Bill Text: OH HB368 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To create the Long-range Financial Outlook Council for the purpose of informing the public and the General Assembly about the financial status of the state by studying financial and other conditions and issuing an annual long-range financial outlook report.

Spectrum: Moderate Partisan Bill (Republican 28-6)

Status: (Introduced - Dead) 2011-11-02 - To Finance & Appropriations [HB368 Detail]

Download: Ohio-2011-HB368-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 368

Representatives Roegner, Hagan, C. 

Cosponsors: Representatives Huffman, Grossman, Newbold, Derickson, Buchy, Duffey, Wachtmann, Terhar, Stebelton, McGregor, Thompson, Bubp, Adams, J., Blessing, Uecker, Gonzales, Slaby, Hill, Brenner, McClain, Gardner, Henne, Yuko, Patmon, Hayes Speaker Batchelder  Representatives Milkovich, Sears, Anielski, Barnes, Stinziano, Slesnick 

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A BILL

To amend sections 101.82 and 103.13 and to enact

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sections 103.35 to 103.39 and 107.036 of the

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Revised Code to create the Long-range Financial

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Outlook Council for the purpose of informing the

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public and the General Assembly about the

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financial status of the state by studying

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financial and other conditions and issuing an

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annual long-range financial outlook report.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 101.82 and 103.13 be amended and	9
sections 103.35, 103.36, 103.37, 103.38, 103.39, and 107.036 of	10
the Revised Code be enacted to read as follows:	11

Sec. 101.82.  As used in sections 101.82 to 101.87 of the	12
Revised Code:	13

(A) "Agency" means any board, commission, committee, or	14
council, or any other similar state public body required to be	15
established pursuant to state statutes for the exercise of any	16
function of state government and to which members are appointed or	17
elected. "Agency" does not include the following:	18

(1) The general assembly, or any commission, committee, or	19
other body composed entirely of members of the general assembly;	20

(2) Any court;

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(3) Any public body created by or directly pursuant to the	22
constitution of this state;	23

(4) The board of trustees of any institution of higher	24
education financially supported in whole or in part by the state;	25

(5) Any public body that has the authority to issue bonds or	26
notes or that has issued bonds or notes that have not been fully	27
repaid;	28

(6) The public utilities commission of Ohio;

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(7) The consumers' counsel governing board;

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(8) The Ohio board of regents;

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(9) Any state board or commission that has the authority to	32
issue any final adjudicatory order that may be appealed to the	33
court of common pleas under Chapter 119. of the Revised Code;	34

(10) Any board of elections;

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(11) The board of directors of the Ohio insurance guaranty	36
association and the board of governors of the Ohio fair plan	37
underwriting association;	38

(12) The Ohio public employees deferred compensation board;

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(13) The Ohio retirement study council;

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(14) The board of trustees of the Ohio police and fire	41
pension fund, public employees retirement board, school employees	42
retirement board, state highway patrol retirement board, and state	43
teachers retirement board;	44

(15) The industrial commission;

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(16) The parole board;

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(17) The board of tax appeals;

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(18) The controlling board;

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(19) The release authority of department of youth services;

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(20) The environmental review appeals commission;

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(21) The Ohio ethics commission;

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(22) The Ohio public works commission;

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(23) The self-insuring employers evaluation board;

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(24) The state board of deposit;

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(25) The state employment relations board;

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(26) The long-range financial outlook council.

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(B) "Abolish" means to repeal the statutes creating and	57
empowering an agency, remove its personnel, and transfer its	58
records to the department of administrative services pursuant to	59
division (E) of section 149.331 of the Revised Code.	60

(C) "Terminate" means to amend or repeal the statutes	61
creating and empowering an agency, remove its personnel, and	62
reassign its functions and records to another agency or officer	63
designated by the general assembly.	64

(D) "Transfer" means to amend the statutes creating and	65
empowering an agency so that its functions, records, and personnel	66
are conveyed to another agency or officer.	67

(E) "Renew" means to continue an agency, and may include	68
amendment of the statutes creating and empowering the agency, or	69
recommendations for changes in agency operation or personnel.	70

Sec. 103.13.  The Ohio legislative service commission shall:

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(A) Conduct research, make investigations, and secure	72
information or data on any subject and make reports thereon to the	73
general assembly;	74

(B) Ascertain facts and make reports concerning the state	75
budget, the revenues and expenditures of the state, and of the	76
organization and functions of the state, its departments,	77
subdivisions, and agencies;	78

(C) Make surveys, investigations, and studies, and compile	79
data, information, and records on any question which may be	80
referred to it by either house of the general assembly or any	81
standing committee of the general assembly;	82

(D) Assist and cooperate with any interim legislative	83
committee or other agency created by the general assembly;	84

(E) Prepare or advise in the preparation of any bill or	85
resolution, when requested by any member of the general assembly;	86

(F) Collect, classify, and index the documents of the state	87
which shall include executive and legislative documents and	88
departmental reports and keep on file all bills, resolutions, and	89
official journals printed by order of either house of the general	90
assembly;	91

(G) Provide members of the general assembly with impartial	92
and accurate information and reports concerning legislative	93
problems in accordance with rules prescribed by the commission;	94

(H) Annually collect the reports required by section 4743.01	95
of the Revised Code and prepare a report evaluating the extent to	96
which state boards and commissions which regulate occupations are	97
financially self-supporting. The report shall be presented to the	98
speaker and the minority leader of the house of representatives,	99
the president and the minority leader of the senate, and the	100
chairperson and ranking minority member of the finance committees	101
of both houses, on or before the thirty-first day of December each	102
year.	103

(I) Codify the rules of administrative agencies of the state	104
in accordance with the provisions of section 103.05 of the Revised	105
Code;	106

(J) Publish the register of Ohio under section 103.051 of the	107
Revised Code;	108

(K) Operate the electronic rule-filing system under section	109
103.0511 of the Revised Code;	110

(L) Conduct research and provide staffing and technical	111
assistance to the long-range financial outlook council under	112
sections 103.35 to 103.39 of the Revised Code.	113

Sec. 103.35. (A) There is hereby created the long-range	114
financial outlook council consisting of at least fifteen but not	115
more than twenty-one members. The members of the council shall be	116
residents of the state and shall include individuals with	117
expertise in financial institutions and financial services. Not	118
more than one-half plus one of the members shall be members of the	119
same political party. No member of the general assembly shall	120
serve as a member of the council. Members shall be appointed as	121
follows:	122

(1) One member appointed by the chairperson of the Ohio	123
legislative service commission, who shall serve as the council	124
chairperson;	125

(2) Two members appointed by the director of budget and	126
management;	127

(3) At least six, but not more than nine, members appointed	128
by the speaker of the house of representatives, which appointments	129
shall include at least one certified public accountant, at least	130
one certified financial analyst, at least one economist, and at	131
least one banker;	132

(4) At least six, but not more than nine, members appointed	133
by the president of the senate, which appointments shall include	134
at least one certified public accountant, at least one certified	135
financial analyst, at least one economist, and at least one	136
banker.	137

(B) Appointments to the council shall be made not later than	138
March 1, 2012. Of the initial appointments made by the speaker of	139
the house of representatives, at least two, but not more than	140
three, shall be for terms ending March 1, 2013, at least one, but	141
not more than two, shall be for terms ending March 1, 2014, at	142
least one, but not more than two, shall be for terms ending March	143
1, 2015, and two shall be for terms ending March 1, 2016. Of the	144
initial appointments made by the president of the senate, at least	145
two, but not more than three, shall be for terms ending March 1,	146
2013, at least one, but not more than two, shall be for terms	147
ending March 1, 2014, at least one, but not more than two, shall	148
be for terms ending March 1, 2015, and two shall be for terms	149
ending March 1, 2016. The initial appointments made by the	150
director shall be for terms ending March 1, 2016. The initial	151
appointment made by the commission chairperson shall be for a term	152
ending March 1, 2014. Thereafter, except for the term of office	153
for the council chairperson, terms of office shall be for four	154
years, with each term ending on the same day of the same month as	155
the term that it succeeds. The term of office for the council	156
chairperson shall be for two years, with the term ending on the	157
same day of the same month as the term it succeeds.	158

Each member of the council shall hold office from the date of	159
appointment until the end of the term for which the member was	160
appointed. Members may be reappointed. Vacancies shall be filled	161
in the manner provided for original appointments. Any member	162
appointed to fill a vacancy occurring prior to the expiration date	163
of the term for which the member's predecessor was appointed shall	164
hold office as a member for the remainder of that term. A member	165
shall continue in office subsequent to the expiration date of the	166
term until the member's successor takes office or until a period	167
of sixty days has elapsed, whichever occurs first.	168

(C) Members of the council shall serve without compensation	169
but shall be reimbursed for the actual and necessary expenses	170
incurred in the performance of their official duties.	171

Sec. 103.36. (A) The long-range financial outlook council	172
annually shall:	173

(1) Conduct regular reviews of the current fiscal position of	174
the state, including the state debt and debt service, and	175
establish a method for a long-range financial projection at the	176
state level in order to help maintain the state's financial	177
stability between fiscal years and avoid future budget problems;	178

(2) Integrate baseline projections of the budget requirements	179
of the major programs comprising the state's budget with revenue	180
estimates for the state based on current law;	181

(3) Analyze the state's long-range financial outlook for the	182
purpose of providing impartial, accurate information to assist the	183
general assembly in establishing the state's biennial budget;	184

(4) Study economic forecasts for the state;

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(5) Review the demographics of the state;

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(6) Request information from state agencies about their	187
financial status and projections for the next four fiscal years;	188

(7) Determine the accuracy of financial projections in	189
previous long-range financial outlook reports issued pursuant to	190
section 103.38 of the Revised Code.	191

(B) State agencies, including the office of budget and	192
management, shall cooperate with the council and provide	193
information based on current law to the council as requested.	194

(C) The council may study other issues that the council	195
determines have the potential to temporarily or permanently affect	196
the financial outlook of the state.	197

Sec. 103.37.  The long-range financial outlook council shall	198
meet at the call of the chairperson and shall conduct public	199
hearings at which interested parties, including state agency	200
representatives, may submit testimony about the financial outlook	201
of the state.	202

Sec. 103.38.  (A) Upon completion of the review and analysis	203
required under section 103.36 of the Revised Code, but not later	204
than September 1, 2012, and the first of September annually	205
thereafter, the long-range financial outlook council shall issue a	206
long-range financial outlook report, including an executive	207
summary, of its findings. The report shall include, but shall not	208
be limited to, the following information agreed to by council	209
consensus and based on current law and demographic and other	210
factors as specified by the council:	211

(1) Projections of future financial needs of the state for	212
the next four fiscal years;	213

(2) Projections of future resources of the state;

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(3) Actual revenues for the previous three fiscal years and	215
revenue estimates for the next four fiscal years;	216

(4) A review of both revenue estimates and projections for	217
the budget requirements and expenditures of major state-funded	218
programs;	219

(5) Per agency workload estimates for state agencies.

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(B) The Ohio legislative service commission shall conduct	221
research and provide staffing and technical assistance for the	222
council.	223

(C) Upon request of the commission, the office of budget and	224
management and all other state agencies shall provide all readily	225
available information based on current law to the commission.	226

(D) Each year upon the adoption of the report by a majority	227
of the council members, the council shall do the following:	228

(1) Publish the latest report on the web sites of the general	229
assembly, the commission, and the office of budget and management;	230

(2) Submit the report to the general assembly and the	231
executive summary of the report to the clerk of the house of	232
representatives.	233

Sec. 103.39. Beginning in 2013 and annually thereafter, the	234
general assembly shall meet in joint convention, not later than	235
January 31, for the purpose of receiving the most recent	236
long-range financial outlook report issued by the long-range	237
financial outlook council pursuant to section 103.38 of the	238
Revised Code. The clerk of the house of representatives or a	239
person designated by the clerk shall read the executive summary of	240
the report at the joint convention.	241

Sec. 107.036.  As part of the governor's executive budget	242
proposal submitted biennially to the general assembly pursuant to	243
section 107.03 of the Revised Code, the governor shall include a	244
review of the most recent long-range financial outlook report	245
adopted by the long-range financial outlook council along with	246
recommendations for revisions to the report.	247

Section 2. That existing sections 101.82 and 103.13 are	248
hereby repealed.	249