Senators Lang, Cutrona introduce bill requiring Ohio agencies to disclose ties to groups that draft model administrative rules

Columbus — Senators Lang and Cutrona introduced Senate Bill 268 in the 136th General Assembly, Regular Session, a measure that would require Ohio state agencies to disclose relationships with private organizations that draft model administrative rules and to follow new procedures before adopting rule language based on those models. The bill would add two sections to the Ohio Revised Code (106.10 and 111.151) and amend existing sections governing rulemaking and public notice. The measure requires agencies to report annually to the Ohio Ethics Commission information that includes funding received from a "regulatory-focused nongovernmental organization," travel and related expenses for agency staff attending events sponsored by such organizations, records of votes taken by committees of those organizations when an agency director or delegated rulemaking employee is a member, summaries of rules adopted by an agency based on model language from such organizations, the names of organizations of which agency leaders or delegated employees are members, and the titles of any committee appointments or leadership positions held by those officials. The bill directs the ethics commission to publish certain membership and position information on a publicly accessible website. Under the bill, agencies would not be permitted to adopt or amend rules under Ohio Revised Code section 111.15 using language based on model administrative rules drafted by a regulatory-focused nongovernmental organization unless the agency first provides specified public notice, holds a public hearing and convenes an advisory committee. The required notice must appear in the Register of Ohio and on the agency's website at least 60 days before filing and must include the name of the organization that drafted the model language, the full text of the proposed rule or amendment, a summary of its purpose and anticipated effect, any state-specific modifications to the model language, and the statutory authority the agency relies on to adopt the rule. The bill requires a public hearing no earlier than 30 days after the required notice and mandates that the agency convene an advisory committee to prepare a written report evaluating the rule's effect on stakeholders. The advisory committee must include at least one representative from each of these categories: an industry representative affected by the rule; a consumer advocacy group representative; an academic with relevant subject-matter expertise; and the owner of a small business, as defined in section 1109.35 of the Revised Code. The advisory committee's written report must be posted on the agency's website. S.B. 268 also declares that all communications between an agency and a regulatory-focused nongovernmental organization concerning adoption, amendment or rescission of a rule are public records under Ohio Revised Code section 149.43 and subject to public inspection. The bill preserves existing exemptions enumerated in the rule-adoption process, including emergency rules and rules that must be adopted verbatim to comply with federal law, among others described in the Revised Code. The measure defines "model administrative rule" as rule text drafted by members of a regulatory-focused nongovernmental organization to be disseminated and suggested for adoption in multiple states and defines "regulatory-focused nongovernmental organization" as any private organization that drafts such model administrative rules. The bill also retains and references multiple existing rulemaking timelines and procedures — including filing proposed rules with the Joint Committee on Agency Rule Review and time frames for effective dates and rule review dates — and sets a five-year maximum review date for certain rules. The proposal would require agencies to submit the disclosures to the Ohio Ethics Commission on an annual schedule set by that commission, and it directs the commission to maintain a public website containing certain membership and leadership information. S.B. 268 was introduced in the 136th General Assembly, Regular Session (2025-2026) and would need to be enacted by the legislature and signed by the governor before becoming law.