As Passed by the Senate

125th General Assembly Regular Session 2003-2004

Sub. S. B. No. 222

Senators Carey, Amstutz, Schuring 

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A BILL

To amend sections 121.22, 133.05, 149.43, 721.15,

1

721.27, 737.03, 749.02, 749.08, 749.10, 749.15,

2

749.18, 749.24, 749.33, 751.07, 2744.01, 3702.62,

3

and 4115.04; to amend, for the purpose of adopting

4

new section numbers as indicated in parentheses,

5

sections 749.03 (749.021), 749.08 (749.081), and

6

749.15 (749.082); to enact new sections 749.03 and

7

749.08 and sections 749.083, 749.084, and 749.37

8

of the Revised Code to modify the laws governing

9

municipal hospitals.

10

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

Section 1. That sections 121.22, 133.05, 149.43, 721.15,	11
721.27, 737.03, 749.02, 749.08, 749.10, 749.15, 749.18, 749.24,	12
749.33, 751.07, 2744.01, 3702.62, and 4115.04 be amended; sections	13
749.03 (749.021), 749.08 (749.081), and 749.15 (749.082) be	14
amended for the purpose of adopting new section numbers as	15
indicated in parentheses; and new sections 749.03 and 749.08 and	16
sections 749.083, 749.084, and 749.37 of the Revised Code be	17
enacted to read as follows:	18

Sec. 121.22.  (A) This section shall be liberally construed	19
to require public officials to take official action and to conduct	20
all deliberations upon official business only in open meetings	21
unless the subject matter is specifically excepted by law.	22

(B) As used in this section:

23

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

24

(a) Any board, commission, committee, council, or similar	25
decision-making body of a state agency, institution, or authority,	26
and any legislative authority or board, commission, committee,	27
council, agency, authority, or similar decision-making body of any	28
county, township, municipal corporation, school district, or other	29
political subdivision or local public institution;	30

(b) Any committee or subcommittee of a body described in	31
division (B)(1)(a) of this section;	32

(c) A court of jurisdiction of a sanitary district organized	33
wholly for the purpose of providing a water supply for domestic,	34
municipal, and public use when meeting for the purpose of the	35
appointment, removal, or reappointment of a member of the board of	36
directors of such a district pursuant to section 6115.10 of the	37
Revised Code, if applicable, or for any other matter related to	38
such a district other than litigation involving the district. As	39
used in division (B)(1)(c) of this section, "court of	40
jurisdiction" has the same meaning as "court" in section 6115.01	41
of the Revised Code.	42

(2) "Meeting" means any prearranged discussion of the public	43
business of the public body by a majority of its members.	44

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

45

(a) A student in a state or local public educational	46
institution;	47

(b) A person who is, voluntarily or involuntarily, an inmate,	48
patient, or resident of a state or local institution because of	49
criminal behavior, mental illness or retardation, disease,	50
disability, age, or other condition requiring custodial care.	51

(4) "Public office" has the same meaning as in section	52
149.011 of the Revised Code.	53

(C) All meetings of any public body are declared to be public	54
meetings open to the public at all times. A member of a public	55
body shall be present in person at a meeting open to the public to	56
be considered present or to vote at the meeting and for purposes	57
of determining whether a quorum is present at the meeting.	58

The minutes of a regular or special meeting of any public	59
body shall be promptly prepared, filed, and maintained and shall	60
be open to public inspection. The minutes need only reflect the	61
general subject matter of discussions in executive sessions	62
authorized under division (G) or (J) of this section.	63

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

64

(1) A grand jury;

65

(2) An audit conference conducted by the auditor of state or	66
independent certified public accountants with officials of the	67
public office that is the subject of the audit;	68

(3) The adult parole authority when its hearings are	69
conducted at a correctional institution for the sole purpose of	70
interviewing inmates to determine parole or pardon;	71

(4) The organized crime investigations commission established	72
under section 177.01 of the Revised Code;	73

(5) Meetings of a child fatality review board established	74
under section 307.621 of the Revised Code and meetings conducted	75
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	76

(6) The state medical board when determining whether to	77
suspend a certificate without a prior hearing pursuant to division	78
(G) of either section 4730.25 or 4731.22 of the Revised Code;	79

(7) The board of nursing when determining whether to suspend	80
a license or certificate without a prior hearing pursuant to	81
division (B) of section 4723.281 of the Revised Code;	82

(8) The state board of pharmacy when determining whether to	83
suspend a license without a prior hearing pursuant to division (D)	84
of section 4729.16 of the Revised Code;	85

(9) The state chiropractic board when determining whether to	86
suspend a license without a hearing pursuant to section 4734.37 of	87
the Revised Code.	88

(10) The executive committee of the emergency response	89
commission when determining whether to issue an enforcement order	90
or request that a civil action, civil penalty action, or criminal	91
action be brought to enforce Chapter 3750. of the Revised Code.	92

(E) The controlling board, the development financing advisory	93
council, the industrial technology and enterprise advisory	94
council, the tax credit authority, or the minority development	95
financing advisory board, when meeting to consider granting	96
assistance pursuant to Chapter 122. or 166. of the Revised Code,	97
in order to protect the interest of the applicant or the possible	98
investment of public funds, by unanimous vote of all board,	99
council, or authority members present, may close the meeting	100
during consideration of the following information confidentially	101
received by the authority, council, or board from the applicant:	102

(1) Marketing plans;

103

(2) Specific business strategy;

104

(3) Production techniques and trade secrets;

105

(4) Financial projections;

106

(5) Personal financial statements of the applicant or members	107
of the applicant's immediate family, including, but not limited	108
to, tax records or other similar information not open to public	109
inspection.	110

The vote by the authority, council, or board to accept or	111
reject the application, as well as all proceedings of the	112
authority, council, or board not subject to this division, shall	113
be open to the public and governed by this section.	114

(F) Every public body, by rule, shall establish a reasonable	115
method whereby any person may determine the time and place of all	116
regularly scheduled meetings and the time, place, and purpose of	117
all special meetings. A public body shall not hold a special	118
meeting unless it gives at least twenty-four hours' advance notice	119
to the news media that have requested notification, except in the	120
event of an emergency requiring immediate official action. In the	121
event of an emergency, the member or members calling the meeting	122
shall notify the news media that have requested notification	123
immediately of the time, place, and purpose of the meeting.	124

The rule shall provide that any person, upon request and	125
payment of a reasonable fee, may obtain reasonable advance	126
notification of all meetings at which any specific type of public	127
business is to be discussed. Provisions for advance notification	128
may include, but are not limited to, mailing the agenda of	129
meetings to all subscribers on a mailing list or mailing notices	130
in self-addressed, stamped envelopes provided by the person.	131

(G) Except as provided in division (J) of this section, the	132
members of a public body may hold an executive session only after	133
a majority of a quorum of the public body determines, by a roll	134
call vote, to hold an executive session and only at a regular or	135
special meeting for the sole purpose of the consideration of any	136
of the following matters:	137

(1) To consider the appointment, employment, dismissal,	138
discipline, promotion, demotion, or compensation of a public	139
employee or official, or the investigation of charges or	140
complaints against a public employee, official, licensee, or	141
regulated individual, unless the public employee, official,	142
licensee, or regulated individual requests a public hearing.	143
Except as otherwise provided by law, no public body shall hold an	144
executive session for the discipline of an elected official for	145
conduct related to the performance of the elected official's	146
official duties or for the elected official's removal from office.	147
If a public body holds an executive session pursuant to division	148
(G)(1) of this section, the motion and vote to hold that executive	149
session shall state which one or more of the approved purposes	150
listed in division (G)(1) of this section are the purposes for	151
which the executive session is to be held, but need not include	152
the name of any person to be considered at the meeting.	153

(2) To consider the purchase of property for public purposes,	154
or for the sale of property at competitive bidding, if premature	155
disclosure of information would give an unfair competitive or	156
bargaining advantage to a person whose personal, private interest	157
is adverse to the general public interest. No member of a public	158
body shall use division (G)(2) of this section as a subterfuge for	159
providing covert information to prospective buyers or sellers. A	160
purchase or sale of public property is void if the seller or buyer	161
of the public property has received covert information from a	162
member of a public body that has not been disclosed to the general	163
public in sufficient time for other prospective buyers and sellers	164
to prepare and submit offers.	165

If the minutes of the public body show that all meetings and	166
deliberations of the public body have been conducted in compliance	167
with this section, any instrument executed by the public body	168
purporting to convey, lease, or otherwise dispose of any right,	169
title, or interest in any public property shall be conclusively	170
presumed to have been executed in compliance with this section	171
insofar as title or other interest of any bona fide purchasers,	172
lessees, or transferees of the property is concerned.	173

(3) Conferences with an attorney for the public body	174
concerning disputes involving the public body that are the subject	175
of pending or imminent court action;	176

(4) Preparing for, conducting, or reviewing negotiations or	177
bargaining sessions with public employees concerning their	178
compensation or other terms and conditions of their employment;	179

(5) Matters required to be kept confidential by federal law	180
or regulations or state statutes;	181

(6) Details relative to the security arrangements and	182
emergency response protocols for a public body or a public office,	183
if disclosure of the matters discussed could reasonably be	184
expected to jeopardize the security of the public body or public	185
office;	186

(7) In the case of a county hospital operated pursuant to	187
Chapter 339. of the Revised Code or a municipal hospital operated	188
pursuant to Chapter 749. of the Revised Code, to consider trade	189
secrets, as defined in section 1333.61 of the Revised Code.	190

If a public body holds an executive session to consider any	191
of the matters listed in divisions (G)(2) to (7) of this section,	192
the motion and vote to hold that executive session shall state	193
which one or more of the approved matters listed in those	194
divisions are to be considered at the executive session.	195

A public body specified in division (B)(1)(c) of this section	196
shall not hold an executive session when meeting for the purposes	197
specified in that division.	198

(H) A resolution, rule, or formal action of any kind is	199
invalid unless adopted in an open meeting of the public body. A	200
resolution, rule, or formal action adopted in an open meeting that	201
results from deliberations in a meeting not open to the public is	202
invalid unless the deliberations were for a purpose specifically	203
authorized in division (G) or (J) of this section and conducted at	204
an executive session held in compliance with this section. A	205
resolution, rule, or formal action adopted in an open meeting is	206
invalid if the public body that adopted the resolution, rule, or	207
formal action violated division (F) of this section.	208

(I)(1) Any person may bring an action to enforce this	209
section. An action under division (I)(1) of this section shall be	210
brought within two years after the date of the alleged violation	211
or threatened violation. Upon proof of a violation or threatened	212
violation of this section in an action brought by any person, the	213
court of common pleas shall issue an injunction to compel the	214
members of the public body to comply with its provisions.	215

(2)(a) If the court of common pleas issues an injunction	216
pursuant to division (I)(1) of this section, the court shall order	217
the public body that it enjoins to pay a civil forfeiture of five	218
hundred dollars to the party that sought the injunction and shall	219
award to that party all court costs and, subject to reduction as	220
described in division (I)(2) of this section, reasonable	221
attorney's fees. The court, in its discretion, may reduce an award	222
of attorney's fees to the party that sought the injunction or not	223
award attorney's fees to that party if the court determines both	224
of the following:	225

(i) That, based on the ordinary application of statutory law	226
and case law as it existed at the time of violation or threatened	227
violation that was the basis of the injunction, a well-informed	228
public body reasonably would believe that the public body was not	229
violating or threatening to violate this section;	230

(ii) That a well-informed public body reasonably would	231
believe that the conduct or threatened conduct that was the basis	232
of the injunction would serve the public policy that underlies the	233
authority that is asserted as permitting that conduct or	234
threatened conduct.	235

(b) If the court of common pleas does not issue an injunction	236
pursuant to division (I)(1) of this section and the court	237
determines at that time that the bringing of the action was	238
frivolous conduct, as defined in division (A) of section 2323.51	239
of the Revised Code, the court shall award to the public body all	240
court costs and reasonable attorney's fees, as determined by the	241
court.	242

(3) Irreparable harm and prejudice to the party that sought	243
the injunction shall be conclusively and irrebuttably presumed	244
upon proof of a violation or threatened violation of this section.	245

(4) A member of a public body who knowingly violates an	246
injunction issued pursuant to division (I)(1) of this section may	247
be removed from office by an action brought in the court of common	248
pleas for that purpose by the prosecuting attorney or the attorney	249
general.	250

(J)(1) Pursuant to division (C) of section 5901.09 of the	251
Revised Code, a veterans service commission shall hold an	252
executive session for one or more of the following purposes unless	253
an applicant requests a public hearing:	254

(a) Interviewing an applicant for financial assistance under	255
sections 5901.01 to 5901.15 of the Revised Code;	256

(b) Discussing applications, statements, and other documents	257
described in division (B) of section 5901.09 of the Revised Code;	258

(c) Reviewing matters relating to an applicant's request for	259
financial assistance under sections 5901.01 to 5901.15 of the	260
Revised Code.	261

(2) A veterans service commission shall not exclude an	262
applicant for, recipient of, or former recipient of financial	263
assistance under sections 5901.01 to 5901.15 of the Revised Code,	264
and shall not exclude representatives selected by the applicant,	265
recipient, or former recipient, from a meeting that the commission	266
conducts as an executive session that pertains to the applicant's,	267
recipient's, or former recipient's application for financial	268
assistance.	269

(3) A veterans service commission shall vote on the grant or	270
denial of financial assistance under sections 5901.01 to 5901.15	271
of the Revised Code only in an open meeting of the commission. The	272
minutes of the meeting shall indicate the name, address, and	273
occupation of the applicant, whether the assistance was granted or	274
denied, the amount of the assistance if assistance is granted, and	275
the votes for and against the granting of assistance.	276

Sec. 133.05.  (A) A municipal corporation shall not incur net	277
indebtedness that exceeds an amount equal to ten and one-half per	278
cent of its tax valuation, or incur without a vote of the electors	279
net indebtedness that exceeds an amount equal to five and one-half	280
per cent of that tax valuation.	281

(B) In calculating the net indebtedness of a municipal	282
corporation, none of the following securities shall be considered:	283

(1) Self-supporting securities issued for any purposes	284
including, without limitation, any of the following general	285
purposes:	286

(a) Water systems or facilities;

287

(b) Sanitary sewerage systems or facilities, or surface and	288
storm water drainage and sewerage systems or facilities, or a	289
combination of those systems or facilities;	290

(c) Electric plants and facilities and steam or cogeneration	291
facilities that generate or supply electricity, or steam and	292
electrical or steam distribution systems and lines;	293

(d) Airports or landing fields or facilities;

294

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

295

(f) Off-street parking lots, facilities, or buildings, or	296
on-street parking facilities, or any combination of off-street and	297
on-street parking facilities;	298

(g) Facilities for the care or treatment of the sick or	299
infirm, and for housing the persons providing such care or	300
treatment and their families;	301

(h) Solid waste or hazardous waste collection or disposal	302
facilities, or resource recovery and solid or hazardous waste	303
recycling facilities, or any combination of those facilities;	304

(i) Urban redevelopment projects;

305

(j) Recreational, sports, convention, auditorium, museum,	306
trade show, and other public attraction facilities;	307

(k) Facilities for natural resources exploration,	308
development, recovery, use, and sale;	309

(l) Correctional and detention facilities, including	310
multicounty-municipal jails, and related rehabilitation	311
facilities.	312

(2) Securities issued for the purpose of purchasing,	313
constructing, improving, or extending water or sanitary or surface	314
and storm water sewerage systems or facilities, or a combination	315
of those systems or facilities, to the extent that an agreement	316
entered into with another subdivision requires the other	317
subdivision to pay to the municipal corporation amounts equivalent	318
to debt charges on the securities;	319

(3) Securities issued under order of the director of health	320
or director of environmental protection under section 6109.18 of	321
the Revised Code;	322

(4) Securities issued under Section 3, 10, or 12 of Article	323
XVIII, Ohio Constitution;	324

(5) Securities that are not general obligations of the	325
municipal corporation;	326

(6) Voted securities issued for the purposes of urban	327
redevelopment to the extent that their principal amount does not	328
exceed an amount equal to two per cent of the tax valuation of the	329
municipal corporation;	330

(7) Unvoted general obligation securities to the extent that	331
the legislation authorizing them includes covenants to appropriate	332
annually from lawfully available municipal income taxes or other	333
municipal excises or taxes, including taxes referred to in section	334
701.06 of the Revised Code but not including ad valorem property	335
taxes, and to continue to levy and collect those municipal income	336
taxes or other applicable excises or taxes in, amounts necessary	337
to meet the debt charges on those securities, which covenants are	338
hereby authorized;	339

(8) Self-supporting securities issued prior to July 1, 1977,	340
under this chapter for the purpose of municipal university	341
residence halls to the extent that revenues of the successor state	342
university allocated to debt charges on those securities, from	343
sources other than municipal excises and taxes, are sufficient to	344
pay those debt charges;	345

(9) Securities issued for the purpose of acquiring or	346
constructing roads, highways, bridges, or viaducts, for the	347
purpose of acquiring or making other highway permanent	348
improvements, or for the purpose of procuring and maintaining	349
computer systems for the office of the clerk of the municipal	350
court to the extent that the legislation authorizing the issuance	351
of the securities includes a covenant to appropriate from money	352
distributed to the municipal corporation pursuant to Chapter	353
4501., 4503., 4504., or 5735. of the Revised Code a sufficient	354
amount to cover debt charges on and financing costs relating to	355
the securities as they become due;	356

(10) Securities issued for the purpose of providing some or	357
all of the funds required to satisfy the municipal corporation's	358
obligation under an agreement with the board of trustees of the	359
Ohio police and fire pension fund under section 742.30 of the	360
Revised Code;	361

(11) Securities issued for the acquisition, construction,	362
equipping, and improving of a municipal educational and cultural	363
facility under division (B)(2) of section 307.672 of the Revised	364
Code;	365

(12) Securities issued for energy conservation measures under	366
section 717.02 of the Revised Code;	367

(13) Securities that are obligations issued to pay costs of a	368
sports facility under section 307.673 of the Revised Code.	369

(C) In calculating the net indebtedness of a municipal	370
corporation, no obligation incurred under division (C) of section	371
749.08749.081 of the Revised Code shall be considered.	372

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

373

(1) "Public record" means records kept by any public office,	374
including, but not limited to, state, county, city, village,	375
township, and school district units, and records pertaining to the	376
delivery of educational services by an alternative school in Ohio	377
kept by a nonprofit or for profit entity operating such	378
alternative school pursuant to section 3313.533 of the Revised	379
Code. "Public record" does not mean any of the following:	380

(a) Medical records;

381

(b) Records pertaining to probation and parole proceedings or	382
to proceedings related to the imposition of community control	383
sanctions and post-release control sanctions;	384

(c) Records pertaining to actions under section 2151.85 and	385
division (C) of section 2919.121 of the Revised Code and to	386
appeals of actions arising under those sections;	387

(d) Records pertaining to adoption proceedings, including the	388
contents of an adoption file maintained by the department of	389
health under section 3705.12 of the Revised Code;	390

(e) Information in a record contained in the putative father	391
registry established by section 3107.062 of the Revised Code,	392
regardless of whether the information is held by the department of	393
job and family services or, pursuant to section 3111.69 of the	394
Revised Code, the office of child support in the department or a	395
child support enforcement agency;	396

(f) Records listed in division (A) of section 3107.42 of the	397
Revised Code or specified in division (A) of section 3107.52 of	398
the Revised Code;	399

(g) Trial preparation records;

400

(h) Confidential law enforcement investigatory records;

401

(i) Records containing information that is confidential under	402
section 2317.023 or 4112.05 of the Revised Code;	403

(j) DNA records stored in the DNA database pursuant to	404
section 109.573 of the Revised Code;	405

(k) Inmate records released by the department of	406
rehabilitation and correction to the department of youth services	407
or a court of record pursuant to division (E) of section 5120.21	408
of the Revised Code;	409

(l) Records maintained by the department of youth services	410
pertaining to children in its custody released by the department	411
of youth services to the department of rehabilitation and	412
correction pursuant to section 5139.05 of the Revised Code;	413

(m) Intellectual property records;

414

(n) Donor profile records;

415

(o) Records maintained by the department of job and family	416
services pursuant to section 3121.894 of the Revised Code;	417

(p) Peace officer, firefighter, or EMT residential and	418
familial information;	419

(q) In the case of a county hospital operated pursuant to	420
Chapter 339. of the Revised Code or a municipal hospital operated	421
pursuant to Chapter 749. of the Revised Code, information that	422
constitutes a trade secret, as defined in section 1333.61 of the	423
Revised Code;	424

(r) Information pertaining to the recreational activities of	425
a person under the age of eighteen;	426

(s) Records provided to, statements made by review board	427
members during meetings of, and all work products of a child	428
fatality review board acting under sections 307.621 to 307.629 of	429
the Revised Code, other than the report prepared pursuant to	430
section 307.626 of the Revised Code;	431

(t) Records provided to and statements made by the executive	432
director of a public children services agency or a prosecuting	433
attorney acting pursuant to section 5153.171 of the Revised Code	434
other than the information released under that section;	435

(u) Test materials, examinations, or evaluation tools used in	436
an examination for licensure as a nursing home administrator that	437
the board of examiners of nursing home administrators administers	438
under section 4751.04 of the Revised Code or contracts under that	439
section with a private or government entity to administer;	440

(v) Records the release of which is prohibited by state or	441
federal law;	442

(w) Proprietary information of or relating to any person that	443
is submitted to or compiled by the Ohio venture capital authority	444
created under section 150.01 of the Revised Code;	445

(x) Information reported and evaluations conducted pursuant	446
to section 3701.072 of the Revised Code.	447

(2) "Confidential law enforcement investigatory record" means	448
any record that pertains to a law enforcement matter of a	449
criminal, quasi-criminal, civil, or administrative nature, but	450
only to the extent that the release of the record would create a	451
high probability of disclosure of any of the following:	452

(a) The identity of a suspect who has not been charged with	453
the offense to which the record pertains, or of an information	454
source or witness to whom confidentiality has been reasonably	455
promised;	456

(b) Information provided by an information source or witness	457
to whom confidentiality has been reasonably promised, which	458
information would reasonably tend to disclose the source's or	459
witness's identity;	460

(c) Specific confidential investigatory techniques or	461
procedures or specific investigatory work product;	462

(d) Information that would endanger the life or physical	463
safety of law enforcement personnel, a crime victim, a witness, or	464
a confidential information source.	465

(3) "Medical record" means any document or combination of	466
documents, except births, deaths, and the fact of admission to or	467
discharge from a hospital, that pertains to the medical history,	468
diagnosis, prognosis, or medical condition of a patient and that	469
is generated and maintained in the process of medical treatment.	470

(4) "Trial preparation record" means any record that contains	471
information that is specifically compiled in reasonable	472
anticipation of, or in defense of, a civil or criminal action or	473
proceeding, including the independent thought processes and	474
personal trial preparation of an attorney.	475

(5) "Intellectual property record" means a record, other than	476
a financial or administrative record, that is produced or	477
collected by or for faculty or staff of a state institution of	478
higher learning in the conduct of or as a result of study or	479
research on an educational, commercial, scientific, artistic,	480
technical, or scholarly issue, regardless of whether the study or	481
research was sponsored by the institution alone or in conjunction	482
with a governmental body or private concern, and that has not been	483
publicly released, published, or patented.	484

(6) "Donor profile record" means all records about donors or	485
potential donors to a public institution of higher education	486
except the names and reported addresses of the actual donors and	487
the date, amount, and conditions of the actual donation.	488

(7) "Peace officer, firefighter, or EMT residential and	489
familial information" means either of the following:	490

(a) Any information maintained in a personnel record of a	491
peace officer, firefighter, or EMT that discloses any of the	492
following:	493

(i) The address of the actual personal residence of a peace	494
officer, firefighter, or EMT, except for the state or political	495
subdivision in which the peace officer, firefighter, or EMT	496
resides;	497

(ii) Information compiled from referral to or participation	498
in an employee assistance program;	499

(iii) The social security number, the residential telephone	500
number, any bank account, debit card, charge card, or credit card	501
number, or the emergency telephone number of, or any medical	502
information pertaining to, a peace officer, firefighter, or EMT;	503

(iv) The name of any beneficiary of employment benefits,	504
including, but not limited to, life insurance benefits, provided	505
to a peace officer, firefighter, or EMT by the peace officer's,	506
firefighter's, or EMT's employer;	507

(v) The identity and amount of any charitable or employment	508
benefit deduction made by the peace officer's, firefighter's, or	509
EMT's employer from the peace officer's, firefighter's, or EMT's	510
compensation unless the amount of the deduction is required by	511
state or federal law;	512

(vi) The name, the residential address, the name of the	513
employer, the address of the employer, the social security number,	514
the residential telephone number, any bank account, debit card,	515
charge card, or credit card number, or the emergency telephone	516
number of the spouse, a former spouse, or any child of a peace	517
officer, firefighter, or EMT.	518

(b) Any record that identifies a person's occupation as a	519
peace officer, firefighter, or EMT other than statements required	520
to include the disclosure of that fact under the campaign finance	521
law.	522

As used in divisions (A)(7) and (B)(5) of this section,	523
"peace officer" has the same meaning as in section 109.71 of the	524
Revised Code and also includes the superintendent and troopers of	525
the state highway patrol; it does not include the sheriff of a	526
county or a supervisory employee who, in the absence of the	527
sheriff, is authorized to stand in for, exercise the authority of,	528
and perform the duties of the sheriff.	529

As used in divisions (A)(7) and (B)(5) of this section,	530
"firefighter" means any regular, paid or volunteer, member of a	531
lawfully constituted fire department of a municipal corporation,	532
township, fire district, or village.	533

As used in divisions (A)(7) and (B)(5) of this section, "EMT"	534
means EMTs-basic, EMTs-I, and paramedics that provide emergency	535
medical services for a public emergency medical service	536
organization. "Emergency medical service organization,"	537
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	538
section 4765.01 of the Revised Code.	539

(8) "Information pertaining to the recreational activities of	540
a person under the age of eighteen" means information that is kept	541
in the ordinary course of business by a public office, that	542
pertains to the recreational activities of a person under the age	543
of eighteen years, and that discloses any of the following:	544

(a) The address or telephone number of a person under the age	545
of eighteen or the address or telephone number of that person's	546
parent, guardian, custodian, or emergency contact person;	547

(b) The social security number, birth date, or photographic	548
image of a person under the age of eighteen;	549

(c) Any medical record, history, or information pertaining to	550
a person under the age of eighteen;	551

(d) Any additional information sought or required about a	552
person under the age of eighteen for the purpose of allowing that	553
person to participate in any recreational activity conducted or	554
sponsored by a public office or to use or obtain admission	555
privileges to any recreational facility owned or operated by a	556
public office.	557

(9) "Community control sanction" has the same meaning as in	558
section 2929.01 of the Revised Code.	559

(10) "Post-release control sanction" has the same meaning as	560
in section 2967.01 of the Revised Code.	561

(B)(1) Subject to division (B)(4) of this section, all public	562
records shall be promptly prepared and made available for	563
inspection to any person at all reasonable times during regular	564
business hours. Subject to division (B)(4) of this section, upon	565
request, a public office or person responsible for public records	566
shall make copies available at cost, within a reasonable period of	567
time. In order to facilitate broader access to public records,	568
public offices shall maintain public records in a manner that they	569
can be made available for inspection in accordance with this	570
division.	571

(2) If any person chooses to obtain a copy of a public record	572
in accordance with division (B)(1) of this section, the public	573
office or person responsible for the public record shall permit	574
that person to choose to have the public record duplicated upon	575
paper, upon the same medium upon which the public office or person	576
responsible for the public record keeps it, or upon any other	577
medium upon which the public office or person responsible for the	578
public record determines that it reasonably can be duplicated as	579
an integral part of the normal operations of the public office or	580
person responsible for the public record. When the person seeking	581
the copy makes a choice under this division, the public office or	582
person responsible for the public record shall provide a copy of	583
it in accordance with the choice made by the person seeking the	584
copy.	585

(3) Upon a request made in accordance with division (B)(1) of	586
this section, a public office or person responsible for public	587
records shall transmit a copy of a public record to any person by	588
United States mail within a reasonable period of time after	589
receiving the request for the copy. The public office or person	590
responsible for the public record may require the person making	591
the request to pay in advance the cost of postage and other	592
supplies used in the mailing.	593

Any public office may adopt a policy and procedures that it	594
will follow in transmitting, within a reasonable period of time	595
after receiving a request, copies of public records by United	596
States mail pursuant to this division. A public office that adopts	597
a policy and procedures under this division shall comply with them	598
in performing its duties under this division.	599

In any policy and procedures adopted under this division, a	600
public office may limit the number of records requested by a	601
person that the office will transmit by United States mail to ten	602
per month, unless the person certifies to the office in writing	603
that the person does not intend to use or forward the requested	604
records, or the information contained in them, for commercial	605
purposes. For purposes of this division, "commercial" shall be	606
narrowly construed and does not include reporting or gathering	607
news, reporting or gathering information to assist citizen	608
oversight or understanding of the operation or activities of	609
government, or nonprofit educational research.	610

(4) A public office or person responsible for public records	611
is not required to permit a person who is incarcerated pursuant to	612
a criminal conviction or a juvenile adjudication to inspect or to	613
obtain a copy of any public record concerning a criminal	614
investigation or prosecution or concerning what would be a	615
criminal investigation or prosecution if the subject of the	616
investigation or prosecution were an adult, unless the request to	617
inspect or to obtain a copy of the record is for the purpose of	618
acquiring information that is subject to release as a public	619
record under this section and the judge who imposed the sentence	620
or made the adjudication with respect to the person, or the	621
judge's successor in office, finds that the information sought in	622
the public record is necessary to support what appears to be a	623
justiciable claim of the person.	624

(5) Upon written request made and signed by a journalist on	625
or after December 16, 1999, a public office, or person responsible	626
for public records, having custody of the records of the agency	627
employing a specified peace officer, firefighter, or EMT shall	628
disclose to the journalist the address of the actual personal	629
residence of the peace officer, firefighter or EMT and, if the	630
peace officer's, firefighter's or EMT's spouse, former spouse, or	631
child is employed by a public office, the name and address of the	632
employer of the peace officer's, firefighter's, or EMT's spouse,	633
former spouse, or child. The request shall include the	634
journalist's name and title and the name and address of the	635
journalist's employer and shall state that disclosure of the	636
information sought would be in the public interest.	637

As used in division (B)(5) of this section, "journalist"	638
means a person engaged in, connected with, or employed by any news	639
medium, including a newspaper, magazine, press association, news	640
agency, or wire service, a radio or television station, or a	641
similar medium, for the purpose of gathering, processing,	642
transmitting, compiling, editing, or disseminating information for	643
the general public.	644

(C) If a person allegedly is aggrieved by the failure of a	645
public office to promptly prepare a public record and to make it	646
available to the person for inspection in accordance with division	647
(B) of this section, or if a person who has requested a copy of a	648
public record allegedly is aggrieved by the failure of a public	649
office or the person responsible for the public record to make a	650
copy available to the person allegedly aggrieved in accordance	651
with division (B) of this section, the person allegedly aggrieved	652
may commence a mandamus action to obtain a judgment that orders	653
the public office or the person responsible for the public record	654
to comply with division (B) of this section and that awards	655
reasonable attorney's fees to the person that instituted the	656
mandamus action. The mandamus action may be commenced in the court	657
of common pleas of the county in which division (B) of this	658
section allegedly was not complied with, in the supreme court	659
pursuant to its original jurisdiction under Section 2 of Article	660
IV, Ohio Constitution, or in the court of appeals for the	661
appellate district in which division (B) of this section allegedly	662
was not complied with pursuant to its original jurisdiction under	663
Section 3 of Article IV, Ohio Constitution.	664

(D) Chapter 1347. of the Revised Code does not limit the	665
provisions of this section.	666

(E)(1) The bureau of motor vehicles may adopt rules pursuant	667
to Chapter 119. of the Revised Code to reasonably limit the number	668
of bulk commercial special extraction requests made by a person	669
for the same records or for updated records during a calendar	670
year. The rules may include provisions for charges to be made for	671
bulk commercial special extraction requests for the actual cost of	672
the bureau, plus special extraction costs, plus ten per cent. The	673
bureau may charge for expenses for redacting information, the	674
release of which is prohibited by law.	675

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

676

(a) "Actual cost" means the cost of depleted supplies,	677
records storage media costs, actual mailing and alternative	678
delivery costs, or other transmitting costs, and any direct	679
equipment operating and maintenance costs, including actual costs	680
paid to private contractors for copying services.	681

(b) "Bulk commercial special extraction request" means a	682
request for copies of a record for information in a format other	683
than the format already available, or information that cannot be	684
extracted without examination of all items in a records series,	685
class of records, or data base by a person who intends to use or	686
forward the copies for surveys, marketing, solicitation, or resale	687
for commercial purposes. "Bulk commercial special extraction	688
request" does not include a request by a person who gives	689
assurance to the bureau that the person making the request does	690
not intend to use or forward the requested copies for surveys,	691
marketing, solicitation, or resale for commercial purposes.	692

(c) "Commercial" means profit-seeking production, buying, or	693
selling of any good, service, or other product.	694

(d) "Special extraction costs" means the cost of the time	695
spent by the lowest paid employee competent to perform the task,	696
the actual amount paid to outside private contractors employed by	697
the bureau, or the actual cost incurred to create computer	698
programs to make the special extraction. "Special extraction	699
costs" include any charges paid to a public agency for computer or	700
records services.	701

(3) For purposes of divisions (E)(1) and (2) of this section,	702
"commercial surveys, marketing, solicitation, or resale" shall be	703
narrowly construed and does not include reporting or gathering	704
news, reporting or gathering information to assist citizen	705
oversight or understanding of the operation or activities of	706
government, or nonprofit educational research.	707

Sec. 721.15.  (A) Personal property not needed for municipal	708
purposes, the estimated value of which is less than one thousand	709
dollars, may be sold by the board or officer having supervision or	710
management of that property. If the estimated value of that	711
property is one thousand dollars or more, it shall be sold only	712
when authorized by an ordinance of the legislative authority of	713
the municipal corporation and approved by the board, officer, or	714
director having supervision or management of that property. When	715
so authorized, the board, officer, or director shall make a	716
written contract with the highest and best bidder after	717
advertisement for not less than two or more than four consecutive	718
weeks in a newspaper of general circulation within the municipal	719
corporation, or with a board of county commissioners upon such	720
lawful terms as are agreed upon, as provided by division (B)(1) of	721
section 721.27 of the Revised Code.	722

(B) When the legislative authority finds, by resolution, that	723
the municipal corporation has vehicles, equipment, or machinery	724
which is obsolete, or is not needed or is unfit for public use,	725
that the municipal corporation has need of other vehicles,	726
equipment, or machinery of the same type, and that it will be in	727
the best interest of the municipal corporation that the sale of	728
obsolete, unneeded, or unfit vehicles, equipment, or machinery be	729
made simultaneously with the purchase of the new vehicles,	730
equipment, or machinery of the same type, the legislative	731
authority may offer to sell, or authorize a board, officer, or	732
director of the municipal corporation having supervision or	733
management of the property to offer to sell, those vehicles,	734
equipment, or machinery and to have the selling price credited	735
against the purchase price of other vehicles, equipment, or	736
machinery and to consummate the sale and purchase by a single	737
contract with the lowest and best bidder to be determined by	738
subtracting from the selling price of the vehicles, equipment, or	739
machinery to be purchased by the municipal corporation the	740
purchase price offered for the municipally-owned vehicles,	741
equipment, or machinery. When the legislative authority or the	742
authorized board, officer, or director of a municipal corporation	743
advertises for bids for the sale of new vehicles, equipment, or	744
machinery to the municipal corporation, they may include in the	745
same advertisement a notice of willingness to accept bids for the	746
purchase of municipally-owned vehicles, equipment, or machinery	747
which is obsolete, or is not needed or is unfit for public use,	748
and to have the amount of those bids subtracted from the selling	749
price as a means of determining the lowest and best bidder.	750

(C) If the legislative authority of the municipal corporation	751
determines that municipal personal property is not needed for	752
public use, or is obsolete or unfit for the use for which it was	753
acquired, and that the property has no value, the legislative	754
authority may discard or salvage that property.	755

(D) Notwithstanding anything to the contrary in division (A)	756
or (B) of this section and regardless of the property's value, the	757
legislative authority of a municipal corporation may sell personal	758
property, including motor vehicles acquired for the use of	759
municipal officers and departments, and road machinery, equipment,	760
tools, or supplies, which is not needed for public use, or is	761
obsolete or unfit for the use for which it was acquired, by	762
internet auction. The legislative authority shall adopt, during	763
each calendar year, a resolution expressing its intent to sell	764
that property by internet auction. The resolution shall include a	765
description of how the auctions will be conducted and shall	766
specify the number of days for bidding on the property, which	767
shall be no less than fifteen days, including Saturdays, Sundays,	768
and legal holidays. The resolution shall indicate whether the	769
municipal corporation will conduct the auction or the legislative	770
authority will contract with a representative to conduct the	771
auction and shall establish the general terms and conditions of	772
sale. If a representative is known when the resolution is adopted,	773
the resolution shall provide contact information such as the	774
representative's name, address, and telephone number.	775

After adoption of the resolution, the legislative authority	776
shall publish, in a newspaper of general circulation in the	777
municipal corporation, notice of its intent to sell unneeded,	778
obsolete, or unfit municipal personal property by internet	779
auction. The notice shall include a summary of the information	780
provided in the resolution and shall be published at least twice.	781
The second and any subsequent notice shall be published not less	782
than ten nor more than twenty days after the previous notice. A	783
similar notice also shall be posted continually throughout the	784
calendar year in a conspicuous place in the offices of the village	785
clerk or city auditor, and the legislative authority, and, if the	786
municipal corporation maintains a website on the internet, the	787
notice shall be posted continually throughout the calendar year at	788
that website.	789

When the property is to be sold by internet auction, the	790
legislative authority or its representative may establish a	791
minimum price that will be accepted for specific items and may	792
establish any other terms and conditions for the particular sale,	793
including requirements for pick-up or delivery, method of payment,	794
and sales tax. This type of information shall be provided on the	795
internet at the time of the auction and may be provided before	796
that time upon request after the terms and conditions have been	797
determined by the legislative authority or its representative.	798

Sec. 721.27. (A) The actions specified in division (B) of	799
this section may be taken without competitive bidding as required	800
by sections 721.03 and 721.15 of the Revised Code.	801

(B) A municipal corporation may, by ordinance, authorize the	802
transfer, lease, or conveyance of any real property, upon which it	803
has acquired, established, erected, or maintained a hospital,	804
together with any personal property suitable for such hospital, to	805
aeither of the following:	806

(1) A board of county commissioners, upon such lawful terms	807
as are agreed upon between the municipal corporation and the board	808
of county commissioners, without competitive bidding as required	809
by section 721.03 and 721.15 of the Revised Code;	810

(2) Any person for purposes of providing medical services	811
other than hospital services, if the municipal corporation	812
determines that the transfer, lease, or conveyance is reasonably	813
related to the proper operation of the hospital.	814

Sec. 737.03.  The director of public safety shall manage and	815
make all contracts with reference to police stations, fire houses,	816
reform schools, infirmaries, hospitals other than municipal	817
hospitals operated pursuant to Chapter 749. of the Revised Code,	818
workhouses, farms, pesthouses, and all other charitable and	819
reformatory institutions. In the control and supervision of those	820
institutions, the director shall be governed by the provisions of	821
Title VII of the Revised Code relating to those institutions.	822

The director may make all contracts and expenditures of money	823
for acquiring lands for the erection or repairing of station	824
houses, police stations, fire department buildings, fire cisterns,	825
and plugs, that are required, for the purchase of engines,	826
apparatus, and all other supplies necessary for the police and	827
fire departments, and for other undertakings and departments under	828
the director's supervision, but no obligation involving an	829
expenditure of more than twenty-five thousand dollars shall be	830
created unless first authorized and directed by ordinance. In	831
making, altering, or modifying those contracts, the director shall	832
be governed by sections 735.05 to 735.09 of the Revised Code,	833
except that all bids shall be filed with and opened by the	834
director. The director shall make no sale or disposition of any	835
property belonging to the city without first being authorized by	836
resolution or ordinance of the city legislative authority.	837

Sec. 749.02.  The legislative authority of a municipal	838
corporation may agree with a corporation organized for charitable	839
purposes and not for profit, for the erection and management of a	840
hospital suitably located for the treatment of the sick and	841
disabled of such municipal corporation, or for an addition to such	842
hospital, and for a permanent interest therein to such extent and	843
upon such terms as are agreed upon between them, and the	844
legislative authority shall provide for the payment of the amount	845
agreed upon for such interest, either in one payment or in annual	846
installments, as is agreed upon.	847

Such agreement shall not become operative until approved by a	848
vote of the electors of the municipal corporation as provided in	849
section 749.03749.021 of the Revised Code.	850

Sec. 749.03.        Sec. 749.021.  Upon the execution of the agreement	851
provided for in section 749.02 of the Revised Code the legislative	852
authority of the municipal corporation shall submit to the	853
electors thereof, at the next general election occurring not less	854
than seventy-five days after the certification of the resolution	855
to the board of elections, the question of the ratification of	856
such agreement, and if the sum to be paid by the municipal	857
corporation under the terms of such agreement is not available	858
from current general revenues thereof, the legislative authority	859
shall also submit to the electors, at the same election, the	860
question of the issue of bonds of the municipal corporation in the	861
amount specified in such agreement for the purpose of providing	862
funds for the payment of such sum. The proceedings in the matter	863
of such election and in the issuance and sale of such bonds shall	864
be as provided by law for municipal bonds. Such agreement shall	865
not be effective, and no bonds shall be issued, unless the	866
electors approve of both the agreement and the bond issue, if the	867
question of the issue of bonds is so submitted.	868

Sec. 749.03.  (A) As used in this section, "health facility"	869
means both of the following:	870

(1) A hospital, as defined in section 3727.01 of the Revised	871
Code;	872

(2) A facility other than a hospital, as defined in section	873
3727.01 of the Revised Code, where medical care and preventive,	874
diagnostic, therapeutic, rehabilitative, or palliative items or	875
services are provided to outpatients by or under the direction of	876
a physician or dentist.	877

(B) The legislative authority of a municipal corporation or a	879
board of hospital commissioners established under section 749.04	880
of the Revised Code may purchase, acquire, lease, appropriate, or	881
construct a health facility in another municipal corporation to	882
serve as a branch of a hospital erected under sections 749.02 to	883
749.14 of the Revised Code. The health facility may include office	884
space for physicians. The facility shall be operated pursuant to	885
the law that regulates the operation of the hospital.	886

(C) When a proposal to establish a health facility in another	887
municipal corporation is made by a board of hospital	888
commissioners, all of the following apply:	889

(1) The board shall give written notice to the legislative	890
authority of its municipal corporation and to the legislative	891
authority of the municipal corporation where the facility is to be	892
located. The legislative authority of the municipal corporation	893
where the facility is to be located, by resolution adopted within	894
forty days after receipt of the notice, may object to the proposed	895
facility. The resolution shall include an explanation of the	896
objection and may make any recommendations the legislative	897
authority considers necessary. The legislative authority shall	898
send a copy of the resolution to the board of hospital	899
commissioners and the legislative authority of the municipal	900
corporation that proposes to locate the facility in the other	901
municipal corporation.	902

(2) Except as provided in division (B)(3) of this section,	903
the board of hospital commissioners may establish and operate the	904
facility, unless the legislative authority of the municipal	905
corporation proposing to locate the facility in the other	906
municipal corporation, not later than twenty days after receiving	907
a resolution of objection from the other legislative authority	908
pursuant to division (B)(1) of this section, adopts a resolution	909
denying the board the right to establish the facility.	910

(3) If the legislative authority of a municipal corporation	911
provides a subsidy for uncompensated care to a board of hospital	912
commissioners, the board may establish and operate the health	913
facility only if that legislative authority approves the	914
establishment of the facility.	915

Sec. 749.08.  (A) The board of hospital commissioners shall	916
have the entire management and control of a hospital erected under	917
sections 749.02 to 749.14 of the Revised Code, when completed and	918
ready for use, and shall assume and continue the operation of the	919
hospital. Subject to the ordinances of the legislative authority	920
of the municipal corporation, the board shall establish rules for	921
the hospital's government, and the admission of persons to its	922
privileges, as are expedient.	923

(B) The board has control of the property of the hospital.	924
The board's control of property includes acquiring, holding,	925
possessing, managing, and disposing of real and personal property.	926

(C) The board may enter into contracts with any person or	927
government entity. No member of the board shall be interested,	928
directly or indirectly, in any contract concerning the hospital.	929

(D)(1) The board has control of all funds used in the	930
hospital's operation, including moneys received from the operation	931
of the hospital, moneys appropriated for its operation by the	932
legislative authority of the municipal corporation, and moneys	933
resulting from special levies submitted by the legislative	934
authority for operation of the hospital. Of those funds, all or	935
part of any amount determined not to be necessary to meet current	936
demands on the hospital may be invested by the board or its	937
designee in any classifications of securities and obligations	938
eligible for deposit or investment of moneys pursuant to section	939
135.14 of the Revised Code, subject to the approval of the board's	940
written investment policy by the legislative authority of the	941
municipal corporation.	942

(2) Each disbursement of funds shall be made on a voucher	943
signed by signatories designated and approved by the board.	944

(3) Unless an expenditure is first authorized by the board,	945
no money shall be paid for any of the following:	946

(a) The erection, rebuilding, or repair of the hospital;

947

(b) An addition to the hospital;

948

(c) Supplies for the hospital;

949

(d) Replacement of necessary equipment for the hospital;

950

(e) Acquisition, leasing, or construction of permanent	951
improvements to hospital property;	952

(f) Donations authorized under division (H) of this section;

953

(g) Any other use or purpose related to the hospital.

954

(E) For the use and benefit of the hospital, the board may	955
take and hold in trust any grant or devise of land and any	956
donation or bequest of money or other personal property.	957

(F) With respect to taking title to or a leasehold interest	958
in property on behalf of the hospital, both of the following	959
apply:	960

(1) The title to or leasehold interest in the property may be	961
taken in the name of the board or an entity organized for	962
charitable purposes that is under the board's control.	963

(2) If a transaction occurs or has occurred in which the	964
title to or leasehold interest in the property was taken in the	965
name of the legislative authority of the municipality, the title	966
to or leasehold interest in the property may be conveyed to the	967
board or an entity organized for charitable purposes that is under	968
the board's control.	969

(G) When the legislative authority of a municipal corporation	970
acquires property for purposes of the hospital, an easement may be	971
acquired in the name of the board.	972

(H) For the public purpose of improving the health, safety,	973
and general welfare of the community, the board of hospital	974
commissioners may donate to a nonprofit entity any of the	975
following:	976

(1) Moneys and other financial assets determined not to be	977
necessary to meet current demands on the hospital;	978

(2) Surplus hospital property, including supplies, equipment,	979
office facilities, and other property;	980

(3) Services rendered by the hospital.

981

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

982

(1) "Bank" has the same meaning as in section 1101.01 of the	983
Revised Code.	984

(2) "Savings and loan association" has the same meaning as in	985
section 1151.01 of the Revised Code.	986

(3) "Savings bank" has the same meaning as in section 1161.01	987
of the Revised Code.	988

(B) No money shall be paid for the erection, rebuilding, or	989
repair of a hospital, or for any addition thereto, or for supplies	990
therefor, unless such expenditure is first authorized by the board	991
of hospital commissioners, and upon the warrant of the proper	992
officer of the municipal corporation. No member of the board shall	993
be interested, directly or indirectly, in any contract concerning	994
such hospital.	995

(C) The board of hospital commissioners may enter into a	996
contract for a secured line of credit with a bank, savings and	997
loan association, or savings bank if the contract meets all of the	998
following requirements:	999

(1) The term of the contract does not exceed one hundred	1000
eighty days;	1001

(2) The board's secured line of credit does not exceed five	1002
hundred thousand dollars;	1003

(3) The contract provides that any amount extended must be	1004
repaid in full before any additional credit can be extended;	1005

(4) The contract provides that the bank, savings and loan	1006
association, or savings bank shall not commence a civil action	1007
against the legislative authority of a municipal corporation or	1008
any member thereof, or the municipal corporation to recover the	1009
principal, interest, or any charges or other amounts that remain	1010
outstanding on the secured line of credit at the time of any	1011
default by the board of hospital commissioners;	1012

(5) The contract provides that no assets other than those of	1013
the hospital can be used to secure the line of credit;	1014

(6) The terms and conditions of the contract comply with all	1015
state and federal statutes and rules governing the extension of a	1016
secured line of credit.	1017

(D)(C) Any obligation incurred by a board of hospital	1018
commissioners under division (C)(B) of this section is an	1019
obligation of that board only and not a general obligation of the	1020
legislative authority of a municipal corporation or the municipal	1021
corporation within the meaning of division (Q) of section 133.01	1022
of the Revised Code.	1023

(E)(D) No board of hospital commissioners shall at any time	1024
have more than one secured line of credit under division (B) of	1025
this section.	1026

Sec. 749.15.        Sec. 749.082.  (A) The director of public safety shall	1027
have the entire management and controlfollowing apply to the	1028
board of hospital commissioners in relation to its employees and	1029
the employees of a hospital erected under sections 749.02 to	1030
749.14 of the Revised Code, when completed and ready for use, and,	1031
subject to the ordinances of the legislative authority of the	1032
city, shall establish rules for its government, and the admission	1033
of persons to its privileges, as he deems expedient. The director	1034
may employ a superintendent, steward, physicians, nurses, and such	1035
other employees as are necessary, and fix the compensation of all	1036
such persons, which compensation shall be subject to the approval	1037
of the legislative authority. The director with the approval of	1038
the mayor may also employ counsel to bring legal action for the	1039
collection of delinquent accounts.	1040

(B) The director of public safetymunicipal corporation:

1041

(1) The board may adopt the wage and salary schedule for	1042
employees.	1043

(2) The board may employ the hospital's administrator	1044
pursuant to section 749.083 of the Revised Code, and the	1045
administrator may employ individuals for the hospital in	1046
accordance with that section.	1047

(3) The board may employ assistants as necessary to perform	1048
its clerical work, superintend properly the construction of the	1049
hospital, and pay the hospital's expenses. The employees may be	1050
paid from funds provided for the hospital.	1051

(4) The board may enter into a contract with an employer or	1052
other entity whereby the services of any employee of the board or	1053
hospital are rendered to or on behalf of the employer or other	1054
entity for a fee paid to the board or hospital.	1055

(5) The board may grant to employees of a hospital erected	1056
under sections 749.02 to 749.14 of the Revised Code any of the	1057
following as hefringe benefits the board determines to be	1058
customary and usual in the nonprofit hospital field in the	1059
community, including the following:	1060

(1)(a) Additional vacation leave with full pay for full-time	1061
employees, including hourly rate employees, after service of one	1062
year;	1063

(2)(b) Vacation leave and holiday pay for part-time employees	1064
on a pro rata basis;	1065

(3)(c) Leave with full pay, which shall not be deducted from	1066
the employee's accumulated sick leave, due to death in the	1067
employee's immediate family;	1068

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

1069

(5)(e) Premium pay for working on holidays observed by other	1070
municipal agencies;	1071

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

1072

The director(6) The board may provide holiday leave by	1073
observing Martin Luther King day, Washington-Lincoln day, Columbus	1074
day, and Veterans' day on days other than those specified in	1075
section 1.14 of the Revised Code.	1076

(7) The board may grant to employees the insurance benefits	1077
authorized by division (B) of this section.	1078

(8) The board may provide employee recognition awards and may	1079
hold employee recognition dinners. The director	1080

(9) The board may provide scholarships for education in the	1081
health care professions, tuition reimbursement, and other staff	1082
development programs for the purpose of recruiting or retaining	1083
qualified employees. The	1084

(10) The board may pay reasonable expenses for recruiting	1085
physicians into the city or for retaining them if all or part of	1086
the city has been designated as an area with a shortage of	1087
personal health services under the "Health Maintenance	1088
Organization Act of 1973," 87 Stat. 914, 42 U.S.C. 300e, as	1089
amended.	1090

(B)(1) The board of hospital commissioners may contract for,	1091
purchase, or otherwise procure on behalf of any or all of its	1092
employees, the employees of the hospital, or such employees and	1093
their immediate dependents the following types of fringe benefits:	1094

(a) Group or individual insurance contracts which may include	1095
life, sickness, accident, disability, annuities, endowment,	1096
health, medical expense, hospital, dental, surgical and related	1097
coverage or any combination thereof;	1098

(b) Group or individual contracts with health insuring	1099
corporations or other providers of professional services, care, or	1100
benefits duly authorized to do business in this state.	1101

(2) The board of hospital commissioners may contract for,	1102
purchase, or otherwise procure insurance contracts which provide	1103
protection for the commissioners, the board's employees, and the	1104
employees of the hospital against liability, including	1105
professional liability, provided that this section or any	1106
insurance contract issued pursuant to this section shall not be	1107
construed as a waiver of or in any manner affect the immunity of	1108
the hospital or municipal corporation.	1109

(3) All or any portion of the cost, premium, fees, or charges	1110
for the insurance benefits specified in divisions (B)(1) and (2)	1111
of this section may be paid in such manner or combination of	1112
manners as the board may determine, including direct payment by an	1113
employee, and, if authorized in writing by an employee, by the	1114
board with moneys made available by deduction from or reduction in	1115
salary or wages or by the foregoing of a salary or wage increase.	1116

Notwithstanding sections 3917.01 and 3917.06 of the Revised	1117
Code, the board may purchase group life insurance authorized by	1118
this section by reason of payment of premiums therefor by the	1119
board from its funds, and such group life insurance may be issued	1120
and purchased if otherwise consistent with sections 3917.01 to	1121
3917.06 of the Revised Code.	1122

(C) The board with the approval of the legislative authority	1123
may retain counsel to bring actions for the collection of	1124
delinquent accounts.	1125

Sec. 749.083.  (A) The board of hospital commissioners shall	1126
provide for the administration of the hospital by directly	1127
employing a hospital administrator or by entering into a contract	1128
for the management of the hospital under which an administrator is	1129
provided. When an administrator is employed directly, the board	1130
shall adopt a job description delineating the administrator's	1131
powers and duties and the board may pay the administrator's salary	1132
and other benefits from funds provided for the hospital.	1133

(B) During the construction and equipping of the hospital,	1134
the administrator shall act in an advisory capacity to the board.	1135
After the hospital is completed, the administrator shall serve as	1136
the chief executive officer and shall carry out the administration	1137
of the hospital according to the policies set forth by the board.	1138

The administrator shall administer the hospital, make	1139
reports, and take any other action that the administrator	1140
determines is necessary for the operation of the hospital.	1141

At the end of each fiscal year, the administrator shall	1142
submit to the board a complete financial statement showing the	1143
receipts, revenues, and expenditures in detail for the entire	1144
fiscal year.	1145

The administrator shall ensure that the hospital has such	1146
physicians, nurses, and other employees as are necessary for the	1147
proper care, control, and management of the hospital and its	1148
patients. The physicians, nurses, and other employees may be	1149
suspended or removed by the administrator at any time the welfare	1150
of the hospital warrants suspension or removal. The administrator	1151
may obtain physicians, nurses, and other employees by direct	1152
employment, entering into contracts, or granting authority to	1153
practice in the hospital.	1154

Sec. 749.084.  The board of hospital commissioners may do any	1155
of the following if the board determines that the action is	1156
reasonably related to the operation of the hospital:	1157

(A) Construct an addition to the hospital under the powers	1158
vested the board under section 749.04 of the Revised Code;	1159

(B) Acquire an existing structure for the purpose of leasing	1160
office space to local physicians;	1161

(C) Lease real property to any person to construct facilities	1162
for providing medical services other than inpatient hospital	1163
services or otherwise lease or convey interests in real estate for	1164
providing medical services other than inpatient hospital services.	1165

Sec. 749.10.  All contracts for the erection of a hospital	1166
building shall be made in the name of the municipal corporation or	1167
the board of hospital commissioners, and it shall be stipulated	1168
therein that the contractor will not execute any extra work, or	1169
make any modifications or alterations mentioned in the	1170
specifications and plans, unless ordered in writing by the board	1171
of hospital commissioners, that hethe contractor will not claim	1172
any pay therefor unless such written order is given, and the	1173
additional compensation fixed and agreed upon. Copies of the plans	1174
and drawings, attested by the contractor, and the original bids,	1175
specifications, and contracts shall be deposited in the office of	1176
the clerk of the municipal corporation.	1177

Sec. 749.18.  Where an agreement under section 749.16 of the	1178
Revised Code concerns or includes participation of a joint	1179
township hospital district, or of a county, in the maintenance and	1180
operation of a municipal hospital, the municipal corporation may	1181
establish a board of governors to exercise, subject to such	1182
further limitations as are imposed by the agreement, the powers	1183
vested under section 749.15 of the Revised Code in the director of	1184
public safetyboard of hospital commissioners, provided that any	1185
such limitations shall not deny the board of governors the	1186
authority to employretain counsel, to institute legal action in	1187
its own name, or to employ any other lawful means, for the	1188
collection of delinquent accounts. The board may include in its	1189
membership such representatives of the participating district, or	1190
of the county, as are provided for in such agreement. The	1191
municipal members of the board shall consist of the mayor, who by	1192
virtue of histhat office shall be its president, and four	1193
resident freeholders of the municipal corporation, at least one of	1194
whom shall be a doctor of medicine, to be appointed by the mayor	1195
with the consent of the legislative authority. The term of office	1196
of such municipal members shall be as provided in section 749.05	1197
of the Revised Code. The board shall, subject to the terms of the	1198
agreement, establish such regulations and elect such officers,	1199
other than president, as its members determine. The members shall	1200
be entitled to such compensation for their services as is provided	1201
by the agreement.	1202

Sec. 749.24.  The board of hospital trustees shall, subject	1203
to any ordinance of the municipal corporation, have the entire	1204
management and control of the property or funds mentioned in	1205
section 749.20 of the Revised Code, and shall establish such rules	1206
for the government thereof as it deems expedient. Such board shall	1207
also have the entire control of the expenditure of all moneys	1208
therefrom and they shall be disbursed by the treasurer of the	1209
municipal corporation only upon the warrant of the municipal	1210
auditor or clerk, drawn in accordance with the order of such	1211
board.	1212

The board may apply, control, invest, and reinvest the funds	1213
coming or arising from any gift, devise, or requestbequest	1214
according to the terms on which it was acquired.	1215

Sec. 749.33.  The board of hospital trustees may employ such	1216
superintendents, physicians, nurses, and other employees as are	1217
necessary for the execution of its duties and fix their	1218
compensation. Any of such persons may be removed by the board at	1219
any time. The board may provide to its employees such of the	1220
benefits, awards, and staff development programs listed in section	1221
749.15749.082 of the Revised Code as the board determines to be	1222
customary and usual in the nonprofit hospital field in its	1223
community.	1224

Sec. 749.37. Notwithstanding any conflicting provision of	1225
sections 749.09 to 749.14 and 749.26 to 749.31 of the Revised	1226
Code, Chapter 153. of the Revised Code, or any other competitive	1227
bidding requirement specified in the Revised Code that requires a	1228
public authority to enter into separate contracts for the design	1229
and construction of a public improvement, a board of hospital	1230
commissioners or a board of hospital trustees may enter into a	1231
single contract under which the entity awarded the contract is	1232
responsible for providing both design and construction services	1233
related to the erection of a hospital, any addition to the	1234
hospital, or any other improvement to the hospital or its	1235
properties involving alteration, repair, replacement, renovation,	1236
installation, or demolition. This section does not otherwise alter	1237
the competitive bidding requirements that apply to the board when	1238
entering into a contract for a public improvement.	1239

Sec. 751.07.  In the management of a city infirmary, in the	1240
care and treatment of the inmates thereof, and in the erection,	1241
enlargement, or repair of any building for infirmary purposes, or	1242
of any addition thereto, the director of public safety shall have	1243
the same powers, be governed by the same regulations, and perform	1244
the same duties, as far as applicable, as are vested in hima	1245
board of hospital commissioners established under section 749.04	1246
of the Revised Code in relation to municipal hospitals. The power	1247
of the legislative authority in relation thereto shall be the	1248
same, so far as applicable, as provided to the legislative	1249
authority by sections 749.01 to 749.34, inclusive, of the Revised	1250
Code, in relation to hospitals.	1251

Sec. 2744.01.  As used in this chapter:

1252

(A) "Emergency call" means a call to duty, including, but not	1253
limited to, communications from citizens, police dispatches, and	1254
personal observations by peace officers of inherently dangerous	1255
situations that demand an immediate response on the part of a	1256
peace officer.	1257

(B) "Employee" means an officer, agent, employee, or servant,	1258
whether or not compensated or full-time or part-time, who is	1259
authorized to act and is acting within the scope of the officer's,	1260
agent's, employee's, or servant's employment for a political	1261
subdivision. "Employee" does not include an independent contractor	1262
and does not include any individual engaged by a school district	1263
pursuant to section 3319.301 of the Revised Code. "Employee"	1264
includes any elected or appointed official of a political	1265
subdivision. "Employee" also includes a person who has been	1266
convicted of or pleaded guilty to a criminal offense and who has	1267
been sentenced to perform community service work in a political	1268
subdivision whether pursuant to section 2951.02 of the Revised	1269
Code or otherwise, and a child who is found to be a delinquent	1270
child and who is ordered by a juvenile court pursuant to section	1271
2152.19 or 2152.20 of the Revised Code to perform community	1272
service or community work in a political subdivision.	1273

(C)(1) "Governmental function" means a function of a	1274
political subdivision that is specified in division (C)(2) of this	1275
section or that satisfies any of the following:	1276

(a) A function that is imposed upon the state as an	1277
obligation of sovereignty and that is performed by a political	1278
subdivision voluntarily or pursuant to legislative requirement;	1279

(b) A function that is for the common good of all citizens of	1280
the state;	1281

(c) A function that promotes or preserves the public peace,	1282
health, safety, or welfare; that involves activities that are not	1283
engaged in or not customarily engaged in by nongovernmental	1284
persons; and that is not specified in division (G)(2) of this	1285
section as a proprietary function.	1286

(2) A "governmental function" includes, but is not limited	1287
to, the following:	1288

(a) The provision or nonprovision of police, fire, emergency	1289
medical, ambulance, and rescue services or protection;	1290

(b) The power to preserve the peace; to prevent and suppress	1291
riots, disturbances, and disorderly assemblages; to prevent,	1292
mitigate, and clean up releases of oil and hazardous and extremely	1293
hazardous substances as defined in section 3750.01 of the Revised	1294
Code; and to protect persons and property;	1295

(c) The provision of a system of public education;

1296

(d) The provision of a free public library system;

1297

(e) The regulation of the use of, and the maintenance and	1298
repair of, roads, highways, streets, avenues, alleys, sidewalks,	1299
bridges, aqueducts, viaducts, and public grounds;	1300

(f) Judicial, quasi-judicial, prosecutorial, legislative, and	1301
quasi-legislative functions;	1302

(g) The construction, reconstruction, repair, renovation,	1303
maintenance, and operation of buildings that are used in	1304
connection with the performance of a governmental function,	1305
including, but not limited to, office buildings and courthouses;	1306

(h) The design, construction, reconstruction, renovation,	1307
repair, maintenance, and operation of jails, places of juvenile	1308
detention, workhouses, or any other detention facility, as defined	1309
in section 2921.01 of the Revised Code;	1310

(i) The enforcement or nonperformance of any law;

1311

(j) The regulation of traffic, and the erection or	1312
nonerection of traffic signs, signals, or control devices;	1313

(k) The collection and disposal of solid wastes, as defined	1314
in section 3734.01 of the Revised Code, including, but not limited	1315
to, the operation of solid waste disposal facilities, as	1316
"facilities" is defined in that section, and the collection and	1317
management of hazardous waste generated by households. As used in	1318
division (C)(2)(k) of this section, "hazardous waste generated by	1319
households" means solid waste originally generated by individual	1320
households that is listed specifically as hazardous waste in or	1321
exhibits one or more characteristics of hazardous waste as defined	1322
by rules adopted under section 3734.12 of the Revised Code, but	1323
that is excluded from regulation as a hazardous waste by those	1324
rules.	1325

(l) The provision or nonprovision, planning or design,	1326
construction, or reconstruction of a public improvement,	1327
including, but not limited to, a sewer system;	1328

(m) The operation of a job and family services department or	1329
agency, including, but not limited to, the provision of assistance	1330
to aged and infirm persons and to persons who are indigent;	1331

(n) The operation of a health board, department, or agency,	1332
including, but not limited to, any statutorily required or	1333
permissive program for the provision of immunizations or other	1334
inoculations to all or some members of the public, provided that a	1335
"governmental function" does not include the supply, manufacture,	1336
distribution, or development of any drug or vaccine employed in	1337
any such immunization or inoculation program by any supplier,	1338
manufacturer, distributor, or developer of the drug or vaccine;	1339

(o) The operation of mental health facilities, mental	1340
retardation or developmental disabilities facilities, alcohol	1341
treatment and control centers, and children's homes or agencies;	1342

(p) The provision or nonprovision of inspection services of	1343
all types, including, but not limited to, inspections in	1344
connection with building, zoning, sanitation, fire, plumbing, and	1345
electrical codes, and the taking of actions in connection with	1346
those types of codes, including, but not limited to, the approval	1347
of plans for the construction of buildings or structures and the	1348
issuance or revocation of building permits or stop work orders in	1349
connection with buildings or structures;	1350

(q) Urban renewal projects and the elimination of slum	1351
conditions;	1352

(r) Flood control measures;

1353

(s) The design, construction, reconstruction, renovation,	1354
operation, care, repair, and maintenance of a township cemetery;	1355

(t) The issuance of revenue obligations under section 140.06	1356
of the Revised Code;	1357

(u) The design, construction, reconstruction, renovation,	1358
repair, maintenance, and operation of any school athletic	1359
facility, school auditorium, or gymnasium or any recreational area	1360
or facility, including, but not limited to, any of the following:	1361

(i) A park, playground, or playfield;

1362

(ii) An indoor recreational facility;

1363

(iii) A zoo or zoological park;

1364

(iv) A bath, swimming pool, pond, water park, wading pool,	1365
wave pool, water slide, or other type of aquatic facility;	1366

(v) A golf course;

1367

(vi) A bicycle motocross facility or other type of	1368
recreational area or facility in which bicycling, skating, skate	1369
boarding, or scooter riding is engaged;	1370

(vii) A rope course or climbing walls;

1371

(viii) An all-purpose vehicle facility in which all-purpose	1372
vehicles, as defined in section 4519.01 of the Revised Code, are	1373
contained, maintained, or operated for recreational activities.	1374

(v) The provision of public defender services by a county or	1375
joint county public defender's office pursuant to Chapter 120. of	1376
the Revised Code;	1377

(w)(i) At any time before regulations prescribed pursuant to	1378
49 U.S.C.A 20153 become effective, the designation, establishment,	1379
design, construction, implementation, operation, repair, or	1380
maintenance of a public road rail crossing in a zone within a	1381
municipal corporation in which, by ordinance, the legislative	1382
authority of the municipal corporation regulates the sounding of	1383
locomotive horns, whistles, or bells;	1384

(ii) On and after the effective date of regulations	1385
prescribed pursuant to 49 U.S.C.A. 20153, the designation,	1386
establishment, design, construction, implementation, operation,	1387
repair, or maintenance of a public road rail crossing in such a	1388
zone or of a supplementary safety measure, as defined in 49	1389
U.S.C.A 20153, at or for a public road rail crossing, if and to	1390
the extent that the public road rail crossing is excepted,	1391
pursuant to subsection (c) of that section, from the requirement	1392
of the regulations prescribed under subsection (b) of that	1393
section.	1394

(x) A function that the general assembly mandates a political	1395
subdivision to perform.	1396

(D) "Law" means any provision of the constitution, statutes,	1397
or rules of the United States or of this state; provisions of	1398
charters, ordinances, resolutions, and rules of political	1399
subdivisions; and written policies adopted by boards of education.	1400
When used in connection with the "common law," this definition	1401
does not apply.	1402

(E) "Motor vehicle" has the same meaning as in section	1403
4511.01 of the Revised Code.	1404

(F) "Political subdivision" or "subdivision" means a	1405
municipal corporation, township, county, school district, or other	1406
body corporate and politic responsible for governmental activities	1407
in a geographic area smaller than that of the state. "Political	1408
subdivision" includes, but is not limited to, a county hospital	1409
commission appointed under section 339.14 of the Revised Code,	1410
board of hospital commissioners appointed for a municipal hospital	1411
under section 749.04 of the Revised Code, board of hospital	1412
trustees appointed for a municipal hospital under section 749.22	1413
of the Revised Code, regional planning commission created pursuant	1414
to section 713.21 of the Revised Code, county planning commission	1415
created pursuant to section 713.22 of the Revised Code, joint	1416
planning council created pursuant to section 713.231 of the	1417
Revised Code, interstate regional planning commission created	1418
pursuant to section 713.30 of the Revised Code, port authority	1419
created pursuant to section 4582.02 or 4582.26 of the Revised Code	1420
or in existence on December 16, 1964, regional council established	1421
by political subdivisions pursuant to Chapter 167. of the Revised	1422
Code, emergency planning district and joint emergency planning	1423
district designated under section 3750.03 of the Revised Code,	1424
joint emergency medical services district created pursuant to	1425
section 307.052 of the Revised Code, fire and ambulance district	1426
created pursuant to section 505.375 of the Revised Code, joint	1427
interstate emergency planning district established by an agreement	1428
entered into under that section, county solid waste management	1429
district and joint solid waste management district established	1430
under section 343.01 or 343.012 of the Revised Code, and community	1431
school established under Chapter 3314. of the Revised Code.	1432

(G)(1) "Proprietary function" means a function of a political	1433
subdivision that is specified in division (G)(2) of this section	1434
or that satisfies both of the following:	1435

(a) The function is not one described in division (C)(1)(a)	1436
or (b) of this section and is not one specified in division (C)(2)	1437
of this section;	1438

(b) The function is one that promotes or preserves the public	1439
peace, health, safety, or welfare and that involves activities	1440
that are customarily engaged in by nongovernmental persons.	1441

(2) A "proprietary function" includes, but is not limited to,	1442
the following:	1443

(a) The operation of a hospital by one or more political	1444
subdivisions;	1445

(b) The design, construction, reconstruction, renovation,	1446
repair, maintenance, and operation of a public cemetery other than	1447
a township cemetery;	1448

(c) The establishment, maintenance, and operation of a	1449
utility, including, but not limited to, a light, gas, power, or	1450
heat plant, a railroad, a busline or other transit company, an	1451
airport, and a municipal corporation water supply system;	1452

(d) The maintenance, destruction, operation, and upkeep of a	1453
sewer system;	1454

(e) The operation and control of a public stadium,	1455
auditorium, civic or social center, exhibition hall, arts and	1456
crafts center, band or orchestra, or off-street parking facility.	1457

(H) "Public roads" means public roads, highways, streets,	1458
avenues, alleys, and bridges within a political subdivision.	1459
"Public roads" does not include berms, shoulders, rights-of-way,	1460
or traffic control devices unless the traffic control devices are	1461
mandated by the Ohio manual of uniform traffic control devices.	1462

(I) "State" means the state of Ohio, including, but not	1463
limited to, the general assembly, the supreme court, the offices	1464
of all elected state officers, and all departments, boards,	1465
offices, commissions, agencies, colleges and universities,	1466
institutions, and other instrumentalities of the state of Ohio.	1467
"State" does not include political subdivisions.	1468

Sec. 3702.62.  (A) Any action pursuant to section 140.03,	1469
140.04, 140.05, 307.091, 313.21, 339.01, 339.021, 339.03, 339.06,	1470
339.08, 339.09, 339.12, 339.14, 513.05, 513.07, 513.08, 513.081,	1471
513.12, 513.15, 513.17, 513.171, 749.02, 749.03, 749.14, 749.16,	1472
749.20, 749.25, 749.28, 749.35, 1751.06, or 3707.29 of the Revised	1473
Code shall be taken in accordance with sections 3702.51 to 3702.61	1474
of the Revised Code.	1475

(B) A nursing home certified as an intermediate care facility	1476
for the mentally retarded under Title XIX of the "Social Security	1477
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, that is	1478
required to apply for licensure as a residential facility under	1479
section 5123.19 of the Revised Code is not, with respect to the	1480
portion of the home certified as an intermediate care facility for	1481
the mentally retarded, subject to sections 3702.51 to 3702.61 of	1482
the Revised Code.	1483

Sec. 4115.04.  (A) Every public authority authorized to	1484
contract for or construct with its own forces a public	1485
improvement, before advertising for bids or undertaking such	1486
construction with its own forces, shall have the director of	1487
commerce determine the prevailing rates of wages of mechanics and	1488
laborers in accordance with section 4115.05 of the Revised Code	1489
for the class of work called for by the public improvement, in the	1490
locality where the work is to be performed. Such schedule of wages	1491
shall be attached to and made part of the specifications for the	1492
work, and shall be printed on the bidding blanks where the work is	1493
done by contract. A copy of the bidding blank shall be filed with	1494
the director before such contract is awarded. A minimum rate of	1495
wages for common laborers, on work coming under the jurisdiction	1496
of the department of transportation, shall be fixed in each county	1497
of the state by said department of transportation, in accordance	1498
with section 4115.05 of the Revised Code.	1499

(B) Sections 4115.03 to 4115.16 of the Revised Code do not	1500
apply to:	1501

(1) Public improvements in any case where the federal	1502
government or any of its agencies furnishes by loan or grant all	1503
or any part of the funds used in constructing such improvements,	1504
provided the federal government or any of its agencies prescribes	1505
predetermined minimum wages to be paid to mechanics and laborers	1506
employed in the construction of such improvements;	1507

(2) A participant in a work activity, developmental activity,	1508
or an alternative work activity under sections 5107.40 to 5107.69	1509
of the Revised Code when a public authority directly uses the	1510
labor of the participant to construct a public improvement if the	1511
participant is not engaged in paid employment or subsidized	1512
employment pursuant to the activity;	1513

(3) Public improvements undertaken by, or under contract for,	1514
the board of education of any school district or the governing	1515
board of any educational service center;	1516

(4) Public improvements undertaken by, or under contract for,	1517
a county hospital operated pursuant to Chapter 339. of the Revised	1518
Code or a municipal hospital operated pursuant to Chapter 749. of	1519
the Revised Code if none of the funds used in constructing the	1520
improvements are the proceeds of bonds or other obligations which	1521
are secured by the full faith and credit of the state, thea	1522
county, a township, or a municipal corporation and none of the	1523
funds used in constructing the improvements, including funds used	1524
to repay any amounts borrowed to construct the improvements, are	1525
funds that have been appropriated for that purpose by the state, a	1526
board of county commissioners, the state, a township, or a	1527
municipal corporation from funds generated by the levy of a tax;	1528
provided, however, that a county hospital or municipal hospital	1529
may elect to apply sections 4115.03 to 4115.16 of the Revised Code	1530
to a public improvement undertaken by, or under contract for, the	1531
county hospital.	1532

Section 2. That existing sections 121.22, 133.05, 149.43,	1533
721.15, 721.27, 737.03, 749.02, 749.03, 749.08, 749.10, 749.15,	1534
749.18, 749.24, 749.33, 751.07, 2744.01, 3702.62, and 4115.04 of	1535
the Revised Code are hereby repealed.	1536