As Passed by the House                        1            

123rd General Assembly                                             4            

   Regular Session                          Am. Sub. S. B. No. 55  5            

      1999-2000                                                    6            


 SENATORS WHITE-SCHAFRATH-SPADA-GARDNER-MUMPER-KEARNS-WACHTMANN-   8            

REPRESENTATIVES CAREY-HOOPS-O'BRIEN-PETERSON-EVANS-PADGETT-BUEHRER-  9            

       BRADING-TIBERI-YOUNG-VESPER-HAINES-SCHULER-AUSTRIA          10           


_________________________________________________________________   11           

                          A   B I L L                                           

             To amend sections 121.22, 133.07, 325.19, 339.01,     13           

                339.03, 339.06, 339.07, 2925.32, and 4115.04 of    14           

                the Revised Code to make changes regarding the     16           

                authority of boards of county hospital trustees    17           

                and to delay, from July 1, 1999, to July 1, 2000,  18           

                the date on which persons who dispense or                       

                distribute nitrous oxide will be required to       19           

                record on a separate card each transaction                      

                involving such a dispensation or distribution.     20           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 121.22, 133.07, 149.03, 325.19,    23           

339.01, 339.03, 339.06, 339.07, 2925.32, and 4115.04 of the        24           

Revised Code be amended  to read as follows:                       25           

      Sec. 121.22.  (A)  This section shall be liberally           34           

construed to require public officials to take official action and  35           

to conduct all deliberations upon official business only in open   36           

meetings unless the subject matter is specifically excepted by     37           

law.                                                               38           

      (B)  As used in this section:                                40           

      (1)  "Public body" means any of the following:               42           

      (a)  Any board, commission, committee, council, or similar   44           

decision-making body of a state agency, institution, or            45           

authority, and any legislative authority or board, commission,     46           

committee, council, agency, authority, or similar decision-making  48           

                                                          2      


                                                                 
body of any county, township, municipal corporation, school        49           

district, or other political subdivision or local public           50           

institution;                                                                    

      (b)  Any committee or subcommittee of a body described in    52           

division (B)(1)(a) of this section;                                53           

      (c)  A court of jurisdiction of a sanitary district          55           

organized wholly for the purpose of providing a water supply for   56           

domestic, municipal, and public use when meeting for the purpose   58           

of the appointment, removal, or reappointment of a member of the   59           

board of directors of such a district pursuant to section 6115.10               

of the Revised Code, if applicable, or for any other matter        60           

related to such a district other than litigation involving the     61           

district.  As used in division (B)(1)(c) of this section, "court   62           

of jurisdiction" has the same meaning as "court" in section        63           

6115.01 of the Revised Code.                                                    

      (2)  "Meeting" means any prearranged discussion of the       65           

public business of the public body by a majority of its members.   66           

      (3)  "Regulated individual" means either of the following:   68           

      (a)  A student in a state or local public educational        70           

institution;                                                       71           

      (b)  A person who is, voluntarily or involuntarily, an       73           

inmate, patient, or resident of a state or local institution       74           

because of criminal behavior, mental illness or retardation,       75           

disease, disability, age, or other condition requiring custodial   76           

care.                                                              77           

      (C)  All meetings of any public body are declared to be      79           

public meetings open to the public at all times.  A member of a    80           

public body shall be present in person at a meeting open to the    82           

public to be considered present or to vote at the meeting and for  83           

purposes of determining whether a quorum is present at the         84           

meeting.                                                           85           

      The minutes of a regular or special meeting of any public    88           

body shall be promptly prepared, filed, and maintained and shall   89           

be open to public inspection.  The minutes need only reflect the   90           

                                                          3      


                                                                 
general subject matter of discussions in executive sessions        91           

authorized under division (G) or (J) of this section.                           

      (D)  This section does not apply to a grand jury, to an      93           

audit conference conducted by the auditor of state or independent  94           

certified public accountants with officials of the public office   95           

that is the subject of the audit, to the adult parole authority    96           

when its hearings are conducted at a correctional institution for  97           

the sole purpose of interviewing inmates to determine parole or    98           

pardon, to the organized crime investigations commission           99           

established under section 177.01 of the Revised Code, to the       100          

state medical board when determining whether to suspend a          101          

certificate without a prior hearing pursuant to division (G) of    103          

either section 4730.25 or 4731.22 of the Revised Code, to the      105          

board of nursing when determining whether to suspend a license     106          

without a prior hearing pursuant to division (B) of section        107          

4723.181 of the Revised Code, or to the executive committee of     108          

the emergency response commission when determining whether to      109          

issue an enforcement order or request that a civil action, civil   110          

penalty action, or criminal action be brought to enforce Chapter   111          

3750. of the Revised Code.                                                      

      (E)  The controlling board, the development financing        113          

advisory council, the industrial technology and enterprise         114          

advisory council, the tax credit authority, or the minority        116          

development financing advisory board, when meeting to consider     117          

granting assistance pursuant to Chapter 122. or 166. of the        118          

Revised Code, in order to protect the interest of the applicant    119          

or the possible investment of public funds, by unanimous vote of   120          

all board, council, or authority members present, may close the    122          

meeting during consideration of the following information          124          

confidentially received by the authority, council, or board from   125          

the applicant:                                                     127          

      (1)  Marketing plans;                                        129          

      (2)  Specific business strategy;                             131          

      (3)  Production techniques and trade secrets;                133          

                                                          4      


                                                                 
      (4)  Financial projections;                                  135          

      (5)  Personal financial statements of the applicant or       137          

members of the applicant's immediate family, including, but not    138          

limited to, tax records or other similar information not open to   140          

public inspection.                                                 141          

      The vote by the authority, council, or board to accept or    145          

reject the application, as well as all proceedings of the                       

authority, council, or board not subject to this division, shall   148          

be open to the public and governed by this section.                             

      (F)  Every public body, by rule, shall establish a           150          

reasonable method whereby any person may determine the time and    151          

place of all regularly scheduled meetings and the time, place,     152          

and purpose of all special meetings.  A public body shall not      153          

hold a special meeting unless it gives at least twenty-four        154          

hours' advance notice to the news media that have requested        155          

notification, except in the event of an emergency requiring        156          

immediate official action.  In the event of an emergency, the      157          

member or members calling the meeting shall notify the news media  158          

that have requested notification immediately of the time, place,   159          

and purpose of the meeting.                                        160          

      The rule shall provide that any person, upon request and     163          

payment of a reasonable fee, may obtain reasonable advance                      

notification of all meetings at which any specific type of public  164          

business is to be discussed.  Provisions for advance notification  165          

may include, but are not limited to, mailing the agenda of         166          

meetings to all subscribers on a mailing list or mailing notices   167          

in self-addressed, stamped envelopes provided by the person.       168          

      (G)  Except as provided in division (J) of this section,     171          

the members of a public body may hold an executive session only    172          

after a majority of a quorum of the public body determines, by a   173          

roll call vote, to hold an executive session and only at a         175          

regular or special meeting for the sole purpose of the                          

consideration of any of the following matters:                     176          

      (1)  To consider the appointment, employment, dismissal,     178          

                                                          5      


                                                                 
discipline, promotion, demotion, or compensation of a public       179          

employee or official, or the investigation of charges or           180          

complaints against a public employee, official, licensee, or       181          

regulated individual, unless the public employee, official,        182          

licensee, or regulated individual requests a public hearing.       183          

Except as otherwise provided by law, no public body shall hold an  184          

executive session for the discipline of an elected official for    185          

conduct related to the performance of the elected official's       186          

official duties or for the elected official's removal from         188          

office.  If a public body holds an executive session pursuant to   190          

division (G)(1) of this section, the motion and vote to hold that  191          

executive session shall state which one or more of the approved    192          

purposes listed in division (G)(1) of this section are the         193          

purposes for which the executive session is to be held, but need   194          

not include the name of any person to be considered at the         195          

meeting.                                                                        

      (2)  To consider the purchase of property for public         197          

purposes, or for the sale of property at competitive bidding, if   198          

premature disclosure of information would give an unfair           199          

competitive or bargaining advantage to a person whose personal,    200          

private interest is adverse to the general public interest.  No    201          

member of a public body shall use division (G)(2) of this section  203          

as a subterfuge for providing covert information to prospective    205          

buyers or sellers.  A purchase or sale of public property is void  206          

if the seller or buyer of the public property has received covert  207          

information from a member of a public body that has not been       208          

disclosed to the general public in sufficient time for other       209          

prospective buyers and sellers to prepare and submit offers.       210          

      If the minutes of the public body show that all meetings     212          

and deliberations of the public body have been conducted in        213          

compliance with this section, any instrument executed by the       214          

public body purporting to convey, lease, or otherwise dispose of   215          

any right, title, or interest in any public property shall be      216          

conclusively presumed to have been executed in compliance with     217          

                                                          6      


                                                                 
this section insofar as title or other interest of any bona fide   218          

purchasers, lessees, or transferees of the property is concerned.  219          

      (3)  Conferences with an attorney for the public body        221          

concerning disputes involving the public body that are the         222          

subject of pending or imminent court action;                       223          

      (4)  Preparing for, conducting, or reviewing negotiations    225          

or bargaining sessions with public employees concerning their      226          

compensation or other terms and conditions of their employment;    227          

      (5)  Matters required to be kept confidential by federal     229          

law or regulations or state statutes;                              230          

      (6)  Specialized details of security arrangements if         232          

disclosure of the matters discussed might reveal information that  233          

could be used for the purpose of committing, or avoiding           234          

prosecution for, a violation of the law;                           235          

      (7)  IN THE CASE OF A COUNTY HOSPITAL OPERATED PURSUANT TO   237          

CHAPTER 339. OF THE REVISED CODE, TO CONSIDER TRADE SECRETS, AS    239          

DEFINED IN SECTION 1333.61 OF THE REVISED CODE.                                 

      If a public body holds an executive session to consider any  241          

of the matters listed in divisions (G)(2) to (6)(7) of this        242          

section, the motion and vote to hold that executive session shall  244          

state which one or more of the approved matters listed in those    245          

divisions are to be considered at the executive session.           246          

      A public body specified in division (B)(1)(c) of this        249          

section shall not hold an executive session when meeting for the                

purposes specified in that division.                               250          

      (H)  A resolution, rule, or formal action of any kind is     252          

invalid unless adopted in an open meeting of the public body.  A   253          

resolution, rule, or formal action adopted in an open meeting      254          

that results from deliberations in a meeting not open to the       255          

public is invalid unless the deliberations were for a purpose      256          

specifically authorized in division (G) or (J) of this section     257          

and conducted at an executive session held in compliance with      258          

this section.  A resolution, rule, or formal action adopted in an  259          

open meeting is invalid if the public body that adopted the        260          

                                                          7      


                                                                 
resolution, rule, or formal action violated division (F) of this   261          

section.                                                           262          

      (I)(1)  Any person may bring an action to enforce this       264          

section.  An action under division (I)(1) of this section shall    266          

be brought within two years after the date of the alleged          267          

violation or threatened violation.  Upon proof of a violation or   268          

threatened violation of this section in an action brought by any   269          

person, the court of common pleas shall issue an injunction to     270          

compel the members of the public body to comply with its           271          

provisions.                                                        272          

      (2)(a)  If the court of common pleas issues an injunction    274          

pursuant to division (I)(1) of this section, the court shall       275          

order the public body that it enjoins to pay a civil forfeiture    276          

of five hundred dollars to the party that sought the injunction    277          

and shall award to that party all court costs and, subject to      278          

reduction as described in division (I)(2) of this section,         280          

reasonable attorney's fees.  The court, in its discretion, may     281          

reduce an award of attorney's fees to the party that sought the    282          

injunction or not award attorney's fees to that party if the       283          

court determines both of the following:                            284          

      (i)  That, based on the ordinary application of statutory    286          

law and case law as it existed at the time of violation or         287          

threatened violation that was the basis of the injunction, a       288          

well-informed public body reasonably would believe that the        289          

public body was not violating or threatening to violate this       290          

section;                                                           291          

      (ii)  That a well-informed public body reasonably would      293          

believe that the conduct or threatened conduct that was the basis  294          

of the injunction would serve the public policy that underlies     295          

the authority that is asserted as permitting that conduct or       296          

threatened conduct.                                                297          

      (b)  If the court of common pleas does not issue an          299          

injunction pursuant to division (I)(1) of this section and the     300          

court determines at that time that the bringing of the action was  301          

                                                          8      


                                                                 
frivolous conduct, as defined in division (A) of section 2323.51   302          

of the Revised Code, the court shall award to the public body all  303          

court costs and reasonable attorney's fees, as determined by the   304          

court.                                                             305          

      (3)  Irreparable harm and prejudice to the party that        307          

sought the injunction shall be conclusively and irrebuttably       308          

presumed upon proof of a violation or threatened violation of      309          

this section.                                                      310          

      (4)  A member of a public body who knowingly violates an     312          

injunction issued pursuant to division (I)(1) of this section may  313          

be removed from office by an action brought in the court of        314          

common pleas for that purpose by the prosecuting attorney or the   315          

attorney general.                                                  316          

      (J)(1)  Pursuant to division (C) of section 5901.09 of the   318          

Revised Code, a veterans service commission shall hold an          319          

executive session for one or more of the following purposes        320          

unless an applicant requests a public hearing:                     321          

      (a)  Interviewing an applicant for financial assistance      323          

under sections 5901.01 to 5901.15 of the Revised Code;             324          

      (b)  Discussing applications, statements, and other          326          

documents described in division (B) of section 5901.09 of the      327          

Revised Code;                                                      328          

      (c)  Reviewing matters relating to an applicant's request    330          

for financial assistance under sections 5901.01 to 5901.15 of the  331          

Revised Code.                                                                   

      (2)  A veterans service commission shall not exclude an      333          

applicant for, recipient of, or former recipient of financial      334          

assistance under sections 5901.01 to 5901.15 of the Revised Code,  335          

and shall not exclude representatives selected by the applicant,   337          

recipient, or former recipient, from a meeting that the                         

commission conducts as an executive session that pertains to the   338          

applicant's, recipient's, or former recipient's application for    339          

financial assistance.                                                           

      (3)  A veterans service commission shall vote on the grant   341          

                                                          9      


                                                                 
or denial of financial assistance under sections 5901.01 to        342          

5901.15 of the Revised Code only in an open meeting of the         344          

commission.  The minutes of the meeting shall indicate the name,   345          

address, and occupation of the applicant, whether the assistance   346          

was granted or denied, the amount of the assistance if assistance  347          

is granted, and the votes for and against the granting of          348          

assistance.                                                                     

      Sec. 133.07.  (A)  A county shall not incur, without a vote  359          

of the electors, either of the following:                          360          

      (1)  Net indebtedness for all purposes that exceeds an       362          

amount equal to one per cent of its tax valuation;                 363          

      (2)  Net indebtedness for the purpose of paying the          365          

county's share of the cost of the construction, improvement,       366          

maintenance, or repair of state highways that exceeds an amount    367          

equal to one-half of one per cent of its tax valuation.            368          

      (B)  A county shall not incur total net indebtedness that    370          

exceeds an amount equal to one of the following limitations that   372          

applies to the county:                                                          

      (1)  A county with a valuation not exceeding one hundred     374          

million dollars, three per cent of that tax valuation;             375          

      (2)  A county with a tax valuation exceeding one hundred     377          

million dollars but not exceeding three hundred million dollars,   378          

three million dollars plus one and one-half per cent of that tax   379          

valuation in excess of one hundred million dollars;                380          

      (3)  A county with a tax valuation exceeding three hundred   382          

million dollars, six million dollars plus two and one-half per     383          

cent of that tax valuation in excess of three hundred million      384          

dollars.                                                           385          

      (C)  In calculating the net indebtedness of a county, none   387          

of the following securities shall be considered:                   388          

      (1)  Securities described in section 307.201 of the Revised  390          

Code;                                                              391          

      (2)  Self-supporting securities issued for any purposes,     393          

including, but not limited to, any of the following general        394          

                                                          10     


                                                                 
purposes:                                                          395          

      (a)  Water systems or facilities;                            397          

      (b)  Sanitary sewerage systems or facilities, or surface     399          

and storm water drainage and sewerage systems or facilities, or a  400          

combination of those systems or facilities;                        401          

      (c)  County or joint county scrap tire collection, storage,  403          

monocell, monofill, or recovery facilities, or any combination of  404          

those facilities;                                                  405          

      (d)  Off-street parking lots, facilities, or buildings, or   407          

on-street parking facilities, or any combination of off-street     408          

and on-street parking facilities;                                  409          

      (e)  Facilities for the care or treatment of the sick or     411          

infirm, and for housing the persons providing that care or         412          

treatment and their families;                                      413          

      (f)  Recreational, sports, convention, auditorium, museum,   415          

trade show, and other public attraction facilities;                416          

      (g)  Facilities for natural resources exploration,           418          

development, recovery, use, and sale;                              419          

      (h)  Correctional and detention facilities and related       421          

rehabilitation facilities.                                         422          

      (3)  Securities issued for the purpose of purchasing,        424          

constructing, improving, or extending water or sanitary or         425          

surface and storm water sewerage systems or facilities, or a       426          

combination of those systems or facilities, to the extent that an  427          

agreement entered into with another subdivision requires the       428          

other subdivision to pay to the county amounts equivalent to debt  429          

charges on the securities;                                         430          

      (4)  Voted general obligation securities issued for the      432          

purpose of permanent improvements for sanitary sewerage or water   433          

systems or facilities to the extent that the total principal       434          

amount of voted securities outstanding for the purpose does not    435          

exceed an amount equal to two per cent of the county's tax         436          

valuation;                                                         437          

      (5)  Securities issued for permanent improvements to house   439          

                                                          11     


                                                                 
agencies, departments, boards, or commissions of the county or of  440          

any municipal corporation located, in whole or in part, in the     441          

county, to the extent that the revenues, other than revenues from  442          

unvoted county property taxes, derived from leases or other        443          

agreements between the county and those agencies, departments,     444          

boards, commissions, or municipal corporations relating to the     445          

use of the permanent improvements are sufficient to cover the      446          

cost of all operating expenses of the permanent improvements paid  447          

by the county and debt charges on the securities;                  448          

      (6)  Securities issued pursuant to section 133.08 of the     450          

Revised Code;                                                      451          

      (7)  Securities issued for the purpose of acquiring or       453          

constructing roads, highways, bridges, or viaducts, for the        454          

purpose of acquiring or making other highway permanent             455          

improvements, or for the purpose of procuring and maintaining      456          

computer systems for the office of the clerk of any                457          

county-operated municipal court, for the office of the clerk of    458          

the court of common pleas, or for the office of the clerk of the   459          

probate, juvenile, or domestic relations division of the court of  460          

common pleas to the extent that the legislation authorizing the    461          

issuance of the securities includes a covenant to appropriate      462          

from moneys distributed to the county pursuant to division (B) of  463          

section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or     464          

Chapter 4501., 4503., 4504., or 5735. of the Revised Code a        465          

sufficient amount to cover debt charges on and financing costs     466          

relating to the securities as they become due;                     467          

      (8)  Securities issued for the purpose of acquiring,         469          

constructing, improving, and equipping a county, multicounty, or   470          

multicounty-municipal jail, workhouse, juvenile detention          471          

facility, or correctional facility;                                472          

      (9)  Securities issued for the acquisition, construction,    474          

equipping, or repair of any permanent improvement or any class or  475          

group of permanent improvements enumerated in a resolution         476          

adopted pursuant to division (D) of section 5739.026 of the        477          

                                                          12     


                                                                 
Revised Code to the extent that the legislation authorizing the    478          

issuance of the securities includes a covenant to appropriate      479          

from moneys received from the taxes authorized under section       480          

5739.023 and division (A)(5) of section 5739.026 of the Revised    481          

Code an amount sufficient to pay debt charges on the securities    482          

and those moneys shall be pledged for that purpose;                483          

      (10)  Securities issued for county or joint county solid     485          

waste or hazardous waste collection, transfer, or disposal         486          

facilities, or resource recovery and solid or hazardous waste      487          

recycling facilities, or any combination of those facilities;      488          

      (11)  Securities issued for the acquisition, construction,   490          

and equipping of a port authority educational and cultural         491          

facility under section 307.671 of the Revised Code;                492          

      (12)  Securities issued for the acquisition, construction,   494          

equipping, and improving of a municipal educational and cultural   495          

facility under division (B)(1) of section 307.672 of the Revised   496          

Code;                                                              497          

      (13)  Securities issued for energy conservation measures     499          

under section 307.041 of the Revised Code;                         500          

      (14)  Securities issued for the acquisition, construction,   502          

equipping, improving, or repair of a sports facility, including    503          

obligations issued to pay costs of a sports facility under         504          

section 307.673 of the Revised Code;                                            

      (15)  Securities issued under section 755.17 of the Revised  506          

Code if the legislation authorizing issuance of the securities     507          

includes a covenant to appropriate from revenue received from a    508          

tax authorized under division (A)(5) of section 5739.026 and       509          

section 5741.023 of the Revised Code an amount sufficient to pay   510          

debt charges on the securities, and the board of county            511          

commissioners pledges that revenue for that purpose, pursuant to                

section 755.171 of the Revised Code;                               512          

      (16)  Sales tax supported bonds issued pursuant to section   514          

133.081 of the Revised Code for the purpose of acquiring,          516          

constructing, improving, or equipping any permanent improvement    517          

                                                          13     


                                                                 
to the extent that the legislation authorizing the issuance of     518          

the sales tax supported bonds pledges county sales taxes to the    519          

payment of debt charges on the sales tax supported bonds and       520          

contains a covenant to appropriate from county sales taxes a       521          

sufficient amount to cover debt charges or the financing costs     522          

related to the sales tax supported bonds as they become due.       523          

      (17)  Bonds or notes issued under section 133.60 of the      525          

Revised Code if the legislation authorizing issuance of the bonds  527          

or notes includes a covenant to appropriate from revenue received               

from a tax authorized under division (A)(9) of section 5739.026    528          

and section 5741.023 of the Revised Code an amount sufficient to   529          

pay the debt charges on the bonds or notes, and the board of       530          

county commissioners pledges that revenue for that purpose.        531          

      (17)(18)  Securities issued under section 3707.55 of the     533          

Revised Code for the acquisition of real property by a general     534          

health district.                                                   535          

      (D)  In calculating the net indebtedness of a county, no     537          

obligation incurred under division (E)(D) of section 339.06 of     538          

the Revised Code shall be considered.                              540          

      Sec. 149.43.  (A)  As used in this section:                  549          

      (1)  "Public record" means any record that is kept by any    551          

public office, including, but not limited to, state, county,       552          

city, village, township, and school district units, except that    554          

"public record" does not mean any of the following:                             

      (a)  Medical records;                                        556          

      (b)  Records pertaining to probation and parole              558          

proceedings;                                                                    

      (c)  Records pertaining to actions under section 2151.85     560          

and division (C) of section 2919.121 of the Revised Code and to    562          

appeals of actions arising under those sections;                   563          

      (d)  Records pertaining to adoption proceedings, including   565          

the contents of an adoption file maintained by the department of   566          

health under section 3705.12 of the Revised Code;                  567          

      (e)  Information in a record contained in the putative       569          

                                                          14     


                                                                 
father registry established by section 3107.062 of the Revised     570          

Code, regardless of whether the information is held by the         571          

department of human services or, pursuant to section 5101.313 of   572          

the Revised Code, the division of child support in the department  573          

or a child support enforcement agency;                                          

      (f)  Records listed in division (A) of section 3107.42 of    575          

the Revised Code or specified in division (A) of section 3107.52   576          

of the Revised Code;                                                            

      (g)  Trial preparation records;                              578          

      (h)  Confidential law enforcement investigatory records;     580          

      (i)  Records containing information that is confidential     582          

under section 2317.023 or 4112.05 of the Revised Code;             583          

      (j)  DNA records stored in the DNA database pursuant to      586          

section 109.573 of the Revised Code;                                            

      (k)  Inmate records released by the department of            588          

rehabilitation and correction to the department of youth services  590          

or a court of record pursuant to division (E) of section 5120.21   591          

of the Revised Code;                                                            

      (l)  Records maintained by the department of youth services  593          

pertaining to children in its custody released by the department   594          

of youth services to the department of rehabilitation and          595          

correction pursuant to section 5139.05 of the Revised Code;        596          

      (m)  Intellectual property records;                          598          

      (n)  Donor profile records;                                  600          

      (o)  Records maintained by the department of human services  602          

pursuant to section 5101.312 of the Revised Code;                  603          

      (p)  IN THE CASE OF A COUNTY HOSPITAL OPERATED PURSUANT TO   606          

CHAPTER 339. OF THE REVISED CODE, INFORMATION THAT CONSTITUTES A   608          

TRADE SECRET, AS DEFINED IN SECTION 1333.61 OF THE REVISED CODE;   609          

      (q)  Records the release of which is prohibited by state or  611          

federal law.                                                       612          

      (2)  "Confidential law enforcement investigatory record"     614          

means any record that pertains to a law enforcement matter of a    615          

criminal, quasi-criminal, civil, or administrative nature, but     616          

                                                          15     


                                                                 
only to the extent that the release of the record would create a   617          

high probability of disclosure of any of the following:            618          

      (a)  The identity of a suspect who has not been charged      620          

with the offense to which the record pertains, or of an            621          

information source or witness to whom confidentiality has been     622          

reasonably promised;                                               623          

      (b)  Information provided by an information source or        625          

witness to whom confidentiality has been reasonably promised,      626          

which information would reasonably tend to disclose the source's   627          

or witness's identity;                                             628          

      (c)  Specific confidential investigatory techniques or       630          

procedures or specific investigatory work product;                 631          

      (d)  Information that would endanger the life or physical    633          

safety of law enforcement personnel, a crime victim, a witness,    634          

or a confidential information source.                              635          

      (3)  "Medical record" means any document or combination of   637          

documents, except births, deaths, and the fact of admission to or  638          

discharge from a hospital, that pertains to the medical history,   639          

diagnosis, prognosis, or medical condition of a patient and that   640          

is generated and maintained in the process of medical treatment.   641          

      (4)  "Trial preparation record" means any record that        643          

contains information that is specifically compiled in reasonable   644          

anticipation of, or in defense of, a civil or criminal action or   645          

proceeding, including the independent thought processes and        646          

personal trial preparation of an attorney.                         647          

      (5)  "Intellectual property record" means a record, other    650          

than a financial or administrative record, that is produced or                  

collected by or for faculty or staff of a state institution of     651          

higher learning in the conduct of or as a result of study or       652          

research on an educational, commercial, scientific, artistic,      653          

technical, or scholarly issue, regardless of whether the study or  654          

research was sponsored by the institution alone or in conjunction               

with a governmental body or private concern, and that has not      656          

been publicly released, published, or patented.                    657          

                                                          16     


                                                                 
      (6)  "Donor profile record" means all records about donors   659          

or potential donors to a public institution of higher education    660          

except the names and reported addresses of the actual donors and   661          

the date, amount, and conditions of the actual donation.           662          

      (B)  All public records shall be promptly prepared and made  664          

available for inspection to any person at all reasonable times     665          

during regular business hours.  Upon request, a person             666          

responsible for public records shall make copies available at      667          

cost, within a reasonable period of time.  In order to facilitate  668          

broader access to public records, governmental units shall         669          

maintain public records in a manner that they can be made          670          

available for inspection in accordance with this division.         671          

      (C)  If a person allegedly is aggrieved by the failure of a  673          

governmental unit to promptly prepare a public record and to make  674          

it available to the person for inspection in accordance with       675          

division (B) of this section, or if a person who has requested a   677          

copy of a public record allegedly is aggrieved by the failure of   678          

a person responsible for the public record to make a copy          679          

available to the person allegedly aggrieved in accordance with     681          

division (B) of this section, the person allegedly aggrieved may   682          

commence a mandamus action to obtain a judgment that orders the    683          

governmental unit or the person responsible for the public record  684          

to comply with division (B) of this section and that awards        685          

reasonable attorney's fees to the person that instituted the       686          

mandamus action.  The mandamus action may be commenced in the                   

court of common pleas of the county in which division (B) of this  687          

section allegedly was not complied with, in the supreme court      688          

pursuant to its original jurisdiction under Section 2 of Article   689          

IV, Ohio Constitution, or in the court of appeals for the          690          

appellate district in which division (B) of this section           691          

allegedly was not complied with pursuant to its original           692          

jurisdiction under Section 3 of Article IV, Ohio Constitution.     693          

      (D)  Chapter 1347. of the Revised Code does not limit the    695          

provisions of this section.                                        696          

                                                          17     


                                                                 
      (E)(1)  The bureau of motor vehicles may adopt rules         698          

pursuant to Chapter 119. of the Revised Code to reasonably limit   700          

the number of bulk commercial special extraction requests made by               

a person for the same records or for updated records during a      701          

calendar year.  The rules may include provisions for charges to    702          

be made for bulk commercial special extraction requests for the    704          

actual cost of the bureau, plus special extraction costs, plus     705          

ten per cent.  The bureau may charge for expenses for redacting    706          

information, the release of which is prohibited by law.            707          

      (2)  As used in division (E)(1) of this section:             709          

      (a)  "Actual cost" means the cost of depleted supplies,      711          

records storage media costs, actual mailing and alternative        712          

delivery costs, or other transmitting costs, and any direct        713          

equipment operating and maintenance costs, including actual costs  714          

paid to private contractors for copying services.                  715          

      (b)  "Bulk commercial special extraction request" means a    717          

request for copies of a record for information in a format other   718          

than the format already available, or information that cannot be   719          

extracted without examination of all items in a records series,    720          

class of records, or data base by a person who intends to use or   721          

forward the copies for surveys, marketing, solicitation, or        722          

resale for commercial purposes.  "Bulk commercial special          723          

extraction request" does not include a request by a person who     724          

gives assurance to the bureau that the person making the request   725          

does not intend to use or forward the requested copies for         726          

surveys, marketing, solicitation, or resale for commercial         727          

purposes.                                                                       

      (c)  "Commercial" means profit-seeking production, buying,   729          

or selling of any good, service, or other product.                 730          

      (d)  "Special extraction costs" means the cost of the time   732          

spent by the lowest paid employee competent to perform the task,   733          

the actual amount paid to outside private contractors employed by  734          

the bureau, or the actual cost incurred to create computer         735          

programs to make the special extraction.  "Special extraction      736          

                                                          18     


                                                                 
costs" include any charges paid to a public agency for computer                 

or records services.                                               737          

      (3)  For purposes of divisions (E)(1) and (2) of this        740          

section, "commercial surveys, marketing, solicitation, or resale"  741          

shall be narrowly construed and does not include reporting or                   

gathering news, reporting or gathering information to assist       743          

citizen oversight or understanding of the operation or activities  744          

of government, or nonprofit educational research.                  745          

      Sec. 325.19.  (A)(1)  The granting of vacation leave under   755          

division (A)(1) of this section is subject to divisions (A)(2)     756          

and (3) of this section.  Each full-time employee in the several   757          

offices and departments of the county service, including           758          

full-time hourly rate employees, after service of one year with    759          

the county or any political subdivision of the state, shall have   760          

earned and will be due upon the attainment of the first year of    761          

employment, and annually thereafter, eighty hours of vacation      762          

leave with full pay.  One year of service shall be computed on     763          

the basis of twenty-six biweekly pay periods.  A full-time county  764          

employee with eight or more years of service with the county or    765          

any political subdivision of the state shall have earned and is    766          

entitled to one hundred twenty hours of vacation leave with full   767          

pay.  A full-time county employee with fifteen or more years of    768          

service with the county or any political subdivision of the state  769          

shall have earned and is entitled to one hundred sixty hours of    770          

vacation leave with full pay.  A full-time county employee with    771          

twenty-five years of service with the county or any political      772          

subdivision of the state shall have earned and is entitled to two  773          

hundred hours of vacation leave with full pay.  Such vacation      774          

leave shall accrue to the employee at the rate of three and        775          

one-tenth hours each biweekly period for those entitled to eighty  776          

hours per year; four and six-tenths hours each biweekly period     777          

for those entitled to one hundred twenty hours per year; six and   778          

two-tenths hours each biweekly period for those entitled to one    779          

hundred sixty hours per year; and seven and seven-tenths hours     780          

                                                          19     


                                                                 
each biweekly period for those entitled to two hundred hours per   781          

year.                                                              782          

      (2)  Full-time employees granted vacation leave under        784          

division (A)(1) of this section who render any standard of         785          

service other than forty hours per week as described in division   786          

(J) of this section and who are in active pay status in a          787          

biweekly pay period, shall accrue a number of hours of vacation    788          

leave during each such pay period that bears the same ratio to     789          

the number of hours specified in division (A)(1) of this section   790          

as their number of hours which are accepted as full-time in        791          

active pay status, excluding overtime hours, bears to eighty       792          

hours.                                                             793          

      (3)  Full-time employees granted vacation leave under        795          

division (A)(1) of this section who are in active pay status in a  796          

biweekly pay period for less than eighty hours or the number of    797          

hours of service otherwise accepted as full-time by their          798          

employing office or department shall accrue a number of hours of   799          

vacation leave during that pay period that bears the same ratio    800          

to the number of hours specified in division (A)(1) of this        801          

section as their number of hours in active pay status, excluding   802          

overtime hours, bears to eighty or the number of hours of service  803          

accepted as full-time, whichever is applicable.                    804          

      (B)  A board of county commissioners, by resolution, may     806          

grant vacation leave with full pay to part-time county employees.  807          

A part-time county employee shall be eligible for vacation leave   808          

with full pay upon the attainment of the first year of             809          

employment, and annually thereafter.  The ratio between the hours  810          

worked and the vacation hours awarded to a part-time employee      811          

shall be the same as the ratio between the hours worked and the    812          

vacation hours earned by a full-time employee as provided for in   813          

this section.                                                      814          

      (C)  Days specified as holidays in section 124.19 of the     816          

Revised Code shall not be charged to an employee's vacation        817          

leave.  Vacation leave shall be taken by the employee during the   818          

                                                          20     


                                                                 
year in which it accrued and prior to the next recurrence of the   819          

anniversary date of the employee's employment, provided the        820          

appointing authority may, in special and meritorious cases,        821          

permit such employee to accumulate and carry over his vacation     822          

leave to the following year.  No vacation leave shall be carried   823          

over for more than three years.  An employee is entitled to        824          

compensation, at the employee's current rate of pay, for the       825          

prorated portion of any earned but unused vacation leave for the   826          

current year to the employee's credit at time of separation, and   827          

in addition shall be compensated for any unused vacation leave     828          

accrued to the employee's credit, with the permission of the       829          

appointing authority, for the three years immediately preceding                 

the last anniversary date of employment.                           830          

      (D)(1)  In addition to vacation leave, a full-time county    832          

employee is entitled to eight hours of holiday pay for New Year's  833          

day, Martin Luther King day, Washington-Lincoln day, Memorial      834          

day, Independence day, Labor day, Columbus day, Veterans' day,     835          

Thanksgiving day, and Christmas day, of each year.  Except as      837          

provided in division (D)(2) of this section, holidays shall occur  838          

on the days specified in section 1.14 of the Revised Code.  In     839          

the event that any of the aforesaid holidays fall on Saturday,     840          

the Friday immediately preceding shall be observed as the          841          

holiday.  In the event that any of the aforesaid holidays fall on  842          

Sunday, the Monday immediately succeeding shall be observed as     843          

the holiday.  If an employee's work schedule is other than Monday  844          

through Friday, the employee is entitled to holiday pay for        845          

holidays observed on the employee's day off regardless of the day  846          

of the week on which they are observed.                                         

      (2)(a)  When a classified employee of a county board of      848          

mental retardation and developmental disabilities works at a site  849          

maintained by a government entity other than the board, such as a  850          

public school, the board may adjust the employee's holiday         851          

schedule to conform to the schedule adopted by the government      852          

entity.  Under an adjusted holiday schedule, an employee shall                  

                                                          21     


                                                                 
receive the number of hours of holiday pay granted under division  853          

(D)(1) of this section.                                            854          

      (b)  PURSUANT TO DIVISION (H)(6) OF SECTION 339.06 OF THE    856          

REVISED CODE, A COUNTY HOSPITAL MAY OBSERVE MARTIN LUTHER KING     857          

DAY, WASHINGTON-LINCOLN DAY, COLUMBUS DAY, AND VETERANS' DAY ON    859          

DAYS OTHER THAN THOSE SPECIFIED IN SECTION 1.14 OF THE REVISED     860          

CODE.                                                                           

      (E)  In the case of the death of a county employee, the      862          

unused vacation leave and unpaid overtime to the credit of any     863          

such employee, shall be paid in accordance with section 2113.04    864          

of the Revised Code, or to the employee's estate.                  865          

      (F)  Notwithstanding this section or any other section of    867          

the Revised Code, any appointing authority of a county office,     868          

department, commission, board, or body may, upon notification to   869          

the board of county commissioners, establish alternative           870          

schedules of vacation leave and holidays for employees of the      871          

appointing authority for whom the state employment relations       872          

board has not established an appropriate bargaining unit pursuant  873          

to section 4117.06 of the Revised Code, provided that the          874          

alternative schedules are not inconsistent with the provisions of  875          

a collective bargaining agreement covering other employees of      876          

that appointing authority.                                         877          

      (G)  The employees of a county children services board that  879          

establishes vacation benefits under section 5153.12 of the         880          

Revised Code are exempt from division (A) of this section.         881          

      (H)  The provisions of this section do not apply to          883          

superintendents and management employees of county boards of       884          

mental retardation and developmental disabilities.                 885          

      (I)  Division (A) of this section does not apply to an       887          

employee of a county board of mental retardation and               888          

developmental disabilities who works at, or provides               889          

transportation services to pupils of, a special education program  890          

provided by the county board pursuant to division (A)(4) of                     

section 5126.05 of the Revised Code, if the employee's employment  891          

                                                          22     


                                                                 
is based on a school year and the employee is not subject to a     892          

contract with the county board that provides for division (A) of   893          

this section to apply to the employee.                                          

      (J)  As used in this section:                                895          

      (1)  "Full-time employee" means an employee whose regular    897          

hours of service for a county total forty hours per week, or who   898          

renders any other standard of service accepted as full-time by an  899          

office, department, or agency of county service.                   900          

      (2)  "Part-time employee" means an employee whose regular    902          

hours of service for a county total less than forty hours per      903          

week, or who renders any other standard of service accepted as     904          

part-time by an office, department, or agency of county service,   905          

and whose hours of county service total at least five hundred      906          

twenty hours annually.                                             907          

      (3)  "Management employee" has the same meaning as in        909          

section 5126.20 of the Revised Code.                               910          

      Sec. 339.01.  (A)  As used in sections 339.01 to 339.17 of   919          

the Revised Code:                                                  920          

      (1)  "Hospital facilities" has the meaning given in section  922          

140.01 of the Revised Code.                                        923          

      (2)  "County hospital" includes all of the county            925          

hospital's branches and hospital facilities, wherever located.     926          

      (3)  "Outpatient health facility" means a facility where     928          

medical care and preventive, diagnostic, therapeutic,              929          

rehabilitative, or palliative items or services are provided to    930          

outpatients by or under the direction of a physician or dentist.   931          

      (B)  The A board of county commissioners may purchase,       933          

acquire, lease, appropriate, and construct a county hospital or    934          

hospital facilities thereof.  After a county hospital or hospital  935          

facilities have been fully completed and sufficiently equipped     936          

for occupancy, any subsequent improvements, enlargements, or       937          

rebuilding of any such facility shall be made by the board of      938          

county hospital trustees or a hospital commission appointed        939          

pursuant to section 339.14 of the Revised Code.                    940          

                                                          23     


                                                                 
      (C)(1)  A BOARD OF COUNTY COMMISSIONERS, board of county     942          

hospital trustees, or a hospital commission may purchase,          944          

acquire, lease, appropriate, or construct an outpatient health     945          

facility in another county, which TO SERVE AS A BRANCH OF THE      946          

COUNTY HOSPITAL.  THE OUTPATIENT HEALTH FACILITY may include       948          

office space for physicians.  The facility shall be a branch of    949          

the county hospital and shall be operated pursuant to the law      950          

that regulates the operation of the county hospital.  A board of   951          

county hospital trustees or a hospital commission that proposes    952          

to establish such a facility shall give written notice to ITS      953          

BOARD OF COUNTY COMMISSIONERS AND TO the board of county                        

commissioners of the county where the facility is to be located.   955          

THE BOARD OF COUNTY COMMISSIONERS WHERE THE FACILITY IS TO BE      957          

LOCATED, BY RESOLUTION ADOPTED WITHIN FORTY DAYS AFTER RECEIPT OF  958          

THE NOTICE, MAY OBJECT TO THE PROPOSED FACILITY.  THE RESOLUTION   959          

SHALL INCLUDE AN EXPLANATION OF THE OBJECTION AND MAY MAKE ANY     960          

RECOMMENDATIONS THE BOARD CONSIDERS NECESSARY.  THE BOARD SHALL    961          

SEND A COPY OF THE RESOLUTION TO THE BOARD OF COUNTY HOSPITAL      962          

TRUSTEES OR THE HOSPITAL COMMISSION AND TO THE BOARD OF COUNTY     963          

COMMISSIONERS OF THE COUNTY THAT PROPOSES TO LOCATE THE FACILITY   964          

IN THE OTHER COUNTY.                                                            

      (2)  Except as provided in division (C)(3) of this section,  966          

the board OF COUNTY HOSPITAL TRUSTEES or THE HOSPITAL commission   967          

may establish and operate the facility, unless the board of        969          

county commissioners of the county where PROPOSING TO LOCATE the   970          

facility is to be located IN THE OTHER COUNTY, not later than      971          

sixty TWENTY days after receiving the notice A RESOLUTION OF       973          

OBJECTION FROM THE OTHER COUNTY'S BOARD OF COUNTY COMMISSIONERS    974          

PURSUANT TO DIVISION (C)(1) OF THIS SECTION, adopts a resolution   975          

denying the trustees or commission the right to establish the      976          

facility.                                                                       

      (3)  If a board of county commissioners provides a subsidy   978          

for uncompensated care to a board of county hospital trustees or   979          

hospital commission, the board of county hospital trustees or      980          

                                                          24     


                                                                 
hospital commission may establish and operate the outpatient       981          

health facility only if that board of county commissioners         982          

approves the establishment of the facility.  Even if the board     983          

approves the establishment of the facility, it shall not           984          

appropriate any funds generated by a tax levied under section      985          

5705.191 of the Revised Code to finance the acquisition,           986          

construction, repair, maintenance, or operation of such a          987          

facility located outside the county.                               988          

      (D)  A county hospital may be designated as a monument to    990          

commemorate the services of the soldiers, sailors, marines, and    991          

pioneers of the county.                                            992          

      Sec. 339.03.  The board of county hospital trustees shall    1,001        

have complete charge of the selection and purchase or lease of a   1,002        

site or sites for a county hospital, taking title or leasehold     1,003        

interest to such site or sites in the name of the county, the      1,004        

selection of plans and specifications, the determination and       1,005        

erection of all necessary buildings on such site or sites, and of  1,006        

the selection and installation of all necessary and proper         1,007        

furniture, fixtures, and equipment.  The board of county hospital  1,008        

trustees may make capital improvements, including the purchase of  1,009        

equipment, and may finance such improvements through hospital      1,010        

revenues or other hospital funds.  The board may issue revenue     1,011        

obligations, pursuant to section 140.06 or 339.15 of the Revised   1,012        

Code, or revenue bonds pursuant to section 133.08 of the Revised   1,013        

Code.                                                              1,014        

      A board of county hospital trustees may construct an         1,016        

addition to the county hospital, acquire an existing structure     1,017        

for the purpose of leasing office space to local physicians, or    1,018        

lease real property to any person to construct facilities for      1,019        

providing medical services other than inpatient hospital services  1,020        

if the board of county hospital trustees determines that such      1,021        

purpose is reasonably related to the proper operation of the       1,022        

county hospital.                                                   1,023        

      The trustees shall serve without compensation, but shall be  1,025        

                                                          25     


                                                                 
allowed their necessary and reasonable expenses incurred in the    1,026        

performance of their duties, including the cost of their           1,027        

participation in such continuing education programs or             1,028        

developmental programs as the trustees consider necessary.  Such   1,029        

expenses shall be paid out of the funds provided for such          1,030        

hospital.  The board of county hospital trustees may employ such   1,031        

help as is necessary to perform its clerical work, superintend     1,032        

properly the construction of such hospital, and pay the expenses   1,033        

thereof, including the salary and benefits of the administrator    1,034        

as provided in section 339.06 of the Revised Code, out of the      1,035        

funds provided for such hospital.                                  1,036        

      The board of county hospital trustees may employ RETAIN      1,038        

counsel and institute legal action in its own name for the         1,039        

collection of delinquent accounts.  The board may also employ any  1,040        

other lawful means for the collection of delinquent accounts.      1,041        

      Each trustee shall be bonded for the proper performance of   1,043        

his duties, in such sum as the board of county commissioners       1,045        

requires, with sureties to its approval.  The expense of so        1,046        

bonding each trustee shall be paid from hospital operating funds.  1,047        

      Sec. 339.06.  (A)  The board of county hospital trustees     1,056        

shall, upon completion of construction or leasing and equipping    1,057        

of the A county hospital, SHALL assume and continue the operation  1,059        

of such THE hospital.  The board shall have the entire management  1,060        

and control of the hospital, and shall establish such rules for    1,061        

its government and the admission of persons as are expedient.      1,062        

      The board has control of the property of the hospital,       1,064        

including management and disposal of surplus property other than   1,065        

real estate or an interest in real estate, and has control of all  1,066        

funds used in the hospital's operation.  The administrator or his  1,067        

designee shall deposit all, INCLUDING moneys received from the     1,069        

operation of the hospital or, MONEYS appropriated for its          1,070        

operation by the board of county commissioners, or AND MONEYS      1,072        

resulting from special levies submitted by the board of county     1,074        

commissioners as provided for in section 5705.22 of the Revised    1,075        

                                                          26     


                                                                 
Code, to the hospital's credit in banks or trust companies         1,076        

designated by the board of county hospital trustees, which fund    1,077        

shall be known as the hospital operating fund.  The administrator  1,078        

or his designee may deposit funds not needed for immediate         1,080        

expenses in interest-bearing or noninterest-bearing accounts or    1,081        

United States government obligations.  Such banks or trust         1,082        

companies shall furnish security for all such deposits, whether    1,083        

interest bearing or noninterest bearing, except that no such       1,084        

security is required for United States government obligations,     1,085        

notwithstanding sections 135.01 to 135.21 of the Revised Code.     1,086        

ALL OR PART OF THE MONEYS DETERMINED NOT TO BE NECESSARY TO MEET   1,087        

CURRENT DEMANDS ON THE HOSPITAL MAY BE INVESTED BY THE BOARD OF    1,088        

HOSPITAL TRUSTEES OR ITS DESIGNEE IN ANY CLASSIFICATIONS OF        1,089        

SECURITIES AND OBLIGATIONS ELIGIBLE FOR DEPOSIT OR INVESTMENT OF   1,090        

COUNTY MONEYS PURSUANT TO SECTION 135.35 OF THE REVISED CODE,                   

SUBJECT TO THE APPROVAL OF THE BOARD'S WRITTEN INVESTMENT POLICY   1,091        

BY THE COUNTY INVESTMENT ADVISORY COMMITTEE ESTABLISHED PURSUANT   1,092        

TO SECTION 135.341 OF THE REVISED CODE.                                         

      (B)  Annually by the first day of November, the board of     1,094        

county hospital trustees shall submit its proposed budget for the  1,095        

ensuing fiscal year to the board of county commissioners for       1,096        

approval, and the board of county commissioners shall approve a    1,097        

budget for the county hospital by the first day of December.  If   1,098        

the taxes collected pursuant to any tax levied under section       1,099        

5705.22 of the Revised Code, or the amount appropriated to the     1,100        

county hospital by the commissioners in the annual appropriation   1,101        

measure for the county for the ensuing fiscal year differ from     1,102        

the amount shown in the approved budget, the board of county       1,103        

commissioners may require the board of county hospital trustees    1,104        

to revise the hospital budget accordingly.  The board of trustees  1,105        

shall not expend such funds until its budget for that calendar     1,106        

year is submitted to and approved by the board of county           1,107        

commissioners.  Thereafter such funds may be disbursed by the      1,108        

board of county hospital trustees, consistent with the approved    1,109        

                                                          27     


                                                                 
budget, for the uses and purposes of such hospital,; for the       1,110        

replacement of necessary equipment, or; for the acquiring of       1,112        

ACQUISITION, leasing, or construction of permanent improvements    1,113        

to county hospital property,; OR FOR MAKING A DONATION AUTHORIZED  1,114        

BY DIVISION (C) OF THIS SECTION.  EACH DISBURSEMENT OF FUNDS       1,115        

SHALL BE MADE on a voucher signed by signatories designated and    1,117        

approved by the board of county hospital trustees.                              

      (C)  The head of a board of county hospital trustees is not  1,119        

required to file an estimate of contemplated revenue and           1,120        

expenditures for the ensuing fiscal year under section 5705.28 of  1,121        

the Revised Code unless the board of county commissioners levies   1,122        

a tax for the county hospital, or such a tax is proposed, or the   1,123        

board of county hospital trustees desires that the board of        1,124        

county commissioners make an appropriation to the county hospital  1,125        

for the ensuing fiscal year.                                       1,126        

      (D)  All moneys appropriated by the board of county          1,128        

commissioners or from special levies by the board of county        1,129        

commissioners for the operation of the hospital, when collected    1,130        

shall be paid to the board of county hospital trustees on a        1,131        

warrant of the county auditor and approved by the board of county  1,132        

commissioners.  The board of hospital trustees shall file an       1,133        

annual report of revenues and expenditures for the fiscal year     1,134        

with the board of county commissioners within ninety days after    1,135        

the fiscal year's end.                                             1,136        

      (E)(C)  FOR THE PUBLIC PURPOSE OF IMPROVING THE HEALTH,      1,138        

SAFETY, AND GENERAL WELFARE OF THE COMMUNITY, THE BOARD OF         1,139        

HOSPITAL TRUSTEES MAY DONATE TO A NONPROFIT ENTITY ANY OF THE      1,140        

FOLLOWING:                                                                      

      (1)  MONEYS AND OTHER FINANCIAL ASSETS DETERMINED NOT TO BE  1,142        

NECESSARY TO MEET CURRENT DEMANDS ON THE HOSPITAL;                 1,144        

      (2)  SURPLUS HOSPITAL PROPERTY, INCLUDING SUPPLIES,          1,146        

EQUIPMENT, OFFICE FACILITIES, AND OTHER PROPERTY THAT IS NOT REAL  1,147        

ESTATE OR AN INTEREST IN REAL ESTATE;                              1,148        

      (3)  SERVICES RENDERED BY THE HOSPITAL.                      1,150        

                                                          28     


                                                                 
      (D)(1)  For purposes of this division:                       1,152        

      (a)  "Bank" has the same meaning as in section 1101.01 of    1,154        

the Revised Code.                                                  1,155        

      (b)  "Savings and loan association" has the same meaning as  1,157        

in section 1151.01 of the Revised Code.                            1,158        

      (c)  "Savings bank" has the same meaning as in section       1,160        

1161.01 of the Revised Code.                                       1,161        

      (2)  The board of county hospital trustees may enter into a  1,163        

contract for a secured line of credit with a bank, savings and     1,164        

loan association, or savings bank if the contract meets all of     1,165        

the following requirements:                                        1,166        

      (a)  The term of the contract does not exceed one hundred    1,168        

eighty days.                                                       1,169        

      (b)  The board's secured line of credit does not exceed      1,171        

five hundred thousand dollars.                                     1,172        

      (c)  The contract provides that any amount extended must be  1,174        

repaid in full before any additional credit can be extended.       1,175        

      (d)  The contract provides that the bank, savings and loan   1,177        

association, or savings bank shall not commence a civil action     1,178        

against the board of county commissioners, any member of the       1,179        

board, or the county to recover the principal, interest, or any    1,180        

charges or other amounts that remain outstanding on the secured    1,181        

line of credit at the time of any default by the board of county   1,182        

hospital trustees.                                                 1,183        

      (e)  The contract provides that no assets other than those   1,185        

of the hospital can be used to secure the line of credit.          1,186        

      (f)  The terms and conditions of the contract comply with    1,188        

all state and federal statutes and rules governing the extension   1,189        

of a secured line of credit.                                       1,190        

      (3)  Any obligation incurred by a board of county hospital   1,192        

trustees under this division is an obligation of that board only   1,193        

and not a general obligation of the board of county commissioners  1,194        

or the county within the meaning of division (Q) of section        1,195        

133.01 of the Revised Code.                                        1,196        

                                                          29     


                                                                 
      (4)  No board of county hospital trustees shall at any time  1,198        

have more than one secured line of credit under this section.      1,199        

      (F)  The board of county hospital trustees shall employ an   1,201        

administrator, whose title, salary, and other benefits shall be    1,202        

determined by the trustees.  The administrator may be removed by   1,203        

the board whenever the board determines it to be in the best       1,204        

interests of the hospital.  The administrator or his designee      1,206        

shall employ, contract with, or grant privileges to, such          1,207        

physicians, nurses, and other employees as are necessary for the   1,209        

proper care, control, and management of the county hospital and    1,210        

its patients.  The board shall adopt the wage and salary schedule  1,211        

for the county hospital.  Such physicians, nurses, and other       1,212        

employees may be suspended or removed by the administrator or his  1,213        

designee at any time when the welfare of such institution          1,215        

warrants suspension or removal.  Such physicians, nurses, and      1,216        

other employees, if employed, shall be in the unclassified civil   1,218        

service, pursuant to section 124.11 of the Revised Code.  The      1,219        

administrator and such other employees as the board considers      1,220        

necessary shall be bonded in amounts established by the board,     1,221        

the expense of which shall be paid out of hospital operating       1,222        

funds.                                                                          

      (G)(E)  The board shall establish a schedule of charges for  1,224        

all services and treatment rendered by the county hospital.  It    1,225        

may provide for the free treatment in such hospital of soldiers,   1,226        

sailors, and marines of the county, under such conditions and      1,227        

rules as it prescribes.                                            1,228        

      (H)(F)  The board may designate the amounts and forms of     1,230        

insurance protection to be provided, and the board of county       1,231        

commissioners shall assist in obtaining such protection.  The      1,232        

expense of providing the protection shall be paid from hospital    1,233        

operating funds.                                                   1,234        

      (I)(G)  The board of county hospital trustees may authorize  1,236        

a county hospital and each of its units, hospital board members,   1,237        

designated hospital employees, and medical staff members to be a   1,238        

                                                          30     


                                                                 
member of and maintain membership in any local, state, or          1,239        

national group or association organized and operated for the       1,240        

promotion of the public health and welfare or advancement of the   1,241        

efficiency of hospital administration and in connection therewith  1,242        

to use tax funds for the payment of dues and fees and related      1,243        

expenses but nothing in this section prohibits the board from      1,244        

using receipts from hospital operation, other than tax funds, for  1,245        

the payment of such dues and fees.                                 1,246        

      (J)(H)  THE FOLLOWING APPLY TO THE BOARD OF COUNTY HOSPITAL  1,249        

TRUSTEES, ITS EMPLOYEES, AND THE EMPLOYEES OF THE COUNTY           1,250        

HOSPITAL:                                                          1,251        

      (1)  THE BOARD SHALL ADOPT THE WAGE AND SALARY SCHEDULE FOR  1,253        

EMPLOYEES.                                                         1,254        

      (2)  THE BOARD MAY EMPLOY THE HOSPITAL'S ADMINISTRATOR       1,256        

PURSUANT TO SECTION 339.07 OF THE REVISED CODE, AND THE            1,258        

ADMINISTRATOR MAY EMPLOY INDIVIDUALS FOR THE HOSPITAL IN                        

ACCORDANCE WITH THAT SECTION.                                      1,259        

      (3)  THE BOARD MAY EMPLOY ASSISTANTS AS NECESSARY TO         1,261        

PERFORM ITS CLERICAL WORK, SUPERINTEND PROPERLY THE CONSTRUCTION   1,262        

OF THE COUNTY HOSPITAL, AND PAY THE HOSPITAL'S EXPENSES.  SUCH     1,263        

EMPLOYEES MAY BE PAID FROM FUNDS PROVIDED FOR THE COUNTY           1,264        

HOSPITAL.                                                          1,265        

      (4)  The board may hire, by contract or as salaried          1,267        

employees, such management consultants, accountants, attorneys,    1,268        

engineers, architects, construction managers, and other            1,269        

professional advisors as it determines are necessary and           1,270        

desirable to assist in the management of the programs and          1,271        

operation of the county hospital.  Such professional advisors may  1,272        

be paid from county hospital operating funds.                      1,273        

      (K)(5)  Notwithstanding section 325.19 of the Revised Code,  1,275        

the board of county hospital trustees may grant to its employees   1,276        

any fringe benefits the board determines to be customary and       1,277        

usual in the nonprofit hospital field in its community,            1,278        

including, but not limited to:                                     1,279        

                                                          31     


                                                                 
      (1)(a)  Additional vacation leave with full pay for          1,281        

full-time employees, including full-time hourly rate employees,    1,282        

after service of one year;                                         1,283        

      (2)(b)  Vacation leave and holiday pay for part-time         1,285        

employees on a pro rata basis;                                     1,286        

      (3)(c)  Leave with full pay due to death in the employee's   1,288        

immediate family, which shall not be deducted from the employee's  1,289        

accumulated sick leave;                                            1,290        

      (4)(d)  Premium pay for working on holidays listed in        1,292        

section 325.19 of the Revised Code;                                1,293        

      (5)(e)  Moving expenses for new employees;                   1,295        

      (6)(f)  Discounts on hospital supplies and services.         1,297        

      In addition to (6)  THE BOARD MAY PROVIDE HOLIDAY LEAVE BY   1,299        

OBSERVING MARTIN LUTHER KING DAY, WASHINGTON-LINCOLN DAY,          1,302        

COLUMBUS DAY, AND VETERANS' DAY ON DAYS OTHER THAN THOSE           1,303        

SPECIFIED IN SECTION 1.14 OF THE REVISED CODE.                     1,304        

      (7)  THE BOARD MAY GRANT TO EMPLOYEES the insurance          1,307        

benefits authorized by section 339.16 of the Revised Code and      1,308        

notwithstanding.                                                                

      (8)  NOTWITHSTANDING section 325.19 of the Revised Code,     1,311        

the board may grant to employees, including hourly rate            1,312        

employees, such personal holidays as the board determines to be    1,313        

customary and usual in the hospital field in its community.        1,314        

      (9)  The board of county hospital trustees may provide       1,316        

employee recognition awards and hold employee recognition          1,317        

dinners.                                                                        

      (10)  THE BOARD MAY GRANT TO EMPLOYEES THE RECRUITMENT AND   1,319        

RETENTION BENEFITS SPECIFIED UNDER DIVISION (I) OF THIS SECTION.   1,320        

      (I)  Notwithstanding sections 325.191 and 325.20 of the      1,322        

Revised Code, the board of county hospital trustees may provide,   1,323        

without the prior authorization of the board of county             1,324        

commissioners, scholarships for education in the health care       1,325        

professions, tuition reimbursement, and other staff development    1,326        

programs to enhance the skills of health care professionals for    1,327        

                                                          32     


                                                                 
the purpose of recruiting or retaining qualified employees.        1,328        

      The board of county hospital trustees may pay reasonable     1,330        

expenses for recruiting or retaining physicians and other          1,331        

appropriate health care practitioners.                             1,332        

      Sec. 339.07.  (A)  The BOARD OF COUNTY HOSPITAL TRUSTEES     1,342        

SHALL PROVIDE FOR THE ADMINISTRATION OF THE COUNTY HOSPITAL BY     1,343        

DIRECTLY EMPLOYING A HOSPITAL ADMINISTRATOR OR BY ENTERING INTO A  1,344        

CONTRACT FOR THE MANAGEMENT OF THE HOSPITAL UNDER WHICH AN         1,345        

ADMINISTRATOR IS PROVIDED.  WHEN AN ADMINISTRATOR IS EMPLOYED      1,346        

DIRECTLY, THE BOARD SHALL ADOPT A JOB DESCRIPTION DELINEATING THE  1,347        

ADMINISTRATOR'S POWERS AND DUTIES AND THE BOARD MAY PAY THE        1,348        

ADMINISTRATOR'S SALARY AND OTHER BENEFITS FROM FUNDS PROVIDED FOR  1,349        

THE HOSPITAL.                                                                   

      (B)  DURING THE CONSTRUCTION AND EQUIPPING OF THE HOSPITAL,  1,351        

THE administrator of a county hospital shall act in an advisory    1,353        

capacity to the board of county hospital trustees during the       1,354        

construction and equipping of the county hospital, and after.      1,355        

AFTER the hospital is completed he, THE ADMINISTRATOR shall serve  1,357        

as the chief executive officer and shall carry out the             1,358        

administration of the county hospital according to the policies    1,359        

set forth by the board charged with the operation of such          1,360        

hospital.  The board shall adopt a job description delineating     1,361        

the powers and duties of the administrator.                        1,362        

      The administrator shall administer the county hospital,      1,364        

make reports, and take any other action that he THE ADMINISTRATOR  1,366        

determines is necessary for the operation of the hospital.         1,367        

      At the end of each fiscal year, the administrator shall      1,369        

submit to the board a complete financial statement showing the     1,370        

receipts, revenues, and expenditures in detail for the entire      1,371        

fiscal year.                                                       1,372        

      THE ADMINISTRATOR SHALL ENSURE THAT THE HOSPITAL HAS SUCH    1,374        

PHYSICIANS, NURSES, AND OTHER EMPLOYEES AS ARE NECESSARY FOR THE   1,375        

PROPER CARE, CONTROL, AND MANAGEMENT OF THE COUNTY HOSPITAL AND    1,376        

ITS PATIENTS.  THE PHYSICIANS, NURSES, AND OTHER EMPLOYEES MAY BE  1,377        

                                                          33     


                                                                 
SUSPENDED OR REMOVED BY THE ADMINISTRATOR AT ANY TIME THE WELFARE  1,378        

OF THE HOSPITAL WARRANTS SUSPENSION OR REMOVAL.  THE                            

ADMINISTRATOR MAY OBTAIN PHYSICIANS, NURSES, AND OTHER EMPLOYEES   1,379        

BY DIRECT EMPLOYMENT, ENTERING INTO CONTRACTS, OR GRANTING         1,380        

AUTHORITY TO PRACTICE IN THE HOSPITAL.  PERSONS EMPLOYED DIRECTLY  1,381        

SHALL BE IN THE UNCLASSIFIED CIVIL SERVICE, PURSUANT TO SECTION    1,382        

124.11 OF THE REVISED CODE.                                                     

      Sec. 2925.32.  (A)  Divisions (A)(1) and (2) of this         1,391        

section do not apply to the dispensing or distributing of nitrous  1,392        

oxide.                                                                          

      (1)  No person shall knowingly dispense or distribute a      1,394        

harmful intoxicant to a person age eighteen or older if the        1,395        

person who dispenses or distributes it knows or has reason to      1,396        

believe that the harmful intoxicant will be used in violation of   1,397        

section 2925.31 of the Revised Code.                               1,398        

      (2)  No person shall knowingly dispense or distribute a      1,401        

harmful intoxicant to a person under age eighteen if the person    1,402        

who dispenses or distributes it knows or has reason to believe     1,404        

that the harmful intoxicant will be used in violation of section   1,405        

2925.31 of the Revised Code.  Division (A)(2) of this section      1,406        

does not prohibit either of the following:                         1,407        

      (a)  Dispensing or distributing a harmful intoxicant to a    1,410        

person under age eighteen if a written order from the juvenile's   1,412        

parent or guardian is provided to the dispenser or distributor;    1,413        

      (b)  Dispensing or distributing gasoline or diesel fuel to   1,416        

a person under age eighteen if the dispenser or distributor does   1,417        

not know or have reason to believe the product will be used in     1,418        

violation of section 2925.31 of the Revised Code.  Division        1,419        

(A)(2)(a) of this section does not require a person to obtain a    1,420        

written order from the parent or guardian of a person under age    1,421        

eighteen in order to distribute or dispense gasoline or diesel     1,422        

fuel to the person.                                                1,423        

      (B)(1)  No person shall knowingly dispense or distribute     1,425        

nitrous oxide to a person age twenty-one or older if the person    1,427        

                                                          34     


                                                                 
who dispenses or distributes it knows or has reason to believe     1,428        

the nitrous oxide will be used in violation of section 2925.31 of  1,429        

the Revised Code.                                                               

      (2)  Except for lawful medical, dental, or clinical          1,431        

purposes, no person shall knowingly dispense or distribute         1,432        

nitrous oxide to a person under age twenty-one.                    1,433        

      (3)  No person, at the time a cartridge of nitrous oxide is  1,435        

sold to another person, shall sell a device that allows the        1,436        

purchaser to inhale nitrous oxide from cartridges or to hold       1,437        

nitrous oxide released from cartridges for purposes of             1,438        

inhalation.  The sale of any such device constitutes a rebuttable  1,439        

presumption that the person knew or had reason to believe that     1,440        

the purchaser intended to abuse the nitrous oxide.                 1,441        

      (4)  No person who dispenses or distributes nitrous oxide    1,443        

in cartridges shall fail to comply with either of the following:   1,444        

      (a)  The record-keeping requirements established under       1,446        

division (F) of this section;                                      1,447        

      (b)  The labeling and transaction identification             1,449        

requirements established under division (G) of this section.       1,451        

      (C)  This section does not apply to products used in         1,453        

making, fabricating, assembling, transporting, or constructing a   1,454        

product or structure by manual labor or machinery for sale or      1,455        

lease to another person, or to the mining, refining, or            1,456        

processing of natural deposits.                                    1,457        

      (D)(1)  Whoever violates division (A)(1) or (2) or division  1,461        

(B)(1), (2), or (3) of this section is guilty of trafficking in    1,462        

harmful intoxicants, a felony of the fifth degree.  If the         1,463        

offender previously has been convicted of a drug abuse offense,    1,464        

trafficking in harmful intoxicants is a felony of the fourth       1,465        

degree.  In addition to any other sanction imposed for                          

trafficking in harmful intoxicants, the court shall suspend for    1,467        

not less than six months or more than five years the driver's or   1,468        

commercial driver's license or permit of any person who is         1,469        

convicted of or has pleaded guilty to trafficking in harmful       1,471        

                                                          35     


                                                                 
intoxicants.  If the offender is a professionally licensed person  1,472        

or a person who has been admitted to the bar by order of the       1,473        

supreme court in compliance with its prescribed and published      1,474        

rules, in addition to any other sanction imposed for trafficking   1,476        

in harmful intoxicants, the court forthwith shall comply with      1,477        

section 2925.38 of the Revised Code.                               1,478        

      (2)  Whoever violates division (B)(4)(a) or (b) of this      1,481        

section is guilty of improperly dispensing or distributing         1,482        

nitrous oxide, a misdemeanor of the fourth degree.                              

      (E)  It is an affirmative defense to a charge of a           1,484        

violation of division (A)(2) or (B)(2) of this section that:       1,485        

      (1)  An individual exhibited to the defendant or an officer  1,488        

or employee of the defendant, for purposes of establishing the     1,489        

individual's age, a driver's license or permit issued by this      1,490        

state, a commercial driver's license or permit issued by this      1,491        

state, an identification card issued pursuant to section 4507.50   1,492        

of the Revised Code, for another document that purports to be a    1,494        

license, permit, or identification card described in this          1,495        

division;                                                                       

      (2)  The document exhibited appeared to be a genuine,        1,498        

unaltered document, to pertain to the individual, and to                        

establish the individual's age;                                    1,499        

      (3)  The defendant or the officer or employee of the         1,502        

defendant otherwise did not have reasonable cause to believe that  1,503        

the individual was under the age represented.                      1,504        

      (F)  Beginning July 1, 1999 2000, a person who dispenses or  1,507        

distributes nitrous oxide shall record each transaction involving  1,508        

the dispensing or distributing of the nitrous oxide on a separate  1,509        

card.  The person shall require the purchaser to sign the card                  

and provide a complete residence address.  The person dispensing   1,510        

or distributing the nitrous oxide shall sign and date the card.    1,511        

The person shall retain the card recording a transaction for one   1,512        

year from the date of the transaction.  The person shall maintain  1,513        

the cards at the person's business address and make them           1,514        

                                                          36     


                                                                 
available during normal business hours for inspection and copying  1,516        

by officers or employees of the state board of pharmacy or of                   

other law enforcement agencies of this state or the United States  1,517        

that are authorized to investigate violations of Chapter 2925.,    1,518        

3719., or 4729. of the Revised Code or the federal drug abuse      1,519        

control laws.                                                                   

      The cards used to record each transaction shall inform the   1,521        

purchaser of the following:                                        1,522        

      (1)  That nitrous oxide cartridges are to be used only for   1,524        

purposes of preparing food;                                        1,525        

      (2)  That inhalation of nitrous oxide can have dangerous     1,527        

health effects;                                                                 

      (3)  That it is a violation of state law to distribute or    1,529        

dispense cartridges of nitrous oxide to any person under age       1,530        

twenty-one, punishable as a felony of the fifth degree.            1,531        

      (G)(1)  Each cartridge of nitrous oxide dispensed or         1,534        

distributed in this state shall bear the following printed         1,535        

warning:                                                                        

      "Nitrous oxide cartridges are to be used only for purposes   1,538        

of preparing food.  Nitrous oxide cartridges may not be sold to    1,539        

persons under age twenty-one.  Do not inhale contents.  Misuse     1,540        

can be dangerous to your health."                                               

      (2)  Each time a person dispenses or distributes one or      1,542        

more cartridges of nitrous oxide, the person shall mark the        1,543        

packaging containing the cartridges with a label or other device   1,544        

that identifies the person who dispensed or distributed the        1,545        

nitrous oxide and the person's business address.                   1,546        

      Sec. 4115.04.  (A)  Every public authority authorized to     1,556        

contract for or construct with its own forces a public             1,557        

improvement, before advertising for bids or undertaking such       1,558        

construction with its own forces, shall have the bureau of         1,559        

employment services determine the prevailing rates of wages of     1,560        

mechanics and laborers in accordance with section 4115.05 of the   1,561        

Revised Code for the class of work called for by the public        1,562        

                                                          37     


                                                                 
improvement, in the locality where the work is to be performed.    1,563        

Such schedule of wages shall be attached to and made part of the   1,564        

specifications for the work, and shall be printed on the bidding   1,565        

blanks where the work is done by contract.  A copy of the bidding  1,566        

blank shall be filed with the bureau before such contract is       1,567        

awarded.  A minimum rate of wages for common laborers, on work     1,569        

coming under the jurisdiction of the department of                 1,570        

transportation, shall be fixed in each county of the state by      1,571        

said department of transportation, in accordance with section      1,572        

4115.05 of the Revised Code.                                                    

      (B)  Sections 4115.03 to 4115.16 of the Revised Code do not  1,574        

apply to:                                                                       

      (A)(1)  Public improvements in any case where the federal    1,576        

government or any of its agencies furnishes by loan or grant all   1,579        

or any part of the funds used in constructing such improvements,   1,580        

provided the federal government or any of its agencies prescribes  1,581        

predetermined minimum wages to be paid to mechanics and laborers   1,582        

employed in the construction of such improvements;                 1,583        

      (B)(2)  A participant in a work activity, developmental      1,586        

activity, or an alternative work activity under sections 5107.40   1,588        

to 5107.69 of the Revised Code when a public authority directly    1,589        

uses the labor of the participant to construct a public                         

improvement if the participant is not engaged in paid employment   1,591        

or subsidized employment pursuant to the activity;                 1,592        

      (C)(3)  Public improvements undertaken by, or under          1,594        

contract for, the board of education of any school district or     1,596        

the governing board of any educational service center;             1,597        

      (4)  PUBLIC IMPROVEMENTS UNDERTAKEN BY, OR UNDER CONTRACT    1,599        

FOR, A COUNTY HOSPITAL OPERATED PURSUANT TO CHAPTER 339. OF THE    1,600        

REVISED CODE IF NONE OF THE FUNDS USED IN CONSTRUCTING THE         1,602        

IMPROVEMENTS ARE THE PROCEEDS OF BONDS OR OTHER OBLIGATIONS WHICH  1,604        

ARE SECURED BY THE FULL FAITH AND CREDIT OF THE STATE, THE         1,605        

COUNTY, A TOWNSHIP, OR A MUNICIPAL CORPORATION AND NONE OF THE     1,606        

FUNDS USED IN CONSTRUCTING THE IMPROVEMENTS, INCLUDING FUNDS USED  1,608        

                                                          38     


                                                                 
TO REPAY ANY AMOUNTS BORROWED TO CONSTRUCT THE IMPROVEMENTS, ARE   1,609        

FUNDS THAT HAVE BEEN APPROPRIATED FOR THAT PURPOSE BY THE BOARD    1,610        

OF COUNTY COMMISSIONERS, THE STATE, A TOWNSHIP, OR A MUNICIPAL     1,611        

CORPORATION FROM FUNDS GENERATED BY THE LEVY OF A TAX; PROVIDED,   1,612        

HOWEVER, THAT A COUNTY HOSPITAL MAY ELECT TO APPLY SECTIONS        1,613        

4115.03 TO 4115.16 OF THE REVISED CODE TO A PUBLIC IMPROVEMENT     1,614        

UNDERTAKEN BY, OR UNDER CONTRACT FOR, THE COUNTY HOSPITAL.         1,616        

      Section 2.  That existing sections 121.22, 133.07, 149.43,   1,618        

325.19, 339.01, 339.03, 339.06, 339.07, 2925.32, and 4115.04 of    1,620        

the Revised Code are hereby repealed.                                           

      Section 3.  Section 133.07 of the Revised Code is presented  1,622        

in this act as a composite of the section as amended by both Sub.  1,624        

H.B. 581 and Am. Sub. S.B. 223 of the 122nd General Assembly,                   

with the new language of neither of the acts shown in capital      1,627        

letters.  This is in recognition of the principle stated in        1,628        

division (B) of section 1.52 of the Revised Code that such         1,629        

amendments are to be harmonized where not substantively            1,630        

irreconcilable and constitutes a legislative finding that such is  1,631        

the resulting version in effect prior to the effective date of     1,632        

this act.