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Bill Analysis Sub. S.B Bill Analysis Legislative Service Commission Sub. S.B. 130* 122nd General Assembly (As Reported by S. State & Local Government & Veterans Affairs) Sens. Watts, White • Repeals existing law regarding the reemployment of public employees after military service, and requires that the reinstatement and reemployment rights of employees in the uniformed services conform to the federal Uniformed Services Employment and Reemployment Rights Act of 1994. • Exempts the military pay and allowances of members of the reserve units of the armed forces of the United States and the Ohio National Guard from municipal corporation income tax. • Excludes members of the Ohio organized militia while training or performing duty under the Ohio National Guard Law from coverage under the Public Employees Collective Bargaining Law. • Exempts members and uniformed employees of the armed forces of the United States, members of the reserve components of the armed forces of the United States, and members of the Ohio National Guard, except United States reserve technicians, from the Commercial Driver's Licensing Law when operating a vehicle owned by the Department of Defense. • Places in the unclassified civil service all commissioned, warrant, and noncommissioned officers and enlisted persons in the Ohio organized militia, including military appointees in the Adjutant General's Department. * This analysis was prepared before the report of the Senate State and Local Government and Veterans Affairs Committee appeared in the Senate Journal. Note that the list of co- sponsors and the legislative history may be incomplete. • Exempts executive agencies of the United States from the required reporting of newly hired, rehired, or returning to work employees, to the Department of Human Services for child support and fraud detection purposes under section 5101.312 of the Revised Code. • Provides that a reservist called or ordered to active duty for less than 31 days must not be required to pay more than the employee's share for the continuation of the employee's group health or medical care coverage. • Provides that the stocking, accounting for, issuing, and dispensing of any pharmaceutical drug to any Ohio National Guard unit or member is governed exclusively by federal military regulations. • Repeals the exemption from jury duty and serving on a posse comitatus for active duty members of the Ohio Military Reserve and the Ohio Naval Militia. • Exempts the Adjutant General's Department from the filing and other requirements of section 111.15 of the Revised Code with respect to rules adopted by the Department. • Repeals the Military Census Law. • Modifies the Adjutant General Law. • Modifies the Ohio National Guard Law. • Modifies the Organized Militia Law. • Declares an emergency. TABLE OF CONTENTS Rulemaking, adoption, and filing requirements ....................................................... 3 Municipal income tax ............................................................................................... 7 Commercial drivers licensing law ............................................................................ 7 Human Services information reporting .................................................................... 7 Personnel changes relating to current and former members of the military ............ 8 Military service credit ............................................................................................... 9 Posse comitatus and jury duty ................................................................................ 10 Technical changes .................................................................................................. 11 Adjutant General Law ............................................................................................ 11 Legislative Service Commission -2- Sub. S.B. 130 Receipt of gifts .................................................................................................... 11 Sale of alcohol .................................................................................................... 11 Duties of the Adjutant General ........................................................................... 12 Requirements for military staff of the Governor; rank of military officials ...... 13 Pay of Adjutant General and certain Assistants ................................................. 14 Adjutant General's authority as director of state armories; conferral of additional powers ................................................................................................ 15 Miscellaneous provisions ................................................................................... 15 Military Census Law .............................................................................................. 16 Ohio National Guard Law ...................................................................................... 16 Regulation and publications governing the appointment of officers ................. 16 Moral fitness ....................................................................................................... 17 Compliance with food and drug regulations ...................................................... 17 Discharge ............................................................................................................ 18 Retirement .......................................................................................................... 18 Pay ...................................................................................................................... 18 Miscellaneous provisions ................................................................................... 18 Organized militia law ............................................................................................. 19 Membership requirements .................................................................................. 19 Retirement .......................................................................................................... 20 Exemptions from duty ........................................................................................ 21 Miscellaneous provisions ................................................................................... 21 CONTENT AND OPERATION Rulemaking, adoption, and filing requirements (sec. 111.15) R.C. 111.15 states in pertinent part: (B)(1) Any rule, other than a rule of an emergency nature, adopted by any agency pursuant to this section shall be effective on the tenth day after the day on which the rule in final form and in compliance with division (B)(3) of this section is filed as follows: (a) Two certified copies of the rule shall be filed with both the secretary of state and the director of the legislative service commission; (b) Two certified copies of the rule shall be filed with the joint committee on agency rule review. Legislative Service Commission -3- Sub. S.B. 130 Division (B)(1)(b) of this section does not apply to any rule to which division (D) of this section does not apply. * * * If all copies are not filed on the same day, the rule shall be effective on the tenth day after the day on which the latest filing is made. If an agency in adopting a rule designates an effective date that is later than the effective date provided for by division (B)(1) of this section, the rule if filed as required by such division shall become effective on the later date designated by the agency. Any rule that is required to be filed under division (B)(1) of this section is also subject to division (D) of this section if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), or (8) of this section. (2) A rule of an emergency nature necessary for the immediate preservation of the public peace, health, or safety shall state the reasons for the necessity. Copies of the emergency rule, in final form and in compliance with division (B)(3) of this section, shall be filed as follows: two certified copies of the emergency rule shall be filed with both the secretary of state and the director of the legislative service commission, and one certified copy of the emergency rule shall be filed with the joint committee on agency rule review. * * * (3) An agency shall file a rule under division (B)(1) or (2) of this section in compliance with the following standards and procedures: (a) The rule shall be numbered in accordance with the numbering system devised by the director for the Ohio administrative code. Legislative Service Commission -4- Sub. S.B. 130 (b) The rule shall be prepared and submitted in compliance with the rules of the legislative service commission. (c) The rule shall clearly state the date on which it is to be effective and the date on which it will expire, if known. (d) Each rule that amends or rescinds another rule shall clearly refer to the rule that is amended or rescinded. Each amendment shall fully restate the rule as amended. * * * (D) At least sixty days before a board, commission, department, division, or bureau of the government of the state files a rule under division (B)(1) of this section, it shall file two copies of the full text of the proposed rule with the joint committee on agency rule review, and the proposed rule shall be subject to legislative review and invalidation under division (I) of section 119.03 of the Revised Code. If a state board, commission, department, division, or bureau makes a substantive revision in a proposed rule after it is filed with the joint committee, the state board, commission, department, division, or bureau
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