Amended Substitute Senate Bill 11 of the 123rd General Assembly required the Ohio Legislative Service Commission (LSC) to establish and maintain an electronic rule-filing system to connect LSC, the Joint Committee on Agency Rule Review (JCARR), and the Secretary of State's Office with the rule-filing state agencies, colleges, and universities. The legislation required that the system be established so that beginning April 1, 2002, all rules would be filed, and all responses from LSC, JCARR, or the Secretary of State would be made exclusively by electronic means.
As a result of this legislation, as of April 1, 2002, all rules were to be filed electronically, thereby fulfilling the mandate of S.B. 11 that the electronic rule-filing system be the exclusive means for filing rules.
Substitute Senate Bill 265 of the 124th General Assembly, effective September 17, 2002, regulates the incorporation of a text or other material into an administrative rule by reference. To comply with this legislation, the electronic rule-filing system was modified to allow for the electronic filing of material subject to the new requirements. The requirements of S.B. 265 apply to rules that are originally filed, revised, or filed for five-year-review with no changes, on or after October 17, 2002.
Senate Bill 2 of the 132nd General Assembly eliminated the existing small business administrative rule review process and established a new process to be in place by January 1, 2012 to evaluate whether administrative rules proposed by state agencies have an adverse impact on businesses and, if so, to reduce or eliminate that impact. The new business impact review procedure applies to the original filing and any revised or refiled filing of a rule. The Act provided that JCARR must reject a proposed rule if JCARR determines that the rule might have an adverse impact on businesses and that the Business Impact Analysis does not accompany the rule or if the analysis is not adequately prepared. When a proposed rule is rejected, it is as if the proposed rule had not been filed with JCARR, thereby ending the lifecycle of that filing. The Act also required certain documents created by the Common Sense Initiative Office to be published in the Register of Ohio by October 3, 2011. To comply with this legislation, the electronic rule-filing system was modified to allow for the electronic filing of material subject to the new requirements.
Amended Substitute Senate Bill 3 of the 131st General Assembly changed the current rule filing procedures followed by state institutions of higher education by requiring the publication of rules on state institution of higher education websites, requiring the publication of rules in the Register of Ohio and online Ohio Administrative Code, the inclusion of rules in RuleWatch Ohio, and the refiling of all existing rules by September 17, 2014. The Register of Ohio, online Ohio Administrative Code, and RuleWatch Ohio was modified to allow the publication of rules filed by state institutions of higher education to comply with this legislation.
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