section. If, however, the auditor of state or the designee
prepares a rule summary and fiscal analysis of the original
version of such a proposed rule for purposes of complying with
section 121.24 of the Revised Code, the auditor of state or
designee shall file the rule summary and fiscal analysis in
electronic form along with the original version of the proposed
rule filed under division (D) or (E) of this section.
Sec. 117.20. (A) In adopting rules pursuant to Chapter 117.
of the Revised Code, the auditor of state or the auditor of
state's designee shall do both of the following:
(1) Before adopting any such rule, except a rule of an
emergency nature, do each of the following:
(a) At least thirty-five days before any public hearing on
the proposed rule-making action, mail notice of the hearing to
each public office and to each statewide organization that the
auditor of state or designee determines will be affected or
represents persons who will be affected by the proposed
rule-making action;
(b) Mail a copy of the proposed rule to any person or
organization that requests a copy within five days after receipt
of the request;
(c) Consult with appropriate state and local government
agencies, or with persons representative of their interests,
including statewide organizations of local government officials,
and consult with accounting professionals and other interested
persons;
(d) Conduct, on the date and at the time and place designated
in the notice, a public hearing at which any person affected by
the proposed rule, including statewide organizations of local
government officials, may appear and be heard in person, by
attorney, or both, and may present the person's or organization's
position or contentions orally or in writing.
(2) Except as otherwise provided in division (A)(2) of this
section, comply with divisions (B) to (E) of section 111.15 of the
Revised Code. The auditor of state is not required to file a rule
summary and fiscal analysis along with any copy of a proposed
rule, or proposed rule in revised form, that is filed with the
joint committee on agency rule review, the secretary of state, or
the director of the legislative service commission under division
(D) or (E) of section 111.15 of the Revised Code; however, if the
auditor of state or the auditor of state's designee prepares a
rule summary and fiscal analysis of the original version of a
proposed rule for purposes of complying with section 121.24 of the
Revised Code, the auditor of state or designee shall file a copy
of the rule summary and fiscal analysis in electronic form along
with the original version of the proposed rule filed under
division (D) or (E) of section 111.15 of the Revised Code.
(B) The auditor of state shall diligently discharge the
duties imposed by divisions (A)(1)(a), (b), and (c) of this
section, but failure to mail any notice or copy of a proposed
rule, or to consult with any person or organization, shall not
invalidate any rule.
(C) Notwithstanding any contrary provision of the Revised
Code, the auditor of state may prepare and disseminate, to public
offices and other interested persons and organizations, advisory
bulletins, directives, and instructions relating to accounting and
financial reporting systems, budgeting procedures, fiscal
controls, and the constructions by the auditor of state of
constitutional and statutory provisions, court decisions, and
opinions of the attorney general. The bulletins, directives, and
instructions shall be of an advisory nature only.
(D) As used in this section, "rule" includes the adoption,
amendment, or rescission of a rule.
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.
If a proposed rule, amendment, or
rescission has an adverse impact on businesses, the agency also
shall file the business impact analysis, any recommendations
received from the common sense initiative office, and the agency's
memorandum of response, if any, in electronic form along with the
proposed rule, amendment, or rescission, or along with the
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;
(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;
(e) 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;
(f) That the rule-making agency has failed to demonstrate
through the business impact analysis, recommendations from the
common sense initiative office, and the memorandum of response the
agency has filed under division (H) of this section that the
regulatory intent of the proposed rule, amendment, or rescission
justifies its adverse impact on businesses in this state.
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.
Sec. 119.032. (A) As used in this section:
(1) "Agency" includes both an agency as defined in division
(A)(2) of section 111.15 and an agency as defined in division (A)
of section 119.01 of the Revised Code.
(2) "Review date" means the review date assigned to a rule by
an agency under division (B) or (E)(2) of this section or under
section 111.15, 119.04, or 4141.14 of the Revised Code or a review
date assigned to a rule by the joint committee on agency rule
review under division (B) of this section.
(3)(a) "Rule" means only a rule whose adoption, amendment, or
rescission is subject to review under division (D) of section
111.15 or division (H) of section 119.03 of the Revised Code.
(b) "Rule" does not include a rule adopted, amended, or
rescinded by the department of taxation under section 5703.14 of
the Revised Code, a rule of a state college or university,
community college district, technical college district, or state
community college, or a rule that is consistent with and
equivalent to the form required by a federal law and that does not
exceed the minimum scope and intent of that federal law.
(B) Not later than March 25, 1997, each agency shall assign a
review date to each of its rules that is currently in effect and
shall notify the joint committee on agency rule review of the
review date for each such rule. The agency shall assign review
dates to its rules so that approximately one-fifth of the rules
are scheduled for review during each calendar year of the
five-year period that begins March 25, 1997, except that an
agency, with the joint committee's approval, may set a review
schedule for the agency's rules in which there is no requirement
that approximately one-fifth of the agency's rules be assigned a
review date during each calendar year of the five-year period but
in which all of the agency's rules are assigned a review date
during that five-year period. An agency may change the review
dates it has assigned to specific rules so long as the agency
complies with the five-year time deadline specified in this
division.
Upon the request of the agency that adopted the rule, the
joint committee on agency rule review may extend a review date of
a rule to a date that is not later than one hundred eighty days
after the original review date assigned to the rule by the agency
under this division, division (E)(2) of this section, or section
111.15, 119.04, or 4141.14 of the Revised Code. The joint
committee may further extend a review date that has been extended
under this paragraph if appropriate under the circumstances.
(C) Prior to the review date of a rule, the agency that
adopted the rule shall review the rule to determine all of the
following:
(1) Whether the rule should be continued without amendment,
be amended, or be rescinded, taking into consideration the
purpose, scope, and intent of the statute under which the rule was
adopted;
(2) Whether the rule needs amendment or rescission to give
more flexibility at the local level;
(3) Whether the rule needs amendment or rescission to
eliminate unnecessary paperwork, or whether the rule incorporates
a text or other material by reference and, if so, whether the text
or other material incorporated by reference is deposited or
displayed as required by section 121.74 of the Revised Code and
whether the incorporation by reference meets the standards stated
in sections 121.72, 121.75, and 121.76 of the Revised Code;
(4) Whether the rule duplicates, overlaps with, or conflicts
with other rules;
(5) Whether the rule has an adverse impact on businesses, as
determined under section 107.52 of the Revised Code, and whether
any such adverse impact has been eliminated or reduced as required
under section 121.82 of the Revised Code.
(D) In making the review required under division (C) of this
section, the agency shall consider the continued need for the
rule, the nature of any complaints or comments received concerning
the rule, and any relevant factors that have changed in the
subject matter area affected by the rule.
(E)(1) On or before the designated review date of a rule, the
agency that adopted the rule shall proceed under division (E)(2)
or (5) of this section to indicate that the agency has reviewed
the rule.
(2) If the agency has determined that the rule does not need
to be amended or rescinded, the agency shall file all the
following, in electronic form, with the joint committee on agency
rule review, the secretary of state, and the director of the
legislative service commission: a copy of the rule, a statement of
the agency's determination, and an accurate rule summary and
fiscal analysis for the rule as described in section 127.18 of the
Revised Code. The agency shall assign a new review date to the
rule, which shall not be later than five years after the rule's
immediately preceding review date. After the joint committee has
reviewed such a rule for the first time, including any rule that
was in effect on September 26, 1996, the agency in its subsequent
reviews of the rule may provide the same fiscal analysis it
provided to the joint committee during its immediately preceding
review of the rule unless any of the conditions described in
division (B)(4), (5), (6), (8), (9), or (10) of section 127.18 of
the Revised Code, as they relate to the rule, have appreciably
changed since the joint committee's immediately preceding review
of the rule. If any of these conditions, as they relate to the
rule, have appreciably changed, the agency shall provide the joint
committee with an updated fiscal analysis for the rule. If no
review date is assigned to a rule, or if a review date assigned to
a rule exceeds the five-year maximum, the review date for the rule
is five years after its immediately preceding review date. The
joint committee shall give public notice in the register of Ohio
of the agency's determination after receiving a notice from the
agency under division (E)(2) of this section. The joint committee
shall transmit a copy of the notice in electronic form to the
director of the legislative service commission. The director shall
publish the notice in the register of Ohio for four consecutive
weeks after its receipt.
(3) During the ninety-day period following the date the joint
committee receives a notice under division (E)(2) of this section
but after the four-week period described in division (E)(2) of
this section has ended, the joint committee, by a two-thirds vote
of the members present, may recommend the adoption of a concurrent
resolution invalidating the rule if the joint committee determines
that either any of the following applies apply:
(a) The agency improperly applied the criteria described in
divisions (C) and (D) of this section in reviewing the rule and in
recommending its continuance without amendment or rescission.
(b) The agency failed to file proper notice with the joint
committee regarding the rule, or if the rule incorporates a text
or other material by reference, the agency failed to file, or to
deposit or display, the text or other material incorporated by
reference as required by section 121.73 or 121.74 of the Revised
Code or the incorporation by reference fails to meet the standards
stated in section 121.72, 121.75, or 121.76 of the Revised Code.
(c) The rule has an adverse impact on businesses, as
determined under section 107.52 of the Revised Code, and the
agency has not eliminated or reduced that impact as required under
section 121.82 of the Revised Code.
(4) If the joint committee does not take the action described
in division (E)(3) of this section regarding a rule during the
ninety-day period after the date the joint committee receives a
notice under division (E)(2) of this section regarding that rule,
the rule shall continue in effect without amendment and shall be
next reviewed by the joint committee by the date designated by the
agency in the notice provided to the joint committee under
division (E)(2) of this section.
(5) If the agency has determined that a rule reviewed under
division (C) of this section needs to be amended or rescinded, the
agency, on or before the rule's review date, shall file the rule
as amended or rescinded in accordance with section 111.15, 119.03,
or 4141.14 of the Revised Code, as applicable.
(6) Each agency shall provide the joint committee with a copy
of the rules that it has determined are rules described in
division (A)(3)(b) of this section. At a time the joint committee
designates, each agency shall appear before the joint committee
and explain why it has determined that such rules are rules
described in division (A)(3)(b) of this section. The joint
committee, by a two-thirds vote of the members present, may
determine that any of such rules are rules described in division
(A)(3)(a) of this section. After the joint committee has made such
a determination relating to a rule, the agency shall thereafter
treat the rule as a rule described in division (A)(3)(a) of this
section.
(F) If an agency fails to provide the notice to the joint
committee required under division (E)(2) of this section regarding
a rule or otherwise fails by the rule's review date to take any
action regarding the rule required by this section, the joint
committee, by a majority vote of the members present, may
recommend the adoption of a concurrent resolution invalidating the
rule. The joint committee shall not recommend the adoption of such
a resolution until it has afforded the agency the opportunity to
appear before the joint committee to show cause why the joint
committee should not recommend the adoption of such a resolution
regarding that rule.
(G) If the joint committee recommends adoption of a
concurrent resolution invalidating a rule under division (E)(3) or
(F) of this section, the adoption of the concurrent resolution
shall be in the manner described in division (I) of section 119.03
of the Revised Code.
Sec. 121.39. (A) As used in this section, "environmental
protection" means any of the following:
(1) Protection of human health or safety, biological
resources, or natural resources by preventing, reducing, or
remediating the pollution or degradation of air, land, or water
resources or by preventing or limiting the exposure of humans,
animals, or plants to pollution;
(2) Appropriation or regulation of privately owned property
to preserve air, land, or water resources in a natural state or to
wholly or partially restore them to a natural state;
(3) Regulation of the collection, management, treatment,
reduction, storage, or disposal of solid, hazardous, radioactive,
or other wastes;
(4) Plans or programs to promote or regulate the
conservation, recycling, or reuse of energy, materials, or wastes.
(B) Except as otherwise provided in division (E) of this
section, when proposed legislation dealing with environmental
protection or containing a component dealing with environmental
protection is referred to a committee of the general assembly,
other than a committee on rules or reference, the sponsor of the
legislation, at the time of the first hearing of the legislation
before the committee, shall submit to the members of the committee
a written statement identifying either the documentation that is
the basis of the legislation or the federal requirement or
requirements with which the legislation is intended to comply. If
the legislation is not based on documentation or has not been
introduced to comply with a federal requirement or requirements,
the written statement from the sponsor shall so indicate.
Also at the time of the first hearing of the legislation
before the committee, a statewide organization that represents
businesses in this state and that elects its board of directors
may submit to the members of the committee a written estimate of
the costs to the regulated community in this state of complying
with the legislation if it is enacted.
At any hearing of the legislation before the committee, a
representative of any state agency, environmental advocacy
organization, or consumer advocacy organization or any private
citizen may present documentation containing an estimate of the
monetary and other costs to public health and safety and the
environment and to consumers and residential utility customers,
and the effects on property values, if the legislation is not
enacted.
(C) Until such time as the statement required under division
(B) of this section is submitted to the committee to which
proposed legislation dealing with environmental protection or
containing a component dealing with environmental protection was
referred, the legislation shall not be reported by that committee.
This requirement does not apply if the component dealing with
environmental protection is removed from the legislation or if
two-thirds of the members of the committee vote in favor of a
motion to report the proposed legislation.
(D) Except as otherwise provided in division (E) of this
section, prior to adopting a rule or an amendment proposed to a
rule dealing with environmental protection or containing a
component dealing with environmental protection, a state agency
shall do all of the following:
(1) Consult with organizations that represent political
subdivisions, environmental interests, business interests, and
other persons affected by the proposed rule or amendment;
(2) Consider documentation relevant to the need for, the
environmental benefits or consequences of, other benefits of, and
the technological feasibility of the proposed rule or amendment;
(3) Specifically identify whether the proposed rule or
amendment is being adopted or amended to enable the state to
obtain or maintain approval to administer and enforce a federal
environmental law or to participate in a federal environmental
program, whether the proposed rule or amendment is more stringent
than its federal counterpart, and, if the proposed rule or
amendment is more stringent, the rationale for not incorporating
its federal counterpart;
(4) Include with the proposed rule or amendment and the rule
summary and fiscal analysis required under sections 121.24 and
section 127.18 of the Revised Code, when they are filed with the
joint committee on agency rule review in accordance with division
(D) of section 111.15 or division (H) of section 119.03 of the
Revised Code, one of the following in electronic form, as
applicable:
(a) The information identified under division (D)(3) of this
section and, if the proposed rule or amendment is more stringent
than its federal counterpart, as identified in that division, the
documentation considered under division (D)(2) of this section;
(b) If an amendment proposed to a rule is being adopted or
amended under a state statute that establishes standards with
which the amendment shall comply, and the proposed amendment is
more stringent than the rule that it is proposing to amend, the
documentation considered under division (D)(2) of this section;
(c) If division (D)(4)(a) or (b) of this section is not
applicable, the documentation considered under division (D)(2) of
this section.
If the agency subsequently files a revision of such a
proposed rule or amendment in accordance with division (D) of
section 111.15 or division (H) of section 119.03 of the Revised
Code, the revision shall be accompanied in electronic form by the
applicable information or documentation.
Division (D) of this section does not apply to any emergency
rule adopted under division (B)(2) of section 111.15 or division
(F) of section 119.03 of the Revised Code, but does apply to any
such rule that subsequently is adopted as a nonemergency rule
under either of those divisions.
The information or documentation submitted under division
(D)(4) of this section may be in the form of a summary or index of
available knowledge or information and shall consist of or be
based upon the best available generally accepted knowledge or
information in the appropriate fields, as determined by the agency
that prepared the documentation.
(E) The statement required under division (B) and the
information or documentation required under division (D) of this
section need not be prepared or submitted with regard to a
proposed statute or rule, or an amendment to a rule, if the
statute, rule, or amendment is procedural or budgetary in nature,
or governs the organization or operation of a state agency, and
will not affect the substantive rights or obligations of any
person other than a state agency or an employee or contractor of a
state agency.
(F) The insufficiency, incompleteness, or inadequacy of a
statement, information, documentation, or a summary of information
or documentation provided in accordance with division (B) or (D)
of this section shall not be grounds for invalidation of any
statute, rule, or amendment to a rule.
(G) This section applies only to the following:
(1) Legislation and components of legislation dealing with
environmental protection that are introduced in the general
assembly after March 5, 1996;
(2) Rules and rule amendments dealing with environmental
protection that are filed with the joint committee on agency rule
review in accordance with division (D) of section 111.15 or
division (H) of section 119.03 of the Revised Code after March 5,
1996.
Sec. 121.81. As used in sections 121.81 to 121.83 of the
Revised Code:
(A) "Agency" means a state agency that is required to file
proposed rules for legislative review under division (D) of
section 111.15 or division (H) of section 119.03 of the Revised
Code. "Agency" does not include the offices of governor,
lieutenant governor, auditor of state, secretary of state,
treasurer of state, or attorney general.
(B) "Draft rule" means any newly proposed rule and any
proposed amendment, adoption, or rescission of a rule prior to the
filing of that rule for legislative review under division (D) of
section 111.15 or division (H) of section 119.03 of the Revised
Code and includes a proposed amendment, adoption, or rescission of
a rule in both its original and any revised form. "Draft rule"
does not include an emergency rule adopted under division (B)(2)
of section 111.15 or division (F) of section 119.03 of the Revised
Code, but does include a rule that is proposed to replace an
emergency rule that expires under those divisions.
Sections 121.81 to 121.83 and 121.91 of the Revised Code are
complementary to sections 107.51 to 107.55 and 107.61 to 107.63 of
the Revised Code.
Sec. 121.82. In the course of developing a draft rule that
is intended to be proposed under division (D) of section 111.15 or
division (H) of section 119.03 of the Revised Code, an agency
shall:
(A) Evaluate the draft rule against the business impact
analysis instrument. If, based on that evaluation, the draft rule
will not have an adverse impact on businesses, the agency may
proceed with the rule-filing process. If the evaluation determines
that the draft rule will have an adverse impact on businesses, the
agency shall incorporate features into the draft rule that will
eliminate or adequately reduce any adverse impact the draft rule
might have on businesses;
(B) Prepare a business impact analysis that describes its
evaluation of the draft rule against the business impact analysis
instrument, that identifies any features that were incorporated
into the draft rule as a result of the evaluation, and that
explains how those features, if there were any, eliminate or
adequately reduce any adverse impact the draft rule might have on
businesses;
(C) Transmit a copy of the full text of the draft rule and
the business impact analysis electronically to the common sense
initiative office, which information shall be made available to
the public on the office's web site in accordance with section
107.62 of the Revised Code;
(D) Consider any recommendations made by the common sense
initiative office with regard to the draft rule, and either
incorporate into the draft rule features the recommendations
suggest will eliminate or reduce any adverse impact the draft rule
might have on businesses or document, in writing, the reasons
those recommendations are not being incorporated into the draft
rule; and
(E) Prepare a memorandum of response identifying features
suggested by any recommendations that were incorporated into the
draft rule and features suggested by any recommendations that were
not incorporated into the draft rule, explaining how the features
that were incorporated into the draft rule eliminate or reduce any
adverse impact the draft rule might have on businesses, and
explaining why the features that were not incorporated into the
draft rule were not incorporated.
An agency may not file a proposed rule for legislative review
under division (D) of section 111.15 or division (H) of section
119.03 of the Revised Code earlier than the sixteenth business day
after electronically transmitting the draft rule to the common
sense initiative office.
Sec. 121.83. (A) When an agency files a proposed rule for
legislative review under division (D) of section 111.15 of the
Revised Code or division (H) of section 119.03 of the Revised
Code, the agency electronically shall file one copy of the
business impact analysis, any recommendations received from the
common sense initiative office, and the agency's memorandum of
response, if any, along with the proposed rule.
(B) The joint committee on agency rule review does not have
jurisdiction to review, and shall reject, the filing of a proposed
rule if, at any time while the proposed rule is in its possession,
it discovers that the proposed rule might have an adverse impact
on businesses and the agency has not included with the filing a
business impact analysis or has included a business impact
analysis that is inadequately prepared. The joint committee
electronically shall return a filing that is rejected to the
agency. Such a rejection does not preclude the agency from
refiling the proposed rule after complying with section 121.82 of
the Revised Code. When a filing is rejected under this division,
it is as if the filing had not been made.
Sec. 121.91. (A) Each state agency shall develop, and as it
becomes necessary or advisable may improve, customer service
standards for each employee of the agency whose duties include a
significant level of contact with the public. The agency shall
base the standards on the job descriptions of the positions that
the employees hold in the agency. An agency is not required to
adopt the standards by rule.
Each state agency shall reduce the standards to writing, and
the standards shall be incorporated into employee policy manuals,
job descriptions, and employee performance evaluations.
(B) The state agency, and its officers and employees, shall
comply with the customer service performance standards that have
been developed under division (A) of this section. A state
agency's compliance with the standards shall be evaluated, by the
director of budget and management and the committees of the senate
and house of representatives having jurisdiction over the state
operating budget, as part of the consideration of the state
agency's biennial budget. (If the evaluation is of the office of
budget and management, evaluation by the committees is
sufficient.) An employee's compliance with the standards shall be
evaluated as part of the employee's periodic performance reviews.
A state agency's and employee's compliance with the standards may
be evaluated as part of any performance audit of the state agency.
Sec. 122.08. (A) There is hereby created within the
department of development an office to be known as the office of
small business. The office shall be under the supervision of a
manager appointed by the director of development.
(B) The office shall do all of the following:
(1) Act as liaison between the small business community and
state governmental agencies;
(2) Furnish information and technical assistance to persons
and small businesses concerning the establishment and maintenance
of a small business, and concerning state laws and rules relevant
to the operation of a small business. In conjunction with these
duties, the office shall keep a record of all proposed and
currently effective state agency rules affecting individuals,
small businesses, or small organizations, as defined in section
121.24 of the Revised Code, and may testify before the joint
committee on agency rule review concerning any proposed rule
affecting
individuals, small businesses, or small organizations.
(3) Prepare and publish the small business register under
section 122.081 of the Revised Code;
(4) Receive complaints from small businesses concerning
governmental activity, compile and analyze those complaints, and
periodically make recommendations to the governor and the general
assembly on changes in state laws or agency rules needed to
eliminate burdensome and unproductive governmental regulation to
improve the economic climate within which small businesses
operate;
(5) Receive complaints or questions from small businesses and
direct those businesses to the appropriate governmental agency.
If, within a reasonable period of time, a complaint is not
satisfactorily resolved or a question is not satisfactorily
answered, the office shall, on behalf of the small business, make
every effort to secure a satisfactory result. For this purpose,
the office may consult with any state governmental agency and may
make any suggestion or request that seems appropriate.
(6) Utilize, to the maximum extent possible, the printed and
electronic media to disseminate information of current concern and
interest to the small business community and to make known to
small businesses the services available through the office. The
office shall publish such books, pamphlets, and other printed
materials, and shall participate in such trade association
meetings, conventions, fairs, and other meetings involving the
small business community, as the manager considers appropriate.
(7) Prepare for inclusion in the department of development's
annual report to the governor and general assembly, a description
of the activities of the office and a report of the number of
rules affecting individuals, small businesses, and small
organizations that were filed with recorded by the office under
division (B)(2) of section 121.24 of the Revised Code, during the
preceding calendar year;
(8) Operate the Ohio first-stop business connection to assist
individuals in identifying and preparing applications for business
licenses, permits, and certificates and to serve as the central
public distributor for all forms, applications, and other
information related to business licensing. Each state agency,
board, and commission shall cooperate in providing assistance,
information, and materials to enable the connection to perform its
duties under this division.
(C) The office may, upon the request of a state agency,
assist the agency with the preparation of any rule that will
affect individuals, small businesses, or small organizations.
(D) The director of development shall assign employees and
furnish equipment and supplies to the office as the director
considers necessary for the proper performance of the duties
assigned to the office.
Sec. 122.081. (A) The office of small business in the
department of development shall prepare and publish a "small
business register" or contract with any person as provided in this
section to prepare and publish the register. The small business
register shall contain the following information regarding each
proposed rule filed with recorded by the office of small business
under division (B)(2) of section 121.24 of the Revised Code:
(1) The title and administrative code rule number of the
proposed rule;
(2) A brief summary of the proposed rule;
(3) The date on which the proposed rule was filed with
recorded by the office of small business under division (B)(2) of
section 121.24 of the Revised Code; and
(4) The name, address, and telephone number of the an
individual or office within the agency that proposed the rule who
has been designated as being responsible for complying with
division (E) of section 121.24 of the Revised Code with regard to
can provide information about the proposed rule.
(B) The small business register shall be published on a
weekly basis. The information required under division (A) of this
section shall be published in the register no later than two weeks
after the proposed rule to which the information relates is
filed
with recorded by the office of small business under division
(B)(2) of section 121.24 of the Revised Code. The office of small
business shall furnish the small business register, on a single
copy or subscription basis, to any person who requests it and pays
a single copy price or subscription rate fixed by the office. The
office shall furnish the chairmen chairpersons of the standing
committees of the senate and house of representatives having
jurisdiction over
individuals, small businesses, and small
organizations with free subscriptions to the small business
register.
(C) Upon the request of the office of small business, the
director of administrative services shall, in accordance with the
competitive selection procedure of Chapter 125. of the Revised
Code, let a contract for the compilation, printing, and
distribution of the small business register.
(D) The office of small business shall adopt, and may amend
or rescind, in accordance with Chapter 119. of the Revised Code,
such rules as are necessary to enable it to properly carry out
this section.
Sec. 122.94. The director of the department of development
shall:
(A) Promulgate rules in accordance with Chapter 119. of the
Revised Code for the conduct of the minority business development
division's business and for carrying out the purposes of sections
122.92 to 122.94 of the Revised Code;
(B) Prepare an annual report to the governor and the general
assembly on or before the first day of February of its activities
for the preceding calendar year. In addition to the submissions
required by section 101.68 of the Revised Code, the director shall
submit copies of the annual report to the chairmen of the standing
committees of the senate and house of representatives having
jurisdiction over individuals, small businesses, and small
organizations, as those terms are defined in section 121.24 of the
Revised Code.
Sec. 1710.02. (A) A special improvement district may be
created within the boundaries of any one municipal corporation,
any one township, or any combination of contiguous municipal
corporations and townships for the purpose of developing and
implementing plans for public improvements and public services
that benefit the district. A district may be created by petition
of the owners of real property within the proposed district, or by
an existing qualified nonprofit corporation. If the district is
created by an existing qualified nonprofit corporation, the
purposes for which the district is created may be supplemental to
the other purposes for which the corporation is organized. All
territory in a special improvement district shall be contiguous;
except that the territory in a special improvement district may be
noncontiguous if at least one special energy improvement project
is designated for each parcel of real property included within the
special improvement district. Additional territory may be added to
a special improvement district created under this chapter for the
purpose of developing and implementing plans for special energy
improvement projects if at least one special energy improvement
project is designated for each parcel of real property included
within such additional territory and the addition of territory is
authorized by the initial plan proposed under division (F) of this
section or a plan adopted by the board of directors of the special
improvement district under section 1710.06 of the Revised Code.
The district shall be governed by the board of trustees of a
nonprofit corporation. This board shall be known as the board of
directors of the special improvement district. No special
improvement district shall include any church property, or
property of the federal or state government or a county, township,
or municipal corporation, unless the church or the county,
township, or municipal corporation specifically requests in
writing that the property be included within the district, or
unless the church is a member of the existing qualified nonprofit
corporation creating the district at the time the district is
created. More than one district may be created within a
participating political subdivision, but no real property may be
included within more than one district unless the owner of the
property files a written consent with the clerk of the legislative
authority, the township fiscal officer, or the village clerk, as
appropriate. The area of each district shall be contiguous; except
that the area of a special improvement district may be
noncontiguous if all parcels of real property included within such
area contain at least one special energy improvement thereon.
(B) Except as provided in division (C) of this section, a
district created under this chapter is not a political
subdivision. A district created under this chapter shall be
considered a public agency under section 102.01 and a public
authority under section 4115.03 of the Revised Code. Each member
of the board of directors of a district, each member's designee or
proxy, and each officer and employee of a district shall be
considered a public official or employee under section 102.01 of
the Revised Code and a public official and public servant under
section 2921.42 of the Revised Code. Districts created under this
chapter are not subject to section 121.251 sections 121.81 to
121.83 of the Revised Code. Districts created under this chapter
are subject to sections 121.22 and 121.23 of the Revised Code.
(C) Each district created under this chapter shall be
considered a political subdivision for purposes of section 4905.34
of the Revised Code.
Membership on the board of directors of the district shall
not be considered as holding a public office. Directors and their
designees shall be entitled to the immunities provided by Chapter
1702. and to the same immunity as an employee under division
(A)(6) of section 2744.03 of the Revised Code, except that
directors and their designees shall not be entitled to the
indemnification provided in section 2744.07 of the Revised Code
unless the director or designee is an employee or official of a
participating political subdivision of the district and is acting
within the scope of the director's or designee's employment or
official responsibilities.
District officers and district members and directors and
their designees or proxies shall not be required to file a
statement with the Ohio ethics commission under section 102.02 of
the Revised Code. All records of the district shall be treated as
public records under section 149.43 of the Revised Code, except
that records of organizations contracting with a district shall
not be considered to be public records under section 149.43 or
section 149.431 of the Revised Code solely by reason of any
contract with a district.
(D) Except as otherwise provided in this section, the
nonprofit corporation that governs a district shall be organized
in the manner described in Chapter 1702. of the Revised Code.
Except in the case of a district created by an existing qualified
nonprofit corporation, the corporation's articles of incorporation
are required to be approved, as provided in division (E) of this
section, by resolution of the legislative authority of each
participating political subdivision of the district. A copy of
that resolution shall be filed along with the articles of
incorporation in the secretary of state's office.
In addition to meeting the requirements for articles of
incorporation set forth in Chapter 1702. of the Revised Code, the
articles of incorporation for the nonprofit corporation governing
a district formed under this chapter shall provide all the
following:
(1) The name for the district, which shall include the name
of each participating political subdivision of the district;
(2) A description of the territory within the district, which
may be all or part of each participating political subdivision.
The description shall be specific enough to enable real property
owners to determine if their property is located within the
district.
(3) A description of the procedure by which the articles of
incorporation may be amended. The procedure shall include
receiving approval of the amendment, by resolution, from the
legislative authority of each participating political subdivision
and filing the approved amendment and resolution with the
secretary of state.
(4) The reasons for creating the district, plus an
explanation of how the district will be conducive to the public
health, safety, peace, convenience, and welfare of the district.
(E) The articles of incorporation for a nonprofit corporation
governing a district created under this chapter and amendments to
them shall be submitted to the municipal executive, if any, and
the legislative authority of each municipal corporation or
township in which the proposed district is to be located. Except
in the case of a district created by an existing qualified
nonprofit corporation, the articles or amendments shall be
accompanied by a petition signed either by the owners of at least
sixty per cent of the front footage of all real property located
in the proposed district that abuts upon any street, alley, public
road, place, boulevard, parkway, park entrance, easement, or other
existing public improvement within the proposed district,
excluding church property or property owned by the state, county,
township, municipal, or federal government, unless a church,
county, township, or municipal corporation has specifically
requested in writing that the property be included in the
district, or by the owners of at least seventy-five per cent of
the area of all real property located within the proposed
district, excluding church property or property owned by the
state, county, township, municipal, or federal government, unless
a church, county, township, or municipal corporation has
specifically requested in writing that the property be included in
the district. Pursuant to Section 2o of Article VIII, Ohio
Constitution, the petition required under this division may be for
the purpose of developing and implementing plans for special
energy improvement projects, and, in such case, is determined to
be in furtherance of the purposes set forth in Section 2o of
Article VIII, Ohio Constitution. If a special improvement district
is being created under this chapter for the purpose of developing
and implementing plans for special energy improvement projects,
the petition required under this division shall be signed by one
hundred per cent of the owners of the area of all real property
located within the proposed special improvement district, at least
one special energy improvement project shall be designated for
each parcel of real property within the special improvement
district, and the special improvement district may include any
number of parcels of real property as determined by the
legislative authority of each participating political subdivision
in which the proposed special improvement district is to be
located. For purposes of determining compliance with these
requirements, the area of the district, or the front footage and
ownership of property, shall be as shown in the most current
records available at the county recorder's office and the county
engineer's office sixty days prior to the date on which the
petition is filed.
Each municipal corporation or township with which the
petition is filed has sixty days to approve or disapprove, by
resolution, the petition, including the articles of incorporation.
In the case of a district created by an existing qualified
nonprofit corporation, each municipal corporation or township has
sixty days to approve or disapprove the creation of the district
after the corporation submits the articles of incorporation or
amendments thereto. This chapter does not prohibit or restrict the
rights of municipal corporations under Article XVIII of the Ohio
Constitution or the right of the municipal legislative authority
to impose reasonable conditions in a resolution of approval. The
acquisition, installation, equipping, and improvement of a special
energy improvement project under this chapter shall not supersede
any local zoning, environmental, or similar law or regulation.
(F) Persons proposing creation and operation of the district
may propose an initial plan for public services or public
improvements that benefit all or any part of the district. Any
initial plan shall be submitted as part of the petition proposing
creation of the district or, in the case of a district created by
an existing qualified nonprofit corporation, shall be submitted
with the articles of incorporation or amendments thereto.
An initial plan may include provisions for the following:
(1) Creation and operation of the district and of the
nonprofit corporation to govern the district under this chapter;
(2) Hiring employees and professional services;
(3) Contracting for insurance;
(4) Purchasing or leasing office space and office equipment;
(5) Other actions necessary initially to form, operate, or
organize the district and the nonprofit corporation to govern the
district;
(6) A plan for public improvements or public services that
benefit all or part of the district, which plan shall comply with
the requirements of division (A) of section 1710.06 of the Revised
Code and may include, but is not limited to, any of the permissive
provisions described in the fourth sentence of that division or
listed in divisions (A)(1) to (7) of that section;
(7) If the special improvement district is being created
under this chapter for the purpose of developing and implementing
plans for special energy improvement projects, provision for the
addition of territory to the special improvement district.
After the initial plan is approved by all municipal
corporations and townships to which it is submitted for approval
and the district is created, each participating subdivision shall
levy a special assessment within its boundaries to pay for the
costs of the initial plan. The levy shall be for no more than ten
years from the date of the approval of the initial plan; except
that if the proceeds of the levy are to be used to pay the costs
of a special energy improvement project, the levy of a special
assessment shall be for no more than thirty years from the date of
approval of the initial plan. In the event that additional
territory is added to a special improvement district, the special
assessment to be levied with respect to such additional territory
shall commence not earlier than the date such territory is added
and shall be for no more than thirty years from such date. For
purposes of levying an assessment for this initial plan, the
services or improvements included in the initial plan shall be
deemed a special benefit to property owners within the district.
(G) Each nonprofit corporation governing a district under
this chapter may do the following:
(1) Exercise all powers of nonprofit corporations granted
under Chapter 1702. of the Revised Code that do not conflict with
this chapter;
(2) Develop, adopt, revise, implement, and repeal plans for
public improvements and public services for all or any part of the
district;
(3) Contract with any person, political subdivision as
defined in section 2744.01 of the Revised Code, or state agency as
defined in section 1.60 of the Revised Code to develop and
implement plans for public improvements or public services within
the district;
(4) Contract and pay for insurance for the district and for
directors, officers, agents, contractors, employees, or members of
the district for any consequences of the implementation of any
plan adopted by the district or any actions of the district.
The board of directors of a special improvement district may,
acting as agent and on behalf of a participating political
subdivision, sell, transfer, lease, or convey any special energy
improvement project owned by the participating political
subdivision upon a determination by the legislative authority
thereof that the project is not required to be owned exclusively
by the participating political subdivision for its purposes, for
uses determined by the legislative authority thereof as those that
will promote the welfare of the people of such participating
political subdivision; to improve the quality of life and the
general and economic well-being of the people of the participating
political subdivision; better ensure the public health, safety,
and welfare; protect water and other natural resources; provide
for the conservation and preservation of natural and open areas
and farmlands, including by making urban areas more desirable or
suitable for development and revitalization; control, prevent,
minimize, clean up, or mediate certain contamination of or
pollution from lands in the state and water contamination or
pollution; or provide for safe and natural areas and resources.
The legislative authority of each participating political
subdivision shall specify the consideration for such sale,
transfer, lease, or conveyance and any other terms thereof. Any
determinations made by a legislative authority of a participating
political subdivision under this division shall be conclusive.
Any sale, transfer, lease, or conveyance of a special energy
improvement project by a participating political subdivision or
the board of directors of the special improvement district may be
made without advertising, receipt of bids, or other competitive
bidding procedures applicable to the participating political
subdivision or the special improvement district under Chapter 153.
or 735. or section 1710.11 of the Revised Code or other
representative provisions of the Revised Code.
SECTION 2. That existing sections 103.0511, 111.15, 117.20,
119.03, 119.032, 121.39, 122.08, 122.081, 122.94, and 1710.02 of
the Revised Code are repealed.
SECTION 3. That section 121.24 of the Revised Code is
repealed, effective January 1, 2012.
SECTION 4. The amendments by this act to sections 103.0511,
111.15, 117.20, 119.03, 119.032, 121.39, 122.08, 122.081, 122.94,
and 1710.02 of the Revised Code take effect on January 1, 2012.
SECTION 5. The enactment by this act of sections 107.51 to
107.55 and 121.81 to 121.83 of the Revised Code first applies to a
proposed rule, the original and any revised version of which is
filed with the Joint Committee on Agency Rule Review on or after
January 1, 2012, and to any rule that is scheduled for review
under section 119.032 of the Revised Code on or after January 1,
2012. If rule-making proceedings are commenced and completed
before January 1, 2012, sections 107.51 to 107.55 and 121.81 to
121.83 of the Revised Code do not apply to the proceedings, and
section 121.24 of the Revised Code applies to the proceedings
instead. If rule-making proceedings are commenced but not
completed before January 1, 2012, section 121.24 of the Revised
Code applies to the original version of the proposed rule if it is
filed with the Joint Committee before that date, and sections
107.51 to 107.55 and 121.81 to 121.83 of the Revised Code apply to
any revised version of the proposed rule that is filed on or after
that date.
Section 121.24 and sections 107.51 to 107.55 and 121.81 to
121.83 of the Revised Code do not apply to a proposed rule that is
deemed the original version of a proposed rule by the carry-over
provisions in division (I)(2) of section 119.03 of the Revised
Code. Whether section 121.24 or sections 107.51 to 107.55 and
121.81 to 121.83 of the Revised Code applied to such a proposed
rule before its carry over, the results of that application are
carried over with the proposed rule.
SECTION 6. The Common Sense Initiative Office shall publish
the first edition of the Business Impact Analysis Instrument in
the Register of Ohio as soon as practicable after the effective
date of this act but not later than October 3, 2011.
SECTION 7. Notwithstanding the delayed effective date
applying to the amendments by this act to section 103.0511 of the
Revised Code, the electronic rule-filing system shall be modified
to connect the Common Sense Initiative Office into the system as
soon as practicable after the effective date of this act but not
later than August 15, 2011.
SECTION 8. The Governor shall set up the Common Sense
Initiative Office and have it in operation as soon as practicable
after the effective date of this act but not later than August 15,
2011.
SECTION 9. Not later than 180 days after the effective date
of Am. Sub. H.B. 1 of the 129th General Assembly, the Governor, in
consultation with the Director of Development, shall determine
whether the Office of Small Business in the Department of
Development shall be transferred to the Common Sense Initiative
Office or, in the alternative, the best way to avoid duplication
of services offered to small businesses by those offices.
|