As Passed by the Senate 1 122nd General Assembly 4 Regular Session Sub. H. B. No. 25 5 1997-1998 6 REPRESENTATIVES LUCAS-HOOD-TERWILLEGER-PRINGLE-HOUSEHOLDER- 8 MILLER-JAMES-LEWIS-GERBERRY-GARCIA-VESPER-MOTTL-SAWYER- 9 WHALEN-OGG-THOMAS-HARRIS-SENATORS DRAKE-HAGAN- 10 GARDNER-DIX 11 13 A B I L L To amend sections 2151.02 and 3709.09 and to enact 14 sections 3730.01 to 3730.11 and 3730.99 of the 15 Revised Code to regulate businesses that offer tattooing or body piercing services. 16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18 Section 1. That sections 2151.02 and 3709.09 be amended 20 and sections 3730.01, 3730.02, 3730.03, 3730.04, 3730.05, 21 3730.06, 3730.07, 3730.08, 3730.09, 3730.10, 3730.11, and 3730.99 22 of the Revised Code be enacted to read as follows: 23 Sec. 2151.02. As used in this chapter, "delinquent child" 32 includes any of the following: 33 (A) Any child who violates any law of this state or the 35 United States, or any ordinance or regulation of a political 36 subdivision of the state, that would be a crime if committed by 37 an adult, except as provided in section 2151.021 of the Revised 38 Code; (B) Any child who violates any lawful order of the court 40 made under this chapter; 41 (C) Any child who violates division (A) of section 43 2923.211 of the Revised Code; 44 (D) ANY CHILD WHO VIOLATES DIVISION (A)(1) OR (2) OF 46 SECTION 3730.07 OF THE REVISED CODE. 47 Sec. 3709.09. (A) The board of health of a city or 56 2 general health district may, by rule, establish a uniform system 57 of fees to pay the costs of any services provided by the board. 58 Fees for services provided by the board for purposes specified in 59 sections 3701.344, 3711.05, 3730.03, 3732.04, 3733.04, 3733.25, 60 and 3749.04 of the Revised Code shall be established in 61 accordance with rules adopted under division (B) of this section. 62 The district advisory council, in the case of a general health 63 district, and the legislative authority of the city, in the case 64 of a city health district, may disapprove any fee established by 65 the board of health under this division, and any such fee, as 66 disapproved, shall not be charged by the board of health. 67 (B)(1)Not later than December 31, 1990, theTHE public 69 health council shall adopt rules under section 111.15 of the 70 Revised Code that establish fee categories and uniform 71 methodologies for use in calculating the costs of services 72 provided for purposes specified in sections 3701.344, 3711.05, 73 3730.03, 3732.04, 3733.04, 3733.25, and 3749.04 of the Revised 74 Code. In adopting the rules, the public health council shall 75 consider recommendations it receives from advisory boards 76 established either by statute or the director of health for 77 entities subject to the fees. (2) As used in this division, "licensor" and "vending 79 machine location" have the same meanings as in section 3732.01 of 80 the Revised Code. 81 The public health council shall, under its rules, prohibit 83 licensors from increasing fees under section 3732.04 of the 84 Revised Code for vending machine locations by a percentage of 85 increase over the previous year's fee that exceeds the percentage 86 of increase in the consumer price index for all urban consumers 87 (United States city average, all items), prepared by the United 88 States department of labor, bureau of labor statistics, for the 89 immediately preceding calendar year. 90 (C) At least thirty days prior to establishing a fee for a 92 service provided by the board for a purpose specified in section 93 3 3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the 94 Revised Code, a board of health shall notify any entity that 95 would be affected by the proposed fee of the amount of the 96 proposed fee. A board of health shall give notice in accordance 97 with section 3732.04 of the Revised Code of the hearing regarding 98 a proposed fee for a service provided for the purpose specified 99 in that section. 100 Sec. 3730.01. AS USED IN THIS CHAPTER: 102 (A) "BOARD OF HEALTH" MEANS THE BOARD OF HEALTH OF A CITY 105 OR GENERAL HEALTH DISTRICT OR THE AUTHORITY HAVING THE DUTIES OF 106 A BOARD OF HEALTH UNDER SECTION 3709.05 OF THE REVISED CODE. 108 (B) "BODY PIERCING" INCLUDES EAR PIERCING EXCEPT WHEN THE 111 EAR PIERCING PROCEDURE IS PERFORMED WITH AN EAR PIERCING GUN. 112 (C) "BUSINESS" MEANS ANY ENTITY THAT PROVIDES SERVICES FOR 115 COMPENSATION. (D) "CUSTODIAN" HAS THE SAME MEANING AS IN SECTION 118 2151.011 OF THE REVISED CODE. 119 (E) "EAR PIERCING GUN" MEANS A MECHANICAL DEVICE THAT 122 PIERCES THE EAR BY FORCING A DISPOSABLE SINGLE-USE STUD OR SOLID 123 NEEDLE THROUGH THE EAR. (F) "GUARDIAN" HAS THE SAME MEANING AS IN SECTION 2111.01 126 OF THE REVISED CODE. 127 Sec. 3730.02. NO PERSON SHALL DO ANY OF THE FOLLOWING: 130 (A) OPERATE A BUSINESS THAT OFFERS TATTOOING OR BODY 133 PIERCING SERVICES UNLESS A BOARD OF HEALTH HAS APPROVED THE 134 BUSINESS UNDER SECTION 3730.03 OF THE REVISED CODE; 136 (B) PERFORM A TATTOOING OR BODY PIERCING PROCEDURE IN A 139 MANNER THAT DOES NOT MEET THE SAFETY AND SANITATION STANDARDS 140 ESTABLISHED BY THIS CHAPTER AND THE RULES ADOPTED UNDER SECTION 141 3730.10 OF THE REVISED CODE; (C) PERFORM A TATTOOING PROCEDURE, BODY PIERCING 144 PROCEDURE, OR EAR PIERCING PROCEDURE WITH AN EAR PIERCING GUN IN 145 A MANNER THAT DOES NOT MEET THE STANDARDS FOR APPROPRIATE 146 DISINFECTION AND STERILIZATION OF INVASIVE EQUIPMENT OR PARTS OF 4 EQUIPMENT USED IN PERFORMING THE PROCEDURES ESTABLISHED BY THIS 147 CHAPTER AND THE RULES ADOPTED UNDER SECTION 3730.10 OF THE 148 REVISED CODE. Sec. 3730.03. A PERSON SEEKING APPROVAL TO OPERATE A 151 BUSINESS THAT OFFERS TATTOOING OR BODY PIERCING SERVICES SHALL 152 APPLY TO THE BOARD OF HEALTH OF THE CITY OR GENERAL HEALTH 153 DISTRICT IN WHICH THE BUSINESS IS LOCATED ON FORMS THE BOARD 154 SHALL PRESCRIBE AND PROVIDE. THE APPLICANT SHALL SUBMIT ALL 155 INFORMATION THE BOARD OF HEALTH DETERMINES IS NECESSARY TO 156 PROCESS THE APPLICATION. THE APPLICANT SHALL INCLUDE THE FEE 157 ESTABLISHED UNDER SECTION 3709.09 OF THE REVISED CODE WITH THE 160 APPLICATION. BOARDS OF HEALTH SHALL DEPOSIT ALL FEES COLLECTED UNDER 162 THIS SECTION INTO THE HEALTH FUND OF THE DISTRICT THAT THE BOARD 163 SERVES. THE FEES SHALL BE USED SOLELY FOR THE PURPOSES OF 164 IMPLEMENTING AND ENFORCING THIS CHAPTER. 165 TO RECEIVE APPROVAL TO OFFER TATTOOING OR BODY PIERCING 167 SERVICES, A BUSINESS MUST DEMONSTRATE TO A BOARD OF HEALTH THE 168 ABILITY TO MEET THE REQUIREMENTS ESTABLISHED BY THIS CHAPTER AND 170 THE RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE FOR 171 SAFE PERFORMANCE OF THE TATTOOING OR BODY PIERCING PROCEDURES, 172 TRAINING OF THE INDIVIDUALS WHO PERFORM THE PROCEDURES, AND 173 MAINTENANCE OF RECORDS. A BOARD OF HEALTH THAT DETERMINES, FOLLOWING AN INSPECTION 175 CONDUCTED UNDER SECTION 3730.04 OF THE REVISED CODE, THAT A 178 BUSINESS MEETS THE REQUIREMENTS FOR APPROVAL SHALL APPROVE THE 179 BUSINESS. APPROVAL REMAINS VALID FOR ONE YEAR, UNLESS EARLIER 180 SUSPENDED OR REVOKED UNDER SECTION 3730.05 OF THE REVISED CODE. 183 A BUSINESS'S APPROVAL MAY BE RENEWED. APPROVAL IS NOT 184 TRANSFERABLE. Sec. 3730.04. A BOARD OF HEALTH SHALL CONDUCT AT LEAST ONE 187 INSPECTION OF A BUSINESS PRIOR TO APPROVING THE BUSINESS UNDER 188 SECTION 3730.03 OF THE REVISED CODE TO OFFER TATTOOING OR BODY 190 PIERCING SERVICES. THE BOARD MAY CONDUCT ADDITIONAL INSPECTIONS 191 5 AS NECESSARY FOR THE APPROVAL PROCESS. A BOARD OF HEALTH MAY 192 INSPECT AN APPROVED BUSINESS AT ANY TIME THE BOARD CONSIDERS 193 NECESSARY. IN AN INSPECTION, A BOARD OF HEALTH SHALL BE GIVEN 194 ACCESS TO THE BUSINESS'S PREMISES AND TO ALL RECORDS RELEVANT TO 195 THE INSPECTION. Sec. 3730.05. A BOARD OF HEALTH MAY SUSPEND OR REVOKE THE 197 APPROVAL OF A BUSINESS TO OFFER TATTOOING OR BODY PIERCING 198 SERVICES AT ANY TIME THE BOARD DETERMINES THAT THE BUSINESS IS 199 BEING OPERATED IN VIOLATION OF THIS CHAPTER OR THE RULES ADOPTED 200 UNDER SECTION 3730.10 OF THE REVISED CODE. PROCEEDINGS FOR 203 SUSPENSIONS AND REVOCATIONS SHALL BE CONDUCTED IN ACCORDANCE WITH 205 RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE. 207 Sec. 3730.06. (A) NO PERSON SHALL PERFORM A TATTOOING 209 PROCEDURE, BODY PIERCING PROCEDURE, OR EAR PIERCING PROCEDURE 211 WITH AN EAR PIERCING GUN ON AN INDIVIDUAL WHO IS UNDER EIGHTEEN 212 YEARS OF AGE UNLESS CONSENT HAS BEEN GIVEN BY THE INDIVIDUAL'S PARENT, GUARDIAN, OR CUSTODIAN IN ACCORDANCE WITH DIVISION (B) OF 213 THIS SECTION. 214 (B) A PARENT, GUARDIAN, OR CUSTODIAN OF AN INDIVIDUAL 217 UNDER AGE EIGHTEEN WHO DESIRES TO GIVE CONSENT TO A BUSINESS TO 218 PERFORM ON THE INDIVIDUAL UNDER AGE EIGHTEEN A TATTOOING 219 PROCEDURE, BODY PIERCING PROCEDURE, OR EAR PIERCING PROCEDURE 220 PERFORMED WITH AN EAR PIERCING GUN SHALL DO BOTH OF THE 221 FOLLOWING: (1) APPEAR IN PERSON AT THE BUSINESS AT THE TIME THE 224 PROCEDURE IS PERFORMED; (2) SIGN A DOCUMENT PROVIDED BY THE BUSINESS THAT EXPLAINS 227 THE MANNER IN WHICH THE PROCEDURE WILL BE PERFORMED AND METHODS 228 FOR PROPER CARE OF THE AFFECTED BODY AREA FOLLOWING PERFORMANCE 229 OF THE PROCEDURE. Sec. 3730.07. (A)(1) UNLESS CONSENT HAS BEEN GIVEN IN 231 ACCORDANCE WITH SECTION 3730.06 OF THE REVISED CODE, NO 233 INDIVIDUAL WHO IS UNDER AGE EIGHTEEN SHALL OBTAIN OR ATTEMPT TO 234 OBTAIN A TATTOOING SERVICE, BODY PIERCING SERVICE, OR EAR 235 6 PIERCING SERVICE PERFORMED WITH AN EAR PIERCING GUN. (2) NO INDIVIDUAL WHO IS UNDER AGE EIGHTEEN SHALL 237 KNOWINGLY SHOW OR GIVE FALSE INFORMATION CONCERNING THE 238 INDIVIDUAL'S NAME, AGE, OR OTHER IDENTIFICATION FOR THE PURPOSE 239 OF OBTAINING A TATTOOING SERVICE, BODY PIERCING SERVICE, OR EAR 240 PIERCING SERVICE PERFORMED WITH AN EAR PIERCING GUN. (B)(1) NO INDIVIDUAL SHALL KNOWINGLY SHOW OR GIVE ANY 243 FALSE INFORMATION AS TO THE NAME, AGE, OR OTHER IDENTIFICATION OF 244 AN INDIVIDUAL WHO IS UNDER AGE EIGHTEEN FOR THE PURPOSE OF OBTAINING FOR THE INDIVIDUAL UNDER AGE EIGHTEEN A TATTOOING 245 SERVICE, BODY PIERCING SERVICE, OR EAR PIERCING SERVICE PERFORMED 246 WITH AN EAR PIERCING GUN. (2) NO INDIVIDUAL SHALL IMPERSONATE THE PARENT, GUARDIAN, 248 OR CUSTODIAN OF AN INDIVIDUAL WHO IS UNDER AGE EIGHTEEN FOR THE 249 PURPOSE OF OBTAINING FOR THE INDIVIDUAL UNDER AGE EIGHTEEN A 250 TATTOOING SERVICE, BODY PIERCING SERVICE, OR EAR PIERCING SERVICE 251 PERFORMED WITH AN EAR PIERCING GUN. 252 Sec. 3730.08. (A) AN OPERATOR OR EMPLOYEE OF A BUSINESS 254 THAT PERFORMS TATTOOING SERVICES, BODY PIERCING SERVICES, OR EAR 255 PIERCING SERVICES PERFORMED WITH AN EAR PIERCING GUN MAY NOT BE 256 FOUND GUILTY OF A VIOLATION OF DIVISION (A) OF SECTION 3730.06 OF 257 THE REVISED CODE OR ANY RULE ADOPTED UNDER SECTION 3730.10 OF THE 259 REVISED CODE IN WHICH AGE IS AN ELEMENT OF THE PROVISIONS OF THE 260 RULE, IF THE BOARD OF HEALTH OR ANY COURT OF RECORD FINDS ALL OF 261 THE FOLLOWING: (1) THAT THE INDIVIDUAL OBTAINING A TATTOOING SERVICE, 263 BODY PIERCING SERVICE, OR EAR PIERCING SERVICE PERFORMED WITH AN 264 EAR PIERCING GUN, AT THE TIME OF SO DOING, EXHIBITED TO THE 265 OPERATOR OR EMPLOYEE OF THE TATTOOING, BODY PIERCING, OR EAR 267 PIERCING BUSINESS A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN 268 IDENTIFICATION CARD ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF 269 THE REVISED CODE SHOWING THAT THE INDIVIDUAL WAS THEN AT LEAST 271 AGE EIGHTEEN; (2) THAT THE OPERATOR OR EMPLOYEE MADE A BONA FIDE EFFORT 273 7 TO ASCERTAIN THE TRUE AGE OF THE INDIVIDUAL OBTAINING A 274 TATTOOING, BODY PIERCING, OR EAR PIERCING SERVICE BY CHECKING THE 276 IDENTIFICATION PRESENTED, AT THE TIME OF THE SERVICE, TO ASCERTAIN THAT THE DESCRIPTION ON THE IDENTIFICATION COMPARED 277 WITH THE APPEARANCE OF THE INDIVIDUAL AND THAT THE IDENTIFICATION 278 HAD NOT BEEN ALTERED IN ANY WAY; 279 (3) THAT THE OPERATOR OR EMPLOYEE HAD REASON TO BELIEVE 281 THAT THE INDIVIDUAL OBTAINING A TATTOOING, BODY PIERCING, OR EAR 282 PIERCING SERVICE WAS AT LEAST AGE EIGHTEEN. 283 (B) IN ANY HEARING BEFORE A BOARD OF HEALTH AND IN ANY 286 ACTION OR PROCEEDING BEFORE A COURT OF RECORD IN WHICH A DEFENSE 287 IS RAISED UNDER THIS SECTION, THE REGISTRAR OF MOTOR VEHICLES OR THE REGISTRAR'S DEPUTY WHO ISSUED A DRIVER'S OR COMMERCIAL 288 DRIVER'S LICENSE OR AN IDENTIFICATION CARD UNDER SECTIONS 4507.50 289 TO 4507.52 OF THE REVISED CODE SHALL BE PERMITTED TO SUBMIT 291 CERTIFIED COPIES OF THE RECORDS, IN THE REGISTRAR'S OR DEPUTY'S 292 POSSESSION, OF SUCH ISSUANCE IN LIEU OF THE TESTIMONY OF THE 293 PERSONNEL OF THE BUREAU OF MOTOR VEHICLES AT SUCH HEARING, 294 ACTION, OR PROCEEDING. Sec. 3730.09. (A) EACH OPERATOR OF A BUSINESS THAT OFFERS 297 TATTOOING OR BODY PIERCING SERVICES SHALL DO ALL OF THE FOLLOWING: 298 (1) MAINTAIN PROCEDURES FOR ENSURING THAT THE INDIVIDUALS 300 WHO PERFORM TATTOOING OR BODY PIERCING PROCEDURES ARE ADEQUATELY 301 TRAINED TO PERFORM THE PROCEDURES PROPERLY; 302 (2) WITH RESPECT TO TATTOOING SERVICES, MAINTAIN WRITTEN 304 RECORDS THAT INCLUDE THE COLOR, MANUFACTURER, AND LOT NUMBER OF 305 EACH PIGMENT USED FOR EACH TATTOO PERFORMED; 306 (3) COMPLY WITH THE SAFETY AND SANITATION REQUIREMENTS FOR 308 PREVENTING TRANSMISSION OF INFECTIOUS DISEASES, AS ESTABLISHED IN 309 RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED CODE; 310 (4) REQUIRE THE INDIVIDUALS WHO PERFORM TATTOOING AND BODY 312 PIERCING PROCEDURES TO DISINFECT AND STERILIZE ALL INVASIVE 313 EQUIPMENT OR PARTS OF EQUIPMENT USED IN PERFORMING THE PROCEDURES 314 8 BY USING METHODS THAT MEET THE DISINFECTION AND STERILIZATION 315 REQUIREMENTS ESTABLISHED IN RULES ADOPTED UNDER SECTION 3730.10 316 OF THE REVISED CODE; (5) ENSURE THAT WEEKLY TESTS OF THE BUSINESS'S HEAT 318 STERILIZATION DEVICES ARE PERFORMED TO DETERMINE WHETHER THE 320 DEVICES ARE FUNCTIONING PROPERLY. IN HAVING THE DEVICES TESTED, THE OPERATOR OF THE BUSINESS SHALL USE A BIOLOGICAL MONITORING 321 SYSTEM THAT INDICATES WHETHER THE DEVICES ARE KILLING 322 MICROORGANISMS. IF A TEST INDICATES THAT A DEVICE IS NOT 323 FUNCTIONING PROPERLY, THE OPERATOR SHALL TAKE IMMEDIATE REMEDIAL 324 ACTION TO ENSURE THAT HEAT STERILIZATION IS BEING ACCOMPLISHED. 325 THE OPERATOR SHALL MAINTAIN DOCUMENTATION THAT THE WEEKLY TESTS 326 ARE BEING PERFORMED. TO COMPLY WITH THE DOCUMENTATION 327 REQUIREMENT, THE DOCUMENTS MUST CONSIST OF A LOG THAT INDICATES 328 THE DATE ON WHICH EACH TEST IS PERFORMED AND THE NAME OF THE PERSON WHO PERFORMED THE TEST OR, IF A TEST WAS CONDUCTED BY AN 329 INDEPENDENT TESTING ENTITY, A COPY OF THE ENTITY'S TESTING 330 REPORT. THE OPERATOR SHALL MAINTAIN RECORDS OF EACH TEST 331 PERFORMED FOR AT LEAST TWO YEARS. (B) EACH OPERATOR OF A BUSINESS THAT OFFERS EAR PIERCING 334 SERVICES PERFORMED WITH AN EAR PIERCING GUN SHALL REQUIRE THE 335 INDIVIDUALS WHO PERFORM THE EAR PIERCING SERVICES TO DISINFECT AND STERILIZE THE EAR PIERCING GUN BY USING CHEMICAL SOLUTIONS 336 THAT MEET THE DISINFECTION AND STERILIZATION REQUIREMENTS 337 ESTABLISHED IN RULES ADOPTED UNDER SECTION 3730.10 OF THE REVISED 338 CODE. 339 Sec. 3730.10. (A) NOT LATER THAN NINETY DAYS AFTER THE 341 EFFECTIVE DATE OF THIS SECTION, THE PUBLIC HEALTH COUNCIL SHALL 342 ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE 346 AS NECESSARY FOR THE IMPLEMENTATION AND ENFORCEMENT OF THIS 347 CHAPTER. THE RULES SHALL INCLUDE ALL OF THE FOLLOWING: 348 (1) SAFETY AND SANITATION STANDARDS AND PROCEDURES TO BE 350 FOLLOWED TO PREVENT THE TRANSMISSION OF INFECTIOUS DISEASES 351 DURING THE PERFORMANCE OF TATTOOING AND BODY PIERCING PROCEDURES; 352 9 (2) STANDARDS AND PROCEDURES TO BE FOLLOWED FOR 355 APPROPRIATE DISINFECTION AND STERILIZATION OF ALL INVASIVE 356 EQUIPMENT OR PARTS OF EQUIPMENT USED IN TATTOOING PROCEDURES, 357 BODY PIERCING PROCEDURES, AND EAR PIERCING PROCEDURES PERFORMED 358 WITH AN EAR PIERCING GUN; (3) PROCEDURES FOR SUSPENDING AND REVOKING APPROVALS UNDER 361 SECTION 3730.05 OF THE REVISED CODE. (B) THE RULES ADOPTED UNDER DIVISION (A)(1) OF THIS 364 SECTION SHALL ESTABLISH UNIVERSAL BLOOD AND BODY FLUID PRECAUTIONS TO BE USED BY ANY INDIVIDUAL WHO PERFORMS TATTOOING 365 OR BODY PIERCING PROCEDURES. THE PRECAUTIONS SHALL INCLUDE ALL 366 OF THE FOLLOWING: (1) THE APPROPRIATE USE OF HAND WASHING; 368 (2) THE HANDLING AND DISPOSAL OF ALL NEEDLES AND OTHER 370 SHARP INSTRUMENTS USED IN TATTOOING OR BODY PIERCING PROCEDURES; 371 (3) THE WEARING AND DISPOSAL OF GLOVES AND OTHER 373 PROTECTIVE GARMENTS AND DEVICES. 374 (C) THE RULES ADOPTED UNDER DIVISION (A) OF THIS SECTION 377 MAY INCLUDE STANDARDS AND PROCEDURES TO BE FOLLOWED BY A BUSINESS THAT OFFERS TATTOOING OR BODY PIERCING SERVICES TO ENSURE THAT 378 THE INDIVIDUALS WHO PERFORM TATTOOING OR BODY PIERCING PROCEDURES 379 FOR THE BUSINESS ARE ADEQUATELY TRAINED TO PERFORM THE PROCEDURES 380 PROPERLY. Sec. 3730.11. NOTHING IN THIS CHAPTER SHALL BE INTERPRETED 383 AS PROHIBITING MUNICIPAL CORPORATIONS, OR TOWNSHIPS THAT HAVE 384 ADOPTED THE LIMITED SELF-GOVERNMENT FORM OF TOWNSHIP GOVERNMENT 385 UNDER CHAPTER 504. OF THE REVISED CODE, FROM ADOPTING ORDINANCES 386 OR RESOLUTIONS THAT PROHIBIT THE ESTABLISHMENT OF BUSINESSES THAT 388 OFFER TATTOOING OR BODY PIERCING SERVICES. Sec. 3730.99. (A) WHOEVER VIOLATES DIVISION (A), (B), OR 391 (C) OF SECTION 3730.02 OR DIVISION (A) OF SECTION 3730.06 OF THE 392 REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE. 393 (B) WHOEVER VIOLATES DIVISION (B)(1) OR (2) OF SECTION 396 3730.07 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE 397 10 FIRST DEGREE. 398 (C)(1) WHOEVER VIOLATES DIVISION (A)(1) OF SECTION 3730.07 401 OF THE REVISED CODE IS A DELINQUENT CHILD AND IS SUBJECT TO AN 403 ORDER OF DISPOSITION UNDER DIVISION (A)(8)(a) OF SECTION 2151.355 404 OF THE REVISED CODE, WHICH ORDER OF DISPOSITION SHALL REQUIRE THE 405 CHILD TO PAY A FINE AS DESCRIBED IN DIVISION (B) OF SECTION 406 2151.3512 OF THE REVISED CODE. (2) WHOEVER VIOLATES DIVISION (A)(2) OF SECTION 3730.07 OF 408 THE REVISED CODE IS A DELINQUENT CHILD AND IS SUBJECT TO AN ORDER 409 OF DISPOSITION UNDER DIVISION (A)(8)(a) OF SECTION 2151.355 OF 410 THE REVISED CODE, WHICH ORDER OF DISPOSITION SHALL REQUIRE THE 411 CHILD TO PAY A FINE AS DESCRIBED IN DIVISION (E) OF SECTION 412 2151.3512 OF THE REVISED CODE. Section 2. That existing sections 2151.02 and 3709.09 of 414 the Revised Code are hereby repealed. 415 Section 3. Sections 1 and 2 of this act, except for 417 section 3730.10 of the Revised Code as enacted by this act, shall 418 take effect ninety days after the effective date of this act. 420 Section 3730.10 of the Revised Code as enacted by this act shall 421 take effect at the earliest time permitted by law. 422