As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 362 5
1997-1998 6
REPRESENTATIVES THOMPSON-JOHNSON 8
10
A B I L L
To amend sections 4121.01, 4121.02, 4121.03, 12
4121.34, and 4121.35 of the Revised Code to 13
designate the Chairperson of the Industrial 14
Commission as the Chief Executive Officer of the 15
Commission; to specify the authority of the 16
Chairperson; to limit the authority of the 17
members of the Commission to rulemaking, appeals, 18
reconsiderations, and other adjudicatory powers; 19
to remove the requirement that the Commission 20
appoint district and staff hearing officers; to 21
require the Governor to appoint the Chairperson; 22
and to make appropriations for the Industrial 23
Commission for the biennium beginning July 1, 24
1997, and ending June 30, 1999. 25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 26
Section 1. That sections 4121.01, 4121.02, 4121.03, 28
4121.34, and 4121.35 of the Revised Code be amended to read as 29
follows:
Sec. 4121.01. (A) As used in sections 4121.01 to 4121.29 38
of the Revised Code: 39
(A)(1) "Place of employment" means every place, whether 41
indoors or out, or underground, and the premises appurtenant 42
thereto, where either temporarily or permanently any industry, 43
trade, or business is carried on, or where any process or 44
operation, directly or indirectly related to any industry, trade, 45
or business, is carried on and where any person is directly or 46
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indirectly employed by another for direct or indirect gain or 47
profit, but does not include any place where persons are employed 48
in private domestic service or agricultural pursuits which do not 49
involve the use of mechanical power. 50
(B)(2) "Employment" means any trade, occupation, or 52
process of manufacture or any method of carrying on such trade, 53
occupation, or process of manufacture in which any person may be 54
engaged, except in such private domestic service or agricultural 55
pursuits as do not involve the use of mechanical power. 56
(C)(3) "Employer" means every person, firm, corporation, 58
agent, manager, representative, or other person having control or 59
custody of any employment, place of employment, or employee. 60
(D)(4) "Employee" means every person who may be required 62
or directed by any employer, in consideration of direct or 63
indirect gain or profit, to engage in any employment, or to go, 64
or work, or be at any time in any place of employment. 65
(E)(5) "Frequenter" means every person, other than an 67
employee, who may go in or be in a place of employment under 68
circumstances which render him THE PERSON other than a 69
trespasser. 70
(F)(6) "Deputy" means any person employed by the 72
industrial commission or the bureau of workers' compensation, 73
designated as a deputy by the commission or the administrator of 74
workers' compensation, who possesses special, technical, 75
scientific, managerial, professional, or personal abilities or 76
qualities in matters within the jurisdiction of the commission or 77
the bureau, and who may be engaged in the performance of duties 78
under the direction of the commission or the bureau calling for 79
the exercise of such abilities or qualities. 80
(G)(7) "Order" means any decision, rule, regulation, 82
direction, requirement, or standard, or any other determination 83
or decision which THAT the bureau is empowered to and does make. 84
(H)(8) "General order" means an order which THAT applies 88
generally throughout the state to all persons, employments, or 89
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places of employment, or all persons, employments, or places of 90
employment of a class under the jurisdiction of the bureau. All 91
other orders shall be considered special orders. 92
(I)(9) "Local order" means any ordinance, order, rule, or 94
determination of the legislative authority of any municipal 95
corporation, or any trustees, or board or officers of any 96
municipal corporation upon any matter over which the bureau has 98
jurisdiction.
(J)(10) "Welfare" means comfort, decency, and moral 100
well-being. 101
(K)(11) "Safe" or "safety," as applied to any employment 103
or a place of employment, means such freedom from danger to the 104
life, health, safety, or welfare of employees or frequenters as 105
the nature of the employment will reasonably permit, including 106
requirements as to the hours of labor with relation to the health 107
and welfare of employees. 108
(B) WHENEVER THE REVISED CODE REFERS TO THE "INDUSTRIAL 111
COMMISSION" OR "COMMISSION," THE TERM REFERS TO THE CHAIRPERSON 112
OF THE COMMISSION AND THE AUTHORITY VESTED IN THE CHAIRPERSON BY 113
LAW AS THE CHIEF EXECUTIVE OFFICER OF THE COMMISSION, EXCEPT WITH 115
RESPECT TO THE AUTHORITY EXERCISED IN SECTION 4121.03 OF THE 116
REVISED CODE BY THE THREE-MEMBER COMMISSION CREATED PURSUANT TO 118
SECTION 4121.02 OF THE REVISED CODE, OR WHERE THE CONTEXT CLEARLY 121
REFERS TO THE THREE-MEMBER COMMISSION OR TO THE INDUSTRIAL 122
COMMISSION AS A STATE AGENCY.
Sec. 4121.02. (A) There is hereby created the industrial 131
commission. The commission shall consist of three members 132
appointed by the governor, with the advice and consent of the 133
senate. One member shall be an individual who, on account of his 134
THE INDIVIDUAL'S previous vocation, employment, or affiliations, 135
can be classed as a representative of employers; one shall be an 137
individual who, on account of his THE INDIVIDUAL'S previous 138
vocation, employment, or affiliations, can be classed as a 140
representative of employees; and one shall be an individual who, 141
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on account of his THE INDIVIDUAL'S previous vocation, employment, 143
or affiliations, can be classed as a representative of the 144
public. Each member AT LEAST TWO MEMBERS shall have not less 145
than six OR MORE years of recognized expertise in the field of 146
workers' compensation, and at least one member shall be an 147
attorney registered to practice law in this state. No more than 148
two members of the industrial commission shall belong to or be 149
affiliated with the same political party. 150
(B) Within thirty days after the industrial commission 152
nominating committee submits its list to the governor under 153
division (D) of this section, the governor shall make initial 154
appointments to the commission. Of the initial appointments, the 155
member who is a representative of employees shall serve a term 156
ending on June 30, 1995; the member who is a representative of 157
employers shall serve a term ending on June 30, 1997; and the 158
member who is a representative of the public shall serve a term 159
ending on June 30, 1999. Thereafter, terms of office are for six 160
years, beginning on the first day of July and ending on the 161
thirtieth day of June. 162
(C) Each member shall hold office from the date of his THE 164
MEMBER'S confirmation by the senate, as provided in division (E) 165
of this section, until the end of the term for which he THE 166
MEMBER was appointed, except that if a member has not been 167
appointed by the end of the term, the member shall remain in 168
office until his THE MEMBER'S successor takes office, or until a 170
period of sixty days has elapsed, whichever occurs first. 171
However, if a member is appointed to fill a full term subsequent 172
to an initial appointment, the term of office is as provided in 173
division (B) of this section. The governor shall not appoint any 174
person to more than two full six-year terms of office on the 175
commission. This restriction does not prevent the governor from 176
appointing a person to fill a vacancy caused by death, 177
resignation, or removal of a commission member, or from
appointing that person twice to full terms on the commission, or 178
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from appointing a person previously appointed to fill less than a 179
full term twice to full terms on the commission. Except for the 180
public member's tenure as chairman CHAIRPERSON of the 181
self-insuring employer's evaluation board, a member of the 182
commission shall hold no other public office or position of trust 183
or profit, engage in any other occupation or business, or serve 184
on any committee of any political party and shall devote his full 185
time to his THE MEMBER'S duties as a member of the commission. 186
(D) In making appointments to the commission, the governor 188
shall select the members from the list of the names submitted by 189
the industrial commission nominating committee pursuant to this 190
division. Within thirty days after the effective date of this 191
section, the nominating committee shall submit to the governor 192
for the initial appointments a list containing three separate 193
names for the employer, employee, and public members to be 194
filled. Within seven days of the submission of the initial list, 195
the governor shall either appoint individuals from the list or 196
request the nominating committee to submit another list of three 197
names for each member the governor has not appointed from the 198
original list, which list the nominating committee shall submit 199
to the governor within seven days of the governor's request. The 200
governor then shall appoint, within seven days of the submission 201
of the second list, individuals from either list to fill each 202
position for which the governor has not made an appointment from 203
the original list. Thereafter, within sixty days of a vacancy 204
occurring as a result of the expiration of a term and within 205
thirty days after other vacancies occurring on the commission, 206
the nominating committee shall submit an initial list containing 207
three names for each vacancy. Within seven days of the 208
submission of the initial list, the governor shall either appoint 209
individuals from the list or request the nominating committee to 210
submit another list of three names for each member the governor 211
has not appointed from the original list, which list the 212
nominating committee shall submit to the governor within fourteen 213
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days of the governor's request. The governor then shall appoint, 214
within seven days of the submission of the second list, one of 215
the individuals from either list to fill the vacancy for which 216
the governor has not made an appointment from the original list. 217
In order for a name of an individual to be submitted to the 218
governor under this division, the nominating committee shall 219
approve the individual by an affirmative vote of not less than 220
two-thirds of its members. 221
(E) The governor shall notify the senate of the names of 223
the individuals for whom he THE GOVERNOR is making the initial 224
appointments to the commission within thirty days after the 225
submission of the names to the governor by the industrial 226
commission nominating committee under division (D) of this 227
section. For appointments subsequent to the initial appointments 228
under this division, if the appointment is to fill a member's 229
term which is to expire, the governor shall notify the senate of 230
the name of the individual to be appointed to fill that position 231
by no later than the first day of June of the year that the term 232
is to expire. For subsequent appointments to fill a vacancy on 233
the commission occurring as a result of the death, resignation, 234
or removal of the commission member, the governor shall notify 235
the senate of the name of the individual to be appointed to fill 236
the remainder of that term within thirty days after the 237
submission of the names to the governor by the nominating 238
committee under division (D) of this section. For all 239
appointments, the senate shall refer the matter to an appropriate 240
standing committee for consideration of the appointments, and the 241
committee shall hold a public hearing to consider the 242
appointments. After conclusion of the public hearing, the 243
standing committee shall make its recommendations to the senate. 244
The senate shall not confirm any appointee if the individual does 245
not meet the qualifications of division (A) of this section or if 246
the individual has not been approved by the industrial commission 247
nominating committee as provided in division (D) of this section. 248
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If the full senate fails to take a final vote on an appointment 249
within thirty days after the governor submits the names to the 250
senate under this division, the individual's appointment is 251
deemed confirmed by the senate and the individual shall take the 252
office of commission member subject to removal as provided in 253
division (F) of this section.
(F) The governor may remove or suspend a member of the 255
commission pursuant to section 3.04 of the Revised Code. The 256
governor shall notify the senate of any decision to remove or 257
suspend a commission member. The senate shall refer the matter 258
to an appropriate standing committee for consideration and the 259
committee shall hold a public hearing to consider the matter. At 260
the hearing, the governor or his THE GOVERNOR'S authorized 261
representative may present evidence and give testimony in support 262
of the decision. The commission member or his THE MEMBER'S 263
authorized representatives may appear and present evidence and 264
testimony. After conclusion of the public hearing, the committee 265
shall make its recommendation to the senate. 266
Upon receipt of a recommendation from the standing 268
committee, the senate shall vote on the issue of whether to 269
advise and consent to the removal or suspension of the member. 270
The senate shall vote on the matter within sixty legislative days 271
from the date the governor communicates his THE decision to 272
remove or suspend the member. 274
(G) The governor shall determine the compensation of the 276
members of the commission, based upon such facts as he THE 277
GOVERNOR considers appropriate, provided that the salary of each 278
member shall be no less than seventy-five thousand dollars per 280
year. In addition, each commission member shall receive an 281
annual salary increase based upon the average salary increases of 282
other state department directors for that year, not to exceed 283
five per cent per year.
(H) Before entering upon the duties of his office, each 285
member shall take and subscribe to the constitutional oath of 286
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office and swear and affirm that he THE MEMBER holds no position 287
under any committee of a political party, which oath or 288
affirmation the member shall file in the office of the governor. 289
Each member shall give a bond in the sum of fifty thousand 290
dollars, which bond shall be approved by the governor and filed 291
with the treasurer of state. All employees or deputies of the 292
commission who receive or disburse state funds shall give a bond 293
to the state in the amounts and surety approved by the industrial 294
commission. 295
Sec. 4121.03. (A) The governor shall appoint FROM AMONG 304
THE MEMBERS OF THE INDUSTRIAL COMMISSION the initial chairperson 306
of the industrial commission at the time of making initial 308
appointments to the commission under section 4121.02 of the 309
Revised Code, who. THE CHAIRPERSON shall serve as chairperson 310
for a term of one year. Thereafter, the commission annually 311
shall elect one of its members as chairperson. No member shall 312
be appointed or elected as chairperson for more than three 313
consecutive one-year terms. A majority of the commission 315
constitutes a quorum to transact business. No vacancy impairs 316
the rights of the remaining members to exercise all of the powers 317
of the commission, so long as a majority remains. Any 318
investigation, inquiry, or hearing that the commission may hold 319
or undertake may be held or undertaken by or before any one 320
member of the commission, or by or before one of the deputies of 321
the commission, except as otherwise provided in this chapter and 322
Chapters 4123., 4127., and 4131. of the Revised Code, and every 323
order made by a member, or by a deputy, when approved and 324
confirmed by a majority of the members, and so shown on its 325
record of proceedings, is the order of the commission AT THE 327
PLEASURE OF THE GOVERNOR. THE CHAIRPERSON IS THE HEAD OF THE 328
COMMISSION AND ITS CHIEF EXECUTIVE OFFICER.
(B) The commission CHAIRPERSON shall appoint a secretary 330
of the commission. The secretary, under the overall policy 331
direction of the commission CHAIRPERSON, shall perform all of the 332
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following duties: 333
(1) Act as chief administrative officer for the 335
commission; 336
(2) Ensure that all commission personnel follow the rules 338
of the commission; 339
(3) Ensure that all orders, awards, and determinations are 341
properly heard and signed, prior to attesting to the documents; 342
(4) Coordinate, to the fullest extent possible, commission 344
activities with the bureau of workers' compensation activities; 345
(5) Do all things necessary for the efficient and 347
effective implementation of the duties of the commission. 348
The responsibilities assigned to the secretary of the 350
commission do not relieve the members of the commission 351
CHAIRPERSON from final responsibility for the proper performance 352
of the acts specified in this division. 354
(C) The commission CHAIRPERSON shall do all of the 356
following:
(1) Employ, promote, supervise, and remove, AND ESTABLISH 358
THE COMPENSATION OF all employees as needed in connection with 360
the performance of its THE COMMISSION'S duties under this chapter 362
and Chapters 4123., 4127., and 4131. of the Revised Code and may 363
assign to them their duties to the extent necessary to achieve 364
the most efficient performance of its functions, and to that end 365
may establish, change, or abolish positions, and assign and 366
reassign duties and responsibilities of every employee of the 367
commission. The civil service status of any person employed by 368
the commission prior to November 3, 1989, is not affected by this 369
section. Personnel employed by the bureau or the commission who 370
are subject to Chapter 4117. of the Revised Code shall retain all 371
of their rights and benefits conferred pursuant to that chapter 372
as it presently exists or is hereafter amended and nothing in 373
this chapter or Chapter 4123. of the Revised Code shall be 374
construed as eliminating or interfering with Chapter 4117. of the 375
Revised Code or the rights and benefits conferred under that 376
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chapter to public employees or to any bargaining unit. 377
(2) Establish the compensation of staff hearing officers 379
and their immediate supervisors and take whatever steps are 380
necessary to achieve adequate compensation for other hearing 381
officers; 382
(3) Maintain its THE office FOR THE COMMISSION in Columbus 385
and may hold sessions at any place within the state; 386
(4) Hear appeals and reconsiderations as provided in 388
section 4123.511 of the Revised Code; 389
(5)(3) To the maximum extent possible, use electronic data 391
processing equipment for the issuance of orders immediately 392
following a hearing, scheduling of hearings and medical 393
examinations, tracking of claims, retrieval of information, and 394
any other matter within the commission's jurisdiction, and shall 395
provide and input information into the electronic data processing 396
equipment as necessary to effect the success of the claims 397
tracking system established pursuant to division (B)(15) of 398
section 4121.121 of the Revised Code; 399
(4) EXERCISE ALL ADMINISTRATIVE AND NONADJUDICATORY POWERS 402
AND DUTIES CONFERRED UPON THE COMMISSION BY CHAPTERS 4121., 403
4123., 4127., AND 4131. OF THE REVISED CODE; 404
(5) APPROVE ALL CONTRACTS FOR SPECIAL SERVICES. 406
(D) The commission CHAIRPERSON IS RESPONSIBLE FOR ALL 408
ADMINISTRATIVE MATTERS AND may secure for itself THE COMMISSION 410
facilities, equipment, and supplies necessary to house itself THE 411
COMMISSION, any employees, and files and records under its THE 413
COMMISSION'S control and to discharge any duty imposed upon it 415
THE COMMISSION by law, the expense thereof to be audited and paid 417
in the same manner as other state expenses. For that purpose, 418
the commission CHAIRPERSON, separately from the budget prepared 419
by the administrator of workers' compensation, shall prepare and 420
submit to the office of budget and management a budget for each 421
biennium according to sections 101.55 and 107.03 of the Revised 422
Code. The budget submitted shall cover the costs of the 423
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commission and staff and district hearing officers in the 424
discharge of any duty imposed upon the CHAIRPERSON, THE 425
commission, and hearing officers by law. 426
(E) The commission is responsible for the establishment of 428
A MAJORITY OF THE COMMISSION CONSTITUTES A QUORUM TO TRANSACT 430
BUSINESS. NO VACANCY IMPAIRS THE RIGHTS OF THE REMAINING MEMBERS 431
TO EXERCISE ALL OF THE POWERS OF THE COMMISSION, SO LONG AS A 432
MAJORITY REMAINS. ANY INVESTIGATION, INQUIRY, OR HEARING THAT 433
THE COMMISSION MAY HOLD OR UNDERTAKE MAY BE HELD OR UNDERTAKEN BY 434
OR BEFORE ANY ONE MEMBER OF THE COMMISSION, OR BEFORE ONE OF THE 435
DEPUTIES OF THE COMMISSION, EXCEPT AS OTHERWISE PROVIDED IN THIS 436
CHAPTER AND CHAPTERS 4123., 4127., AND 4131. OF THE REVISED CODE. 439
EVERY ORDER MADE BY A MEMBER, OR BY A DEPUTY, WHEN APPROVED AND 440
CONFIRMED BY A MAJORITY OF THE MEMBERS, AND SO SHOWN ON ITS 441
RECORD OF PROCEEDINGS, IS THE ORDER OF THE COMMISSION. THE 442
COMMISSION MAY HOLD SESSIONS AT ANY PLACE WITHIN THE STATE. THE 443
COMMISSION IS RESPONSIBLE FOR ALL OF THE FOLLOWING: 444
(1) ESTABLISHING the overall adjudicatory policy and 446
management of the commission under this chapter and Chapters 447
4123., 4127., and 4131. of the Revised Code, except for those 448
administrative matters within the jurisdiction of the 449
CHAIRPERSON, bureau of workers' compensation, and the 450
administrator of workers' compensation under those chapters; 451
(2) HEARING APPEALS AND RECONSIDERATIONS UNDER THIS 453
CHAPTER AND CHAPTERS 4123., 4127., AND 4131. OF THE REVISED CODE; 455
(3) CONDUCTING ALL HEARINGS AS PROVIDED IN DIVISION (G) OF 458
SECTION 4167.10 AND SECTION 4167.15 OF THE REVISED CODE; 460
(4) ENGAGING IN RULEMAKING WHERE REQUIRED BY THIS CHAPTER 463
OR CHAPTER 4123., 4127., OR 4131. OF THE REVISED CODE. 464
Sec. 4121.34. (A) The industrial commission shall appoint 473
a sufficient number of district DISTRICT hearing officers for the 475
purpose of hearing SHALL HEAR the matters listed in division (B) 476
of this section. District hearing officers are in the classified 478
civil service of the state, are full-time employees of the 479
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INDUSTRIAL commission, and shall be persons admitted to the 481
practice of law in this state. District hearing officers shall 482
not engage in any other activity that interferes with their 483
full-time employment by the commission during normal working 484
hours.
(B) District hearing officers shall have original 486
jurisdiction on all of the following matters: 487
(1) Determinations under section 4123.57 of the Revised 489
Code; 490
(2) All appeals from a decision of the administrator of 492
workers' compensation under division (B) of section 4123.511 of 493
the Revised Code; 494
(3) All other contested claims matters under this chapter 496
and Chapters 4123., 4127., and 4131. of the Revised Code, except 497
those matters over which staff hearing officers have original 498
jurisdiction. 499
(C) The administrator of workers' compensation shall make 501
available to each district hearing officer the facilities and 502
assistance of bureau employees and furnish all information 503
necessary to the performance of the district hearing officer's 504
duties. 505
Sec. 4121.35. (A) The industrial commission shall appoint 514
staff STAFF hearing officers to SHALL consider and decide all 516
matters specified in division (B) of this section. All staff 517
hearing officers are full-time employees of the INDUSTRIAL 518
commission and shall be admitted to the practice of law in this 520
state. Staff hearing officers shall not engage in any other 522
activity that interferes with their full-time employment by the 523
commission during normal working hours.
(B) Except as provided in division (D) of this section, 525
staff hearing officers have original jurisdiction to hear and 526
decide the following matters: 527
(1) Applications for permanent, total disability awards 529
pursuant to section 4123.58 of the Revised Code; 530
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(2) Appeals from an order of a district hearing officer 532
issued under division (C) of section 4123.511 of the Revised 533
Code; 534
(3) Applications for additional awards for violation of a 536
specific safety rule of the administrator of workers' 537
compensation pursuant to Section 35 of Article II of the Ohio 538
Constitution; 539
(4) Applications for reconsideration pursuant to division 541
(A) of section 4123.57 of the Revised Code. Decisions of the 542
staff hearing officers on reconsideration pursuant to division 543
(A) of section 4123.57 of the Revised Code are final. 544
(5) Reviews of settlement agreements pursuant to section 546
4123.65 of the Revised Code. Decisions of the staff hearing 547
officer under that section are final and not appealable to the 548
commission or to court under section 4123.511 or 4123.512 of the 549
Revised Code. 550
(C) The decision of a staff hearing officer under division 552
(D) of section 4123.511 of the Revised Code is the decision of 553
the commission for the purposes of section 4123.512 of the 554
Revised Code unless the commission hears an appeal under division 555
(E) of section 4123.511 of the Revised Code. 556
(D) Staff hearing officers shall hold hearings on all 558
matters referred to them for hearing. Hearing procedures shall 559
conform to the rules the commission adopts pursuant to section 560
4121.36 of the Revised Code. 561
Section 2. That existing sections 4121.01, 4121.02, 563
4121.03, 4121.34, and 4121.35 of the Revised Code are hereby 564
repealed.
Section 3. All items in this section are hereby 566
appropriated out of any moneys in the state treasury to the 567
credit of the designated fund. For all appropriations made in 568
this section, those in the first column are for fiscal year 1998, 569
and those in the second column are for fiscal year 1999.
OIC INDUSTRIAL COMMISSION 570
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FND ALI ALI TITLE FY 1998 FY 1999 572
Workers' Compensation Fund Group 574
023 845-321 Operating Expenses $ 41,782,108 $ 43,202,309 579
023 845-410 Attorney General 581
Payments $ 2,358,762 $ 2,551,421 583
023 845-402 Rent - William Green 585
Building $ 4,448,792 $ 4,573,358 587
821 845-605 Service Account $ 176,258 $ 181,196 591
TOTAL WCF Workers' Compensation 592
Fund Group $ 48,765,920 $ 50,508,284 595
TOTAL ALL BUDGET FUND GROUPS $ 48,765,920 $ 50,508,284 598
Rent - William Green Building 601
The foregoing appropriation item 845-402, Rent - William 603
Green Building, shall be used for rent and operating expenses for 604
the space occupied by the Industrial Commission in the William 605
Green Building.
Service Account 607
The foregoing appropriation item 845-605, Service Account, 609
shall be used for any expense related to funds collected and 610
deposited in Fund 821, such as coin copier expense, coin changer 611
purchases, expenses related to conferences that produce revenue, 612
publications that produce revenue, and replacement of furniture 613
and equipment.
Section 4. Within the limits set forth in this act, the 615
Director of Budget and Management shall establish accounts 616
indicating the source and amount of funds for each appropriation 617
made in this act, and shall determine the form and manner in 618
which appropriation accounts shall be maintained.
The appropriations made in this act are subject to all 620
provisions of H.B. 215 of the 122nd General Assembly that are 621
generally applicable to such appropriations. 622
Section 5. Reissuance of Voided Warrants 624
In order to provide funds for the reissuance of voided 626
warrants pursuant to section 117.47 of the Revised Code, there is 627
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hereby appropriated, out of moneys in the state treasury from the 628
fund credited as provided in section 117.47 of the Revised Code, 629
that amount sufficient to pay such warrants when approved by the 630
Office of Budget and Management.
Section 6. Judgments Against State 632
Any appropriations contained in this act, except those to 634
be applied to or used for payment of guarantees by or on behalf 635
of the state or for debt service on bonds, notes, or certificates 636
of participation, may be used pursuant to section 2743.15, 637
2743.19, or 2743.191 of the Revised Code for the purpose of 638
satisfying judgments, settlements, or administrative awards
ordered or approved by the Court of Claims in connection with 639
civil actions against the state. 640
Section 7. Reappropriation of Unexpended Balances 642
Notwithstanding section 131.33 of the Revised Code, 644
unexpended balances of appropriations and reappropriations 645
against which encumbrances have been lawfully incurred by a state 646
agency are, at the close of fiscal year 1997, to the extent of 647
such encumbrances, hereby reappropriated from the funds from
which they were originally appropriated and reappropriated and, 648
except for encumbrances for items of special order manufacture 649
not available on term contract or open market, made available for 650
the purpose of discharging such encumbrances for a period of five 651
months from the end of the fiscal year. Unexpended balances of 652
appropriations and reappropriations against which encumbrances 653
for items of special order manufacture not available on term
contract or in the open market have been lawfully incurred are, 654
at the close of the fiscal year, to the extent of such 655
encumbrances, hereby reappropriated and made available for the 656
purpose of discharging such encumbrances for a period of five 657
months from the end of the fiscal year or, if the Director of
Budget and Management approves, for a period of not more than 658
twelve months from the end of the fiscal year. 659
Any items for which unexpended balances are reappropriated 661
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beyond a five-month period from the end of the fiscal year shall 662
be reported to the Controlling Board by the Director of Budget 663
and Management. The report on each such item shall include the 664
item, the cost of the item, the vendor involved, and the delivery 665
date. Such reports to the board shall be updated on a quarterly
basis while the encumbrance remains open. 666
After any such period, reappropriations made for the 668
purpose of discharging encumbrances for operating expenses, 669
defined as those encumbrances incurred for personal services, 670
maintenance, and equipment, are canceled. Reappropriations for 671
encumbrances other than operating expenses or items of special 672
manufacture not available on term contract or in the open market
may be extended by obtaining the approval of the Director of 673
Budget and Management. 674
Section 8. If any item of law that constitutes the whole 676
or part of a codified or uncodified section of law contained in 677
this act, or if any application of any item of law that 678
constitutes the whole or part of a codified or uncodified section 679
of law contained in this act, is held invalid, the invalidity 680
does not affect other items of law or applications of items of 681
law that can be given effect without the invalid item of law or 682
application. To this end, the items of law of which the codified 683
and uncodified sections of law contained in this act are 684
composed, and their applications, are independent and severable.
Section 9. Except as otherwise specifically provided in 686
this act, the codified and uncodified sections of law contained 687
in this act, and the items of law of which the codified and 688
uncodified sections of law contained in this act are composed, 690
are not subject to the referendum. Therefore, under Ohio 691
Constitution, Article II, Section 1d and section 1.471 of the 692
Revised Code, the codified and uncodified sections of law
contained in this act, and the items of law of which the codified 693
and uncodified sections of law contained in this act are 695
composed, go into immediate effect when this act becomes law. 696
17
Section 10. Sections 4121.01, 4121.02, 4121.03, 4121.34, 698
and 4121.35 of the Revised Code, as amended by this act, and the 699
items of law of which such sections of the Revised Code, as 700
amended by this act, are composed, are subject to the referendum. 701
Therefore, under Ohio Constitution, Article II, Section 1c and 702
section 1.471 of the Revised Code, such sections as amended by 703
this act, and the items of law of which such sections as amended 704
by this act are composed, take effect on the ninety-first day 705
after this act is filed with the Secretary of State. If, 706
however, a referendum petition is filed against any such section 707
as amended by this act, or against any item of law of which any 708
such section as amended by this act is composed, the section as 709
amended, or item of law, unless rejected at the referendum, takes 711
effect at the earliest time permitted by law.