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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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(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.