SENATOR Carey

To amend sections 121.22, 133.05, 149.43, 737.03,

1

749.02, 749.08, 749.15, 749.18, 749.24, 749.33,

2

751.07, 3702.62, and 4115.04; to amend, for the

3

purpose of adopting new section numbers as

4

indicated in parentheses, sections 749.03

5

(749.021), 749.08 (749.081), and 749.15 (749.082);

6

to enact new sections 749.03 and 749.08 and

7

sections 749.083 and 749.37 of the Revised Code to

8

modify the laws governing municipal hospitals.

9

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

Section 1. That sections 121.22, 133.05, 149.43, 737.03,	10
749.02, 749.08, 749.15, 749.18, 749.24, 749.33, 751.07, 3702.62,	11
and 4115.04 be amended; sections 749.03 (749.021), 749.08	12
(749.081), and 749.15 (749.082) be amended for the purpose of	13
adopting new section numbers as indicated in parentheses; and new	14
sections 749.03 and 749.08 and sections 749.083 and 749.37 of the	15
Revised Code be enacted to read as follows:	16

Sec. 121.22.  (A) This section shall be liberally construed	17
to require public officials to take official action and to conduct	18
all deliberations upon official business only in open meetings	19
unless the subject matter is specifically excepted by law.	20

(B) As used in this section:

21

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

22

(a) Any board, commission, committee, council, or similar	23
decision-making body of a state agency, institution, or authority,	24
and any legislative authority or board, commission, committee,	25
council, agency, authority, or similar decision-making body of any	26
county, township, municipal corporation, school district, or other	27
political subdivision or local public institution;	28

(b) Any committee or subcommittee of a body described in	29
division (B)(1)(a) of this section;	30

(c) A court of jurisdiction of a sanitary district organized	31
wholly for the purpose of providing a water supply for domestic,	32
municipal, and public use when meeting for the purpose of the	33
appointment, removal, or reappointment of a member of the board of	34
directors of such a district pursuant to section 6115.10 of the	35
Revised Code, if applicable, or for any other matter related to	36
such a district other than litigation involving the district. As	37
used in division (B)(1)(c) of this section, "court of	38
jurisdiction" has the same meaning as "court" in section 6115.01	39
of the Revised Code.	40

(2) "Meeting" means any prearranged discussion of the public	41
business of the public body by a majority of its members.	42

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

43

(a) A student in a state or local public educational	44
institution;	45

(b) A person who is, voluntarily or involuntarily, an inmate,	46
patient, or resident of a state or local institution because of	47
criminal behavior, mental illness or retardation, disease,	48
disability, age, or other condition requiring custodial care.	49

(4) "Public office" has the same meaning as in section	50
149.011 of the Revised Code.	51

(C) All meetings of any public body are declared to be public	52
meetings open to the public at all times. A member of a public	53
body shall be present in person at a meeting open to the public to	54
be considered present or to vote at the meeting and for purposes	55
of determining whether a quorum is present at the meeting.	56

The minutes of a regular or special meeting of any public	57
body shall be promptly prepared, filed, and maintained and shall	58
be open to public inspection. The minutes need only reflect the	59
general subject matter of discussions in executive sessions	60
authorized under division (G) or (J) of this section.	61

(D) This section does not apply to any of the following:

62

(1) A grand jury;

63

(2) An audit conference conducted by the auditor of state or	64
independent certified public accountants with officials of the	65
public office that is the subject of the audit;	66

(3) The adult parole authority when its hearings are	67
conducted at a correctional institution for the sole purpose of	68
interviewing inmates to determine parole or pardon;	69

(4) The organized crime investigations commission established	70
under section 177.01 of the Revised Code;	71

(5) Meetings of a child fatality review board established	72
under section 307.621 of the Revised Code and meetings conducted	73
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	74

(6) The state medical board when determining whether to	75
suspend a certificate without a prior hearing pursuant to division	76
(G) of either section 4730.25 or 4731.22 of the Revised Code;	77

(7) The board of nursing when determining whether to suspend	78
a license or certificate without a prior hearing pursuant to	79
division (B) of section 4723.281 of the Revised Code;	80

(8) The state board of pharmacy when determining whether to	81
suspend a license without a prior hearing pursuant to division (D)	82
of section 4729.16 of the Revised Code;	83

(9) The state chiropractic board when determining whether to	84
suspend a license without a hearing pursuant to section 4734.37 of	85
the Revised Code.	86

(10) The executive committee of the emergency response	87
commission when determining whether to issue an enforcement order	88
or request that a civil action, civil penalty action, or criminal	89
action be brought to enforce Chapter 3750. of the Revised Code.	90

(E) The controlling board, the development financing advisory	91
council, the industrial technology and enterprise advisory	92
council, the tax credit authority, or the minority development	93
financing advisory board, when meeting to consider granting	94
assistance pursuant to Chapter 122. or 166. of the Revised Code,	95
in order to protect the interest of the applicant or the possible	96
investment of public funds, by unanimous vote of all board,	97
council, or authority members present, may close the meeting	98
during consideration of the following information confidentially	99
received by the authority, council, or board from the applicant:	100

(1) Marketing plans;

101

(2) Specific business strategy;

102

(3) Production techniques and trade secrets;

103

(4) Financial projections;

104

(5) Personal financial statements of the applicant or members	105
of the applicant's immediate family, including, but not limited	106
to, tax records or other similar information not open to public	107
inspection.	108

The vote by the authority, council, or board to accept or	109
reject the application, as well as all proceedings of the	110
authority, council, or board not subject to this division, shall	111
be open to the public and governed by this section.	112

(F) Every public body, by rule, shall establish a reasonable	113
method whereby any person may determine the time and place of all	114
regularly scheduled meetings and the time, place, and purpose of	115
all special meetings. A public body shall not hold a special	116
meeting unless it gives at least twenty-four hours' advance notice	117
to the news media that have requested notification, except in the	118
event of an emergency requiring immediate official action. In the	119
event of an emergency, the member or members calling the meeting	120
shall notify the news media that have requested notification	121
immediately of the time, place, and purpose of the meeting.	122

The rule shall provide that any person, upon request and	123
payment of a reasonable fee, may obtain reasonable advance	124
notification of all meetings at which any specific type of public	125
business is to be discussed. Provisions for advance notification	126
may include, but are not limited to, mailing the agenda of	127
meetings to all subscribers on a mailing list or mailing notices	128
in self-addressed, stamped envelopes provided by the person.	129

(G) Except as provided in division (J) of this section, the	130
members of a public body may hold an executive session only after	131
a majority of a quorum of the public body determines, by a roll	132
call vote, to hold an executive session and only at a regular or	133
special meeting for the sole purpose of the consideration of any	134
of the following matters:	135

(1) To consider the appointment, employment, dismissal,	136
discipline, promotion, demotion, or compensation of a public	137
employee or official, or the investigation of charges or	138
complaints against a public employee, official, licensee, or	139
regulated individual, unless the public employee, official,	140
licensee, or regulated individual requests a public hearing.	141
Except as otherwise provided by law, no public body shall hold an	142
executive session for the discipline of an elected official for	143
conduct related to the performance of the elected official's	144
official duties or for the elected official's removal from office.	145
If a public body holds an executive session pursuant to division	146
(G)(1) of this section, the motion and vote to hold that executive	147
session shall state which one or more of the approved purposes	148
listed in division (G)(1) of this section are the purposes for	149
which the executive session is to be held, but need not include	150
the name of any person to be considered at the meeting.	151

(2) To consider the purchase of property for public purposes,	152
or for the sale of property at competitive bidding, if premature	153
disclosure of information would give an unfair competitive or	154
bargaining advantage to a person whose personal, private interest	155
is adverse to the general public interest. No member of a public	156
body shall use division (G)(2) of this section as a subterfuge for	157
providing covert information to prospective buyers or sellers. A	158
purchase or sale of public property is void if the seller or buyer	159
of the public property has received covert information from a	160
member of a public body that has not been disclosed to the general	161
public in sufficient time for other prospective buyers and sellers	162
to prepare and submit offers.	163

If the minutes of the public body show that all meetings and	164
deliberations of the public body have been conducted in compliance	165
with this section, any instrument executed by the public body	166
purporting to convey, lease, or otherwise dispose of any right,	167
title, or interest in any public property shall be conclusively	168
presumed to have been executed in compliance with this section	169
insofar as title or other interest of any bona fide purchasers,	170
lessees, or transferees of the property is concerned.	171

(3) Conferences with an attorney for the public body	172
concerning disputes involving the public body that are the subject	173
of pending or imminent court action;	174

(4) Preparing for, conducting, or reviewing negotiations or	175
bargaining sessions with public employees concerning their	176
compensation or other terms and conditions of their employment;	177

(5) Matters required to be kept confidential by federal law	178
or regulations or state statutes;	179

(6) Details relative to the security arrangements and	180
emergency response protocols for a public body or a public office,	181
if disclosure of the matters discussed could reasonably be	182
expected to jeopardize the security of the public body or public	183
office;	184

(7) In the case of a county hospital operated pursuant to	185
Chapter 339. of the Revised Code or a municipal hospital operated	186
pursuant to Chapter 749. of the Revised Code, to consider trade	187
secrets, as defined in section 1333.61 of the Revised Code.	188

If a public body holds an executive session to consider any	189
of the matters listed in divisions (G)(2) to (7) of this section,	190
the motion and vote to hold that executive session shall state	191
which one or more of the approved matters listed in those	192
divisions are to be considered at the executive session.	193

A public body specified in division (B)(1)(c) of this section	194
shall not hold an executive session when meeting for the purposes	195
specified in that division.	196

(H) A resolution, rule, or formal action of any kind is	197
invalid unless adopted in an open meeting of the public body. A	198
resolution, rule, or formal action adopted in an open meeting that	199
results from deliberations in a meeting not open to the public is	200
invalid unless the deliberations were for a purpose specifically	201
authorized in division (G) or (J) of this section and conducted at	202
an executive session held in compliance with this section. A	203
resolution, rule, or formal action adopted in an open meeting is	204
invalid if the public body that adopted the resolution, rule, or	205
formal action violated division (F) of this section.	206

(I)(1) Any person may bring an action to enforce this	207
section. An action under division (I)(1) of this section shall be	208
brought within two years after the date of the alleged violation	209
or threatened violation. Upon proof of a violation or threatened	210
violation of this section in an action brought by any person, the	211
court of common pleas shall issue an injunction to compel the	212
members of the public body to comply with its provisions.	213

(2)(a) If the court of common pleas issues an injunction	214
pursuant to division (I)(1) of this section, the court shall order	215
the public body that it enjoins to pay a civil forfeiture of five	216
hundred dollars to the party that sought the injunction and shall	217
award to that party all court costs and, subject to reduction as	218
described in division (I)(2) of this section, reasonable	219
attorney's fees. The court, in its discretion, may reduce an award	220
of attorney's fees to the party that sought the injunction or not	221
award attorney's fees to that party if the court determines both	222
of the following:	223

(i) That, based on the ordinary application of statutory law	224
and case law as it existed at the time of violation or threatened	225
violation that was the basis of the injunction, a well-informed	226
public body reasonably would believe that the public body was not	227
violating or threatening to violate this section;	228

(ii) That a well-informed public body reasonably would	229
believe that the conduct or threatened conduct that was the basis	230
of the injunction would serve the public policy that underlies the	231
authority that is asserted as permitting that conduct or	232
threatened conduct.	233

(b) If the court of common pleas does not issue an injunction	234
pursuant to division (I)(1) of this section and the court	235
determines at that time that the bringing of the action was	236
frivolous conduct, as defined in division (A) of section 2323.51	237
of the Revised Code, the court shall award to the public body all	238
court costs and reasonable attorney's fees, as determined by the	239
court.	240

(3) Irreparable harm and prejudice to the party that sought	241
the injunction shall be conclusively and irrebuttably presumed	242
upon proof of a violation or threatened violation of this section.	243

(4) A member of a public body who knowingly violates an	244
injunction issued pursuant to division (I)(1) of this section may	245
be removed from office by an action brought in the court of common	246
pleas for that purpose by the prosecuting attorney or the attorney	247
general.	248

(J)(1) Pursuant to division (C) of section 5901.09 of the	249
Revised Code, a veterans service commission shall hold an	250
executive session for one or more of the following purposes unless	251
an applicant requests a public hearing:	252

(a) Interviewing an applicant for financial assistance under	253
sections 5901.01 to 5901.15 of the Revised Code;	254

(b) Discussing applications, statements, and other documents	255
described in division (B) of section 5901.09 of the Revised Code;	256

(c) Reviewing matters relating to an applicant's request for	257
financial assistance under sections 5901.01 to 5901.15 of the	258
Revised Code.	259

(2) A veterans service commission shall not exclude an	260
applicant for, recipient of, or former recipient of financial	261
assistance under sections 5901.01 to 5901.15 of the Revised Code,	262
and shall not exclude representatives selected by the applicant,	263
recipient, or former recipient, from a meeting that the commission	264
conducts as an executive session that pertains to the applicant's,	265
recipient's, or former recipient's application for financial	266
assistance.	267

(3) A veterans service commission shall vote on the grant or	268
denial of financial assistance under sections 5901.01 to 5901.15	269
of the Revised Code only in an open meeting of the commission. The	270
minutes of the meeting shall indicate the name, address, and	271
occupation of the applicant, whether the assistance was granted or	272
denied, the amount of the assistance if assistance is granted, and	273
the votes for and against the granting of assistance.	274

Sec. 133.05.  (A) A municipal corporation shall not incur net	275
indebtedness that exceeds an amount equal to ten and one-half per	276
cent of its tax valuation, or incur without a vote of the electors	277
net indebtedness that exceeds an amount equal to five and one-half	278
per cent of that tax valuation.	279

(B) In calculating the net indebtedness of a municipal	280
corporation, none of the following securities shall be considered:	281

(1) Self-supporting securities issued for any purposes	282
including, without limitation, any of the following general	283
purposes:	284

(a) Water systems or facilities;

285

(b) Sanitary sewerage systems or facilities, or surface and	286
storm water drainage and sewerage systems or facilities, or a	287
combination of those systems or facilities;	288

(c) Electric plants and facilities and steam or cogeneration	289
facilities that generate or supply electricity, or steam and	290
electrical or steam distribution systems and lines;	291

(d) Airports or landing fields or facilities;

292

(e) Railroads, rapid transit, and other mass transit systems;

293

(f) Off-street parking lots, facilities, or buildings, or	294
on-street parking facilities, or any combination of off-street and	295
on-street parking facilities;	296

(g) Facilities for the care or treatment of the sick or	297
infirm, and for housing the persons providing such care or	298
treatment and their families;	299

(h) Solid waste or hazardous waste collection or disposal	300
facilities, or resource recovery and solid or hazardous waste	301
recycling facilities, or any combination of those facilities;	302

(i) Urban redevelopment projects;

303

(j) Recreational, sports, convention, auditorium, museum,	304
trade show, and other public attraction facilities;	305

(k) Facilities for natural resources exploration,	306
development, recovery, use, and sale;	307

(l) Correctional and detention facilities, including	308
multicounty-municipal jails, and related rehabilitation	309
facilities.	310

(2) Securities issued for the purpose of purchasing,	311
constructing, improving, or extending water or sanitary or surface	312
and storm water sewerage systems or facilities, or a combination	313
of those systems or facilities, to the extent that an agreement	314
entered into with another subdivision requires the other	315
subdivision to pay to the municipal corporation amounts equivalent	316
to debt charges on the securities;	317

(3) Securities issued under order of the director of health	318
or director of environmental protection under section 6109.18 of	319
the Revised Code;	320

(4) Securities issued under Section 3, 10, or 12 of Article	321
XVIII, Ohio Constitution;	322

(5) Securities that are not general obligations of the	323
municipal corporation;	324

(6) Voted securities issued for the purposes of urban	325
redevelopment to the extent that their principal amount does not	326
exceed an amount equal to two per cent of the tax valuation of the	327
municipal corporation;	328

(7) Unvoted general obligation securities to the extent that	329
the legislation authorizing them includes covenants to appropriate	330
annually from lawfully available municipal income taxes or other	331
municipal excises or taxes, including taxes referred to in section	332
701.06 of the Revised Code but not including ad valorem property	333
taxes, and to continue to levy and collect those municipal income	334
taxes or other applicable excises or taxes in, amounts necessary	335
to meet the debt charges on those securities, which covenants are	336
hereby authorized;	337

(8) Self-supporting securities issued prior to July 1, 1977,	338
under this chapter for the purpose of municipal university	339
residence halls to the extent that revenues of the successor state	340
university allocated to debt charges on those securities, from	341
sources other than municipal excises and taxes, are sufficient to	342
pay those debt charges;	343

(9) Securities issued for the purpose of acquiring or	344
constructing roads, highways, bridges, or viaducts, for the	345
purpose of acquiring or making other highway permanent	346
improvements, or for the purpose of procuring and maintaining	347
computer systems for the office of the clerk of the municipal	348
court to the extent that the legislation authorizing the issuance	349
of the securities includes a covenant to appropriate from money	350
distributed to the municipal corporation pursuant to Chapter	351
4501., 4503., 4504., or 5735. of the Revised Code a sufficient	352
amount to cover debt charges on and financing costs relating to	353
the securities as they become due;	354

(10) Securities issued for the purpose of providing some or	355
all of the funds required to satisfy the municipal corporation's	356
obligation under an agreement with the board of trustees of the	357
Ohio police and fire pension fund under section 742.30 of the	358
Revised Code;	359

(11) Securities issued for the acquisition, construction,	360
equipping, and improving of a municipal educational and cultural	361
facility under division (B)(2) of section 307.672 of the Revised	362
Code;	363

(12) Securities issued for energy conservation measures under	364
section 717.02 of the Revised Code;	365

(13) Securities that are obligations issued to pay costs of a	366
sports facility under section 307.673 of the Revised Code.	367

(C) In calculating the net indebtedness of a municipal	368
corporation, no obligation incurred under division (C) of section	369
749.08749.081 of the Revised Code shall be considered.	370

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

371

(1) "Public record" means records kept by any public office,	372
including, but not limited to, state, county, city, village,	373
township, and school district units, and records pertaining to the	374
delivery of educational services by an alternative school in Ohio	375
kept by a nonprofit or for profit entity operating such	376
alternative school pursuant to section 3313.533 of the Revised	377
Code. "Public record" does not mean any of the following:	378

(a) Medical records;

379

(b) Records pertaining to probation and parole proceedings or	380
to proceedings related to the imposition of community control	381
sanctions and post-release control sanctions;	382

(c) Records pertaining to actions under section 2151.85 and	383
division (C) of section 2919.121 of the Revised Code and to	384
appeals of actions arising under those sections;	385

(d) Records pertaining to adoption proceedings, including the	386
contents of an adoption file maintained by the department of	387
health under section 3705.12 of the Revised Code;	388

(e) Information in a record contained in the putative father	389
registry established by section 3107.062 of the Revised Code,	390
regardless of whether the information is held by the department of	391
job and family services or, pursuant to section 3111.69 of the	392
Revised Code, the office of child support in the department or a	393
child support enforcement agency;	394

(f) Records listed in division (A) of section 3107.42 of the	395
Revised Code or specified in division (A) of section 3107.52 of	396
the Revised Code;	397

(g) Trial preparation records;

398

(h) Confidential law enforcement investigatory records;

399

(i) Records containing information that is confidential under	400
section 2317.023 or 4112.05 of the Revised Code;	401

(j) DNA records stored in the DNA database pursuant to	402
section 109.573 of the Revised Code;	403

(k) Inmate records released by the department of	404
rehabilitation and correction to the department of youth services	405
or a court of record pursuant to division (E) of section 5120.21	406
of the Revised Code;	407

(l) Records maintained by the department of youth services	408
pertaining to children in its custody released by the department	409
of youth services to the department of rehabilitation and	410
correction pursuant to section 5139.05 of the Revised Code;	411

(m) Intellectual property records;

412

(n) Donor profile records;

413

(o) Records maintained by the department of job and family	414
services pursuant to section 3121.894 of the Revised Code;	415

(p) Peace officer, firefighter, or EMT residential and	416
familial information;	417

(q) In the case of a county hospital operated pursuant to	418
Chapter 339. of the Revised Code or a municipal hospital operated	419
pursuant to Chapter 749. of the Revised Code, information that	420
constitutes a trade secret, as defined in section 1333.61 of the	421
Revised Code;	422

(r) Information pertaining to the recreational activities of	423
a person under the age of eighteen;	424

(s) Records provided to, statements made by review board	425
members during meetings of, and all work products of a child	426
fatality review board acting under sections 307.621 to 307.629 of	427
the Revised Code, other than the report prepared pursuant to	428
section 307.626 of the Revised Code;	429

(t) Records provided to and statements made by the executive	430
director of a public children services agency or a prosecuting	431
attorney acting pursuant to section 5153.171 of the Revised Code	432
other than the information released under that section;	433

(u) Test materials, examinations, or evaluation tools used in	434
an examination for licensure as a nursing home administrator that	435
the board of examiners of nursing home administrators administers	436
under section 4751.04 of the Revised Code or contracts under that	437
section with a private or government entity to administer;	438

(v) Records the release of which is prohibited by state or	439
federal law;	440

(w) Proprietary information of or relating to any person that	441
is submitted to or compiled by the Ohio venture capital authority	442
created under section 150.01 of the Revised Code;	443

(x) Information reported and evaluations conducted pursuant	444
to section 3701.072 of the Revised Code.	445

(2) "Confidential law enforcement investigatory record" means	446
any record that pertains to a law enforcement matter of a	447
criminal, quasi-criminal, civil, or administrative nature, but	448
only to the extent that the release of the record would create a	449
high probability of disclosure of any of the following:	450

(a) The identity of a suspect who has not been charged with	451
the offense to which the record pertains, or of an information	452
source or witness to whom confidentiality has been reasonably	453
promised;	454

(b) Information provided by an information source or witness	455
to whom confidentiality has been reasonably promised, which	456
information would reasonably tend to disclose the source's or	457
witness's identity;	458

(c) Specific confidential investigatory techniques or	459
procedures or specific investigatory work product;	460

(d) Information that would endanger the life or physical	461
safety of law enforcement personnel, a crime victim, a witness, or	462
a confidential information source.	463

(3) "Medical record" means any document or combination of	464
documents, except births, deaths, and the fact of admission to or	465
discharge from a hospital, that pertains to the medical history,	466
diagnosis, prognosis, or medical condition of a patient and that	467
is generated and maintained in the process of medical treatment.	468

(4) "Trial preparation record" means any record that contains	469
information that is specifically compiled in reasonable	470
anticipation of, or in defense of, a civil or criminal action or	471
proceeding, including the independent thought processes and	472
personal trial preparation of an attorney.	473

(5) "Intellectual property record" means a record, other than	474
a financial or administrative record, that is produced or	475
collected by or for faculty or staff of a state institution of	476
higher learning in the conduct of or as a result of study or	477
research on an educational, commercial, scientific, artistic,	478
technical, or scholarly issue, regardless of whether the study or	479
research was sponsored by the institution alone or in conjunction	480
with a governmental body or private concern, and that has not been	481
publicly released, published, or patented.	482

(6) "Donor profile record" means all records about donors or	483
potential donors to a public institution of higher education	484
except the names and reported addresses of the actual donors and	485
the date, amount, and conditions of the actual donation.	486

(7) "Peace officer, firefighter, or EMT residential and	487
familial information" means either of the following:	488

(a) Any information maintained in a personnel record of a	489
peace officer, firefighter, or EMT that discloses any of the	490
following:	491

(i) The address of the actual personal residence of a peace	492
officer, firefighter, or EMT, except for the state or political	493
subdivision in which the peace officer, firefighter, or EMT	494
resides;	495

(ii) Information compiled from referral to or participation	496
in an employee assistance program;	497

(iii) The social security number, the residential telephone	498
number, any bank account, debit card, charge card, or credit card	499
number, or the emergency telephone number of, or any medical	500
information pertaining to, a peace officer, firefighter, or EMT;	501

(iv) The name of any beneficiary of employment benefits,	502
including, but not limited to, life insurance benefits, provided	503
to a peace officer, firefighter, or EMT by the peace officer's,	504
firefighter's, or EMT's employer;	505

(v) The identity and amount of any charitable or employment	506
benefit deduction made by the peace officer's, firefighter's, or	507
EMT's employer from the peace officer's, firefighter's, or EMT's	508
compensation unless the amount of the deduction is required by	509
state or federal law;	510

(vi) The name, the residential address, the name of the	511
employer, the address of the employer, the social security number,	512
the residential telephone number, any bank account, debit card,	513
charge card, or credit card number, or the emergency telephone	514
number of the spouse, a former spouse, or any child of a peace	515
officer, firefighter, or EMT.	516

(b) Any record that identifies a person's occupation as a	517
peace officer, firefighter, or EMT other than statements required	518
to include the disclosure of that fact under the campaign finance	519
law.	520

As used in divisions (A)(7) and (B)(5) of this section,	521
"peace officer" has the same meaning as in section 109.71 of the	522
Revised Code and also includes the superintendent and troopers of	523
the state highway patrol; it does not include the sheriff of a	524
county or a supervisory employee who, in the absence of the	525
sheriff, is authorized to stand in for, exercise the authority of,	526
and perform the duties of the sheriff.	527

As used in divisions (A)(7) and (B)(5) of this section,	528
"firefighter" means any regular, paid or volunteer, member of a	529
lawfully constituted fire department of a municipal corporation,	530
township, fire district, or village.	531

As used in divisions (A)(7) and (B)(5) of this section, "EMT"	532
means EMTs-basic, EMTs-I, and paramedics that provide emergency	533
medical services for a public emergency medical service	534
organization. "Emergency medical service organization,"	535
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	536
section 4765.01 of the Revised Code.	537

(8) "Information pertaining to the recreational activities of	538
a person under the age of eighteen" means information that is kept	539
in the ordinary course of business by a public office, that	540
pertains to the recreational activities of a person under the age	541
of eighteen years, and that discloses any of the following:	542

(a) The address or telephone number of a person under the age	543
of eighteen or the address or telephone number of that person's	544
parent, guardian, custodian, or emergency contact person;	545

(b) The social security number, birth date, or photographic	546
image of a person under the age of eighteen;	547

(c) Any medical record, history, or information pertaining to	548
a person under the age of eighteen;	549

(d) Any additional information sought or required about a	550
person under the age of eighteen for the purpose of allowing that	551
person to participate in any recreational activity conducted or	552
sponsored by a public office or to use or obtain admission	553
privileges to any recreational facility owned or operated by a	554
public office.	555

(9) "Community control sanction" has the same meaning as in	556
section 2929.01 of the Revised Code.	557

(10) "Post-release control sanction" has the same meaning as	558
in section 2967.01 of the Revised Code.	559

(B)(1) Subject to division (B)(4) of this section, all public	560
records shall be promptly prepared and made available for	561
inspection to any person at all reasonable times during regular	562
business hours. Subject to division (B)(4) of this section, upon	563
request, a public office or person responsible for public records	564
shall make copies available at cost, within a reasonable period of	565
time. In order to facilitate broader access to public records,	566
public offices shall maintain public records in a manner that they	567
can be made available for inspection in accordance with this	568
division.	569

(2) If any person chooses to obtain a copy of a public record	570
in accordance with division (B)(1) of this section, the public	571
office or person responsible for the public record shall permit	572
that person to choose to have the public record duplicated upon	573
paper, upon the same medium upon which the public office or person	574
responsible for the public record keeps it, or upon any other	575
medium upon which the public office or person responsible for the	576
public record determines that it reasonably can be duplicated as	577
an integral part of the normal operations of the public office or	578
person responsible for the public record. When the person seeking	579
the copy makes a choice under this division, the public office or	580
person responsible for the public record shall provide a copy of	581
it in accordance with the choice made by the person seeking the	582
copy.	583

(3) Upon a request made in accordance with division (B)(1) of	584
this section, a public office or person responsible for public	585
records shall transmit a copy of a public record to any person by	586
United States mail within a reasonable period of time after	587
receiving the request for the copy. The public office or person	588
responsible for the public record may require the person making	589
the request to pay in advance the cost of postage and other	590
supplies used in the mailing.	591

Any public office may adopt a policy and procedures that it	592
will follow in transmitting, within a reasonable period of time	593
after receiving a request, copies of public records by United	594
States mail pursuant to this division. A public office that adopts	595
a policy and procedures under this division shall comply with them	596
in performing its duties under this division.	597

In any policy and procedures adopted under this division, a	598
public office may limit the number of records requested by a	599
person that the office will transmit by United States mail to ten	600
per month, unless the person certifies to the office in writing	601
that the person does not intend to use or forward the requested	602
records, or the information contained in them, for commercial	603
purposes. For purposes of this division, "commercial" shall be	604
narrowly construed and does not include reporting or gathering	605
news, reporting or gathering information to assist citizen	606
oversight or understanding of the operation or activities of	607
government, or nonprofit educational research.	608

(4) A public office or person responsible for public records	609
is not required to permit a person who is incarcerated pursuant to	610
a criminal conviction or a juvenile adjudication to inspect or to	611
obtain a copy of any public record concerning a criminal	612
investigation or prosecution or concerning what would be a	613
criminal investigation or prosecution if the subject of the	614
investigation or prosecution were an adult, unless the request to	615
inspect or to obtain a copy of the record is for the purpose of	616
acquiring information that is subject to release as a public	617
record under this section and the judge who imposed the sentence	618
or made the adjudication with respect to the person, or the	619
judge's successor in office, finds that the information sought in	620
the public record is necessary to support what appears to be a	621
justiciable claim of the person.	622

(5) Upon written request made and signed by a journalist on	623
or after December 16, 1999, a public office, or person responsible	624
for public records, having custody of the records of the agency	625
employing a specified peace officer, firefighter, or EMT shall	626
disclose to the journalist the address of the actual personal	627
residence of the peace officer, firefighter or EMT and, if the	628
peace officer's, firefighter's or EMT's spouse, former spouse, or	629
child is employed by a public office, the name and address of the	630
employer of the peace officer's, firefighter's, or EMT's spouse,	631
former spouse, or child. The request shall include the	632
journalist's name and title and the name and address of the	633
journalist's employer and shall state that disclosure of the	634
information sought would be in the public interest.	635

As used in division (B)(5) of this section, "journalist"	636
means a person engaged in, connected with, or employed by any news	637
medium, including a newspaper, magazine, press association, news	638
agency, or wire service, a radio or television station, or a	639
similar medium, for the purpose of gathering, processing,	640
transmitting, compiling, editing, or disseminating information for	641
the general public.	642

(C) If a person allegedly is aggrieved by the failure of a	643
public office to promptly prepare a public record and to make it	644
available to the person for inspection in accordance with division	645
(B) of this section, or if a person who has requested a copy of a	646
public record allegedly is aggrieved by the failure of a public	647
office or the person responsible for the public record to make a	648
copy available to the person allegedly aggrieved in accordance	649
with division (B) of this section, the person allegedly aggrieved	650
may commence a mandamus action to obtain a judgment that orders	651
the public office or the person responsible for the public record	652
to comply with division (B) of this section and that awards	653
reasonable attorney's fees to the person that instituted the	654
mandamus action. The mandamus action may be commenced in the court	655
of common pleas of the county in which division (B) of this	656
section allegedly was not complied with, in the supreme court	657
pursuant to its original jurisdiction under Section 2 of Article	658
IV, Ohio Constitution, or in the court of appeals for the	659
appellate district in which division (B) of this section allegedly	660
was not complied with pursuant to its original jurisdiction under	661
Section 3 of Article IV, Ohio Constitution.	662

(D) Chapter 1347. of the Revised Code does not limit the	663
provisions of this section.	664

(E)(1) The bureau of motor vehicles may adopt rules pursuant	665
to Chapter 119. of the Revised Code to reasonably limit the number	666
of bulk commercial special extraction requests made by a person	667
for the same records or for updated records during a calendar	668
year. The rules may include provisions for charges to be made for	669
bulk commercial special extraction requests for the actual cost of	670
the bureau, plus special extraction costs, plus ten per cent. The	671
bureau may charge for expenses for redacting information, the	672
release of which is prohibited by law.	673

(2) As used in divisions (B)(3) and (E)(1) of this section:

674

(a) "Actual cost" means the cost of depleted supplies,	675
records storage media costs, actual mailing and alternative	676
delivery costs, or other transmitting costs, and any direct	677
equipment operating and maintenance costs, including actual costs	678
paid to private contractors for copying services.	679

(b) "Bulk commercial special extraction request" means a	680
request for copies of a record for information in a format other	681
than the format already available, or information that cannot be	682
extracted without examination of all items in a records series,	683
class of records, or data base by a person who intends to use or	684
forward the copies for surveys, marketing, solicitation, or resale	685
for commercial purposes. "Bulk commercial special extraction	686
request" does not include a request by a person who gives	687
assurance to the bureau that the person making the request does	688
not intend to use or forward the requested copies for surveys,	689
marketing, solicitation, or resale for commercial purposes.	690

(c) "Commercial" means profit-seeking production, buying, or	691
selling of any good, service, or other product.	692

(d) "Special extraction costs" means the cost of the time	693
spent by the lowest paid employee competent to perform the task,	694
the actual amount paid to outside private contractors employed by	695
the bureau, or the actual cost incurred to create computer	696
programs to make the special extraction. "Special extraction	697
costs" include any charges paid to a public agency for computer or	698
records services.	699

(3) For purposes of divisions (E)(1) and (2) of this section,	700
"commercial surveys, marketing, solicitation, or resale" shall be	701
narrowly construed and does not include reporting or gathering	702
news, reporting or gathering information to assist citizen	703
oversight or understanding of the operation or activities of	704
government, or nonprofit educational research.	705

Sec. 737.03.  The director of public safety shall manage and	706
make all contracts with reference to police stations, fire houses,	707
reform schools, infirmaries, hospitals other than municipal	708
hospitals operated pursuant to Chapter 749. of the Revised Code,	709
workhouses, farms, pesthouses, and all other charitable and	710
reformatory institutions. In the control and supervision of those	711
institutions, the director shall be governed by the provisions of	712
Title VII of the Revised Code relating to those institutions.	713

The director may make all contracts and expenditures of money	714
for acquiring lands for the erection or repairing of station	715
houses, police stations, fire department buildings, fire cisterns,	716
and plugs, that are required, for the purchase of engines,	717
apparatus, and all other supplies necessary for the police and	718
fire departments, and for other undertakings and departments under	719
the director's supervision, but no obligation involving an	720
expenditure of more than twenty-five thousand dollars shall be	721
created unless first authorized and directed by ordinance. In	722
making, altering, or modifying those contracts, the director shall	723
be governed by sections 735.05 to 735.09 of the Revised Code,	724
except that all bids shall be filed with and opened by the	725
director. The director shall make no sale or disposition of any	726
property belonging to the city without first being authorized by	727
resolution or ordinance of the city legislative authority.	728

Sec. 749.02.  The legislative authority of a municipal	729
corporation may agree with a corporation organized for charitable	730
purposes and not for profit, for the erection and management of a	731
hospital suitably located for the treatment of the sick and	732
disabled of such municipal corporation, or for an addition to such	733
hospital, and for a permanent interest therein to such extent and	734
upon such terms as are agreed upon between them, and the	735
legislative authority shall provide for the payment of the amount	736
agreed upon for such interest, either in one payment or in annual	737
installments, as is agreed upon.	738

Such agreement shall not become operative until approved by a	739
vote of the electors of the municipal corporation as provided in	740
section 749.03749.021 of the Revised Code.	741

Sec. 749.03.        Sec. 749.021.  Upon the execution of the agreement	742
provided for in section 749.02 of the Revised Code the legislative	743
authority of the municipal corporation shall submit to the	744
electors thereof, at the next general election occurring not less	745
than seventy-five days after the certification of the resolution	746
to the board of elections, the question of the ratification of	747
such agreement, and if the sum to be paid by the municipal	748
corporation under the terms of such agreement is not available	749
from current general revenues thereof, the legislative authority	750
shall also submit to the electors, at the same election, the	751
question of the issue of bonds of the municipal corporation in the	752
amount specified in such agreement for the purpose of providing	753
funds for the payment of such sum. The proceedings in the matter	754
of such election and in the issuance and sale of such bonds shall	755
be as provided by law for municipal bonds. Such agreement shall	756
not be effective, and no bonds shall be issued, unless the	757
electors approve of both the agreement and the bond issue, if the	758
question of the issue of bonds is so submitted.	759

Sec. 749.03.  (A) As used in this section, "outpatient health	760
facility" means a facility where medical care and preventive,	761
diagnostic, therapeutic, rehabilitative, or palliative items or	762
services are provided to outpatients by or under the direction of	763
a physician or dentist.	764

(B) The legislative authority of a municipal corporation or a	765
board of hospital commissioners established under section 749.04	766
of the Revised Code may purchase, acquire, lease, appropriate, or	767
construct an outpatient health facility in another municipal	768
corporation to serve as a branch of a hospital erected under	769
sections 749.02 to 749.14 of the Revised Code. The outpatient	770
health facility may include office space for physicians. The	771
facility shall be operated pursuant to the law that regulates the	772
operation of the hospital.	773

(C) When a proposal to establish an outpatient health	774
facility in another municipal corporation is made by a board of	775
hospital commissioners, all of the following apply:	776

(1) The board shall give written notice to the legislative	777
authority of its municipal corporation and to the legislative	778
authority of the municipal corporation where the facility is to be	779
located. The legislative authority of the municipal corporation	780
where the facility is to be located, by resolution adopted within	781
forty days after receipt of the notice, may object to the proposed	782
facility. The resolution shall include an explanation of the	783
objection and may make any recommendations the legislative	784
authority considers necessary. The legislative authority shall	785
send a copy of the resolution to the board of hospital	786
commissioners and the legislative authority of the municipal	787
corporation that proposes to locate the facility in the other	788
municipal corporation.	789

(2) Except as provided in division (B)(3) of this section,	790
the board of hospital commissioners may establish and operate the	791
facility, unless the legislative authority of the municipal	792
corporation proposing to locate the facility in the other	793
municipal corporation, not later than twenty days after receiving	794
a resolution of objection from the other legislative authority	795
pursuant to division (B)(1) of this section, adopts a resolution	796
denying the board the right to establish the facility.	797

(3) If the legislative authority of a municipal corporation	798
provides a subsidy for uncompensated care to a board of hospital	799
commissioners, the board may establish and operate the outpatient	800
health facility only if that legislative authority approves the	801
establishment of the facility.	802

Sec. 749.08. (A) No money shall be paid for the erection,	803
rebuilding, or repair of a hospital for any addition to the	804
hospital; for the uses and purposes of the hospital; for supplies	805
or the replacement of necessary equipment; for the acquisition,	806
leasing, or construction of permanent improvements to hospital	807
property; or for making a donation authorized by division (C) of	808
this section, unless the expenditure is first authorized by the	809
board of hospital commissioners. Each disbursement of funds shall	810
be made on a voucher signed by signatories designated and approved	811
by the board.	812

No member of the board shall be interested, directly or	813
indirectly, in any contract concerning such hospital.	814

(B) The board of hospital commissioners shall have the entire	815
management and control of a hospital erected under sections 749.02	816
to 749.14 of the Revised Code, when completed and ready for use,	817
and shall assume and continue the operation of the hospital.	818
Subject to the ordinances of the legislative authority of the	819
municipal corporation, the board shall establish rules for the	820
hospital's government, and the admission of persons to its	821
privileges, as are expedient.	822

The board has control of the property of the hospital. The	823
board's control of property includes the management and disposal	824
of surplus property.	825

The board has control of all funds used in the hospital's	826
operation, including moneys received from the operation of the	827
hospital, moneys appropriated for its operation by the legislative	828
authority of the municipal corporation, and moneys resulting from	829
special levies submitted by the legislative authority for	830
operation of the hospital. Of those funds, all or part of any	831
amount determined not to be necessary to meet current demands on	832
the hospital may be invested by the board or its designee in any	833
classifications of securities and obligations eligible for deposit	834
or investment of moneys pursuant to section 135.14 of the Revised	835
Code, subject to the approval of the board's written investment	836
policy by the legislative authority of the municipal corporation.	837

(C) For the public purpose of improving the health, safety,	838
and general welfare of the community, the board of hospital	839
commissioners may donate to a nonprofit entity any of the	840
following:	841

(1) Moneys and other financial assets determined not to be	842
necessary to meet current demands on the hospital;	843

(2) Surplus hospital property, including supplies, equipment,	844
office facilities, and other property;	845

(3) Services rendered by the hospital.

846

Sec. 749.08.        Sec. 749.081.  (A) For purposes of this section:

847

(1) "Bank" has the same meaning as in section 1101.01 of the	848
Revised Code.	849

(2) "Savings and loan association" has the same meaning as in	850
section 1151.01 of the Revised Code.	851

(3) "Savings bank" has the same meaning as in section 1161.01	852
of the Revised Code.	853

(B) No money shall be paid for the erection, rebuilding, or	854
repair of a hospital, or for any addition thereto, or for supplies	855
therefor, unless such expenditure is first authorized by the board	856
of hospital commissioners, and upon the warrant of the proper	857
officer of the municipal corporation. No member of the board shall	858
be interested, directly or indirectly, in any contract concerning	859
such hospital.	860

(C) The board of hospital commissioners may enter into a	861
contract for a secured line of credit with a bank, savings and	862
loan association, or savings bank if the contract meets all of the	863
following requirements:	864

(1) The term of the contract does not exceed one hundred	865
eighty days;	866

(2) The board's secured line of credit does not exceed five	867
hundred thousand dollars;	868

(3) The contract provides that any amount extended must be	869
repaid in full before any additional credit can be extended;	870

(4) The contract provides that the bank, savings and loan	871
association, or savings bank shall not commence a civil action	872
against the legislative authority of a municipal corporation or	873
any member thereof, or the municipal corporation to recover the	874
principal, interest, or any charges or other amounts that remain	875
outstanding on the secured line of credit at the time of any	876
default by the board of hospital commissioners;	877

(5) The contract provides that no assets other than those of	878
the hospital can be used to secure the line of credit;	879

(6) The terms and conditions of the contract comply with all	880
state and federal statutes and rules governing the extension of a	881
secured line of credit.	882

(D)(C) Any obligation incurred by a board of hospital	883
commissioners under division (C)(B) of this section is an	884
obligation of that board only and not a general obligation of the	885
legislative authority of a municipal corporation or the municipal	886
corporation within the meaning of division (Q) of section 133.01	887
of the Revised Code.	888

(E)(D) No board of hospital commissioners shall at any time	889
have more than one secured line of credit under division (B) of	890
this section.	891

Sec. 749.15.        Sec. 749.082.  (A) The director of public safety shall	892
have the entire management and controlfollowing apply to the	893
board of hospital commissioners in relation to its employees and	894
the employees of a hospital erected under sections 749.02 to	895
749.14 of the Revised Code, when completed and ready for use, and,	896
subject to the ordinances of the legislative authority of the	897
city, shall establish rules for its government, and the admission	898
of persons to its privileges, as he deems expedient. The director	899
may employ a superintendent, steward, physicians, nurses, and such	900
other employees as are necessary, and fix the compensation of all	901
such persons, which compensation shall be subject to the approval	902
of the legislative authority. The director with the approval of	903
the mayor may also employ counsel to bring legal action for the	904
collection of delinquent accounts.	905

(B) The director of public safetymunicipal corporation:

906

(1) The board may adopt the wage and salary schedule for	907
employees.	908

(2) The board may employ the hospital's administrator	909
pursuant to section 749.083 of the Revised Code, and the	910
administrator may employ individuals for the hospital in	911
accordance with that section.	912

(3) The board may employ assistants as necessary to perform	913
its clerical work, superintend properly the construction of the	914
hospital, and pay the hospital's expenses. The employees may be	915
paid from funds provided for the hospital.	916

(4) The board may enter into a contract with an employer or	917
other entity whereby the services of any employee of the board or	918
hospital are rendered to or on behalf of the employer or other	919
entity for a fee paid to the board or hospital.	920

(5) The board may grant to employees of a hospital erected	921
under sections 749.02 to 749.14 of the Revised Code any of the	922
following as hefringe benefits the board determines to be	923
customary and usual in the nonprofit hospital field in the	924
community, including the following:	925

(1)(a) Additional vacation leave with full pay for full-time	926
employees, including hourly rate employees, after service of one	927
year;	928

(2)(b) Vacation leave and holiday pay for part-time employees	929
on a pro rata basis;	930

(3)(c) Leave with full pay, which shall not be deducted from	931
the employee's accumulated sick leave, due to death in the	932
employee's immediate family;	933

(4)(d) Moving expenses for new employees;

934

(5)(e) Premium pay for working on holidays observed by other	935
municipal agencies;	936

(6)(f) Discounts on purchases from the hospital pharmacy.

937

The director(6) The board may provide holiday leave by	938
observing Martin Luther King day, Washington-Lincoln day, Columbus	939
day, and Veterans' day on days other than those specified in	940
section 1.14 of the Revised Code.	941

(7) The board may grant to employees the insurance benefits	942
authorized by division (B) of this section.	943

(8) The board may provide employee recognition awards and may	944
hold employee recognition dinners. The director	945

(9) The board may provide scholarships for education in the	946
health care professions, tuition reimbursement, and other staff	947
development programs for the purpose of recruiting or retaining	948
qualified employees. The	949

(10) The board may pay reasonable expenses for recruiting	950
physicians into the city or for retaining them if all or part of	951
the city has been designated as an area with a shortage of	952
personal health services under the "Health Maintenance	953
Organization Act of 1973," 87 Stat. 914, 42 U.S.C. 300e, as	954
amended.	955

(B)(1) The board of hospital commissioners may contract for,	956
purchase, or otherwise procure on behalf of any or all of its	957
employees, the employees of the hospital, or such employees and	958
their immediate dependents the following types of fringe benefits:	959

(a) Group or individual insurance contracts which may include	960
life, sickness, accident, disability, annuities, endowment,	961
health, medical expense, hospital, dental, surgical and related	962
coverage or any combination thereof;	963

(b) Group or individual contracts with health insuring	964
corporations or other providers of professional services, care, or	965
benefits duly authorized to do business in this state.	966

(2) The board of hospital commissioners may contract for,	967
purchase, or otherwise procure insurance contracts which provide	968
protection for the commissioners, the board's employees, and the	969
employees of the hospital against liability, including	970
professional liability, provided that this section or any	971
insurance contract issued pursuant to this section shall not be	972
construed as a waiver of or in any manner affect the immunity of	973
the hospital or municipal corporation.	974

(3) All or any portion of the cost, premium, fees, or charges	975
for the insurance benefits specified in divisions (B)(1) and (2)	976
of this section may be paid in such manner or combination of	977
manners as the board may determine, including direct payment by an	978
employee, and, if authorized in writing by an employee, by the	979
board of trustees with moneys made available by deduction from or	980
reduction in salary or wages or by the foregoing of a salary or	981
wage increase.	982

Notwithstanding sections 3917.01 and 3917.06 of the Revised	983
Code, the board may purchase group life insurance authorized by	984
this section by reason of payment of premiums therefor by the	985
board from its funds, and such group life insurance may be issued	986
and purchased if otherwise consistent with sections 3917.01 to	987
3917.06 of the Revised Code.	988

(C) The board with the approval of the legislative authority	989
may retain counsel to bring actions for the collection of	990
delinquent accounts.	991

Sec. 749.083.  (A) The board of hospital commissioners shall	992
provide for the administration of the hospital by directly	993
employing a hospital administrator or by entering into a contract	994
for the management of the hospital under which an administrator is	995
provided. When an administrator is employed directly, the board	996
shall adopt a job description delineating the administrator's	997
powers and duties and the board may pay the administrator's salary	998
and other benefits from funds provided for the hospital.	999

(B) During the construction and equipping of the hospital,	1000
the administrator shall act in an advisory capacity to the board.	1001
After the hospital is completed, the administrator shall serve as	1002
the chief executive officer and shall carry out the administration	1003
of the hospital according to the policies set forth by the board.	1004

The administrator shall administer the hospital, make	1005
reports, and take any other action that the administrator	1006
determines is necessary for the operation of the hospital.	1007

At the end of each fiscal year, the administrator shall	1008
submit to the board a complete financial statement showing the	1009
receipts, revenues, and expenditures in detail for the entire	1010
fiscal year.	1011

The administrator shall ensure that the hospital has such	1012
physicians, nurses, and other employees as are necessary for the	1013
proper care, control, and management of the hospital and its	1014
patients. The physicians, nurses, and other employees may be	1015
suspended or removed by the administrator at any time the welfare	1016
of the hospital warrants suspension or removal. The administrator	1017
may obtain physicians, nurses, and other employees by direct	1018
employment, entering into contracts, or granting authority to	1019
practice in the hospital.	1020

Sec. 749.18.  Where an agreement under section 749.16 of the	1021
Revised Code concerns or includes participation of a joint	1022
township hospital district, or of a county, in the maintenance and	1023
operation of a municipal hospital, the municipal corporation may	1024
establish a board of governors to exercise, subject to such	1025
further limitations as are imposed by the agreement, the powers	1026
vested under section 749.15 of the Revised Code in the director of	1027
public safetyboard of hospital commissioners, provided that any	1028
such limitations shall not deny the board of governors the	1029
authority to employretain counsel, to institute legal action in	1030
its own name, or to employ any other lawful means, for the	1031
collection of delinquent accounts. The board may include in its	1032
membership such representatives of the participating district, or	1033
of the county, as are provided for in such agreement. The	1034
municipal members of the board shall consist of the mayor, who by	1035
virtue of histhat office shall be its president, and four	1036
resident freeholders of the municipal corporation, at least one of	1037
whom shall be a doctor of medicine, to be appointed by the mayor	1038
with the consent of the legislative authority. The term of office	1039
of such municipal members shall be as provided in section 749.05	1040
of the Revised Code. The board shall, subject to the terms of the	1041
agreement, establish such regulations and elect such officers,	1042
other than president, as its members determine. The members shall	1043
be entitled to such compensation for their services as is provided	1044
by the agreement.	1045

Sec. 749.24.  The board of hospital trustees shall, subject	1046
to any ordinance of the municipal corporation, have the entire	1047
management and control of the property or funds mentioned in	1048
section 749.20 of the Revised Code, and shall establish such rules	1049
for the government thereof as it deems expedient. Such board shall	1050
also have the entire control of the expenditure of all moneys	1051
therefrom and they shall be disbursed by the treasurer of the	1052
municipal corporation only upon the warrant of the municipal	1053
auditor or clerk, drawn in accordance with the order of such	1054
board.	1055

The board may apply, control, invest, and reinvest the funds	1056
coming or arising from any gift, devise, or requestbequest	1057
according to the terms on which it was acquired.	1058

Sec. 749.33.  The board of hospital trustees may employ such	1059
superintendents, physicians, nurses, and other employees as are	1060
necessary for the execution of its duties and fix their	1061
compensation. Any of such persons may be removed by the board at	1062
any time. The board may provide to its employees such of the	1063
benefits, awards, and staff development programs listed in section	1064
749.15749.082 of the Revised Code as the board determines to be	1065
customary and usual in the nonprofit hospital field in its	1066
community.	1067

Sec. 749.37. Notwithstanding any conflicting provision of	1068
sections 749.09 to 749.14 and 749.26 to 749.31 of the Revised	1069
Code, Chapter 153. of the Revised Code, or any other competitive	1070
bidding requirement specified in the Revised Code that requires a	1071
public authority to enter into separate contracts for the design	1072
and construction of a public improvement, a board of hospital	1073
commissioners or a board of hospital trustees may enter into a	1074
single contract under which the entity awarded the contract is	1075
responsible for providing both design and construction services	1076
related to the erection of a hospital, any addition to the	1077
hospital, or any other improvement to the hospital or its	1078
properties involving alteration, repair, replacement, renovation,	1079
installation, or demolition. This section does not otherwise alter	1080
the competitive bidding requirements that apply to the board when	1081
entering into a contract for a public improvement.	1082

Sec. 751.07.  In the management of a city infirmary, in the	1083
care and treatment of the inmates thereof, and in the erection,	1084
enlargement, or repair of any building for infirmary purposes, or	1085
of any addition thereto, the director of public safety shall have	1086
the same powers, be governed by the same regulations, and perform	1087
the same duties, as far as applicable, as are vested in hima	1088
board of hospital commissioners established under section 749.04	1089
of the Revised Code in relation to municipal hospitals. The power	1090
of the legislative authority in relation thereto shall be the	1091
same, so far as applicable, as provided to the legislative	1092
authority by sections 749.01 to 749.34, inclusive, of the Revised	1093
Code, in relation to hospitals.	1094

Sec. 3702.62.  (A) Any action pursuant to section 140.03,	1095
140.04, 140.05, 307.091, 313.21, 339.01, 339.021, 339.03, 339.06,	1096
339.08, 339.09, 339.12, 339.14, 513.05, 513.07, 513.08, 513.081,	1097
513.12, 513.15, 513.17, 513.171, 749.02, 749.03, 749.14, 749.16,	1098
749.20, 749.25, 749.28, 749.35, 1751.06, or 3707.29 of the Revised	1099
Code shall be taken in accordance with sections 3702.51 to 3702.61	1100
of the Revised Code.	1101

(B) A nursing home certified as an intermediate care facility	1102
for the mentally retarded under Title XIX of the "Social Security	1103
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, that is	1104
required to apply for licensure as a residential facility under	1105
section 5123.19 of the Revised Code is not, with respect to the	1106
portion of the home certified as an intermediate care facility for	1107
the mentally retarded, subject to sections 3702.51 to 3702.61 of	1108
the Revised Code.	1109

Sec. 4115.04.  (A) Every public authority authorized to	1110
contract for or construct with its own forces a public	1111
improvement, before advertising for bids or undertaking such	1112
construction with its own forces, shall have the director of	1113
commerce determine the prevailing rates of wages of mechanics and	1114
laborers in accordance with section 4115.05 of the Revised Code	1115
for the class of work called for by the public improvement, in the	1116
locality where the work is to be performed. Such schedule of wages	1117
shall be attached to and made part of the specifications for the	1118
work, and shall be printed on the bidding blanks where the work is	1119
done by contract. A copy of the bidding blank shall be filed with	1120
the director before such contract is awarded. A minimum rate of	1121
wages for common laborers, on work coming under the jurisdiction	1122
of the department of transportation, shall be fixed in each county	1123
of the state by said department of transportation, in accordance	1124
with section 4115.05 of the Revised Code.	1125

(B) Sections 4115.03 to 4115.16 of the Revised Code do not	1126
apply to:	1127

(1) Public improvements in any case where the federal	1128
government or any of its agencies furnishes by loan or grant all	1129
or any part of the funds used in constructing such improvements,	1130
provided the federal government or any of its agencies prescribes	1131
predetermined minimum wages to be paid to mechanics and laborers	1132
employed in the construction of such improvements;	1133

(2) A participant in a work activity, developmental activity,	1134
or an alternative work activity under sections 5107.40 to 5107.69	1135
of the Revised Code when a public authority directly uses the	1136
labor of the participant to construct a public improvement if the	1137
participant is not engaged in paid employment or subsidized	1138
employment pursuant to the activity;	1139

(3) Public improvements undertaken by, or under contract for,	1140
the board of education of any school district or the governing	1141
board of any educational service center;	1142

(4) Public improvements undertaken by, or under contract for,	1143
a county hospital operated pursuant to Chapter 339. of the Revised	1144
Code or a municipal hospital operated pursuant to Chapter 749. of	1145
the Revised Code if none of the funds used in constructing the	1146
improvements are the proceeds of bonds or other obligations which	1147
are secured by the full faith and credit of the state, thea	1148
county, a township, or a municipal corporation and none of the	1149
funds used in constructing the improvements, including funds used	1150
to repay any amounts borrowed to construct the improvements, are	1151
funds that have been appropriated for that purpose by the state, a	1152
board of county commissioners, the state, a township, or a	1153
municipal corporation from funds generated by the levy of a tax;	1154
provided, however, that a county hospital or municipal hospital	1155
may elect to apply sections 4115.03 to 4115.16 of the Revised Code	1156
to a public improvement undertaken by, or under contract for, the	1157
county hospital.	1158

Section 2. That existing sections 121.22, 133.05, 149.43,	1159
737.03, 749.02, 749.03, 749.08, 749.15, 749.18, 749.24, 749.33,	1160
751.07, 3702.62, and 4115.04 of the Revised Code are hereby	1161
repealed.	1162