Members Only
AN INFORMATIONAL BRIEF PREPARED FOR MEMBERS OF THE OHIO GENERAL ASSEMBLY BY THE LEGISLATIVE SERVICE COMMISSION STAFF
Volume 122 Issue 5 July 24, 1998
A GUIDE TO LEGISLATIVE HISTORY IN OHIO
PREPARED BY: MIKE FRANCZAK, LSC STAFF ATTORNEY ERIC VENDEL, LSC STAFF ATTORNEY MICHAEL GRIFFATON, LSC STAFF ATTORNEY REVIEWED BY: RICH MERKEL, DIVISION CHIEF
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Introduction1
The ambiguities that occur so frequently in the language of our laws often require researchers to locate sources of legislative history from which to learn the intent of a legislative body. The Ohio Supreme Court has said that [t]he polestar of construction and interpretation of statutory language is legislative intention. 2 Courts will determine intent from statutory language alone when that is possible, but Ohio law authorizes them to consider other matters if the statute to be construed is ambiguous.3 These other matters include [t]he circumstances under which the statute was enacted, the legislative history of the enactment, and [t]he common law or former statutory provisions, including laws upon the same or similar subjects.4 The term legislative history primarily has been used in two senses. First, it has been used in a broad sense to refer to the general subject of a statute, including the history of social factors prompting the legislation.5 Second, the term has been used more narrowly to refer to the background and events, including committee reports, hearings, and floor debates, leading up to the enactment of a law.6 Although Ohio courts sometimes have considered the general history and circumstances surrounding the enactment of laws,7 we are concerned here only with legislative history in the narrower sense of the term. The Ohio Supreme Court has stated that no legislative history of
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statutes is maintained in Ohio.8 The Court is only partly correct. The General Assembly does not maintain a formal, comprehensive record of legislative activity with respect to a particular piece of legislation as occurs, for example, in the U.S. Congress. Certain sources of Ohio legislative history, however, are available, and Ohio courts have made use of them in attempting to identify legislative intent.9 The purposes of this Guide to Legislative History are to demystify the perception that there is no legislative history in Ohio and to serve as a manual in finding and using available sources that can serve as a tool to understanding the meaning of a law.
Sources of Legislative History
The Ohio Supreme Court has stated, in terms of determining legislative intent, that it will give credence to any sources of legislative history that are helpful and objective.10 In addition, a lower court in Ohio has stated that it will give greater weight to the sources of legislative history that the General Assembly had at the time it considered and enacted a statute.11 With that in mind, here is a discussion of the various sources of legislative history in Ohio. Since finding a source of legislative history can sometimes be as difficult as understanding a sources use, a chart entitled Directory of Sources of Legislative Information Available to Members of the General Assembly can be found in Appendix A. The
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chart also lists relevant telephone old and new laws side by side and numbers for finding how to obtain compare them. From 1927 to 1969 these legislative history sources. (volumes 112-132 of Laws of Ohio), the session laws showed deletions by Laws of Ohio asterisks and insertions by italics. In order to identify deletions, the reLaws of Ohio is the only official searcher also must set the old and new publication of the enactments of the laws side by side and compare them. General Assembly. The Secretary of Since 1969, the session laws have State publishes it at the end of each bi- included old language but indicated ennial session of the General Assem- its deletion by a line striking through bly.12 Laws of Ohio contains a com- it; new language is printed in capital plete record of the laws passed by the letters. General Assembly, including those laws A researcher can examine the later vetoed by the Governor and legislative history of a statute by uncodified laws,13 which are not re- comparing the statute in question with
Legislative History Source Information Contained in Source Usefulness of Source Information Useful in showing how earlier acts affected a statute and what exact changes to a section of law were made by prior acts Legal Significance, if any Only official publication of the enactments of the General Assembly; helpful in ascertaining legislative intent, printing errors, or careless drafting How to Obtain the Source Look up historical citation of section in either version of the Revised Code and locate proper Laws of Ohio version--available at the LSC Library, Ohio Supreme Court Library, or State Library of Ohio, the Ohio Historical Society and some county law libraries, law school libraries, or larger public libraries
Laws of Ohio Published enactments of the General Assembly, including full text and titles of acts, uncodified law, and laws later vetoed by the Governor
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printed in either of the versions of the Revised Code published by the Anderson Publishing Company (red-colored code) or Banks-Baldwin Law Publishing Company (blue-colored code).14 Until 1927, the session laws as found in Laws of Ohio did not indicate the changes in existing statutes made by each new act; to determine these changes, the researcher must set the
its predecessor or successor acts. Laws of Ohio is especially useful in attempting to learn how earlier acts affected a particular section of the Revised Code or what exact changes were in an act from a previous General Assembly. Prior versions of statutes may clarify ambiguities caused by printing or drafting errors. The Ohio Revised Code authorizes a court, in
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determining the intention of the legislature, to consider, among other matters, former statutory provisions, including laws upon the same or similar subjects[.]15 The simplest way to identify and locate prior versions of a statute is to examine either of the versions of the Revised Code--Anderson or BanksBaldwin. The two versions of the Revised Code list after each section of law the sections effective date and the entire history of the section, including its citation to earlier statutory codifications such as the Swan and Sayler (S&S), the Revised Statutes of Ohio (RS), and the Ohio General Code (GC), as well as citations to the session laws, Laws of Ohio, that enacted or amended a section of the Revised Code.16 Anderson provides the effective date of all legislation affecting a section subsequent to the adoption of the Revised Code in 1953; BanksBaldwin provides the effective date for the current version and all prior versions of a section beginning with legislation enacted in 1953. In the Anderson version, legislative history appears in chronological order after the notation History. In BanksBaldwin, the legislative history follows the section parenthetically and references to pre-1953 amendments are listed in reverse chronological order under Historical and Statutory Notes. See the example of R.C. § 5145.15 in the box below. The references to Laws of Ohio in Andersons Revised Code appear in one of two forms depending on the volume number in which the act is
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found. References to earlier volumes indicate first the volume number along with the symbol v and the page of the volume on which the act is found (125 v 887). References to later and more recent volumes indicate the volume number followed by the bill number of the act (134 v H494). Banks-Baldwin provides the bill number as well in referencing Laws of Ohio; however, the reference in its version of the Revised Code indicates the year of enactment followed by the bill number (1980 H 654). The two years that comprise a particular legislative session or General Assembly are listed on the side of each volume of Laws of Ohio. See Laws of Ohio Volume Number/General Assembly/ Enactment Year Conversion Chart in Appendix B for a breakdown of years and equivalent General Assemblies and Laws of Ohio volume numbers; see also Appendix C for an example of the spine of a volume of Laws of Ohio and the first page of H.B. 654 as contained in that volume. Once the correct volume has been determined, a researcher can find the act that affected the particular section of law by paging through the particular Laws of Ohio volume. Each volume of Laws of Ohio contains an index of acts contained in the volume. A person should exercise caution when researching citations to session laws of the text of a particular statute through either of the versions of the Revised Code. The two private publishers provide citations to the session laws that enacted or amended a Revised Code section as an editorial
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LEGISLATIVE HISTORY CITATIONS
In Anderson, R.C. §5145.15 is entitled Department may employ prisoners in certain work for the state and the legislative history of that section appears as follows:
Revised Statutes Swan & Sayler General Code
History: RS §7424; S&S §516; 73 v 40; §26; GC §2183; 103 v 65;
Effective Date of Revised Code An Act appearing on Page 887, Volume 125 of Laws of Ohio
Bureau of Code Revision, 10-1-53; 125 v 887 (Eff 7-1-54); 134 v H 494 (Eff 7-12-72); 138 v H 654. Eff. 4-9-82
HB 494 appearing in Volume 134 of Laws of Ohio Last amendment to section was by HB 654 appearing in Volume 138 of Laws of Ohio Effective Date of last amendment
In Banks-Baldwin, R.C. §5145.15 is entitled Manufacture of articles for governments and the legislative history for that section appears as follows:
HB 494 enacted in 1972 HB 1 creating the Revised Code in 1953 General Code
(1980 H 654, eff. 4-9-82; 1972 H 494; 125 v 823; 1953 H 1; GC 2183)
Last amendment to section was by HB 654 in 1980, effective 4/9/82 Revised Statutes
5
Historical and Statutory Notes Pre-1953 H 1 Amendments: 103 v 65; RS 7425
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service to their customers, and the citations may not be accurate. If the language of an enrolled act deposited with the Secretary of State conflicts with the language of any subsequent printing or reprinting of a statute, whether printed in either of the Revised Code versions or in Laws of Ohio, the Ohio Revised Code provides that the language of the enrolled act prevails.17 Since Ohio does not publish an official version of the Revised Code, the enrolled acts filed with the Secretary of State are the actual statutory law of Ohio. Nevertheless, the copies of the enrolled acts found in Laws of Ohio probably are the best source of evidence of this law, followed by either of the two private publisher versions of the Revised Code. Journals of the House of Representatives and the Senate The House and Senate Journals are the official printed records of the
Legislative History Source Senate & House Journals Information Contained in Source The minutes of both houses, which record procedural actions taken on bill: introductions, referrals to and reports by committees, floor motions, and votes Usefulness of Source Information Shows the text of floor amendments and committee reports (unless amendments are incorporated into a substitute bill)
activities of the respective houses. The respective Clerks offices print the journals on the day following each session day. The journals are like the minutes of each house in that they record only procedural actions taken on bills: introductions, referrals to and reports by committees,18 floor motions, and votes. The journals list the sponsors and titles of bills, but do not contain the full text of legislation nor any debate transcript for a particular bill. Journals, however, do furnish the texts of amendments recommended by a reporting committee (unless the committee incorporates the amendment into a substitute bill) as well as the text of floor amendments offered during the consideration of a bill. The journals show the texts of both of these types of amendments with deletions to existing material indicated by strikethroughs and insertions presented in capital letters.19 They also show the votes of each member on committee and conference committee reports,
Legal Significance, if any How to Obtain the Source Available daily in LSC Bill Room; bound biennially and available at the LSC Library, Ohio Supreme Court Library, or State Library of Ohio, the Ohio Historical Society and some county law libraries or larger public libraries
Official record of legislative action of General Assembly; significant in determining compliance with enactment requirements of Ohio Constitution
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emergency clauses, floor motions, appointments, and third consideration.20 See Appendix D for an example of the cover and a page from the Senate Journal. Ohio courts have given greater weight to the journals than to any other source of legislative history, except perhaps prior versions of the statute at issue.21 In State ex. rel. Peters v. McCollister, the Ohio Supreme Court called journals the most satisfactory record of legislative action of the General Assembly. 22 Similarly, although the journals cannot be used to impeach the text of an act,23 they are significant in determining compliance with the requirements of the Ohio Constitution pertaining to the enactment of legislation.24 They also serve as an excellent source of legislative information regarding the full text of floor amendments and committee and conference committee reports on a bill.
Legislatively Declared Intent Statements in Uncodified Law25 Sometimes, the legislature will amend or enact sections of law in response to judicial decisions and will legislatively declare through uncodified sections of law its intent to do so. These uncodified sections of law can serve as a highly powerful source of legislative history as to the intent or rationale behind the enactment of a statute. For example, Section 7 of Am. Sub. S.B. 20 of the 120th General Assembly provides:
It is the intent of the General Assembly in amending division (A)(2) of section 3937.18 of the Revised Code to supersede the effect of holding of the Ohio Supreme Court in the October 1, 1993 decision in Savoie v. Grange Mut. Ins. Co. (1993), 67 Ohio St. 3d 500, relative to the application of underinsured motorist coverage in those
Legislative History Source Legislatively declared intent statements in uncodified law
Information Contained in Source Intent statements of the legislature in enacting a statute or refuting a court interpretation of a section of law
Usefulness of Source Information Expressly helps determine legislative intent behind an enactment
Legal Significance, if any Statements may indicate intent to supersede or refute the holding of a court case and be binding on any future court interpretations
How to Obtain the Source Contained in selected provisions of uncodified law under related Revised Code sections and in acts reproduced in Laws of Ohio
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situations involving accidents where the tortfeasors bodily injury liability limits are greater than or equal to the limits of the underinsured motorist coverage.
Bulletin of the General Assembly
The Bulletin of the General Assembly is a useful tool in identifying the content and history of each bill introIf a lawmaking body declares its own duced in either house. It provides the intention in the enactment of a title and a progress report on each bill. particular law . . . it is within the The Bulletin lists each bill in nuexercise of its legislative power, and merical order and also includes a its construction of its language should subject matter index of all bills to
Legislative History Source Bulletin Information Contained in Source Provides the title and actions taken on every bill introduced in either house of the General Assembly Usefulness of Source Information Provides date of action for every action taken on a bill and a citation to the relevant page in the House or Senate Journal Legal Significance, if any Significant in checking internal legislative history of an act including determining compliance with enactment requirements of Ohio Constitution and legislative intent based on the title How to Obtain the Source Final Bulletin and interim Bulletin of current session, if published, and for past session are available at the Senate Bill Room as well as other locations listed below Two or more sessions ago--available at the LSC Library, Ohio Supreme Court Library, or State Library of Ohio, the Ohio Historical Society and some county law libraries, law school libraries, or larger public libraries
be followed.26 Both Anderson and Banks-Baldwin print selected provisions of uncodified law under related Revised Code sections.27 Laws of Ohio reproduces all sections of uncodified law contained in an act.
assist in locating legislation related to a specific topic. Each entry includes the names of the sponsors, the title of the bill, the committees to which the bill has been referred, and the actions taken in committee and on the floor of
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each house in which the bill is considered. Each entry also shows whether a bill has been amended, substituted for, or vetoed and whether an emergency clause has been added. If the bill has passed, the Bulletin will show the vote in each house and the effective date. For every action taken, the Bulletin gives the date of the action and a citation to the relevant page in the House or Senate Journal. The Bulletin also includes tables of the Ohio Constitution and Revised Code sections affected by all bills and by enacted bills, as well as lists of bills introduced by House and Senate sponsors. The Bulletin, however, may not update a bills title if the title has been amended during the legislative process. Usually, the first Bulletin prepared for a General Assembly is
Legislative History Source Digest of Enactments Information Contained in Source Provides a synopsis of all bills that have been enacted since the publication of the preceding Digest
explained below) is published in a paper format once a week while the General Assembly is in session, less often at other times. For the purposes of the Internet, the Status Sheet is updated weekly. It updates much of the information contained in the Bulletin published at the end of the first annual session and before the Bulletins final publication. See Appendix E for an example of a page from the Bulletin. Digest of Enactments (formerly called Summary of Enactments prior to 1995) The Ohio Legislative Service Commission (LSC) publishes a Digest of Enactments twice during the biennial term of a General Assembly.
Legal Significance, if any Indicates the general purpose and effect of an acts various provisions How to Obtain the Source Available at Ohio Legislative Service Commission, Ohio Supreme Court Library, or State Library of Ohio, the Ohio Historical Society, and some county law libraries, law school libraries, or larger public libraries; effective with calendar year 1997 session, available via the LSC Internet web site at www.lsc.state.oh.us
Usefulness of Source Information Each entry notes the bill number, sponsors, and effective date of, and the sections of the Revised Code enacted, amended, or repealed by, the act along with a short summary of the act
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published at the end of the first annual session, and a final Bulletin is published at the end of the General Assembly. Between these publications, the LSC Legislative Status Sheet (more fully
Each Digest provides a synopsis of all bills that have been enacted since the publication of the preceding Digest. The entries are organized by subject area. Each entry notes the bill num-
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ing law and may point out problems with the bill, such as internal inconsistencies or possible constitutional problems. Typically, the LSC first prepares an analysis when a bill is assigned to a committee, although individual members of the General Assembly may request special analyses before then. The LSC updates a bill analysis as the bill moves through the legislative process. Each analysis contains (1) a heading consisting of the bill number, the version of the bill being analyzed, and the bills sponsors, (2) brief statements summarizing the bill in the form of dot points, (3) a content and operation section that describes the bill in much greater detail, and (4) the bills legislative history in terms of actions taken Bill Analyses during the legislative process. An analysis is easier to underA bill analysis is a detailed narrative description of a bill that indicates stand than the bill itself, because it is differences between the bill and exist- written in narrative style and organLegislative History Source Bill Analysis Information Contained in Source Detailed narrative description of a bill Usefulness of Source Information Indicates changes to existing law a bill is proposing to make and may point out problems with the bill; provides legislative history in terms of actions taken on a bill during the legislative process Legal Significance, if any Summarizes a bills objectives How to Obtain the Source Available at the LSC Bill Room (current session and previous session); older analyses available at the LSC Library, the Ohio Supreme Court Law Library, the Ohio Historical Society, and some county law libraries, law school libraries, or larger public libraries on microfilm; effective with calendar year 1997 session, available on LSCs Internet web site at www.lsc.state.oh.us 10
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ber, sponsors, and effective date of, and the sections of the Revised Code enacted, amended, or repealed by, the act. The body of each entry is a short summary of the act, usually indicating the general purpose and effect of the acts various provisions. The entries in a Digest are based on final analyses prepared by LSC staff after a bill is enacted. Final Analyses, in turn, are based on bill analyses (explained below) prepared earlier for legislative committees by LSC staff members. The Ohio Supreme Court has cited several Digest (then called Summary) entries as evidence of legislative intent. 28 See Appendix F for an example of a page from the Digest.
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Legislative History Source Information Contained in Source Usefulness of Source Information Indicates likely revenue or expenditure implications for a bill Legal Significance, if any Provides fiscal significance for legislation
How to Obtain the Source Available at Ohio Legislative Budget Office or LSC Bill Room; also avaliable at the LSC Library, the Ohio Supreme Court Law Library, the Ohio Historical Society, and some county law libraries, law school libraries, or larger public libraries on microfilm; effective with calendar year 1997, available on LBOs Internet web site at www.lbo.state.oh.us
Fiscal note & Detailed fiscal local impact analysis of likely monetary impact statement of bill on state and local government
ized by topic, with the bills key provisions described first. Bill analyses do not present arguments for or against a bill, nor do they discuss any political implications of passing or defeating a bill. However, because they contain an impartial and nonpartisan description of a bills contents, they are useful in understanding a bill. The Ohio Supreme Court has stated that although analyses are not controlling, we may refer to them when we find them helpful and objective. 29 See Appendix G for an example of the first page from a bill analysis. Fiscal Notes & Local Impact Statements A fiscal note and local impact statement provide impartial fiscal information concerning the likely monetary impact of a bill on state and local government operations. The fiscal note provides an estimate of a
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bills revenue or expenditure implications for the state. It includes a dollar estimate of the amount by which the bill would increase or decrease state revenues or expenditures and any other information considered necessary to explain the effect of the bill. The Legislative Budget Office (LBO) first prepares a fiscal note prior to a vote on a bill in the first committee and updates it for a floor vote in the first house and further updates it before any committee and floor votes in the second house. A local impact statement provides the most accurate dollar estimate possible of the net additional cost, if any, of a bill to school districts, counties, townships, or municipal corporations from any new or expanded program or service that these political subdivisions would be required to perform or administer under the bill. LBO prepares a local impact statement for any bill that is introduced and
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referred to committee and that could result in a net additional cost to these political subdivisions. As a matter of practice, LBO prepares the fiscal note and local impact statement for a particular bill together in one document. See Appendix H for an example of the first and second pages of a
combined fiscal note and local impact statement. Synopses LSC prepares three different types of synopsescommittee amendment synopses, substitute bill comparative synopses, and conference committee
Legal Significance, if any All synopses serve as a source of legislative intent behind committee changes to a bill
Legislative History Source Synopsis of committee amendments
Information Contained in Source Contains a brief description of substantive amendments adopted by a legislative committee in either House
Usefulness of Source Information Provides a quick reference and summary of amendments by a House or Senate committee
How to Obtain the Source All synopses are available at the Ohio Legislative Service Commission, LSC Bill Room (current session and one previous); older synopses are available at the LSC Library, Ohio Supreme Court Law Library, Ohio Historical Society, and some county law libraries, law school libraries, or larger public libraries on microfilm
Comparative Contains a brief description of the bill synopsis substantive differences between a substitute bill adopted by a House committee and the preceding version of the bill Conference committee amendment synopsis Contains a description of the recommendations of a conference committee
Provides a quick reference and summary of changes appearing in a substitute bill Prepared only for the House
Provides a quick reference and summary of recommendations made by a conference committee Prepared only for the House
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amendment synopses. These are highly specialized documents prepared by LSC staff members at certain stages of the legislative process in accordance with mandates to LSC contained in the Rules of the House of Representatives and the Senate. Committee amendment synopses are prepared for both the Senate and the House of Representatives;30 substitute bill comparative synopses and conference committee amendment synopses are prepared only for the House of Representatives as the Senate has not similarly mandated their preparation.31
Legislative History Source LSC Status Sheet Information Contained in Source Provides actions and date of those actions taken on every bill introduced in either house of the General Assembly
house votes on the question of concurrence in the second houses amendments. The synopsis does not present a detailed explanation of the amendments nor does it contain a description of any floor amendments adopted subsequent to the committee report that could have modified or even negated committee action on the bill. The second type of synopsis is the substitute bill comparative synopsis. LSC prepares these synopses when a substitute bill is accepted by a House committee or subcommittee for conUsefulness of Source Information Legal Significance, if any Significant in checking internal legislative history of an act including determining compliance with enactment requirements of the Ohio Constitution
How to Obtain the Source Available at LSC Bill Room; effective with calendar year 1997, on LSCs Internet web site at www.lsc.state.oh.us; older status sheets are available in the LSC Library
Distributed in paper format once a week while the General Assembly is in session, less often at other times; updated weekly on web site; updates much of the information contained in the Bulletin published at the end of the first annual session and before its final publication
A committee amendment synopsis is a brief descriptive document that is prepared by an LSC staff person and summarizes any substantive amendments adopted by a legislative standing committee hearing a bill in the second house. It is made available to each member of the first house when that
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sideration. The synopsis briefly summarizes each substantive difference between the substitute bill and the preceding version of the bill. Similarly, LBO prepares a synopsis that summarizes the difference in fiscal impact between the substitute bill and the preceding version of the bill.
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The conference committee amendment synopsis is the third type of synopsis. Before the House of Representatives votes upon a conference committee report, unless otherwise ordered by a majority of the House members, LSC prepares a synopsis summarizing the recommendations of the conference committee report. See Appendices I, J, and K for examples of synopses. LSC Status Sheet The LSC publishes its Status Sheet in paper format once a week while the legislature is in session and less often during non-session periods. LSC updates the Status Sheet weekly for purposes of presentation of its information on the LSC web site. The Status Sheet lists for each bill the bill number and primary sponsor, gives the date of any House and Senate action, and provides a brief subject matter description of and certain other pertinent information. The Status Sheet is useful in determining where a particular piece of legislation is in the legislative process. Also, by determining the date of any legislative action with respect to a bill in the Status Sheet, one then can go to the House or Senate Journal for that date to find some additional information relevant to that action. See Appendix L for an example of a page from the LSC Status Sheet.
Miscellaneous Sources The following sources of legislative history listed below also are available but are more miscellaneous in nature. Bill Files The LSC Library staff microfilms the bill files of all Ohio bills. The staff films the materials after the conclusion of each General Assembly, and the materials are arranged on the film in numerical order. A bill file typically contains various versions of the bill, a synopsis of committee amendments, if any, adopted by the second chamber considering the bill, any fiscal notes and local impact statements prepared by the Legislative Budget Office with respect to the bill, and any printed testimony distributed at committee hearings to an LSC staff member. The Ohio Historical Society Library maintains a collection of the LSC Library microfilm of bill files. (For many sessions paper files were also transferred, but that is no longer the case.) In addition, the Historical Society has some committee minutes from past General Assemblies. Minutes are those notes taken by the committee secretary. Usually, they are very sketchy, although, in some instances, they refer to or are accompanied by testimony given in committee.
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Reports from News Media and Other Legislative Information Services The news media and privately owned legislative information services periodically cover legislative activities, such as committee hearings and floor debates, that are not officially recorded. For example, Gongwers Ohio Report, a privately published newsletter, and Hannah Information Systems HANNAH Online, a private online computer legislative information service, report on committee and floor work. Other Committee Work Information Sources A chairperson of a committee that conducted a hearing on a particular bill may have copies of the minutes of the committee hearing. Other committee members may have copies of amendments proposed but rejected at committee hearings or of prepared statements read by witnesses in committee. On occasion, certain committee chairpersons of the legislative standing committees of the General Assembly record an audiotape of their respective committee hearings. A committee chairperson may give a researcher access to these audiotapes.
Citations
This guide builds on, and supersedes, Information Bulletin 1985-1, A Guide to Legislative History in Ohio, which was prepared by David M. Gold (with Marcia A. Cooper as Editorial Associate) in February 1985.
1 2
State ex. rel. Francis v. Sours (1944), 143 Ohio St. 120, 124. R.C. § 1.49. Id.
3
4
Arthur C. Wang, Comment, Legislative History in Washington, 7 U. PUGET SOUND L. REV. 571, n. 3 (1983-1984).
5 6
BLACKS LAW DICTIONARY 900 (6th ed. 1990). See, e.g., Trustees v. White (1891), 48 Ohio St. 577. State v. Dickinson (1971), 28 Ohio St. 2d 65, 67.
7
8
Caldwell v. State (1926), 115 Ohio St. 458, 466 (legislative intent can be reflected in the action of the Legislative during the pendency of the bill, after its introduction, and before final passage.); see also State ex. rel. Gareau v. Stillman (1969), 18 Ohio St. 2d 63; State ex. rel. Shafer v. Ohio Turnpike Comm. (1953), 159 Ohio St. 581.
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10
Meeks v. Papadopulous (1980), 62 Ohio St. 2d 187, 191. Thomas v. Sun Furniture Co. (1978), 61 Ohio App. 2d 78. R.C. § 149.091.
11
12
Laws that are not of a general and permanent nature are not codified in the Revised Code; thus, they are termed uncodified law. For a discussion on uncodified law as a source of legislative history, see Legislatively-declared intent statements in uncodified law infra.
13
Laws of Ohio also contains the title of an act, which may serve as a source of determining legislative history; however, the title is not part of the substantive law and can never be employed to defeat the text of an act. See Wachendorf v. Shaver (1948), 149 Ohio St. 231, 243; Commercial Credit Co. v. Schreyer (1929), 120 Ohio St. 568, 574; Bronson v. Oberlin (1885), 41 Ohio St. 476, 483. Nevertheless, the Ohio Supreme Court has stated that [w]hile the title is not part of the substantive law, it is proper to look to the title to ascertain the legislative purpose and intent. Schreyer, 120 Ohio St. at 574. An acts title is not offered in either of the two privately published versions of the Revised Code.
14 15
R.C. § 1.49(D).
PUBLISHED BY THE OHIO LEGISLATIVE SERVICE COMMISSION STAFF
9th Floor Vern Riffe Center Columbus, Ohio 614/466-3615 Director Robert Shapiro Assistant Director Tom Manuel Contributing Authors Mike Franczak, LSC Staff Attorney Eric Vendel, LSC Staff Attorney Michael Griffaton, LSC Staff Attorney Reviewer Rich Merkel, Division Chief Layout and Design Karen Benson Jeanette Cupp July 24, 1998
It is noteworthy that the title of a chapter or the section heading of a statute as found in either of the currently published versions of the Revised Code do not constitute any part of the law. R.C. § 1.01. However, under the Revised Statutes and the General Code, code headings were regarded as parts of each statute and indicative of legislative intent. Harris v. State (1897), 57 Ohio St. 92; G.C. § 13765 (1910).
16 17
R.C. § 1.53.
Unlike the detailed committee reports of Congress, in Ohio, the committee reports on bills contain only the text of amendments as passed by the committee along with the roll call vote of committee members for recommendation for passage of the bill to the house.
18
Even when an amendment is set forth in the Journals, it often is difficult to ascertain the effect of the amendment solely by examining the text of the amendment. In Ohio legislative practice, bills are usually amended by blind amendments. A blind amendment is an amendment that shows strikethroughs and insertions by command only, and does not present the text of the section being amended unless that section is being added to the bill under consideration. To fully understand the impact of an amendment, a researcher must have the correct version of the bill being amended in addition to the text of the actual amendment.
19
The Ohio Constitution requires that every bill be considered by each house on three different days unless two-thirds of the members of the house considering the bill vote to suspend the rules. OHIO CONST. ART. II, §15. Unless concurrence is later required, third consideration would constitute a final vote in that house for a particular bill.
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See, e.g., State ex. rel. Shafer v. Ohio Turnpike Comm. (1953), 159 Ohio St. 581; Toledo v. Pub. Util. Comm. (1939), 135 Ohio St. 57; State ex. rel. Fosdick v. Perrysburg (1863), 14 Ohio St. 472.
21 22
State ex. rel. Peters v. McCollister (1841), 11 Ohio 46, 56.
See Ritzman v. Campbell (1915), 93 Ohio St. 246, 263. (An enrolled act that has been properly enacted must be considered to be what it purports to be, and not under any circumstances subject to impeachment as to its contents or the mode of passage.)
23
See, e.g., Ritzman v. Campbell (1915), 93 Ohio St. 246; Fordyce v. Godman (1870), 20 Ohio St. 1; State ex. rel. Loomis v. Moffit (1832), 5 Ohio 359.
24
Laws that are not of a general and permanent nature are not codified in the Revised Code; thus, they are termed uncodified law. R.C. § 1.01. R.C. § 103.131 requires the LSC Director, as codifier of the laws, to examine all laws of a general and permanent nature and to provide Revised Code section numbers if there is no sectional numbering on the act or if such numbering is not in conformity with the Revised Code.
25
State ex. rel. Moore Oil Co. v. Dauben (1919), 99 Ohio St. 406, 412-413; see also State ex. rel. Fostoria Daily Review Co. v. Fostoria Hosp. Assn (1988), 40 Ohio St. 3d 10; Oakar v. Ohio Dept. of Mental Retardation (Cuyahoga Cty. 1993), 88 Ohio App. 3d 332; In re McCrary (Madison Cty. 1991), 75 Ohio App. 3d 601; State v. Goodnight (Cuyahoga Cty. 1977), 52 Ohio App. 2d 333; In re Guardianship of Crum (Franklin Cty. Probate 1991), 61 Ohio Misc. 2d 596.
26
See USERS GUIDE TO BALDWINS OHIO REVISED CODE ANNOTATED (1994), at xxvii, and USERS GUIDE TO PAGES CODE (1992), at 29.
27 28
See Meeks v. Papadopulos (1980), 62 Ohio St. 2d 187; State ex. rel. Cincinnati Bell, Inc. v. Indus. Commn (1978), 55 Ohio St. 2d 89; Weiss v. Porterfield (1971), 27 Ohio St. 2d 117.
Meeks v. Papadopulos (1980), 62 Ohio St. 2d 187, 191. See also State v. American Dynamic Agency, Inc. (1982), 70 Ohio St. 2d 41; State ex. rel. Consolidation Coal Co. v. Indus. Commn (1980), 62 Ohio St. 147.
29
Rule 46 of the Senate, Senate Journal, 21 (January 7, 1997) and Rule 63 of the House of Representatives, House Journal, 66 (January 15, 1997).
30
Rule 36 (substitute bill synopses) and Rule 63 (conference committee synopses) of the House of Representatives, House Journal, 60 and 66 (January 15, 1997).
31
17
Appendix A
DIRECTORY OF SOURCES OF LEGISLATIVE INFORMATION Ohios Legislative History AVAILABLE TO MEMBERS OF THE GENERAL ASSEMBLY LSC Members Brief (Date of Last Revision: 04/30/98)
Vol. 122 Issue 5
INFORMATION
Acts Current & Immediately Past Sessions
LOCATION OF SOURCE
LSC Bill Room, State House, Ground Level 1. Ohio Legislative Service Commission, Vern Riffe Center, 77 South High St., Library, 9th Floor 2. Ohio Supreme Court Library, Rhodes Tower, 4th Floor 3. State Library of Ohio, Ohio Departments Building, 65 South Front St., 11th Floor, Documents Dept.
TELEPHONE
(614) 466-9745 (614) 466-5312 (614) 466-4442 (614) 644-7051 (614) 466-9745 (614) 466-5312 (614) 466-4442
Bound as Laws of Ohio
Bills
Current & Immediately Past Sessions Two or More Sessions Ago--on Microfilm
LSC Bill Room, State House, Ground Level 1. Ohio Legislative Service Commission, Vern Riffe Center, 77 South High St., Library, 9th Floor 2. Ohio Supreme Court Library, Rhodes Tower, 4th Floor
Bill Analyses and Synopses Current Session
1. Ohio Legislative Service Commission, Vern Riffe Center, 77 South High St., 8th Floor, Reception Desk 2. LSC Bill Room, State House, Ground Level
(614) 466-8734 (614) 466-9745 (614) 466-9745 (614) 466-5312 (614) 466-4442 (614) 466-7168 (614) 466-5312 (614) 466-4442 (614) 644-7051 (614) 466-3357 (614) 466-4900 (614) 466-3357 (614) 466-4900 (614) 466-2396 (614) 466-3357 (614) 466-4900 (614) 297-2510
Immediately Past Session Earlier Sessions (on microfilm)
LSC Bill Room, State House, Ground Level 1. Ohio Legislative Service Commission, Vern Riffe Center, 77 South High St., Library, 9th Floor 2. Ohio Supreme Court Library, Rhodes Tower, 4th Floor
Bulletin Current & Immediately Past Sessions
1. Senate Bill Room, State House, Ground Level 2. Ohio Legislative Service Commission, Vern Riffe Center, 77 South High St., Library, 9th Floor
Earlier Sessions (on microfilm)
1. Ohio Supreme Court Library, Rhodes Tower, 4th Floor 2. State Library of Ohio, Ohio Departments Building, 65 South Front St., 11th Floor, Documents Dept.
Calendar
House Clerks Office, State House, Room 216 Senate Clerks Office, State House, Room 202
Committee Chair List
House Clerks Office, State House, Room 216 Senate Clerks Office, State House, Room 202 State of Ohio Telephone Directory
Committee Minutes Current & Immediately Past Sessions
House Clerks Office, State House, Room 216 Senate Clerks Office, State House, Room 202
Earlier Sessions
Ohio Historical Society, Library Archives, East 17th Ave.
18
July 24, 1998
Appendix A
INFORMATION
Committee Schedule
LSC Members House Clerks Office, State House, Room 216 Brief
Senate Clerks Office, State House, Room 202
LOCATION OF SOURCE Ohios Legislative History
Vol. 122 Issue 5
TELEPHONE
(614) 466-3357 (614) 466-4900
Digest of Enactments (name beginning in 1995)
1. Ohio Legislative Service Commission, Vern Riffe Center, 77 South High St., Library, 9th Floor 2. Ohio Supreme Court Library, Rhodes Tower, 4th Floor
(614) 466-5312 (614) 466-4442 (614) 644-7054
Summary of Enactments
(name prior to 1995)
3. State Library of Ohio, Ohio Departments Building, 65 South Front St., 11th Floor
Current Session
Fiscal Notes
1. Legislative Budget Office, Vern Riffe Center, 77 South High St., 8th Floor Reception Desk 2. LSC Bill Room, State House, Ground Level
(614) 466-8734 (614) 466-9745 (614) 466-9745 (614) 466-4442 (614) 644-7054 (800) 282-0253 (614) 466-8842 (614) 466-9745 (614) 466-5312 (614) 228-3113 (614) 644-7054 (800) 543-6862 (800) 937-8529
Journal Daily
LSC Bill Room, State House, Ground Level 1. Ohio Supreme Court Library, Rhodes Tower, 4th Floor 2. State Library of Ohio, Ohio Departments Building, 65 South Front St., 11th Floor, Documents Dept.
Bound biennially
Current Session
Legislative Information Toll Free Number (Ohio only)
Legislative Status Sheet Current Session
LSC Bill Room, State House, Ground Level Ohio Legislative Service Commission, Vern Riffe Center, 77 South High St., Library, 9th Floor 1. Hannah News Service --also available for free at: State Library of Ohio, Ohio Departments Building, 65 South Front St., 11th Floor 2. LEXIS-NEXIS (private subscriber service) 3. Westlaw (private subscriber service) 4. Gongwer News Service Inc. 17 South High Street, Suite 630 Columbus, OH 43215 5. State Library of Ohio World Wide Web Home Page Site on the Internet-WINSLO 6. State of Ohio Government Front Page on the Internet
Earlier Sessions
Miscellaneous Computerized and Documentary Legislative Information: Access and Services
(614) 221-1992 http://winslo.ohio.gov (800) 686-1533 for more information http://www.ohio.gov
Ohio Government Directory
Ohio Trucking Association 50 West Broad Street, Suite 1111 Columbus, OH 43215 Legislators and state libraries receive free copies.
(614) 221-5375
19 19
Appendix B
LAWS OF OHIO VOLUME NUMBERS / GENERAL ASSEMBLY / ENACTMENT YEAR CONVERSION CHART
Laws of Ohio Volume Number 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 General Assembly 100a 101 102 103 104b 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121c 122 123 124 125 126 Enactment years 1953 - 1954 1955 - 1956 1957 - 1958 1959 - 1960 1961 - 1962 1963 - 1964 1965 - 1966 1967 - 1968 1969 - 1970 1971 - 1972 1973 - 1974 1975 - 1976 1977 - 1978 1979 - 1980 1981 - 1982 1983 - 1984 1985 - 1986 1987 - 1988 1989 - 1990 1991 - 1992 1993 - 1994 1995 - 1996 1997 - 1998 1999 - 2000 2001 - 2002 2003 - 2004 2005 - 2006
a
LSC began Summary of Enactments. LSC began Bill Analyses. LSC replaced Summary of Enactments with shorter Digest of Enactments. 20
b
c
July 24, 1998
Appendix C
SPINE OF LAWS OF OHIO AND FIRST PAGE OF H.B. 654 CONTAINED THEREIN
LAWS OHIO
138 ART PART II FOR 1979 - 1980 OF
3183
(Amended Substitute House Bill No. 654)
AN ACT
To amend sections 5120.04, 5120.19, 5120.23, 5120.26, 5120.27, 5120.28, 5120.29, 5145.03, 5145.05, 5145.14, 5145.15, 5145.17, 5145.18, and 5147.27, to enact sections 5145.16, 5145.161, and 5145.162, and to repeal sections 5147.01, 5147.02, 5147.03, 5147.04, 5147.06, 5147.23, 5147.24, 5147.25, 5147.26, and 5147.99 of the Revised Code to create a system of employment for prisoners within the custody of the Department of Rehabilitation and Correction and to create an Advisory Board of Directors for Prison Labor to advise and assist the Department in creating the prisoner employment system.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 5120.04, 5120.19, 5120.23, 5120.26, 5120.27, 5120.28, 5120.29, 5145.03, 5145.05, 5145.14, 5145.15, 5145.17, 5145.18, and 5147.27 be amended, and sections 5145.16, 5145.161, and 5145.162 of the Revised Code be enacted to read as follows: Sec. 5120.04. The department of rehabilitation and correction, with the approval of the governor AND IN ACCORDANCE WITH RULES ADOPTED PURSUANT TO DIVISION (B) OF SECTION 5145.03 OF THE REVISED CODE, may assign labor of prisoners and inmates of WHO ARE COMMITTED OR TRANSFERRED TO institutions under the administration of the department TO PERFORM LABOR on any public work of the state. Sec. 5120.19. (A) The department of rehabilitation and correction, IN ACCORDANCE WITH RULES ADOPTED PUR-
21
Appendix D
COVER AND A SAMPLE PAGE FROM THE OHIO SENATE JOURNAL
JOURNALS OF THE SENATE AND HOUSE OF REPRESENTATIVES
OHIO SENATE JOURNAL
TUESDAY, NOVEMBER 18, 1997
1348 SENATE JOURNAL, TUESDAY, NOVEMBER 18, 1997
S. R. No. 2450Senators Finan - Cupp - Watts - Dix - Espy - Furney - J. Johnson - Herington - Blessing - Carnes - DiDonato - Drake - Gaeth Gardner - Hagan - Horn - Howard - B. Johnson - Kearns - Latell - Latta - McLin - Nein - Oelslager - Ray - Schafrath - Sheerer - Shoemaker - Suhadolnik - Sweeney - White Zaleski. Honoring State Senator Karen L. Gillmor for her service to the Ohio Senate. The question being, Shall the resolution S. R. No. 2450 be adopted? So the resolution was adopted. On motion of Senator Cupp the Senate reverted to the third order of business.? The amendments of the House of Representatives to Sub. S. B. No. 31Senator Suhadolnik-et al., to amend sections 1701.03, 1705.03, 1705.04, 1705.53, 1785.01, 1785.02, 1785.03, 1785.05, 1785.06, 1785.07, 1785.08, 3901.38, 4731.22, 4731.44, 4731.65, 4732.17, 4734.03, 4734.10, 4734.17, and 4755.47, to enact sections 3901.381, 4723.16, 4725.114, 4729.161, 4731.226, 4732.28, 4734.091, and 4755.471 of the Revised Code, and to repeal Section 4 of Am. Sub. S.B. 191 of the 120th General Assembly to authorize optometrists, chiropractors, psychologists, nurses, pharmacists, physical therapists, and doctors of medicine and surgery, osteopathic medicine and surgery, or podiatric medicine and surgery to engage in their respective practices in a combined form of a professional corporation, limited liability company, partnership, or professional association, to remove the uncodified law prohibition against those types of doctors practicing their professions by using certain of the latter forms of business entities, to modify the criteria for disciplining doctors for dividing fees, and to require that a completed insurance claim submitted to a third-party payer under the insurance law include certain information, was taken up. The question being, Shall the Senate concur in the amendments of the House of Representatives? The yeas and nays were taken and resultedyeas 32, nays none, as follows: Those who voted in the affirmative were: Senators
Blessing Carnes Cupp DiDonato Dix Drake Espy Furney Gaeth Gardner Gillmor Hagan Herington Horn Howard B. Johnson J. Johnson Kearns Latell Latta McLin Nein Oelslager Ray Schafrath Sheerer Shoemaker Suhadolnik Sweeney Watts White Finan32
So the Senate concurred in the amendments of the House of Representatives.
22
July 24, 1998
Appendix E
SAMPLE PAGE FROM THE BULLETIN
1997 H.B. NO. 38REPRESENTATIVES MOTTLEY - LAWRENCE - TAYLOR - FOX OPFER - GARCIA - LEWIS. To amend sections 113.061, 5703.052, 5727.01, 5727.111, 5727.32, 5727.33, 5727.38, 5727.73, 5733.04, 5733.05, 5733.09, and 5739.01 and to enact sections 5755.01 to 5755.19 and 5755.99 of the Revised Code to levy an excise tax on purchases of certain telecommunications services, to establish a procedure under which property tax assessment rates on telephone company tangible personal property are raised or lowered depending on whether the company elects to subject purchases of its local telephone service to the new excise tax, to subject telephone companies and other providers of local telephone service to the corporation franchise tax, to lower the rate of the public utility excise tax for telephone companies and to impose that tax at the new lower rate on other providers of local telephone service, to provide that the sales tax does not apply to long distance and cellular telephone service and paging system service, and to provide a formula for distributing telecommunications service excise tax revenue designed in part to offset local government revenue losses caused by the other tax changes. 1-21. H. Introduced p. 102 1-22. H. To committee Ways and Means p. 129 H.B. NO. 39 REPRESENTATIVES MOTTLEY - BATCHELDER - GARDNER HARRIS - SHOEMAKER - PADGETT - SCHULER - HAGAN THOMAS - CATES - VESPER - TERWILLEGER - KRUPINSKI LEWIS - OLMAN - WHALEN - PRINGLE - MALLORY NETZLEY - BOYD - BRITTON - LAWRENCE - LUCAS - BUCHY REID - BATEMAN - OPFER - MYERS - ROMAN - MEAD TAYLOR - FOX - METELSKY - CAREY - SCHURING - CLANCY BENDER - HOUSEHOLDER - ROBERTS - CORBIN - GARCIA GRENDELL - WACHTMANN - DAMSCHRODER - BRADING SALERNO - CORE - TAVARES - HEALY - HOOD - COLONNA TIBERI - METZGER - SYKES - JOHNSON - VERICH - MASON SUTTON - OBRIEN - WESTON - FORD - JONES - KREBS SULZER - HAINES - KASPUTIS - SAWYER - MAIER - PATTON SENATORS OELSLAGER - WATTS - CARNES - LATTA - WHITE HOWARD - SCHAFRATH - DIX - GARDNER - GAETH. To amend section 4505.06 of the Revised Code to authorize the clerks of the courts of common pleas to accept additional methods of payment for motor vehicle title taxes and to establish procedures to ensure collection of the funds. 1-21. H. Introduced p. 102 1-22. H. To committee Transportation and Public Safety p. 130 3- 5. H. Reported. Substitute bill p. 321 3-19. H. Third consideration p. 387 3-19. H. Amended p. 388 3-19. H. Passed p. 388 Vote-yeas 99, nays 0 3-19. S. Received from the House p. 259 3-25. S. To committee Highways and Transportation p. 279 6- 4. S. Reported p. 550 6- 4. S. Third consideration p. 552 6- 4. S. Passed p. 552 Vote-yeas 32, nays 0 6-17. To Governor 6-17. Approved by Governor Effective date September 16, 1997 101
23
Appendix F
SAMPLE PAGE FROM THE DIGEST OF ENACTMENTS
-91-
Am. Sub. S.B. 107
Sens. Drake, Kearns, Snyder.
Reps. Vesper, Brading, Olman, Taylor, Grendell, Ford, Terwilleger, Mottley, Reid, Garcia. Modifies the prohibition of health plans that cover prescription drugs from limiting or excluding coverage of a federally approved drug on the basis that the drug is not federally approved for treating the specific type of cancer for which it is prescribed, to prohibit exclusion if the drug is recognized in certain medical literature for treating the particular indication for which prescribed; corrects an enrolling error in the definition of ambulatory surgical facility used in the Certificate of Need Law; and explicitly harmonizes statutes that prohibit trafficking in food stamps and women, infant, and children program (WIC) coupons. (Effective: May 8, 1996; Sections 5 and 6 effective July 1, 1997) Secs. 1738.30, 1742.44, 2913.46, 3702.30, 3770.05, 3923.60, 3923.61, 4301.25, and 4303.292.
Sub. S.B. 129
Sens. Gillmor, Finan, Kearns, B. Johnson.
Reps. Schuler, Lewis, Hodges, Schuck, Taylor, Tiberi, Logan, White, Mason, Verich, Myers, Campbell, Boggs, Reid, Ogg, Sawyer, Mead, Vesper. Expressly authorizes fiduciaries to invest in securities of an investment company, including an affiliated investment company; permits charging certain fees and imposes reporting and disclosure requirements for investments in securities of affiliated investment companies; permits the filing of an exception with a probate court by persons interested in a trust to terminate current investment of trust funds in securities of affiliated investment companies; modifies the conditions under which a fiduciary may have dealings with the estate; modifies the statutory effects of an adoption decree; and specifies that such effects apply whether the decree is issued before or after the acts effective date. (Effective: May 30, 1996)
24
July 24, 1998
Appendix G
FIRST PAGE FROM A BILL ANALYSIS
Legislative Service Commission
Bill Analysis
122nd General Assembly (As Introduced)
Reps. Reid, Fox, Jacobson, Mallory
H.B. 93
•
Expands the predicate offenses upon which an anti-stalking protection order may be issued to include felonious assault, aggravated assault, assault, and the violation of a municipal ordinance substantially similar to assault, aggravated menacing, menacing by stalking, menacing, or aggravated trespass.
CONTENT AND OPERATION
Predicate offenses for an anti-stalking protection order Existing law When a complaint is filed alleging that a person has committed the offense of aggravated menacing, menacing by stalking, menacing, or aggravated trespass, the complainant, if the complainant is not a family or household member (see COMMENT) of the alleged offender, may file a motion that requests the issuance of an anti-stalking protection order as a pretrial condition of release of the alleged offender in addition to any bail set for the offender (sec. 2903.213(A)). If the complaint involves a person who is a family or household member of the offender, the complainant, instead of seeking an anti-stalking protection order, may seek a temporary protection order under the Domestic Violence Law. The offenses that may be a predicate for the issuance of a temporary protection order are domestic violence, felonious assault, aggravated assault, assault, menacing by stalking, aggravated trespass, or a violation of a municipal ordinance that is substantially similar to domestic violence, assault, menacing by stalking, or aggravated trespass that involves a person who was a family or household member at the time of the violation (sec. 2919.26(A)(1), not in the bill).
25
Appendix H
FIRST AND SECOND PAGES OF A COMBINED FISCAL NOTE AND LOCAL IMPACT STATEMENT
Fiscal Note & Local Impact Statement
122nd General Assembly of Ohio
BILL: H.B. 719 DATE: May 13, 1998 STATUS: As Introduced SPONSOR: Rep. Vesper LOCAL IMPACT STATEMENT REQUIRED: Yes CONTENTS: Duties regarding the actions by mental health professionals and organizations to predict, warn of, or take precautions to prevent the violent behavior of mental health clients or patients
State Fiscal Highlights
No direct fiscal effect on the state.
Local Fiscal Highlights
LOCAL GOVERNMENT FY 1998 Counties Revenues -0Expenditures -0Local Mental Health Boards and School Districts Revenues -0Expenditures -0FY 1999 -0Potential decrease -0Potential decrease FUTURE YEARS -0Potential decrease -0Potential decrease
The bill would reduce future liability costs for local mental health boards by providing immunity for the psychotherapists with whom the boards contract. The bill would also reduce future liability costs for school districts by providing immunity for the psychotherapists they contract with or employ. The bill could reduce court costs associated with civil liability cases involving mental health professionals and mental health organizations.
Detailed Fiscal Analysisfail to make one of the following actions in a timely manner:
they have reason to believe the client has the intent and ability to carry out the threat, and they
(1) exercise any authority In 1997, the Ohio Supreme Court held that the provisions of the Revised Code providing immunity they possess under Ohio law to hospitalize the client on an emergency basis; for mental health professionals and mental health organizations apply only to civil commitment proceedings and do not provide immunity to psychotherapists who provide outpatient treatment (2) exercise any authority they possess under Ohio law to have the client involuntarily (Estate of Morgan v. Fairfield County Counseling Center). or voluntarily hospitalized; Under the bill, a mental health professional or mental health organization may be found liable for (3) establish and undertake a documented treatment plan, according to appropriate damages if an explicit threat toward another individual has been communicated to them, only if standards of professional practice, to minimize the possibility that the client will carry out the threat;
Ohio Legislative Budget Office: a nonpartisan agency providing fiscal research for the Ohio General Assembly the bill) and 77 South High Street, 8th Floor, Columbus, OH 43266-0347 ² E-mail: BudgetOffice@LBO.STATE.OH.US each
(4)
communicate the threat to the appropriate law enforcement agency (as defined by potential victim (or their parent or guardian) of the nature of the threat, the identity of the client making the threat, and the identity of any other potential victims of the threat.
The bill would reduce future liability costs for local mental health boards by providing immunity for the psychotherapists with whom the boards contract. The bill would also reduce future liability costs for school districts by providing immunity for the psychotherapists they employ or with whom they contract. By more clearly stipulating circumstances limiting civil liability, the bill could reduce court costs associated with civil liability cases involving mental health professionals and mental health organizations that provide outpatient care. The bill may reduce the total number of cases involving threats, injuries, and deaths inflicted by mental health clients.
q
LBO staff: Chuck Phillips, Senior Analyst
H:\fn122\HB0719IN.DOC
2
26
July 24, 1998
Appendix I
SAMPLE PAGE FROM A SYNOPSIS OF COMMITTEE AMENDMENTS
Synopsis of Senate Committee Amendments*
Legislative Service Commission
122nd General Assembly (S. Highways & Transportation)
Replaces the preemption provision in the version of the bill As Passed by the House, which allowed municipal corporations and certain townships to apply to the Board of Motor Vehicle Collision Repair Registration for a waiver to regulate motor vehicle collision repair operators, with a preemption statement applicable to local laws that are adopted or enacted after the bills effective date and that are limited to the registration of persons engaged in business as motor vehicle collision repair operators in a manner corresponding to the provisions of the bill. Also, declares that the bill does not preempt local laws that may require registration or licensure as a component of imposing additional requirements on persons engaged in business as motor vehicle collision repair operators or technicians; nor does it preempt local building, zoning, health, safety, or other similar codes or laws that apply to motor vehicle collision repair operators or technicians. Removes language from the version of the bill As Passed by the House establishing that the registration requirements apply to motor vehicle repair facilities that perform collision repairs for compensation for the general public and establishes that the registration requirements apply to facilities at which five or more separate collision repairs are performed for the general public in a twelve-month period. Limits the renewal of a temporary motor vehicle collision repair registration to not more than four consecutive times. Eliminates from the penalty provision of the version of the bill As Passed by the House, the possibility that jail time may be imposed for a second or subsequent offense. Authorizes the Department of Taxation to disclose to the Board any information necessary for the Board to verify the existence of an applicants valid vendors license and current state tax identification number.
*
Sub. H.B. 143
This synopsis does not address amendments that may have been adopted on the Senate floor.
27
Appendix J
SAMPLE PAGE FROM A COMPARATIVE BILL SYNOPSIS
Sub. Bill Comparative Synopsis
Legislative Service Commission
122nd General Assembly (H. Commerce & Labor)
Sub. H.B. 553
Topic Content and format of the optometry licensing examination (secs. 4725.08(B)(5), 4725.09(A)(4), and 4725.091(C) and (E))
H.B. 553 (As Introduced) No provision.
Sub. H.B. 553 (LSC 122 1422-1) Changes the format of the optometry licensing examination from a two-part examination to a three-part examination. Expands the material tested on the examination.
Effect of failed examination (secs. 4725.08(D) and 4725.091(E))
Removes the prohibition on an applicant taking the licensing examination more than four times.
Specifies that an applicant who fails the licensing examination four times will not be considered for licensure until the applicant (1) completes 30 hours of approved remedial training and (2) passes the examination. Requires the Board to provide applicants for a therapeutic pharmaceutical agents certificate with the dates that the required section of the licensing examination may be taken. Removes a requirement that optometrists seeking a therapeutic pharmaceutical agents certificate meet certain 28
Information provided by the State Board of Optometry (sec. 4725.091(E))
No provision.
Applicants for therapeutic No provision. pharmaceutical agents certificates (sec. 4725.091(B))
July 24, 1998
29
Legislative Service Commission
121st General Assembly
Conference Committee Synopsis S.B. 62
The Conference Committee recommends the bill as passed by the House of Representatives with the following changes:
House Version Abolishes the Committee and requires any funds remaining after bringing the Committees affairs to a conclusion to be returned to the Hospital Care Assurance Program Fund. Creates the Joint Legislative Committee on Medicaid Oversight. No replacement committee. Same provision. Senate Version Conference Committee Recommendation Same provision and eliminates the appropriation made for fiscal years 1996 and 1997.
Topic
Abolishment of Legislative Committee on Medicaid Oversight of the Legislative Service Commission
Creation of a replacement committee
Creates the Joint Legislative Committee on Health Care Oversight. Authorizes the Committee to study and review not only Medicaid, but any other health care issue it considers significant. Requires the House and Senate health committee chairpersons to co-chair the Committee.
SAMPLE PAGE FROM A CONFERENCE COMMITTEE AMENDMENT SYNOPSIS
Appendix K