111-16-05 Remedies.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Secretary of State

Agency Name

 

Jonah Thompson

Division                                                                  Contact

 

180 East Broad Street Columbus OH 43215-0000       614-728-4709

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

 

 

 

111-16-05

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Remedies.

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: HB1                   General Assembly: 128           Sponsor: Sykes

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: 111.26

5.  Statute(s) the rule, as filed, amplifies or implements: 111.26, 152.09, 152.33

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

Pursuant to Ohio Revised Code section 111.26, it is a function of the state to facilitate the conduct of elections by assisting boards of elections in acquiring state capital facilities consisting of voting machines, marking devices, and automated tabulating equipment. The county voting machine revolving lease/loan fund was created for that purpose. This rule provides guidance for describing the procedure for default on repayment agreements for the county voting machine revolving lease/loan fund.

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:

New: A board of county commissioners, on behalf of its county board of elections may apply for financial assistance from the loan fund. The secretary of state shall be the administrator of loan fund acquisitions for automated tabulating equipment, marking devices, and tabulating equipment. As administrator, the secretary shall not authorize the contribution from the loan fund of more than fifty percent of the estimated total cost of the county's purchase. The rule outlines the procedure for applying for, administering, and reviewing funding.

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:

To make corrections per LSC compliance instructions. Corrected grammatical error.

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

No impact on revenues or expenditures. Participation by a county is voluntary and it is not possible to predict if any county will default on their loan agreement. If there is a default and equipment is seized and sold, there could be an increase in revenue into the Voting Machine Revolving Lease/Loan Fund from the proceeds but that would be partially offset by the loss of repayments by the county.

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

N/A

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:

N/A. Participation by a county is voluntary and it is not possible to predict if any county will default on their loan agreement.

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