111-21-03 Acknowledgment of business services form filed by electronic means.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Secretary of State

Agency Name

 

Craig Forbes

Division                                                                  Contact

 

180 East Broad St., 16th Floor Columbus OH 43215-0000

614-644-1373

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

[e-mail]

Email

111-21-03

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Acknowledgment of business services form filed by electronic

means.

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? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 111.15

4.  Statute(s) authorizing agency to adopt the rule: 111.23(C)

5.  Statute(s) the rule, as filed, amplifies or implements: 111.23(C)

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

The rule, together with the other three proposed rules, will streamline the process of filing business services forms, which currently may be filed only in paper form, by mail or in person. In short, electronic filing will make the office more

business-friendly.

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:

The rule explains that persons or entities filing business services forms via electronic transmission will receive immediate acknowledgment of successful submission. It implements the provisions of R.C. 111.23(C), which provides that this office may adopt rules establishing alternative filing procedures.

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. If applicable, indicate each specific paragraph of the rule that has been modified:

Not Applicable.

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

Allowing for electronic signature is not expected to increase or decrease revenues or expenditures for the office. The establishment of electronic signature for persons or entities doing business with the Secretary of State's office through electronic means can be accommodated through the office's current information technology and business services processing systems.

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

Fund 5990, ALI 050603, Business Services Operating Expenses

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:

There is no estimated cost of compliance to directly affected persons or entities. Compliance with the rule is not required, as the rule is permissive and not mandatory. Persons or entities will be able to choose how to file--in person, through the mail, or via electronic transmission.

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

S.B. 2 (129th General Assembly) Questions

18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

R.C. 121.82? No

19.  Specific to this rule, answer the following:

A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? No

B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? No

C.) Does this rule require specific expenditures or the report of information as a condition of compliance? No