As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 266  5            

      1999-2000                                                    6            


                          SENATOR HORN                             8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 4123.01 and 4123.35 of the Revised  12           

                Code to permit public employers, other than the    13           

                state, to become self-insuring employers for       14           

                purposes of the Workers' Compensation Law.         15           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        17           

      Section 1.  That sections 4123.01 and 4123.35 of the         19           

Revised Code be amended to read as follows:                        20           

      Sec. 4123.01.  As used in this chapter:                      29           

      (A)(1)  "Employee" means:                                    31           

      (a)  Every person in the service of the state, or of any     33           

county, municipal corporation, township, or school district        34           

therein, including regular members of lawfully constituted police  35           

and fire departments of municipal corporations and townships,      36           

whether paid or volunteer, and wherever serving within the state   37           

or on temporary assignment outside thereof, and executive          38           

officers of boards of education, under any appointment or          39           

contract of hire, express or implied, oral or written, including   40           

any elected official of the state, or of any county, municipal     41           

corporation, or township, or members of boards of education;.      42           

      As used in division (A)(1)(a) of this section, the term      45           

"regular members of lawfully constituted police and fire                        

departments" includes the following persons when the person        46           

responds to an inherently dangerous situation that calls for an    47           

immediate response on the part of the person, regardless of        48           

whether the person is within the limits of the jurisdiction of     49           

the person's regular employment or voluntary service when          50           

                                                          2      


                                                                 
responding, on the condition that the person responds to the       51           

situation as the person otherwise would if the person were on      52           

duty in the person's jurisdiction.                                              

      (i)  Off-duty peace officers.  As used in division           54           

(A)(1)(a)(i) of this section, "peace officer" means a member of    56           

the organized police department of any municipal corporation,      57           

including a member of the organized police department of a         58           

municipal corporation in an adjoining state serving in Ohio under  59           

a contract pursuant to section 737.04 of the Revised Code, member  61           

of a police force employed by a metropolitan housing authority     62           

under division (D) of section 3735.31 of the Revised Code, member  65           

of a police force employed by a regional transit authority under                

division (Y) of section 306.05 of the Revised Code, state          68           

university law enforcement officer appointed under section                      

3345.04 of the Revised Code, Ohio veterans' home police officer    70           

appointed under section 5907.02 of the Revised Code, police        72           

constable of any township, police officer of a township or joint   73           

township police district, state highway patrol trooper, and        74           

member of a qualified nonprofit corporation police department      75           

established pursuant to section 1702.80 of the Revised Code.                    

      As used in division (A)(1)(a) of this section with respect   78           

to off-duty peace officers, "jurisdiction" means the limits of     79           

the municipal corporation, township, metropolitan housing                       

authority housing project, regional transit authority facilities   80           

or areas of a municipal corporation that have been agreed to by a  81           

regional transit authority and a municipal corporation located     82           

within its territorial jurisdiction, college, university, or Ohio  83           

veterans' home in which the peace officer is appointed, employed,  84           

or elected.                                                                     

      (ii)  Off-duty firefighters, whether paid or volunteer, of   86           

a lawfully constituted fire department.  As used in division       87           

(A)(1)(a) of this section with respect to off-duty firefighters,   89           

"jurisdiction" means the limits of the political subdivision,      90           

joint ambulance district, fire district, or joint fire district    91           

                                                          3      


                                                                 
in which the firefighter is appointed or employed.                              

      (iii)  Off-duty first responders, emergency medical          93           

technicians-basic, emergency medical technicians-intermediate, or  94           

emergency medical technicians-paramedic, whether paid or           95           

volunteer, of an ambulance service organization or emergency       96           

medical service organization pursuant to Chapter 4765. of the      97           

Revised Code.  As used in division (A)(1)(a) of this section with  100          

respect to off-duty first responders and emergency medical                      

technicians, "jurisdiction" means the limits of the political      101          

subdivision or joint ambulance district in which the first         103          

responder or emergency medical technician is employed or           104          

volunteers as a first responder or emergency medical technician.   105          

      (b)  Every person in the service of any person, firm, or     107          

private corporation, including any public service corporation,     108          

that (i) employs one or more persons regularly in the same         109          

business or in or about the same establishment under any contract  110          

of hire, express or implied, oral or written, including aliens     111          

and minors, household workers who earn one hundred sixty dollars   112          

or more in cash in any calendar quarter from a single household    113          

and casual workers who earn one hundred sixty dollars or more in   114          

cash in any calendar quarter from a single employer, or (ii) is    115          

bound by any such contract of hire or by any other written         116          

contract, to pay into the state insurance fund the premiums        117          

provided by this chapter.                                          118          

      (c)  Every person who performs labor or provides services    121          

pursuant to a construction contract, as defined in section         122          

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

criteria apply:                                                                 

      (i)  The person is required to comply with instructions      125          

from the other contracting party regarding the manner or method    126          

of performing services;                                                         

      (ii)  The person is required by the other contracting party  129          

to have particular training;                                                    

      (iii)  The person's services are integrated into the         132          

                                                          4      


                                                                 
regular functioning of the other contracting party;                133          

      (iv)  The person is required to perform the work             135          

personally;                                                                     

      (v)  The person is hired, supervised, or paid by the other   137          

contracting party;                                                              

      (vi)  A continuing relationship exists between the person    140          

and the other contracting party that contemplates continuing or    141          

recurring work even if the work is not full time;                  142          

      (vii)  The person's hours of work are established by the     145          

other contracting party;                                                        

      (viii)  The person is required to devote full time to the    148          

business of the other contracting party;                                        

      (ix)  The person is required to perform the work on the      151          

premises of the other contracting party;                                        

      (x)  The person is required to follow the order of work set  154          

by the other contracting party;                                                 

      (xi)  The person is required to make oral or written         157          

reports of progress to the other contracting party;                158          

      (xii)  The person is paid for services on a regular basis    161          

such as hourly, weekly, or monthly;                                             

      (xiii)  The person's expenses are paid for by the other      163          

contracting party;                                                              

      (xiv)  The person's tools and materials are furnished by     166          

the other contracting party;                                                    

      (xv)  The person is provided with the facilities used to     168          

perform services;                                                               

      (xvi)  The person does not realize a profit or suffer a      171          

loss as a result of the services provided;                                      

      (xvii)  The person is not performing services for a number   174          

of employers at the same time;                                                  

      (xviii)  The person does not make the same services          176          

available to the general public;                                   177          

      (xix)  The other contracting party has a right to discharge  180          

the person;                                                                     

                                                          5      


                                                                 
      (xx)  The person has the right to end the relationship with  183          

the other contracting party without incurring liability pursuant   184          

to an employment contract or agreement.                            185          

      Every person in the service of any independent contractor    187          

or subcontractor who has failed to pay into the state insurance    188          

fund the amount of premium determined and fixed by the             189          

administrator of workers' compensation for the person's            190          

employment or occupation or if a self-insuring employer has        191          

failed to pay compensation and benefits directly to the            192          

employer's injured and to the dependents of the employer's killed  193          

employees as required by section 4123.35 of the Revised Code,      195          

shall be considered as the employee of the person who has entered  196          

into a contract, whether written or verbal, with such independent  197          

contractor unless such employees or their legal representatives    198          

or beneficiaries elect, after injury or death, to regard such      199          

independent contractor as the employer.                                         

      (2)  "Employee" does not mean:                               201          

      (a)  A duly ordained, commissioned, or licensed minister or  203          

assistant or associate minister of a church in the exercise of     204          

ministry; or                                                       205          

      (b)  Any officer of a family farm corporation.               207          

      Any employer may elect to include as an "employee" within    209          

this chapter, any person excluded from the definition of           210          

"employee" pursuant to division (A)(2) of this section.  If an     211          

employer is a partnership, sole proprietorship, or family farm     212          

corporation, such employer may elect to include as an "employee"   213          

within this chapter, any member of such partnership, the owner of  214          

the sole proprietorship, or the officers of the family farm        215          

corporation.  In the event of an election, the employer shall      216          

serve upon the bureau of workers' compensation written notice      217          

naming the persons to be covered, include such employee's          218          

remuneration for premium purposes in all future payroll reports,   219          

and no person excluded from the definition of "employee" pursuant  220          

to division (A)(2) of this section, proprietor, or partner shall   221          

                                                          6      


                                                                 
be deemed an employee within this division until the employer has  222          

served such notice.                                                223          

      For informational purposes only, the bureau shall prescribe  225          

such language as it considers appropriate, on such of its forms    226          

as it considers appropriate, to advise employers of their right    227          

to elect to include as an "employee" within this chapter a sole    228          

proprietor, any member of a partnership, the officers of a family  229          

farm corporation, or a person excluded from the definition of      230          

"employee" under division (A)(2)(a) of this section, that they     231          

should check any health and disability insurance policy, or other  232          

form of health and disability plan or contract, presently          233          

covering them, or the purchase of which they may be considering,   234          

to determine whether such policy, plan, or contract excludes       235          

benefits for illness or injury that they might have elected to     236          

have covered by workers' compensation.                             237          

      (B)  "Employer" means:                                       239          

      (1)  The state, including state hospitals, each county,      241          

municipal corporation, township, school district, and hospital     242          

owned by a political subdivision or subdivisions other than the    243          

state;                                                             244          

      (2)  Every person, firm, and private corporation, including  246          

any public service corporation, that (a) has in service one or     247          

more employees regularly in the same business or in or about the   248          

same establishment under any contract of hire, express or          249          

implied, oral or written, or (b) is bound by any such contract of  250          

hire or by any other written contract, to pay into the insurance   251          

fund the premiums provided by this chapter.                        252          

      All such employers are subject to this chapter.  Any member  254          

of a firm or association, who regularly performs manual labor in   255          

or about a mine, factory, or other establishment, including a      256          

household establishment, shall be considered an employee in        257          

determining whether such person, firm, or private corporation, or  258          

public service corporation, has in its service, one or more        259          

employees and the employer shall report the income derived from    260          

                                                          7      


                                                                 
such labor to the bureau as part of the payroll of such employer,  261          

and such member shall thereupon be entitled to all the benefits    262          

of an employee.                                                    263          

      (C)  "Injury" includes any injury, whether caused by         265          

external accidental means or accidental in character and result,   266          

received in the course of, and arising out of, the injured         267          

employee's employment.  "Injury" does not include:                 268          

      (1)  Psychiatric conditions except where the conditions      270          

have arisen from an injury or occupational disease;                271          

      (2)  Injury or disability caused primarily by the natural    274          

deterioration of tissue, an organ, or part of the body;            275          

      (3)  Injury or disability incurred in voluntary              277          

participation in an employer-sponsored recreation or fitness       278          

activity if the employee signs a waiver of the employee's right    279          

to compensation or benefits under this chapter prior to engaging   280          

in the recreation or fitness activity.                             281          

      (D)  "Child" includes a posthumous child and a child         283          

legally adopted prior to the injury.                               284          

      (E)  "Family farm corporation" means a corporation founded   286          

for the purpose of farming agricultural land in which the          287          

majority of the voting stock is held by and the majority of the    288          

stockholders are persons or the spouse of persons related to each  289          

other within the fourth degree of kinship, according to the rules  290          

of the civil law, and at least one of the related persons is       291          

residing on or actively operating the farm, and none of whose      292          

stockholders are a corporation.  A family farm corporation does    293          

not cease to qualify under this division where, by reason of any   294          

devise, bequest, or the operation of the laws of descent or        295          

distribution, the ownership of shares of voting stock is           296          

transferred to another person, as long as that person is within    297          

the degree of kinship stipulated in this division.                 298          

      (F)  "Occupational disease" means a disease contracted in    300          

the course of employment, which by its causes and the              301          

characteristics of its manifestation or the condition of the       302          

                                                          8      


                                                                 
employment results in a hazard which distinguishes the employment  303          

in character from employment generally, and the employment                      

creates a risk of contracting the disease in greater degree and    304          

in a different manner from the public in general.                  305          

      (G)  "Self-insuring employer" means any of the following     307          

categories of employers if AN EMPLOYER WHO IS granted the          308          

privilege of paying compensation and benefits directly under       310          

section 4123.35 of the Revised Code:                               311          

      (1)  Any employer mentioned in division (B)(2) of this       313          

section;                                                           314          

      (2)  A board of county hospital trustees;                    316          

      (3)  A publicly owned utility;                               318          

      (4)  A, INCLUDING A board of county commissioners for the    320          

sole purpose of constructing a sports facility as defined in       322          

section 307.696 of the Revised Code, provided that the electors    323          

of the county in which the sports facility is to be built have     324          

approved construction of a sports facility by ballot election no   325          

later than November 6, 1997.                                       326          

      (H)  "PUBLIC EMPLOYER" MEANS AN EMPLOYER AS DEFINED IN       328          

DIVISION (B)(1) OF THIS SECTION.                                   329          

      Sec. 4123.35.  (A)  Except as provided in this section,      338          

every employer mentioned in division (B)(2) of section 4123.01 of  339          

the Revised Code, and every publicly owned utility shall pay       340          

semiannually in the months of January and July into the state      342          

insurance fund the amount of annual premium the administrator of   343          

workers' compensation fixes for the employment or occupation of    344          

the employer, the amount of which premium to be paid by each       345          

employer to be determined by the classifications, rules, and       346          

rates made and published by the administrator.  The employer                    

shall pay semiannually a further sum of money into the state       347          

insurance fund as may be ascertained to be due from the employer   350          

by applying the rules of the administrator, and a receipt or       351          

certificate certifying that payment has been made shall be mailed  353          

immediately to the employer by the bureau of workers'                           

                                                          9      


                                                                 
compensation.  The receipt or certificate is prima facie evidence  354          

of the payment of the premium.                                     355          

      The bureau of workers' compensation shall verify with the    357          

secretary of state the existence of all corporations and           358          

organizations making application for workers' compensation         359          

coverage and shall require every such application to include the   360          

employer's federal identification number.                          361          

      An employer as defined in division (B)(2) of section         363          

4123.01 of the Revised Code who has contracted with a              364          

subcontractor is liable for the unpaid premium due from any        365          

subcontractor with respect to that part of the payroll of the      366          

subcontractor that is for work performed pursuant to the contract  368          

with the employer.                                                              

      Division (A) of this section providing for the payment of    372          

premiums semiannually does not apply to any employer who was a                  

subscriber to the state insurance fund prior to January 1, 1914,   373          

or who may first become a subscriber to the fund in any month      374          

other than January or July.  Instead, the semiannual premiums      375          

shall be paid by those employers from time to time upon the        376          

expiration of the respective periods for which payments into the   377          

fund have been made by them.                                                    

      The administrator shall adopt rules to permit employers to   379          

make periodic payments of the semiannual premium due under this    380          

division.  The rules shall include provisions for the assessment   381          

of interest charges, where appropriate, and for the assessment of  382          

penalties when an employer fails to make timely premium payments.  384          

An employer who timely pays the amounts due under this division    385          

is entitled to all of the benefits and protections of this         386          

chapter.  Upon receipt of payment, the bureau immediately shall    387          

mail a receipt or certificate to the employer certifying that                   

payment has been made, which receipt is prima-facie evidence of    389          

payment.  Workers' compensation coverage under this chapter        390          

continues uninterrupted upon timely receipt of payment under this  391          

division.                                                                       

                                                          10     


                                                                 
      Every PUBLIC employer mentioned in division (B)(1) of        393          

section 4123.01 of the Revised Code, except boards of county       394          

hospital trustees PUBLIC EMPLOYERS that are self-insuring          395          

employers under this section, shall comply with sections 4123.38   397          

to 4123.41, and 4123.48 of the Revised Code in regard to the       399          

contribution of moneys to the public insurance fund.               400          

      (B)  Provided, that employers mentioned in division (B)(2)   402          

of section 4123.01 of the Revised Code, boards of county hospital  403          

trustees, and publicly owned utilities EMPLOYERS, OTHER THAN THE   404          

STATE, who will abide by the rules of the administrator and who    406          

may be of sufficient financial ability to render certain the       407          

payment of compensation to injured employees or the dependents of  408          

killed employees, and the furnishing of medical, surgical,         409          

nursing, and hospital attention and services and medicines, and    410          

funeral expenses, equal to or greater than is provided for in      411          

sections 4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of    412          

the Revised Code, and who do not desire to insure the payment      413          

thereof or indemnify themselves against loss sustained by the      414          

direct payment thereof, upon a finding of such facts by the        415          

administrator, may be granted the privilege to pay individually    416          

compensation, and furnish medical, surgical, nursing, and          417          

hospital services and attention and funeral expenses directly to   418          

injured employees or the dependents of killed employees, thereby   419          

being granted status as a self-insuring employer.  The             421          

administrator may charge employers, boards of county hospital      422          

trustees, or publicly owned utilities who apply for the status as  423          

a self-insuring employer a reasonable application fee to cover     424          

the bureau's costs in connection with processing and making a      425          

determination with respect to an application.  All                 426          

      ALL employers granted such status shall demonstrate          429          

sufficient financial and administrative ability to assure that     430          

all obligations under this section are promptly met.  The          431          

administrator shall deny the privilege where the employer is       432          

unable to demonstrate the employer's ability to promptly meet all  433          

                                                          11     


                                                                 
the obligations imposed on the employer by this section.  The      434          

      (1)  THE administrator shall consider, but is not limited    437          

to, the following factors, where applicable, in determining the    438          

employer's ability to meet all of the obligations imposed on the   439          

employer by this section:                                          440          

      (1)(a)  The employer employs a minimum of five hundred       442          

employees in this state;                                           443          

      (2)(b)  The employer has operated in this state for a        445          

minimum of two years, provided that an employer who has            446          

purchased, acquired, or otherwise succeeded to the operation of a  447          

business, or any part thereof, situated in this state that has     448          

operated for at least two years in this state, also shall          449          

qualify;                                                                        

      (3)(c)  Where the employer previously contributed to the     451          

state insurance fund or is a successor employer as defined by      452          

bureau rules, the amount of the buy-out, as defined by bureau      453          

rules;                                                                          

      (4)(d)  The sufficiency of the employer's assets located in  455          

this state to insure the employer's solvency in paying             456          

compensation directly;                                             457          

      (5)(e)  The financial records, documents, and data,          459          

certified by a certified public accountant, necessary to provide   460          

the employer's full financial disclosure.  The records,            461          

documents, and data include, but are not limited to, balance       462          

sheets and profit and loss history for the current year and        463          

previous four years.                                               464          

      (6)(f)  The employer's organizational plan for the           466          

administration of the workers' compensation law;                   467          

      (7)(g)  The employer's proposed plan to inform employees of  469          

the change from a state fund insurer to a self-insuring employer,  470          

the procedures the employer will follow as a self-insuring         471          

employer, and the employees' rights to compensation and benefits;  472          

and                                                                473          

      (8)(h)  The employer has either an account in a financial    475          

                                                          12     


                                                                 
institution in this state, or if the employer maintains an         476          

account with a financial institution outside this state, ensures   477          

that workers' compensation checks are drawn from the same account  478          

as payroll checks or the employer clearly indicates that payment   479          

will be honored by a financial institution in this state.          480          

      The administrator may waive the requirements of divisions    482          

(B)(1)(a) and (2)(b) of this section and the requirement of        484          

division (B)(5)(1)(e) of this section that the financial records,  485          

documents, and data be certified by a certified public             487          

accountant.  The administrator shall adopt rules establishing the  488          

criteria that an employer shall meet in order for the              489          

administrator to waive the requirement of division (B)(5)(1)(e)    490          

of this section.  Such rules may require additional security of    492          

that employer pursuant to division (E) of section 4123.351 of the  493          

Revised Code.  The administrator shall not grant the status of     494          

self-insuring employer to any public employer, other than          495          

publicly owned utilities and boards of county hospital trustees    496          

THE STATE.                                                                      

      (2)  WHEN CONSIDERING THE APPLICATION OF A PUBLIC EMPLOYER,  498          

EXCEPT FOR A BOARD OF COUNTY COMMISSIONERS DESCRIBED IN DIVISION   499          

(G) OF SECTION 4123.01 OF THE REVISED CODE, A BOARD OF A COUNTY    500          

HOSPITAL, OR A PUBLICLY OWNED UTILITY, THE ADMINISTRATOR SHALL     502          

VERIFY THAT THE PUBLIC EMPLOYER SATISFIES ALL OF THE FOLLOWING     503          

REQUIREMENTS AS THE REQUIREMENTS APPLY TO THAT PUBLIC EMPLOYER:    504          

      (a)  FOR THE TWO-YEAR PERIOD PRECEDING APPLICATION UNDER     506          

THIS SECTION, THE PUBLIC EMPLOYER HAS MAINTAINED AN UNVOTED DEBT   507          

CAPACITY EQUAL TO AT LEAST TWO TIMES THE AMOUNT OF THE CURRENT     510          

ANNUAL PREMIUM ESTABLISHED BY THE ADMINISTRATOR UNDER THIS                      

CHAPTER FOR THAT PUBLIC EMPLOYER FOR THE YEAR IMMEDIATELY          511          

PRECEDING THE YEAR IN WHICH THE PUBLIC EMPLOYER MAKES APPLICATION  512          

UNDER THIS SECTION.                                                513          

      (b)  FOR EACH OF THE TWO FISCAL YEARS PRECEDING APPLICATION  515          

UNDER THIS SECTION, THE UNAPPROPRIATED AND UNOBLIGATED YEAR-END    517          

BALANCE IN THE PUBLIC EMPLOYER'S GENERAL FUND IS EQUAL TO AT       518          

                                                          13     


                                                                 
LEAST FIVE PER CENT OF THE PUBLIC EMPLOYER'S GENERAL FUND          519          

REVENUES FOR THE FISCAL YEAR.                                      520          

      (c)  FOR THE FIVE-YEAR PERIOD PRECEDING APPLICATION UNDER    522          

THIS SECTION, THE PUBLIC EMPLOYER, TO THE EXTENT APPLICABLE, HAS   524          

COMPLIED FULLY WITH THE CONTINUING DISCLOSURE REQUIREMENTS         525          

ESTABLISHED IN RULES ADOPTED BY THE UNITED STATES SECURITIES AND   527          

EXCHANGE COMMISSION UNDER 17 C.F.R. 240.15c2-12.                   529          

      (d)  FOR THE FIVE-YEAR PERIOD PRECEDING APPLICATION UNDER    531          

THIS SECTION, THE PUBLIC EMPLOYER HAS NOT HAD ITS LOCAL            532          

GOVERNMENT FUND DISTRIBUTION WITHHELD ON ACCOUNT OF THE PUBLIC     533          

EMPLOYER BEING INDEBTED OR OTHERWISE OBLIGATED TO THE STATE.       534          

      (e)  FOR THE FIVE-YEAR PERIOD PRECEDING APPLICATION UNDER    536          

THIS SECTION, THE PUBLIC EMPLOYER HAS NOT BEEN UNDER A FISCAL      537          

EMERGENCY PURSUANT TO SECTION 118.04 OR 3316.03 OF THE REVISED     539          

CODE.                                                                           

      (f)  THE PUBLIC EMPLOYER FILES AN ANNUAL FINANCIAL REPORT    541          

WITH THE AUDITOR OF STATE AS REQUIRED UNDER SECTION 117.38 OF THE  542          

REVISED CODE.                                                      543          

      (g)  ON THE DATE OF APPLICATION, THE PUBLIC EMPLOYER HOLDS   545          

A DEBT RATING OF AA3 OR HIGHER ACCORDING TO MOODY'S INVESTORS      546          

SERVICE, INC., OR A COMPARABLE RATING BY AN INDEPENDENT RATING     547          

AGENCY SIMILAR TO MOODY'S INVESTORS SERVICE, INC.                  548          

      (h)  THE PUBLIC EMPLOYER AGREES TO GENERATE AN ANNUAL        550          

ACCUMULATING BOOK RESERVE IN ITS FINANCIAL STATEMENTS REFLECTING   551          

AN ACTUARIALLY GENERATED RESERVE ADEQUATE TO PAY PROJECTED CLAIMS  553          

UNDER THIS CHAPTER FOR THE APPLICABLE PERIOD OF TIME, AS                        

DETERMINED BY THE ADMINISTRATOR.                                   554          

      (i)  ANY ADDITIONAL CRITERIA THAT THE ADMINISTRATOR ADOPTS   556          

BY RULE PURSUANT TO DIVISION (E) OF THIS SECTION.                  557          

      THE ADMINISTRATOR SHALL NOT APPROVE THE APPLICATION OF A     559          

PUBLIC EMPLOYER, EXCEPT FOR A BOARD OF COUNTY COMMISSIONERS        560          

DESCRIBED IN DIVISION (G) OF SECTION 4123.01 OF THE REVISED CODE,  562          

A BOARD OF A COUNTY HOSPITAL, OR PUBLICLY OWNED UTILITY, WHO DOES  563          

NOT SATISFY ALL OF THE REQUIREMENTS LISTED IN DIVISION (B)(2) OF   564          

                                                          14     


                                                                 
THIS SECTION.                                                                   

      AS USED IN THIS DIVISION, "UNVOTED DEBT CAPACITY" MEANS THE  566          

AMOUNT OF MONEY THAT A PUBLIC EMPLOYER MAY BORROW WITHOUT VOTER    568          

APPROVAL OF A TAX LEVY.                                                         

      (C)  Provided, that a A board of county commissioners        570          

mentioned DESCRIBED in division (G)(4) of section 4123.01 of the   572          

Revised Code, as an employer, that will abide by the rules of the  574          

administrator and that may be of sufficient financial ability to   575          

render certain the payment of compensation to injured employees    576          

or the dependents of killed employees, and the furnishing of       577          

medical, surgical, nursing, and hospital attention and services    578          

and medicines, and funeral expenses, equal to or greater than is                

provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64  579          

to 4123.67 of the Revised Code, and that does not desire to        582          

insure the payment thereof or indemnify itself against loss        583          

sustained by the direct payment thereof, upon a finding of such    584          

facts by the administrator, may be granted the privilege to pay    585          

individually compensation, and furnish medical, surgical,          586          

nursing, and hospital services and attention and funeral expenses               

directly to injured employees or the dependents of killed          587          

employees, thereby being granted status as a self-insuring         588          

employer.  The administrator may charge a board of county          590          

commissioners mentioned DESCRIBED in division (G)(4) of section    591          

4123.01 of the Revised Code that applies for the status as a       593          

self-insuring employer a reasonable application fee to cover the   594          

bureau's costs in connection with processing and making a          595          

determination with respect to an application.  All employers                    

granted such status shall demonstrate sufficient financial and     596          

administrative ability to assure that all obligations under this   597          

section are promptly met.  The administrator shall deny the        598          

privilege where the employer is unable to demonstrate the          599          

employer's ability to promptly meet all the obligations imposed    600          

on the employer by this section.  The administrator shall          601          

consider, but is not limited to, the following factors, where      602          

                                                          15     


                                                                 
applicable, in determining the employer's ability to meet all of   603          

the obligations imposed on the board as an employer by this        604          

section:                                                                        

      (1)  The board as an employer employs a minimum of five      606          

hundred employees in this state;                                   607          

      (2)  The board has operated in this state for a minimum of   609          

two years;                                                                      

      (3)  Where the board previously contributed to the state     611          

insurance fund or is a successor employer as defined by bureau     612          

rules, the amount of the buy-out, as defined by bureau rules;      613          

      (4)  The sufficiency of the board's assets located in this   615          

state to insure the board's solvency in paying compensation        616          

directly;                                                                       

      (5)  The financial records, documents, and data, certified   618          

by a certified public accountant, necessary to provide the         619          

board's full financial disclosure.  The records, documents, and    620          

data include, but are not limited to, balance sheets and profit    621          

and loss history for the current year and previous four years.     622          

      (6)  The board's organizational plan for the administration  624          

of the workers' compensation law;                                  625          

      (7)  The board's proposed plan to inform employees of the    627          

proposed self-insurance, the procedures the board will follow as   628          

a self-insuring employer, and the employees' rights to             629          

compensation and benefits;                                                      

      (8)  The board has either an account in a financial          631          

institution in this state, or if the board maintains an account    633          

with a financial institution outside this state, ensures that      634          

workers' compensation checks are drawn from the same account as    635          

payroll checks or the board clearly indicates that payment will    636          

be honored by a financial institution in this state;               637          

      (9)  The board shall provide the administrator a surety      639          

bond in an amount equal to one hundred twenty-five per cent of     640          

the projected losses as determined by the administrator.           641          

      (D)  The administrator shall require a surety bond from all  643          

                                                          16     


                                                                 
self-insuring employers, issued pursuant to section 4123.351 of    644          

the Revised Code, that is sufficient to compel, or secure to       645          

injured employees, or to the dependents of employees killed, the   646          

payment of compensation and expenses, which shall in no event be   647          

less than that paid or furnished out of the state insurance fund   648          

in similar cases to injured employees or to dependents of killed   649          

employees whose employers contribute to the fund, except when an   650          

employee of the employer, who has suffered the loss of a hand,     651          

arm, foot, leg, or eye prior to the injury for which compensation  652          

is to be paid, and thereafter suffers the loss of any other of     653          

the members as the result of any injury sustained in the course    654          

of and arising out of the employee's employment, the compensation  656          

to be paid by the self-insuring employer is limited to the                      

disability suffered in the subsequent injury, additional           657          

compensation, if any, to be paid by the bureau out of the surplus  659          

created by section 4123.34 of the Revised Code.                    660          

      (E)  In addition to the requirements of this section, the    662          

administrator shall make and publish rules governing the manner    663          

of making application and the nature and extent of the proof       664          

required to justify a finding of fact by the administrator as to   665          

granting the status of a self-insuring employer, which rules       666          

shall be general in their application, one of which rules shall    667          

provide that all self-insuring employers shall pay into the state  668          

insurance fund such amounts as are required to be credited to the  669          

surplus fund in division (B) of section 4123.34 of the Revised     670          

Code.  THE ADMINISTRATOR MAY ADOPT RULES ESTABLISHING              671          

REQUIREMENTS IN ADDITION TO THE REQUIREMENTS DESCRIBED IN          672          

DIVISION (B)(2) OF THIS SECTION THAT A PUBLIC EMPLOYER SHALL MEET  673          

IN ORDER TO QUALIFY FOR SELF-INSURING STATUS.                      674          

      Employers shall secure directly from the bureau central      676          

offices application forms upon which the bureau shall stamp a      677          

designating number.  Prior to submission of an application, an     678          

employer shall make available to the bureau, and the bureau shall  679          

review, the information described in divisions DIVISION (B)(1) to  681          

                                                          17     


                                                                 
(8) of this section, AND PUBLIC EMPLOYERS SHALL MAKE AVAILABLE,    682          

AND THE BUREAU SHALL REVIEW, THE INFORMATION NECESSARY TO VERIFY   683          

WHETHER THE PUBLIC EMPLOYER MEETS THE REQUIREMENTS LISTED IN       684          

DIVISION (B)(2) OF THIS SECTION.  An employer shall file the       685          

completed application forms with an application fee, which shall   686          

cover the costs of processing the application, as established by   687          

the administrator, by rule, with the bureau at least ninety days   688          

prior to the effective date of the employer's new status as a      689          

self-insuring employer.  The application form is not deemed        690          

complete until all the required information is attached thereto.   691          

The bureau shall only accept applications that contain the         692          

required information.                                                           

      (F)  The bureau shall review completed applications within   694          

a reasonable time.  If the bureau determines to grant an employer  695          

the status as a self-insuring employer, the bureau shall issue a   696          

statement, containing its findings of fact, that is prepared by    697          

the bureau and signed by the administrator.  If the bureau         698          

determines not to grant the status as a self-insuring employer,    699          

the bureau shall notify the employer of the determination and      700          

require the employer to continue to pay its full premium into the  701          

state insurance fund.  The administrator also shall adopt rules    702          

establishing a minimum level of performance as a criterion for     703          

granting and maintaining the status as a self-insuring employer    704          

and fixing time limits beyond which failure of the self-insuring   705          

employer to provide for the necessary medical examinations and     706          

evaluations may not delay a decision on a claim.                   707          

      (G)  The administrator shall adopt rules setting forth       709          

procedures for auditing the program of self-insuring employers.    710          

The bureau shall conduct the audit upon a random basis or          711          

whenever the bureau has grounds for believing that an A            712          

SELF-INSURING employer is not in full compliance with bureau       714          

rules or this chapter.                                                          

      The administrator shall monitor the programs conducted by    716          

self-insuring employers, to ensure compliance with bureau          717          

                                                          18     


                                                                 
requirements and for that purpose, shall develop and issue to      718          

self-insuring employers standardized forms for use by the          719          

SELF-INSURING employer in all aspects of the SELF-INSURING         720          

employers' direct compensation program and for reporting of        722          

information to the bureau.                                                      

      The bureau shall receive and transmit to the SELF-INSURING   724          

employer all complaints concerning any self-insuring employer.     725          

In the case of a complaint against a self-insuring employer, the   726          

administrator shall handle the complaint through the               727          

self-insurance division of the bureau.  The bureau shall maintain  728          

a file by employer of all complaints received that relate to the   729          

employer.  The bureau shall evaluate each complaint and take       730          

appropriate action.                                                             

      The administrator shall adopt as a rule a prohibition        732          

against any self-insuring employer from harassing, dismissing, or  733          

otherwise disciplining any employee making a complaint, which      734          

rule shall provide for a financial penalty to be levied by the     735          

administrator payable by the offending SELF-INSURING employer.     736          

      (H)  For the purpose of making determinations as to whether  738          

to grant status as a self-insuring employer, the administrator     739          

may subscribe to and pay for a credit reporting service that       740          

offers financial and other business information about individual   741          

employers.  The costs in connection with the bureau's              742          

subscription or individual reports from the service about an       743          

applicant may be included in the application fee charged           744          

employers under this section.                                      745          

      (I)  The administrator, notwithstanding other provisions of  748          

this chapter, may permit a self-insuring employer to resume        749          

payment of premiums to the state insurance fund with appropriate   750          

credit modifications to the employer's basic premium rate as such  751          

rate is determined pursuant to section 4123.29 of the Revised      752          

Code.                                                                           

      (J)  On the first day of July of each year, the              754          

administrator shall calculate separately each self-insuring        755          

                                                          19     


                                                                 
employer's assessments for the safety and hygiene fund,            756          

administrative costs pursuant to section 4123.342 of the Revised   757          

Code, and for the portion of the surplus fund under division (B)   758          

of section 4123.34 of the Revised Code that is not used for        759          

handicapped reimbursement, on the basis of the paid compensation   760          

attributable to the individual self-insuring employer according    761          

to the following calculation:                                      762          

      (1)  The total assessment against all self-insuring          764          

employers as a class for each fund and for the administrative      765          

costs for the year that the assessment is being made, as           766          

determined by the administrator, divided by the total amount of    767          

paid compensation for the previous calendar year attributable to   768          

all amenable self-insuring employers;                              769          

      (2)  Multiply the quotient in division (J)(1) of this        771          

section by the total amount of paid compensation for the previous  772          

calendar year that is attributable to the individual               773          

self-insuring employer for whom the assessment is being            774          

determined.  Each self-insuring employer shall pay the assessment  775          

that results from this calculation, unless the assessment          776          

resulting from this calculation falls below a minimum assessment,  777          

which minimum assessment the administrator shall determine on the  778          

first day of July of each year with the advice and consent of the  779          

workers' compensation oversight commission, in which event, the    780          

self-insuring employer shall pay the minimum assessment.           781          

      In determining the total amount due for the total            783          

assessment against all self-insuring employers as a class for      784          

each fund and the administrative assessment, the administrator     785          

shall reduce proportionately the total for each fund and           787          

assessment by the amount of money in the self-insurance            788          

assessment fund as of the date of the computation of the           789          

assessment.                                                        790          

      The administrator shall calculate the assessment for the     792          

portion of the surplus fund under division (B) of section 4123.34  793          

of the Revised Code that is used for handicapped reimbursement in  794          

                                                          20     


                                                                 
the same manner as set forth in divisions (J)(1) and (2) of this   796          

section except that the administrator shall calculate the total    797          

assessment for this portion of the surplus fund only on the basis  798          

of those self-insuring employers that retain participation in the  799          

handicapped reimbursement program and the individual               800          

self-insuring employer's proportion of paid compensation shall be  801          

calculated only for those self-insuring employers who retain       802          

participation in the handicapped reimbursement program.  The       803          

administrator, as the administrator determines appropriate, may    805          

determine the total assessment for the handicapped portion of the  806          

surplus fund in accordance with sound actuarial principles.        807          

      The administrator shall calculate the assessment for the     809          

portion of the surplus fund under division (B) of section 4123.34  810          

of the Revised Code that under division (D) of section 4121.66 of  811          

the Revised Code is used for rehabilitation costs in the same      812          

manner as set forth in divisions (J)(1) and (2) of this section,   814          

except that the administrator shall calculate the total            815          

assessment for this portion of the surplus fund only on the basis  816          

of those self-insuring employers who have not made the election    817          

to make payments directly under division (D) of section 4121.66    818          

of the Revised Code and an individual self-insuring employer's     819          

proportion of paid compensation only for those self-insuring       820          

employers who have not made that election.                         821          

      An employer who no longer is a self-insuring employer in     823          

this state or who no longer is operating in this state, shall      824          

continue to pay assessments for administrative costs and for the   825          

portion of the surplus fund under division (B) of section 4123.34  826          

of the Revised Code that is not used for handicapped               827          

reimbursement, based upon paid compensation attributable to        828          

claims that occurred while the employer was a self-insuring        829          

employer within this state.                                        830          

      (K)  There is hereby created in the state treasury the       832          

self-insurance assessment fund.  All investment earnings of the    833          

fund shall be deposited in the fund.  The administrator shall use  834          

                                                          21     


                                                                 
the money in the self-insurance assessment fund only for           835          

administrative costs as specified in section 4123.341 of the       836          

Revised Code.                                                      837          

      (L)  Every self-insuring employer shall certify, in          839          

affidavit form subject to the penalty for perjury, to the bureau   840          

the amount of the self-insuring employer's paid compensation for   841          

the previous calendar year.  In reporting paid compensation paid   842          

for the previous year, a self-insuring employer shall exclude      843          

from the total amount of paid compensation any reimbursement the   844          

SELF-INSURING employer receives in the previous calendar year      846          

from the surplus fund pursuant to section 4123.512 of the Revised  847          

Code for any paid compensation.  The self-insuring employer also   848          

shall exclude from the paid compensation reported any amount       849          

recovered under section 4123.93 of the Revised Code and any        850          

amount that is determined not to have been payable to or on        851          

behalf of a claimant in any final administrative or judicial       852          

proceeding.  The self-insuring employer shall exclude such         853          

amounts from the paid compensation reported in the reporting       854          

period subsequent to the date the determination is made.  The      855          

administrator shall adopt rules, in accordance with Chapter 119.   856          

of the Revised Code, establishing the date by which self-insuring  857          

employers must submit such information and the amount of the       858          

assessments provided for in division (J) of this section for       859          

employers who have been granted self-insuring status within the    861          

last calendar year.                                                862          

      The administrator shall include any assessment that remains  864          

unpaid for previous assessment periods in the calculation and      865          

collection of any assessments due under this division or division  866          

(J) of this section.                                               867          

      (M)  As used in this section, "paid compensation" means all  869          

amounts paid by a self-insuring employer for living maintenance    870          

benefits, all amounts for compensation paid pursuant to sections   871          

4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60,     872          

and 4123.64 of the Revised Code, all amounts paid as wages in      873          

                                                          22     


                                                                 
lieu of such compensation, all amounts paid in lieu of such        874          

compensation under a nonoccupational accident and sickness         875          

program fully funded by the self-insuring employer, and all        876          

amounts paid by a self-insuring employer for a violation of a      877          

specific safety standard pursuant to Section 35 of Article II,     878          

Ohio Constitution and section 4121.47 of the Revised Code.         879          

      (N)  Should any section of this chapter or Chapter 4121. of  881          

the Revised Code providing for self-insuring employers'            882          

assessments based upon compensation paid be declared               883          

unconstitutional by a final decision of any court, then that       884          

section of the Revised Code declared unconstitutional shall        885          

revert back to the section in existence prior to November 3,       886          

1989, providing for assessments based upon payroll.                887          

      (O)  The administrator may grant a self-insuring employer    889          

the privilege to self-insure a construction project entered into   891          

by the self-insuring employer that is scheduled for completion     892          

within six years after the date the project begins, and the total  893          

cost of which is estimated to exceed one hundred million dollars.  895          

The administrator may waive such cost and time criteria and grant  896          

a self-insuring employer the privilege to self-insure a                         

construction project regardless of the time needed to complete     897          

the construction project and provided that the cost of the         898          

construction project is estimated to exceed fifty million          899          

dollars.  A self-insuring employer who desires to self-insure a    901          

construction project shall submit to the administrator an                       

application listing the dates the construction project is          902          

scheduled to begin and end, the estimated cost of the              904          

construction project, the contractors and subcontractors whose                  

employees are to be self-insured by the self-insuring employer,    905          

the provisions of a safety program that is specifically designed   906          

for the construction project, and a statement as to whether a      907          

collective bargaining agreement governing the rights, duties, and  908          

obligations of each of the parties to the agreement with respect   909          

to the construction project exists between the self-insuring       910          

                                                          23     


                                                                 
employer and a labor organization.                                 911          

      A self-insuring employer may apply to self-insure the        913          

employees of either of the following:                              914          

      (1)  All contractors and subcontractors who perform labor    916          

or work or provide materials for the construction project;         917          

      (2)  All contractors and, at the administrator's             919          

discretion, a substantial number of all the subcontractors who     920          

perform labor or work or provide materials for the construction    921          

project.                                                                        

      Upon approval of the application, the administrator shall    923          

mail a certificate granting the privilege to self-insure the       924          

construction project to the self-insuring employer.  The           925          

certificate shall contain the name of the self-insuring employer   926          

and the name, address, and telephone number of the self-insuring   927          

employer's representatives who are responsible for administering                

workers' compensation claims for the construction project.  The    928          

self-insuring employer shall post the certificate in a             929          

conspicuous place at the site of the construction project.         930          

      The administrator shall maintain a record of the             932          

contractors and subcontractors whose employees are covered under   933          

the certificate issued to the self-insured employer.  A            934          

self-insuring employer immediately shall notify the administrator  935          

when any contractor or subcontractor is added or eliminated from   936          

inclusion under the certificate.                                                

      Upon approval of the application, the self-insuring          938          

employer is responsible for the administration and payment of all  939          

claims under this chapter and Chapter 4121. of the Revised Code    940          

for the employees of the contractor and subcontractors covered     941          

under the certificate who receive injuries or are killed in the    942          

course of and arising out of employment on the construction        944          

project, or who contract an occupational disease in the course of  945          

employment on the construction project.  For purposes of this                   

chapter and Chapter 4121. of the Revised Code, a claim that is     947          

administered and paid in accordance with this division is                       

                                                          24     


                                                                 
considered a claim against the self-insuring employer listed in    948          

the certificate.  A contractor or subcontractor included under     949          

the certificate shall report to the self-insuring employer listed  950          

in the certificate, all claims that arise under this chapter and   951          

Chapter 4121. of the Revised Code in connection with the           953          

construction project for which the certificate is issued.          954          

      A self-insuring employer who complies with this division is  956          

entitled to the protections provided under this chapter and        957          

Chapter 4121. of the Revised Code with respect to the employees    959          

of the contractors and subcontractors covered under a certificate  960          

issued under this division for death or injuries that arise out    961          

of, or death, injuries, or occupational diseases that arise in                  

the course of, those employees' employment on that construction    963          

project, as if the employees were employees of the self-insuring   964          

employer, provided that the self-insuring employer also complies   965          

with this section.  No employee of the contractors and                          

subcontractors covered under a certificate issued under this       966          

division shall be considered the employee of the self-insuring     967          

employer listed in that certificate for any purposes other than    968          

this chapter and Chapter 4121. of the Revised Code.  Nothing in    969          

this division gives a self-insuring employer authority to control  970          

the means, manner, or method of employment of the employees of     971          

the contractors and subcontractors covered under a certificate     972          

issued under this division.                                        973          

      The contractors and subcontractors included under a          975          

certificate issued under this division are entitled to the         976          

protections provided under this chapter and Chapter 4121. of the   977          

Revised Code with respect to the contractor's or subcontractor's   978          

employees who are employed on the construction project which is    979          

the subject of the certificate, for death or injuries that arise   980          

out of, or death, injuries, or occupational diseases that arise    981          

in the course of, those employees' employment on that              982          

construction project.                                                           

      The contractors and subcontractors included under a          984          

                                                          25     


                                                                 
certificate issued under this division shall identify in their     985          

payroll records the employees who are considered the employees of  986          

the self-insuring employer listed in that certificate for          987          

purposes of this chapter and Chapter 4121. of the Revised Code,    989          

and the amount that those employees earned for employment on the   990          

construction project that is the subject of that certificate.      991          

Notwithstanding any provision to the contrary under this chapter                

and Chapter 4121. of the Revised Code, the administrator shall     994          

exclude the payroll that is reported for employees who are         995          

considered the employees of the self-insuring employer listed in                

that certificate, and that the employees earned for employment on  996          

the construction project that is the subject of that certificate,  997          

when determining those contractors' or subcontractors' premiums    998          

or assessments required under this chapter and Chapter 4121. of    999          

the Revised Code.  A self-insuring employer issued a certificate   1,000        

under this division shall include in the amount of paid            1,001        

compensation it reports pursuant to division (L) of this section,  1,002        

the amount of paid compensation the self-insuring employer paid    1,003        

pursuant to this division for the previous calendar year.          1,004        

      Nothing in this division shall be construed as altering the  1,006        

rights of employees under this chapter and Chapter 4121. of the    1,007        

Revised Code as those rights existed prior to September 17, 1996.  1,010        

Nothing in this division shall be construed as altering the        1,012        

rights devolved under sections 2305.31 and 4123.82 of the Revised  1,013        

Code as those rights existed prior to September 17, 1996.          1,014        

      As used in this division, "privilege to self-insure a        1,016        

construction project" means privilege to pay individually          1,017        

compensation, and to furnish medical, surgical, nursing, and       1,018        

hospital services and attention and funeral expenses directly to   1,019        

injured employees or the dependents of killed employees.           1,020        

      (P)  A self-insuring employer whose application is granted   1,022        

under division (O) of this section shall designate a safety        1,024        

professional to be responsible for the administration and          1,026        

enforcement of the safety program that is specifically designed    1,027        

                                                          26     


                                                                 
for the construction project that is the subject of the            1,028        

application.                                                                    

      A self-insuring employer whose application is granted under  1,030        

division (O) of this section shall employ an ombudsperson for the  1,032        

construction project that is the subject of the application.  The  1,033        

ombudsperson shall have experience in workers' compensation or     1,034        

the construction industry, or both.  The ombudsperson shall        1,035        

perform all of the following duties:                                            

      (1)  Communicate with and provide information to employees   1,037        

who are injured in the course of, or whose injury arises out of    1,038        

employment on the construction project, or who contract an         1,039        

occupational disease in the course of employment on the            1,040        

construction project;                                                           

      (2)  Investigate the status of a claim upon the request of   1,042        

an employee to do so;                                              1,043        

      (3)  Provide information to claimants, third party           1,045        

administrators, employers, and other persons to assist those       1,046        

persons in protecting their rights under this chapter and Chapter  1,047        

4121. of the Revised Code.                                         1,048        

      A self-insuring employer whose application is granted under  1,050        

division (O) of this section shall post the name of the safety     1,052        

professional and the ombudsperson and instructions for contacting               

the safety professional and the ombudsperson in a conspicuous      1,053        

place at the site of the construction project.                     1,054        

      (Q)  The administrator may consider all of the following     1,057        

when deciding whether to grant a self-insuring employer the        1,058        

privilege to self-insure a construction project as provided under  1,059        

division (O) of this section:                                      1,060        

      (1)  Whether the self-insuring employer has an               1,062        

organizational plan for the administration of the workers'         1,063        

compensation law;                                                  1,064        

      (2)  Whether the safety program that is specifically         1,066        

designed for the construction project provides for the safety of   1,067        

employees employed on the construction project, is applicable to   1,069        

                                                          27     


                                                                 
all contractors and subcontractors who perform labor or work or    1,070        

provide materials for the construction project, and has a                       

component, a safety training program that complies with standards  1,071        

adopted pursuant to the "Occupational Safety and Health Act of     1,072        

1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for            1,073        

continuing management and employee involvement;                    1,074        

      (3)  Whether granting the privilege to self-insure the       1,076        

construction project will reduce the costs of the construction     1,077        

project;                                                           1,078        

      (4)  Whether the self-insuring employer has employed an      1,080        

ombudsperson as required under division (P) of this section;       1,082        

      (5)  Whether the self-insuring employer has sufficient       1,084        

surety to secure the payment of claims for which the               1,085        

self-insuring employer would be responsible pursuant to the        1,086        

granting of the privilege to self-insure a construction project    1,087        

under division (O) of this section.                                1,089        

      Section 2.  That existing sections 4123.01 and 4123.35 of    1,091        

the Revised Code are hereby repealed.                              1,092