Fiscal Note & Local Impact Statement

123 ^rd General Assembly of Ohio

Ohio Legislative Budget Office: a nonpartisan agency providing fiscal research for the Ohio General Assembly

77 South High Street, 8^th Floor, Columbus, OH 43266-0347 ² Phone: (614) 466-8734

E-mail: BudgetOffice@LBO.STATE.OH.US ² Internet Web Site:http://www.lbo.state.oh.us/

BILL:	H.B. 711		DATE:	May 19, 2000
STATUS:	As Introduced		SPONSOR:	Rep. Brading
LOCAL IMPACT STATEMENT REQUIRED:		No —	No local cost

CONTENTS:

Enacts as a separate act the sections of law adding eight Governor-appointed members to the State Board of Education

State Fiscal Highlights

STATE FUND	FY 2001	FY 2002			FUTURE YEARS
General Revenue Fund
Revenues	- 0 -		- 0 -	- 0 -
Expenditures	Potential $10,000 savings		- 0 -	- 0 -

Note: The state fiscal year is July 1 through June 30. For example, FY 2001 is July 1, 2000 – June 30, 2001.

· A potential savings of approximately $10,000 would result from the state avoiding a potentially lengthy court battle involving both the 10^th Court of Appeals and the Ohio State Supreme Court.

Local Fiscal Highlights

LOCAL GOVERNMENT		FY 2000		FY 2001		FUTURE YEARS
Franklin County Court of Common Pleas
Revenues	- 0 -		- 0 -		- 0 -
Expenditures	- 0 -		Potential savings		- 0 -

Note: For most local governments, the fiscal year is the calendar year. The school district fiscal year is July 1 through June 30.

· This bill would nullify a pending complaint against the state in the Franklin County Court of Common Pleas. The complaint is currently waiting summary judgment. Potential savings would come from costs associated with time spent reviewing this case.

Detailed Fiscal Analysis

Language was added in Am. Sub. H.B. 117 of the 121^st General Assembly, which was the biennial budget bill, to expand the State Board of Education to include eight members appointed by the Governor in addition to the eleven elected members. This bill enacts these sections of law as a separate act.

Currently there is a complaint pending in Franklin County Court of Common Pleas challenging the constitutionality of this provision of the budget bill based on the single subject provision of the Ohio Constitution. Currently, the state has filed a motion for summary judgment. A decision is expected in this case within the next eight months. An official with the Attorney General’s office has stated that if the judge finds in favor of the plaintiff, the state would most likely appeal this decision to the 10^th District Court of Appeals. If the state loses again, the decision would probably be appealed, this time to the Ohio State Supreme Court.

This bill will nullify the pending complaint against the state and eliminate the costs associated with appealing related decisions if the courts were to find against the state. Based on similar cases, the Attorney General’s office estimates that the appeal process could cost the state approximately $10,000 in attorney time, research, and documentation. The Franklin County Court of Common Pleas (and potentially the 10^th District Court of Appeals and the Ohio Supreme Court) could also see a savings from costs associated with time spent reviewing this case.

q LBO staff: Susan Ackerman Murray, Budget/Policy Analyst

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