As Reported by the Senate Insurance, Commerce and Labor Committee  1            

122nd General Assembly                                             4            

   Regular Session                            Sub. H. B. No. 558   5            

      1997-1998                                                    6            


    REPRESENTATIVES WISE-CATES-WESTON-MAIER-COUGHLIN-GARCIA-       8            

     METELSKY-MALLORY-THOMAS-O'BRIEN-NETZLEY-JAMES-GRENDELL-       9            

  HOUSEHOLDER-COLONNA-JACOBSON-PRINGLE-HEALY-BOYD-LUCAS-SULZER-    10           

     HARRIS-HODGES-WACHTMANN-PATTON-HARTLEY-LOGAN-WILLIAMS-        11           

     MOTTLEY-KRUPINSKI-KASPUTIS-DAMSCHRODER-STAPLETON-CAREY-       12           

      REID-MYERS-TERWILLEGER-PADGETT-SALERNO-VERICH-SUTTON-        13           

    TAVARES-MOTTL-VESPER-PERZ-FORD-SAWYER-YOUNG-OPFER-BEATTY-      14           

    JONES-METZGER-JOHNSON-BENDER-KREBS-WOMER BENJAMIN-ALLEN-       15           

      CLANCY-BATEMAN-CALLENDER-ROMAN-BUCHY-PRENTISS-WILSON-        16           

               JERSE-MILLER-BRITTON-OLMAN-SCHULER-                 17           

                    SENATORS SUHADOLNIK-WATTS                      18           


                                                                   20           

                           A   B I L L                                          

             To amend sections 4121.12, 4123.01, and 4123.46 of    22           

                the Revised Code to provide workers' compensation  23           

                coverage for off-duty peace officers,              24           

                firefighters, and emergency medical technicians    26           

                who are injured or killed while responding to an   28           

                emergency situation, to require that payment for   29           

                those claims be paid from the Workers'             30           

                Compensation Surplus Fund rather than the State    32           

                Insurance Fund, and to require the Workers'        33           

                Compensation Oversight Commission to meet a                     

                minimum of nine times annually.                    34           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        35           

      Section 1.  That sections 4121.12, 4123.01, and 4123.46 of   37           

the Revised Code be amended to read as follows:                    38           

      Sec. 4121.12.  (A)  There is hereby created the workers'     47           

compensation oversight commission consisting of nine members, of   48           

                                                          2      

                                                                 
which members the governor shall appoint five with the advice and  49           

consent of the senate.  Of the five members the governor           50           

appoints, two shall be individuals who, on account of their        52           

previous vocation, employment, or affiliations, can be classed as  53           

representative of employees, at least one of whom is                            

representative of employees who are members of an employee         54           

organization; two shall be individuals who, on account of their    55           

previous vocation, employment, or affiliations, can be classed as  56           

representative of employers, one of whom represents self-insuring  57           

employers and one of whom has experience as an employer in         58           

compliance with section 4123.35 of the Revised Code other than a   59           

self-insuring employer, and one of those two representatives also               

shall represent employers whose employees are not members of an    60           

employee organization; and one shall represent the public and      61           

also be an individual who, on account of the individual's          62           

previous vocation, employment, or affiliations, cannot be classed  63           

as either predominantly representative of employees or of          64           

employers.  The governor shall select the chairperson of the       65           

commission who shall serve as chairperson at the pleasure of the   66           

governor.  No more than three members appointed by the governor    68           

shall belong to or be affiliated with the same political party.    69           

      Each of these five members shall have at least three years'  71           

experience in the field of insurance, finance, workers'            72           

compensation, law, accounting, actuarial, personnel, investments,  73           

or data processing, or in the management of an organization whose  74           

size is commensurate with that of the bureau of workers'           75           

compensation.  At least one of these five members shall be an      76           

attorney licensed under Chapter 4705. of the Revised Code to       77           

practice law in this state.                                        78           

      (B)  Of the initial appointments made to the commission,     81           

the governor shall appoint one member who represents employees to  82           

a term ending one year after September 1, 1995, one member who     83           

represents employers to a term ending two years after the          85           

effective date of this section, the member who represents the      86           

                                                          3      

                                                                 
public to a term ending three years after September 1, 1995, one   87           

member who represents employees to a term ending four years after  88           

September 1, 1995, and one member who represents employers to a    89           

term ending five years after September 1, 1995.  Thereafter,       90           

terms of office shall be for five years, with each term ending on  91           

the same day of the same month as did the term that it succeeds.   92           

Each member shall hold office from the date of his appointment     93           

until the end of the term for which the member was appointed.      94           

      The governor shall not appoint any person to more than two   96           

full terms of office on the commission.  This restriction does     97           

not prevent the governor from appointing a person to fill a        98           

vacancy caused by the death, resignation, or removal of a          99           

commission member and also appointing that person twice to full    100          

terms on the commission, or from appointing a person previously    101          

appointed to fill less than a full term twice to full terms on     102          

the commission.  Any member appointed to fill a vacancy occurring  103          

prior to the expiration date of the term for which the member's    105          

predecessor was appointed shall hold office as a member for the                 

remainder of that term.  A member shall continue in office         106          

subsequent to the expiration date of the member's term until a     107          

successor takes office or until a period of sixty days has         108          

elapsed, whichever occurs first.                                   109          

      (C)  In making appointments to the commission, the governor  111          

shall select the members from the list of names submitted by the   113          

workers' compensation oversight commission nominating committee    114          

pursuant to this division.  Within fourteen days after the         115          

governor calls the initial meeting of the nominating committee                  

pursuant to division (C) of section 4121.123 of the Revised Code,  116          

the nominating committee shall submit to the governor, for the     117          

initial appointments, a list containing four separate names for    118          

each of the members on the commission.  Within fourteen days       120          

after the submission of the list, the governor shall appoint       121          

individuals from the list.                                                      

      For the appointment of the member who is representative of   123          

                                                          4      

                                                                 
employees who are members of an employee organization, both for    124          

initial appointments and for the filling of vacancies, the list    125          

of four names submitted by the nominating committee shall be       126          

comprised of four individuals who are members of the executive     127          

committee of the largest statewide labor federation.                            

      Thereafter, within sixty days after a vacancy occurring as   130          

a result of the expiration of a term and within thirty days after  131          

other vacancies occurring on the commission, the nominating                     

committee shall submit a list containing four names for each       132          

vacancy.  Within fourteen days after the submission of the list,   133          

the governor shall appoint individuals from the list.  With        134          

respect to the filling of vacancies, the nominating committee      135          

shall provide the governor with a list of four individuals who     136          

are, in the judgment of the nominating committee, the most fully   137          

qualified to accede to membership on the commission.  The          138          

nominating committee shall not include the name of an individual   139          

upon the list for the filling of vacancies if the appointment of                

that individual by the governor would result in more than three    140          

members of the commission belonging to or being affiliated with    141          

the same political party.  The committee shall include on the      142          

list for the filling of vacancies only the names of attorneys      143          

admitted to practice law in this state if, to fulfill the                       

requirement of division (A) of section 4121.12 of the Revised      144          

Code, the vacancy must be filled by an attorney.                   145          

      In order for the name of an individual to be submitted to    147          

the governor under this division, the nominating committee shall   148          

approve the individual by an affirmative vote of a majority of     149          

its members.                                                                    

      (D)  The remaining four members of the commission shall be   152          

the chairperson and ranking minority member of the standing        153          

committees of the house of representatives and of the senate to                 

which legislation concerning this chapter and Chapters 4123.,      154          

4127., and 4131. of the Revised Code normally are referred, or a   156          

designee of the chairperson or ranking minority member, provided   157          

                                                          5      

                                                                 
that the designee is a member of the standing committee.           158          

Legislative members shall serve during the session of the general  159          

assembly to which they are elected and for as long as they are     160          

members of the general assembly.  Legislative members shall serve  161          

in an advisory capacity to the commission and shall have no        162          

voting rights on matters coming before the commission.             163          

Membership on the commission by legislative members shall not be                

deemed as holding a public office.                                 164          

      (E)  All members of the commission shall receive their       167          

reasonable and necessary expenses pursuant to section 126.31 of    168          

the Revised Code while engaged in the performance of their duties  170          

as members.  Legislative members also shall receive fifty dollars  171          

per meeting that they attend.  Members appointed by the governor   172          

also shall receive an annual salary as follows:                                 

      (1)  On and before August 31, 1998, not to exceed six        175          

thousand dollars payable at the rate of five hundred dollars per   176          

month.  A member shall receive the monthly five hundred dollar     177          

salary only if the member has attended at least one meeting of     179          

the commission during that month.  A member may receive no more                 

than the monthly five hundred dollar salary regardless of the      180          

number of meetings held by the commission during a month or the    181          

number of meetings in excess of one within a month that the        182          

member attends.                                                                 

      (2)  After August 31, 1998, not to exceed eighteen thousand  185          

dollars payable at the rate of fifteen hundred dollars per month.               

A ON THE FOLLOWING BASIS:                                          186          

      (a)  EXCEPT AS PROVIDED IN DIVISION (E)(2)(b) OF THIS        189          

SECTION, A member shall receive the monthly fifteen hundred        190          

dollar salary only if TWO THOUSAND DOLLARS DURING A MONTH IN       191          

WHICH the member has attended at least ATTENDS one meeting OR      192          

MORE MEETINGS of the commission during that month AND SHALL        194          

RECEIVE NO PAYMENT DURING A MONTH IN WHICH THE MEMBER ATTENDS NO                

MEETING OF THE COMMISSION.  A                                      195          

      (b)  A member may receive no more than the monthly fifteen   197          

                                                          6      

                                                                 
hundred ANNUAL EIGHTEEN THOUSAND dollar salary regardless of the   199          

number of meetings held by the commission during the month A YEAR  200          

or the number of meetings in excess of one NINE within a month     202          

YEAR that the member attends.                                      203          

      THE CHAIRPERSON OF THE COMMISSION SHALL SET THE MEETING      205          

DATES OF THE COMMISSION AS NECESSARY TO PERFORM THE DUTIES OF THE  206          

COMMISSION UNDER THIS CHAPTER AND CHAPTERS 4123., 4127., AND       207          

4131. OF THE REVISED CODE.  THE COMMISSION SHALL MEET AT LEAST     208          

NINE TIMES DURING THE PERIOD COMMENCING ON THE FIRST DAY OF        210          

SEPTEMBER AND ENDING ON THE THIRTY-FIRST DAY OF AUGUST OF THE      211          

FOLLOWING YEAR.  The administrator of workers' compensation shall  212          

provide professional and clerical assistance to the commission,    214          

as the commission considers appropriate.                           215          

      (F)  The commission shall:                                   217          

      (1)  Review progress of the bureau in meeting its cost and   220          

quality objectives and in complying with this chapter and          221          

Chapters 4123., 4127., and 4131. of the Revised Code;              222          

      (2)  Issue an annual report on the cost and quality          224          

objectives of the bureau to the president of the senate, the       226          

speaker of the house of representatives, and the governor;         227          

      (3)  Review all independent financial audits of the bureau.  229          

The administrator shall provide access to records of the bureau    230          

to facilitate the review required under this division.             231          

      (4)  Study issues as requested by the administrator or the   233          

governor;                                                                       

      (5)  Contract with an independent actuarial firm to assist   235          

the commission in making recommendations to the administrator      236          

regarding premium rates;                                                        

      (6)  Establish objectives, policies, and criteria for the    239          

administration of the investment program that include asset        241          

allocation targets and ranges, risk factors, asset class                        

benchmarks, time horizons, total return objectives, and            242          

performance evaluation guidelines, and monitor the                 244          

administrator's progress in implementing the objectives,           245          

                                                          7      

                                                                 
policies, and criteria on a quarterly basis.  The commission                    

shall publish the objectives, policies, and criteria no less than  247          

annually and shall make copies available to interested parties.    248          

The commission shall prohibit, on a prospective basis, specific    250          

investment activity it finds to be contrary to its investment                   

objectives, policies, and criteria.                                251          

      The investment policy in existence on March 7, 1997, shall   254          

continue until the commission approves objectives, policies, and                

criteria for the administration of the investment program          255          

pursuant to this section.                                          256          

      (7)  Advise and consent on all of the following:             258          

      (a)  Administrative rules the administrator submits to it    261          

pursuant to division (B)(5) of section 4121.121 of the Revised                  

Code for the classification of occupations or industries, for      263          

premium rates and contributions, for the amount to be credited to  264          

the surplus fund, for rules and systems of rating, rate            265          

revisions, and merit rating;                                                    

      (b)  The overall policy of the bureau of workers'            268          

compensation as set by the administrator;                                       

      (c)  The duties and authority conferred upon the             270          

administrator pursuant to section 4121.37 of the Revised Code;     271          

      (d)  Rules the administrator adopts for the health           273          

partnership program and the qualified health plan system, as       274          

provided in sections 4121.44, 4121.441, and 4121.442 of the        275          

Revised Code.                                                                   

      (8)  Perform all duties required under section 4121.125 of   277          

the Revised Code;                                                  278          

      (9)  After August 31, 2000, appoint an administrator who     280          

meets the qualifications required under section 4121.121 of the    281          

Revised Code and fix the salary of the administrator, the amount   283          

of which the commission shall base upon the experience of the      285          

administrator and the responsibilities and duties of the                        

administrator pursuant to this chapter and Chapters 4123., 4127.,  286          

and 4131. of the Revised Code.                                     287          

                                                          8      

                                                                 
      (G)  The commission may enter into an employment contract    289          

with an administrator it appoints, provided that the contract      290          

does not exceed two years in length.                               291          

      (I)(H)  As used in this section, "employee organization"     293          

means any labor or bona fide organization in which employees       295          

participate and which exists for the purpose, in whole or in       297          

part, of dealing with employers concerning grievances, labor       298          

disputes, wages, hours, terms and other conditions of employment.  299          

      Sec. 4123.01.  As used in this chapter:                      308          

      (A)(1)  "Employee" means:                                    310          

      (a)  Every person in the service of the state, or of any     312          

county, municipal corporation, township, or school district        313          

therein, including regular members of lawfully constituted police  314          

and fire departments of municipal corporations and townships,      315          

whether paid or volunteer, and wherever serving within the state   316          

or on temporary assignment outside thereof, and executive          317          

officers of boards of education, under any appointment or          318          

contract of hire, express or implied, oral or written, including   319          

any elected official of the state, or of any county, municipal     320          

corporation, or township, or members of boards of education;       321          

      AS USED IN DIVISION (A)(1)(a) OF THIS SECTION, THE TERM      324          

"REGULAR MEMBERS OF LAWFULLY CONSTITUTED POLICE AND FIRE                        

DEPARTMENTS" INCLUDES THE FOLLOWING PERSONS WHEN THE PERSON        325          

RESPONDS TO AN INHERENTLY DANGEROUS SITUATION THAT CALLS FOR AN    326          

IMMEDIATE RESPONSE ON THE PART OF THE PERSON, REGARDLESS OF        327          

WHETHER THE PERSON IS WITHIN THE LIMITS OF THE JURISDICTION OF     328          

THE PERSON'S REGULAR EMPLOYMENT OR VOLUNTARY SERVICE WHEN          329          

RESPONDING, ON THE CONDITION THAT THE PERSON RESPONDS TO THE       330          

SITUATION AS THE PERSON OTHERWISE WOULD IF THE PERSON WERE ON      331          

DUTY IN THE PERSON'S JURISDICTION.                                              

      (i)  OFF-DUTY PEACE OFFICERS.  AS USED IN DIVISION           334          

(A)(1)(a)(i) OF THIS SECTION, "PEACE OFFICER" MEANS A MEMBER OF    335          

THE ORGANIZED POLICE DEPARTMENT OF ANY MUNICIPAL CORPORATION,      336          

INCLUDING A MEMBER OF THE ORGANIZED POLICE DEPARTMENT OF A         337          

                                                          9      

                                                                 
MUNICIPAL CORPORATION IN AN ADJOINING STATE SERVING IN OHIO UNDER  338          

A CONTRACT PURSUANT TO SECTION 737.04 OF THE REVISED CODE, MEMBER  340          

OF A POLICE FORCE EMPLOYED BY A METROPOLITAN HOUSING AUTHORITY     341          

UNDER DIVISION (D) OF SECTION 3735.31 OF THE REVISED CODE, MEMBER  344          

OF A POLICE FORCE EMPLOYED BY A REGIONAL TRANSIT AUTHORITY UNDER                

DIVISION (Y) OF SECTION 306.05 OF THE REVISED CODE, STATE          347          

UNIVERSITY LAW ENFORCEMENT OFFICER APPOINTED UNDER SECTION                      

3345.04 OF THE REVISED CODE, OHIO VETERANS' HOME POLICE OFFICER    349          

APPOINTED UNDER SECTION 5907.02 OF THE REVISED CODE, POLICE        351          

CONSTABLE OF ANY TOWNSHIP, POLICE OFFICER OF A TOWNSHIP OR JOINT   352          

TOWNSHIP POLICE DISTRICT, STATE HIGHWAY PATROL TROOPER, AND        353          

MEMBER OF A QUALIFIED NONPROFIT CORPORATION POLICE DEPARTMENT      354          

ESTABLISHED PURSUANT TO SECTION 1702.80 OF THE REVISED CODE.                    

      AS USED IN DIVISION (A)(1)(a) OF THIS SECTION WITH RESPECT   357          

TO OFF-DUTY PEACE OFFICERS, "JURISDICTION" MEANS THE LIMITS OF     358          

THE MUNICIPAL CORPORATION, TOWNSHIP, METROPOLITAN HOUSING                       

AUTHORITY HOUSING PROJECT, REGIONAL TRANSIT AUTHORITY FACILITIES   359          

OR AREAS OF A MUNICIPAL CORPORATION THAT HAVE BEEN AGREED TO BY A  360          

REGIONAL TRANSIT AUTHORITY AND A MUNICIPAL CORPORATION LOCATED     361          

WITHIN ITS TERRITORIAL JURISDICTION, COLLEGE, UNIVERSITY, OR OHIO  362          

VETERANS' HOME IN WHICH THE PEACE OFFICER IS APPOINTED, EMPLOYED,  363          

OR ELECTED.                                                                     

      (ii)  OFF-DUTY FIREFIGHTERS, WHETHER PAID OR VOLUNTEER, OF   365          

A LAWFULLY CONSTITUTED FIRE DEPARTMENT.  AS USED IN DIVISION       367          

(A)(1)(a) OF THIS SECTION WITH RESPECT TO OFF-DUTY FIREFIGHTERS,   368          

"JURISDICTION" MEANS THE LIMITS OF THE POLITICAL SUBDIVISION,      369          

JOINT AMBULANCE DISTRICT, FIRE DISTRICT, OR JOINT FIRE DISTRICT    370          

IN WHICH THE FIREFIGHTER IS APPOINTED OR EMPLOYED.                              

      (iii)  OFF-DUTY FIRST RESPONDERS, EMERGENCY MEDICAL          372          

TECHNICIANS-BASIC, EMERGENCY MEDICAL TECHNICIANS-INTERMEDIATE, OR  373          

EMERGENCY MEDICAL TECHNICIANS-PARAMEDIC, WHETHER PAID OR           374          

VOLUNTEER, OF AN AMBULANCE SERVICE ORGANIZATION OR EMERGENCY       375          

MEDICAL SERVICE ORGANIZATION PURSUANT TO CHAPTER 4765. OF THE      377          

REVISED CODE.  AS USED IN DIVISION (A)(1)(a) OF THIS SECTION WITH  379          

                                                          10     

                                                                 
RESPECT TO OFF-DUTY FIRST RESPONDERS AND EMERGENCY MEDICAL                      

TECHNICIANS, "JURISDICTION" MEANS THE LIMITS OF THE POLITICAL      380          

SUBDIVISION OR JOINT AMBULANCE DISTRICT IN WHICH THE FIRST         382          

RESPONDER OR EMERGENCY MEDICAL TECHNICIAN IS EMPLOYED OR           383          

VOLUNTEERS AS A FIRST RESPONDER OR EMERGENCY MEDICAL TECHNICIAN.   384          

      (b)  Every person in the service of any person, firm, or     386          

private corporation, including any public service corporation,     387          

that (i) employs one or more persons regularly in the same         388          

business or in or about the same establishment under any contract  389          

of hire, express or implied, oral or written, including aliens     390          

and minors, household workers who earn one hundred sixty dollars   391          

or more in cash in any calendar quarter from a single household    392          

and casual workers who earn one hundred sixty dollars or more in   393          

cash in any calendar quarter from a single employer, or (ii) is    394          

bound by any such contract of hire or by any other written         395          

contract, to pay into the state insurance fund the premiums        396          

provided by this chapter.                                          397          

      (c)  Every person who performs labor or provides services    400          

pursuant to a construction contract, as defined in section         401          

4123.79 of the Revised Code, if at least ten of the following                   

criteria apply:                                                                 

      (i)  The person is required to comply with instructions      404          

from the other contracting party regarding the manner or method    405          

of performing services;                                                         

      (ii)  The person is required by the other contracting party  408          

to have particular training;                                                    

      (iii)  The person's services are integrated into the         411          

regular functioning of the other contracting party;                412          

      (iv)  The person is required to perform the work             414          

personally;                                                                     

      (v)  The person is hired, supervised, or paid by the other   416          

contracting party;                                                              

      (vi)  A continuing relationship exists between the person    419          

and the other contracting party that contemplates continuing or    420          

                                                          11     

                                                                 
recurring work even if the work is not full time;                  421          

      (vii)  The person's hours of work are established by the     424          

other contracting party;                                                        

      (viii)  The person is required to devote full time to the    427          

business of the other contracting party;                                        

      (ix)  The person is required to perform the work on the      430          

premises of the other contracting party;                                        

      (x)  The person is required to follow the order of work set  433          

by the other contracting party;                                                 

      (xi)  The person is required to make oral or written         436          

reports of progress to the other contracting party;                437          

      (xii)  The person is paid for services on a regular basis    440          

such as hourly, weekly, or monthly;                                             

      (xiii)  The person's expenses are paid for by the other      442          

contracting party;                                                              

      (xiv)  The person's tools and materials are furnished by     445          

the other contracting party;                                                    

      (xv)  The person is provided with the facilities used to     447          

perform services;                                                               

      (xvi)  The person does not realize a profit or suffer a      450          

loss as a result of the services provided;                                      

      (xvii)  The person is not performing services for a number   453          

of employers at the same time;                                                  

      (xviii)  The person does not make the same services          455          

available to the general public;                                   456          

      (xix)  The other contracting party has a right to discharge  459          

the person;                                                                     

      (xx)  The person has the right to end the relationship with  462          

the other contracting party without incurring liability pursuant   463          

to an employment contract or agreement.                            464          

      Every person in the service of any independent contractor    466          

or subcontractor who has failed to pay into the state insurance    467          

fund the amount of premium determined and fixed by the             468          

administrator of workers' compensation for the person's            469          

                                                          12     

                                                                 
employment or occupation or if a self-insuring employer has        470          

failed to pay compensation and benefits directly to the            471          

employer's injured and to the dependents of the employer's killed  472          

employees as required by section 4123.35 of the Revised Code,      474          

shall be considered as the employee of the person who has entered  475          

into a contract, whether written or verbal, with such independent  476          

contractor unless such employees or their legal representatives    477          

or beneficiaries elect, after injury or death, to regard such      478          

independent contractor as the employer.                                         

      (2)  "Employee" does not mean:                               480          

      (a)  A duly ordained, commissioned, or licensed minister or  482          

assistant or associate minister of a church in the exercise of     483          

ministry; or                                                       484          

      (b)  Any officer of a family farm corporation.               486          

      Any employer may elect to include as an "employee" within    488          

this chapter, any person excluded from the definition of           489          

"employee" pursuant to division (A)(2) of this section.  If an     490          

employer is a partnership, sole proprietorship, or family farm     491          

corporation, such employer may elect to include as an "employee"   492          

within this chapter, any member of such partnership, the owner of  493          

the sole proprietorship, or the officers of the family farm        494          

corporation.  In the event of an election, the employer shall      495          

serve upon the bureau of workers' compensation written notice      496          

naming the persons to be covered, include such employee's          497          

remuneration for premium purposes in all future payroll reports,   498          

and no person excluded from the definition of "employee" pursuant  499          

to division (A)(2) of this section, proprietor, or partner shall   500          

be deemed an employee within this division until the employer has  501          

served such notice.                                                502          

      For informational purposes only, the bureau shall prescribe  504          

such language as it considers appropriate, on such of its forms    505          

as it considers appropriate, to advise employers of their right    506          

to elect to include as an "employee" within this chapter a sole    507          

proprietor, any member of a partnership, the officers of a family  508          

                                                          13     

                                                                 
farm corporation, or a person excluded from the definition of      509          

"employee" under division (A)(2)(a) of this section, that they     510          

should check any health and disability insurance policy, or other  511          

form of health and disability plan or contract, presently          512          

covering them, or the purchase of which they may be considering,   513          

to determine whether such policy, plan, or contract excludes       514          

benefits for illness or injury that they might have elected to     515          

have covered by workers' compensation.                             516          

      (B)  "Employer" means:                                       518          

      (1)  The state, including state hospitals, each county,      520          

municipal corporation, township, school district, and hospital     521          

owned by a political subdivision or subdivisions other than the    522          

state;                                                             523          

      (2)  Every person, firm, and private corporation, including  525          

any public service corporation, that (a) has in service one or     526          

more employees regularly in the same business or in or about the   527          

same establishment under any contract of hire, express or          528          

implied, oral or written, or (b) is bound by any such contract of  529          

hire or by any other written contract, to pay into the insurance   530          

fund the premiums provided by this chapter.                        531          

      All such employers are subject to this chapter.  Any member  533          

of a firm or association, who regularly performs manual labor in   534          

or about a mine, factory, or other establishment, including a      535          

household establishment, shall be considered an employee in        536          

determining whether such person, firm, or private corporation, or  537          

public service corporation, has in its service, one or more        538          

employees and the employer shall report the income derived from    539          

such labor to the bureau as part of the payroll of such employer,  540          

and such member shall thereupon be entitled to all the benefits    541          

of an employee.                                                    542          

      (C)  "Injury" includes any injury, whether caused by         544          

external accidental means or accidental in character and result,   545          

received in the course of, and arising out of, the injured         546          

employee's employment.  "Injury" does not include:                 547          

                                                          14     

                                                                 
      (1)  Psychiatric conditions except where the conditions      549          

have arisen from an injury or occupational disease;                550          

      (2)  Injury or disability caused primarily by the natural    553          

deterioration of tissue, an organ, or part of the body;            554          

      (3)  Injury or disability incurred in voluntary              556          

participation in an employer-sponsored recreation or fitness       557          

activity if the employee signs a waiver of the employee's right    558          

to compensation or benefits under this chapter prior to engaging   559          

in the recreation or fitness activity.                             560          

      (D)  "Child" includes a posthumous child and a child         562          

legally adopted prior to the injury.                               563          

      (E)  "Family farm corporation" means a corporation founded   565          

for the purpose of farming agricultural land in which the          566          

majority of the voting stock is held by and the majority of the    567          

stockholders are persons or the spouse of persons related to each  568          

other within the fourth degree of kinship, according to the rules  569          

of the civil law, and at least one of the related persons is       570          

residing on or actively operating the farm, and none of whose      571          

stockholders are a corporation.  A family farm corporation does    572          

not cease to qualify under this division where, by reason of any   573          

devise, bequest, or the operation of the laws of descent or        574          

distribution, the ownership of shares of voting stock is           575          

transferred to another person, as long as that person is within    576          

the degree of kinship stipulated in this division.                 577          

      (F)  "Occupational disease" means a disease contracted in    579          

the course of employment, which by its causes and the              580          

characteristics of its manifestation or the condition of the       581          

employment results in a hazard which distinguishes the employment  582          

in character from employment generally, and the employment                      

creates a risk of contracting the disease in greater degree and    583          

in a different manner from the public in general.                  584          

      (G)  "Self-insuring employer" means any of the following     586          

categories of employers if granted the privilege of paying         587          

compensation and benefits directly under section 4123.35 of the    588          

                                                          15     

                                                                 
Revised Code:                                                      589          

      (1)  Any employer mentioned in division (B)(2) of this       591          

section;                                                           592          

      (2)  A board of county hospital trustees;                    594          

      (3)  A publicly owned utility;                               596          

      (4)  A board of county commissioners for the sole purpose    598          

of constructing a sports facility as defined in section 307.696    599          

of the Revised Code, provided that the electors of the county in   600          

which the sports facility is to be built have approved                          

construction of a sports facility by ballot election no later      601          

than November 6, 1997.                                             602          

      Sec. 4123.46.  The (A)(1)  EXCEPT AS PROVIDED IN DIVISION    612          

(A)(2) OF THIS SECTION, THE bureau of workers' compensation shall               

disburse the state insurance fund to employees of employers who    613          

have paid into the fund the premiums applicable to the classes to  614          

which they belong when the employees have been injured in the      615          

course of their employment, wherever the injuries have occurred,   616          

and provided the injuries have not been purposely self-inflicted,  617          

or to the dependents of the employees in case death has ensued.    618          

      (2)  AS LONG AS INJURIES HAVE NOT BEEN PURPOSELY             620          

SELF-INFLICTED, THE BUREAU SHALL DISBURSE THE SURPLUS FUND         622          

CREATED UNDER SECTION 4123.34 OF THE REVISED CODE TO OFF-DUTY      623          

PEACE OFFICERS, FIREFIGHTERS, EMERGENCY MEDICAL TECHNICIANS, AND   624          

FIRST RESPONDERS, OR TO THEIR DEPENDENTS IF DEATH ENSUES, WHO ARE  625          

INJURED WHILE RESPONDING TO INHERENTLY DANGEROUS SITUATIONS THAT   626          

CALL FOR AN IMMEDIATE RESPONSE ON THE PART OF THE PERSON,          627          

REGARDLESS OF WHETHER THE PERSON WAS WITHIN THE LIMITS OF THE      629          

PERSON'S JURISDICTION WHEN RESPONDING, ON THE CONDITION THAT THE                

PERSON RESPONDS TO THE SITUATION AS THE PERSON OTHERWISE WOULD IF  630          

THE PERSON WERE ON DUTY IN THE PERSON'S JURISDICTION.              631          

      AS USED IN DIVISION (A)(2) OF THIS SECTION, "PEACE           633          

OFFICER," "FIREFIGHTER," "EMERGENCY MEDICAL TECHNICIAN," "FIRST    634          

RESPONDER," AND "JURISDICTION" HAVE THE SAME MEANINGS AS IN        635          

SECTION 4123.01 OF THE REVISED CODE.                                            

                                                          16     

                                                                 
      (B)  All self-insuring employers, in compliance with this    637          

chapter, shall pay the compensation to injured employees, or to    638          

the dependents of employees who have been killed in the course of  639          

their employment, unless the injury or death of the employee was   640          

purposely self-inflicted, and shall furnish the medical,           641          

surgical, nurse, and hospital care and attention or funeral        642          

expenses as would have been paid and furnished by virtue of this   643          

chapter under a similar state of facts by the bureau out of the    644          

state insurance fund if the employer had paid the premium into     645          

the fund.                                                          646          

      If any rule or regulation of a self-insuring employer        648          

provides for or authorizes the payment of greater compensation or  649          

more complete or extended medical care, nursing, surgical, and     650          

hospital attention, or funeral expenses to the injured employees,  651          

or to the dependents of the employees as may be killed, the        652          

employer shall pay to the employees, or to the dependents of       653          

employees killed, the amount of compensation and furnish the       654          

medical care, nursing, surgical, and hospital attention or         655          

funeral expenses provided by his THE SELF-INSURING EMPLOYER'S      656          

rules and regulations.                                             657          

      (C)  Payment to injured employees, or to their dependents    659          

in case death has ensued, is in lieu of any and all rights of      660          

action against the employer of the injured or killed employees.    661          

      Section 2.  That existing sections 4121.12, 4123.01, and     663          

4123.46 of the Revised Code are hereby repealed.                   664          

      Section 3.  Notwithstanding sections 4123.01 and 4123.46 of  666          

the Revised Code as amended by this act, the amendments to those   667          

sections as they apply to state university law enforcement         668          

officers appointed under section 3345.04 of the Revised Code,      669          

Ohio Veterans' Home police officers appointed under section        670          

5907.02 of the Revised Code, and state highway patrol troopers,    671          

shall take effect July 1, 1999, and apply to the claims of those   672          

persons that arise on and after that date for an injury or death   673          

that occurs on and after that date.                                674