111-14-01 Issuance of directives.  

  • Text Box: ACTION: Refiled Text Box: DATE: 09/30/2008 9:57 AM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Secretary of State

    Agency Name

     

    Renata Joyce Ramsini

    Division                                                                  Contact

     

    180 E. Broad Street Columbus OH 43215-0000

    614-728-9139

     

    Agency Mailing Address (Plus Zip)

    Phone

    Fax

     

     

    111-14-01

    Rule Number

    NEW

    TYPE of rule filing

    Rule Title/Tag Line              Issuance of Directives.

    RULE SUMMARY

    1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

    2.  Are you proposing this rule as a result of recent legislation? Yes

    Bill Number: HB350               General Assembly: 127           Sponsor: Larry Wolpert

    3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

    4.  Statute(s) authorizing agency to adopt the rule: 3501.05

    5.  Statute(s) the rule, as filed, amplifies or implements: 3501.05, 3501.053

    6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

    Revised Code Section 3501.053 was adopted under House Bill 350 and made changes to when directives may be issued. This rule seeks to clarify when Directives may be issued by the secretary of state.

    7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

    Clarifies when permanent and temporary directives may be issued by the secretary

    of state.

    8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

    121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

    This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

    9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

    This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

    10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

    Not Applicable.

    11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

    Proposed rule was revised to a) define the terms permanent directive and temporary directive; b) clarify when such directives may be issued; and c) specify that for special elections as defined under 3501.01 of the Revised Code and elections held under municipal, village or charter provisions, directives may be issued at any time without first providing a reasonable time for public review and public comment.

    12.  119.032 Rule Review Date:

    (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

    NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date

    for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

    FISCAL ANALYSIS

    13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

    This will have no impact on revenues or expenditures. 0

    not applicable

    14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

    not applicable

    15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

    not applicable

    16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

    17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No