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Committee disapproves specific Long Range Capital Planning Commission rule after LOFT flags procedural and analysis errors
Summary
After a LOFT review found the agency's rule impact statement incomplete and process errors, the committee voted 11–1 to adopt an amendment disapproving OAC 4 28 11-3-7; members had debated whether to reject the full packet or disapprove specific rules.
A House committee moved to disapprove a specific permanent rule from the Long Range Capital Planning Commission after a LOFT review found the agency's rule impact statement incomplete and identified procedural errors.
Representative Kendricks introduced the item and summarized the LOFT findings, saying law determined the agency's rule impact statement was incomplete, the agency did not follow correct process, and the economic analysis was insufficient for legislative review. As read into the record, the LOFT report described an impact "somewhere between, roughly 1000000 dollars and 1000000 0.4," a passage in the transcript that is garbled and requires verification.
During questioning, members debated whether the committee's only options were to pass the packet as submitted or to "do not pass" the entire packet. Representative Worthen moved a "do not pass" motion, later withdrew it and then proposed laying the item over. Representative McCain asked for clarification about the scope of approval, noting that the resolution addressed one packet of rules.
After discussion and an initial recorded vote on the packet that did not pass, Chairman Kendricks offered an amendment (read by the clerk) inserting the sentence: "the legislature hereby disapproves the proposed permanent rule changes to OAC 4 28 11-3-7 submitted by the Long Range Capital Planning Commission on or before 02/01/2026." Representative Ursula McCain explained she opposed the rule because, she said, it would allow the commission to ignore its own rules and operate outside legislative oversight: "I disapproved that rule because that rule essentially gave the commission the ability to ignore its own rules if it was in the best interest of the state."
The committee accepted the amendment for consideration and voted 11–1 to adopt the amendment; the clerk then declared the bill as amended to have passed. The transcript records the final vote on the amendment and the bill as amended as 11 aye, 1 nay.
The committee returned to other business and adjourned after scheduling further meetings if needed and preparing some items for the House floor.
