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                        Question 1 of 30
1. Question
Following the successful passage of identical versions of a proposed statute by both the Ohio House of Representatives and the Ohio Senate, and assuming the Governor receives the engrossed bill, what is the immediate next procedural step that must occur before the bill can be enacted into law, or what is the subsequent legislative action if the Governor disapproves?
Correct
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process. Specifically, ORC 101.51 addresses the legislative service commission and its role in bill drafting and research. When a bill is introduced, it must go through various stages of review and amendment. The process involves committees, readings, and potential vetoes by the Governor. Understanding the sequence of these events is crucial for legislative drafting. A bill becomes law after it is passed by both the Ohio House of Representatives and the Ohio Senate in identical form, and then either signed by the Governor or, if vetoed, overridden by a three-fifths vote in each chamber. If the Governor does not sign or veto a bill within a specified period, it becomes law without signature. The question probes the understanding of what happens *after* a bill has passed both chambers in identical form but *before* it can become law, focusing on the Governor’s role and the subsequent legislative action if a veto occurs. The correct sequence involves the Governor’s review period and the potential for an override vote. The other options describe events that occur earlier or later in the legislative process, or misrepresent the conditions for a veto override.
Incorrect
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process. Specifically, ORC 101.51 addresses the legislative service commission and its role in bill drafting and research. When a bill is introduced, it must go through various stages of review and amendment. The process involves committees, readings, and potential vetoes by the Governor. Understanding the sequence of these events is crucial for legislative drafting. A bill becomes law after it is passed by both the Ohio House of Representatives and the Ohio Senate in identical form, and then either signed by the Governor or, if vetoed, overridden by a three-fifths vote in each chamber. If the Governor does not sign or veto a bill within a specified period, it becomes law without signature. The question probes the understanding of what happens *after* a bill has passed both chambers in identical form but *before* it can become law, focusing on the Governor’s role and the subsequent legislative action if a veto occurs. The correct sequence involves the Governor’s review period and the potential for an override vote. The other options describe events that occur earlier or later in the legislative process, or misrepresent the conditions for a veto override.
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                        Question 2 of 30
2. Question
A legislative drafter in Ohio is preparing a bill to repeal ORC Section 307.84, which deals with county purchasing procedures, and replace it entirely with new language governing competitive bidding for county infrastructure projects. What is the most appropriate method for presenting this proposed change in the draft legislation to clearly signify the complete removal of the existing text and the introduction of new provisions?
Correct
The Ohio Revised Code (ORC) Section 101.35 establishes the Legislative Service Commission (LSC) and outlines its duties, including the preparation of legislative measures. When drafting a bill to amend an existing Ohio statute, a legislative drafter must adhere to specific stylistic and structural conventions to ensure clarity, precision, and legal efficacy. The core principle is to clearly indicate what is being added, deleted, or modified within the existing text. This is typically achieved through the use of specific typographical conventions. New material is generally indicated by underlining, while deleted material is indicated by striking through. However, when a section of existing law is entirely replaced by new text, the practice is to indicate the deletion of the old section and the addition of the new section. The question posits a scenario where a drafter is tasked with repealing an entire existing section of the Ohio Revised Code and inserting entirely new provisions in its place. The correct method for representing this in a draft bill, according to standard legislative drafting practice in Ohio and many other jurisdictions, is to strike through the entire existing section to signify its removal and then to underline the entirely new text that will replace it. This clearly communicates that the original language is being entirely expunged and a new legislative mandate is being introduced. Other methods, such as simply deleting the old text without marking it, or only underlining the new text without marking the deletion of the old, would be less precise and could lead to ambiguity regarding the legislative intent to completely abrogate the prior enactment.
Incorrect
The Ohio Revised Code (ORC) Section 101.35 establishes the Legislative Service Commission (LSC) and outlines its duties, including the preparation of legislative measures. When drafting a bill to amend an existing Ohio statute, a legislative drafter must adhere to specific stylistic and structural conventions to ensure clarity, precision, and legal efficacy. The core principle is to clearly indicate what is being added, deleted, or modified within the existing text. This is typically achieved through the use of specific typographical conventions. New material is generally indicated by underlining, while deleted material is indicated by striking through. However, when a section of existing law is entirely replaced by new text, the practice is to indicate the deletion of the old section and the addition of the new section. The question posits a scenario where a drafter is tasked with repealing an entire existing section of the Ohio Revised Code and inserting entirely new provisions in its place. The correct method for representing this in a draft bill, according to standard legislative drafting practice in Ohio and many other jurisdictions, is to strike through the entire existing section to signify its removal and then to underline the entirely new text that will replace it. This clearly communicates that the original language is being entirely expunged and a new legislative mandate is being introduced. Other methods, such as simply deleting the old text without marking it, or only underlining the new text without marking the deletion of the old, would be less precise and could lead to ambiguity regarding the legislative intent to completely abrogate the prior enactment.
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                        Question 3 of 30
3. Question
During the drafting of a proposed amendment to Ohio Revised Code Section 3745.07, concerning air pollution control permits, a legislative intern mistakenly references an outdated federal regulation from 1985 as the sole basis for a new permitting requirement, rather than incorporating the most recent EPA guidelines and relevant Ohio administrative rules. Which fundamental principle of effective legislative drafting, as applied in Ohio, has been most significantly overlooked in this scenario?
Correct
The Ohio Revised Code (ORC) Chapter 101, specifically ORC 101.51, outlines the legislative counsel’s role in preparing bills for introduction. This statute mandates that the legislative counsel shall draft all bills, resolutions, and amendments for introduction in either house of the general assembly. Furthermore, ORC 101.52 details the requirements for bill format, including the use of specific numbering and lettering systems for sections, divisions, and subdivisions. When drafting legislation, adherence to established style guides and precedents is crucial for clarity, consistency, and legal efficacy. This includes understanding the proper citation of existing Ohio statutes and the correct method for proposing amendments to them. The process involves ensuring that proposed changes are integrated seamlessly into the existing statutory framework, avoiding internal contradictions or ambiguities. A key aspect of legislative drafting is the ability to anticipate potential interpretations and ensure the intended meaning is conveyed precisely. This involves careful word choice, precise sentence structure, and a thorough understanding of legal terminology. The legislative counsel’s office in Ohio provides a repository of these drafting standards and precedents, which are essential for any drafter to consult. The goal is to produce legislation that is not only legally sound but also easily understood by legislators, legal professionals, and the public.
Incorrect
The Ohio Revised Code (ORC) Chapter 101, specifically ORC 101.51, outlines the legislative counsel’s role in preparing bills for introduction. This statute mandates that the legislative counsel shall draft all bills, resolutions, and amendments for introduction in either house of the general assembly. Furthermore, ORC 101.52 details the requirements for bill format, including the use of specific numbering and lettering systems for sections, divisions, and subdivisions. When drafting legislation, adherence to established style guides and precedents is crucial for clarity, consistency, and legal efficacy. This includes understanding the proper citation of existing Ohio statutes and the correct method for proposing amendments to them. The process involves ensuring that proposed changes are integrated seamlessly into the existing statutory framework, avoiding internal contradictions or ambiguities. A key aspect of legislative drafting is the ability to anticipate potential interpretations and ensure the intended meaning is conveyed precisely. This involves careful word choice, precise sentence structure, and a thorough understanding of legal terminology. The legislative counsel’s office in Ohio provides a repository of these drafting standards and precedents, which are essential for any drafter to consult. The goal is to produce legislation that is not only legally sound but also easily understood by legislators, legal professionals, and the public.
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                        Question 4 of 30
4. Question
When a member of the Ohio General Assembly wishes to propose new legislation, what is the mandated initial step in the formal bill drafting and introduction process, as outlined by Ohio Revised Code provisions concerning legislative procedures?
Correct
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process, including the drafting and introduction of bills. Specifically, ORC Section 101.52 addresses the role of the Legislative Service Commission (LSC) in bill drafting and provides for the establishment of bill drafting procedures. When a member of the General Assembly desires to introduce a bill, they must submit a request to the LSC. The LSC staff then drafts the bill in accordance with the member’s instructions and applicable legal standards, ensuring clarity, consistency, and adherence to constitutional requirements. The process involves review, revision, and ultimately, the formal introduction of the drafted bill into the appropriate chamber of the Ohio General Assembly. This foundational step is crucial for ensuring that proposed legislation is legally sound and effectively communicates its intended purpose, thereby facilitating the legislative deliberation and enactment process within Ohio.
Incorrect
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process, including the drafting and introduction of bills. Specifically, ORC Section 101.52 addresses the role of the Legislative Service Commission (LSC) in bill drafting and provides for the establishment of bill drafting procedures. When a member of the General Assembly desires to introduce a bill, they must submit a request to the LSC. The LSC staff then drafts the bill in accordance with the member’s instructions and applicable legal standards, ensuring clarity, consistency, and adherence to constitutional requirements. The process involves review, revision, and ultimately, the formal introduction of the drafted bill into the appropriate chamber of the Ohio General Assembly. This foundational step is crucial for ensuring that proposed legislation is legally sound and effectively communicates its intended purpose, thereby facilitating the legislative deliberation and enactment process within Ohio.
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                        Question 5 of 30
5. Question
A newly enacted Ohio law, codified in the Ohio Revised Code, mandates a specific, uniform public hearing process for all municipal zoning map amendments throughout the state, requiring at least two weeks’ notice published in a local newspaper of general circulation. The Director of the Ohio Department of Commerce, citing the department’s general authority to promote efficient local government operations under Ohio Revised Code Section 111.15, subsequently issues a departmental rule that permits municipalities to waive the public hearing requirement for zoning map amendments if the amendment is deemed “non-controversial” by the municipal planning commission. Which of the following statements accurately reflects the legal standing of the Director’s rule in relation to the enacted state law?
Correct
The core principle tested here is the Ohio General Assembly’s authority to enact legislation that affects local government powers. Ohio Revised Code Section 111.15 grants the Director of the Department of Commerce the power to adopt, amend, and rescind rules that are necessary for the efficient operation of the department. However, this rulemaking authority is subordinate to legislative enactments. When the General Assembly passes a law, such as an act to standardize certain municipal zoning procedures across Ohio, this legislative act supersedes any existing or future administrative rules that might conflict with its provisions or attempt to grant broader or different powers to local entities than the legislature has prescribed. Specifically, the Ohio Constitution, Article II, Section 1, vests legislative power in the General Assembly. Therefore, any attempt by the Department of Commerce to issue a rule that would permit municipalities to deviate from a legislatively mandated zoning process, by allowing them to bypass a required public hearing, would be an overreach of administrative power and would be invalid as contrary to state law. The legislature has the ultimate authority to define the scope of powers granted to political subdivisions.
Incorrect
The core principle tested here is the Ohio General Assembly’s authority to enact legislation that affects local government powers. Ohio Revised Code Section 111.15 grants the Director of the Department of Commerce the power to adopt, amend, and rescind rules that are necessary for the efficient operation of the department. However, this rulemaking authority is subordinate to legislative enactments. When the General Assembly passes a law, such as an act to standardize certain municipal zoning procedures across Ohio, this legislative act supersedes any existing or future administrative rules that might conflict with its provisions or attempt to grant broader or different powers to local entities than the legislature has prescribed. Specifically, the Ohio Constitution, Article II, Section 1, vests legislative power in the General Assembly. Therefore, any attempt by the Department of Commerce to issue a rule that would permit municipalities to deviate from a legislatively mandated zoning process, by allowing them to bypass a required public hearing, would be an overreach of administrative power and would be invalid as contrary to state law. The legislature has the ultimate authority to define the scope of powers granted to political subdivisions.
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                        Question 6 of 30
6. Question
A legislative service commission staff attorney in Ohio is tasked with drafting a bill that proposes to amend Chapter 1309 of the Ohio Revised Code, which governs secured transactions. The attorney identifies that the proposed amendment will necessitate changes to several cross-referenced sections within other chapters, including specific provisions in Chapter 4505 (Certificate of Title) and Chapter 4517 (Motor Vehicle Dealers). Which of the following actions by the staff attorney best demonstrates adherence to the principles of comprehensive legislative drafting within the Ohio context?
Correct
The Ohio Revised Code (ORC) Section 101.35 establishes the legislative service commission’s role in providing research and drafting services to the General Assembly. When drafting a bill, a legislative service commission staff attorney must ensure the proposed legislation aligns with existing statutory frameworks and constitutional provisions. The process involves not only understanding the substantive policy goals but also the technical requirements of legislative drafting, including proper citation of statutes and adherence to formatting conventions. For instance, when amending an existing law, the draft must clearly indicate the sections being modified, repealed, or enacted, using specific legislative symbols and language. The attorney must also consider the impact of the proposed changes on other related statutes to avoid conflicts or unintended consequences. The commission’s responsibility extends to ensuring that bills are grammatically sound, logically structured, and clearly written to facilitate understanding and implementation. This involves a meticulous review process that scrutinizes every word and phrase for precision and legal effect, ensuring that the final product is a legally sound and effective piece of legislation that can be properly considered and enacted by the Ohio General Assembly.
Incorrect
The Ohio Revised Code (ORC) Section 101.35 establishes the legislative service commission’s role in providing research and drafting services to the General Assembly. When drafting a bill, a legislative service commission staff attorney must ensure the proposed legislation aligns with existing statutory frameworks and constitutional provisions. The process involves not only understanding the substantive policy goals but also the technical requirements of legislative drafting, including proper citation of statutes and adherence to formatting conventions. For instance, when amending an existing law, the draft must clearly indicate the sections being modified, repealed, or enacted, using specific legislative symbols and language. The attorney must also consider the impact of the proposed changes on other related statutes to avoid conflicts or unintended consequences. The commission’s responsibility extends to ensuring that bills are grammatically sound, logically structured, and clearly written to facilitate understanding and implementation. This involves a meticulous review process that scrutinizes every word and phrase for precision and legal effect, ensuring that the final product is a legally sound and effective piece of legislation that can be properly considered and enacted by the Ohio General Assembly.
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                        Question 7 of 30
7. Question
Consider a scenario where a legislative aide in Ohio is tasked with drafting an amendment to ORC 3313.60, which pertains to the required curriculum in public schools. The amendment is intended to add a new requirement for instruction on civic engagement and local government operations, without altering the existing provisions for history and social studies. Which of the following represents the most accurate and standard method for indicating the proposed addition within the drafted bill text according to Ohio legislative drafting conventions?
Correct
The Ohio Revised Code (ORC) Chapter 101, specifically ORC 101.34, outlines the powers and duties of the Legislative Service Commission (LSC). This statute empowers the LSC to prepare and introduce legislation, conduct research, and provide other services to the General Assembly. When drafting a bill that proposes to amend an existing Ohio statute, legislative drafters must adhere to specific formatting and content requirements to ensure clarity, consistency, and legal efficacy. This includes clearly identifying the section of the Ohio Revised Code being amended, using specific language to indicate additions (underscoring) and deletions (strikethrough or brackets), and ensuring the amendment aligns with the overall legislative intent. The process also involves ensuring the bill is properly titled, includes an emergency clause if applicable, and follows the established legislative process for introduction and passage. The question tests the understanding of the fundamental principles of statutory amendment within the context of Ohio legislative drafting, focusing on the correct method for indicating changes to existing law as prescribed by legislative drafting conventions and the ORC.
Incorrect
The Ohio Revised Code (ORC) Chapter 101, specifically ORC 101.34, outlines the powers and duties of the Legislative Service Commission (LSC). This statute empowers the LSC to prepare and introduce legislation, conduct research, and provide other services to the General Assembly. When drafting a bill that proposes to amend an existing Ohio statute, legislative drafters must adhere to specific formatting and content requirements to ensure clarity, consistency, and legal efficacy. This includes clearly identifying the section of the Ohio Revised Code being amended, using specific language to indicate additions (underscoring) and deletions (strikethrough or brackets), and ensuring the amendment aligns with the overall legislative intent. The process also involves ensuring the bill is properly titled, includes an emergency clause if applicable, and follows the established legislative process for introduction and passage. The question tests the understanding of the fundamental principles of statutory amendment within the context of Ohio legislative drafting, focusing on the correct method for indicating changes to existing law as prescribed by legislative drafting conventions and the ORC.
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                        Question 8 of 30
8. Question
Following the successful passage of identical legislation by both the Ohio House of Representatives and the Ohio Senate, what is the constitutionally mandated immediate next procedural step before the bill can be enacted into law, assuming the legislative session is ongoing?
Correct
The Ohio Revised Code (ORC) Chapter 101 outlines the legislative process. Specifically, ORC 101.35 addresses the legislative service commission’s role in bill drafting. When a bill is introduced, it must undergo several readings and committee reviews. The process involves introduction, referral to committee, committee hearings, committee report, floor debate, voting, and if passed by one chamber, transmission to the other. Amendments can be proposed and adopted at various stages. A bill must pass both the House of Representatives and the Senate in identical form before it can be presented to the Governor for signature. If the Governor vetoes a bill, the legislature can override the veto with a three-fifths vote in each house. The question focuses on the procedural requirement for a bill to become law after passing both chambers. The critical step after identical passage by both houses is presentation to the Governor. If the Governor signs it, it becomes law. If the Governor takes no action within a specified period (typically 10 days while the legislature is in session, or 30 days if adjourned), it also becomes law without signature. The question asks about the immediate next step after both houses pass an identical bill. The immediate procedural step is the presentation of the bill to the Governor for action.
Incorrect
The Ohio Revised Code (ORC) Chapter 101 outlines the legislative process. Specifically, ORC 101.35 addresses the legislative service commission’s role in bill drafting. When a bill is introduced, it must undergo several readings and committee reviews. The process involves introduction, referral to committee, committee hearings, committee report, floor debate, voting, and if passed by one chamber, transmission to the other. Amendments can be proposed and adopted at various stages. A bill must pass both the House of Representatives and the Senate in identical form before it can be presented to the Governor for signature. If the Governor vetoes a bill, the legislature can override the veto with a three-fifths vote in each house. The question focuses on the procedural requirement for a bill to become law after passing both chambers. The critical step after identical passage by both houses is presentation to the Governor. If the Governor signs it, it becomes law. If the Governor takes no action within a specified period (typically 10 days while the legislature is in session, or 30 days if adjourned), it also becomes law without signature. The question asks about the immediate next step after both houses pass an identical bill. The immediate procedural step is the presentation of the bill to the Governor for action.
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                        Question 9 of 30
9. Question
Following the successful passage of a new appropriation bill by the Ohio General Assembly, which is then signed into law by the Governor, in which official compilation of enacted legislation would the full text of this newly enacted law be most accurately and immediately found for public record and reference?
Correct
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process in Ohio. Specifically, ORC 101.51 outlines the requirements for the codification and publication of session laws. When a bill becomes an act, it is assigned a chapter number within the Ohio Revised Code if it amends, enacts, or repeals existing provisions. If the act is a new enactment that does not directly amend or repeal existing ORC sections but creates a new, standalone law, it is typically published as a “General Act” or a “Local Act” in the session laws, and its codification into the ORC would depend on its subject matter and legislative intent for permanent inclusion. However, the question asks about the *publication* of the enacted law. The session laws are the official compilation of all acts passed during a legislative session, published chronologically. Therefore, the most accurate description of where an enacted bill is initially published is within the session laws of Ohio, regardless of whether it is immediately codified into the Revised Code. The Ohio Legislative Service Commission (LSC) is responsible for preparing the session laws for publication. The question implies a general understanding of the publication process for enacted legislation in Ohio. The concept of “codification” refers to the process of organizing and integrating new laws into the existing statutory framework, which is a subsequent step to initial publication. The “Ohio Administrative Code” pertains to rules promulgated by state agencies, not legislative acts. “Legislative journals” record the proceedings of the legislature but are not the primary publication venue for the text of enacted laws themselves.
Incorrect
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process in Ohio. Specifically, ORC 101.51 outlines the requirements for the codification and publication of session laws. When a bill becomes an act, it is assigned a chapter number within the Ohio Revised Code if it amends, enacts, or repeals existing provisions. If the act is a new enactment that does not directly amend or repeal existing ORC sections but creates a new, standalone law, it is typically published as a “General Act” or a “Local Act” in the session laws, and its codification into the ORC would depend on its subject matter and legislative intent for permanent inclusion. However, the question asks about the *publication* of the enacted law. The session laws are the official compilation of all acts passed during a legislative session, published chronologically. Therefore, the most accurate description of where an enacted bill is initially published is within the session laws of Ohio, regardless of whether it is immediately codified into the Revised Code. The Ohio Legislative Service Commission (LSC) is responsible for preparing the session laws for publication. The question implies a general understanding of the publication process for enacted legislation in Ohio. The concept of “codification” refers to the process of organizing and integrating new laws into the existing statutory framework, which is a subsequent step to initial publication. The “Ohio Administrative Code” pertains to rules promulgated by state agencies, not legislative acts. “Legislative journals” record the proceedings of the legislature but are not the primary publication venue for the text of enacted laws themselves.
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                        Question 10 of 30
10. Question
Consider a scenario where the Ohio Department of Environmental Protection proposes a significant amendment to its regulations concerning wastewater discharge permits. Following the initial submission to the Legislative Service Commission and the public comment period, the agency submits the revised rule to the Joint Committee on Agency Rule Review (JCARR). During the JCARR hearing, a majority of the committee members vote to disapprove the proposed amendment. What is the immediate procedural consequence of JCARR’s disapproval of the agency’s rule amendment under Ohio law, and what subsequent actions can the agency take to potentially still have the rule take effect?
Correct
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process. Specifically, ORC 101.34 outlines the process for the creation and amendment of legislative rules by state agencies. When a state agency proposes a new rule or an amendment to an existing rule, it must submit the proposed rule to the Director of the Legislative Service Commission (LSC). The LSC then reviews the rule for compliance with statutory requirements and for its effect on existing law. Following the LSC review, the proposed rule is filed with the Secretary of State and published in the Register of Ohio. A public comment period follows, during which interested parties can submit written or oral comments. After the comment period, the agency may revise the rule based on the comments received. The revised rule is then submitted to the Joint Committee on Agency Rule Review (JCARR). JCARR has the authority to approve, disapprove, or recommend modifications to the rule. If JCARR disapproves a rule, the agency can still adopt it, but it must then submit a written explanation to the General Assembly, and the rule can be overturned by a concurrent resolution of disapproval. The question tests the understanding of the specific procedural steps and the role of JCARR in the Ohio administrative rulemaking process, a core competency for legislative drafters in Ohio.
Incorrect
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process. Specifically, ORC 101.34 outlines the process for the creation and amendment of legislative rules by state agencies. When a state agency proposes a new rule or an amendment to an existing rule, it must submit the proposed rule to the Director of the Legislative Service Commission (LSC). The LSC then reviews the rule for compliance with statutory requirements and for its effect on existing law. Following the LSC review, the proposed rule is filed with the Secretary of State and published in the Register of Ohio. A public comment period follows, during which interested parties can submit written or oral comments. After the comment period, the agency may revise the rule based on the comments received. The revised rule is then submitted to the Joint Committee on Agency Rule Review (JCARR). JCARR has the authority to approve, disapprove, or recommend modifications to the rule. If JCARR disapproves a rule, the agency can still adopt it, but it must then submit a written explanation to the General Assembly, and the rule can be overturned by a concurrent resolution of disapproval. The question tests the understanding of the specific procedural steps and the role of JCARR in the Ohio administrative rulemaking process, a core competency for legislative drafters in Ohio.
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                        Question 11 of 30
11. Question
Representative Anya Sharma of the Ohio House of Representatives is meticulously preparing a new bill intended to streamline environmental compliance reporting for all municipalities within Ohio. This proposed legislation would require each municipality to implement a new digital submission system for their quarterly environmental impact data, a process that would necessitate significant upfront investment in software and personnel training for each local government. Before formally introducing this bill in the upcoming legislative session, Representative Sharma seeks to ensure all procedural prerequisites are met. What specific legislative drafting requirement, mandated by Ohio law, must be addressed to properly introduce this bill, given its direct financial implications for Ohio’s political subdivisions?
Correct
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process, including the drafting and introduction of bills. Specifically, ORC 101.51 outlines the procedures for bill drafting and requires the Legislative Service Commission (LSC) to prepare a fiscal note for any bill that imposes a cost on any state agency or political subdivision. This fiscal note must estimate the costs and revenues associated with the bill and be attached to the bill when it is introduced. The question tests the understanding of the procedural requirements for introducing legislation in Ohio, particularly concerning the fiscal impact analysis mandated by statute. The scenario describes a situation where a representative is preparing to introduce a bill that would mandate new reporting requirements for Ohio municipalities, thereby creating a direct financial impact. The correct drafting practice, therefore, necessitates the preparation of a fiscal note by the LSC to accompany the bill’s introduction, as per ORC 101.51. This ensures transparency and allows legislators to understand the potential financial consequences before voting on the measure.
Incorrect
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process, including the drafting and introduction of bills. Specifically, ORC 101.51 outlines the procedures for bill drafting and requires the Legislative Service Commission (LSC) to prepare a fiscal note for any bill that imposes a cost on any state agency or political subdivision. This fiscal note must estimate the costs and revenues associated with the bill and be attached to the bill when it is introduced. The question tests the understanding of the procedural requirements for introducing legislation in Ohio, particularly concerning the fiscal impact analysis mandated by statute. The scenario describes a situation where a representative is preparing to introduce a bill that would mandate new reporting requirements for Ohio municipalities, thereby creating a direct financial impact. The correct drafting practice, therefore, necessitates the preparation of a fiscal note by the LSC to accompany the bill’s introduction, as per ORC 101.51. This ensures transparency and allows legislators to understand the potential financial consequences before voting on the measure.
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                        Question 12 of 30
12. Question
A newly elected state representative from Ohio’s 7th District intends to introduce legislation aimed at streamlining the process for small businesses to obtain environmental permits. The representative has a clear policy objective but lacks expertise in statutory drafting. Which entity within the Ohio General Assembly is statutorily mandated to assist in the formal drafting of this proposed legislation, ensuring it conforms to established legal standards and legislative procedures?
Correct
The Ohio Revised Code (ORC) governs the process of legislative drafting in Ohio. Specifically, ORC Chapter 101 governs the legislative service commission, which plays a crucial role in bill drafting. When a legislator proposes a bill, the legislative service commission is responsible for drafting it in proper legal form, ensuring it aligns with existing Ohio law and constitutional requirements. This involves understanding statutory construction principles, legislative intent, and the proper use of legal terminology. The commission’s staff must also consider the bill’s potential impact on various sectors of Ohio society and ensure clarity and precision in its language to avoid ambiguity. A key aspect of this process is adherence to the rules of legislative procedure and the canons of statutory interpretation. The commission’s role is to provide neutral, objective, and legally sound drafting services to all members of the General Assembly, regardless of party affiliation. This ensures the integrity and effectiveness of the legislative process in Ohio.
Incorrect
The Ohio Revised Code (ORC) governs the process of legislative drafting in Ohio. Specifically, ORC Chapter 101 governs the legislative service commission, which plays a crucial role in bill drafting. When a legislator proposes a bill, the legislative service commission is responsible for drafting it in proper legal form, ensuring it aligns with existing Ohio law and constitutional requirements. This involves understanding statutory construction principles, legislative intent, and the proper use of legal terminology. The commission’s staff must also consider the bill’s potential impact on various sectors of Ohio society and ensure clarity and precision in its language to avoid ambiguity. A key aspect of this process is adherence to the rules of legislative procedure and the canons of statutory interpretation. The commission’s role is to provide neutral, objective, and legally sound drafting services to all members of the General Assembly, regardless of party affiliation. This ensures the integrity and effectiveness of the legislative process in Ohio.
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                        Question 13 of 30
13. Question
During the drafting of a new bill intended to amend existing Ohio tax law, a legislative aide to a state representative expresses concern that a particular clause might inadvertently create a loophole not foreseen by the representative. The legislative drafting attorney from the Legislative Service Commission, adhering to their professional mandate, has meticulously ensured the clause is grammatically sound and aligns with the established statutory style of Ohio. However, the attorney also recognizes the potential for the unintended consequence raised by the aide. What is the primary responsibility of the legislative drafting attorney in this specific scenario, considering the distinct roles within the Ohio legislative process?
Correct
The Ohio Revised Code (ORC) Chapter 101, specifically ORC 101.35, governs the legislative service commission and its role in bill drafting and research. When a bill is introduced in the Ohio General Assembly, it is assigned a bill number and referred to a committee. The legislative service commission, through its staff, is responsible for providing non-partisan, professional drafting services for all proposed legislation. This includes ensuring clarity, consistency with existing law, and adherence to proper statutory form. ORC 101.35(A) mandates that the commission shall, upon request of any member of the general assembly, prepare bills, resolutions, and amendments thereto. The process involves consultation with the requesting legislator to understand the policy intent and legal framework. The drafted bill then undergoes review for technical accuracy and adherence to the rules of the respective house. The legislative service commission’s role is advisory and technical; it does not dictate policy or engage in partisan advocacy. Therefore, the fundamental responsibility for the content and policy direction of a bill rests with the introducing legislator. The commission’s expertise lies in translating that policy into legally sound and properly formatted statutory language. The process emphasizes accuracy, clarity, and adherence to the established legislative drafting conventions of Ohio.
Incorrect
The Ohio Revised Code (ORC) Chapter 101, specifically ORC 101.35, governs the legislative service commission and its role in bill drafting and research. When a bill is introduced in the Ohio General Assembly, it is assigned a bill number and referred to a committee. The legislative service commission, through its staff, is responsible for providing non-partisan, professional drafting services for all proposed legislation. This includes ensuring clarity, consistency with existing law, and adherence to proper statutory form. ORC 101.35(A) mandates that the commission shall, upon request of any member of the general assembly, prepare bills, resolutions, and amendments thereto. The process involves consultation with the requesting legislator to understand the policy intent and legal framework. The drafted bill then undergoes review for technical accuracy and adherence to the rules of the respective house. The legislative service commission’s role is advisory and technical; it does not dictate policy or engage in partisan advocacy. Therefore, the fundamental responsibility for the content and policy direction of a bill rests with the introducing legislator. The commission’s expertise lies in translating that policy into legally sound and properly formatted statutory language. The process emphasizes accuracy, clarity, and adherence to the established legislative drafting conventions of Ohio.
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                        Question 14 of 30
14. Question
Following the passage of a bill originating in the Ohio House of Representatives, the Ohio Senate introduces and adopts several amendments to that bill. What is the subsequent procedural step required for the bill to advance toward final enactment by the Governor, assuming the intent is for the bill to be passed in its amended form?
Correct
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process. Specifically, ORC Section 101.31 addresses the engrossment and enrollment of bills. Engrossment is the process of incorporating all amendments adopted by the legislative chamber into the bill’s text, creating a clean, final version of the bill as passed by that chamber. Enrollment, on the other hand, is the final preparation of a bill after it has passed both chambers in identical form. This process involves preparing the bill for the governor’s signature, typically including a certificate of enrollment. When a bill passes the House and then is amended by the Senate, the Senate’s version becomes the engrossed bill for that chamber. If the House subsequently concurs in the Senate’s amendments, the bill as amended by the Senate is then enrolled. If the House does not concur and a conference committee is appointed, the conference committee report, if adopted by both chambers, forms the basis for the enrolled bill. In this scenario, the Senate amended the bill passed by the House. For the bill to proceed to the governor, the House must either concur in the Senate’s amendments or a conference committee must resolve any differences, with both chambers adopting the conference committee’s report. The question asks what happens *after* the Senate amends a House bill. If the House concurs in the Senate’s amendments, the bill is then enrolled. If the House does not concur, a conference committee process is initiated. Therefore, the immediate next step, assuming the process leads to passage, involves either House concurrence or a conference committee. The question asks about the most direct procedural step to final passage after Senate amendment, which implies the House’s action on those amendments. The correct procedural path to enrollment after a Senate amendment to a House bill is for the House to concur in the Senate’s amendments.
Incorrect
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process. Specifically, ORC Section 101.31 addresses the engrossment and enrollment of bills. Engrossment is the process of incorporating all amendments adopted by the legislative chamber into the bill’s text, creating a clean, final version of the bill as passed by that chamber. Enrollment, on the other hand, is the final preparation of a bill after it has passed both chambers in identical form. This process involves preparing the bill for the governor’s signature, typically including a certificate of enrollment. When a bill passes the House and then is amended by the Senate, the Senate’s version becomes the engrossed bill for that chamber. If the House subsequently concurs in the Senate’s amendments, the bill as amended by the Senate is then enrolled. If the House does not concur and a conference committee is appointed, the conference committee report, if adopted by both chambers, forms the basis for the enrolled bill. In this scenario, the Senate amended the bill passed by the House. For the bill to proceed to the governor, the House must either concur in the Senate’s amendments or a conference committee must resolve any differences, with both chambers adopting the conference committee’s report. The question asks what happens *after* the Senate amends a House bill. If the House concurs in the Senate’s amendments, the bill is then enrolled. If the House does not concur, a conference committee process is initiated. Therefore, the immediate next step, assuming the process leads to passage, involves either House concurrence or a conference committee. The question asks about the most direct procedural step to final passage after Senate amendment, which implies the House’s action on those amendments. The correct procedural path to enrollment after a Senate amendment to a House bill is for the House to concur in the Senate’s amendments.
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                        Question 15 of 30
15. Question
Consider a legislative proposal in Ohio aiming to modify the reporting requirements for municipal corporations regarding their financial condition, as currently stipulated in ORC Chapter 117, which deals with the Bureau of Inspection and Supervision of Public Offices. If the drafter intends to insert a new subsection that mandates quarterly electronic submission of specific budgetary data to the Auditor of State, what is the most precise and legally sound method to achieve this within the existing statutory language of ORC Chapter 117, assuming the new requirement directly impacts the procedures outlined in a pre-existing section like ORC 117.19?
Correct
The Ohio Revised Code (ORC) Chapter 101, specifically sections like ORC 101.34 and ORC 101.35, governs the legislative service commission and its role in bill drafting and research. When drafting a bill, particularly one that amends existing Ohio law, a legislative drafter must ensure that the amendment is clearly and precisely integrated into the current statutory framework. This involves identifying the specific section of the Ohio Revised Code that is being altered, understanding its current language, and then crafting new language that either adds, deletes, or modifies the existing text. The drafter must also consider the internal consistency of the proposed amendment with other related sections of the ORC and any relevant administrative rules promulgated by Ohio agencies. For instance, if a bill proposes to change the eligibility criteria for a state benefit program administered by the Ohio Department of Job and Family Services, the drafter would need to consult the ORC sections defining that program and potentially the administrative rules found in the Ohio Administrative Code (OAC) that implement those statutory provisions. The goal is to create a seamless and unambiguous legislative change that reflects the intent of the sponsor while maintaining legal clarity and avoiding unintended consequences. The process often involves referencing prior legislative acts that have amended the same section to understand the historical context of the provision.
Incorrect
The Ohio Revised Code (ORC) Chapter 101, specifically sections like ORC 101.34 and ORC 101.35, governs the legislative service commission and its role in bill drafting and research. When drafting a bill, particularly one that amends existing Ohio law, a legislative drafter must ensure that the amendment is clearly and precisely integrated into the current statutory framework. This involves identifying the specific section of the Ohio Revised Code that is being altered, understanding its current language, and then crafting new language that either adds, deletes, or modifies the existing text. The drafter must also consider the internal consistency of the proposed amendment with other related sections of the ORC and any relevant administrative rules promulgated by Ohio agencies. For instance, if a bill proposes to change the eligibility criteria for a state benefit program administered by the Ohio Department of Job and Family Services, the drafter would need to consult the ORC sections defining that program and potentially the administrative rules found in the Ohio Administrative Code (OAC) that implement those statutory provisions. The goal is to create a seamless and unambiguous legislative change that reflects the intent of the sponsor while maintaining legal clarity and avoiding unintended consequences. The process often involves referencing prior legislative acts that have amended the same section to understand the historical context of the provision.
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                        Question 16 of 30
16. Question
When drafting a bill to amend Section 111.15 of the Ohio Revised Code, which was originally enacted by Substitute House Bill 137 of the 130th General Assembly, what is the precise and legally compliant method for referencing the existing statutory authority within the proposed legislation?
Correct
The core principle tested here is the proper citation of statutory authority within Ohio legislative drafting. Ohio Revised Code (ORC) Section 101.31(A) mandates that all bills introduced in the Ohio General Assembly must cite the specific section or sections of the Ohio Revised Code that they propose to amend or enact. This ensures clarity, transparency, and proper legislative procedure by clearly indicating the existing law being modified and the source of the legislative power. Failure to correctly cite the ORC can lead to procedural objections, delays, or even the bill’s rejection. When drafting legislation that modifies an existing statute, the drafter must identify the precise ORC section number and the specific subsection or division if applicable, as well as the bill number that originally enacted or last amended that section. This level of detail is crucial for maintaining an accurate and accessible legislative record. For instance, if a bill amends ORC 307.32, the citation must reflect that specific section. The question asks for the correct citation format for a bill that amends a specific existing section of the Ohio Revised Code. The correct format requires referencing the Ohio Revised Code, the section number, and the bill number that enacted or last amended it.
Incorrect
The core principle tested here is the proper citation of statutory authority within Ohio legislative drafting. Ohio Revised Code (ORC) Section 101.31(A) mandates that all bills introduced in the Ohio General Assembly must cite the specific section or sections of the Ohio Revised Code that they propose to amend or enact. This ensures clarity, transparency, and proper legislative procedure by clearly indicating the existing law being modified and the source of the legislative power. Failure to correctly cite the ORC can lead to procedural objections, delays, or even the bill’s rejection. When drafting legislation that modifies an existing statute, the drafter must identify the precise ORC section number and the specific subsection or division if applicable, as well as the bill number that originally enacted or last amended that section. This level of detail is crucial for maintaining an accurate and accessible legislative record. For instance, if a bill amends ORC 307.32, the citation must reflect that specific section. The question asks for the correct citation format for a bill that amends a specific existing section of the Ohio Revised Code. The correct format requires referencing the Ohio Revised Code, the section number, and the bill number that enacted or last amended it.
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                        Question 17 of 30
17. Question
Considering the constitutional amendment process in Ohio, what is the minimum number of votes required in each chamber of the Ohio General Assembly for a proposed amendment to be placed on the statewide ballot for voter consideration, as stipulated by Article XVI of the Ohio Constitution?
Correct
In Ohio, the process of amending the state constitution involves specific steps outlined in Article XVI of the Ohio Constitution. For a proposed amendment to be placed on the ballot for voter approval, it must first be passed by three-fifths of the members of each house of the General Assembly. This means that if the House of Representatives has 99 members, three-fifths would be \(0.6 \times 99 = 59.4\), rounded up to 60 members. Similarly, if the Senate has 33 members, three-fifths would be \(0.6 \times 33 = 19.8\), rounded up to 20 members. Therefore, to pass an amendment for ballot placement, at least 60 representatives and 20 senators must vote in favor. This supermajority requirement ensures broad legislative consensus before a constitutional amendment is submitted to the electorate. Understanding this threshold is crucial for drafters when advising on the legislative path for proposed changes to Ohio’s foundational law. The constitutional amendment process in Ohio is designed to be deliberate and require significant bipartisan support, reflecting the gravity of altering the state’s constitution. This high bar prevents hasty or politically motivated amendments from easily reaching the ballot, promoting stability in the state’s governing framework.
Incorrect
In Ohio, the process of amending the state constitution involves specific steps outlined in Article XVI of the Ohio Constitution. For a proposed amendment to be placed on the ballot for voter approval, it must first be passed by three-fifths of the members of each house of the General Assembly. This means that if the House of Representatives has 99 members, three-fifths would be \(0.6 \times 99 = 59.4\), rounded up to 60 members. Similarly, if the Senate has 33 members, three-fifths would be \(0.6 \times 33 = 19.8\), rounded up to 20 members. Therefore, to pass an amendment for ballot placement, at least 60 representatives and 20 senators must vote in favor. This supermajority requirement ensures broad legislative consensus before a constitutional amendment is submitted to the electorate. Understanding this threshold is crucial for drafters when advising on the legislative path for proposed changes to Ohio’s foundational law. The constitutional amendment process in Ohio is designed to be deliberate and require significant bipartisan support, reflecting the gravity of altering the state’s constitution. This high bar prevents hasty or politically motivated amendments from easily reaching the ballot, promoting stability in the state’s governing framework.
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                        Question 18 of 30
18. Question
When drafting a new bill intended to amend a specific section of the Ohio Revised Code concerning environmental regulations, what is the primary procedural and stylistic requirement mandated by Ohio law and legislative practice for indicating deletions from the existing statutory text?
Correct
The Ohio Revised Code (ORC) Section 101.35 governs the legislative drafting process and the role of the Legislative Service Commission (LSC). Specifically, ORC 101.35(A) mandates that the LSC shall prepare and present to the General Assembly bills, resolutions, and amendments. ORC 101.35(B) further details that the LSC shall provide research and other services to members of the General Assembly, including drafting legislative measures. When drafting a bill, drafters must adhere to established conventions for clarity, consistency, and legal precision. This includes proper citation of existing Ohio statutes, accurate referencing of federal law where applicable, and the use of standardized legislative language. The process involves understanding the policy intent, translating it into legally sound language, and ensuring the bill conforms to the structure and style of Ohio legislation. For instance, a bill to amend an existing section of the Ohio Revised Code would typically begin with language indicating the section being amended and then present the proposed changes using strike-throughs for deletions and underlining for additions, as per established drafting style guides. Furthermore, the drafter must consider the bill’s potential impact on existing laws and ensure it does not create conflicts or ambiguities. The LSC’s role is crucial in maintaining the integrity and uniformity of Ohio’s statutory law through meticulous drafting practices.
Incorrect
The Ohio Revised Code (ORC) Section 101.35 governs the legislative drafting process and the role of the Legislative Service Commission (LSC). Specifically, ORC 101.35(A) mandates that the LSC shall prepare and present to the General Assembly bills, resolutions, and amendments. ORC 101.35(B) further details that the LSC shall provide research and other services to members of the General Assembly, including drafting legislative measures. When drafting a bill, drafters must adhere to established conventions for clarity, consistency, and legal precision. This includes proper citation of existing Ohio statutes, accurate referencing of federal law where applicable, and the use of standardized legislative language. The process involves understanding the policy intent, translating it into legally sound language, and ensuring the bill conforms to the structure and style of Ohio legislation. For instance, a bill to amend an existing section of the Ohio Revised Code would typically begin with language indicating the section being amended and then present the proposed changes using strike-throughs for deletions and underlining for additions, as per established drafting style guides. Furthermore, the drafter must consider the bill’s potential impact on existing laws and ensure it does not create conflicts or ambiguities. The LSC’s role is crucial in maintaining the integrity and uniformity of Ohio’s statutory law through meticulous drafting practices.
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                        Question 19 of 30
19. Question
Consider a scenario where a newly elected member of the Ohio House of Representatives approaches the Legislative Service Commission with a policy objective to streamline the process for small business licensing within the state. The legislator desires to introduce a bill that would create a unified online portal for all state-level business registrations and permits, reducing redundancy and processing times. What fundamental principle of legislative drafting, as guided by Ohio Revised Code Chapter 101, must the drafter prioritize when translating this policy goal into statutory language?
Correct
The Ohio Revised Code (ORC) Chapter 101 outlines the general provisions for the legislative service commission and its functions, including bill drafting. ORC 101.35 specifically addresses the duties of the legislative service commission and its staff in preparing and drafting legislation. When a member of the Ohio General Assembly requests the drafting of a bill, the commission’s staff must ensure the bill is prepared in a manner that is legally sound, constitutionally compliant, and effectively achieves the stated legislative intent. This involves meticulous attention to statutory language, clarity of purpose, and the potential impact of the proposed law. The process requires an understanding of existing Ohio statutes, administrative rules, and relevant case law to avoid conflicts or unintended consequences. The legislative service commission’s role is to provide objective, non-partisan drafting services, ensuring that proposed legislation meets the highest professional standards. This includes advising the requesting legislator on the best way to articulate their policy goals within the framework of Ohio law. The drafting process itself is iterative, often involving consultation with the requesting legislator and their staff to refine the language and ensure accuracy. The ultimate goal is to produce a bill that is clear, concise, and capable of achieving its intended effect when enacted into law in Ohio.
Incorrect
The Ohio Revised Code (ORC) Chapter 101 outlines the general provisions for the legislative service commission and its functions, including bill drafting. ORC 101.35 specifically addresses the duties of the legislative service commission and its staff in preparing and drafting legislation. When a member of the Ohio General Assembly requests the drafting of a bill, the commission’s staff must ensure the bill is prepared in a manner that is legally sound, constitutionally compliant, and effectively achieves the stated legislative intent. This involves meticulous attention to statutory language, clarity of purpose, and the potential impact of the proposed law. The process requires an understanding of existing Ohio statutes, administrative rules, and relevant case law to avoid conflicts or unintended consequences. The legislative service commission’s role is to provide objective, non-partisan drafting services, ensuring that proposed legislation meets the highest professional standards. This includes advising the requesting legislator on the best way to articulate their policy goals within the framework of Ohio law. The drafting process itself is iterative, often involving consultation with the requesting legislator and their staff to refine the language and ensure accuracy. The ultimate goal is to produce a bill that is clear, concise, and capable of achieving its intended effect when enacted into law in Ohio.
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                        Question 20 of 30
20. Question
Consider a scenario where Representative Anya Sharma of Ohio’s 42nd House District seeks to introduce legislation to streamline the process for small businesses to obtain environmental permits. She approaches the state’s legislative support staff with her detailed policy objectives and specific provisions she wishes to see included. Within the framework of Ohio’s legislative procedures, which governmental entity is primarily tasked with the initial drafting of the bill to accurately reflect Representative Sharma’s intent and ensure it adheres to established legislative drafting standards?
Correct
The Ohio Revised Code (ORC) Chapter 101 outlines the legislative process. Specifically, ORC 101.35 addresses the preparation of legislative measures by the Legislative Service Commission (LSC). The LSC is responsible for drafting bills, resolutions, and amendments. When a member of the General Assembly requests a bill draft, the LSC must provide a bill that conforms to the request and is drafted in a manner that is clear, concise, and constitutionally sound. The process involves multiple readings and committee reviews. The question focuses on the initial stage of bill drafting initiated by a legislator. The ORC mandates that the LSC staff, under the direction of the Director of the Legislative Service Commission, shall prepare and introduce all bills, resolutions, and amendments for members of the General Assembly. This includes ensuring the draft accurately reflects the legislator’s intent and adheres to legislative drafting standards. Therefore, the primary entity responsible for the initial drafting of a bill upon a legislator’s request is the Legislative Service Commission.
Incorrect
The Ohio Revised Code (ORC) Chapter 101 outlines the legislative process. Specifically, ORC 101.35 addresses the preparation of legislative measures by the Legislative Service Commission (LSC). The LSC is responsible for drafting bills, resolutions, and amendments. When a member of the General Assembly requests a bill draft, the LSC must provide a bill that conforms to the request and is drafted in a manner that is clear, concise, and constitutionally sound. The process involves multiple readings and committee reviews. The question focuses on the initial stage of bill drafting initiated by a legislator. The ORC mandates that the LSC staff, under the direction of the Director of the Legislative Service Commission, shall prepare and introduce all bills, resolutions, and amendments for members of the General Assembly. This includes ensuring the draft accurately reflects the legislator’s intent and adheres to legislative drafting standards. Therefore, the primary entity responsible for the initial drafting of a bill upon a legislator’s request is the Legislative Service Commission.
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                        Question 21 of 30
21. Question
Following the successful passage of a proposed legislative measure by the Ohio Senate, what is the immediate procedural action taken to formally present the bill to the Ohio House of Representatives for their deliberation and potential amendment?
Correct
In Ohio, when a bill is introduced in the General Assembly, it undergoes a series of readings and committee reviews. The process is designed to allow for thorough examination, debate, and amendment. After introduction, a bill is typically referred to an appropriate standing committee in the house of origin. Within the committee, the bill may be discussed, amended, and voted upon. If it passes the committee, it is reported to the floor of the house for further consideration. The bill then receives its first and second readings, where it is debated and may be further amended. Following the second reading, the bill is engrossed, meaning any amendments are incorporated into the original text. The bill is then placed on the calendar for a final vote in the house of origin. If it passes, it is then sent to the other house, where it goes through a similar process of committee review, readings, and votes. If the second house amends the bill, it must return to the originating house for concurrence on those amendments. If concurrence is not achieved, a conference committee may be formed to reconcile differences. The final version of the bill, if approved by both houses, is then sent to the Governor for signature or veto. The question pertains to the stage after a bill has been passed by one house and is awaiting action in the other, specifically focusing on the procedural step that formally transmits the bill. This transmission is a crucial administrative step to ensure the bill is officially presented to the second legislative chamber for its consideration.
Incorrect
In Ohio, when a bill is introduced in the General Assembly, it undergoes a series of readings and committee reviews. The process is designed to allow for thorough examination, debate, and amendment. After introduction, a bill is typically referred to an appropriate standing committee in the house of origin. Within the committee, the bill may be discussed, amended, and voted upon. If it passes the committee, it is reported to the floor of the house for further consideration. The bill then receives its first and second readings, where it is debated and may be further amended. Following the second reading, the bill is engrossed, meaning any amendments are incorporated into the original text. The bill is then placed on the calendar for a final vote in the house of origin. If it passes, it is then sent to the other house, where it goes through a similar process of committee review, readings, and votes. If the second house amends the bill, it must return to the originating house for concurrence on those amendments. If concurrence is not achieved, a conference committee may be formed to reconcile differences. The final version of the bill, if approved by both houses, is then sent to the Governor for signature or veto. The question pertains to the stage after a bill has been passed by one house and is awaiting action in the other, specifically focusing on the procedural step that formally transmits the bill. This transmission is a crucial administrative step to ensure the bill is officially presented to the second legislative chamber for its consideration.
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                        Question 22 of 30
22. Question
Consider a legislative proposal in Ohio intended to enhance local control over zoning regulations in areas adjacent to state-maintained highways. The proposed bill aims to allow townships to enact stricter setback requirements for commercial developments than currently permitted by the Ohio Revised Code, which sets a statewide minimum setback. The drafter must ensure this provision is legally sound. Which of the following approaches best navigates the potential conflict between local zoning authority and statewide highway regulations, considering Ohio’s home rule provisions and the principle of state preemption?
Correct
In Ohio, the legislative drafting process involves ensuring that proposed bills conform to constitutional requirements and existing statutory law. When drafting a bill that amends existing law, particularly concerning local government powers or public safety regulations, a drafter must consider the principle of supersession. Ohio’s Constitution, specifically Article XVIII, Section 13, grants municipalities broad home rule powers, allowing them to exercise powers of local self-government and adopt and enforce regulations concerning public health, safety, and welfare, unless in conflict with general laws. However, this home rule authority is not absolute and is subject to limitations imposed by general laws of statewide application. A key aspect of drafting is to avoid creating conflicts that would render a local ordinance invalid under the supremacy of state law. When a municipal ordinance directly conflicts with a state statute on a matter of statewide concern, the state statute prevails. Therefore, a bill seeking to grant a municipality more stringent powers than currently allowed by general law, or to create an exception to a statewide regulatory scheme, must be carefully drafted to either harmonize with existing state law, be framed as an exercise of a specifically enumerated home rule power not preempted by the state, or be predicated on a legislative finding that the matter is of purely local concern. The drafter must analyze whether the proposed amendment encroaches upon an area preempted by the state, thereby invalidating the local provision. The Ohio Revised Code, for instance, contains numerous chapters that establish statewide standards for areas like environmental protection, traffic regulation, and criminal justice, which are generally not subject to local override. The drafter’s role is to anticipate these conflicts and ensure the bill’s language does not inadvertently create a constitutional challenge based on the preemption doctrine.
Incorrect
In Ohio, the legislative drafting process involves ensuring that proposed bills conform to constitutional requirements and existing statutory law. When drafting a bill that amends existing law, particularly concerning local government powers or public safety regulations, a drafter must consider the principle of supersession. Ohio’s Constitution, specifically Article XVIII, Section 13, grants municipalities broad home rule powers, allowing them to exercise powers of local self-government and adopt and enforce regulations concerning public health, safety, and welfare, unless in conflict with general laws. However, this home rule authority is not absolute and is subject to limitations imposed by general laws of statewide application. A key aspect of drafting is to avoid creating conflicts that would render a local ordinance invalid under the supremacy of state law. When a municipal ordinance directly conflicts with a state statute on a matter of statewide concern, the state statute prevails. Therefore, a bill seeking to grant a municipality more stringent powers than currently allowed by general law, or to create an exception to a statewide regulatory scheme, must be carefully drafted to either harmonize with existing state law, be framed as an exercise of a specifically enumerated home rule power not preempted by the state, or be predicated on a legislative finding that the matter is of purely local concern. The drafter must analyze whether the proposed amendment encroaches upon an area preempted by the state, thereby invalidating the local provision. The Ohio Revised Code, for instance, contains numerous chapters that establish statewide standards for areas like environmental protection, traffic regulation, and criminal justice, which are generally not subject to local override. The drafter’s role is to anticipate these conflicts and ensure the bill’s language does not inadvertently create a constitutional challenge based on the preemption doctrine.
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                        Question 23 of 30
23. Question
A legislative aide in Ohio is tasked with preparing a draft amendment to an existing statute within the Ohio Revised Code concerning municipal zoning ordinances. The aide intends to repeal a specific subsection of ORC Section 303.11 and replace it with new language. However, in drafting the amendment, the aide mistakenly refers to “ORC Section 303.11(D)” as the subsection to be repealed, when in fact, the subsection intended for repeal is clearly designated as “ORC Section 303.11(E)”. The new language is otherwise correctly drafted to replace the intended subsection. Considering the procedural requirements for legislative drafting in Ohio, what is the most significant legal deficiency in this drafted amendment?
Correct
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process in Ohio. Specifically, ORC 101.34 addresses the legislative service commission and its role in bill drafting. When a bill is introduced, it must adhere to specific structural and stylistic requirements to be considered for passage. These requirements are not merely aesthetic but are crucial for clarity, consistency, and legal enforceability. The ORC mandates that all bills must be presented in a format that facilitates public understanding and proper legislative review. This includes the consistent use of section numbering, the clear identification of amendments to existing law, and the precise language to avoid ambiguity. The legislative service commission is responsible for ensuring that all proposed legislation conforms to these standards, thereby upholding the integrity of the legislative process in Ohio. A bill that fails to meet these foundational drafting requirements, such as improperly referencing existing statutes or lacking clear amendatory language, would be considered defective and would likely be rejected or require substantial revision before it could proceed. Therefore, understanding and applying the structural and stylistic mandates of the ORC is a fundamental skill for any legislative drafter in Ohio.
Incorrect
The Ohio Revised Code (ORC) Chapter 101 governs the legislative process in Ohio. Specifically, ORC 101.34 addresses the legislative service commission and its role in bill drafting. When a bill is introduced, it must adhere to specific structural and stylistic requirements to be considered for passage. These requirements are not merely aesthetic but are crucial for clarity, consistency, and legal enforceability. The ORC mandates that all bills must be presented in a format that facilitates public understanding and proper legislative review. This includes the consistent use of section numbering, the clear identification of amendments to existing law, and the precise language to avoid ambiguity. The legislative service commission is responsible for ensuring that all proposed legislation conforms to these standards, thereby upholding the integrity of the legislative process in Ohio. A bill that fails to meet these foundational drafting requirements, such as improperly referencing existing statutes or lacking clear amendatory language, would be considered defective and would likely be rejected or require substantial revision before it could proceed. Therefore, understanding and applying the structural and stylistic mandates of the ORC is a fundamental skill for any legislative drafter in Ohio.
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                        Question 24 of 30
24. Question
A legislative analyst is tasked with drafting a bill to regulate interstate commerce in agricultural products originating from Ohio, aiming to streamline market access for Ohio farmers. During the research phase, it becomes apparent that a recently enacted federal statute under the Commerce Clause of the U.S. Constitution directly addresses and preempts state-level regulations concerning the same agricultural product standards. The analyst must then determine the most appropriate legislative drafting strategy to ensure the proposed Ohio bill is legally sound and effective within this federal regulatory landscape.
Correct
The Ohio Revised Code (ORC) governs the legislative process in Ohio. When drafting legislation, understanding the hierarchy of legal sources and how they interact is crucial. The ORC itself is a compilation of statutes enacted by the Ohio General Assembly. These statutes are organized by subject matter. When drafting a new bill or amending an existing one, a legislative drafter must consider whether the proposed changes conflict with existing state law, federal law, or constitutional provisions. Article VI of the U.S. Constitution establishes the Supremacy Clause, which dictates that the Constitution and federal laws are the supreme law of the land. Therefore, any Ohio statute that conflicts with federal law or the U.S. Constitution is preempted and invalid. Similarly, the Ohio Constitution sets forth the fundamental principles and structure of Ohio’s government and can invalidate state statutes that violate its provisions. When a legislative drafter identifies a potential conflict, they must either ensure the proposed legislation does not create a conflict or, if amending existing law, draft the changes to harmonize with higher legal authorities. The process involves meticulous research into existing statutes, administrative rules promulgated by state agencies, federal statutes, and constitutional law. The drafter’s role is to ensure the clarity, consistency, and constitutionality of the proposed legislation within the existing legal framework of Ohio and the United States.
Incorrect
The Ohio Revised Code (ORC) governs the legislative process in Ohio. When drafting legislation, understanding the hierarchy of legal sources and how they interact is crucial. The ORC itself is a compilation of statutes enacted by the Ohio General Assembly. These statutes are organized by subject matter. When drafting a new bill or amending an existing one, a legislative drafter must consider whether the proposed changes conflict with existing state law, federal law, or constitutional provisions. Article VI of the U.S. Constitution establishes the Supremacy Clause, which dictates that the Constitution and federal laws are the supreme law of the land. Therefore, any Ohio statute that conflicts with federal law or the U.S. Constitution is preempted and invalid. Similarly, the Ohio Constitution sets forth the fundamental principles and structure of Ohio’s government and can invalidate state statutes that violate its provisions. When a legislative drafter identifies a potential conflict, they must either ensure the proposed legislation does not create a conflict or, if amending existing law, draft the changes to harmonize with higher legal authorities. The process involves meticulous research into existing statutes, administrative rules promulgated by state agencies, federal statutes, and constitutional law. The drafter’s role is to ensure the clarity, consistency, and constitutionality of the proposed legislation within the existing legal framework of Ohio and the United States.
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                        Question 25 of 30
25. Question
Consider a scenario where a bill concerning agricultural zoning regulations in Ohio is introduced in the Ohio House of Representatives. During its passage through the House Agriculture and Rural Development Committee, Representative Anya Sharma proposes an amendment that would allocate funds for a statewide public awareness campaign about the benefits of composting, unrelated to the core zoning provisions of the original bill. The committee chair, citing concerns about the amendment’s relevance to the bill’s subject matter, consults with the legislative service commission staff. What is the primary legal principle governing the committee chair’s decision regarding Representative Sharma’s proposed amendment under Ohio legislative procedure?
Correct
The Ohio Revised Code (ORC) Chapter 101, specifically ORC 101.34, outlines the process for the legislative service commission’s role in bill drafting and research. When a bill is introduced, it is assigned to a committee. During the committee process, amendments can be proposed. These amendments must adhere to specific rules regarding germaneness, meaning they must be relevant to the subject matter of the bill. The legislative service commission staff, including bill drafters, are responsible for ensuring that proposed amendments are properly formatted and legally sound, and that they do not introduce extraneous or unrelated provisions. If an amendment is deemed not germane, it can be ruled out of order by the presiding officer of the committee. The ORC does not provide a specific numerical threshold for the number of amendments a bill can receive, but rather focuses on the quality and relevance of each proposed change to the original legislative intent of the bill. Therefore, the number of amendments is not a deterministic factor in the bill’s progression, but rather the committee’s decision on whether to adopt them and the presiding officer’s rulings on germaneness.
Incorrect
The Ohio Revised Code (ORC) Chapter 101, specifically ORC 101.34, outlines the process for the legislative service commission’s role in bill drafting and research. When a bill is introduced, it is assigned to a committee. During the committee process, amendments can be proposed. These amendments must adhere to specific rules regarding germaneness, meaning they must be relevant to the subject matter of the bill. The legislative service commission staff, including bill drafters, are responsible for ensuring that proposed amendments are properly formatted and legally sound, and that they do not introduce extraneous or unrelated provisions. If an amendment is deemed not germane, it can be ruled out of order by the presiding officer of the committee. The ORC does not provide a specific numerical threshold for the number of amendments a bill can receive, but rather focuses on the quality and relevance of each proposed change to the original legislative intent of the bill. Therefore, the number of amendments is not a deterministic factor in the bill’s progression, but rather the committee’s decision on whether to adopt them and the presiding officer’s rulings on germaneness.
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                        Question 26 of 30
26. Question
Following the passage of House Bill 123 by the Ohio General Assembly, the enrolled copy has been transmitted to the Governor’s office. The Governor’s staff identifies a minor grammatical error and a potential clarification that, in their view, would enhance the bill’s enforceability without altering its fundamental policy objectives. What is the legally prescribed procedure for addressing these proposed changes to the enrolled bill within the Ohio legislative framework?
Correct
The core principle guiding the amendment of an enrolled bill in Ohio, after it has passed both houses of the General Assembly and is presented to the Governor, is the prohibition against substantive changes. Once a bill is enrolled, it represents the final, agreed-upon text passed by the legislature. Any alteration to this text would necessitate a re-passage by both the House and the Senate to ensure legislative intent and due process are maintained. The Governor’s options are typically to sign the bill into law, veto it, or allow it to become law without a signature. If the Governor proposes amendments, the bill must be returned to the originating chamber with the proposed changes. The General Assembly then has the opportunity to accept or reject these amendments. If amendments are accepted, the bill must again be passed by both houses in its amended form. Therefore, a legislative drafting office would advise that the enrolled bill cannot be directly modified by the Governor’s staff without legislative action. The process for incorporating the Governor’s suggestions involves returning the bill to the legislature for reconsideration, not direct amendment of the enrolled copy by the executive branch.
Incorrect
The core principle guiding the amendment of an enrolled bill in Ohio, after it has passed both houses of the General Assembly and is presented to the Governor, is the prohibition against substantive changes. Once a bill is enrolled, it represents the final, agreed-upon text passed by the legislature. Any alteration to this text would necessitate a re-passage by both the House and the Senate to ensure legislative intent and due process are maintained. The Governor’s options are typically to sign the bill into law, veto it, or allow it to become law without a signature. If the Governor proposes amendments, the bill must be returned to the originating chamber with the proposed changes. The General Assembly then has the opportunity to accept or reject these amendments. If amendments are accepted, the bill must again be passed by both houses in its amended form. Therefore, a legislative drafting office would advise that the enrolled bill cannot be directly modified by the Governor’s staff without legislative action. The process for incorporating the Governor’s suggestions involves returning the bill to the legislature for reconsideration, not direct amendment of the enrolled copy by the executive branch.
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                        Question 27 of 30
27. Question
A legislative analyst in Ohio is tasked with drafting a bill that will amend a specific provision within the Ohio Revised Code concerning county land acquisition procedures. The analyst has identified that ORC Section 307.02 requires modification to permit counties to utilize a new method of appraisal for certain types of property. According to established legislative drafting conventions in Ohio, which of the following best describes the correct procedural and textual approach for presenting this amendment within the draft bill itself, prior to its formal introduction and passage?
Correct
The Ohio Revised Code (ORC) Chapter 101, specifically ORC 101.51, governs the legislative service commission and its duties, including the preparation and indexing of bills. When drafting legislation, a legislative service agency must ensure that proposed amendments to existing Ohio statutes are accurately reflected and properly integrated. This involves understanding the structure of the ORC and the conventions for amending sections. For instance, if a bill proposes to alter the wording of ORC Section 307.02, the drafting process would involve creating a new version of that section that clearly indicates the changes. The ORC does not mandate a specific numerical calculation for determining the “correctness” of a legislative amendment, but rather a procedural and textual accuracy. The core principle is to present the amended section in a way that is unambiguous and reflects the legislative intent, often by using strike-throughs for deleted text and underlining for added text within the drafted bill text itself, though the final codified version will simply present the updated text. The question tests the understanding of how amendments are handled in the drafting process according to Ohio legislative practice, not a mathematical formula. The correct approach is to ensure the proposed amendment is presented in a manner that facilitates clear understanding of the changes to the existing statute, as per the established drafting conventions within the Ohio legislative service commission.
Incorrect
The Ohio Revised Code (ORC) Chapter 101, specifically ORC 101.51, governs the legislative service commission and its duties, including the preparation and indexing of bills. When drafting legislation, a legislative service agency must ensure that proposed amendments to existing Ohio statutes are accurately reflected and properly integrated. This involves understanding the structure of the ORC and the conventions for amending sections. For instance, if a bill proposes to alter the wording of ORC Section 307.02, the drafting process would involve creating a new version of that section that clearly indicates the changes. The ORC does not mandate a specific numerical calculation for determining the “correctness” of a legislative amendment, but rather a procedural and textual accuracy. The core principle is to present the amended section in a way that is unambiguous and reflects the legislative intent, often by using strike-throughs for deleted text and underlining for added text within the drafted bill text itself, though the final codified version will simply present the updated text. The question tests the understanding of how amendments are handled in the drafting process according to Ohio legislative practice, not a mathematical formula. The correct approach is to ensure the proposed amendment is presented in a manner that facilitates clear understanding of the changes to the existing statute, as per the established drafting conventions within the Ohio legislative service commission.
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                        Question 28 of 30
28. Question
Consider the introduction of a new bill in the Ohio House of Representatives concerning environmental regulations for agricultural runoff. Following its introduction, the bill is sent to a committee for review. What is the primary, statutorily defined role of the Legislative Service Commission (LSC) in relation to this proposed legislation at this stage of the process, assuming the bill has already been assigned a bill number?
Correct
The Ohio Revised Code (ORC) Chapter 101, specifically sections like ORC 101.34 and ORC 101.35, governs the legislative service commission and its role in bill drafting and research. When a bill is introduced in the Ohio General Assembly, it is referred to the Legislative Service Commission (LSC) for review and preparation of the official text. The LSC is responsible for ensuring that proposed legislation conforms to the Constitution of Ohio and the United States, is properly codified within the existing Ohio Revised Code, and is drafted in clear, unambiguous language. This process involves analyzing the substantive content of the bill, identifying potential conflicts with existing statutes, and recommending amendments to achieve legislative intent while maintaining statutory integrity. The LSC also provides fiscal notes and impact analyses. The question tests the understanding of the LSC’s primary role in the legislative process, which is the technical and legal preparation of bills, rather than their substantive policy debate or enactment. The other options represent aspects of the legislative process that occur before or after the LSC’s direct drafting involvement, or roles played by other legislative bodies or individuals.
Incorrect
The Ohio Revised Code (ORC) Chapter 101, specifically sections like ORC 101.34 and ORC 101.35, governs the legislative service commission and its role in bill drafting and research. When a bill is introduced in the Ohio General Assembly, it is referred to the Legislative Service Commission (LSC) for review and preparation of the official text. The LSC is responsible for ensuring that proposed legislation conforms to the Constitution of Ohio and the United States, is properly codified within the existing Ohio Revised Code, and is drafted in clear, unambiguous language. This process involves analyzing the substantive content of the bill, identifying potential conflicts with existing statutes, and recommending amendments to achieve legislative intent while maintaining statutory integrity. The LSC also provides fiscal notes and impact analyses. The question tests the understanding of the LSC’s primary role in the legislative process, which is the technical and legal preparation of bills, rather than their substantive policy debate or enactment. The other options represent aspects of the legislative process that occur before or after the LSC’s direct drafting involvement, or roles played by other legislative bodies or individuals.
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                        Question 29 of 30
29. Question
A state agency in Ohio is tasked with implementing a new environmental protection program authorized by a recently enacted statute. The statute grants the agency broad authority to “promulgate rules necessary to achieve the objectives of this act.” The agency’s legal counsel proposes drafting an administrative rule that significantly expands the definition of “hazardous waste” beyond the explicit examples provided in the statute, citing the need for comprehensive environmental stewardship. As a legislative drafter, what is the primary legal consideration when advising the agency on the scope of this proposed rule, particularly in relation to the Ohio Revised Code and the agency’s statutory authority?
Correct
When drafting legislation in Ohio, understanding the interplay between statutory language and administrative rules is paramount. Ohio Revised Code (ORC) Section 119.03 outlines the process for the adoption, amendment, or rescission of rules by state agencies. This section mandates specific procedures, including public notice, a hearing, and filing with the legislative service commission and the secretary of state. The legislative service commission, through its joint committee on agency rule review (JCARR), plays a crucial oversight role. JCARR can review proposed rules for compliance with legislative intent and statutory authority. If JCARR finds a rule to be inconsistent with the intent of the General Assembly or the statutes under which it was adopted, it can recommend its disapproval. The General Assembly then has an opportunity to act on this recommendation. Therefore, a legislative drafter must ensure that any proposed rule is not only procedurally sound under ORC Chapter 119 but also substantively aligned with the underlying legislative framework, anticipating potential challenges from JCARR or legislative bodies based on the clarity and scope of the enacted statute. The drafter’s role is to create language that is unambiguous and directly supported by the statutory authority granted to the agency.
Incorrect
When drafting legislation in Ohio, understanding the interplay between statutory language and administrative rules is paramount. Ohio Revised Code (ORC) Section 119.03 outlines the process for the adoption, amendment, or rescission of rules by state agencies. This section mandates specific procedures, including public notice, a hearing, and filing with the legislative service commission and the secretary of state. The legislative service commission, through its joint committee on agency rule review (JCARR), plays a crucial oversight role. JCARR can review proposed rules for compliance with legislative intent and statutory authority. If JCARR finds a rule to be inconsistent with the intent of the General Assembly or the statutes under which it was adopted, it can recommend its disapproval. The General Assembly then has an opportunity to act on this recommendation. Therefore, a legislative drafter must ensure that any proposed rule is not only procedurally sound under ORC Chapter 119 but also substantively aligned with the underlying legislative framework, anticipating potential challenges from JCARR or legislative bodies based on the clarity and scope of the enacted statute. The drafter’s role is to create language that is unambiguous and directly supported by the statutory authority granted to the agency.
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                        Question 30 of 30
30. Question
During the review of a proposed bill intended to amend Ohio’s environmental protection statutes, the Director of the Legislative Service Commission identifies a section that appears to create an internal inconsistency with an existing, unrelated provision within the same chapter of the Ohio Revised Code concerning hazardous waste disposal. The director also notes that the proposed amendment uses language that could be interpreted in multiple ways, potentially leading to ambiguity in enforcement. Based on the statutory responsibilities of the Director of the Legislative Service Commission as defined in Ohio law, what is the most appropriate course of action?
Correct
The Ohio Revised Code (ORC) Section 101.34 outlines the procedures for the legislative service commission to prepare bills. Specifically, it details the responsibilities of the director of the legislative service commission in reviewing and approving proposed legislation. The director must ensure that bills conform to the rules of the house and senate, are properly drafted, and do not contain conflicting provisions or violate the Ohio Constitution. Furthermore, ORC 101.34 mandates that the director must review proposed legislation for clarity, conciseness, and legal sufficiency. When a bill is submitted for review, the director is tasked with identifying any potential constitutional issues, statutory conflicts, or drafting errors. If the director finds that a bill does not conform to these standards, they must notify the requesting member of the General Assembly and provide specific reasons for the disapproval. The director may also suggest amendments to correct the deficiencies. The process emphasizes the importance of accurate and constitutionally sound legislative drafting, a core responsibility of the legislative service commission. The director’s role is to act as a gatekeeper, ensuring that only well-drafted and legally viable legislation is introduced. This proactive review process aims to prevent the introduction of flawed bills that could lead to legal challenges or administrative difficulties.
Incorrect
The Ohio Revised Code (ORC) Section 101.34 outlines the procedures for the legislative service commission to prepare bills. Specifically, it details the responsibilities of the director of the legislative service commission in reviewing and approving proposed legislation. The director must ensure that bills conform to the rules of the house and senate, are properly drafted, and do not contain conflicting provisions or violate the Ohio Constitution. Furthermore, ORC 101.34 mandates that the director must review proposed legislation for clarity, conciseness, and legal sufficiency. When a bill is submitted for review, the director is tasked with identifying any potential constitutional issues, statutory conflicts, or drafting errors. If the director finds that a bill does not conform to these standards, they must notify the requesting member of the General Assembly and provide specific reasons for the disapproval. The director may also suggest amendments to correct the deficiencies. The process emphasizes the importance of accurate and constitutionally sound legislative drafting, a core responsibility of the legislative service commission. The director’s role is to act as a gatekeeper, ensuring that only well-drafted and legally viable legislation is introduced. This proactive review process aims to prevent the introduction of flawed bills that could lead to legal challenges or administrative difficulties.