As Introduced

(CORRECTED VERSION)

126th General Assembly Regular Session 2005-2006

H. B. No. 239

Representatives Schneider, Reidelbach, Brinkman, Faber, Seitz, Kearns, Flowers, Hood, Aslanides, Blessing, Bubp, Buehrer, Coley, Collier, Combs, Daniels, DeGeeter, Distel, Dolan, Domenick, Driehaus, Fessler, Garrison, Gibbs, Gilb, Hagan, Hoops, Kilbane, Latta, Law, Martin, McGregor, Oelslager, T. Patton, Raga, Raussen, Reinhard, Schaffer, Seaver, Setzer, G. Smith, Taylor, Trakas, Uecker, Wagner, Wagoner, Walcher, White, Widener, Widowfield, Willamowski, Wolpert 

---

A BILL

To amend sections 124.85, 505.60, 505.601, 1343.03,

1

and 5101.55; to amend, for the purpose of adopting

2

a new section number as indicated in parentheses,

3

sections 124.85 (9.04) and 1901.313 (1901.314);

4

and to enact new section 1901.313 and sections

5

9.041, 9.901, 305.172, 306.481, 339.161, 351.081,

6

505.604, 1545.073, 1901.112, 1907.162, 3709.162,

7

and 5101.551 of the Revised Code to prohibit the

8

use of public funds or facilities for

9

nontherapeutic abortions, proscribe public

10

employees acting in the scope of their employment

11

from performing or inducing a nontherapeutic

12

abortion, and to declare that it is the public

13

policy of the state to prefer childbirth over

14

abortion to the extent that is constitutionally

15

permissible.

16

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

Section 1. That sections 124.85, 505.60, 505.601, 1343.03,	17
and 5101.55 be amended; that sections 124.85 (9.04) and 1901.313	18
(1901.314) be amended for the purpose of adopting a new section	19
number as indicated in parentheses; and that new section 1901.313	20
and sections 9.041, 9.901, 305.172, 306.481, 339.161, 351.081,	21
505.604, 1545.073, 1901.112, 1907.162, 3709.162, and 5101.551 of	22
the Revised Code be enacted to read as follows:	23

Sec. 124.85.        Sec. 9.04.  (A) As used in this section:

24

(1) "Nontherapeutic abortion" means an abortion that is	25
performed or induced when the life of the mother would not be	26
endangered if the fetus were carried to term or when the pregnancy	27
of the mother was not the result of rape or incest reported to a	28
law enforcement agency.	29

(2) "Policy, contract, or plan" means a policy, contract, or	30
plan of one or more insurance companies, medical care	31
corporations, health care corporations, health maintenance	32
organizations, preferred provider organizations, or other entities	33
that provides health, medical, hospital, or surgical coverage,	34
benefits, or services to elected or appointed officers or	35
employees of the state, includingor any political subdivision	36
thereof. "Policy, contract, or plan" includes a plan that is	37
associated with a self-insurance program and a policy, contract,	38
or plan that implements a collective bargaining agreement.	39

(3) "Political subdivision" means any body corporate and	40
politic that is responsible for governmental activities in a	41
geographic area smaller than the state, except that "political	42
subdivision" does not include any of the following:	43

(a) A municipal corporation;

44

(b) A school district;

45

(c) A county that has adopted a charter under Section 3 of	46
Article X, Ohio Constitution, to the extent that it is exercising	47
the powers of local self-government as provided in that charter	48
and is subject to Section 3 of Article XVIII, Ohio Constitution.	49

(4) "State" has the same meaning as in section 2744.01 of the	50
Revised Codemeans the state of Ohio, including, but not limited	51
to, the general assembly, the supreme court, the offices of all	52
elected state officers, and all departments, boards, offices,	53
commissions, agencies, colleges and universities, institutions,	54
and other instrumentalities of the state of Ohio. "State" does not	55
include political subdivisions.	56

(B) Subject to division (C) of this section, but	57
notwithstanding other provisions of the Revised Code that conflict	58
with the prohibition specified in this division, funds of the	59
state or any political subdivision thereof shall not be expended	60
directly or indirectly to pay the costs, premiums, or charges	61
associated with a policy, contract, or plan if the policy,	62
contract, or plan provides coverage, benefits, or services related	63
to a nontherapeutic abortion.	64

(C) Division (B) of this section does not preclude the state	65
or any political subdivision thereof from expending funds to pay	66
the costs, premiums, or charges associated with a policy,	67
contract, or plan that includes a rider or other provision offered	68
on an individual basis under which an elected or appointed	69
official or employee who accepts the offer of the rider or	70
provision may obtain coverage of a nontherapeutic abortion through	71
the policy, contract, or plan if the individual pays for all of	72
the costs, premiums, or charges associated with the rider or	73
provision, including all administrative expenses related to the	74
rider or provision and any claim made for a nontherapeutic	75
abortion.	76

(D) In addition to the laws specified in division (A) of	77
section 4117.10 of the Revised Code that prevail over conflicting	78
provisions of agreements between employee organizations and public	79
employers, divisions (B) and (C) of this section shall prevail	80
over conflicting provisions of that nature.	81

Sec. 9.041. It is the public policy of the state of Ohio to	82
prefer childbirth over abortion to the extent that is	83
constitutionally permissible.	84

Sec. 9.901. (A) As used in this section:

85

(1) "Policy, contract, or plan" means a policy, contract, or	86
plan of one or more insurance companies, medical care	87
corporations, health care corporations, health insurance	88
corporations, health maintenance organizations, preferred provider	89
organizations, or other entities that provide health, medical,	90
hospital, or surgical coverage, benefits, or services to elected	91
or appointed officers or employees of the state or a political	92
subdivision thereof. "Policy, contract, or plan" includes a plan	93
that is associated with a self-insurance program and a policy,	94
contract, or plan that implements a collective bargaining	95
agreement.	96

(2) "Political subdivision" means any body corporate and	97
politic that is responsible for governmental activities in a	98
geographic area smaller than the state, except that "political	99
subdivision" does not include any of the following:	100

(a) A municipal corporation;

101

(b) A school district;

102

(c) A county that has adopted a charter under Section 3 of	103
Article X, Ohio Constitution, to the extent that it is exercising	104
the powers of local self-government as provided in that charter	105
and is subject to Section 3 of Article XVIII, Ohio Constitution.	106

(B) Except as provided in division (D) of this section, any	107
policy, contract, or plan procured, contracted for, or paid for	108
pursuant to section 9.90 of the Revised Code shall comply with	109
section 9.04 of the Revised Code.	110

(C) Except as provided in division (D) of this section, any	111
policy, contract, certificate, or agreement issued by at least two	112
health insurance corporations procured pursuant to division (A)(1)	113
of section 9.90 of the Revised Code shall comply with section 9.04	114
of the Revised Code.	115

(D) Divisions (B) and (C) of this section do not apply to a	116
policy, contract, or certificate procured pursuant to division	117
(A)(1) of section 9.90 of the Revised Code by a municipal	118
university.	119

Sec. 305.172. (A) As used in this section:

120

(1) "Policy, contract, or plan" means a policy, contract, or	121
plan of one or more insurance companies, medical care	122
corporations, health care corporations, health insurance	123
corporations, health maintenance organizations, preferred provider	124
organizations, or other entities that provide health, medical,	125
hospital, or surgical coverage, benefits, or services to elected	126
or appointed officers or employees of the state or a political	127
subdivision thereof. "Policy, contract, or plan" includes a plan	128
that is associated with a self-insurance program and a policy,	129
contract, or plan that implements a collective bargaining	130
agreement.	131

(2) "Political subdivision" means any body corporate and	132
politic that is responsible for governmental activities in a	133
geographic area smaller than the state, except that "political	134
subdivision" does not include any of the following:	135

(a) A municipal corporation;

136

(b) A school district;

137

(c) A county that has adopted a charter under Section 3 of	138
Article X, Ohio Constitution, to the extent that it is exercising	139
the powers of local self-government as provided in that charter	140
and is subject to Section 3 of Article XVIII, Ohio Constitution.	141

(B) Any policy, contract, or plan procured, contracted for,	142
or paid for pursuant to section 305.171 of the Revised Code shall	143
comply with section 9.04 of the Revised Code.	144

Sec. 306.481. (A) As used in this section:

145

(1) "Policy, contract, or plan" means a policy, contract, or	146
plan of one or more insurance companies, medical care	147
corporations, health care corporations, health insurance	148
corporations, health maintenance organizations, preferred provider	149
organizations, or other entities that provide health, medical,	150
hospital, or surgical coverage, benefits, or services to elected	151
or appointed officers or employees of the state or a political	152
subdivision thereof. "Policy, contract, or plan" includes a plan	153
that is associated with a self-insurance program and a policy,	154
contract, or plan that implements a collective bargaining	155
agreement.	156

(2) "Political subdivision" means any body corporate and	157
politic that is responsible for governmental activities in a	158
geographic area smaller than the state, except that "political	159
subdivision" does not include any of the following:	160

(a) A municipal corporation;

161

(b) A school district;

162

(c) A county that has adopted a charter under Section 3 of	163
Article X, Ohio Constitution, to the extent that it is exercising	164
the powers of local self-government as provided in that charter	165
and is subject to Section 3 of Article XVIII, Ohio Constitution.	166

(B) Any policy, contract, or plan procured, contracted for,	167
or paid for pursuant to section 306.48 of the Revised Code shall	168
comply with section 9.04 of the Revised Code.	169

Sec. 339.161. (A) As used in this section:

170

(1) "Policy, contract, or plan" means a policy, contract, or	171
plan of one or more insurance companies, medical care	172
corporations, health care corporations, health insurance	173
corporations, health maintenance organizations, preferred provider	174
organizations, or other entities that provide health, medical,	175
hospital, or surgical coverage, benefits, or services to elected	176
or appointed officers or employees of the state or a political	177
subdivision thereof. "Policy, contract, or plan" includes a plan	178
that is associated with a self-insurance program and a policy,	179
contract, or plan that implements a collective bargaining	180
agreement.	181

(2) "Political subdivision" means any body corporate and	182
politic that is responsible for governmental activities in a	183
geographic area smaller than the state, except that "political	184
subdivision" does not include any of the following:	185

(a) A municipal corporation;

186

(b) A school district;

187

(c) A county that has adopted a charter under Section 3 of	188
Article X, Ohio Constitution, to the extent that it is exercising	189
the powers of local self-government as provided in that charter	190
and is subject to Section 3 of Article XVIII, Ohio Constitution.	191

(B) Any policy, contract, or plan procured, contracted for,	192
or paid for pursuant to section 339.16 of the Revised Code shall	193
comply with section 9.04 of the Revised Code.	194

Sec. 351.081. (A) As used in this section:

195

(1) "Policy, contract, or plan" means a policy, contract, or	196
plan of one or more insurance companies, medical care	197
corporations, health care corporations, health insurance	198
corporations, health maintenance organizations, preferred provider	199
organizations, or other entities that provide health, medical,	200
hospital, or surgical coverage, benefits, or services to elected	201
or appointed officers or employees of the state or a political	202
subdivision thereof. "Policy, contract, or plan" includes a plan	203
that is associated with a self-insurance program and a policy,	204
contract, or plan that implements a collective bargaining	205
agreement.	206

(2) "Political subdivision" means any body corporate and	207
politic that is responsible for governmental activities in a	208
geographic area smaller than the state, except that "political	209
subdivision" does not include any of the following:	210

(a) A municipal corporation;

211

(b) A school district;

212

(c) A county that has adopted a charter under Section 3 of	213
Article X, Ohio Constitution, to the extent that it is exercising	214
the powers of local self-government as provided in that charter	215
and is subject to Section 3 of Article XVIII, Ohio Constitution.	216

(B) Any policy, contract, or plan procured, contracted for,	217
or paid for pursuant to section 351.08 of the Revised Code shall	218
comply with section 9.04 of the Revised Code.	219

Sec. 505.60.  (A) As provided in this section and section	220
505.601 of the Revised Code, the board of township trustees of any	221
township may procure and pay all or any part of the cost of	222
insurance policies that may provide benefits for hospitalization,	223
surgical care, major medical care, disability, dental care, eye	224
care, medical care, hearing aids, prescription drugs, or sickness	225
and accident insurance, or a combination of any of the foregoing	226
types of insurance for township officers and employees. The board	227
of township trustees of any township may negotiate and contract	228
for the purchase of a policy of long-term care insurance for	229
township officers and employees pursuant to section 124.841 of the	230
Revised Code.	231

(B) If the board procures any insurance policies under this	232
section, the board shall provide uniform coverage under these	233
policies for township officers and full-time township employees	234
and their immediate dependents, and may provide coverage under	235
these policies for part-time township employees and their	236
immediate dependents, from the funds or budgets from which the	237
officers or employees are compensated for services, such policies	238
to be issued by an insurance company duly authorized to do	239
business in this state. Any township officer or employee may	240
refuse to accept the insurance coverage without affecting the	241
availability of such insurance coverage to other township officers	242
and employees.	243

The board may also contract for group health care services	244
with health insuring corporations holding certificates of	245
authority under Chapter 1751. of the Revised Code for township	246
officers and employees. If the board so contracts, it shall	247
provide uniform coverage under any such contracts for township	248
officers and full-time township employees and their immediate	249
dependents and may provide coverage under such contracts for	250
part-time township employees and their immediate dependents,	251
provided that each officer and employee so covered is permitted	252
to:	253

(1) Choose between a plan offered by an insurance company and	254
a plan offered by a health insuring corporation, and provided	255
further that the officer or employee pays any amount by which the	256
cost of the plan chosen exceeds the cost of the plan offered by	257
the board under this section;	258

(2) Change the choice made under division (B) of this section	259
at a time each year as determined in advance by the board.	260

An addition of a class or change of definition of coverage to	261
the plan offered by the board may be made at any time that it is	262
determined by the board to be in the best interest of the	263
township. If the total cost to the township of the revised plan	264
for any trustee's coverage does not exceed that cost under the	265
plan in effect during the prior policy year, the revision of the	266
plan does not cause an increase in that trustee's compensation.	267

(C) If any township officer or employee is denied coverage	268
under a health care plan procured under division (B) of this	269
section or if any township officer or employee elects not to	270
participate in the township's health care plan, the township may	271
reimburse the officer or employee for each out-of-pocket premium	272
that the officer or employee incurs for insurance policies	273
described in division (A) of this section that the officer or	274
employee otherwise obtains, butless any premium amounts paid for	275
or attributable to coverage for nontherapeutic abortion. The	276
reimbursement shall not to exceed an amount equal to the average	277
premium paid by the township for its officers and employees under	278
policies it procures under division (B) of this section.	279

(D) The board may provide the benefits authorized under this	280
section, without competitive bidding, by contributing to a health	281
and welfare trust fund administered through or in conjunction with	282
a collective bargaining representative of the township employees.	283

The board may also provide the benefits described in this	284
section through an individual self-insurance program or a joint	285
self-insurance program as provided in section 9.833 of the Revised	286
Code.	287

(E) If a board of township trustees fails to pay one or more	288
premiums for a policy, contract, or plan of insurance or health	289
care services authorized by division (A) or (B) of this section	290
and the failure causes a lapse, cancellation, or other termination	291
of coverage under the policy, contract, or plan, it may reimburse	292
a township officer or employee for, or pay on behalf of the	293
officer or employee, any expenses incurred that would have been	294
covered under the policy, contract, or plan.	295

(F) As used in this section and section 505.601 of the	296
Revised Code:	297

(1) "Nontherapeutic abortion" means an abortion that is	298
performed or induced when the life of the mother would not be	299
endangered if the fetus were carried to term.	300

(2) "Part-time township employee" means a township employee	301
who is hired with the expectation that the employee will work not	302
more than one thousand five hundred hours in any year.	303

(2)(3) "Premium" does not include any deductible or health	304
care costs paid directly by a township officer or employee.	305

Sec. 505.601. (A) If a board of township trustees does not	306
procure an insurance policy or group health care services as	307
provided in section 505.60 of the Revised Code, the board of	308
township trustees may reimburse any township officer or employee	309
for each out-of-pocket premium that the officer or employee incurs	310
for insurance policies described in division (A) of section 505.60	311
of the Revised Code that the officer or employee otherwise	312
obtains, if all of the following conditions are met:	313

(A)(1) The board of township trustees adopts a resolution	314
that states that the township has chosen not to procure a health	315
care plan under section 505.60 of the Revised Code and has chosen	316
instead to reimburse its officers and employees for each	317
out-of-pocket premium that they incur for insurance policies	318
described in division (A) of section 505.60 of the Revised Code	319
that they otherwise obtain.	320

(B)(2) That resolution provides for a uniform maximum monthly	321
or yearly payment amount for each officer or employee, beyond	322
which the township will not reimburse the officer or employee.	323

(C)(3) That resolution states the specific benefits listed in	324
division (A) of section 505.60 of the Revised Code for which the	325
township will reimburse all officers and employees of the	326
township. The	327

(B) The township may not reimburse officers and employees for	328
benefits other than those listed in division (A) of section 505.60	329
of the Revised Code.	330

(C) The reimbursement amount shall equal the premium paid for	331
insurance policies authorized in division (A) of section 505.06 of	332
the Revised Code, less any premium amounts paid for or	333
attributable to coverage for nontherapeutic abortion.	334

Sec. 505.604. (A) As used in this section:

335

(1) "Policy, contract, or plan" means a policy, contract, or	336
plan of one or more insurance companies, medical care	337
corporations, health care corporations, health insurance	338
corporations, health maintenance organizations, preferred provider	339
organizations, or other entities that provide health, medical,	340
hospital, or surgical coverage, benefits, or services to elected	341
or appointed officers or employees of the state or a political	342
subdivision thereof. "Policy, contract, or plan" includes a plan	343
that is associated with a self-insurance program and a policy,	344
contract, or plan that implements a collective bargaining	345
agreement.	346

(2) "Political subdivision" means any body corporate and	347
politic that is responsible for governmental activities in a	348
geographic area smaller than the state, except that "political	349
subdivision" does not include any of the following:	350

(a) A municipal corporation;

351

(b) A school district;

352

(c) A county that has adopted a charter under Section 3 of	353
Article X, Ohio Constitution, to the extent that it is exercising	354
the powers of local self-government as provided in that charter	355
and is subject to Section 3 of Article XVIII, Ohio Constitution.	356

(B) Any policy, contract, or plan procured, contracted for,	357
or paid for pursuant to section 505.60 of the Revised Code shall	358
comply with section 9.04 of the Revised Code.	359

Sec. 1343.03.  (A) In cases other than those provided for in	360
sections 1343.01 and 1343.02 of the Revised Code, when money	361
becomes due and payable upon any bond, bill, note, or other	362
instrument of writing, upon any book account, upon any settlement	363
between parties, upon all verbal contracts entered into, and upon	364
all judgments, decrees, and orders of any judicial tribunal for	365
the payment of money arising out of tortious conduct or a contract	366
or other transaction, the creditor is entitled to interest at the	367
rate per annum determined pursuant to section 5703.47 of the	368
Revised Code, unless a written contract provides a different rate	369
of interest in relation to the money that becomes due and payable,	370
in which case the creditor is entitled to interest at the rate	371
provided in that contract. Notification of the interest rate per	372
annum shall be provided pursuant to sections 319.19, 1901.313	373
1901.314, 1907.202, 2303.25, and 5703.47 of the Revised Code.	374

(B) Except as provided in divisions (C) and (D) of this	375
section and subject to section 2325.18 of the Revised Code,	376
interest on a judgment, decree, or order for the payment of money	377
rendered in a civil action based on tortious conduct or a contract	378
or other transaction, including, but not limited to a civil action	379
based on tortious conduct or a contract or other transaction that	380
has been settled by agreement of the parties, shall be computed	381
from the date the judgment, decree, or order is rendered to the	382
date on which the money is paid and shall be at the rate	383
determined pursuant to section 5703.47 of the Revised Code that is	384
in effect on the date the judgment, decree, or order is rendered.	385
That rate shall remain in effect until the judgment, decree, or	386
order is satisfied.	387

(C)(1) If, upon motion of any party to a civil action that is	388
based on tortious conduct, that has not been settled by agreement	389
of the parties, and in which the court has rendered a judgment,	390
decree, or order for the payment of money, the court determines at	391
a hearing held subsequent to the verdict or decision in the action	392
that the party required to pay the money failed to make a good	393
faith effort to settle the case and that the party to whom the	394
money is to be paid did not fail to make a good faith effort to	395
settle the case, interest on the judgment, decree, or order shall	396
be computed as follows:	397

(a) In an action in which the party required to pay the money	398
has admitted liability in a pleading, from the date the cause of	399
action accrued to the date on which the order, judgment, or decree	400
was rendered;	401

(b) In an action in which the party required to pay the money	402
engaged in the conduct resulting in liability with the deliberate	403
purpose of causing harm to the party to whom the money is to be	404
paid, from the date the cause of action accrued to the date on	405
which the order, judgment, or decree was rendered;	406

(c) In all other actions, for the longer of the following	407
periods:	408

(i) From the date on which the party to whom the money is to	409
be paid gave the first notice described in division (C)(1)(c)(i)	410
of this section to the date on which the judgment, order, or	411
decree was rendered. The period described in division (C)(1)(c)(i)	412
of this section shall apply only if the party to whom the money is	413
to be paid made a reasonable attempt to determine if the party	414
required to pay had insurance coverage for liability for the	415
tortious conduct and gave to the party required to pay and to any	416
identified insurer, as nearly simultaneously as practicable,	417
written notice in person or by certified mail that the cause of	418
action had accrued.	419

(ii) From the date on which the party to whom the money is to	420
be paid filed the pleading on which the judgment, decree, or order	421
was based to the date on which the judgment, decree, or order was	422
rendered.	423

(2) No court shall award interest under division (C)(1) of	424
this section on future damages, as defined in section 2323.56 of	425
the Revised Code, that are found by the trier of fact.	426

(D) Division (B) of this section does not apply to a	427
judgment, decree, or order rendered in a civil action based on	428
tortious conduct or a contract or other transaction, and division	429
(C) of this section does not apply to a judgment, decree, or order	430
rendered in a civil action based on tortious conduct, if a	431
different period for computing interest on it is specified by law,	432
or if it is rendered in an action against the state in the court	433
of claims, or in an action under Chapter 4123. of the Revised	434
Code.	435

Sec. 1545.073. (A) As used in this section:

436

(1) "Policy, contract, or plan" means a policy, contract, or	437
plan of one or more insurance companies, medical care	438
corporations, health care corporations, health insurance	439
corporations, health maintenance organizations, preferred provider	440
organizations, or other entities that provide health, medical,	441
hospital, or surgical coverage, benefits, or services to elected	442
or appointed officers or employees of the state or a political	443
subdivision thereof. "Policy, contract, or plan" includes a plan	444
that is associated with a self-insurance program and a policy,	445
contract, or plan that implements a collective bargaining	446
agreement.	447

(2) "Political subdivision" means any body corporate and	448
politic that is responsible for governmental activities in a	449
geographic area smaller than the state, except that "political	450
subdivision" does not include any of the following:	451

(a) A municipal corporation;

452

(b) A school district;

453

(c) A county that has adopted a charter under Section 3 of	454
Article X, Ohio Constitution, to the extent that it is exercising	455
the powers of local self-government as provided in that charter	456
and is subject to Section 3 of Article XVIII, Ohio Constitution.	457

(B) Any policy, contract, or plan procured, contracted for,	458
or paid for pursuant to section 1545.071 of the Revised Code shall	459
comply with section 9.04 of the Revised Code.	460

Sec. 1901.112. (A) As used in this section:

461

(1) "Policy, contract, or plan" means a policy, contract, or	462
plan of one or more insurance companies, medical care	463
corporations, health care corporations, health insurance	464
corporations, health maintenance organizations, preferred provider	465
organizations, or other entities that provide health, medical,	466
hospital, or surgical coverage, benefits, or services to elected	467
or appointed officers or employees of the state or a political	468
subdivision thereof. "Policy, contract, or plan" includes a plan	469
that is associated with a self-insurance program and a policy,	470
contract, or plan that implements a collective bargaining	471
agreement.	472

(2) "Political subdivision" means any body corporate and	473
politic that is responsible for governmental activities in a	474
geographic area smaller than the state, except that "political	475
subdivision" does not include any of the following:	476

(a) A municipal corporation;

477

(b) A school district;

478

(c) A county that has adopted a charter under Section 3 of	479
Article X, Ohio Constitution, to the extent that it is exercising	480
the powers of local self-government as provided in that charter	481
and is subject to Section 3 of Article XVIII, Ohio Constitution.	482

(B) Any policy, contract, or plan procured, contracted for,	483
or paid for pursuant to section 1901.111 of the Revised Code shall	484
comply with section 9.04 of the Revised Code.	485

Sec. 1901.313. (A) As used in this section:

486

(1) "Policy, contract, or plan" means a policy, contract, or	487
plan of one or more insurance companies, medical care	488
corporations, health care corporations, health insurance	489
corporations, health maintenance organizations, preferred provider	490
organizations, or other entities that provide health, medical,	491
hospital, or surgical coverage, benefits, or services to elected	492
or appointed officers or employees of the state or a political	493
subdivision thereof. "Policy, contract, or plan" includes a plan	494
that is associated with a self-insurance program and a policy,	495
contract, or plan that implements a collective bargaining	496
agreement.	497

(2) "Political subdivision" means any body corporate and	498
politic that is responsible for governmental activities in a	499
geographic area smaller than the state, except that "political	500
subdivision" does not include any of the following:	501

(a) A municipal corporation;

502

(b) A school district;

503

(c) A county that has adopted a charter under Section 3 of	504
Article X, Ohio Constitution, to the extent that it is exercising	505
the powers of local self-government as provided in that charter	506
and is subject to Section 3 of Article XVIII, Ohio Constitution.	507

(B) Any policy, contract, or plan procured, contracted for,	508
or paid for pursuant to section 1901.312 of the Revised Code shall	509
comply with section 9.04 of the Revised Code.	510

Sec. 1901.313.        Sec. 1901.314.  Upon receiving the notification of	511
the interest rate per annum from the county auditor pursuant to	512
section 319.19 of the Revised Code, the clerk of a municipal court	513
shall post or cause to be posted notice of that interest rate per	514
annum in a conspicuous and public location in or near the office	515
of the clerk of the court in the courthouse or building in which	516
the municipal court is located.	517

Sec. 1907.162. (A) As used in this section:

518

(1) "Policy, contract, or plan" means a policy, contract, or	519
plan of one or more insurance companies, medical care	520
corporations, health care corporations, health insurance	521
corporations, health maintenance organizations, preferred provider	522
organizations, or other entities that provide health, medical,	523
hospital, or surgical coverage, benefits, or services to elected	524
or appointed officers or employees of the state or a political	525
subdivision thereof. "Policy, contract, or plan" includes a plan	526
that is associated with a self-insurance program and a policy,	527
contract, or plan that implements a collective bargaining	528
agreement.	529

(2) "Political subdivision" means any body corporate and	530
politic that is responsible for governmental activities in a	531
geographic area smaller than the state, except that "political	532
subdivision" does not include any of the following:	533

(a) A municipal corporation;

534

(b) A school district;

535

(c) A county that has adopted a charter under Section 3 of	536
Article X, Ohio Constitution, to the extent that it is exercising	537
the powers of local self-government as provided in that charter	538
and is subject to Section 3 of Article XVIII, Ohio Constitution.	539

(B) Any policy, contract, or plan procured, contracted for,	540
or paid for pursuant to section 1907.161 of the Revised Code shall	541
comply with section 9.04 of the Revised Code.	542

Sec. 3709.162. (A) As used in this section:

543

(1) "Policy, contract, or plan" means a policy, contract, or	544
plan of one or more insurance companies, medical care	545
corporations, health care corporations, health insurance	546
corporations, health maintenance organizations, preferred provider	547
organizations, or other entities that provide health, medical,	548
hospital, or surgical coverage, benefits, or services to elected	549
or appointed officers or employees of the state or a political	550
subdivision thereof. "Policy, contract, or plan" includes a plan	551
that is associated with a self-insurance program and a policy,	552
contract, or plan that implements a collective bargaining	553
agreement.	554

(2) "Political subdivision" means any body corporate and	555
politic that is responsible for governmental activities in a	556
geographic area smaller than the state, except that "political	557
subdivision" does not include any of the following:	558

(a) A municipal corporation;

559

(b) A school district;

560

(c) A county that has adopted a charter under Section 3 of	561
Article X, Ohio Constitution, to the extent that it is exercising	562
the powers of local self-government as provided in that charter	563
and is subject to Section 3 of Article XVIII, Ohio Constitution.	564

(B) Any policy, contract, or plan procured, contracted for,	565
or paid for pursuant to section 3709.16 of the Revised Code shall	566
comply with section 9.04 of the Revised Code.	567

Sec. 5101.55.  (A) No person shall be ordered by a public	568
agency or any person to submit to an abortion.	569

(B) The refusal of any person to submit to an abortion or to	570
give consent therefor shall not result in the loss of public	571
assistance benefits or any other rights or privileges.	572

(C) StateExcept as provided in division (D) of this section,	573
state or local public funds shall not be used to subsidize an	574
abortion, unless the abortion is necessary to preserve the life or	575
physical or mental health of the pregnant woman and this fact is	576
certified in writing by the performing physician to the state or	577
local agency providing the funds.	578

(D) State or local public funds may be used to subsidize an	579
abortion if all of the following apply:	580

(1) The pregnancy is the result of rape or incest.

581

(2) The federal government requires funding for the abortion	582
as a requirement for participation in a federal program.	583

(3) Federal funds are provided for part of the cost of the	584
abortion.	585

(4) Unless enforcement of this requirement would adversely	586
affect eligibility for federal funding, one of the following is	587
the case:	588

(a) The pregnant woman, her legal guardian, or the person who	589
reported the rape or incest to the law enforcement agency provides	590
written certification to the entity providing the funding that a	591
report of the rape or incest was filed before performance of the	592
abortion with a law enforcement agency having jurisdiction.	593

(b) The physician performing the abortion provides written	594
certification to the entity providing the funding that the	595
pregnant woman was physically unable to comply with division	596
(D)(4)(a) of this section.	597

Sec. 5101.551.  (A) As used in this section:

598

(1) "Political subdivision" means any body corporate and	599
politic that is responsible for governmental activities in a	600
geographic area smaller than the state, except that "political	601
subdivision" does not include either of the following:	602

(a) A municipal corporation;

603

(b) A county that has adopted a charter under Section 3 of	604
Article X, Ohio Constitution, to the extent that it is exercising	605
the powers of local self-government as provided in that charter	606
and is subject to Section 3 of Article XVIII, Ohio Constitution.	607

(2) "Public employee" means any person employed by this state	608
or any agency, institution, instrumentality, or political	609
subdivision thereof. "Public employee" includes an employee of any	610
state university, state medical college, health district, joint	611
hospital, or public hospital agency.	612

(3) "Public facility" means any institution, structure,	613
equipment, or physical asset that is owned, leased, or controlled	614
by this state or any agency, institution, instrumentality, or	615
political subdivision thereof. "Public facility" includes any	616
state university, state medical college, health district, joint	617
hospital, or public hospital agency.	618

(B) No public facility shall be used for the purpose of	619
performing or inducing an abortion, unless the abortion is	620
necessary to preserve the life of the pregnant woman.	621

(C) No public employee within the scope of employment shall	622
perform or induce an abortion, unless the abortion is necessary to	623
preserve the life of the pregnant woman.	624

Section 2. That existing sections 124.85, 505.60, 505.601,	625
1343.03, 1901.313, and 5101.55 of the Revised Code are hereby	626
repealed.	627

Section 3. The amendments to sections 124.85 (9.04), 505.60,	628
and 505.601 of the Revised Code and the enactment of new section	629
1901.313 and sections 9.901, 305.172, 306.481, 339.161, 351.081,	630
505.604, 1545.073, 1901.112, 1907.162, and 3709.162 of the Revised	631
Code apply to policies, contracts, and plans that are issued,	632
established, renewed, modified, or subject to a period of open	633
enrollment on or after the effective date of this act.	634