As Re-referred to the Senate Insurance, Commerce           1            

                       and Labor Committee                         2            

123rd General Assembly                                             5            

   Regular Session                       Am. Sub. H. B. No. 180    6            

      1999-2000                                                    7            


    REPRESENTATIVES CORBIN-THOMAS-VESPER-CATES-HOOPS-BUEHRER-      9            

         CORE-HARRIS-BRITTON-BARRETT-PATTON-OPFER-JONES            10           


_________________________________________________________________                

                          A   B I L L                                           

             To amend sections 121.03, 3304.23, 3304.231,          12           

                4121.12, 4121.121, 4121.37, 4121.44, 4121.63,      13           

                4123.343, 4123.511, 4123.512, 4123.76, 4123.83,    14           

                5703.21, and 5747.18 and to enact section          15           

                4123.591 of the Revised Code to make                            

                appropriations for the Bureau of Workers'          16           

                Compensation for the biennium beginning July 1,                 

                1999, and ending June 30, 2001, to provide         17           

                authorization and conditions for the operation of  18           

                Bureau of Workers' Compensation programs, to                    

                rename the Head Injury Program the Brain Injury    19           

                Program, and to designate the Administrator of                  

                Workers' Compensation as a member of the Brain     20           

                Injury Advisory Committee in place of the          21           

                Industrial Commission Chairperson.                              




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 121.03, 3304.23, 3304.231,         25           

4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 4123.343, 4123.511,  27           

4123.512, 4123.76, 4123.83, 5703.21, and 5747.18 be amended and    28           

section 4123.591 of the Revised Code be enacted to read as                      

follows:                                                           29           

      Sec. 121.03.  The following administrative department heads  38           

shall be appointed by the governor, with the advice and consent    39           

of the senate, and shall hold their offices during the term of     40           

                                                          2      


                                                                 
the appointing governor, except as provided in division (W) of     42           

this section, and are subject to removal at the pleasure of the    43           

governor.                                                                       

      (A)  The director of budget and management;                  45           

      (B)  The director of commerce;                               47           

      (C)  The director of transportation;                         49           

      (D)  The director of agriculture;                            51           

      (E)  The director of human services;                         54           

      (F)  Until July 1, 1997, the director of liquor control;     56           

      (G)  The director of public safety;                          58           

      (H)  The superintendent of insurance;                        60           

      (I)  The director of development;                            62           

      (J)  The tax commissioner;                                   64           

      (K)  The director of administrative services;                66           

      (L)  The administrator of the bureau of employment           68           

services;                                                          69           

      (M)  The director of natural resources;                      71           

      (N)  The director of mental health;                          73           

      (O)  The director of mental retardation and developmental    75           

disabilities;                                                      76           

      (P)  The director of health;                                 78           

      (Q)  The director of youth services;                         80           

      (R)  The director of rehabilitation and correction;          82           

      (S)  The director of environmental protection;               84           

      (T)  The director of aging;                                  86           

      (U)  The director of alcohol and drug addiction services;    88           

      (W)(V)  The administrator of workers' compensation who       90           

meets the qualifications required under division (A) of section    91           

4121.121 of the Revised Code, who shall serve as administrator,    92           

subject to removal at the pleasure of the governor, until the      93           

date the workers' compensation oversight commission appoints the   95           

administrator as provided in division (F)(10) of section 4121.12   97           

of the Revised Code.                                                            

      Sec. 3304.23.  (A)  There is hereby created in the           106          

                                                          3      


                                                                 
rehabilitation services commission a head BRAIN injury program     107          

consisting of a program director and at least one support staff    108          

person.                                                            109          

      (B)  To the extent that funds are available, the head BRAIN  111          

injury program may do the following:                               112          

      (1)  Identify existing services in this state to assist      114          

survivors and families of survivors of head BRAIN injury;          115          

      (2)  Promote the coordination of services for survivors and  117          

families of survivors of head BRAIN injury;                        118          

      (3)  Explore options for delivery of services to survivors   120          

and families of survivors of head BRAIN injury;                    121          

      (4)  Explore the establishment of a traumatic brain injury   123          

incidence reporting system to collect information on the           124          

incidence and character of traumatic brain injury in this state;   125          

      (5)  Promote practices that will reduce the incidence of     127          

head BRAIN injury;                                                 128          

      (6)  Develop training programs on dealing with head BRAIN    130          

injury and the special needs of survivors of head BRAIN injury;    131          

      (7)  Identify sources of available funds for services for    133          

survivors and families of survivors of head BRAIN injury;          134          

      (8)  Explore options for the delivery of case management     136          

services to residents of this state who are survivors of head      137          

BRAIN injury;                                                      138          

      (9)  Provide assistance to assure that services for          140          

survivors and families of survivors of head BRAIN injury are all   141          

of the following:                                                  142          

      (a)  Designed to enhance the survivor's ability to lead an   144          

independent and productive life;                                   145          

      (b)  Available within close proximity of the survivor's      147          

home;                                                              148          

      (c)  Provided in the least restrictive environment;          150          

      (d)  Appropriate to the unique needs of the survivor.        152          

      (C)  The staff of the head BRAIN injury program shall        154          

prepare a biennial report on the incidence of head BRAIN injury    155          

                                                          4      


                                                                 
in this state that shall be submitted to the administrator of the  157          

rehabilitation services commission on or before December 15,       158          

1992, and every two years thereafter.  A copy of the report shall  159          

be submitted to the head BRAIN injury advisory committee created   160          

under section 3304.231 of the Revised Code.                        161          

      Sec. 3304.231.  There is hereby created a head BRAIN injury  170          

advisory committee, which shall advise the administrator of the    172          

rehabilitation services commission and the head BRAIN injury       173          

program with regard to unmet needs of survivors of head BRAIN      175          

injury, development of programs for survivors and their families,  176          

establishment of training programs for health care professionals,  177          

and any other matter within the province of the head BRAIN injury  179          

program.  The committee shall consist of not less than eighteen    181          

and not more than twenty-one members as follows:                   182          

      (A)  Not less than ten and not more than twelve members      184          

appointed by the administrator of the rehabilitation services      185          

commission, including all of the following:  a survivor of head    186          

BRAIN injury, a relative of a survivor of head BRAIN injury, a     188          

licensed physician recommended by the Ohio chapter of the          190          

American college of emergency physicians, a licensed physician     191          

recommended by the Ohio state medical association, one other       192          

health care professional, a rehabilitation professional, an        193          

individual who represents the national head BRAIN injury           194          

foundation/Ohio, inc. ASSOCIATION OF OHIO, and not less than       196          

three nor more than five individuals who shall represent the       197          

public;                                                                         

      (B)  The directors of the departments of health, alcohol     199          

and drug addiction services, mental retardation and developmental  200          

disabilities, mental health, human services, and highway safety;   201          

the chairperson of the industrial commission ADMINISTRATOR OF      202          

WORKERS' COMPENSATION; the superintendent of public instruction;   205          

and the administrator of the rehabilitation services commission.   206          

Any of the officials specified in this division may designate an   207          

individual to serve in the official's place as a member of the     209          

                                                          5      


                                                                 
committee.                                                                      

      The director of health shall make initial appointments to    211          

the committee by November 1, 1990.  Appointments made after July   213          

26, 1991, shall be made by the administrator of the                215          

rehabilitation services commission. Terms of office shall be two   216          

years.  Members may be reappointed. Vacancies shall be filled in   217          

the manner provided for original appointments.  Any member         218          

appointed to fill a vacancy occurring prior to the expiration      219          

date of the term for which the member's predecessor was appointed  220          

shall hold office as a member for the remainder of that term.      221          

      Members of the committee shall serve without compensation,   224          

but shall be reimbursed for actual and necessary expenses                       

incurred in the performance of their duties.                       225          

      Sec. 4121.12.  (A)  There is hereby created the workers'     234          

compensation oversight commission consisting of nine members, of   235          

which members the governor shall appoint five with the advice and  236          

consent of the senate.  Of the five members the governor           237          

appoints, two shall be individuals who, on account of their        239          

previous vocation, employment, or affiliations, can be classed as  240          

representative of employees, at least one of whom is                            

representative of employees who are members of an employee         241          

organization; two shall be individuals who, on account of their    242          

previous vocation, employment, or affiliations, can be classed as  243          

representative of employers, one of whom represents self-insuring  244          

employers and one of whom has experience as an employer in         245          

compliance with section 4123.35 of the Revised Code other than a   246          

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

shall represent employers whose employees are not members of an    247          

employee organization; and one shall represent the public and      248          

also be an individual who, on account of the individual's          249          

previous vocation, employment, or affiliations, cannot be classed  250          

as either predominantly representative of employees or of          251          

employers.  The governor shall select the chairperson of the       252          

commission who shall serve as chairperson at the pleasure of the   253          

                                                          6      


                                                                 
governor.  No more than three members appointed by the governor    255          

shall belong to or be affiliated with the same political party.    256          

      Each of these five members shall have at least three years'  258          

experience in the field of insurance, finance, workers'            259          

compensation, law, accounting, actuarial, personnel, investments,  260          

or data processing, or in the management of an organization whose  261          

size is commensurate with that of the bureau of workers'           262          

compensation.  At least one of these five members shall be an      263          

attorney licensed under Chapter 4705. of the Revised Code to       264          

practice law in this state.                                        265          

      (B)  Of the initial appointments made to the commission,     268          

the governor shall appoint one member who represents employees to  269          

a term ending one year after September 1, 1995, one member who     270          

represents employers to a term ending two years after September    272          

1, 1995, the member who represents the public to a term ending     274          

three years after September 1, 1995, one member who represents                  

employees to a term ending four years after September 1, 1995,     276          

and one member who represents employers to a term ending five      277          

years after September 1, 1995.  Thereafter, terms of office shall               

be for five years, with each term ending on the same day of the    278          

same month as did the term that it succeeds.  Each member shall    279          

hold office from the date of the member's appointment until the    280          

end of the term for which the member was appointed.                282          

      The governor shall not appoint any person to more than two   284          

full terms of office on the commission.  This restriction does     285          

not prevent the governor from appointing a person to fill a        286          

vacancy caused by the death, resignation, or removal of a          287          

commission member and also appointing that person twice to full    288          

terms on the commission, or from appointing a person previously    289          

appointed to fill less than a full term twice to full terms on     290          

the commission.  Any member appointed to fill a vacancy occurring  291          

prior to the expiration date of the term for which the member's    293          

predecessor was appointed shall hold office as a member for the                 

remainder of that term.  A member shall continue in office         294          

                                                          7      


                                                                 
subsequent to the expiration date of the member's term until a     295          

successor takes office or until a period of sixty days has         296          

elapsed, whichever occurs first.                                   297          

      (C)  In making appointments to the commission, the governor  299          

shall select the members from the list of names submitted by the   301          

workers' compensation oversight commission nominating committee    302          

pursuant to this division.  Within fourteen days after the         303          

governor calls the initial meeting of the nominating committee                  

pursuant to division (C) of section 4121.123 of the Revised Code,  304          

the nominating committee shall submit to the governor, for the     305          

initial appointments, a list containing four separate names for    306          

each of the members on the commission.  Within fourteen days       308          

after the submission of the list, the governor shall appoint       309          

individuals from the list.                                                      

      For the appointment of the member who is representative of   311          

employees who are members of an employee organization, both for    312          

initial appointments and for the filling of vacancies, the list    313          

of four names submitted by the nominating committee shall be       314          

comprised of four individuals who are members of the executive     315          

committee of the largest statewide labor federation.                            

      Thereafter, within sixty days after a vacancy occurring as   318          

a result of the expiration of a term and within thirty days after  319          

other vacancies occurring on the commission, the nominating                     

committee shall submit a list containing four names for each       320          

vacancy.  Within fourteen days after the submission of the list,   321          

the governor shall appoint individuals from the list.  With        322          

respect to the filling of vacancies, the nominating committee      323          

shall provide the governor with a list of four individuals who     324          

are, in the judgment of the nominating committee, the most fully   325          

qualified to accede to membership on the commission.  The          326          

nominating committee shall not include the name of an individual   327          

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

that individual by the governor would result in more than three    328          

members of the commission belonging to or being affiliated with    329          

                                                          8      


                                                                 
the same political party.  The committee shall include on the      330          

list for the filling of vacancies only the names of attorneys      331          

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

requirement of division (A) of section 4121.12 of the Revised      332          

Code, the vacancy must be filled by an attorney.                   333          

      In order for the name of an individual to be submitted to    335          

the governor under this division, the nominating committee shall   336          

approve the individual by an affirmative vote of a majority of     337          

its members.                                                                    

      (D)  The remaining four members of the commission shall be   340          

the chairperson and ranking minority member of the standing        341          

committees of the house of representatives and of the senate to                 

which legislation concerning this chapter and Chapters 4123.,      342          

4127., and 4131. of the Revised Code normally are referred, or a   344          

designee of the chairperson or ranking minority member, provided   345          

that the designee is a member of the standing committee.           346          

Legislative members shall serve during the session of the general  347          

assembly to which they are elected and for as long as they are     348          

members of the general assembly.  Legislative members shall serve  349          

in an advisory capacity to the commission and shall have no        350          

voting rights on matters coming before the commission.             351          

Membership on the commission by legislative members shall not be                

deemed as holding a public office.                                 352          

      (E)  All members of the commission shall receive their       355          

reasonable and necessary expenses pursuant to section 126.31 of    356          

the Revised Code while engaged in the performance of their duties  358          

as members.  Legislative members also shall receive fifty dollars  359          

per meeting that they attend.  Members appointed by the governor   360          

also shall receive an annual salary as follows:                                 

      (1)  On and before August 31, 1998, not to exceed six        363          

thousand dollars payable at the rate of five hundred dollars per   364          

month.  A member shall receive the monthly five hundred dollar     365          

salary only if the member has attended at least one meeting of     367          

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

                                                          9      


                                                                 
than the monthly five hundred dollar salary regardless of the      368          

number of meetings held by the commission during a month or the    369          

number of meetings in excess of one within a month that the        370          

member attends.                                                                 

      (2)  After August 31, 1998, not to exceed eighteen thousand  373          

dollars payable on the following basis:                                         

      (a)  Except as provided in division (E)(2)(b) of this        376          

section, a member shall receive two thousand dollars during a      378          

month in which the member attends one or more meetings of the      380          

commission and shall receive no payment during a month in which    381          

the member attends no meeting of the commission.                   382          

      (b)  A member may receive no more than the annual eighteen   384          

thousand dollar salary regardless of the number of meetings held   386          

by the commission during a year or the number of meetings in       388          

excess of nine within a year that the member attends.              390          

      The chairperson of the commission shall set the meeting      392          

dates of the commission as necessary to perform the duties of the  393          

commission under this chapter and Chapters 4123., 4127., and       394          

4131. of the Revised Code.  The commission shall meet at least     395          

nine times during the period commencing on the first day of        397          

September and ending on the thirty-first day of August of the      398          

following year.  The administrator of workers' compensation shall  399          

provide professional and clerical assistance to the commission,    401          

as the commission considers appropriate.                           402          

      (F)  The commission shall:                                   404          

      (1)  Review progress of the bureau in meeting its cost and   407          

quality objectives and in complying with this chapter and          408          

Chapters 4123., 4127., and 4131. of the Revised Code;              409          

      (2)  Issue an annual report on the cost and quality          411          

objectives of the bureau to the president of the senate, the       413          

speaker of the house of representatives, and the governor;         414          

      (3)  Review all independent financial audits of the bureau.  416          

The administrator shall provide access to records of the bureau    417          

to facilitate the review required under this division.             418          

                                                          10     


                                                                 
      (4)  Study issues as requested by the administrator or the   420          

governor;                                                                       

      (5)  Contract with an independent actuarial firm to assist   422          

the commission in making recommendations to the administrator      423          

regarding premium rates;                                                        

      (6)  Establish objectives, policies, and criteria for the    426          

administration of the investment program that include asset        428          

allocation targets and ranges, risk factors, asset class                        

benchmarks, time horizons, total return objectives, and            429          

performance evaluation guidelines, and monitor the                 431          

administrator's progress in implementing the objectives,           432          

policies, and criteria on a quarterly basis.  The commission                    

shall publish the objectives, policies, and criteria no less than  434          

annually and shall make copies available to interested parties.    435          

The commission shall prohibit, on a prospective basis, specific    437          

investment activity it finds to be contrary to its investment                   

objectives, policies, and criteria.                                438          

      The investment policy in existence on March 7, 1997, shall   441          

continue until the commission approves objectives, policies, and                

criteria for the administration of the investment program          442          

pursuant to this section.                                          443          

      (7)  Advise and consent on all of the following:             445          

      (a)  Administrative rules the administrator submits to it    448          

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

Code for the classification of occupations or industries, for      450          

premium rates and contributions, for the amount to be credited to  451          

the surplus fund, for rules and systems of rating, rate            452          

revisions, and merit rating;                                                    

      (b)  The overall policy of the bureau of workers'            455          

compensation as set by the administrator;                                       

      (c)  The duties and authority conferred upon the             457          

administrator pursuant to section 4121.37 of the Revised Code;     458          

      (d)  Rules the administrator adopts for the health           460          

partnership program and the qualified health plan system, as       461          

                                                          11     


                                                                 
provided in sections 4121.44, 4121.441, and 4121.442 of the        462          

Revised Code.                                                                   

      (8)  Perform all duties required under section 4121.125 of   464          

the Revised Code;                                                  465          

      (9)  After August 31, 2000, appoint an administrator who     467          

meets the qualifications required under section 4121.121 of the    469          

Revised Code and fix the salary of the administrator, the amount   471          

of which the commission shall base upon the experience of the      473          

administrator and the responsibilities and duties of the                        

administrator pursuant to this chapter and Chapters 4123., 4127.,  474          

and 4131. of the Revised Code.                                     475          

      (G)  The commission may enter into an employment contract    477          

with an administrator it appoints, provided that the contract      478          

does not exceed two years in length.                               479          

      (H)  As used in this section, "employee organization" means  481          

any labor or bona fide organization in which employees             483          

participate and which exists for the purpose, in whole or in       485          

part, of dealing with employers concerning grievances, labor       486          

disputes, wages, hours, terms and other conditions of employment.  487          

      Sec. 4121.121.  (A)  There is hereby created the bureau of   496          

workers' compensation, which shall be administered by the          497          

administrator of workers' compensation.  A person appointed to     498          

the position of administrator shall possess significant            499          

management experience in effectively managing an organization or   500          

organizations of substantial size and complexity.  The governor    501          

shall appoint the administrator as provided in section 121.03 of                

the Revised Code, and the administrator shall serve at the         503          

pleasure of the governor.  The governor shall fix the                           

administrator's salary on the basis of the administrator's         505          

experience and the administrator's responsibilities and duties     506          

under this chapter and Chapter CHAPTERS 4123., 4127., and 4131.    507          

of the Revised Code.  The governor shall not appoint to the        508          

position of administrator any person who has, or whose spouse      509          

has, given a contribution to the campaign committee of the         510          

                                                          12     


                                                                 
governor in an amount greater than one thousand dollars during     511          

the two-year period immediately preceding the date of the          512          

appointment of the administrator.  After August 31, 2000, the      513          

workers' compensation oversight commission shall appoint the       514          

administrator as provided in division (F)(9) of section 4121.12    515          

of the Revised Code, and the administrator shall serve at the      516          

pleasure of the oversight commission.  The oversight commission    517          

shall fix the administrator's salary on the basis of the           518          

administrator's experience and the administrator's                 519          

responsibilities and duties under this chapter and Chapters        520          

4123., 4127., and 4131. of the Revised Code.                       521          

      The administrator shall hold no other public office and      523          

shall devote full time to the duties of administrator.  Before     525          

entering upon the duties of the office, the administrator shall    526          

take an oath of office as required by sections 3.22 and 3.23 of    527          

the Revised Code, and shall file in the office of the secretary    528          

of state, a bond signed by the administrator and by surety                      

approved by the governor, for the sum of fifty thousand dollars    529          

payable to the state, conditioned upon the faithful performance    530          

of the administrator's duties.                                     531          

      (B)  The administrator is responsible for the management of  534          

the bureau of workers' compensation and for the discharge of all   535          

administrative duties imposed upon the administrator in this       536          

chapter and Chapters 4123., 4127., and 4131. of the Revised Code,  537          

and in the discharge thereof shall do all of the following:        538          

      (1)  Establish the overall administrative policy of the      541          

bureau for the purposes of this chapter and Chapters 4123.,                     

4127., and 4131. of the Revised Code, and perform all acts and     542          

exercise all authorities and powers, discretionary and otherwise   544          

that are required of or vested in the bureau or any of its         545          

employees in this chapter and Chapters 4123., 4127., and 4131. of  546          

the Revised Code, except the acts and the exercise of authority    547          

and power that is required of and vested in the oversight          548          

commission or the industrial commission pursuant to those          549          

                                                          13     


                                                                 
chapters.  The treasurer of state shall honor all warrants signed  550          

by the administrator, or by one or more of the administrator's     551          

employees, authorized by the administrator in writing, or bearing  553          

the facsimile signature of the administrator or such employee      554          

under sections 4123.42 and 4123.44 of the Revised Code.            555          

      (2)  Employ, direct, and supervise all employees required    557          

in connection with the performance of the duties assigned to the   558          

bureau by this chapter and Chapters 4123., 4127., and 4131. of     559          

the Revised Code, and may establish job classification plans and   560          

compensation for all employees of the bureau provided that this    561          

grant of authority shall not be construed as affecting any         562          

employee for whom the state employment relations board has         563          

established an appropriate bargaining unit under section 4117.06   564          

of the Revised Code.  All positions of employment in the bureau    565          

are in the classified civil service except those employees the     566          

administrator may appoint to serve at the administrator's          567          

pleasure in the unclassified civil service pursuant to section     568          

124.11 of the Revised Code.  The administrator shall fix the       569          

salaries of employees the administrator appoints to serve at the   571          

administrator's pleasure, including the chief operating officer,   572          

staff physicians, and other senior management personnel of the                  

bureau and shall establish the compensation of staff attorneys of  573          

the bureau's legal section and their immediate supervisors, and    574          

take whatever steps are necessary to provide adequate              575          

compensation for other staff attorneys.                            576          

      The administrator may appoint a person holding a certified   578          

position in the classified service to any state position in the    579          

unclassified service of the bureau of workers' compensation.  A    580          

person so appointed shall retain the right to resume the position  582          

and status held by the person in the classified service                         

immediately prior to the person's appointment in the unclassified  584          

service.  If the position the person previously held has been      585          

filled or placed in the unclassified service, or is otherwise      586          

unavailable, the person shall be appointed to a position in the    587          

                                                          14     


                                                                 
classified service within the bureau that the department of        588          

administrative services certifies is comparable in compensation                 

to the position the person previously held.  Reinstatement to a    589          

position in the classified service shall be to a position          590          

substantially equal to that held previously, as certified by the   591          

department of administrative services.  Service in the position    592          

in the unclassified service shall be counted as service in the     594          

position in the classified service held by the person immediately  595          

prior to the person's appointment in the unclassified service.     596          

when WHEN a person is reinstated to a position in the classified   598          

service as provided in this section, the person is entitled to     599          

all rights, status, and benefits accruing to the position during   600          

the person's time of service in the position in the unclassified   601          

service.                                                           602          

      (3)  Reorganize the work of the bureau, its sections,        604          

departments, and offices to the extent necessary to achieve the    605          

most efficient performance of its functions and to that end may    606          

establish, change, or abolish positions and assign and reassign    607          

duties and responsibilities of every employee of the bureau.  All  608          

persons employed by the commission in positions that, after        609          

November 3, 1989, are supervised and directed by the               610          

administrator under this section are transferred to the bureau in  611          

their respective classifications but subject to reassignment and   612          

reclassification of position and compensation as the               613          

administrator determines to be in the interest of efficient        614          

administration.  The civil service status of any person employed   615          

by the commission is not affected by this section.  Personnel      616          

employed by the bureau or the commission who are subject to        617          

Chapter 4117. of the Revised Code shall retain all of their        618          

rights and benefits conferred pursuant to that chapter as it       619          

presently exists or is hereafter amended and nothing in this       620          

chapter or Chapter 4123. of the Revised Code shall be construed    621          

as eliminating or interfering with Chapter 4117. of the Revised    622          

Code or the rights and benefits conferred under that chapter to    623          

                                                          15     


                                                                 
public employees or to any bargaining unit.                        624          

      (4)  Provide offices, equipment, supplies, and other         626          

facilities for the bureau.  The administrator also shall provide   628          

suitable office space in the service offices for the district      629          

hearing officers, the staff hearing officers, and commission       630          

employees as requested by the commission.                                       

      (5)  Prepare and submit to the oversight commission          632          

information the administrator considers pertinent or the           633          

oversight commission requires, together with the administrator's   635          

recommendations, in the form of administrative rules, for the      636          

advice and consent of the oversight commission, for                637          

classifications of occupations or industries, for premium rates    638          

and contributions, for the amount to be credited to the surplus    639          

fund, for rules and systems of rating, rate revisions, and merit   640          

rating.  The administrator shall obtain, prepare, and submit any   641          

other information the oversight commission requires for the        643          

prompt and efficient discharge of its duties.                                   

      (6)  Keep the accounts required by division (A) of section   645          

4123.34 of the Revised Code and all other accounts and records     646          

necessary to the collection, administration, and distribution of   647          

the workers' compensation funds and shall obtain the statistical   648          

and other information required by section 4123.19 of the Revised   649          

Code.                                                              650          

      (7)  Exercise the investment powers vested in the            652          

administrator by section 4123.44 of the Revised Code in            653          

accordance with the investment objectives, policies, and criteria  655          

established by the oversight commission pursuant to section        656          

4121.12 of the Revised Code.  The administrator shall not engage   657          

in any prohibited investment activity specified by the oversight   658          

commission pursuant to division (F)(6) of section 4121.12 of the   659          

Revised Code.  All business shall be transacted, all funds         660          

invested, all warrants for money drawn and payments made, and all  661          

cash and securities and other property held, in the name of the    662          

bureau, or in the name of its nominee, provided that nominees are               

                                                          16     


                                                                 
authorized by the administrator solely for the purpose of          664          

facilitating the transfer of securities, and restricted to the     665          

administrator and designated employees.                            666          

      (8)  Make contracts for and supervise the construction of    669          

any project or improvement or the construction or repair of        670          

buildings under the control of the bureau.                         671          

      (9)  Purchase supplies, materials, equipment, and services;  673          

make contracts for, operate, and superintend the telephone, other  674          

telecommunication, and computer services for the use of the        675          

bureau; and make contracts in connection with office               676          

reproduction, forms management, printing, and other services.      677          

Notwithstanding sections 125.12 to 125.14 of the Revised Code,     678          

the administrator may transfer surplus computers and computer                   

equipment directly to an accredited public school within the       679          

state.  The computers and computer equipment may be repaired or    680          

refurbished prior to the transfer.                                 681          

      (10)  Separately from the budget the industrial commission   684          

submits, prepare and submit to the director of budget and          685          

management a budget for each biennium.  The budget submitted       686          

shall include estimates of the costs and necessary expenditures    687          

of the bureau in the discharge of any duty imposed by law as well  688          

as the costs of furnishing office space to the district hearing    689          

officers, staff hearing officers, and commission employees under   690          

division (D) of this section.                                      691          

      (11)  As promptly as possible in the course of efficient     693          

administration, decentralize and relocate such of the personnel    694          

and activities of the bureau as is appropriate to the end that     695          

the receipt, investigation, determination, and payment of claims   696          

may be undertaken at or near the place of injury or the residence  697          

of the claimant and for that purpose establish regional offices,   698          

in such places as the administrator considers proper, capable of   700          

discharging as many of the functions of the bureau as is           701          

practicable so as to promote prompt and efficient administration   702          

in the processing of claims.  All active and inactive lost-time    703          

                                                          17     


                                                                 
claims files shall be held at the service office responsible for   704          

the claim.  A claimant, at the claimant's request, shall be        705          

provided with information by telephone as to the location of the   707          

file pertaining to claim.  The administrator shall ensure that     708          

all service office employees report directly to the director for   709          

their service office.                                                           

      (12)  Provide a written binder on new coverage where the     711          

administrator considers it to be in the best interest of the       712          

risk.  The administrator, or any other person authorized by the    713          

administrator, shall grant the binder upon submission of a         715          

request for coverage by the employer.  A binder is effective for   716          

a period of thirty days from date of issuance and is               717          

nonrenewable.  Payroll reports and premium charges shall coincide  718          

with the effective date of the binder.                             719          

      (13)  Set standards for the reasonable and maximum handling  721          

time of claims payment functions, ensure, by rules, the impartial  722          

and prompt treatment of all claims and employer risk accounts,     723          

and establish a secure, accurate method of time stamping all       724          

incoming mail and documents hand delivered to bureau employees.    725          

      (14)  Ensure that all employees of the bureau follow the     727          

orders and rules of the commission as such orders and rules        728          

relate to the commission's overall adjudicatory policy-making and  729          

management duties under this chapter and Chapters 4123., 4127.,    730          

and 4131. of the Revised Code.                                     731          

      (15)  Manage and operate a data processing system with a     733          

common data base for the use of both the bureau and the            734          

commission and, in consultation with the commission, using         735          

electronic data processing equipment, shall develop a claims       736          

tracking system that is sufficient to monitor the status of a      737          

claim at any time and that lists appeals that have been filed and  738          

orders or determinations that have been issued pursuant to         739          

section 4123.511 or 4123.512 of the Revised Code, including the    740          

dates of such filings and issuances.                               741          

      (16)  Establish and maintain a medical section within the    743          

                                                          18     


                                                                 
bureau.  The medical section shall do all of the following:        744          

      (a)  Assist the administrator in establishing standard       746          

medical fees, approving medical procedures, and determining        747          

eligibility and reasonableness of the compensation payments for    748          

medical, hospital, and nursing services, and in establishing       749          

guidelines for payment policies which recognize usual, customary,  750          

and reasonable methods of payment for covered services;            751          

      (b)  Provide a resource to respond to questions from claims  753          

examiners for employees of the bureau;                             754          

      (c)  Audit fee bill payments;                                756          

      (d)  Implement a program to utilize, to the maximum extent   758          

possible, electronic data processing equipment for storage of      759          

information to facilitate authorizations of compensation payments  760          

for medical, hospital, drug, and nursing services;                 761          

      (e)  Perform other duties assigned to it by the              763          

administrator.                                                     764          

      (17)  Appoint, as the administrator determines necessary,    766          

panels to review and advise the administrator on disputes arising  768          

over a determination that a health care service or supply          769          

provided to a claimant is not covered under this chapter or        770          

Chapter 4123. of the Revised Code or is medically unnecessary.     771          

If an individual health care provider is involved in the dispute,  772          

the panel shall consist of individuals licensed pursuant to the    773          

same section of the Revised Code as such health care provider.     774          

      (18)  Pursuant to section 4123.65 of the Revised Code,       776          

approve applications for the final settlement of claims for        777          

compensation or benefits under this chapter and Chapters 4123.,    778          

4127., and 4131. of the Revised Code as the administrator          779          

determines appropriate, except in regard to the applications of    781          

self-insuring employers and their employees.                       782          

      (19)  Comply with section 3517.13 of the Revised Code, and   784          

except in regard to contracts entered into pursuant to the         786          

authority contained in section 4121.44 of the Revised Code,                     

comply with the competitive bidding procedures set forth in the    788          

                                                          19     


                                                                 
Revised Code for all contracts into which the administrator        789          

enters provided that those contracts fall within the type of       790          

contracts and dollar amounts specified in the Revised Code for     791          

competitive bidding and further provided that those contracts are               

not otherwise specifically exempt from the competitive bidding     792          

procedures contained in the Revised Code.                          793          

      (20)  Adopt, with the advice and consent of the oversight    795          

commission, rules for the operation of the bureau.                 796          

      (21)  Prepare and submit to the oversight commission         798          

information the administrator considers pertinent or the           799          

oversight commission requires, together with the administrator's   800          

recommendations, in the form of administrative rules, for the      801          

advice and consent of the oversight commission, for the health     802          

partnership program and the qualified health plan system, as                    

provided in sections 4121.44, 4121.441, and 4121.442 of the        803          

Revised Code.                                                                   

      (C)  The administrator, with the advice and consent of the   805          

senate, shall appoint a chief operating officer who has            807          

significant experience in the field of workers' compensation       808          

insurance or other similar insurance industry experience if the                 

administrator does not possess such experience.  The chief         809          

operating officer shall not commence the chief operating           810          

officer's duties until after the senate consents to the chief      811          

operating officer's appointment.  The chief operating officer      812          

shall serve in the unclassified civil service of the state.        813          

      Sec. 4121.37.  The administrator of workers' compensation    822          

having, by virtue of Section 35 of Article II, Ohio Constitution,  823          

the expenditure of the fund therein created for the investigation  824          

and prevention of industrial accidents and diseases, shall, with   825          

the advice and consent of the workers' compensation oversight      826          

commission, in the exercise of the administrator's authority and   827          

in the performance of the administrator's duty, employ a           828          

superintendent and the necessary experts, engineers,                            

investigators, clerks, and stenographers for the efficient         829          

                                                          20     


                                                                 
operation of a division of safety and hygiene of the bureau of     830          

workers' compensation, which is hereby created.                    831          

      The general assembly hereby declares that in furtherance of  833          

the authority granted to the administrator pursuant to Section 35  834          

of Article II, Ohio Constitution, and to encourage public          835          

employers to operate and maintain safe places of employment for    836          

public employees of this state, the administrator, with the        838          

advice and consent of the oversight commission, may transfer       839          

funds, certified as provided in section 126.07 of the Revised      841          

Code, from the safety and hygiene fund to the occupational safety  843          

loan fund created in section 4121.48 of the Revised Code, for the  844          

purposes of that section.                                          845          

      The administrator of workers' compensation, with the advice  848          

and consent of the oversight commission, shall pay into the                     

safety and hygiene fund, which is hereby created in the state      850          

treasury, the portion of the contributions paid by employers,      851          

calculated as though all employers paid premiums based upon        852          

payroll, not to exceed three-fourths of one ONE per cent thereof   853          

in any year, as is necessary for the payment of the salary of the  854          

superintendent of the division of safety and hygiene and the       855          

compensation of the other employees of the division of safety and  856          

hygiene, and the expenses of investigations and researches for     857          

the prevention of industrial accidents and diseases.  All          858          

investment earning of the fund shall be credited to the fund.      859          

The administrator has the same powers to invest any of the funds   860          

belonging to the fund as are delegated to the administrator under  861          

section 4123.44 of the Revised Code with respect to the state      862          

insurance fund.  The superintendent, under the direction of the    864          

administrator, with the advice and consent of the oversight        865          

commission, shall conduct investigations and researches for the                 

prevention of industrial accidents and diseases, conduct loss      866          

prevention programs and courses for employers, establish and       867          

administrate cooperative programs with employers for the purchase  868          

of individual safety equipment for employees, and print and        869          

                                                          21     


                                                                 
distribute information as may be of benefit to employers and       870          

employees.  The administrator shall pay from the safety and        871          

hygiene fund the salary of the superintendent of the division of   872          

safety and hygiene, the compensation of the other employees of     874          

the division of safety and hygiene, the expenses necessary or      875          

incidental to investigations and researches for the prevention of  876          

industrial accidents and diseases, and the cost of printing and    878          

distributing such information.                                                  

      The superintendent, under the direction of the               880          

administrator, shall prepare an annual report, addressed to the    881          

governor, on the amount of the expenditures and the purposes for   882          

which they have been made, and the results of the investigations   883          

and researches.  The administrator shall include the               884          

administrative costs, salaries, and other expenses of the          885          

division of safety and hygiene as a part of the budget of the      886          

bureau of workers' compensation that is submitted to the director  888          

of budget and management and shall identify those expenditures                  

separately from other bureau expenditures.                         889          

      The superintendent shall be a competent person with at       891          

least five years' experience in industrial accident or disease     892          

prevention work.  The superintendent and up to six positions in    893          

the division of safety and hygiene as the administrator, with the  894          

advice and consent of the oversight commission, designates are in  895          

the unclassified civil service of the state as long as the         896          

administrator, with the advice and consent of the oversight        897          

commission, determines the positions subordinate to the            898          

superintendent are primarily and distinctively administrative,     899          

managerial, or professional in character.  All other full-time     900          

employees of the division of safety and hygiene are in the         901          

classified civil service of the state.                             902          

      Sec. 4121.44.  (A)  The administrator of workers'            911          

compensation shall oversee the implementation of the Ohio          912          

workers' compensation qualified health plan system as established  913          

under section 4121.442 of the Revised Code.                        914          

                                                          22     


                                                                 
      (B)  The administrator shall direct the implementation of    917          

the health partnership program administered by the bureau as set   918          

forth in section 4121.441 of the Revised Code.  To implement the   919          

health partnership program, the bureau:                                         

      (1)  Shall certify one or more external vendors to provide   921          

medical management and cost containment services in the health     922          

partnership program for a period of two years beginning on the     924          

date of certification, consistent with the standards established   925          

under this section;                                                             

      (2)  May recertify external vendors for an additional        928          

period PERIODS of two years upon the expiration of the             929          

certification set forth in division (B)(1) of this section; and    931          

      (3)  May integrate the certified vendors with bureau staff   934          

and existing bureau services for purposes of operation and                      

training to allow the bureau to assume operation of the health     935          

partnership program at the conclusion of the certification         937          

periods set forth in division (B)(1) or (2) of this section.       938          

      (C)  Any vendor selected shall demonstrate all of the        940          

following:                                                         941          

      (1)  Arrangements and reimbursement agreements with a        943          

substantial number of the medical, professional and pharmacy       944          

providers currently being utilized by claimants.                   945          

      (2)  Ability to accept a common format of medical bill data  947          

in an electronic fashion from any provider who wishes to submit    948          

medical bill data in that form.                                    949          

      (3)  A computer system able to handle the volume of medical  951          

bills and willingness to customize that system to the bureau's     953          

needs and to be operated by the vendor's staff, bureau staff, or   954          

some combination of both staffs.                                                

      (4)  A prescription drug system where pharmacies on a        956          

statewide basis have access to the eligibility and pricing, at a   957          

discounted rate, of all prescription drugs.                        958          

      (5)  A tracking system to record all telephone calls from    960          

claimants and providers regarding the status of submitted medical  962          

                                                          23     


                                                                 
bills so as to be able to track each inquiry.                                   

      (6)  Data processing capacity to absorb all of the bureau's  964          

medical bill processing or at least that part of the processing    965          

which the bureau arranges to delegate.                             966          

      (7)  Capacity to store, retrieve, array, simulate, and       968          

model in a relational mode all of the detailed medical bill data   969          

so that analysis can be performed in a variety of ways and so      970          

that the bureau and its governing authority can make informed      971          

decisions.                                                         972          

      (8)  Wide variety of software programs which translate       974          

medical terminology into standard codes, and which reveal if a     975          

provider is manipulating the procedures codes, commonly called     977          

"unbundling."                                                                   

      (9)  Necessary professional staff to conduct, at a minimum,  979          

authorizations for treatment, medical necessity, utilization       980          

review, concurrent review, post-utilization review, and have the   981          

attendant computer system which supports such activity and         982          

measures the outcomes and the savings.                             983          

      (10)  Management experience and flexibility to be able to    985          

react quickly to the needs of the bureau in the case of required   986          

change in federal or state requirements.                           987          

      (D)  The administrator may limit freedom of choice of        991          

health care provider or supplier by requiring, beginning with the  992          

period set forth in division (B)(1) or (2) of this section, that   993          

claimants shall pay an appropriate out-of-plan co-pay COPAYMENT    995          

for selecting a medical provider not within the health             997          

partnership program as provided for in this section.                            

      (E)  The administrator, six months prior to the expiration   1,000        

of the bureau's certification or recertification of the vendor or  1,001        

vendors as set forth in division (B)(1) or (2) of this section,    1,003        

may certify and provide evidence to the governor, the speaker of   1,004        

the house of representatives, and the president of the senate      1,005        

that the existing bureau staff is able to match or exceed the      1,006        

performance and outcomes of the external vendor or vendors and     1,007        

                                                          24     


                                                                 
that the bureau should be permitted to internally administer the   1,008        

health partnership program upon the expiration of the              1,009        

certification or recertification as set forth in division (B)(1)   1,010        

or (2) of this section.                                                         

      (F)  The administrator shall establish and operate a bureau  1,012        

of workers' compensation health care data program.  The            1,014        

administrator may contract with the Ohio health care data center   1,015        

for such purposes.  The administrator shall develop reporting      1,016        

requirements from all employees, employers and medical providers,  1,017        

medical vendors, and plans that participate in the workers'        1,018        

compensation system.  The administrator shall do all of the        1,019        

following:                                                                      

      (1)  Utilize the collected data to measure and perform       1,021        

comparison analyses of costs, quality, appropriateness of medical  1,022        

care, and effectiveness of medical care delivered by all           1,024        

components of the workers' compensation system.                                 

      (2)  Compile data to support activities of the selected      1,026        

vendor or vendors and to measure the outcomes and savings of the   1,027        

health partnership program.                                        1,028        

      (3)  Publish and report compiled data to the governor, the   1,030        

speaker of the house of representatives, and the president of the  1,031        

senate on the first day of each January and July, the measures of  1,033        

outcomes and savings of the health partnership program and the     1,034        

qualified health plan system.  The administrator shall protect     1,035        

the confidentiality of all proprietary pricing data.               1,036        

      (G)  Any rehabilitation facility the bureau operates is      1,038        

eligible for inclusion in the Ohio workers' compensation           1,039        

qualified health plan system or the health partnership program     1,040        

under the same terms as other providers within health care plans   1,041        

or the program.                                                    1,042        

      (H)  In areas outside the state or within the state where    1,044        

no qualified health plan or an inadequate number of providers      1,045        

within the health partnership program exist, the administrator     1,046        

shall permit employees to use a nonplan or nonprogram health care  1,047        

                                                          25     


                                                                 
provider and shall pay the provider for the services or supplies   1,048        

provided to or on behalf of an employee for an injury or           1,049        

occupational disease that is compensable under this chapter or     1,050        

Chapter 4123., 4127., or 4131. of the Revised Code on a fee        1,051        

schedule the administrator adopts.                                 1,052        

      (I)  No certified health care provider shall charge,         1,054        

assess, or otherwise attempt to collect from an employee,          1,055        

employer, a managed care organization, or the bureau any amount    1,056        

for covered services or supplies that is in excess of the allowed  1,057        

amount paid by a managed care organization, the bureau, or a       1,058        

qualified health plan.                                             1,059        

      (J)  The administrator shall permit any employer or group    1,061        

of employers who agree to abide by the rules adopted under this    1,062        

section and sections 4121.441 and 4121.442 of the Revised Code to  1,063        

provide services or supplies to or on behalf of an employee for    1,064        

an injury or occupational disease that is compensable under this   1,065        

chapter or Chapter 4123., 4127., or 4131. of the Revised Code      1,066        

through qualified health plans of the Ohio workers' compensation   1,067        

qualified health plan system pursuant to section 4121.442 of the   1,068        

Revised Code or through the health partnership program pursuant    1,069        

to section 4121.441 of the Revised Code.  No amount paid under     1,070        

the qualified health plan system pursuant to section 4121.442 of   1,071        

the Revised Code by an employer who is a state fund employer       1,072        

shall be charged to the employer's experience or otherwise be      1,073        

used in merit-rating or determining the risk of that employer for  1,074        

the purpose of the payment of premiums under this chapter, and if  1,075        

the employer is a self-insuring employer, the employer shall not   1,076        

include that amount in the paid compensation the employer reports  1,078        

under section 4123.35 of the Revised Code.                                      

      Sec. 4121.63.  Claimants who the administrator of workers'   1,087        

compensation determines could probably be rehabilitated to         1,088        

achieve the goals established by section 4121.61 of the Revised    1,089        

Code and who agree to undergo rehabilitation shall be paid living  1,090        

maintenance payments for a period or periods which do not exceed   1,091        

                                                          26     


                                                                 
six months in the aggregate, unless review by the administrator    1,092        

or his THE ADMINISTRATOR'S designee reveals that the claimant      1,093        

will be benefited by an extension of such payments.                1,094        

      Living maintenance payments shall be paid in weekly          1,096        

amounts, not to exceed the amount the claimant would receive if    1,097        

the claimant were being compensated for temporary total            1,098        

disability, but not less than fifty per cent of the current state  1,099        

average weekly wage.  LIVING MAINTENANCE PAYMENTS SHALL COMMENCE   1,100        

AT THE TIME THE CLAIMANT BEGINS TO PARTICIPATE IN AN APPROVED      1,101        

REHABILITATION PROGRAM.                                                         

      A claimant receiving living maintenance payments shall be    1,103        

deemed to be temporarily totally disabled and shall receive no     1,104        

payment of any type of compensation except as provided by          1,105        

division (B) of section 4123.57 of the Revised Code for the        1,106        

periods during which the claimant is receiving living maintenance  1,107        

payments.                                                          1,108        

      Sec. 4123.343.  This section shall be construed liberally    1,117        

to the end that employers shall be encouraged to employ and        1,118        

retain in their employment handicapped employees as defined in     1,119        

this section.                                                      1,120        

      (A)  As used in this section, "handicapped employee" means   1,122        

an employee who is afflicted with or subject to any physical or    1,123        

mental impairment, or both, whether congenital or due to an        1,124        

injury or disease of such character that the impairment            1,125        

constitutes a handicap in obtaining employment or would            1,126        

constitute a handicap in obtaining reemployment if the employee    1,127        

should become unemployed and whose handicap is due to any of the   1,128        

following diseases or conditions:                                  1,129        

      (1)  Epilepsy;                                               1,131        

      (2)  Diabetes;                                               1,133        

      (3)  Cardiac disease;                                        1,135        

      (4)  Arthritis;                                              1,137        

      (5)  Amputated foot, leg, arm, or hand;                      1,139        

      (6)  Loss of sight of one or both eyes or a partial loss of  1,141        

                                                          27     


                                                                 
uncorrected vision of more than seventy-five per cent              1,142        

bilaterally;                                                       1,143        

      (7)  Residual disability from poliomyelitis;                 1,145        

      (8)  Cerebral palsy;                                         1,147        

      (9)  Multiple sclerosis;                                     1,149        

      (10)  Parkinson's disease;                                   1,151        

      (11)  Cerebral vascular accident;                            1,153        

      (12)  Tuberculosis;                                          1,155        

      (13)  Silicosis;                                             1,157        

      (14)  Psycho-neurotic disability following treatment in a    1,159        

recognized medical or mental institution;                          1,160        

      (15)  Hemophilia;                                            1,162        

      (16)  Chronic osteomyelitis;                                 1,164        

      (17)  Ankylosis of joints;                                   1,166        

      (18)  Hyper insulinism;                                      1,168        

      (19)  Muscular dystrophies;                                  1,170        

      (20)  Arterio-sclerosis;                                     1,172        

      (21)  Thrombo-phlebitis;                                     1,174        

      (22)  Varicose veins;                                        1,176        

      (23)  Cardiovascular, pulmonary, or respiratory diseases of  1,178        

a fire fighter FIREFIGHTER or police officer employed by a         1,179        

municipal corporation or township as a regular member of a         1,180        

lawfully constituted police department or fire department;         1,181        

      (24)  Coal miners' pneumoconiosis, commonly referred to as   1,183        

"black lung disease";                                              1,184        

      (25)  Disability with respect to which an individual has     1,186        

completed a rehabilitation program conducted pursuant to sections  1,187        

4121.61 to 4121.69 of the Revised Code.                            1,188        

      (B)  Under the circumstances set forth in this section all   1,190        

or such portion as the administrator determines of the             1,191        

compensation and benefits paid in any claim arising hereafter      1,192        

shall be charged to and paid from the statutory surplus fund       1,193        

created under section 4123.34 of the Revised Code and only the     1,194        

portion remaining shall be merit-rated or otherwise treated as     1,195        

                                                          28     


                                                                 
part of the accident or occupational disease experience of the     1,196        

employer.  If the employer is a self-insuring employer, the        1,197        

proportion of such costs whether charged to the statutory surplus  1,198        

fund in whole or in part shall be by way of direct payment to      1,199        

such employee or his THE EMPLOYEE'S dependents or by way of        1,200        

reimbursement to the self-insuring employer as the circumstances   1,201        

indicate.  The provisions of this section apply only in cases of   1,202        

death, total disability, whether temporary or permanent, and all   1,203        

disabilities compensated under division (B) of section 4123.57 of  1,204        

the Revised Code.  The administrator shall adopt rules specifying  1,205        

the grounds upon which charges to the statutory surplus fund are   1,206        

to be made.  The rules shall prohibit as a grounds any agreement   1,207        

between employer and claimant as to the merits of a claim and the  1,208        

amount of the charge.                                              1,209        

      (C)  Any employer who advises the bureau of workers'         1,211        

compensation prior to the occurrence of an injury or occupational  1,212        

disease that it has in its employ a handicapped employee is        1,213        

entitled, in the event the person is injured, to a determination   1,214        

under this section.  Any employer who fails to notify the bureau   1,215        

but applies for a determination under this section is entitled to  1,216        

a determination if the bureau finds that there was good cause for  1,217        

the failure to give notice of the employment of the handicapped    1,218        

employee.  The bureau annually shall require employers to file an  1,219        

inventory of current handicapped employees.                        1,220        

      An employer shall file an application UNDER THIS SECTION     1,222        

for a determination with the bureau or commission in the same      1,224        

manner as other claims.  An application only may be made in cases  1,225        

where a handicapped employee or his A HANDICAPPED EMPLOYEE'S       1,226        

dependents claim or is receiving an award of compensation as a     1,227        

result of an injury or occupational disease occurring or           1,228        

contracted on or after the date on which division (A) of this      1,229        

section first included the handicap of such employee.              1,230        

      (D)  The circumstances under and the manner in which an      1,232        

apportionment under this section shall be made are:                1,233        

                                                          29     


                                                                 
      (1)  Whenever a handicapped employee is injured or disabled  1,235        

or dies as the result of an injury or occupational disease         1,236        

sustained in the course of and arising out of his A HANDICAPPED    1,237        

EMPLOYEE'S employment in this state and the administrator awards   1,238        

compensation therefor and when it appears to the satisfaction of   1,240        

the administrator that the injury or occupational disease or the   1,241        

death resulting therefrom would not have occurred but for the      1,242        

pre-existing physical or mental impairment of the handicapped      1,243        

employee, all compensation and benefits payable on account of the  1,244        

disability or death shall be paid from the surplus fund.           1,245        

      (2)  Whenever a handicapped employee is injured or disabled  1,247        

or dies as a result of an injury or occupational disease and the   1,248        

administrator finds that the injury or occupational disease would  1,249        

have been sustained or suffered without regard to the employee's   1,250        

pre-existing impairment but that the resulting disability or       1,251        

death was caused at least in part through aggravation of the       1,252        

employee's pre-existing disability, the administrator shall        1,253        

determine in a manner that is equitable and reasonable and based   1,254        

upon medical evidence the amount of disability or proportion of    1,255        

the cost of the death award that is attributable to the            1,256        

employee's pre-existing disability and the amount found shall be   1,258        

charged to the statutory surplus fund.                                          

      (E)  The benefits and provisions of this section apply only  1,260        

to employers who have complied with this chapter either through    1,261        

insurance with the state fund or as a self-insuring employer.      1,262        

      (F)  No employer shall in any year receive credit under      1,264        

this section in an amount greater than the premium he THE          1,265        

EMPLOYER paid if a state fund employer or greater than his THE     1,266        

EMPLOYER'S assessments if a self-insuring employer.                1,267        

      (G)  Self-insuring employers may, for all claims made after  1,269        

January 1, 1987, for compensation and benefits under this          1,270        

section, pay the compensation and benefits directly to the         1,271        

employee or the employee's dependents.  If such an employer        1,272        

chooses to pay compensation and benefits directly, he THE          1,273        

                                                          30     


                                                                 
EMPLOYER shall receive no money or credit from the surplus fund    1,274        

for the payment under this section, nor shall he THE EMPLOYER be   1,275        

required to pay any amounts into the surplus fund that otherwise   1,276        

would be assessed for handicapped reimbursements for claims made   1,277        

after January 1, 1987.  Where a self-insuring employer elects to   1,278        

pay for compensation and benefits pursuant to this section, he     1,279        

THE EMPLOYER shall assume responsibility for compensation and      1,280        

benefits arising out of claims made prior to January 1, 1987, and  1,281        

shall not be required to pay any amounts into the surplus fund     1,282        

and may not receive any money or credit from that fund on account  1,283        

of this section.  The election made under this division is         1,284        

irrevocable.                                                                    

      (H)  An order issued by the administrator pursuant to this   1,286        

section is appealable under section 4123.511 of the Revised Code   1,287        

but is not appealable to court under section 4123.512 of the       1,288        

Revised Code.                                                      1,289        

      Sec. 4123.511.  (A)  Within seven days after receipt of any  1,300        

claim under this chapter, the bureau of workers' compensation                   

shall notify the claimant and the employer of the claimant of the  1,301        

receipt of the claim and of the facts alleged therein.  If the     1,302        

bureau receives from a person other than the claimant written or   1,303        

telecommunicated information indicating that an injury or          1,304        

occupational disease has occurred or been contracted with may be   1,305        

compensable under this chapter, the bureau shall notify the        1,306        

employee and the employer of the information.  If the information  1,307        

is provided by any method of telecommunication, the person         1,308        

providing the information shall provide written verification of    1,309        

the information to the bureau according to division (E) of         1,310        

section 4123.84 of the Revised Code.  The receipt of the           1,311        

information in writing, or if by a method of telecommunications,   1,312        

the written verification, and the notice by the bureau shall be    1,313        

considered an application for compensation under section 4123.84   1,314        

or 4123.85 of the Revised Code provided that the conditions of     1,315        

division (E) of section 4123.84 of the Revised Code apply to       1,316        

                                                          31     


                                                                 
information provided by a method of telecommunication.  Upon       1,317        

receipt of a claim, the bureau shall advise the claimant of the    1,318        

claim number assigned and the claimant's right to representation   1,319        

in the processing of a claim or to elect no representation.  If    1,320        

the bureau determines that a claim is determined to be a           1,321        

compensable lost-time claim, the bureau shall notify the claimant  1,322        

and the employer of the availability of rehabilitation services.   1,323        

No bureau or industrial commission employee shall directly or      1,324        

indirectly convey any information in derogation of this right.     1,325        

This section shall in no way abrogate the bureau's responsibility  1,326        

to aid and assist a claimant in the filing of a claim and to       1,327        

advise the claimant of the claimant's rights under the law.        1,328        

      The administrator of workers' compensation shall assign all  1,330        

claims and investigations to the bureau service office from which  1,331        

investigation and determination may be made most expeditiously.    1,332        

      The bureau shall investigate the facts concerning an injury  1,334        

or occupational disease and ascertain such facts in whatever       1,335        

manner is most appropriate and may obtain statements of the        1,336        

employee, employer, attending physician, and witnesses in          1,337        

whatever manner is most appropriate.                               1,338        

      (B)(1)  Except as provided in division (B)(2) of this        1,340        

section, in claims other than those in which the employer is a     1,341        

self-insuring employer, if the administrator determines under      1,342        

division (A) of this section that a claimant is or is not          1,343        

entitled to an award of compensation or benefits, the              1,344        

administrator shall issue an order, no sooner than twenty-one      1,345        

days but no later than twenty-eight days after the sending of the  1,348        

notice under division (A) of this section, granting or denying     1,349        

the payment of the compensation or benefits, or both as is         1,350        

appropriate to the claimant.  Notwithstanding the time limitation  1,351        

specified in this division for the issuance of an order, if a      1,352        

medical examination of the claimant is required by statute, the    1,353        

administrator promptly shall schedule the claimant for that                     

examination and shall issue an order no later than twenty-eight    1,354        

                                                          32     


                                                                 
days after receipt of the report of the examination.  The          1,355        

administrator shall notify the claimant and the employer of the    1,357        

claimant and their respective representatives in writing of the    1,358        

nature of the order and the amounts of compensation and benefit    1,359        

payments involved.  The employer or claimant may appeal the order  1,360        

pursuant to division (C) of this section within fourteen days      1,361        

after the date of the receipt of the order.  The employer and      1,362        

claimant may waive, in writing, their rights to an appeal under    1,363        

this division.                                                                  

      (2)  Notwithstanding the time limitation specified in        1,365        

division (B)(1) of this section for the issuance of an order, if   1,366        

the employer certifies a claim for payment of compensation or      1,367        

benefits, or both, to a claimant, and the administrator has        1,368        

completed the investigation of the claim, the payment of benefits  1,370        

or compensation, or both, as is appropriate, shall commence upon   1,371        

the later of the date of the certification or completion of the    1,372        

investigation and issuance of the order by the administrator,      1,373        

provided that the administrator shall issue the order no later     1,374        

than the time limitation specified in division (B)(1) of this      1,375        

section.                                                           1,376        

      (3)  If an appeal is made under division (B)(1) or (2) of    1,378        

this section, the administrator shall forward the claim file to    1,379        

the appropriate district hearing officer within seven days of the  1,380        

appeal.  In contested claims other than state fund claims, the     1,381        

administrator shall forward the claim within seven days of the     1,382        

administrator's receipt of the claim to the commission, which      1,384        

shall refer the claim to an appropriate district hearing officer   1,385        

for a hearing in accordance with division (C) of this section.     1,386        

      (C)  If an employer or claimant timely appeals the order of  1,388        

the administrator issued under division (B) of this section or in  1,389        

the case of other contested claims other than state fund claims,   1,390        

the commission shall refer the claim to an appropriate district    1,391        

hearing officer according to rules the commission adopts under     1,392        

section 4121.36 of the Revised Code.  The district hearing         1,393        

                                                          33     


                                                                 
officer shall notify the parties and their respective              1,394        

representatives of the time and place of the hearing.              1,395        

      The district hearing officer shall hold a hearing on a       1,397        

disputed issue or claim within forty-five days after the filing    1,399        

of the appeal under this division and issue a decision within      1,400        

seven days after holding the hearing.  The district hearing        1,401        

officer shall notify the parties and their respective                           

representatives in writing of the order.  Any party may appeal an  1,403        

order issued under this division pursuant to division (D) of this  1,404        

section within fourteen days after receipt of the order under      1,405        

this division.                                                     1,406        

      (D)  Upon the timely filing of an appeal of the order of     1,408        

the district hearing officer issued under division (C) of this     1,409        

section, the commission shall refer the claim file to an           1,410        

appropriate staff hearing officer according to its rules adopted   1,411        

under section 4121.36 of the Revised Code.  The staff hearing      1,412        

officer shall hold a hearing within forty-five days after the      1,413        

filing of an appeal under this division and issue a decision       1,414        

within seven days after holding the hearing under this division.   1,417        

The staff hearing officer shall notify the parties and their       1,418        

respective representatives in writing his OF THE STAFF HEARING                  

OFFICER'S order.  Any party may appeal an order issued under this  1,420        

division pursuant to division (E) of this section within fourteen  1,421        

days after receipt of the order under this division.               1,422        

      (E)  Upon the filing of a timely appeal of the order of the  1,424        

staff hearing officer issued under division (D) of this section,   1,425        

the commission or a designated staff hearing officer, on behalf    1,426        

of the commission, shall determine whether the commission will     1,428        

hear the appeal.  If the commission or the designated staff                     

hearing officer decides to hear the appeal, the commission or the  1,430        

designated staff hearing officer shall notify the parties and      1,431        

their respective representatives in writing of the time and place  1,432        

of the hearing.  The commission shall hold the hearing within      1,433        

forty-five days after the filing of the notice of appeal and,      1,434        

                                                          34     


                                                                 
within seven days after the conclusion of the hearing, the         1,435        

commission shall issue its order affirming, modifying, or          1,436        

reversing the order issued under division (D) of this section.     1,437        

The commission shall notify the parties and their respective       1,438        

representatives in writing of the order.  If the commission or     1,439        

the designated staff hearing officer determines not to hear the    1,440        

appeal, within fourteen days after the filing of the notice of     1,441        

appeal, the commission or the designated staff hearing officer     1,442        

shall issue an order to that effect and notify the parties and                  

their respective representatives in writing of that order.         1,443        

      Except as otherwise provided in this chapter and Chapters    1,445        

4121., 4127., and 4131. of the Revised Code, any party may appeal  1,446        

an order issued under this division to the court pursuant to       1,447        

section 4123.512 of the Revised Code within sixty days after       1,448        

receipt of the order, subject to the limitations contained in      1,449        

that section.                                                      1,450        

      (F)  Every notice of an appeal from an order issued under    1,452        

divisions (B), (C), (D), and (E) of this section shall state the   1,453        

names of the claimant and employer, the number of the claim, the   1,454        

date of the decision appealed from, and the fact that the          1,455        

appellant appeals therefrom.                                       1,456        

      (G)  All of the following apply to the proceedings under     1,458        

divisions (C), (D), and (E) of this section:                       1,459        

      (1)  The parties shall proceed promptly and without          1,461        

continuances except for good cause;                                1,462        

      (2)  The parties, in good faith, shall engage in the free    1,464        

exchange of information relevant to the claim prior to the         1,465        

conduct of a hearing according to the rules the commission adopts  1,466        

under section 4121.36 of the Revised Code;                         1,467        

      (3)  The administrator is a party and may appear and         1,469        

participate at all administrative proceedings on behalf of the     1,470        

state insurance fund.  However, in cases in which the employer is  1,471        

represented, the administrator shall neither present arguments     1,472        

nor introduce testimony that is cumulative to that presented or    1,473        

                                                          35     


                                                                 
introduced by the employer or the employer's representative.  The  1,474        

administrator may file an appeal under this section on behalf of                

the state insurance fund; however, except in cases arising under   1,475        

section 4123.343 of the Revised Code, the administrator only may   1,476        

appeal questions of law or issues of fraud when the employer       1,477        

appears in person or by representative.                                         

      (H)  Except as provided in SECTION 4121.63 OF THE REVISED    1,479        

CODE AND division (J) of this section, payments of compensation    1,480        

to a claimant or on behalf of a claimant as a result of any order  1,481        

issued under this chapter shall commence upon the earlier of the   1,482        

following:                                                                      

      (1)  Fourteen days after the date the administrator issues   1,484        

an order under division (B) of this section, unless that order is  1,485        

appealed;                                                          1,486        

      (2)  Twenty-one days after the date when the employer has    1,488        

waived the right to appeal a decision issued under division (B)    1,489        

of this section;                                                                

      (3)  If no appeal of an order has been filed under this      1,491        

section or to a court under section 4123.512 of the Revised Code,  1,492        

the expiration of the time limitations for the filing of an        1,493        

appeal of an order;                                                1,494        

      (4)  The date of receipt by the employer of an order of a    1,496        

district hearing officer, a staff hearing officer, or the          1,498        

industrial commission issued under division (C), (D), or (E) of    1,499        

this section.                                                                   

      (I)  No medical benefits payable under this chapter or       1,501        

Chapter 4121., 4127., or 4131. of the Revised Code are payable     1,502        

until the earlier of the following:                                1,503        

      (1)  The date of the issuance of the staff hearing           1,505        

officer's order under division (D) of this section;                1,506        

      (2)  The date of the final administrative or judicial        1,508        

determination.                                                     1,509        

      (J)  Upon the final administrative or judicial               1,511        

determination under this section or section 4123.512 of the        1,512        

                                                          36     


                                                                 
Revised Code of an appeal of an order to pay compensation, if a    1,513        

claimant is found to have received compensation pursuant to a      1,514        

prior order which is reversed upon subsequent appeal, the          1,515        

claimant's employer, if a self-insuring employer, or the bureau,   1,517        

shall withhold from any amount to which the claimant becomes       1,518        

entitled pursuant to any claim, past, present, or future, under    1,519        

Chapter 4121., 4123., 4127., or 4131. of the Revised Code, the     1,520        

amount of previously paid compensation to the claimant which, due  1,521        

to reversal upon appeal, the claimant is not entitled, pursuant    1,522        

to the following criteria:                                         1,523        

      (1)  No withholding for the first twelve weeks of temporary  1,525        

total disability compensation pursuant to section 4123.56 of the   1,526        

Revised Code shall be made;                                        1,527        

      (2)  Forty per cent of all awards of compensation paid       1,529        

pursuant to sections 4123.56 and 4123.57 of the Revised Code,      1,530        

until the amount overpaid is refunded;                             1,531        

      (3)  Twenty-five per cent of any compensation paid pursuant  1,533        

to section 4123.58 of the Revised Code until the amount overpaid   1,534        

is refunded;                                                       1,535        

      (4)  If, pursuant to an appeal under section 4123.512 of     1,537        

the Revised Code, the court of appeals or the supreme court        1,538        

reverses the allowance of the claim, then no amount of any         1,539        

compensation will be withheld.                                     1,540        

      The administrator and self-insuring employers, as            1,542        

appropriate, are subject to the repayment schedule of this         1,543        

division only with respect to an order to pay compensation that    1,544        

was properly paid under a previous order, but which is                          

subsequently reversed upon an administrative or judicial appeal.   1,545        

The administrator and self-insuring employers are not subject to,  1,546        

but may utilize, the repayment schedule of this division, or any   1,547        

other lawful means, to collect payment of compensation made to a   1,548        

person who was not entitled to the compensation due to fraud as    1,549        

determined by the administrator or the industrial commission.      1,550        

      (K)  If a staff hearing officer or the commission fails to   1,552        

                                                          37     


                                                                 
issue a decision or the commission fails to refuse to hear an      1,553        

appeal within the time periods required by this section, payments  1,554        

to a claimant shall cease until the staff hearing officer or       1,555        

commission issues a decision or hears the appeal, unless the       1,556        

failure was due to the fault or neglect of the employer or the     1,557        

employer agrees that the payments should continue for a longer     1,558        

period of time.                                                    1,559        

      (L)  Except as otherwise provided in this section or         1,561        

section 4123.522 of the Revised Code, no appeal is timely filed    1,562        

under this section unless the appeal is filed with the time        1,563        

limits set forth in this section.                                               

      (M)  No person who is not an employee of the bureau or       1,565        

commission or who is not by law given access to the contents of a  1,566        

claims file shall have a file in the person's possession.          1,567        

      (N)  Upon application of a party who resides in an area in   1,570        

which an emergency or disaster is declared, the industrial         1,571        

commission and hearing officers of the commission may waive the    1,572        

time frame within which claims and appeals of claims set forth in  1,573        

this section must be filed upon a finding that the applicant was   1,574        

unable to comply with a filing deadline due to an emergency or a   1,575        

disaster.                                                                       

      As used in this division:                                    1,577        

      (1)  "Emergency" means any occasion or instance for which    1,579        

the governor of Ohio or the president of the United States         1,581        

publicly declares an emergency and orders state or federal         1,582        

assistance to save lives and protect property, the public health   1,583        

and safety, or to lessen or avert the threat of a catastrophe.     1,584        

      (2)  "Disaster" means any natural catastrophe or fire,       1,586        

flood, or explosion, regardless of the cause, that causes damage   1,587        

of sufficient magnitude that the governor of Ohio or the           1,588        

President of the United States, through a public declaration,      1,590        

orders state or federal assistance to alleviate damage, loss,      1,591        

hardship, or suffering that results from the occurrence.           1,592        

      Sec. 4123.512.  (A)  The claimant or the employer may        1,601        

                                                          38     


                                                                 
appeal an order of the industrial commission made under division   1,602        

(E) of section 4123.511 of the Revised Code in any injury or       1,603        

occupational disease case, other than a decision as to the extent  1,604        

of disability to the court of common pleas of the county in which  1,606        

the injury was inflicted or in which the contract of employment    1,607        

was made if the injury occurred outside the state, or in which     1,608        

the contract of employment was made if the exposure occurred       1,609        

outside the state.  If no common pleas court has jurisdiction for  1,610        

the purposes of an appeal by the use of the jurisdictional         1,611        

requirements described in this division, the appellant may use     1,612        

the venue provisions in the Rules of Civil Procedure to vest       1,613        

jurisdiction in a court.  If the claim is for an occupational      1,614        

disease the appeal shall be to the court of common pleas of the    1,615        

county in which the exposure which caused the disease occurred.    1,616        

Like appeal may be taken from an order of a staff hearing officer  1,617        

made under division (D) of section 4123.511 of the Revised Code    1,618        

from which the commission has refused to hear an appeal.  The      1,619        

appellant shall file the notice of appeal with a court of common   1,620        

pleas within sixty days after the date of the receipt of the       1,621        

order appealed from or the date of receipt of the order of the     1,622        

commission refusing to hear an appeal of a staff hearing           1,623        

officer's decision under division (D) of section 4123.511 of the   1,624        

Revised Code.  The filing of the notice of the appeal with the     1,625        

court is the only act required to perfect the appeal.                           

      If an action has been commenced in a court of a county       1,627        

other than a court of a county having jurisdiction over the        1,628        

action, the court, upon notice by any party or upon its own        1,629        

motion, shall transfer the action to a court of a county having    1,630        

jurisdiction.                                                      1,631        

      Notwithstanding anything to the contrary in this section,    1,633        

if the commission determines under section 4123.522 of the         1,634        

Revised Code that an employee, employer, or their respective       1,635        

representatives have not received written notice of an order or    1,636        

decision which is appealable to a court under this section and     1,637        

                                                          39     


                                                                 
which grants relief pursuant to section 4123.522 of the Revised    1,638        

Code, the party granted the relief has sixty days from receipt of  1,639        

the order under section 4123.522 of the Revised Code to file a     1,640        

notice of appeal under this section.                               1,641        

      (B)  The notice of appeal shall state the names of the       1,643        

claimant and the employer, the number of the claim, the date of    1,644        

the order appealed from, and the fact that the appellant appeals   1,645        

therefrom.                                                         1,646        

      The administrator, the claimant, and the employer shall be   1,648        

parties to the appeal and the court, upon the application of the   1,649        

commission, shall make the commission a party.  THE PARTY FILING   1,650        

THE APPEAL SHALL SERVE A COPY OF THE NOTICE OF APPEAL ON THE       1,651        

ADMNISTRATOR OF WORKERS' COMPENSATION AT THE CENTRAL OFFICE OF     1,652        

THE BUREAU OF WORKERS' COMPENSATION IN COLUMBUS.  The              1,653        

administrator shall notify the employer that if the employer       1,654        

fails to become an active party to the appeal, then the            1,656        

administrator may act on behalf of the employer and the results    1,657        

of the appeal could have an adverse effect upon the employer's     1,658        

premium rates.                                                                  

      (C)  The attorney general or one or more of the attorney     1,660        

general's assistants or special counsel designated by the          1,662        

attorney general shall represent the administrator and the         1,663        

commission.  In the event the attorney general or the attorney     1,664        

general's designated assistants or special counsel are absent,     1,666        

the administrator or the commission shall select one or more of    1,667        

the attorneys in the employ of the administrator or the                         

commission as the administrator's attorney or the commission's     1,669        

attorney in the appeal.  Any attorney so employed shall continue   1,670        

the representation during the entire period of the appeal and in   1,671        

all hearings thereof except where the continued representation     1,672        

becomes impractical.                                                            

      (D)  Upon receipt of notice of appeal the clerk of courts    1,674        

shall provide notice to all parties who are appellees and to the   1,675        

commission.                                                        1,676        

                                                          40     


                                                                 
      The claimant shall, within thirty days after the filing of   1,678        

the notice of appeal, file a petition containing a statement of    1,679        

facts in ordinary and concise language showing a cause of action   1,680        

to participate or to continue to participate in the fund and       1,681        

setting forth the basis for the jurisdiction of the court over     1,682        

the action.  Further pleadings shall be had in accordance with     1,683        

the Rules of Civil Procedure, provided that service of summons on  1,684        

such petition shall not be required.  The clerk of the court       1,685        

shall, upon receipt thereof, transmit by certified mail a copy     1,686        

thereof to each party named in the notice of appeal other than     1,687        

the claimant.  Any party may file with the clerk prior to the      1,688        

trial of the action a deposition of any physician taken in         1,689        

accordance with the provisions of the Revised Code, which          1,690        

deposition may be read in the trial of the action even though the  1,691        

physician is a resident of or subject to service in the county in  1,692        

which the trial is had.  The bureau of workers' compensation       1,693        

shall pay the cost of the stenographic deposition filed in court   1,694        

and of copies of the stenographic deposition for each party from   1,696        

the surplus fund and charge the costs thereof against the          1,698        

unsuccessful party if the claimant's right to participate or       1,699        

continue to participate is finally sustained or established in     1,700        

the appeal.  In the event the deposition is taken and filed, the   1,701        

physician whose deposition is taken is not required to respond to  1,702        

any subpoena issued in the trial of the action.  The court, or     1,703        

the jury under the instructions of the court, if a jury is         1,704        

demanded, shall determine the right of the claimant to             1,705        

participate or to continue to participate in the fund upon the     1,706        

evidence adduced at the hearing of the action.                     1,707        

      (E)  The court shall certify its decision to the commission  1,709        

and the certificate shall be entered in the records of the court.  1,710        

Appeals from the judgment are governed by the law applicable to    1,711        

the appeal of civil actions.                                       1,712        

      (F)  The cost of any legal proceedings authorized by this    1,714        

section, including an attorney's fee to the claimant's attorney    1,715        

                                                          41     


                                                                 
to be fixed by the trial judge, based upon the effort expended,    1,716        

in the event the claimant's right to participate or to continue    1,717        

to participate in the fund is established upon the final           1,718        

determination of an appeal, shall be taxed against the employer    1,719        

or the commission if the commission or the administrator rather    1,720        

than the employer contested the right of the claimant to           1,721        

participate in the fund.  The attorney's fee shall not exceed      1,722        

twenty-five hundred dollars.                                       1,723        

      (G)  If the finding of the court or the verdict of the jury  1,725        

is in favor of the claimant's right to participate in the fund,    1,726        

the commission and the administrator shall thereafter proceed in   1,727        

the matter of the claim as if the judgment were the decision of    1,728        

the commission, subject to the power of modification provided by   1,729        

section 4123.52 of the Revised Code.                               1,730        

      (H)  An appeal from an order issued under division (E) of    1,732        

section 4123.511 of the Revised Code or any action filed in court  1,733        

in a case in which an award of compensation has been made shall    1,734        

not stay the payment of compensation under the award or payment    1,735        

of compensation for subsequent periods of total disability during  1,736        

the pendency of the appeal.  If, in a final administrative or      1,737        

judicial action, it is determined that payments of compensation    1,738        

or benefits, or both, made to or on behalf of a claimant should    1,739        

not have been made, the amount thereof shall be charged to the     1,740        

surplus fund under division (B) of section 4123.34 of the Revised  1,741        

Code.  In the event the employer is a state risk, the amount       1,742        

shall not be charged to the employer's experience.  In the event   1,743        

the employer is a self-insuring employer, the self-insuring        1,744        

employer shall deduct the amount from the paid compensation the    1,745        

self-insuring employer reports to the administrator under          1,747        

division (L) of section 4123.35 of the Revised Code.  All actions  1,748        

and proceedings under this section which are the subject of an     1,749        

appeal to the court of common pleas or the court of appeals shall  1,750        

be preferred over all other civil actions except election causes,  1,751        

irrespective of position on the calendar.                          1,752        

                                                          42     


                                                                 
      This section applies to all decisions of the commission or   1,754        

the administrator on November 2, 1959, and all claims filed        1,755        

thereafter are governed by sections 4123.511 and 4123.512 of the   1,756        

Revised Code.                                                      1,757        

      Any action pending in common pleas court or any other court  1,759        

on January 1, 1986, under this section is governed by former       1,760        

sections 4123.514, 4123.515, 4123.516, and 4123.519 and section    1,761        

4123.522 of the Revised Code.                                      1,762        

      Sec. 4123.591.  THE ADMINISTRATOR OF WORKERS' COMPENSATION   1,764        

MAY FURNISH QUARTERLY, TO THE TAX COMMISSIONER, IN A FORMAT        1,765        

APPROVED BY THE TAX COMMISSIONER, A LIST CONTAINING THE NAME AND   1,766        

SOCIAL SECURITY NUMBER OF ANY PERSON RECEIVING SPOUSAL DEATH       1,768        

BENEFITS.  UPON RECEIPT OF THIS LIST, THE COMMISSIONER SHALL                    

RETURN TO THE ADMINISTRATOR, IN A FORMAT DESIGNED BY THE           1,770        

COMMISSIONER, INFORMATION IDENTIFYING ANY PERSON LISTED BY THE     1,771        

ADMINISTRATOR WHO, AS REPORTED ON THE MOST RECENT RETURN FILED BY  1,773        

THE PERSON UNDER SECTION 5747.08 OF THE REVISED CODE, FILED UNDER               

THE STATUS "MARRIED FILING JOINT RETURN," OR "MARRIED FILING       1,774        

SEPARATELY."                                                                    

      Sec. 4123.76.  When an application for compensation or       1,783        

benefits or an application for further compensation or benefits    1,784        

is filed with the industrial commission or the bureau of workers'  1,785        

compensation under section 4123.75 of the Revised Code against an  1,786        

employer who has not complied with section 4123.35 of the Revised  1,787        

Code, the bureau shall make and file for record in the office of   1,788        

the county recorder in the counties where the employer's property  1,789        

is located, an affidavit showing the date on which the             1,790        

application was filed with the commission or the bureau, the name  1,791        

and address of the employer against whom it was filed, and the     1,792        

fact that the employer had not complied with section 4123.35 of    1,793        

the Revised Code.  The recorder shall accept and file the          1,794        

affidavit and record the same as a mortgage on real estate and     1,795        

shall file the same as a chattel mortgage and he THE RECORDER      1,796        

shall index the same as a mortgage on real estate and as a         1,797        

                                                          43     


                                                                 
chattel mortgage.  A copy of the application OR OTHER BUREAU       1,798        

RECORD DOCUMENTING THE CLAIM shall be filed with the affidavit.    1,799        

A copy of the affidavit shall be served upon the employer by the   1,800        

bureau.  The affidavit constitutes a valid lien from the time of   1,801        

filing, in favor of the bureau, upon the real property and         1,802        

tangible personal property of the employer located within the      1,803        

county.  The administrator of workers' compensation shall have     1,804        

the lien canceled of record after the employer has paid to the     1,805        

claimant or to the bureau the amount of the compensation or        1,806        

benefits which has been ordered paid to the claimant, or when the  1,807        

application has finally been denied after the claimant has         1,808        

exhausted the remedies provided by law in such cases, or when the  1,809        

employer has filed a bond in the amount and with surety as the     1,810        

administrator approves conditioned on the payment of all sums      1,811        

ordered paid to the claimant.  The recorder shall make no charge   1,812        

for the services provided by this section to be performed by him   1,813        

THE RECORDER.                                                      1,814        

      Sec. 4123.83.  Each employer paying premiums into the state  1,823        

insurance fund or electing directly to pay compensation to his     1,824        

THE EMPLOYER'S injured employees or the dependents of his THE      1,825        

EMPLOYER'S killed employees as provided in section 4123.35 of the  1,827        

Revised Code, shall post conspicuously in his THE EMPLOYER'S       1,828        

place or places of employment notices, which shall be furnished    1,830        

in adequate number by the bureau of workers' compensation at the   1,831        

time of the payment of the premium, stating the fact that he THE   1,832        

EMPLOYER has made the payment, the date thereof, and period for    1,834        

which the payment is made, or that he THE EMPLOYER has complied    1,835        

with section 4123.35 of the Revised Code, and has been authorized               

by the administrator of workers' compensation directly to          1,836        

compensate employees or dependents, and the date of the            1,837        

authorization.  The notice, when posted, constitutes sufficient    1,838        

notice to his THE EMPLOYER'S employees of the fact that he THE     1,840        

EMPLOYER has made payment or that he THE EMPLOYER has complied     1,841        

with the elective provisions of section 4123.35 of the Revised     1,842        

                                                          44     


                                                                 
Code.  The bureau shall prepare, semiannually, a list of all                    

employers who have complied with this chapter, classified by       1,844        

counties, and shall send to the newspapers published in the        1,845        

county seat of each county a list of the employers in the county,  1,846        

with a request for its gratuitous publication as a matter of news  1,847        

and protection to the working men and women.                       1,848        

      Sec. 5703.21.  (A)  Except as provided in divisions (B),     1,857        

(C), (D), and (E), AND (F) of this section, no agent of the        1,860        

department of taxation, except in the agent's report to the        1,861        

department or when called on to testify in any court or            1,862        

proceeding, shall divulge any information acquired by the agent    1,863        

as to the transactions, property, or business of any person while  1,864        

acting or claiming to act under orders of the department.          1,865        

Whoever violates this provision shall thereafter be disqualified   1,866        

from acting as an officer or employee or in any other capacity     1,867        

under appointment or employment of the department.                              

      (B)(1)  For purposes of an audit pursuant to section 117.15  1,869        

of the Revised Code, or an audit of the department pursuant to     1,870        

Chapter 117. of the Revised Code, or an audit, pursuant to such    1,871        

chapter, the objective of which is to express an opinion on a      1,872        

financial report or statement prepared or issued pursuant to       1,873        

division (G) or (I) of section 126.21 of the Revised Code, the     1,874        

officers and employees of the auditor of state charged with        1,875        

conducting the audit shall have access to and the right to         1,876        

examine any state tax returns and state tax return information in  1,877        

the possession of the department to the extent that such access    1,878        

and examination are necessary for purposes of the audit.  Any      1,879        

information acquired as the result of such access and examination  1,880        

shall not be divulged for any purpose other than as required for   1,881        

such audit or unless the officers and employees are required to    1,882        

testify in a court or proceeding under compulsion of legal         1,883        

process.  Whoever violates this provision shall thereafter be      1,884        

disqualified from acting as an officer or employee or in any       1,885        

other capacity under appointment or employment of the auditor of   1,886        

                                                          45     


                                                                 
state.                                                             1,887        

      (2)  As provided by section 6103(d)(2) of the Internal       1,889        

Revenue Code, any federal tax returns or federal tax information   1,890        

which the department has acquired from the internal revenue        1,891        

service, through federal and state statutory authority, may be     1,892        

disclosed to the auditor of state solely for purposes of an audit  1,893        

of the department.                                                 1,894        

      (C)  Division (A) of this section does not prohibit          1,896        

divulging information contained in applications, complaints, and   1,897        

related documents filed with the department under section 5715.27  1,898        

of the Revised Code, or in applications filed with the department  1,899        

under section 5715.39 of the Revised Code.                         1,900        

      (D)  Division (A) of this section does not prohibit the      1,902        

department of taxation providing information to the division of    1,903        

child support within the department of human services, or a child  1,904        

support enforcement agency, pursuant to division (G)(2) of         1,905        

section 5101.31 of the Revised Code.                                            

      (E)  Division (A) of this section does not prohibit the      1,908        

disclosure to the board of motor vehicle collision repair          1,909        

registration of any information in the possession of the           1,910        

department that is necessary for the board to verify the           1,912        

existence of an applicant's valid vendor's license and current     1,913        

state tax identification number under section 4775.07 of the                    

Revised Code.                                                      1,914        

      (F)  DIVISION (A) OF THIS SECTION DOES NOT PROHIBIT THE      1,916        

DEPARTMENT FROM PROVIDING INFORMATION TO THE ADMINISTRATOR OF      1,917        

WORKERS' COMPENSATION PURSUANT TO SECTION 4123.591 OF THE REVISED  1,918        

CODE.                                                                           

      Sec. 5747.18.  The tax commissioner shall enforce and        1,927        

administer this chapter.  In addition to any other powers          1,928        

conferred upon the commissioner by law, the commissioner may:      1,929        

      (A)  Prescribe all forms required to be filed pursuant to    1,931        

this chapter;                                                      1,932        

      (B)  Adopt such rules as the commissioner finds necessary    1,934        

                                                          46     


                                                                 
to carry out this chapter;                                         1,935        

      (C)  Appoint and employ such personnel as are necessary to   1,937        

carry out the duties imposed upon the commissioner by this         1,938        

chapter.                                                                        

      Any information gained as the result of returns,             1,940        

investigations, hearings, or verifications required or authorized  1,941        

by this chapter is confidential, and no person shall disclose      1,942        

such information, except for official purposes, or as provided by  1,943        

section 4123.591, 4507.023 or 5101.182, division (G)(2) of         1,944        

section 5101.31 or division (B) of section 5703.21 of the Revised  1,946        

Code, or in accordance with a proper judicial order.  The tax      1,947        

commissioner may furnish the internal revenue service with copies  1,948        

of returns or reports filed and may furnish the officer of a       1,949        

municipal corporation charged with the duty of enforcing a tax     1,950        

subject to Chapter 718. of the Revised Code with the names,        1,951        

addresses, and identification numbers of taxpayers who may be      1,952        

subject to such tax.  A municipal corporation shall use this       1,953        

information for tax collection purposes only.  This section does   1,954        

not prohibit the publication of statistics in a form which does    1,955        

not disclose information with respect to individual taxpayers.     1,956        

      Section 2.  That existing sections 121.03, 3304.23,          1,958        

3304.231, 4121.12, 4121.121, 4121.37, 4121.44, 4121.63, 4123.343,  1,961        

4123.511, 4123.512, 4123.76, 4123.83, 5703.21, and 5747.18 of the               

Revised Code are hereby repealed.                                  1,962        

      Section 3.  The Administrator of Workers' Compensation       1,964        

shall submit a series of reports to the Workers' Compensation      1,965        

Oversight Commission, the Office of Budget and Management, the     1,966        

Legislative Budget Office of the Legislative Service Commission,   1,967        

and the General Assembly semiannually during the 1999-2001         1,969        

biennium, beginning on or before October 1, 1999, containing                    

information relative to all of the following:                      1,971        

      (A)  The premium cost per worker, which reports the average  1,973        

annual cost a state fund employer pays to provide workers'         1,974        

compensation coverage for its employees.  The premium cost per     1,975        

                                                          47     


                                                                 
worker is calculated by adding together an employer's total        1,976        

amounts of premiums and assessments paid during a calendar year    1,977        

and dividing that sum by the employer's average number of          1,978        

workers.                                                           1,979        

      (B)  The claims cost per worker, which reports the average   1,981        

annual benefit cost paid for each worker who is employed by a      1,982        

state fund employer during the preceding twelve months.  The       1,983        

claims cost per worker is calculated by dividing an employer's     1,984        

total claim expenses paid during the preceding twelve months by    1,985        

the employer's average number of workers.                          1,986        

      (C)  The administrative cost per claim, which reports the    1,988        

average annual administrative expense a state fund employer pays   1,989        

to process a claim.  The administrative cost per claim is          1,990        

calculated by dividing an employer's total amount of               1,991        

administrative expenses incurred during the preceding twelve       1,992        

months by the total number of claims the employer processed.       1,993        

      (D)  The direct loss ratio, which measures the relationship  1,995        

between an employer's revenues and workers' compensation benefits  1,997        

paid to an injured worker during the preceding twelve months;      1,998        

      (E)  The rate of return generated by investments of the      2,000        

Bureau of Workers' Compensation;                                   2,001        

      (F)  The customer service index, which accounts for various  2,003        

statistical measures reflecting the Bureau's customer service      2,004        

levels;                                                            2,005        

      (G)  The Health Partnership Program performance index,       2,007        

which measures the effectiveness of managed care organizations     2,008        

working for the bureau and reflects the quality of care, customer  2,009        

satisfaction, and cost of care provided by the managed care        2,010        

organizations;                                                     2,011        

      (H)  The rate of injury in the state per 1,000 workers;      2,013        

      (I)  The average and median number of days the bureau takes  2,015        

to adjudicate an injured worker's medical bill fee;                2,016        

      (J)  The return-to-work rate of state fund employers'        2,018        

injured workers who do not receive workers' compensation benefits  2,019        

                                                          48     


                                                                 
for at least ninety days following their injury, which reports     2,020        

the number of injured workers who returned to work as a            2,021        

percentage of total injuries;                                      2,022        

      (K)  The average number of days it takes for an employer or  2,024        

injured worker to report an injury to the bureau, which is         2,025        

calculated by taking the average number of days between the date   2,026        

of injury and the date the claim was filed with the bureau;        2,027        

      (L)  The percentage of indemnity claims adjudicated by the   2,029        

bureau within fourteen days of the injury.                         2,030        

      Section 4.  All items in this section are hereby             2,032        

appropriated out of any moneys in the state treasury to the        2,033        

credit of the designated fund.  For all appropriations made in     2,034        

this act, those in the first column are for fiscal year 2000, and  2,035        

those in the second column are for fiscal year 2001.                            

              BWC  BUREAU OF WORKERS' COMPENSATION                 2,036        

FND ALI     ALI TITLE                    FY 2000        FY 2001    2,039        

Workers' Compensation Fund Group                                   2,041        

4Y6 855-611 J.L. Camera Center                                     2,044        

            Rent                  $    1,574,038 $    1,658,233    2,046        

4Y6 855-612 J.L. Camera Center                                     2,048        

            Operating             $   10,252,544 $   10,277,047    2,050        

023 855-401 William Green Lease                                    2,052        

            Payments to OBA       $   16,208,613 $   16,914,613    2,054        

023 855-407 Claims, Risk &                                         2,056        

            Medical Management    $  125,639,667 $  123,976,161    2,058        

023 855-408 Fraud Prevention      $   10,570,473 $    9,733,674    2,062        

023 855-409 Administrative                                         2,064        

            Services              $  111,478,353 $  109,171,402    2,066        

023 855-410 Attorney General                                       2,068        

            Payments              $    3,488,029 $    3,575,068    2,070        

825 855-605 Disabled Workers                                       2,072        

            Relief Fund           $      669,354 $      689,059    2,074        

822 855-606 Coal Workers' Fund    $       77,056 $       78,597    2,078        

823 855-608 Marine Industry       $       46,266 $       47,654    2,082        

                                                          49     


                                                                 
826 855-609 Safety & Hygiene                                       2,084        

            Operating             $   18,358,104 $   18,491,102    2,086        

TOTAL WCF Workers' Compensation                                    2,087        

   Fund Group                     $  298,362,497 $  294,612,610    2,090        

TOTAL ALL BUDGET FUND GROUPS      $  298,362,497 $  294,612,610    2,093        

      Safety and Hygiene                                           2,096        

      Notwithstanding section 4121.37 of the Revised Code, the     2,098        

Administrator of the Bureau of Workers' Compensation shall         2,099        

transfer moneys from the State Insurance Fund so that              2,100        

appropriation item 855-609, Safety and Hygiene Operating, is                    

provided $18,358,104 in fiscal year 2000 and $18,491,102 in        2,102        

fiscal year 2001.                                                               

      Workers' Compensation Fraud Unit                             2,104        

      The Workers' Compensation Section Fund (Fund 195) shall      2,106        

receive payments from the Bureau of Workers' Compensation at the   2,107        

beginning of each quarter of each fiscal year to fund expenses of  2,108        

the Workers' Compensation Fraud Unit of the Attorney General's     2,109        

Office.  Of the foregoing appropriation item 855-410, Attorney     2,110        

General Payments, $694,930 in fiscal year 2000 and $714,388 in                  

fiscal year 2001 shall be used to provide such payments.           2,111        

      William Green Lease Payments                                 2,113        

      The foregoing appropriation item 855-401, William Green      2,115        

Lease Payments to OBA, shall be used for lease payments to the     2,116        

Ohio Building Authority, and these appropriations shall be used    2,117        

to meet all payments at the times they are required to be made     2,118        

during the period from July 1, 1999, to June 30, 2001, by the      2,119        

Bureau of Workers' Compensation to the Ohio Building Authority                  

pursuant to leases and agreements made under Chapter 152. of the   2,120        

Revised Code and Section 6 of Am. Sub. H.B. 743 of the 118th       2,121        

General Assembly.  Of the amounts received in Fund 023,            2,122        

appropriation item 855-401, up to $33,123,226 shall be restricted  2,123        

for lease rental payments to the Ohio Building Authority.  If it                

is determined that additional appropriations are necessary for     2,124        

such purpose, such amounts are hereby appropriated.                2,125        

                                                          50     


                                                                 
      Notwithstanding any other provision of law to the contrary,  2,127        

all tenants of the William Green Building not funded by the        2,128        

Workers' Compensation Fund (Fund 023) shall pay their fair share   2,129        

of the costs of lease payments to the Workers' Compensation Fund   2,130        

(Fund 023) by intrastate transfer voucher.                                      

      Camera Center                                                2,132        

      The Camera Center Fund (Fund 4Y6) created in division (F)    2,134        

of section 4121.62 of the Revised Code shall receive revenues      2,136        

raised by the fees Camera Center charges for its services and      2,137        

rent paid by tenants of the Center's facilities.  The foregoing    2,138        

appropriation item 855-611, J.L. Camera Center Rent, shall be                   

used to pay rent, including building operating expenses, of the    2,139        

J. Leonard Camera Rehabilitation Center in Columbus.  The          2,140        

foregoing appropriation item 855-612, J.L. Camera Center           2,141        

Operating, shall be used for all other expenses for the Center.    2,142        

      The Bureau of Workers' Compensation shall not consider       2,144        

appropriations made to the Camera Center Fund (Fund 4Y6) when      2,145        

establishing administrative cost rates.                                         

      Balances                                                     2,147        

      Notwithstanding any provision of law to the contrary, the    2,149        

Director of Budget and Management shall make any transfers of      2,150        

cash balances between funds made necessary by the creation of new  2,151        

funds, or the consolidation of funds as authorized by the General  2,152        

Assembly.  Within the first five days after the effective date of  2,153        

this section, the administering agency head shall certify to the   2,154        

director an estimate of the amount of the cash balance to be                    

transferred to the receiving fund.  The director may transfer the  2,155        

estimated amount when needed to make payments.  Within thirty      2,156        

days after the effective date of this section, the administering   2,157        

agency head shall certify the final amount to the director.  The   2,158        

director shall transfer the difference between any estimated                    

amount previously transferred and such certified final amount.     2,159        

      To implement such funding changes as described above         2,161        

pertaining to prior year encumbrance balances and commensurate     2,162        

                                                          51     


                                                                 
appropriation authority, in fiscal year 2000 the Director of       2,163        

Budget and Management may cancel encumbrances outstanding on June  2,164        

30, 1999, and reestablish such prior year encumbrances or parts    2,165        

of encumbrances as needed in fiscal year 2000 in the appropriate                

fund or appropriation item as authorized in this act for the same  2,166        

purpose and to the same vendor.  As determined by the director,    2,167        

the appropriation authority necessary to reestablish such prior    2,168        

year encumbrances in fiscal year 2000 in a different fund or       2,169        

appropriation item within an agency or between agencies is hereby  2,170        

authorized.  The director shall reduce each prior year's                        

appropriation authority by the amount of the encumbrances          2,171        

canceled in their respective funds and appropriation items.        2,172        

      Vocational Rehabilitation                                    2,174        

      The Bureau of Workers' Compensation and the Rehabilitation   2,176        

Services Commission shall enter into an interagency agreement for  2,177        

the provision of vocational rehabilitation services and staff to   2,178        

mutually eligible clients.  The Bureau shall provide $523,245 in   2,179        

fiscal year 2000 and $537,896 in fiscal year 2001 from the State   2,180        

Insurance Fund to fund vocational rehabilitation services and      2,181        

staff in accordance with the interagency agreement.                2,182        

      Fund Balance                                                 2,184        

      Any unencumbered cash balance in excess of $45,000,000 in    2,186        

the Workers' Compensation Fund (Fund 023) on the thirtieth day of  2,187        

June of each fiscal year shall be used to reduce the               2,188        

administrative cost rate charged to employers to cover             2,189        

appropriations for Bureau of Workers' Compensation and Industrial  2,190        

Commission operations.                                             2,191        

      Section 5.  Accounting                                       2,193        

      Within the limits set forth in this act, the Director of     2,196        

Budget and Management shall establish accounts indicating the      2,197        

source and amount of funds for each appropriation made in this                  

act, and shall determine the form and manner in which              2,198        

appropriation accounts shall be maintained.                        2,199        

      The appropriations made in this act are subject to all       2,201        

                                                          52     


                                                                 
provisions of the main operating appropriations act of the 123rd   2,202        

General Assembly that are generally applicable to such             2,203        

appropriations.                                                                 

      Section 6.  Reissuance of Voided Warrants                    2,205        

      In order to provide funds for the reissuance of voided       2,207        

warrants pursuant to section 117.47 of the Revised Code, there is  2,208        

hereby appropriated, out of moneys in the state treasury from the  2,209        

fund credited as provided in section 117.47 of the Revised Code,   2,210        

that amount sufficient to pay such warrants when approved by the   2,211        

Office of Budget and Management.                                   2,212        

      Section 7.  Judgments Against State                          2,214        

      Any appropriations contained in this act, except those to    2,216        

be applied to or used for payment of guarantees by or on behalf    2,217        

of the state or for debt service on bonds, notes, or certificates  2,218        

of participation, may be used for the purpose of satisfying        2,219        

judgments, settlements, or administrative awards ordered or        2,220        

approved by the Court of Claims or any other court of competent    2,221        

jurisdiction in connection with civil actions against the state.   2,223        

      Section 8.  Reappropriation of Unexpended Balances           2,225        

      Notwithstanding section 131.33 of the Revised Code,          2,227        

unexpended balances of appropriations and reappropriations         2,228        

against which encumbrances have been lawfully incurred by the      2,229        

Bureau of Workers' Compensation are, at the close of fiscal years  2,230        

1999 and 2000, to the extent of such encumbrances, hereby          2,231        

reappropriated from the funds from which they were originally      2,232        

appropriated and reappropriated and, except for encumbrances for   2,233        

items of special order manufacture not available on term contract  2,234        

or open market, made available for the purpose of discharging      2,235        

such encumbrances for a period of five months from the end of the  2,236        

fiscal year.  Unexpended balances of appropriations and            2,237        

reappropriations against which encumbrances for items of special   2,238        

order manufacture not available on term contract or in the open    2,239        

market have been lawfully incurred are, at the close of the        2,240        

fiscal year, to the extent of such encumbrances, hereby            2,241        

                                                          53     


                                                                 
reappropriated and made available for the purpose of discharging   2,242        

such encumbrances for a period of five months from the end of the  2,243        

fiscal year or, if the Director of Budget and Management           2,244        

approves, for a period of not more than twelve months from the     2,245        

end of the fiscal year.                                                         

      Any items for which unexpended balances are reappropriated   2,247        

beyond a five-month period from the end of the fiscal year shall   2,248        

be reported to the Controlling Board by the Director of Budget     2,249        

and Management.  The report on each such item shall include the    2,250        

item, the cost of the item, the vendor involved, and the delivery  2,251        

date.  Such reports to the board shall be updated on a quarterly   2,252        

basis while the encumbrance remains open.                          2,253        

      After any such period, reappropriations made for the         2,255        

purpose of discharging encumbrances for operating expenses,        2,256        

defined as those encumbrances incurred for personal services,      2,257        

maintenance, and equipment, are canceled.  Reappropriations for    2,258        

encumbrances other than operating expenses or items of special     2,259        

manufacture not available on term contract or in the open market   2,260        

may be extended by obtaining the approval of the Director of       2,261        

Budget and Management.                                                          

      Section 9.  Independent and Severable Items                  2,263        

      If any item of law that constitutes the whole or part of a   2,266        

codified or uncodified section of law contained in this act, or    2,267        

if any application of any item of law that constitutes the whole   2,268        

or part of a codified or uncodified section of law contained in    2,269        

this act, is held invalid, the invalidity does not affect other    2,270        

items of law or applications of items of law that can be given     2,271        

effect without the invalid item of law or application.  To this    2,272        

end, the items of law of which the codified and uncodified         2,273        

sections contained in this act are composed, and their             2,274        

applications, are independent and severable.                                    

      Section 10.  Effective Dates-Codified Sections               2,276        

      The sections of the Revised Code contained in this act, and  2,278        

the items of law of which such sections of the Revised Code are    2,279        

                                                          54     


                                                                 
composed, are subject to the referendum.  Therefore, under Ohio    2,280        

Constitution, Article II, Section 1c and section 1.471 of the      2,281        

Revised Code, the sections of the Revised Code contained in this   2,282        

act, and the items of law of which such sections of the Revised                 

Code are composed, take effect on the ninety-first day after this  2,283        

act is filed with the Secretary of State.  If, however, a          2,284        

referendum petition is filed against any section of the Revised    2,285        

Code contained in this act, or against any item of law of which    2,286        

such a section of the Revised Code is composed, the section or     2,287        

item of law, unless rejected at the referendum, takes effect at                 

the earliest time permitted by law.                                2,288        

      Section 11.  Effective Dates-Uncodified Sections             2,290        

      The uncodified sections of law contained in this act, and    2,293        

the items of law of which the uncodified sections of law           2,294        

contained in this act are composed, are not subject to the         2,295        

referendum.  Therefore, under Ohio Constitution, Article II,       2,296        

Section 1d and section 1.471 of the Revised Code, the uncodified   2,297        

sections of law contained in this act, and the items of law of     2,298        

which the uncodified sections of law contained in this act are     2,300        

composed go into immediate effect when this act becomes law.                    

      Section 12.  Section 121.03 of the Revised Code is           2,302        

presented in this act as a composite of the section as amended by  2,303        

both Am. Sub. H.B. 7 and Am. Sub. S.B. 162 of the 121st General    2,304        

Assembly, with the new language of neither of the acts shown in    2,306        

capital letters.  This is in recognition of the principle stated   2,307        

in division (B) of section 1.52 of the Revised Code that such      2,308        

amendments are to be harmonized where not substantively            2,309        

irreconcilable and constitutes a legislative finding that such is  2,310        

the resulting version in effect prior to the effective date of     2,311        

this act.                                                                       

      Section 13.  Section 4123.511 of the Revised Code is         2,313        

presented in this act as a composite of the section as amended by  2,314        

both Am. Sub. H.B. 362 and Am. Sub. H.B. 363 of the 122nd General  2,315        

Assembly, with the new language of neither of the acts shown in    2,317        

                                                          55     


                                                                 
capital letters.  This is in recognition of the principle stated   2,318        

in division (B) of section 1.52 of the Revised Code that such      2,319        

amendments are to be harmonized where not substantively            2,320        

irreconcilable and constitutes a legislative finding that such is  2,321        

the resulting version in effect prior to the effective date of     2,322        

this act.