SENATORS Spada, Mumper, Robert Gardner, Austria, Espy, Randy Gardner, Harris, Prentiss, Wachtmann, Blessing

To amend sections 505.371, 505.375, 505.38, 733.68,

1

737.08, and 737.22 and to enact section 9.61 of the

2

Revised Code to specify that state law does not

3

require a municipal corporation fire chief to be a

4

resident or elector of the municipal corporation,

5

does not require a township fire chief to be a

6

resident of the township, and does not require a

7

township fire district fire chief, joint fire

8

district fire chief, or fire and ambulance district

9

fire chief to be a resident of the township fire

10

district, joint fire district, or fire and

11

ambulance district.

12

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

Section 1.  That sections 505.371, 505.375, 505.38, 733.68,	13
737.08, and 737.22 be amended and section 9.61 of the Revised Code	14
be enacted to read as follows:	15

Sec. 9.61. (A)"Firefighting agency" means a municipal	16
corporation, township, township fire district, joint fire	17
district, fire and ambulance district, or other political	18
subdivision that operates a fire department.	19

(B)Nothing in the Revised Code requires, or shall be	20
construed to require, that the fire chief of a firefighting agency	21
reside in the territory of the firefighting agency.	22

Sec. 505.371.  (A) The boards of township trustees of one or	23
more townships and the legislative authorities of one or more	24
municipal corporations, or the legislative authorities of two or	25
more municipal corporations, or the boards of township trustees of	26
two or more townships, may, by adoption of a joint resolution by a	27
majority of the members of each board of township trustees and by	28
a majority of the members of the legislative authority of each	29
municipal corporation, create a joint fire district comprising the	30
municipal corporations and all or any portions of the townships as	31
are mutually agreed upon. A joint fire district so created shall	32
be given a name different from the name of any participating	33
township or municipal corporation.	34

(B) The governing body of the joint fire district shall be a	35
board of fire district trustees, which shall include one	36
representative from each board of township trustees and one	37
representative from the legislative authority of each municipal	38
corporation in the district. The board of fire district trustees	39
may exercise the same powers as are granted to a board of township	40
trustees in sections 505.37 to 505.45 of the Revised Code,	41
including, but not limited to, the power to levy a tax upon all	42
taxable property in the fire district as provided in section	43
505.39 of the Revised Code. The board of fire district trustees	44
may be compensated at a rate not to exceed thirty dollars per	45
meeting, not to exceed fifteen meetings per year, and may be	46
reimbursed for all necessary expenses incurred. The board shall	47
employ a clerk of the board of fire district trustees.	48

(C)(1) The board of fire district trustees may establish	49
reasonable charges for the use of ambulance or emergency medical	50
services. The board may establish different charges for residents	51
and nonresidents of the district, and may waive, at its	52
discretion, all or part of the charge for any resident of the	53
district. The charge for nonresidents shall be an amount not less	54
than the authorized medicare reimbursement rate, except that if,	55
prior to February 4, 1998, the board had different charges for	56
residents and nonresidents and the charge for nonresidents was	57
less than the authorized medicare reimbursement rate, the board	58
may charge nonresidents less than the authorized medicare	59
reimbursement rate.	60

(2) In the resolution creating the joint fire district, the	61
political subdivisions that create the district may provide that	62
any of those political subdivisions may agree to pay any charges	63
for the use of ambulance or emergency medical services that the	64
board of fire district trustees establishes under division (C)(1)	65
of this section and that are incurred by the residents of the	66
particular political subdivision. Unless the board elects	67
pursuant to that division to waive all or part of the charges for	68
the use of ambulance or emergency medical services that any	69
resident of the district incurs, the residents of a particular	70
political subdivision that has not so agreed to pay the charges	71
for the use of ambulance or emergency medical services incurred by	72
its residents shall pay those charges.	73

(3) Charges collected under division (C) of this section	74
shall be kept in a separate fund designated as the ambulance and	75
emergency medical services fund and shall be appropriated and	76
administered by the board. The fund shall be used for the payment	77
of the costs of the management, maintenance, and operation of	78
ambulance and emergency medical services in the district.	79

(4) As used in division (C) of this section, "authorized	80
medicare reimbursement rate" has the same meaning as in section	81
505.84 of the Revised Code.	82

(D) Any municipal corporation or township, or parts of them,	83
may join an existing joint fire district by the adoption of a	84
resolution requesting such membership and upon approval of the	85
board of fire district trustees. Any municipal corporation or	86
township may withdraw from a joint fire district created under	87
this section, by the adoption of a resolution ordering withdrawal.	88
On or after the first day of January of the year following the	89
adoption of the resolution of withdrawal, the municipal	90
corporation or township withdrawing ceases to be a part of such	91
district, and the power of the district to levy a tax upon taxable	92
property in the withdrawing township or municipal corporation	93
terminates, except that the district shall continue to levy and	94
collect taxes for the payment of indebtedness within the territory	95
of the district as it was comprised at the time the indebtedness	96
was incurred.	97

Upon the withdrawal of any township or municipal corporation	98
from a joint fire district created under this section, the county	99
auditor shall ascertain, apportion, and order a division of the	100
funds on hand, including funds in the ambulance and emergency	101
medical services fund, moneys and taxes in the process of	102
collection, except for taxes levied for the payment of	103
indebtedness, credits, and real and personal property, either in	104
money or in kind, on the basis of the valuation of the respective	105
tax duplicates of the withdrawing municipal corporation or	106
township and the remaining territory of the joint fire district.	107

When the number of townships and municipal corporations	108
comprising a joint fire district is reduced to one, the joint fire	109
district ceases to exist by operation of law, and the funds,	110
credits, and property remaining after apportionments to	111
withdrawing municipal corporations or townships shall be assumed	112
by the one remaining township or municipal corporation. When a	113
joint fire district ceases to exist and an indebtedness remains	114
unpaid, the board of county commissioners shall continue to levy	115
and collect taxes for the payment of suchthat indebtedness within	116
the territory of the joint fire district as it was comprised at	117
the time the indebtedness was incurred.	118

(E)Neither this section nor any other section of the Revised	119
Code requires, or shall be construed to require, that the fire	120
chief of a joint fire district be a resident of the fire district.	121

Sec. 505.375.  (A) The board of a joint ambulance district	122
created under section 505.71 of the Revised Code and the board of	123
a joint fire district created under section 505.371 of the Revised	124
Code may negotiate in accordance with this section to combine	125
their two joint districts into a single district, called a fire	126
and ambulance district, for the delivery of both fire and	127
ambulance services, if the geographic area covered by the	128
combining joint districts is exactly the same. Both boards shall	129
adopt a joint resolution ratifying the agreement and setting a	130
date on which the fire and ambulance district shall come into	131
being. On that date, the joint fire district and the joint	132
ambulance district shall cease to exist, and the power of each to	133
levy a tax upon taxable property shall terminate, except that any	134
levy of a tax for the payment of indebtedness within the territory	135
of the joint fire or joint ambulance district as it was composed	136
at the time the indebtedness was incurred shall continue to be	137
collected by the successor fire and ambulance district if the	138
indebtedness remains unpaid.	139

All funds and other property of the joint districts that	140
combined into the fire and ambulance district shall become the	141
property of the fire and ambulance district, unless otherwise	142
provided in the negotiated agreement. The agreement shall provide	143
for the settlement of all debts and obligations of the joint	144
districts.	145

(B) The governing body of the fire and ambulance district	146
shall be a board of trustees of at least three but no more than	147
nine members, appointed as provided in the agreement creating the	148
district. Members of the board of trustees may be compensated at	149
a rate not to exceed thirty dollars per meeting for not more than	150
fifteen meetings per year, and may be reimbursed for all necessary	151
expenses incurred, as provided in the agreement creating the	152
district.	153

The board shall employ a clerk and such other employees as it	154
considers best, including a fire chief or fire prevention	155
officers, and shall fix their compensation. BeforeNeither this	156
section nor any other section of the Revised Code requires, or	157
shall be construed to require, that the fire chief of a fire and	158
ambulance district be a resident of the district.	159

Before entering upon the duties of office, the clerk shall	160
execute a bond, in the amount and with surety to be approved by	161
the board, payable to the state, conditioned for the faithful	162
performance of all of the clerk's official duties. The clerk	163
shall deposit the bond with the presiding officer of the board,	164
who shall file a copy of it, certified by the presiding officer,	165
with the county auditor of the county containing the most	166
territory in the district.	167

The board shall also provide for the appointment of a fiscal	168
officer for the district. The board may also enter into	169
agreements with volunteer fire companies for the use and operation	170
of fire-fighting equipment. Volunteer firefighters acting under	171
such an agreement are subject to the requirements for volunteer	172
firefighters set forth in division (A) of section 505.38 of the	173
Revised Code.	174

Employees of the district shall not be removed from office	175
except as provided by sections 733.35 to 733.39 of the Revised	176
Code, except that, to initiate removal proceedings, the board	177
shall designate a private citizen, or, if the employee is employed	178
as a firefighter, the board may designate the fire chief, to	179
investigate, conduct the proceedings, and prepare the necessary	180
charges in conformity with sections 733.35 to 733.39 of the	181
Revised Code, and except that the board shall perform the	182
functions and duties specified for the municipal legislative	183
authority under those sections. The board may pay reasonable	184
compensation to any private citizen hired for services rendered in	185
the matter.	186

No person shall be appointed as a permanent full-time paid	187
member of the district whose duties include fire fighting, or be	188
appointed as a volunteer firefighter, unless that person has	189
received a certificate issued under former section 3303.07 or	190
section 4765.55 of the Revised Code evidencing satisfactory	191
completion of a firefighter training program. The board may send	192
its officers and firefighters to schools of instruction designed	193
to promote the efficiency of firefighters, and, if authorized in	194
advance, may pay their necessary expenses from the funds used for	195
the maintenance and operation of the district.	196

The board may choose, by adoption of an appropriate	197
resolution, to have the Ohio ambulance licensing board license any	198
emergency medical service organization it operates. If the board	199
adopts such a resolution, Chapter 4766. of the Revised Code,	200
except for sections 4766.06 and 4766.99 of the Revised Code,	201
applies to the organization. All rules adopted under the	202
applicable sections of that chapter also apply to the	203
organization. The board may likewise, by resolution, remove its	204
emergency medical service organization from the jurisdiction of	205
the Ohio ambulance licensing board.	206

(C) The board may exercise the following powers:

207

(1) Purchase or otherwise provide any fire apparatus,	208
mechanical resuscitators, or other fire or ambulance equipment,	209
appliances, or materials; fire hydrants; and water supply for	210
fire-fighting purposes that seems advisable to the board;	211

(2) Provide for the care and maintenance of equipment and,	212
for that purpose, purchase, lease, or construct and maintain	213
necessary buildings;	214

(3) Establish and maintain lines of fire-alarm	215
communications within the limits of the district;	216

(4) Appropriate land for a fire station or medical emergency	217
unit needed in order to respond in reasonable time to a fire or	218
medical emergency, in accordance with Chapter 163. of the Revised	219
Code;	220

(5) Purchase, appropriate, or accept a deed or gift of land	221
to enlarge or improve a fire station or medical emergency unit;	222

(6) Purchase, lease, maintain, and use all materials,	223
equipment, vehicles, buildings, and land necessary to perform its	224
duties;	225

(7) Contract for a period not to exceed three years with one	226
or more townships, municipal corporations, counties, joint fire	227
districts, governmental agencies, nonprofit corporations, or	228
private ambulance owners located either within or outside the	229
state, to furnish or receive ambulance services or emergency	230
medical services within the several territories of the contracting	231
parties, if the contract is first authorized by all boards of	232
trustees and legislative authorities concerned;	233

(8) Establish reasonable charges for the use of ambulance or	234
emergency medical services under the same conditions under which a	235
board of fire district trustees may establish those charges under	236
section 505.371 of the Revised Code;	237

(9) Establish all necessary rules to guard against the	238
occurrence of fires and to protect property and lives against	239
damage and accidents;	240

(10) Adopt a standard code pertaining to fire, fire hazards,	241
and fire prevention prepared and promulgated by the state or by a	242
public or private organization that publishes a model or standard	243
code;	244

(11) Provide for charges for false alarms at commercial	245
establishments in the same manner as joint fire districts are	246
authorized to do under section 505.391 of the Revised Code;	247

(12) Issue bonds and other evidences of indebtedness,	248
subject to Chapter 133. of the Revised Code, but only after	249
approval by a vote of the electors of the district as provided by	250
section 133.18 of the Revised Code;	251

(13) To provide the services and equipment it considers	252
necessary, levy a sufficient tax, subject to Chapter 5705. of the	253
Revised Code, on all the taxable property in the district.	254

(D) Any municipal corporation or township may join an	255
existing fire and ambulance district by its legislative	256
authority's adoption of a resolution requesting suchthe	257
membership and upon approval of the board of the district. Any	258
municipal corporation or township may withdraw from a district by	259
its legislative authority's adoption of a resolution ordering	260
withdrawal. Upon its withdrawal, the municipal corporation or	261
township ceases to be a part of the district, and the district's	262
power to levy a tax on taxable property in the withdrawing	263
township or municipal corporation terminates, except that the	264
district shall continue to levy and collect taxes for the payment	265
of indebtedness within the territory of the district as it was	266
composed at the time the indebtedness was incurred.	267

Upon the withdrawal of any township or municipal corporation	268
from a district, the county auditor of the county containing the	269
most territory in the district shall ascertain, apportion, and	270
order a division of the funds on hand, including funds in the	271
ambulance and emergency medical services fund, moneys and taxes in	272
the process of collection, except for taxes levied for the payment	273
of indebtedness, credits, and real and personal property on the	274
basis of the valuation of the respective tax duplicates of the	275
withdrawing municipal corporation or township and the remaining	276
territory of the district.	277

(E) As used in this section:

278

(1) "Governmental agency" includes all departments, boards,	279
offices, commissions, agencies, colleges, universities,	280
institutions, and other instrumentalities of this or another	281
state.	282

(2) "Emergency medical service organization" has the same	283
meaning as in section 4766.01 of the Revised Code.	284

Sec. 505.38.  (A) In each township or fire district that has	285
a fire department, the head of suchthe department shall be a fire	286
chief, appointed by the board of township trustees, except that,	287
in a joint fire district, the fire chief shall be appointed by the	288
board of fire district trustees. TheNeither this section nor any	289
other section of the Revised Code requires, or shall be construed	290
to require, that the fire chief be a resident of the township or	291
fire district.	292

The board shall provide for the employment of such	293
firefighters as it considers best, and shall fix their	294
compensation. No person shall be appointed as a permanent	295
full-time paid member, whose duties include firefightingfire	296
fighting, of the fire department of any township or fire district	297
unless suchthat person has received a certificate issued under	298
former section 3303.07 or section 4765.55 of the Revised Code	299
evidencing satisfactory completion of a firefighter training	300
program. SuchThose appointees shall continue in office until	301
removed therefromfrom office as provided by sections 733.35 to	302
733.39 of the Revised Code. To initiate removal proceedings, and	303
for suchthat purpose, the board shall designate the fire chief or	304
a private citizen to investigate the conduct and prepare the	305
necessary charges in conformity with sections 733.35 to 733.39 of	306
the Revised Code.	307

In case of the removal of a fire chief or any member of the	308
fire department of a township or fire district, an appeal may be	309
had from the decision of the board to the court of common pleas of	310
the county in which suchthe township or fire district fire	311
department is situated, to determine the sufficiency of the cause	312
of removal. SuchThe appeal from the findings of the board shall	313
be taken within ten days.	314

No person who is appointed as a volunteer firefighter of the	315
fire department of any township or fire district after July 1,	316
1979, shall remain in such athat position unless either of the	317
following applies:	318

(1) Within one year of the appointment, the person has	319
received a certificate issued under former section 3303.07 of the	320
Revised Code or division (C)(1) or (2) of section 4765.55 of the	321
Revised Code evidencing satisfactory completion of a firefighter	322
training program.	323

(2) The person began serving as a permanent full-time paid	324
firefighter with the fire department of a city or village prior to	325
July 2, 1970, or as a volunteer firefighter with the fire	326
department of a city, village, or other township or fire district	327
prior to July 2, 1979, and receives a certificate issued under	328
division (C)(3) of section 4765.55 of the Revised Code.	329

No person shall receive an appointment under this section	330
after July 1, 1979, in the case of a volunteer firefighter, unless	331
the person has, not more than sixty days prior to receiving such	332
the appointment, passed a physical examination, given by a	333
licensed physician, showing that the person meets the physical	334
requirements necessary to perform the duties of the position to	335
which the person is appointed as established by the board of	336
township trustees having jurisdiction over the appointment. The	337
appointing authority shall, prior to making any suchan	338
appointment, file with the Ohio police and fire pension fund or	339
the local volunteer fire fighters' dependents fund board a copy of	340
the report or findings of saidthat licensed physician. The	341
professional fee for suchthe physical examination shall be paid	342
for by the board of township trustees.	343

(B) In each township not having a fire department, the board	344
of township trustees shall appoint a fire prevention officer who	345
shall exercise all of the duties of a fire chief except those	346
involving the maintenance and operation of fire apparatus. The	347
board of township trustees may appoint one or more deputy fire	348
prevention officers, who shall exercise the duties assigned by the	349
fire prevention officer.	350

The board of township trustees may fix suchthe compensation	351
for the fire prevention officer and the fire prevention officer's	352
deputies as it considers best. The board of township trustees	353
shall appoint each fire prevention officer and deputy for a	354
one-year term. An appointee may be reappointed at the end of a	355
term to another one-year term. Any appointee may be removed from	356
office during a term as provided by sections 733.35 to 733.39 of	357
the Revised Code. The provisions of sectionSection 505.45 of the	358
Revised Code extendextends to suchthose officers.	359

(C) Division (A) of this section shall not apply to any	360
township havingthat has a population of ten thousand or more	361
persons residing within the township and outside of any municipal	362
corporation, whichthat has its own fire department employing ten	363
or more full-time paid employees, and whichthat has a civil	364
service commission established under division (B) of section	365
124.40 of the Revised Code. SuchThe township shall comply with	366
the procedures for the employment, promotion, and discharge of	367
firefighters provided by Chapter 124. of the Revised Code, except	368
that the board of township trustees of the township may appoint	369
the fire chief, and any person so appointed shall be in the	370
unclassified service under section 124.11 of the Revised Code and	371
shall serve at the pleasure of the board. Neither this section nor	372
any other section of the Revised Code requires, or shall be	373
construed to require, that the fire chief be a resident of the	374
township. A person who is appointed fire chief under these	375
conditions and who is removed by the board or who resigns from the	376
position is entitled to return to the classified service in the	377
township fire department, in the position held just prior to the	378
appointment as fire chief. The board of township trustees shall	379
determine the number of personnel required and establish salary	380
schedules and conditions of employment not in conflict with	381
Chapter 124. of the Revised Code. No person shall receive an	382
original appointment as a permanent full-time paid member of the	383
fire department of such athe township unless the person has	384
received a certificate issued under former section 3303.07 or	385
section 4765.55 of the Revised Code evidencing the satisfactory	386
completion of a firefighter training program. Persons employed as	387
firefighters in suchthe township on the date a civil service	388
commission is appointed pursuant to division (B) of section 124.40	389
of the Revised Code shall, without being required to pass a	390
competitive examination or a firefighter training program, retain	391
their employment and any rank previously granted them by action of	392
the board of township trustees or otherwise, but suchthose	393
persons are eligible for promotion only by compliance with Chapter	394
124. of the Revised Code.	395

Sec. 733.68. (A) Except as otherwise provided byin	396
division (B) of this section or in another section of the Revised	397
Code, each officer of a municipal corporation, or of any	398
department or board thereofof a municipal corporation, whether	399
elected or appointed as a substitute for a regular officer, shall	400
be an elector of the municipal corporation, and, before entering	401
upon his official duties, shall take an oath to support the	402
constitution of the United States and the constitution of this	403
state, and an oath that hethe officer will faithfully, honestly,	404
and impartially discharge the duties of histhe office to which	405
elected or appointed. SuchThese provisions as to official oaths	406
shall extend to deputies, but they need not be electors.	407

(B)Neither this section nor any other section of the Revised	408
Code requires, or shall be construed to require, that a city fire	409
chief be an elector of the city or that a village fire chief be an	410
elector of the village.	411

Sec. 737.08.  (A) The fire department of each city shall be	412
composed of a chief of the fire department and such other	413
officers, firefighters, and employees as provided for by	414
ordinance. Neither this section nor any other section of the	415
Revised Code requires, or shall be construed to require, that the	416
fire chief be a resident of the city.	417

(B) No person shall, after July 1, 1970, be appointed as a	418
permanent full-time paid member, whose duties include firefighting	419
fire fighting, of the fire department of any city, unless either	420
of the following applies:	421

(1) The person has received a certificate issued under	422
former section 3303.07 of the Revised Code or division (C)(1) or	423
(2) of section 4765.55 of the Revised Code evidencing satisfactory	424
completion of a firefighter training program;.	425

(2) The person began serving as a permanent full-time paid	426
firefighter with the fire department of a village or other city	427
prior to July 2, 1970, and receives a certificate issued under	428
division (C)(3) of section 4765.55 of the Revised Code.	429

(C) No person who is appointed as a volunteer firefighter of	430
a city fire department after July 1, 1979, shall remain in such a	431
that position, unless either of the following applies:	432

(1) Within one year of the appointment, the person has	433
received a certificate issued under former section 3303.07 of the	434
Revised Code or division (C)(1) or (2) of section 4765.55 of the	435
Revised Code evidencing satisfactory completion of a firefighter	436
training program;.	437

(2) The person began serving as a permanent full-time paid	438
firefighter with the fire department of a village or other city	439
prior to July 2, 1970, or as a volunteer firefighter with the fire	440
department of a township, fire district, village, or other city	441
prior to July 2, 1979, and receives a certificate issued under	442
division (C)(3) of section 4765.55 of the Revised Code.	443

(D) The director of public safety shall have the exclusive	444
management and control of such other surgeons, secretaries,	445
clerks, and employees, as are provided for by ordinance or	446
resolution of the legislative authority of suchthe city.	447

Sec. 737.22.  (A) Each village establishing a fire	448
department shall have a fire chief as the department's head	449
thereof, appointed by the mayor with the advice and consent of the	450
legislative authority of the village, who shall continue in office	451
until removed therefromfrom office as provided by sections 733.35	452
to 733.39 of the Revised Code. Neither this section nor any other	453
section of the Revised Code requires, or shall be construed to	454
require, that the fire chief be a resident of the village.	455

In each village not having a fire department, the mayor	456
shall, with the advice and consent of the legislative authority of	457
the village, appoint a fire prevention officer who shall exercise	458
all of the duties of a fire chief except those involving the	459
maintenance and operation of fire apparatus.	460

The legislative authority of the village may fix suchthe	461
compensation as it deemsconsiders best. SuchThe appointee shall	462
continue in office until removed therefromfrom office as provided	463
by such sections 733.35to 733.39 of the Revised Code. The	464
provisions of sectionSection 737.23 of the Revised Code shall	465
extend to suchthe officer.	466

(B) The legislative authority of the village may provide for	467
the appointment of permanent full-time paid firefighters as it	468
deemsconsiders best and fix their compensation, or for the	469
services of volunteer firefighters, who shall be appointed by the	470
mayor with the advice and consent of the legislative authority,	471
and shall continue in office until removed therefromfrom office.	472

(1) No person shall be appointed as a permanent full-time	473
paid firefighter of a village fire department, unless either of	474
the following applies:	475

(a) The person has received a certificate issued under	476
former section 3303.07 of the Revised Code or division (C)(1) or	477
(2) of section 4765.55 of the Revised Code evidencing satisfactory	478
completion of a firefighter training program;.	479

(b) The person began serving as a permanent full-time paid	480
firefighter with the fire department of a city or other village	481
prior to July 2, 1970, and receives a certificate issued under	482
division (C)(3) of section 4765.55 of the Revised Code.	483

(2) No person who is appointed as a volunteer firefighter of	484
a village fire department after July 1, 1979, shall remain in such	485
athat position, unless either of the following applies:	486

(a) Within one year of the appointment, the person has	487
received a certificate issued under former section 3303.07 or	488
section 4765.55 of the Revised Code evidencing satisfactory	489
completion of a firefighter training program;.	490

(b) The person has served as a permanent full-time paid	491
firefighter with the fire department of a city or other village	492
prior to July 2, 1970, or as a volunteer firefighter with the fire	493
department of a city, township, fire district, or other village	494
prior to July 2, 1979, and receives a certificate issued under	495
division (C)(3) of section 4765.55 of the Revised Code.	496

(3) No person shall receive an appointment under this	497
section after January 1, 1970, and after July 1, 1979, in the case	498
of a volunteer firefighter, unless the person has, not more than	499
sixty days prior to receiving suchthe appointment, passed a	500
physical examination, given by a licensed physician, showing that	501
the person meets the physical requirements necessary to perform	502
the duties of the position to which the person is to be appointed	503
as established by the legislative authority of the village. The	504
appointing authority shall, prior to making any suchan	505
appointment, file with the Ohio police and fire pension fund or	506
the local volunteer fire fighters' dependents fund board a copy of	507
the report or findings of saidthat licensed physician. The	508
professional fee for suchthe physical examination shall be paid	509
for by suchthe legislative authority of the village.	510

Section 2.  That existing sections 505.371, 505.375, 505.38,	511
733.68, 737.08, and 737.22 of the Revised Code are hereby	512
repealed.	513

Section 3.  Section 505.375 of the Revised Code is presented	514
in this act as a composite of the section as amended by both Am.	515
Sub. S.B. 5 and Am. Sub. S.B. 30 of the 122nd General Assembly.	516
The General Assembly, applying the principle stated in division	517
(B) of section 1.52 of the Revised Code that amendments are to be	518
harmonized if reasonably capable of simultaneous operation, finds	519
that the composite is the resulting version of the section in	520
effect prior to the effective date of the section as presented in	521
this act.	522