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To amend sections 101.23, 101.82, 101.83, 101.84, | 1 |
101.85, 101.86, 122.011, 122.40, 123.151, 149.56, | 2 |
307.674, 340.02, 1501.04, 1502.04, 1502.05, | 3 |
1502.11, 1502.12, 1506.30, 1506.34, 1506.35, | 4 |
1517.02, 1517.23, 1518.01, 1518.03, 1551.35, | 5 |
2323.44, 3358.10, 3375.61, 3375.62, 3383.01, | 6 |
3383.02, 3383.03, 3383.04, 3383.05, 3383.06, | 7 |
3383.07, 3383.08, 3383.09, 3746.09, 3746.35, | 8 |
3747.02, 3748.01, 3748.02, 3748.04, 3748.05, | 9 |
3748.16, 3929.482, 3929.85, 3931.01, 3955.05, | 10 |
3960.06, 4117.01, 4121.442, 4167.09, 4167.25, | 11 |
4167.27, 4731.143, 4741.03, 4755.481, 4981.03, | 12 |
5123.35, and 5123.352 of the Revised Code, to | 13 |
amend Section 4 of Am. Sub. H.B. 516 of the 125th | 14 |
General Assembly, and to repeal Section 8 of Am. | 15 |
S.B. 80 of the 125th General Assembly to exempt | 16 |
ten state governmental entities from the operation | 17 |
of the Sunset Review Law, to change the membership | 18 |
of the Ohio Subrogation Rights Commission and | 19 |
accelerate its commencement date, to confirm the | 20 |
sunset review and related amendments, enactments, | 21 |
and repeals of Am. Sub. H.B. 516 of the 125th | 22 |
General Assembly, and to declare an emergency. | 23 |
Section 1. That sections 101.23, 101.82, 101.83, 101.84, | 24 |
101.85, 101.86, 122.011, 122.40, 123.151, 149.56, 307.674, 340.02, | 25 |
1501.04, 1502.04, 1502.05, 1502.11, 1502.12, 1506.30, 1506.34, | 26 |
1506.35, 1517.02, 1517.23, 1518.01, 1518.03, 1551.35, 2323.44, | 27 |
3358.10, 3375.61, 3375.62, 3383.01, 3383.02, 3383.03, 3383.04, | 28 |
3383.05, 3383.06, 3383.07, 3383.08, 3383.09, 3746.09, 3746.35, | 29 |
3747.02, 3748.01, 3748.02, 3748.04, 3748.05, 3748.16, 3929.482, | 30 |
3929.85, 3931.01, 3955.05, 3960.06, 4117.01, 4121.442, 4167.09, | 31 |
4167.25, 4167.27, 4731.143, 4741.03, 4755.481, 4981.03, 5123.35, | 32 |
and 5123.352 of the Revised Code be amended to read as follows: | 33 |
Sec. 101.23. The oath of office of senators and | 34 |
representatives | 35 |
senate | 36 |
representatives | 37 |
administrative officer and the clerk of the house of | 38 |
representatives, and their assistants | 39 |
and assistant sergeant at arms of each house may be administered | 40 |
by a member | 41 |
42 | |
the general assembly, or by a person authorized to administer | 43 |
oaths. | 44 |
Sec. 101.82. As used in sections 101.82 to 101.87 of the | 45 |
Revised Code: | 46 |
(A) "Agency" means any board, commission, committee, or | 47 |
council, or any other similar state public body required to be | 48 |
established pursuant to state statutes for the exercise of any | 49 |
function of state government and to which members are appointed or | 50 |
elected. "Agency" does not include the following: | 51 |
(1) The general assembly, or any commission, committee, or | 52 |
other body composed entirely of members of the general assembly; | 53 |
(2) Any court; | 54 |
(3) Any public body created by or directly pursuant to the | 55 |
constitution of this state; | 56 |
(4) The board of trustees of any institution of higher | 57 |
education financially supported in whole or in part by the state; | 58 |
(5) Any public body that has the authority to issue bonds or | 59 |
notes or that has issued bonds or notes that have not been fully | 60 |
repaid; | 61 |
(6) The public utilities commission of Ohio; | 62 |
(7) The consumers' council governing board; | 63 |
(8) The Ohio board of regents; | 64 |
(9) Any state board or commission that has the authority to | 65 |
issue any final adjudicatory order that may be appealed to the | 66 |
court of common pleas under Chapter 119. of the Revised Code; | 67 |
(10) Any board of elections; | 68 |
(11) The board of directors of the Ohio insurance guaranty | 69 |
association and the board of governors of the Ohio fair plan | 70 |
underwriting association; | 71 |
(12) The Ohio public employees deferred compensation board; | 72 |
(13) The Ohio retirement study council; | 73 |
(14) The board of trustees of the Ohio police and fire | 74 |
pension fund, public employees retirement board, school employees | 75 |
retirement board, state highway patrol retirement board, and state | 76 |
teachers retirement board; | 77 |
(15) The industrial commission; | 78 |
(16) The parole board; | 79 |
(17) The board of tax appeals; | 80 |
(18) The controlling board; | 81 |
(19) The release authority of department of youth services; | 82 |
(20) The environmental review appeals commission; | 83 |
(21) The Ohio ethics commission; | 84 |
(22) The Ohio public works commission; | 85 |
(23) The self-insuring employers evaluation board; | 86 |
(24) The state board of deposit; | 87 |
(25) The state employment relations board. | 88 |
(B) "Abolish" means to repeal the statutes creating and | 89 |
empowering an agency, remove its personnel, and transfer its | 90 |
records to the department of administrative services pursuant to | 91 |
division (E) of section 149.331 of the Revised Code. | 92 |
(C) "Terminate" means to amend or repeal the statutes | 93 |
creating and empowering an agency, remove its personnel, and | 94 |
reassign its functions and records to another agency or officer | 95 |
designated by the general assembly. | 96 |
(D) "Transfer" means to amend the statutes creating and | 97 |
empowering an agency so that its functions, records, and personnel | 98 |
are conveyed to another agency or officer. | 99 |
(E) "Renew" means to continue an agency, and may include | 100 |
amendment of the statutes creating and empowering the agency, or | 101 |
recommendations for changes in agency operation or personnel. | 102 |
Sec. 101.83. (A) An agency in existence on January 1,
| 103 |
2005, shall expire on December 31, | 104 |
renewed in accordance with division (D) of this section and, if so | 105 |
renewed, shall expire thereafter on the thirty-first day of | 106 |
December of the fourth year after the year in which it was most | 107 |
recently renewed unless the agency is renewed in accordance with | 108 |
division (D) of this section. An agency created after January 1, | 109 |
110 | |
shall expire not later than four years after its creation, unless | 111 |
the agency is renewed in accordance with division (D) of this | 112 |
section.
An agency created
after January 1, | 113 |
created on any other date shall be considered for the purpose of | 114 |
this section to have been created on the preceding thirty-first | 115 |
day of December, and the agency shall expire not later than four | 116 |
years after the date it was considered to have been created, | 117 |
unless the agency is renewed in accordance with division (D) of | 118 |
this section. Any act creating or renewing an agency shall contain | 119 |
a distinct section providing a specific expiration date for the | 120 |
agency in accordance with this division. | 121 |
(B) If the general assembly does not renew or transfer an | 122 |
agency on or before its expiration date, it shall expire on that | 123 |
date. | 124 |
The auditor of state shall not authorize the expenditure of | 125 |
any moneys for any agency on or after the date of its expiration. | 126 |
(C) The general assembly may provide by law for the orderly, | 127 |
efficient, and expeditious conclusion of an agency's business and | 128 |
operation. The rules, orders, licenses, contracts, and other | 129 |
actions made, taken, granted, or performed by the agency shall | 130 |
continue in effect according to their terms notwithstanding the | 131 |
agency's abolition, unless the general assembly provides otherwise | 132 |
by law. The general assembly may provide by law for the temporary | 133 |
or permanent transfer of some or all of a terminated or | 134 |
transferred agency's functions and personnel to a successor agency | 135 |
or officer. | 136 |
The abolition, termination, or transfer of an agency shall | 137 |
not cause the termination or dismissal of any claim pending | 138 |
against the agency by any person, or any claim pending against any | 139 |
person by the agency. Unless the general assembly provides | 140 |
otherwise by law for the substitution of parties, the attorney | 141 |
general shall succeed the agency with reference to any pending | 142 |
claim. | 143 |
(D) An agency may be renewed by passage of a bill that | 144 |
continues the statutes creating and empowering the agency, that | 145 |
amends or repeals those statutes, or that enacts new statutes, to | 146 |
improve agency usefulness, performance, or effectiveness. | 147 |
Sec. 101.84. (A) There is hereby created the sunset review | 148 |
committee, to be composed of nine members | 149 |
150 | |
The president of the senate shall appoint three members of the | 151 |
senate to the committee, not more than two of whom shall be | 152 |
members of the same political party. The speaker of the house of | 153 |
representatives shall appoint three members of the house of | 154 |
representatives to the committee, not more than two of whom shall | 155 |
be members of the same political party. The governor, with the | 156 |
advice and consent of the senate, shall appoint three members to | 157 |
the committee, not more than two of whom shall be members of the | 158 |
same political party. Members shall be appointed within fifteen | 159 |
days after the commencement of the
first regular session of | 160 |
161 |
(B) Each member of the committee who is appointed by the | 162 |
president of the senate or the speaker of the house of | 163 |
representatives shall
serve | 164 |
165 | |
longer is a member of the senate or the house of representatives, | 166 |
whichever is applicable. Each member of the committee who is | 167 |
appointed by the governor shall serve a two-year term that ends on | 168 |
the
thirty-first day of December | 169 |
committee shall be filled in the same manner as the original | 170 |
appointment. | 171 |
In the first regular session of | 172 |
assembly, the chairperson of the committee shall be a member of | 173 |
the house of representatives, and the vice-chairperson of the | 174 |
committee shall be a member of the senate. In the second regular | 175 |
session of the | 176 |
the committee shall be a member of the senate, and the | 177 |
vice-chairperson of the committee shall be a member of the house | 178 |
of representatives. | 179 |
Members of the committee shall receive no compensation, but | 180 |
shall be reimbursed for their necessary expenses incurred in the | 181 |
performance of their official duties. | 182 |
(C) The committee shall meet not later than thirty days after | 183 |
the
first day of the first regular session of the | 184 |
general assembly to choose a chairperson and to commence | 185 |
establishment of the schedule for agency review provided for in | 186 |
section 101.85 of the Revised Code or perform other committee | 187 |
duties under sections 101.82 to 101.87 of the Revised Code. Five | 188 |
members of the committee shall constitute a quorum for the conduct | 189 |
of committee business. | 190 |
Sec. 101.85. (A) The sunset review committee, not later than | 191 |
sixty days after its first meeting in | 192 |
for review each
agency in existence on
January 1, | 193 |
committee, by a unanimous vote, also may schedule for review any | 194 |
state board or commission described in division (A)(9) of section | 195 |
101.82 of the Revised Code that is in existence on that date, and | 196 |
any board or commission so scheduled shall be considered an agency | 197 |
for purposes of sections 101.82 to 101.87 of the Revised Code. | 198 |
(B) The chairperson of the committee shall send a copy of the | 199 |
schedule for review of agencies for calendar year | 200 |
201 | |
agencies scheduled for review during that year and to the director | 202 |
of the legislative service commission. The director shall publish | 203 |
a copy of the schedule in the Ohio Administrative Code and in the | 204 |
register of Ohio created under section 103.051 of the Revised | 205 |
Code. The commission shall provide the committee with a list of | 206 |
agencies, and state boards and commissions described in division | 207 |
(A)(9) of section 101.82 of the Revised Code, in existence on | 208 |
January 1, | 209 |
agencies and exercising its duties under sections 101.82 to 101.87 | 210 |
of the Revised Code with respect to those agencies. | 211 |
Sec. 101.86. (A) Not later than | 212 |
date
on which an agency in existence on January 1, | 213 |
scheduled to expire under division (A) of section 101.83 of the | 214 |
Revised Code, the sunset review committee shall hold hearings to | 215 |
receive the testimony of the public and of the chief executive | 216 |
officer of each agency scheduled for review and otherwise shall | 217 |
consider and evaluate the usefulness, performance, and | 218 |
effectiveness of the agency. | 219 |
(B) Each agency that is scheduled for review shall submit to | 220 |
the committee a report that contains all of the following | 221 |
information: | 222 |
(1) The agency's primary purpose and its various goals and | 223 |
objectives; | 224 |
(2) The agency's past and anticipated workload, the number of | 225 |
staff required to complete that workload, and the agency's total | 226 |
number of staff; | 227 |
(3) The agency's past and anticipated budgets and its sources | 228 |
of funding; | 229 |
(4) The number of members of its governing board or other | 230 |
231 |
(C) Each agency shall have the burden of demonstrating to the | 232 |
committee a public need for its continued existence. In | 233 |
determining whether an agency has demonstrated that need, the | 234 |
committee shall consider all of the following: | 235 |
(1) The extent to which the agency has permitted qualified | 236 |
applicants to serve the public; | 237 |
(2) The cost-effectiveness of the agency in terms of number | 238 |
of employees, services rendered, and administrative costs | 239 |
incurred, both past and present; | 240 |
(3) The extent to which the agency has operated in the public | 241 |
interest, and whether its operation has been impeded or enhanced | 242 |
by existing statutes and procedures and by budgetary, resource, | 243 |
and personnel practices; | 244 |
(4) Whether the agency has recommended statutory changes to | 245 |
the general assembly that would benefit the public as opposed to | 246 |
the persons regulated by the agency, if any, and whether its | 247 |
recommendations and other policies have been adopted and | 248 |
implemented; | 249 |
(5) Whether the agency has required any persons it regulates | 250 |
to report to it the impact of agency rules and decisions on the | 251 |
public as they affect service costs and service delivery; | 252 |
(6) Whether persons regulated by the agency, if any, have | 253 |
been required to assess problems in their business operations that | 254 |
affect the public; | 255 |
(7) Whether the agency has encouraged public participation in | 256 |
its rule-making and decision-making; | 257 |
(8) The efficiency with which formal public complaints filed | 258 |
with the agency have been processed to completion; | 259 |
(9) Whether the programs or services of the agency duplicate | 260 |
or overlap those of other agencies; | 261 |
(10) Whether the purpose for which the agency was created has | 262 |
been fulfilled, has changed, or no longer exists; | 263 |
(11) Whether federal law requires that the agency be renewed | 264 |
in some form; | 265 |
(12) Changes needed in the enabling laws of the agency in | 266 |
order for it to comply with the criteria suggested by the | 267 |
considerations listed in divisions (C)(1) to (11) of this section. | 268 |
(D) In its initial review of each agency, the committee, | 269 |
whenever possible, shall realign agency titles to conform to the | 270 |
following descriptions: | 271 |
(1) Commission: an administrative appeals or hearing agency; | 272 |
(2) Authority: an agency empowered to issue bonds or notes; | 273 |
(3) Board: an agency having a licensing function only; | 274 |
(4) Council: an advisory body to a major agency or | 275 |
department; | 276 |
(5) Committee: an advisory body to a minor agency or | 277 |
department. | 278 |
Sec. 122.011. (A) The department of development shall | 279 |
develop and promote plans and programs designed to assure that | 280 |
state resources are efficiently used, economic growth is properly | 281 |
balanced, community growth is developed in an orderly manner, and | 282 |
local governments are coordinated with each other and the state, | 283 |
and for such purposes may do all of the following: | 284 |
(1) Serve as a clearinghouse for information, data, and other | 285 |
materials that may be helpful or necessary to persons or local | 286 |
governments, as provided in section 122.07 of the Revised Code; | 287 |
(2) Prepare and activate plans for the retention, | 288 |
development, expansion, and use of the resources and commerce of | 289 |
the state, as provided in section 122.04 of the Revised Code; | 290 |
(3) Assist and cooperate with federal, state, and local | 291 |
governments and agencies of federal, state, and local governments | 292 |
in the coordination of programs to carry out the functions and | 293 |
duties of the department; | 294 |
(4) Encourage and foster research and development activities, | 295 |
conduct studies related to the solution of community problems, and | 296 |
develop recommendations for administrative or legislative actions, | 297 |
as provided in section 122.03 of the Revised Code; | 298 |
(5) Serve as the economic and community development planning | 299 |
agency, which shall prepare and recommend plans and programs for | 300 |
the orderly growth and development of this state and which shall | 301 |
provide planning assistance, as provided in section 122.06 of the | 302 |
Revised Code; | 303 |
(6) Cooperate with and provide technical assistance to state | 304 |
departments, political subdivisions, regional and local planning | 305 |
commissions, tourist associations, councils of government, | 306 |
community development groups, community action agencies, and other | 307 |
appropriate organizations for carrying out the functions and | 308 |
duties of the department or for the solution of community | 309 |
problems; | 310 |
(7) Coordinate the activities of state agencies that have an | 311 |
impact on carrying out the functions and duties of the department; | 312 |
(8) Encourage and assist the efforts of and cooperate with | 313 |
local governments to develop mutual and cooperative solutions to | 314 |
their common problems that relate to carrying out the purposes of | 315 |
this section; | 316 |
(9) Study existing structure, operations, and financing of | 317 |
regional or local government and those state activities that | 318 |
involve significant relations with regional or local governmental | 319 |
units, recommend to the governor and to the general assembly such | 320 |
changes in these provisions and activities as will improve the | 321 |
operations of regional or local government, and conduct other | 322 |
studies of legal provisions that affect problems related to | 323 |
carrying out the purposes of this section; | 324 |
(10) Create and operate a division of community development | 325 |
to develop and administer programs and activities that are | 326 |
authorized by federal statute or the Revised Code; | 327 |
| 328 |
in consultation with the director of agriculture, for purchasing | 329 |
loans from financial institutions and providing loan guarantees | 330 |
under the family farm loan program created under sections 901.80 | 331 |
to 901.83 of the Revised Code; | 332 |
| 333 |
loan guarantees provided under section 901.80 of the Revised Code | 334 |
as that section existed prior to October 15, 2005; | 335 |
| 336 |
controlling board under division (A)(3) of section 901.82 of the | 337 |
Revised Code of the release of money to be used for purchasing a | 338 |
loan or providing a loan guarantee, request the release of that | 339 |
money in accordance with division (B) of section 166.03 of the | 340 |
Revised Code for use for the purposes of the fund created by | 341 |
section 166.031 of the Revised Code. | 342 |
(B) The director of development may request the attorney | 343 |
general to, and the attorney general, in accordance with section | 344 |
109.02 of the Revised Code, shall bring a civil action in any | 345 |
court of competent jurisdiction. The director may be sued in the | 346 |
director's official capacity, in connection with this chapter, in | 347 |
accordance with Chapter 2743. of the Revised Code. | 348 |
Sec. 122.40. (A) There is hereby created the development | 349 |
financing advisory council to assist in carrying out the programs | 350 |
created pursuant to sections 122.39 to 122.62 and Chapter 166. of | 351 |
the Revised Code. | 352 |
(B) The council shall consist of seven members appointed by | 353 |
the governor | 354 |
who are selected for their knowledge of and experience in economic | 355 |
development financing, one member of the senate appointed by the | 356 |
president of the senate, one member of the house of | 357 |
representatives appointed by the speaker of the house of | 358 |
representatives | 359 |
360 | |
designee. With respect to the council: | 361 |
(1) No more than four members of the council appointed by the | 362 |
governor shall be members of the same political party. | 363 |
(2) Each member shall hold office from the date of the | 364 |
member's appointment until the end of the term for which the | 365 |
member was appointed. | 366 |
(3) The terms of office for the seven members appointed by | 367 |
the governor shall be for | 368 |
day
of January and ending on the thirty-first day of December. | 369 |
370 | |
371 | |
372 | |
373 | |
374 | |
375 | |
appointed by the governor who are serving terms of office of seven | 376 |
years on December 30, 2004, shall continue to serve those terms, | 377 |
but their successors in office, including the filling of a vacancy | 378 |
occurring prior to the expiration of those terms, shall be | 379 |
appointed for terms of five years in accordance with this | 380 |
division. | 381 |
(4) Any member of the council is eligible for reappointment. | 382 |
(5) As a term of a member of the council appointed by the | 383 |
governor expires, the governor shall appoint a successor with the | 384 |
advice and consent of the senate. | 385 |
(6) | 386 |
387 | |
this section, any member appointed to fill a vacancy occurring | 388 |
prior to the expiration of the term for which the member's | 389 |
predecessor was appointed shall hold office for the remainder of | 390 |
the predecessor's term. | 391 |
(7) Any member shall continue in office subsequent to the | 392 |
expiration date of the member's term until the member's successor | 393 |
takes office, or until a period of sixty days has elapsed, | 394 |
whichever occurs first. | 395 |
(8) Before entering upon duties as a member of the council, | 396 |
each member shall take an oath provided by Section 7 of Article | 397 |
XV, Ohio Constitution. | 398 |
(9) The governor may, at any time, remove any nonlegislative | 399 |
member pursuant to section 3.04 of the Revised Code. | 400 |
(10) Members of the council, notwithstanding section 101.26 | 401 |
of the Revised Code with respect to members who are members of the | 402 |
general assembly, shall receive their necessary and actual | 403 |
expenses while engaged in the business of the council and shall be | 404 |
paid at the per diem rate of step 1, pay range 31, of section | 405 |
124.15 of the Revised Code. | 406 |
(11) | 407 |
(12) In the event of the absence of a member appointed by the | 408 |
president of the senate or by the speaker of the house of | 409 |
representatives, the following persons may serve in the member's | 410 |
absence: the president of the senate or the speaker of the house, | 411 |
as the case may be, or a member of the senate or of the house of | 412 |
representatives, of the same political party as the development | 413 |
financing advisory council member, designated
by the
president | 414 |
415 |
Sec. 123.151. (A) As used in this section, "minority | 416 |
business enterprise" has the | 417 |
(E)(1) of section 122.71 of the Revised Code. | 418 |
(B)(1) The director of administrative services shall make | 419 |
rules in accordance with Chapter 119. of the Revised Code | 420 |
establishing procedures by which minority businesses may apply to | 421 |
the equal employment opportunity coordinator for certification as | 422 |
minority business enterprises. | 423 |
(2) The coordinator shall approve the application of any | 424 |
minority business enterprise that complies with the rules adopted | 425 |
under this division. Any person adversely affected by an order of | 426 |
the coordinator denying certification as a minority business | 427 |
enterprise may appeal as provided in Chapter 119. of the Revised | 428 |
Code. The coordinator shall prepare and maintain a list of | 429 |
certified minority business enterprises. | 430 |
(C) The department of administrative services, every other | 431 |
state agency authorized to enter into contracts for construction | 432 |
or contracts for purchases of equipment, materials, supplies, | 433 |
insurance, or services, and every port authority shall file a | 434 |
report every ninety days with the equal employment opportunity | 435 |
coordinator. The report shall be filed at a time and in a form | 436 |
prescribed by the coordinator. The report shall include the name | 437 |
of each minority business enterprise that the agency or port | 438 |
authority entered into a contract with during the preceding | 439 |
ninety-day period and the total value and type of each such | 440 |
contract. No later than thirty days after the end of each fiscal | 441 |
year, the coordinator shall notify in writing each state agency | 442 |
and port authority that has not complied with the reporting | 443 |
requirements of this division for the prior fiscal year. A copy of | 444 |
this notification regarding a state agency shall be submitted to | 445 |
the director of budget and management. No later than thirty days | 446 |
after the notification, the agency or port authority shall submit | 447 |
to the coordinator the information necessary to comply with the | 448 |
reporting requirements of this division. | 449 |
| 450 |
451 | |
requirements of this division, the coordinator shall certify to | 452 |
the director of budget and management that the agency has not | 453 |
complied with the reporting requirements. A copy of this | 454 |
certification shall be submitted to the agency. Thereafter, no | 455 |
funds of the agency shall be expended during the fiscal year for | 456 |
construction or purchases of equipment, materials, supplies, | 457 |
contracts of insurance, or services until the coordinator | 458 |
certifies to the director of budget and management that the agency | 459 |
has complied with the reporting requirements of this division for | 460 |
the prior fiscal year. | 461 |
If any port authority has not complied with the reporting | 462 |
requirement after the expiration of the thirty-day period, the | 463 |
coordinator shall certify to the speaker of the house of | 464 |
representatives and the president of the senate that the port | 465 |
authority has not complied with the reporting requirements of this | 466 |
division. A copy of this certification shall be submitted to the | 467 |
port authority. Upon receipt of the certification, the speaker of | 468 |
the house of representatives and the president of the senate shall | 469 |
take such action or make such recommendations to the members of | 470 |
the general assembly as they consider necessary to correct the | 471 |
situation. | 472 |
Sec. 149.56. (A) As used in this section, "abandoned | 473 |
property" has the same meaning as in section 1506.30 of the | 474 |
Revised Code. | 475 |
(B) The Ohio historical society shall establish a program to | 476 |
locate, identify, and evaluate abandoned property and other | 477 |
resources in Lake Erie. The society, in accordance with the | 478 |
authority granted under section 149.30 of the Revised Code, may | 479 |
list any abandoned property it finds to have historical | 480 |
significance on its Ohio archaeological inventory or Ohio | 481 |
historical inventory as the director of the society considers | 482 |
appropriate. In determining whether an item has historical | 483 |
significance, the director shall follow the criteria of the | 484 |
national register of historic places established in 36 C.F.R. 60. | 485 |
The director shall notify the director of natural resources of any | 486 |
abandoned property found to have historical significance. The | 487 |
society may use the services of volunteers to locate, identify, | 488 |
and evaluate abandoned property in Lake Erie. The director shall | 489 |
approve any volunteer programs and may recruit, train, and | 490 |
supervise the services of volunteers. | 491 |
(C) The moneys credited to the Ohio historical society under | 492 |
division (C) of section 1506.35 of the Revised Code and any | 493 |
appropriations, contributions, gifts, and federal grants made to | 494 |
the Ohio historical society for the purposes of this section and | 495 |
the applicable provisions of sections 1506.30 to | 496 |
of the Revised Code shall be placed in a separate fund within the | 497 |
accounts of the Ohio historical society, together with moneys | 498 |
credited to that fund under divisions (D)(2) and (3) of section | 499 |
1506.33 of the Revised Code, to be used solely to implement and | 500 |
administer this section and the duties assigned the society under | 501 |
sections 1506.30 to | 502 |
Sec. 307.674. (A) As used in this section: | 503 |
(1) "Bonds" means: | 504 |
(a) Revenue bonds of the port authority described in division | 505 |
(B)(2)(a) of this section; | 506 |
(b) Securities as defined in division (KK) of section 133.01 | 507 |
of the Revised Code issued by the host municipal corporation, | 508 |
described in division (B)(3)(a) of this section; | 509 |
(c) Any bonds issued to refund any of those revenue bonds or | 510 |
securities. | 511 |
(2) "Corporation" means a nonprofit corporation that is | 512 |
organized under the laws of this state and that includes within | 513 |
the purposes for which it is incorporated the authorization to | 514 |
lease and operate facilities such as a port authority educational | 515 |
and cultural performing arts facility. | 516 |
(3) "Cost," as applied to a port authority educational and | 517 |
cultural performing arts facility, means the cost of acquiring, | 518 |
constructing, renovating, rehabilitating, equipping, or improving | 519 |
the facility, or any combination of those purposes, collectively | 520 |
referred to in this section as "construction," and the cost of | 521 |
acquisition of all land, rights of way, property rights, | 522 |
easements, franchise rights, and interests required for those | 523 |
purposes, the cost of demolishing or removing any buildings or | 524 |
structures on land so acquired, including the cost of acquiring | 525 |
any land to which those buildings or structures may be moved, the | 526 |
cost of public utility and common carrier relocation or | 527 |
duplication, the cost of all machinery, furnishings, and | 528 |
equipment, financing charges, interest prior to and during | 529 |
construction and for not more than three years after completion of | 530 |
construction, costs arising under guaranty agreements, | 531 |
reimbursement agreements, or other credit enhancement agreements | 532 |
relating to bonds, engineering, expenses of research and | 533 |
development with respect to such facility, legal expenses, plans, | 534 |
specifications, surveys, studies, estimates of costs and revenues, | 535 |
other expenses necessary or incident to determining the | 536 |
feasibility or practicability of acquiring or constructing the | 537 |
facility, administrative expense, and other expenses as may be | 538 |
necessary or incident to that acquisition or construction and the | 539 |
financing of such acquisition or construction, including, with | 540 |
respect to the revenue bonds of a port authority, amounts to be | 541 |
paid into any special funds from the proceeds of those bonds, and | 542 |
repayments to the port authority, host county, host municipal | 543 |
corporation, or corporation of any amounts advanced for the | 544 |
foregoing purposes. | 545 |
(4) "Debt service charges" means, for any period or payable | 546 |
at any time, the principal of and interest and any premium due on | 547 |
bonds for that period or payable at that time whether due at | 548 |
maturity or upon mandatory redemption, together with any required | 549 |
deposits to reserves for the payment of principal of and interest | 550 |
on those bonds, and includes any payments required by the port | 551 |
authority to satisfy any of its obligations under or arising from | 552 |
any guaranty agreements, reimbursement agreements, or other credit | 553 |
enhancement agreements described in division (C) of this section. | 554 |
(5) "Host county" means the county within the boundaries of | 555 |
which the port authority educational and cultural performing arts | 556 |
facility is or will be located. | 557 |
(6) "Host municipal corporation" means the municipal | 558 |
corporation within the boundaries of which the port authority | 559 |
educational and cultural performing arts facility is or will be | 560 |
located. | 561 |
(7) "Port authority" means a port authority created pursuant | 562 |
to section 4582.22 of the Revised Code. | 563 |
(8) "Port authority educational and cultural performing arts | 564 |
facility" means a facility that consists of a center for music or | 565 |
other performing arts, a theater or other facilities to provide | 566 |
programs of an educational, recreational, or cultural nature, or | 567 |
any combination of those purposes as determined by the parties to | 568 |
the cooperative agreement for which provision is made in division | 569 |
(B) of this section to fulfill the public educational, | 570 |
recreational, and cultural purposes set forth therein, together | 571 |
with all parking facilities, walkways, and other auxiliary | 572 |
facilities, real and personal property, property rights, | 573 |
easements, and interests that may be appropriate for, or used in | 574 |
connection with, the operation of the facility. | 575 |
(B) A host county, a host municipal corporation, and a port | 576 |
authority may enter into a cooperative agreement with a | 577 |
corporation under which, as further provided for in that | 578 |
agreement: | 579 |
(1) The host county may agree to do any or all of the | 580 |
following: | 581 |
(a) Levy and collect a tax under division (E) and division | 582 |
(F) of section 5739.09 of the Revised Code for the purposes, and | 583 |
in an amount sufficient for those purposes, described in divisions | 584 |
(B)(1)(b) and (c) of this section; | 585 |
(b) Pay to the port authority all or such portion as provided | 586 |
for in the cooperative agreement of the revenue from the tax, | 587 |
together with any investment earnings on that revenue, to be used | 588 |
to pay a portion of the costs of acquiring, constructing, | 589 |
renovating, rehabilitating, equipping, or improving the port | 590 |
authority educational and cultural performing arts facility; | 591 |
(c) Pledge and pay to the corporation all or such portion as | 592 |
provided for in the cooperative agreement of the revenue from the | 593 |
tax, together with any investment earnings on that revenue, to be | 594 |
used to pay a portion of the costs to the corporation of leasing | 595 |
the port authority educational and cultural performing arts | 596 |
facility from the port authority. | 597 |
(2) The port authority may agree to do any or all of the | 598 |
following: | 599 |
(a) Issue its revenue bonds pursuant to section 4582.48 of | 600 |
the Revised Code for the purpose of paying all or a portion of the | 601 |
costs of the port authority educational and cultural performing | 602 |
arts facility; | 603 |
(b) Acquire, construct, renovate, rehabilitate, equip, and | 604 |
improve the port authority educational and cultural performing | 605 |
arts facility; | 606 |
(c) Lease the port authority educational and cultural | 607 |
performing arts facility to the corporation; | 608 |
(d) To the extent provided for in the cooperative agreement | 609 |
or the lease to the corporation, authorize the corporation to | 610 |
administer on behalf of the port authority the contracts for | 611 |
acquiring, constructing, renovating, rehabilitating, or equipping | 612 |
the port authority educational and cultural performing arts | 613 |
facility; | 614 |
(e) Use the revenue derived from the lease of the port | 615 |
authority educational and cultural performing arts facility to the | 616 |
corporation solely to pay debt service charges on revenue bonds of | 617 |
the port authority issued pursuant to division (B)(2)(a) of this | 618 |
section and to pay its obligations under or arising from any | 619 |
guaranty agreements, reimbursement agreements, or other credit | 620 |
enhancement agreements provided for in this section. | 621 |
(3) The host municipal corporation may agree to do either or | 622 |
both of the following: | 623 |
(a) Issue its bonds for the purpose of paying all or a | 624 |
portion of the costs of the port authority educational and | 625 |
cultural performing arts facility, and pay the proceeds from the | 626 |
issuance to the port authority for that purpose; | 627 |
(b) Enter into a guaranty agreement, a reimbursement | 628 |
agreement, or other credit enhancement agreement with the port | 629 |
authority to provide a guaranty or other credit enhancement of the | 630 |
port authority revenue bonds referred to in division (B)(2)(a) of | 631 |
this section pledging taxes, other than ad valorem property taxes, | 632 |
or other revenues for the purpose of providing the funds required | 633 |
to satisfy the host municipal corporation's obligations under that | 634 |
agreement. | 635 |
The cooperative agreement may provide that the proceeds of | 636 |
such securities or of such guaranty agreement, reimbursement | 637 |
agreement, or other credit enhancement agreement be deposited with | 638 |
and administered by the trustee pursuant to the trust agreement | 639 |
authorized in division (C) of this section. | 640 |
(4) The corporation may agree to do any or all of the | 641 |
following: | 642 |
(a) Lease the port authority educational and cultural | 643 |
performing arts facility from the port authority; | 644 |
(b) Operate and maintain the port authority educational and | 645 |
cultural performing arts facility pursuant to the lease; | 646 |
(c) To the extent provided for in the cooperative agreement | 647 |
or the lease from the port authority, administer on behalf of the | 648 |
port authority the contracts for acquiring, constructing, | 649 |
renovating, rehabilitating, or equipping the port authority | 650 |
educational and cultural performing arts facility. | 651 |
(C) The pledge and payments referred to in divisions | 652 |
(B)(1)(b) and (c) of this section and provided for in the | 653 |
cooperative agreement shall be for the period stated in the | 654 |
cooperative agreement but shall not extend longer than the period | 655 |
necessary to provide for the final retirement of the port | 656 |
authority revenue bonds referred to in division (B)(2)(a) of this | 657 |
section, and for the satisfaction by the port authority of any of | 658 |
its obligations under or arising from any guaranty agreements, | 659 |
reimbursement agreements, or other credit enhancement agreements | 660 |
relating to those bonds or to the revenues pledged to them. The | 661 |
cooperative agreement shall provide for the termination of the | 662 |
cooperative agreement, including the pledge and payment referred | 663 |
to in division (B)(1)(c) of this section, if the port authority | 664 |
revenue bonds referred to in division (B)(2)(a) of this section | 665 |
have not been issued, sold, and delivered within five years of the | 666 |
effective date of the cooperative agreement. | 667 |
The cooperative agreement shall provide that any port | 668 |
authority revenue bonds shall be secured by a trust agreement | 669 |
between the port authority and a corporate trustee that is a trust | 670 |
company or bank having the powers of a trust company within or | 671 |
outside the state but authorized to exercise trust powers within | 672 |
the state. The host county may be a party to that trust agreement | 673 |
for the purpose of better securing the pledge by the host county | 674 |
of its payment to the corporation pursuant to division (B)(1)(c) | 675 |
of this section. A tax levied pursuant to section 5739.09 of the | 676 |
Revised Code for the purposes specified in division (B)(1)(b) or | 677 |
(c) of this section is not subject to diminution by initiative or | 678 |
referendum or diminution by statute, unless provision is made for | 679 |
an adequate substitute reasonably satisfactory to the trustee | 680 |
under the trust agreement that secures the port authority revenue | 681 |
bonds. | 682 |
(D) A pledge of money by a host county under this section | 683 |
shall not be net indebtedness of the host county for purposes of | 684 |
section 133.07 of the Revised Code. A guaranty or other credit | 685 |
enhancement by a host municipal corporation under this section | 686 |
shall not be net indebtedness of the host municipal corporation | 687 |
for purposes of section 133.05 of the Revised Code. | 688 |
(E) If the terms of the cooperative agreement so provide, any | 689 |
contract for the acquisition, construction, renovation, | 690 |
rehabilitation, equipping, or improving of a port authority | 691 |
educational and cultural performing arts facility shall be made in | 692 |
such manner as is determined by the board of directors of the port | 693 |
authority, and unless the cooperative agreement provides | 694 |
otherwise, such a contract is not subject to division (R)(2) of | 695 |
section 4582.31 of the Revised Code. The port authority may take | 696 |
the assignment of and assume any contracts for the acquisition, | 697 |
construction, renovation, rehabilitation, equipping, or improving | 698 |
of a port authority educational and cultural performing arts | 699 |
facility that had previously been authorized by any of the host | 700 |
county, the host municipality, or the corporation. Such contracts | 701 |
are not subject to division (R)(2) of section 4582.31 of the | 702 |
Revised Code. | 703 |
Any contract for the acquisition, construction, renovation, | 704 |
rehabilitation, equipping, or improving of a port authority | 705 |
educational and cultural performing arts facility entered into, | 706 |
assigned, or assumed pursuant to this division shall provide that | 707 |
all laborers and mechanics employed for the acquisition, | 708 |
construction, renovation, rehabilitation, equipping, or improving | 709 |
of that facility shall be paid at the prevailing rates of wages of | 710 |
laborers and mechanics for the class of work called for by the | 711 |
port authority educational and cultural performing arts facility, | 712 |
which wages shall be determined in accordance with the | 713 |
requirements of Chapter 4115. of the Revised Code for the | 714 |
determination of prevailing wage rates. | 715 |
Notwithstanding any provisions to the contrary in section | 716 |
3383.07 of the Revised Code, construction services and general | 717 |
building services for a port authority educational and cultural | 718 |
performing arts facility funded completely or in part with money | 719 |
appropriated by the state to the Ohio | 720 |
commission may be provided by a port authority or a corporation | 721 |
that occupies, will occupy, or is responsible for that facility, | 722 |
as determined by the commission. The construction services and | 723 |
general building services to be provided by the port authority or | 724 |
the corporation shall be specified in an agreement between the | 725 |
commission and the port authority or corporation. That agreement, | 726 |
or any actions taken under it, are not subject to Chapters 123. or | 727 |
153. of the Revised Code, but are subject to Chapter 4115. of the | 728 |
Revised Code. | 729 |
Sec. 340.02. As used in this section, "mental health | 730 |
professional" means a person who is qualified to work with | 731 |
mentally ill persons, pursuant to standards established by the | 732 |
director of mental health under section 5119.611 of the Revised | 733 |
Code. | 734 |
For each alcohol, drug addiction, and mental health service | 735 |
district | 736 |
addiction, and mental health services of eighteen members. Members | 737 |
shall be residents of the district and shall be interested in | 738 |
mental health programs and facilities or in alcohol or drug | 739 |
addiction programs. | 740 |
The director of mental health shall appoint four members of | 741 |
the board, the director of alcohol and drug addiction services | 742 |
shall appoint four members, and the board of county commissioners | 743 |
shall appoint ten members. In a joint-county district | 744 |
commissioners of each participating county shall appoint members | 745 |
in as nearly as possible the same proportion as that county's | 746 |
population bears to the total population of the district, except | 747 |
that at least one member shall be appointed from each | 748 |
participating county. | 749 |
The director of mental health shall ensure that at least one | 750 |
member of the board is a psychiatrist and one member of the board | 751 |
is a mental health professional. If the appointment of a | 752 |
psychiatrist is not possible, as determined under rules adopted by | 753 |
the director, a licensed physician may be appointed in place of | 754 |
the psychiatrist. If the appointment of a licensed physician is | 755 |
not possible, the director of mental health may waive the | 756 |
requirement that the psychiatrist or licensed physician be a | 757 |
resident of the service district and appoint a psychiatrist or | 758 |
licensed physician from a contiguous county. The membership of the | 759 |
board shall, as nearly as possible, reflect the composition of the | 760 |
population of the service district as to race and sex. The | 761 |
director of mental health shall ensure that at least one member of | 762 |
the board is a person who has received or is receiving mental | 763 |
health services paid for by public funds and at least one member | 764 |
is a parent or other relative of such a person. | 765 |
The director of alcohol and drug addiction services shall | 766 |
ensure that at least one member of the board is a professional in | 767 |
the field of alcohol or drug addiction services and one member of | 768 |
the board is an advocate for persons receiving treatment for | 769 |
alcohol or drug addiction. Of the members appointed by the | 770 |
director of alcohol and drug addiction services, at least one | 771 |
shall be a person who has received or is receiving services for | 772 |
alcohol or drug addiction | 773 |
other relative of such a person. | 774 |
No member or employee of a board of alcohol, drug addiction, | 775 |
and mental health services shall serve as a member of the board of | 776 |
any agency with which the board of alcohol, drug addiction, and | 777 |
mental health services has entered into a contract for the | 778 |
provision of services or facilities. No member of a board of | 779 |
alcohol, drug addiction, and mental health services shall be an | 780 |
employee of any agency with which the board has entered into a | 781 |
contract for the provision of services or facilities. No person | 782 |
shall be an employee of a board and such an agency unless the | 783 |
board and agency both agree in writing. | 784 |
No person shall serve as a member of the board of alcohol, | 785 |
drug addiction, and mental health services whose spouse, child, | 786 |
parent, brother, sister, grandchild, stepparent, stepchild, | 787 |
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, | 788 |
daughter-in-law, brother-in-law, or sister-in-law serves as a | 789 |
member of the board of any agency with which the board of alcohol, | 790 |
drug addiction, and mental health services has entered into a | 791 |
contract for the provision of services or facilities. No person | 792 |
shall serve as a member or employee of the board whose spouse, | 793 |
child, parent, brother, sister, stepparent, stepchild, | 794 |
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, | 795 |
daughter-in-law, brother-in-law, or sister-in-law serves as a | 796 |
county commissioner of a county or counties in the alcohol, drug | 797 |
addiction, and mental health service district. | 798 |
Each year each board member shall attend at least one | 799 |
inservice training session provided or approved by the department | 800 |
of mental health or the department of alcohol and drug addiction | 801 |
services. Such training sessions shall not be considered to be | 802 |
regularly scheduled meetings of the board. | 803 |
Each member shall be appointed for a term of four years, | 804 |
commencing the first day of July, except that one-third of initial | 805 |
appointments to a newly established board, and to the extent | 806 |
possible to expanded boards, shall be for terms of two years, | 807 |
one-third | 808 |
shall be for terms of three years, and one-third | 809 |
810 | |
of four years. No member shall serve more than two consecutive | 811 |
four-year terms. A member may serve for three consecutive terms | 812 |
only if one of the terms is for less than two years. A member who | 813 |
has served two consecutive four-year terms or three consecutive | 814 |
terms totaling less than ten years is eligible for reappointment | 815 |
one year following the end of the second or third term, | 816 |
respectively. | 817 |
When a vacancy occurs, appointment for the expired or | 818 |
unexpired term shall be made in the same manner as an original | 819 |
appointment. The appointing authority shall be notified by | 820 |
certified mail of any vacancy and shall fill the vacancy within | 821 |
sixty days following | 822 |
Any member of the board may be removed from office by the | 823 |
appointing authority for neglect of duty, misconduct, or | 824 |
malfeasance in office, and shall be removed by the appointing | 825 |
authority if the member's spouse, child, parent, brother, sister, | 826 |
stepparent, stepchild, stepbrother, stepsister, father-in-law, | 827 |
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or | 828 |
sister-in-law serves as a county commissioner of a county or | 829 |
counties in the service district or serves as a member or employee | 830 |
of the board of an agency with which the board of alcohol, drug | 831 |
addiction, and mental health services has entered a contract for | 832 |
the provision of services or facilities. The member shall be | 833 |
informed in writing of the charges and afforded an opportunity for | 834 |
a hearing. Upon the absence of a member within one year from | 835 |
either four board meetings or from two board meetings without | 836 |
prior notice, the board shall notify the appointing authority, | 837 |
which may vacate the appointment and appoint another person to | 838 |
complete the member's term. | 839 |
Members of the board shall serve without compensation, but | 840 |
shall be reimbursed for actual and necessary expenses incurred in | 841 |
the performance of their official duties, as defined by rules of | 842 |
the departments of mental health and alcohol and drug addiction | 843 |
services. | 844 |
Sec. 1501.04. There is hereby created in the department of | 845 |
natural resources a recreation and resources commission composed | 846 |
of the chairperson of the wildlife council created under section | 847 |
1531.03 of the Revised Code, the chairperson of the parks and | 848 |
recreation council created under section 1541.40 of the Revised | 849 |
Code, the chairperson of the waterways safety council created | 850 |
under section 1547.73 of the Revised Code, the chairperson of the | 851 |
technical advisory council on oil and gas created under section | 852 |
1509.38 of the Revised Code, the | 853 |
forestry advisory council created under section 1503.40 of the | 854 |
Revised Code, the chairperson of the Ohio soil and water | 855 |
conservation commission created under section 1515.02 of the | 856 |
Revised Code, the chairperson of the Ohio water advisory council | 857 |
created under section 1521.031 of the Revised Code, the | 858 |
chairperson of the recycling and litter prevention advisory | 859 |
council created under section 1502.04 of the Revised Code, the | 860 |
chairperson of the Ohio geology advisory council created under | 861 |
section 1505.11 of the Revised Code, and five members appointed by | 862 |
the governor with the advice and consent of the senate, not more | 863 |
than three of whom shall belong to the same political party. The | 864 |
director of natural resources shall be an ex officio member of the | 865 |
commission, with a voice in its deliberations, but without the | 866 |
power to vote. | 867 |
Terms of office of members of the commission appointed by the | 868 |
governor shall be for five years, commencing on the second day of | 869 |
February and ending on the first day of February. Each member | 870 |
shall hold office from the date of appointment until the end of | 871 |
the term for which the member was appointed. | 872 |
In the event of the death, removal, resignation, or | 873 |
incapacity of a member of the commission, the governor, with the | 874 |
advice and consent of the senate, shall appoint a successor who | 875 |
shall hold office for the remainder of the term for which the | 876 |
member's predecessor was appointed. Any member shall continue in | 877 |
office subsequent to the expiration date of the member's term | 878 |
until the member's successor takes office, or until a period of | 879 |
sixty days has elapsed, whichever occurs first. | 880 |
The governor may remove any appointed member of the | 881 |
commission for misfeasance, nonfeasance, or malfeasance in office. | 882 |
The commission shall exercise no administrative function, but | 883 |
may | 884 |
(A) Advise with and recommend to the director as to plans and | 885 |
programs for the management, development, utilization, and | 886 |
conservation of the natural resources of the state; | 887 |
(B) Advise with and recommend to the director as to methods | 888 |
of coordinating the work of the divisions of the department; | 889 |
(C) Consider and make recommendations upon any matter that | 890 |
the director may submit to it; | 891 |
(D) Submit to the governor biennially recommendations for | 892 |
amendments to the conservation laws of the state. | 893 |
Each member of the commission, before entering upon the | 894 |
discharge of the member's duties, shall take and subscribe to an | 895 |
oath of office, which oath, in writing, shall be filed in the | 896 |
office of the secretary of state. | 897 |
The members of the commission shall serve without | 898 |
compensation, but shall be entitled to receive their actual and | 899 |
necessary expenses incurred in the performance of their official | 900 |
duties. | 901 |
The commission, by a majority vote of all its members, shall | 902 |
adopt and amend bylaws. | 903 |
To be eligible for appointment, a person shall be a citizen | 904 |
of the United States and an elector of the state and shall possess | 905 |
a knowledge of and have an interest in the natural resources of | 906 |
this state. | 907 |
The commission shall hold at least four regular quarterly | 908 |
meetings each year. Special meetings shall be held at such times | 909 |
as the bylaws of the commission provide. Notices of all meetings | 910 |
shall be given in such manner as the bylaws provide. The | 911 |
commission shall choose annually from among its members a | 912 |
chairperson to preside over its meetings and a secretary to keep a | 913 |
record of its proceedings. A majority of the members of the | 914 |
commission constitutes a quorum. No advice shall be given or | 915 |
recommendation made without a majority of the members of the | 916 |
commission concurring | 917 |
Sec. 1502.04. There is hereby created within the division of | 918 |
recycling and litter prevention the recycling and litter | 919 |
prevention advisory council consisting of thirteen members. The | 920 |
speaker of the house of representatives shall appoint one member | 921 |
of the house of representatives to the council, and the president | 922 |
of the senate shall appoint one member of the senate to the | 923 |
council. If the president of the senate belongs to the same | 924 |
political party as the speaker of the house of representatives, | 925 |
the president shall appoint a member of the senate who belongs to | 926 |
a different political party as recommended by the minority leader | 927 |
of the senate. The speaker of the house of representatives and the | 928 |
president of the senate shall make their initial appointments to | 929 |
the council within sixty days after July 20, 1994. Each member | 930 |
appointed by the speaker of the house of representatives or the | 931 |
president of the senate shall serve for a term of office of three | 932 |
years. The appropriate appointing authority may fill any vacancy | 933 |
occurring during the term of any member whom the appointing | 934 |
authority has appointed to the advisory council. | 935 |
The remaining eleven members shall be appointed by the | 936 |
governor with the advice and consent of the senate and shall be | 937 |
persons with knowledge of or experience in recycling or litter | 938 |
prevention programs. The council shall have broad based | 939 |
representation of interests including agriculture, labor, the | 940 |
environment, manufacturing, wholesale and retail industry, and the | 941 |
public. One of the business members shall be from the commercial | 942 |
recycling industry, and another shall be from an industry required | 943 |
to pay taxes under section 5733.065 of the Revised Code. The | 944 |
director of natural resources shall not be a member of the | 945 |
council. The governor shall make initial appointments to the | 946 |
council within thirty days after October 20, 1987. Of the | 947 |
governor's initial appointments to the council, five shall be for | 948 |
a term of one year, and six shall be for a term of two years. | 949 |
Thereafter, terms of office shall be for three years. Each member | 950 |
appointed by the governor shall hold office from the date of the | 951 |
member's appointment until the end of the term for which the | 952 |
member was appointed. In the event of death, removal, resignation, | 953 |
or incapacity of a member of the council appointed by the | 954 |
governor, the governor, with the advice and consent of the senate, | 955 |
shall appoint a successor who shall hold office for the remainder | 956 |
of the term for which the successor's predecessor was appointed. A | 957 |
member shall continue in office subsequent to the expiration date | 958 |
of the member's term until the member's successor takes office, or | 959 |
until a period of sixty days has elapsed, whichever occurs first. | 960 |
The governor at any time may remove any of the governor's | 961 |
appointees from the council for misfeasance, nonfeasance, or | 962 |
malfeasance in office. | 963 |
Members of the council may be reappointed. | 964 |
The council shall hold at least four regular quarterly | 965 |
meetings each year. Special meetings may be held at the behest of | 966 |
the chairperson or a majority of the members. The council annually | 967 |
shall select from among its members a chairperson, a | 968 |
vice-chairperson, and a secretary to keep a record of its | 969 |
proceedings. | 970 |
A majority vote of the members of the council is necessary to | 971 |
take action in any matter. | 972 |
A member of the council shall serve without compensation for | 973 |
attending council meetings, but shall be reimbursed for all | 974 |
traveling, hotel, and other ordinary and necessary expenses | 975 |
incurred in the performance of the member's work as a member of | 976 |
the council. | 977 |
Membership on the council does not constitute holding a | 978 |
public office or position of employment under the laws of this | 979 |
state and does not constitute grounds for removal of public | 980 |
officers or employees from their offices or positions of | 981 |
employment. | 982 |
The council shall do all of the following: | 983 |
(A) In conjunction with the chief of recycling and litter | 984 |
prevention and with the approval of the director of natural | 985 |
resources, establish criteria by which to certify, and certify, | 986 |
agencies of the state, municipal corporations with a population of | 987 |
more than fifty thousand, counties, and solid waste management | 988 |
districts as eligible to receive grants under section 1502.05 of | 989 |
the Revised Code; | 990 |
| 991 |
the director, establish criteria by which to certify, and certify, | 992 |
political subdivisions for receipt of special grants for | 993 |
activities or projects that are intended to accomplish the | 994 |
purposes of any of the programs established under section 1502.03 | 995 |
of the Revised Code; | 996 |
| 997 |
under this chapter. | 998 |
Sec. 1502.05. (A) The chief of recycling and litter | 999 |
prevention, pursuant to
division | 1000 |
Revised Code and with the approval of the director of natural | 1001 |
resources, may make grants from the recycling and litter | 1002 |
prevention fund created in section 1502.02 of the Revised Code to | 1003 |
accomplish the purposes of the programs established under section | 1004 |
1502.03 of the Revised Code. | 1005 |
(B) Except as provided in division (C) of this section, the | 1006 |
chief, with the approval of the director, may require any eligible | 1007 |
applicant certified by the recycling and litter prevention | 1008 |
advisory council under division | 1009 |
Revised Code that applies for a grant for an activity or project | 1010 |
that is intended to further the purposes of any program | 1011 |
established under division (A)(1), (2), or (4) of section 1502.03 | 1012 |
of the Revised Code to provide a matching contribution of not more | 1013 |
than fifty per cent of the grant. | 1014 |
(C) Notwithstanding division (B) of this section, any grant | 1015 |
awarded under division (A) of this section to foster cooperative | 1016 |
research and development regarding recycling or the cooperative | 1017 |
establishment or expansion of private recycling facilities or | 1018 |
programs shall be made in conjunction with a contribution to the | 1019 |
project by a cooperating enterprise that maintains or proposes to | 1020 |
maintain a relevant research and development or recycling facility | 1021 |
or program in this state or by an agency of the state, provided | 1022 |
that funding provided by a state agency shall not be provided from | 1023 |
general revenue funds appropriated by the general assembly. No | 1024 |
grant made under division (A) of this section for the purposes | 1025 |
described in this division shall exceed the contribution made by | 1026 |
the cooperating enterprise or state agency. The chief may consider | 1027 |
cooperating contributions in the form of state of the art new | 1028 |
equipment or in other forms if the chief determines that the | 1029 |
contribution is essential to the successful implementation of the | 1030 |
project. | 1031 |
Grants made under division (A) of this section for the | 1032 |
purposes described in this division shall be made in such form and | 1033 |
conditioned on such terms as the chief considers to be | 1034 |
appropriate. | 1035 |
(D)(1) The chief, with the approval of the director, may | 1036 |
require any eligible applicant certified by the recycling and | 1037 |
litter
prevention advisory council under division | 1038 |
section 1502.04 of the Revised Code that applies for a grant that | 1039 |
is intended to further the purposes of the program established | 1040 |
under division (A)(3) of section 1502.03 of the Revised Code, | 1041 |
except any eligible applicant that is or is located in a county | 1042 |
that has a per capita income equal to or below ninety per cent of | 1043 |
the median county per capita income of the state as determined by | 1044 |
the chief using the most recently available figures from the | 1045 |
United States census bureau, to provide a matching contribution as | 1046 |
follows: | 1047 |
(a) Up to ten per cent of the grant from any eligible | 1048 |
applicant that is or is located in a county that has a per capita | 1049 |
income above ninety per cent of the median county per capita | 1050 |
income of the state, but equal to or below one hundred per cent of | 1051 |
the median county per capita income of the state; | 1052 |
(b) Up to twenty per cent of the grant from any eligible | 1053 |
applicant that is or is located in a county that has a per capita | 1054 |
income above the median county per capita income of the state. | 1055 |
(2) If the eligible applicant is a joint solid waste | 1056 |
management district or is filing a joint application on behalf of | 1057 |
two or more counties, the matching contribution required under | 1058 |
division (D)(1) of this section shall be the average of the | 1059 |
matching contributions of all of the counties covered by the | 1060 |
application as determined in accordance with that division. The | 1061 |
matching contribution of a county that has a per capita income | 1062 |
equal to or below ninety per cent of the median county per capita | 1063 |
income of the state shall be included as zero in calculating the | 1064 |
average matching contribution. | 1065 |
(E) After receiving notice from the director of environmental | 1066 |
protection that each county within the state is subject to the | 1067 |
solid waste management plan of a solid waste management district, | 1068 |
the chief shall ensure that not less than fifty per cent of the | 1069 |
moneys distributed as grants under this section shall be expended | 1070 |
for the purposes of recycling and recycling market development. | 1071 |
Sec. 1502.11. (A) | 1072 |
1073 | |
prepare, with the assistance of the recycling and litter | 1074 |
prevention
advisory council, and | 1075 |
the director of natural resources shall approve, a revised | 1076 |
1077 | |
plan not later than the thirty-first day of December every two | 1078 |
years. | 1079 |
(1) Identify the types of recyclables, the recycling of which | 1080 |
will receive assistance under the plan; | 1081 |
(2) Assess the need for and recommend specific types of | 1082 |
direct financial assistance to be provided by the state, including | 1083 |
grants, low-interest loans, bonds, and rebates and guarantees for | 1084 |
projects such as retooling costs for manufacturers and industrial | 1085 |
plants to use recycled materials, capitalization business | 1086 |
incubators, new product research and development, demonstration | 1087 |
projects, and the application and uses of recycled materials; | 1088 |
(3) Assess the need for and recommend specific types of other | 1089 |
assistance to be provided by the state, including the creation of | 1090 |
enterprise zones and other tax incentives and exemptions, job | 1091 |
training and managerial assistance, facilitation of technology | 1092 |
transfers, provision of technical information to industries and to | 1093 |
counties, townships, municipal corporations, and solid waste | 1094 |
management districts, provision of consumer information, and | 1095 |
establishment of a computer information network; | 1096 |
(4) Designate a specific state agency to administer each | 1097 |
component of the plan recommended under divisions (A)(2) and (3) | 1098 |
of this section; | 1099 |
(5) Determine the funding level needed for each component of | 1100 |
the plan recommended under divisions (A)(2) and (3) of this | 1101 |
section, and establish biennial budget estimates for the main | 1102 |
operating biennial budget needed by the state agency designated to | 1103 |
administer the component under division (A)(4) of this section; | 1104 |
(6) Recommend necessary statutory changes, provided that the | 1105 |
changes have been endorsed by a two-thirds vote of the recycling | 1106 |
and litter prevention advisory council. | 1107 |
(B) Each revised plan prepared under division (A) of this | 1108 |
section shall do both of the following: | 1109 |
(1) Review the relevant activities of each state agency | 1110 |
designated to administer a component of the previous plan; | 1111 |
(2) Recommend any needed changes in the components of the | 1112 |
previous plan prepared under divisions (A)(1) to (6) of this | 1113 |
section, including the addition or deletion of any components. | 1114 |
| 1115 |
administer a component of the plan shall do both of the following: | 1116 |
(1) Administer that component as provided in the plan; | 1117 |
(2) Include in its biennial budget estimates for the main | 1118 |
operating biennial budget the budget estimates established | 1119 |
pursuant to division (A)(5) of this section. | 1120 |
| 1121 |
be submitted upon completion to the governor, the speaker of the | 1122 |
house of representatives, and the president of the senate. | 1123 |
Sec. 1502.12. (A) There is hereby created in the state | 1124 |
treasury the scrap tire grant fund, consisting of moneys | 1125 |
transferred to the fund under section 3734.82 of the Revised Code. | 1126 |
The chief of the division of recycling and litter prevention, with | 1127 |
the approval of the director of natural resources, may make grants | 1128 |
from the fund for the purpose of supporting market development | 1129 |
activities for scrap tires. The grants may be awarded to | 1130 |
individuals, businesses, and entities certified under division | 1131 |
1132 |
(B) Projects and activities that are eligible for grants | 1133 |
under this section shall be evaluated for funding using, at a | 1134 |
minimum, the following criteria: | 1135 |
(1) The degree to which a proposed project contributes to the | 1136 |
increased use of scrap tires generated in this state; | 1137 |
(2) The degree of local financial support for a proposed | 1138 |
project; | 1139 |
(3) The technical merit and quality of a proposed project. | 1140 |
Sec. 1506.30. As used in sections 1506.30 to | 1141 |
of the Revised Code: | 1142 |
(A) "Abandoned property" means a submerged aircraft; a | 1143 |
submerged watercraft, including a ship, boat, canoe, skiff, raft, | 1144 |
or barge; the rigging, gear, fittings, trappings, and equipment of | 1145 |
a submerged aircraft or watercraft; the personal property of the | 1146 |
officers, crew, and passengers of a submerged aircraft or | 1147 |
watercraft; the cargo of a submerged aircraft or watercraft that | 1148 |
has been deserted, relinquished, cast away, or left behind and for | 1149 |
which attempts at reclamation have been abandoned by the owners | 1150 |
and insurers; and submerged materials resulting from activities of | 1151 |
prehistoric and historic native Americans. | 1152 |
(B) "Lake Erie" means that portion of the waters and lands of | 1153 |
Lake Erie belonging to the state as provided in section 1506.10 of | 1154 |
the Revised Code. | 1155 |
(C) "Historical value" means the quality of significance | 1156 |
exemplified by an object, structure, site, or district that is | 1157 |
included in or eligible for inclusion in the state registry of | 1158 |
archaeological landmarks authorized under section 149.51 of the | 1159 |
Revised Code, the state registry of historic landmarks authorized | 1160 |
under section 149.55 of the Revised Code, or the national register | 1161 |
of historic places. | 1162 |
(D) "Marine surveyor" means a person engaged in the business | 1163 |
of mapping or surveying submerged lands and abandoned property. | 1164 |
(E)
"Mechanical or other assistance" means all
| 1165 |
artificial devices used to raise or remove artifacts from | 1166 |
abandoned property, including pry bars, wrenches and other hand or | 1167 |
power tools, cutting torches, explosives, winches, flotation bags, | 1168 |
lines to surface, extra divers buoyancy devices, and other | 1169 |
buoyancy devices. | 1170 |
(F) "Recreational value" means value relating to an activity | 1171 |
in which the public engages or may engage for recreation or sport, | 1172 |
including scuba diving and fishing, as determined by the director | 1173 |
of natural resources. | 1174 |
Sec. 1506.34. (A) The director of natural resources, with | 1175 |
the approval of the director of the Ohio historical society, shall | 1176 |
establish policies and may adopt rules necessary to implement and | 1177 |
administer sections 1506.30 to | 1178 |
Code. Not less than forty-five days prior to adopting a rule under | 1179 |
this section or section 1506.31 of the Revised Code, the director | 1180 |
of natural resources shall send a copy of the proposed rule to the | 1181 |
director of the Ohio historical society, who shall promptly review | 1182 |
it. Not more than thirty days after receiving the proposed rule, | 1183 |
the director of the Ohio historical society shall return the rule | 1184 |
to the director of natural
resources together with | 1185 |
1186 | |
of
the proposed rule. If | 1187 |
1188 | |
the rule, | 1189 |
1190 | |
the director
considers necessary to obtain | 1191 |
director's approval. The director of natural resources shall not | 1192 |
adopt a rule under those sections that has not been approved by | 1193 |
the director of the Ohio historical society. If the director of | 1194 |
the Ohio historical society does not respond within thirty days as | 1195 |
prescribed in this section, the
rule is deemed approved by | 1196 |
1197 |
(B) The director of natural resources shall inform the public | 1198 |
of the requirements of sections 1506.30 to | 1199 |
Revised Code and any policies established and rules adopted under | 1200 |
them. In complying with this section, the director may establish | 1201 |
or conduct educational programs or seminars, print and distribute | 1202 |
informational pamphlets, and provide detailed information to | 1203 |
organizations that conduct scuba diving training programs. | 1204 |
(C) The director of natural resources may hire or contract | 1205 |
with a marine archaeologist, a marine historian, a marine | 1206 |
surveyor, or any combination | 1207 |
the purposes of implementing and administering sections 1506.30 to | 1208 |
1209 | |
them. | 1210 |
Sec. 1506.35. (A) The director of natural resources may | 1211 |
suspend or revoke, in accordance with Chapter 119. of the Revised | 1212 |
Code, a permit issued under section 1506.32 of the Revised Code if | 1213 |
the permit holder has done either of the following: | 1214 |
(1) Failed to comply with sections 1506.30 to | 1215 |
of the Revised Code, any rules adopted under those sections, or | 1216 |
any
provision or condition of | 1217 |
(2) Damaged abandoned property other than in accordance with | 1218 |
the provisions or conditions of the permit. | 1219 |
(B) Any motor vehicle, as defined in section 4501.01 of the | 1220 |
Revised Code, watercraft, as defined in section 1547.01 of the | 1221 |
Revised Code, mechanical or other assistance, scuba gear, sonar | 1222 |
equipment, or other equipment used by any person in the course of | 1223 |
committing a third or subsequent violation of division (K) of | 1224 |
section 1506.32 of the Revised Code shall be considered contraband | 1225 |
for the purposes of sections 2933.42 and 2933.43 of the Revised | 1226 |
Code, except that proceeds from the sale of such contraband shall | 1227 |
be disposed of in the following order: | 1228 |
(1) To the payment of the costs incurred in the forfeiture | 1229 |
proceedings under section 2933.43 of the Revised Code; | 1230 |
(2) To the payment of the balance due on any security | 1231 |
interest preserved under division (C) of section 2933.43 of the | 1232 |
Revised Code; | 1233 |
(3) To the payment of any costs incurred by the seizing | 1234 |
agency under section 2933.43 of the Revised Code in connection | 1235 |
with the storage, maintenance, security, and forfeiture of the | 1236 |
contraband; | 1237 |
(4) Fifty per cent of the remaining money to the credit of | 1238 |
the Lake Erie submerged lands preserves fund created in division | 1239 |
(C) of this section, and fifty per cent of the remaining money to | 1240 |
the Ohio historical society for deposit into the fund created | 1241 |
pursuant to division (C) of section 149.56 of the Revised Code. | 1242 |
(C) There is hereby created in the state treasury the Lake | 1243 |
Erie submerged lands preserves fund. The fund shall be composed of | 1244 |
moneys credited to it under division (B)(4) of this section and | 1245 |
division (D)(2) of section 1506.33 of the Revised Code, all | 1246 |
appropriations, contributions, and gifts made to it, and any | 1247 |
federal grants received by the department of natural resources for | 1248 |
the purposes of sections 1506.30 to 1506.36 of the Revised Code. | 1249 |
The director shall use the moneys in the Lake Erie submerged lands | 1250 |
preserves fund solely to implement and administer sections 1506.30 | 1251 |
to | 1252 |
(D) The director may request the attorney general to, and the | 1253 |
attorney general shall, bring a civil action in any court of | 1254 |
competent jurisdiction for any of the following purposes: | 1255 |
(1) To enforce compliance with or restrain violation of | 1256 |
sections 1506.30 to | 1257 |
adopted under those sections, or any permit issued under section | 1258 |
1506.32 of the Revised Code; | 1259 |
(2) To enjoin the further removal of abandoned property or | 1260 |
archaeological material from Lake Erie; | 1261 |
(3) To order the restoration of an area affected by a | 1262 |
violation of sections 1506.30 to | 1263 |
Code or of a permit issued under section 1506.32 of the Revised | 1264 |
Code to its prior condition. | 1265 |
Any action under this division is a civil action governed by | 1266 |
the Rules of Civil Procedure. | 1267 |
(E) A peace officer of a county, township, or municipal | 1268 |
corporation, and a preserve officer, wildlife officer, park | 1269 |
officer, or watercraft officer designated under section 1517.10, | 1270 |
1531.13, 1541.10, or 1547.521 of the Revised Code, as applicable, | 1271 |
may enforce compliance with sections 1506.30 to | 1272 |
the Revised Code, any rules adopted under those sections, and any | 1273 |
permit issued under section 1506.32 of the Revised Code and may | 1274 |
make arrests for violation of those laws, rules, and permits. | 1275 |
Sec. 1517.02. There is hereby created in the department of | 1276 |
natural resources the division of natural areas and preserves, | 1277 |
which shall be administered by the chief of natural areas and | 1278 |
preserves. The chief shall take an oath of office and shall file | 1279 |
in the office of the secretary of state a
bond signed by | 1280 |
the chief and by a surety approved by the governor for a sum fixed | 1281 |
pursuant to section 121.11 of the Revised Code. | 1282 |
The chief shall administer a system of nature preserves and | 1283 |
wild, scenic, and recreational river areas. The chief shall | 1284 |
establish a system of nature preserves through acquisition and | 1285 |
dedication of natural areas of state or national significance, | 1286 |
which shall include, but not be limited to, areas which represent | 1287 |
characteristic examples of Ohio's natural landscape types and its | 1288 |
natural vegetation and geological history. The chief shall | 1289 |
encourage landowners to dedicate areas of unusual significance as | 1290 |
nature preserves, and shall establish and maintain a registry of | 1291 |
natural areas of unusual significance. | 1292 |
The chief may supervise, operate, protect, and maintain wild, | 1293 |
scenic, and recreational river areas, as designated by the | 1294 |
director of natural resources. The chief may cooperate with | 1295 |
federal agencies administering any federal program concerning | 1296 |
wild, scenic, or recreational river areas. | 1297 |
The chief may, with the approval of the director, enter into | 1298 |
an agreement with the United States department of commerce under | 1299 |
the "Coastal Zone Management Act of 1972," 86 Stat. 1280, 16 | 1300 |
U.S.C.A. 1451, as amended, for the purpose of receiving grants to | 1301 |
continue the management, operation, research, and programming at | 1302 |
old woman creek national estuarine research reserve. | 1303 |
The chief shall | 1304 |
(A) Formulate policies and plans for the acquisition, use, | 1305 |
management, and protection of nature preserves; | 1306 |
(B) Formulate policies for the selection of areas suitable | 1307 |
for registration; | 1308 |
(C) Formulate policies for the dedication of areas as nature | 1309 |
preserves; | 1310 |
(D) Prepare and maintain surveys and inventories of natural | 1311 |
areas and habitats of rare and endangered species of plants and | 1312 |
animals; | 1313 |
(E) Adopt rules for the use, visitation, and protection of | 1314 |
nature preserves, "natural areas owned or managed through | 1315 |
easement, license, or lease by the department and administered by | 1316 |
the division," and lands owned "or managed through easement, | 1317 |
license, or lease" by the department and administered by the | 1318 |
division which are within or adjacent to any wild, scenic, or | 1319 |
recreational river area, in accordance with Chapter 119. of the | 1320 |
Revised Code; | 1321 |
(F) Provide facilities and improvements within the state | 1322 |
system of nature preserves that are necessary for their | 1323 |
visitation, use, restoration, and protection and do not impair | 1324 |
their natural character; | 1325 |
(G) Provide interpretive programs and publish and disseminate | 1326 |
information pertaining to nature preserves and natural areas for | 1327 |
their visitation and use; | 1328 |
| 1329 |
conduct of scientific research and investigations within nature | 1330 |
preserves; | 1331 |
| 1332 |
preserves; | 1333 |
| 1334 |
assembly a biennial report of the status and condition of each | 1335 |
nature preserve, activities conducted within each preserve, and | 1336 |
plans and recommendations for natural area preservation. | 1337 |
Sec. 1517.23. | 1338 |
and preserves shall | 1339 |
following: | 1340 |
(A) Formulate policies and plans and establish a program | 1341 |
incorporating them for the identification and protection of the | 1342 |
state's cave resources and adopt, amend, or rescind rules in | 1343 |
accordance with Chapter 119. of the Revised Code to implement that | 1344 |
program; | 1345 |
(B) Provide technical assistance and management advice to | 1346 |
owners upon request concerning the protection of caves on their | 1347 |
land. | 1348 |
Sec. 1518.01. | 1349 |
shall adopt and may amend or rescind rules, in accordance with | 1350 |
Chapter 119. of the Revised Code, setting forth criteria for | 1351 |
identifying and designating species of plants native to | 1352 |
1353 | |
threatened with becoming endangered. The chief shall adopt and may | 1354 |
amend or rescind rules, in accordance with Chapter 119. of the | 1355 |
Revised
Code, setting forth a list of the plants that | 1356 |
the chief determines to be endangered or threatened with | 1357 |
extirpation from this state, applying the criteria so developed. | 1358 |
This list shall identify the common and scientific names of each | 1359 |
species. The list shall include all species native to this state | 1360 |
1361 | |
threatened wildlife and plants" pursuant to the "Endangered | 1362 |
Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531-1543, as | 1363 |
amended. Further, the chief may produce for public education | 1364 |
purposes lists of plant species which shall include the names of | 1365 |
species of plants | 1366 |
through habitat loss, commercial exploitation, or other means. | 1367 |
Sec. 1518.03. | 1368 |
shall adopt and may amend or repeal rules, in accordance with | 1369 |
Chapter 119. of the Revised Code, restricting the taking, | 1370 |
possessing, transportation, sale, offering for sale, or exposure | 1371 |
for sale, for commercial purposes of native Ohio species of wild | 1372 |
plants or parts | 1373 |
threatened by rule adopted under section 1518.01 of the Revised | 1374 |
Code. The rules may prohibit the taking of any endangered or | 1375 |
threatened plant, or parts | 1376 |
from any wood lot, field, or forest, or from any other location in | 1377 |
which | 1378 |
section does not prevent any | 1379 |
who is licensed under Chapter 927. of the Revised Code from | 1380 |
selling, offering for sale, shipping, or otherwise disposing of | 1381 |
any endangered or
threatened plants or parts | 1382 |
1383 | |
nursery or legally imported into this state. For the purposes of | 1384 |
this section, "commercial purposes" means with intent to sell or | 1385 |
trade endangered or threatened plants for gain or profit. | 1386 |
"Commercially grown" means to grow plants under cultivation in | 1387 |
tilled plots or in a greenhouse. | 1388 |
The rules shall provide for the taking of species endangered | 1389 |
or threatened with statewide extirpation for botanical, | 1390 |
educational, and scientific purposes, and for propagation in | 1391 |
captivity to preserve the species, with written permission from | 1392 |
the chief. The rules shall not prohibit the taking or possession | 1393 |
of species listed on the "United States list of endangered and | 1394 |
threatened wildlife and plants" for botanical, educational, or | 1395 |
scientific purposes, or for propagation in captivity to preserve | 1396 |
the species, under a permit or license from the United States or | 1397 |
any instrumentality | 1398 |
Sec. 1551.35. (A) There is hereby established a technical | 1399 |
advisory committee to assist the director of the Ohio coal | 1400 |
development office in achieving the office's purposes. The | 1401 |
director shall appoint to the committee one member of the public | 1402 |
utilities commission and one representative each of coal | 1403 |
production companies, the united mine workers of America, electric | 1404 |
utilities, manufacturers that use Ohio coal, and environmental | 1405 |
organizations, as well as two people with a background in coal | 1406 |
research and development technology, one of whom is employed at | 1407 |
the time of the member's appointment by a state university, as | 1408 |
defined in section 3345.011 of the Revised Code. In addition, the | 1409 |
committee shall include four legislative members. The speaker and | 1410 |
minority leader of the house of representatives each shall appoint | 1411 |
one member of the house of representatives, and the president and | 1412 |
minority leader of the senate each shall appoint one member of the | 1413 |
senate, to the committee. The director of environmental protection | 1414 |
1415 | |
as | 1416 |
designate in writing a substitute to serve in the member's absence | 1417 |
on the committee. The director of environmental protection may | 1418 |
designate in writing the chief of the air pollution control | 1419 |
division of the agency to represent the agency. Members shall | 1420 |
serve on the committee at the pleasure of their appointing | 1421 |
authority. Members of the committee appointed by the director of | 1422 |
the office and, notwithstanding section 101.26 of the Revised | 1423 |
Code, legislative members of the committee, when engaged in their | 1424 |
official duties as members of the committee, shall be compensated | 1425 |
on a per diem basis in accordance with division (J) of section | 1426 |
124.15 of the Revised Code, except that the member of the public | 1427 |
utilities commission and, while employed by a state university, | 1428 |
the member with a background in coal research, shall not be so | 1429 |
compensated. Members shall receive their actual and necessary | 1430 |
expenses incurred in the performance of their duties. | 1431 |
(B) The technical advisory committee shall review and make | 1432 |
recommendations concerning the Ohio coal development agenda | 1433 |
required under section 1551.34 of the Revised Code, project | 1434 |
proposals, research and development projects submitted to the | 1435 |
office by public utilities for the purpose of section 4905.304 of | 1436 |
the Revised Code, proposals for grants, loans, and loan guarantees | 1437 |
for purposes of sections 1555.01 to 1555.06 of the Revised Code, | 1438 |
and such other topics as the director of the office considers | 1439 |
appropriate. | 1440 |
(C) The technical advisory committee may hold an executive | 1441 |
session at any regular or special meeting for the purpose of | 1442 |
considering research and development project proposals or | 1443 |
applications for assistance submitted to the Ohio coal development | 1444 |
office under section 1551.33, or sections 1555.01 to 1555.06, of | 1445 |
the Revised Code, to the extent that | 1446 |
applications consist of trade secrets or other proprietary | 1447 |
information. | 1448 |
Any materials or data submitted to, made available to, or | 1449 |
received by the Ohio air quality development authority or the | 1450 |
director of the Ohio coal development office in connection with | 1451 |
agreements for assistance entered into under this chapter or | 1452 |
Chapter 1555. of the Revised Code, or any information taken from | 1453 |
1454 | |
the materials or data consist of trade secrets or other | 1455 |
proprietary information, are not public records for the purposes | 1456 |
of section 149.43 of the Revised Code. | 1457 |
As used in this division, "trade secrets" has the same | 1458 |
meaning as in section 1333.61 of the Revised Code. | 1459 |
Sec. 2323.44. (A)(1) There is hereby created the Ohio | 1460 |
subrogation rights commission consisting of six voting members and | 1461 |
1462 | |
voting member, a person shall be a current member of the general | 1463 |
assembly. The president of the senate and the speaker of the house | 1464 |
of representatives shall jointly appoint | 1465 |
1466 | |
pertaining to insurance are referred shall be a member of the | 1467 |
commission. The | 1468 |
which bills pertaining to insurance are referred shall be a member | 1469 |
of the commission. The | 1470 |
minority member of the senate committee to which bills pertaining | 1471 |
to civil justice are referred shall each be a member of the | 1472 |
commission. The | 1473 |
member of the house committee to which bills pertaining to civil | 1474 |
justice are referred shall each be a member of the commission. Of | 1475 |
the | 1476 |
senate and the speaker of the house of representative, one shall | 1477 |
represent a health insuring company doing business in the state | 1478 |
1479 | |
state, one shall represent the Ohio academy of trial lawyers, one | 1480 |
shall represent a property and casualty insurance company doing | 1481 |
business in | 1482 |
association, and one shall represent a sickness and accident | 1483 |
insurer doing business in | 1484 |
appointees shall have expertise in insurance law, including | 1485 |
subrogation rights. Of the remaining three members jointly | 1486 |
appointed by the president of the senate and the speaker of the | 1487 |
house of representatives, one shall represent plaintiffs in tort | 1488 |
actions who suffered damages as a result of the injury, death, or | 1489 |
loss to person or property upon which the tort actions were based, | 1490 |
and two shall represent employers whose primary place of business | 1491 |
is located in this state, one of which shall represent a small | 1492 |
employer. A member of the Ohio judicial conference who is an | 1493 |
elected or appointed judge shall be a member of the commission. | 1494 |
(2) As used in this division: | 1495 |
(a) "Small employer" means an employer who employs not more | 1496 |
than one hundred persons on a full-time permanent basis, or, if | 1497 |
the employer is classified as being in the manufacturing sector by | 1498 |
the North American industrial classification system, an employer | 1499 |
who employs not more than five hundred persons on a full-time | 1500 |
permanent basis. | 1501 |
(b) "Tort action" means a civil action for damages for | 1502 |
injury, death, or loss to person or property. "Tort action" | 1503 |
includes a product liability claim, as defined in section 2307.71 | 1504 |
of the Revised Code, but does not include a civil action for | 1505 |
damages for a breach of contract or another agreement between | 1506 |
persons. | 1507 |
(B) The commission shall do all of the following: | 1508 |
(1) Investigate the problems posed by, and the issues | 1509 |
surrounding, the N. Buckeye Educ. Council Group Health Benefits | 1510 |
Plan v. Lawson (2004), 103 Ohio St. 3d 188 decision regarding | 1511 |
subrogation; | 1512 |
(2) Prepare a report of recommended legislative solutions to | 1513 |
the court decision referred to in division (B)(1) of this section; | 1514 |
(3) Submit a report of its findings to the members of the | 1515 |
general assembly not later | 1516 |
2005. | 1517 |
(C) Any vacancy in the membership of the commission shall be | 1518 |
filled in the same manner in which the original appointment was | 1519 |
made. | 1520 |
(D) The chairpersons of the house and senate committees to | 1521 |
which bills pertaining to insurance are referred shall jointly | 1522 |
call the first meeting of the commission not later than | 1523 |
1524 | |
first meeting shall be organizational, and the voting members of | 1525 |
the commission shall determine the chairperson from among | 1526 |
1527 |
(E) The legislative service commission shall provide any | 1528 |
technical, professional, and clerical employees that are necessary | 1529 |
for the commission to perform its duties. | 1530 |
(F) All meetings of the commission are public meetings and | 1531 |
shall be open to the public at all times. A member of the | 1532 |
commission must be present in person at a meeting that is open to | 1533 |
the public in order to be considered present or to vote at the | 1534 |
meeting and for the purposes of determining whether a quorum is | 1535 |
present. The commission shall promptly prepare and maintain the | 1536 |
minutes of its meetings, and the minutes shall be public records | 1537 |
under section 149.43 of the Revised Code. The commission shall | 1538 |
give reasonable notice of its meetings so that any person may | 1539 |
determine the time and place of all scheduled meetings. The | 1540 |
commission shall not hold a meeting unless it gives at least | 1541 |
twenty-four hours advance notice to the news media organizations | 1542 |
that have requested notification of its meetings. | 1543 |
Sec. 3358.10. Sections 3354.10, 3354.121, 3354.15, | 1544 |
3354.16 of the Revised Code apply to state community college | 1545 |
districts and their boards of trustees. | 1546 |
Sec. 3375.61. In recognition of the work the Ohioana Library | 1547 |
Association, | 1548 |
Memorial, a corporation organized not for profit under the laws of | 1549 |
this state, has done and is doing to collect, promote, publicize, | 1550 |
and make available to the public the cultural, literary, | 1551 |
scientific, social, and economic achievements of Ohioans, the | 1552 |
state may grant financial aid to | 1553 |
that the purposes for which it was instituted may be fostered and | 1554 |
its services to the public improved and expanded. | 1555 |
Sec. 3375.62. The governor shall appoint four members of the | 1556 |
board of
trustees of the Ohioana Library Association | 1557 |
1558 | |
office shall be for four years, commencing on the sixteenth day of | 1559 |
September and ending on the fifteenth day of September. Each | 1560 |
member shall hold office from the date of appointment until the | 1561 |
end of the term for which appointed. Any member appointed to fill | 1562 |
a vacancy occurring prior to the expiration of the term for which | 1563 |
1564 | |
office for the remainder of | 1565 |
continue in office
subsequent to the expiration date of | 1566 |
1567 | |
successor takes office, or until a period of sixty days has | 1568 |
elapsed, whichever occurs first.
| 1569 |
gubernatorial appointees shall serve as members of the board of | 1570 |
trustees in addition to the regular constituted board of trustees | 1571 |
of the corporation. | 1572 |
Sec. 3383.01. As used in this chapter: | 1573 |
(A)
" | 1574 |
(1) Visual, musical, dramatic, graphic, design, and other | 1575 |
arts, including, but not limited to, architecture, dance, | 1576 |
literature, motion pictures, music, painting, photography, | 1577 |
sculpture, and theater, and the provision of training or education | 1578 |
in these arts; | 1579 |
(2) The presentation or making available, in museums or other | 1580 |
indoor or outdoor facilities, of principles of science and their | 1581 |
development, use, or application in business, industry, or | 1582 |
commerce or of the history, heritage, development, presentation, | 1583 |
and uses of the arts described in division (A)(1) of this section | 1584 |
and of transportation; | 1585 |
(3) The preservation, presentation, or making available of | 1586 |
features of archaeological, architectural, environmental, or | 1587 |
historical interest or significance in a state historical facility | 1588 |
or a local historical facility. | 1589 |
(B)
" | 1590 |
following: | 1591 |
(1) A governmental agency or Ohio nonprofit corporation that | 1592 |
provides programs or activities in areas directly concerned with | 1593 |
1594 |
(2) A regional arts and cultural district as defined in | 1595 |
section 3381.01 of the Revised Code. | 1596 |
(C)
" | 1597 |
an
Ohio | 1598 |
has specifically authorized the spending of money, or made an | 1599 |
appropriation, pursuant to division (D)(3) or (E) of section | 1600 |
3383.07 of the Revised Code. | 1601 |
(D) "Cooperative contract" means a contract between the Ohio | 1602 |
1603 | |
organization providing the terms and conditions of the cooperative | 1604 |
use of an
Ohio | 1605 |
(E) "Costs of operation" means amounts required to manage an | 1606 |
Ohio | 1607 |
completion of
construction of its | 1608 |
provided that both of the following apply: | 1609 |
(1) Those amounts either: | 1610 |
(a) Have been committed to a fund dedicated to that purpose; | 1611 |
(b) Equal the principal of any endowment fund, the income | 1612 |
from which is dedicated to that purpose. | 1613 |
(2) The commission and the | 1614 |
have executed an agreement with respect to either of those funds. | 1615 |
(F) "General building services" means general building | 1616 |
services for an Ohio | 1617 |
facility, including, but not limited to, general custodial care, | 1618 |
security, maintenance, repair, painting, decoration, cleaning, | 1619 |
utilities, fire safety, grounds and site maintenance and upkeep, | 1620 |
and plumbing. | 1621 |
(G) "Governmental agency" means a state agency, a | 1622 |
state-supported or state-assisted institution of higher education, | 1623 |
a municipal corporation, county, township, or school district, a | 1624 |
port authority created under Chapter 4582. of the Revised Code, | 1625 |
any other political subdivision or special district in this state | 1626 |
established by or pursuant to law, or any combination of these | 1627 |
entities; except where otherwise indicated, the United States or | 1628 |
any department, division, or agency of the United States, or any | 1629 |
agency, commission, or authority established pursuant to an | 1630 |
interstate compact or agreement. | 1631 |
(H) "Local contributions" means the value of an asset | 1632 |
provided by
or on behalf of | 1633 |
from sources other than the state, the value and nature of which | 1634 |
shall be
approved by the Ohio | 1635 |
commission, in its sole discretion. "Local contributions" may | 1636 |
include the value of
the site
where | 1637 |
is to be constructed. All "local contributions," except a | 1638 |
contribution attributable to such a site, shall be for the costs | 1639 |
of construction of | 1640 |
1641 | |
endowment for the costs of operation of | 1642 |
facility. | 1643 |
(I) "Local historical facility" means a site or facility, | 1644 |
other than a state historical facility, of archaeological, | 1645 |
architectural, environmental, or historical interest or | 1646 |
significance, or a facility, including a storage facility, | 1647 |
appurtenant to the operations of such a site or facility, that is | 1648 |
owned by | 1649 |
meets the requirements of division (K)(2)(b) of this section, is | 1650 |
managed
by
or pursuant to a contract with
the Ohio | 1651 |
cultural facilities commission, and is used for or in connection | 1652 |
with the activities of the commission, including the presentation | 1653 |
or making
available
of | 1654 |
(J) "Manage," "operate," or "management" means the provision | 1655 |
of, or the exercise of control over the provision of, activities: | 1656 |
(1) Relating to | 1657 |
facility, including as applicable, but not limited to, providing | 1658 |
for displays, exhibitions, specimens, and models; booking of | 1659 |
artists, performances, or presentations; scheduling; and hiring or | 1660 |
contracting for directors, curators, technical and scientific | 1661 |
staff, ushers, stage managers, and others directly related to the | 1662 |
1663 | |
general building services; | 1664 |
(2) Relating to sports and athletic events for an Ohio sports | 1665 |
facility, including as applicable, but not limited to, providing | 1666 |
for booking of athletes, teams, and events; scheduling; and hiring | 1667 |
or contracting for staff, ushers, managers, and others directly | 1668 |
related to the sports and athletic events in the facility; but not | 1669 |
including general building services. | 1670 |
(K)
"Ohio | 1671 |
following: | 1672 |
(1) The theaters located in the state office tower at 77 | 1673 |
South High street in Columbus; | 1674 |
(2) Any capital facility in this state to which both of the | 1675 |
following apply: | 1676 |
(a) The construction of | 1677 |
to the facility was authorized or funded by the general assembly | 1678 |
pursuant to division (D)(3) of section 3383.07 of the Revised Code | 1679 |
and
proceeds of state bonds are used for costs of the | 1680 |
cultural project. | 1681 |
(b) The facility is managed directly by, or is subject to a | 1682 |
cooperative or management contract
with, the Ohio | 1683 |
cultural facilities commission, and is used for or in connection | 1684 |
with the activities of the commission, including the presentation | 1685 |
or making
available of | 1686 |
provision of training or
education in | 1687 |
(3) A state historical facility or a local historical | 1688 |
facility. | 1689 |
(L) "State agency" means the state or any of its branches, | 1690 |
officers, boards, commissions, authorities, departments, | 1691 |
divisions, or other units or agencies. | 1692 |
(M) "Construction" includes acquisition, including | 1693 |
acquisition by lease-purchase, demolition, reconstruction, | 1694 |
alteration, renovation, remodeling, enlargement, improvement, site | 1695 |
improvements, and related equipping and furnishing. | 1696 |
(N) "State historical facility" means a site or facility of | 1697 |
archaeological, architectural, environmental, or historical | 1698 |
interest or significance, or a facility, including a storage | 1699 |
facility, appurtenant to the operations of such a site or | 1700 |
facility, that is owned by or is located on real property owned by | 1701 |
the state or by | 1702 |
real property
of the | 1703 |
to state-owned real property that is in the care, custody, and | 1704 |
control of | 1705 |
directly by or is subject to a cooperative or management contract | 1706 |
with the Ohio | 1707 |
for or in connection with the activities of the commission, | 1708 |
including the
presentation or
making
available of | 1709 |
to the public. | 1710 |
(O) "Ohio sports facility" means all or a portion of a | 1711 |
stadium, arena, motorsports complex, or other capital facility in | 1712 |
this state, a primary purpose of which is to provide a site or | 1713 |
venue for the presentation to the public of either motorsports | 1714 |
events or events of one or more major or minor league professional | 1715 |
athletic or sports teams that are associated with the state or | 1716 |
with a city or region of the state, which facility is, in the case | 1717 |
of a motorsports complex, owned by the state or governmental | 1718 |
agency, or in all other instances, is owned by or is located on | 1719 |
real property owned by the state or a governmental agency, and | 1720 |
including all parking facilities, walkways, and other auxiliary | 1721 |
facilities, equipment, furnishings, and real and personal property | 1722 |
and interests and rights therein, that may be appropriate for or | 1723 |
used for or in connection with the facility or its operation, for | 1724 |
capital costs of which state funds are spent pursuant to this | 1725 |
chapter. A facility constructed as an Ohio sports facility may be | 1726 |
both an
Ohio | 1727 |
facility. | 1728 |
(P) "Motorsports" means sporting events in which motor | 1729 |
vehicles are driven on a clearly demarcated tracked surface. | 1730 |
Sec. 3383.02. (A) There is hereby created the Ohio | 1731 |
cultural facilities commission. The commission shall engage in and | 1732 |
provide for the development, performance, and presentation or | 1733 |
making available of | 1734 |
athletics to the public in this state, and the provision of | 1735 |
training or education in | 1736 |
powers under this chapter, including the provision, operation, | 1737 |
management, and cooperative use of Ohio
| 1738 |
facilities and Ohio sports facilities. The commission is a body | 1739 |
corporate and politic, an agency of state government and an | 1740 |
instrumentality of the state, performing essential governmental | 1741 |
functions of this state. The carrying out of the purposes and the | 1742 |
exercise by the commission of its powers conferred by this chapter | 1743 |
are essential public functions and public purposes of the state | 1744 |
and of state government. The commission may, in its own name, sue | 1745 |
and be sued, enter into contracts, and perform all the powers and | 1746 |
duties given to it by this chapter; however, it does not have and | 1747 |
shall not exercise the power of eminent domain. | 1748 |
(B) The commission shall consist of ten members, seven of | 1749 |
whom shall be voting members and three of whom shall be nonvoting | 1750 |
members. The seven voting members shall be appointed by the | 1751 |
governor, with the advice and consent of the senate, from | 1752 |
different geographical regions of the state. In addition, one of | 1753 |
the voting members shall represent the state architect. Not more | 1754 |
than four of the members appointed by the governor shall be | 1755 |
affiliated with the same political party. The nonvoting members | 1756 |
shall be the staff director of the Ohio arts council, a member of | 1757 |
the senate appointed by the president of the senate, and a member | 1758 |
of the house of representatives appointed by the speaker of the | 1759 |
house. | 1760 |
(C) Of the five initial appointments made by the governor, | 1761 |
one shall be for a term expiring December 31, 1989, two shall be | 1762 |
for terms expiring December 31, 1990, and two shall be for terms | 1763 |
expiring December 31, 1991. Of the initial appointments of the | 1764 |
sixth and seventh
voting members | 1765 |
shall be for a term expiring December 31, 2003, and one shall be | 1766 |
for a term expiring December 31, 2004. Thereafter, each such term | 1767 |
shall be for three years, commencing on the first day of January | 1768 |
and ending on the thirty-first day of December. Each appointment | 1769 |
by the president of the senate and by the speaker of the house of | 1770 |
representatives shall be for the balance of the then legislative | 1771 |
biennium. Each member shall hold office from the date of the | 1772 |
member's appointment until the end of the term for which the | 1773 |
member was appointed. Any member appointed to fill a vacancy | 1774 |
occurring prior to the expiration of the term for which the | 1775 |
member's predecessor was appointed shall hold office for the | 1776 |
remainder of such term. Any member shall continue in office | 1777 |
subsequent to the expiration date of the member's term until the | 1778 |
member's successor takes office, or until a period of sixty days | 1779 |
has elapsed, whichever occurs first. | 1780 |
(D) Members of the commission shall serve without | 1781 |
compensation. | 1782 |
(E) Organizational meetings of the commission shall be held | 1783 |
at the first meeting of each calendar year. At each organizational | 1784 |
meeting, the commission shall elect from among its voting members | 1785 |
a chairperson, a vice-chairperson, and a secretary-treasurer, who | 1786 |
shall serve until the next annual meeting. The commission shall | 1787 |
adopt rules pursuant to section 111.15 of the Revised Code for the | 1788 |
conduct of its internal business and shall keep a journal of its | 1789 |
proceedings. | 1790 |
(F) Four voting members of the commission constitute a | 1791 |
quorum, and the affirmative vote of four members is necessary for | 1792 |
approval of any action taken by the commission. A vacancy in the | 1793 |
membership of the commission does not impair a quorum from | 1794 |
exercising all the rights and performing all the duties of the | 1795 |
commission. Meetings of the commission may be held anywhere in the | 1796 |
state, and shall be held in compliance with section 121.22 of the | 1797 |
Revised Code. | 1798 |
(G) All expenses incurred in carrying out this chapter are | 1799 |
payable solely from money accrued under this chapter or | 1800 |
appropriated for these purposes by the general assembly, and the | 1801 |
commission shall incur no liability or obligation beyond such | 1802 |
money. | 1803 |
(H) The commission shall file an annual report of its | 1804 |
activities and finances with the governor, director of budget and | 1805 |
management, speaker of the house of representatives, president of | 1806 |
the senate, and chairpersons of the house and senate finance | 1807 |
committees. | 1808 |
(I) There is hereby established in the state treasury the | 1809 |
Ohio | 1810 |
All revenues of the commission shall be credited to that fund and | 1811 |
to any accounts created in the fund with the commission's | 1812 |
approval. All expenses of the commission, including reimbursement | 1813 |
of, or payment to, any other fund or any governmental agency for | 1814 |
advances made or services rendered to or on behalf of the | 1815 |
commission, shall be paid from the Ohio | 1816 |
facilities commission administration fund as determined by or | 1817 |
pursuant to directions of the commission. All investment earnings | 1818 |
of the administration fund shall be credited to the fund and shall | 1819 |
be allocated among any accounts created in the fund in the manner | 1820 |
determined by the commission. | 1821 |
(J) Title to all real property and lesser interests in real | 1822 |
property acquired by the commission, including leasehold and other | 1823 |
interests, pursuant to this chapter shall be taken in the name of | 1824 |
the state and shall be held for the use and benefit of the | 1825 |
commission. The commission shall not mortgage such real property | 1826 |
and interests in real property. Title to other property and | 1827 |
interests in it acquired by the commission pursuant to this | 1828 |
chapter shall be taken in its name. | 1829 |
Sec. 3383.03. The Ohio | 1830 |
commission shall do the following: | 1831 |
(A) From time to time, determine the need for | 1832 |
cultural projects,
Ohio | 1833 |
sports facilities, | 1834 |
assembly on the need for any additional
| 1835 |
projects, Ohio | 1836 |
facilities. This division does not apply to state historical | 1837 |
facilities. | 1838 |
(B) Have jurisdiction, control, and possession of, and | 1839 |
supervision over the use and disposition of, all property, rights, | 1840 |
licenses, money, contracts, accounts, liens, books, records, and | 1841 |
other property rights and interests conveyed, delivered, | 1842 |
transferred, or assigned to it; | 1843 |
(C) Use, and provide for the use of, Ohio | 1844 |
facilities and Ohio sports facilities for the commission's | 1845 |
purposes and functions, and conduct reviews necessary to ensure | 1846 |
that uses of those facilities are consistent with statewide | 1847 |
interests and the commission's purposes, including the | 1848 |
presentation or making
available
of | 1849 |
professional athletics and sports to the public in this state and | 1850 |
the provision of training or education in
| 1851 |
(D) Hold a meeting, including the organizational meeting | 1852 |
required by division (E) of section 3383.02 of the Revised Code, | 1853 |
at least quarterly to conduct its business; | 1854 |
(E) Cooperate with any governmental agency or | 1855 |
cultural organization that provides services in, to, or for an | 1856 |
Ohio | 1857 |
governmental agency or nonprofit corporation for the provision or | 1858 |
operation of any Ohio sports facilities. | 1859 |
Sec. 3383.04. The Ohio | 1860 |
commission
may | 1861 |
(A) Employ and fix the compensation of an executive director | 1862 |
and such other employees as will facilitate the activities and | 1863 |
purposes of the commission. Any executive director shall serve at | 1864 |
the pleasure of the commission and may serve part-time. Other | 1865 |
employees shall be employed by and serve at the pleasure of the | 1866 |
commission or the executive director, as determined by the | 1867 |
commission. | 1868 |
(B) Adopt, amend, and rescind, pursuant to section 111.15 of | 1869 |
the Revised Code, rules for the management and operation of Ohio | 1870 |
1871 | |
the exercise of all of the commission's rights with respect to | 1872 |
those facilities; | 1873 |
(C) Own, construct or provide for the construction of, lease, | 1874 |
equip, furnish, administer, and manage or provide for the | 1875 |
operation and management of, and cooperate in the use of, Ohio | 1876 |
1877 |
(D) Dispose of, whether by sale, lease, lease-purchase, | 1878 |
sublease, re-lease, or otherwise, real and personal property, and | 1879 |
lesser interests in it, held or owned by the state for the use and | 1880 |
benefit of the commission or held or owned by the commission, if | 1881 |
not needed for the commission's purposes, upon such terms as the | 1882 |
commission determines, subject to approval by the governor in the | 1883 |
case of real property and interests in it; | 1884 |
(E) Grant such easements and other interests in real or | 1885 |
personal property of the commission as will not interfere with the | 1886 |
use of
the property as an Ohio | 1887 |
Ohio sports facility; | 1888 |
(F) Fix, alter, and collect rentals and other charges for the | 1889 |
use or availability for use of Ohio | 1890 |
or an Ohio sports facility, as determined solely by the | 1891 |
commission, for the purpose of providing for all or a portion of | 1892 |
the costs and expenses of the commission, and the costs to be paid | 1893 |
by the commission of leasing, constructing, equipping, repairing, | 1894 |
maintaining, administering, managing, and cooperating in the use | 1895 |
of Ohio | 1896 |
by the
commission for any Ohio | 1897 |
any Ohio sports facility; | 1898 |
(G) Lease, sublease, cooperate in the use of, or otherwise | 1899 |
make available to a | 1900 |
cultural facilities, and to any governmental agency or nonprofit | 1901 |
corporation, Ohio sports facilities, including real and personal | 1902 |
property, or any interests in it, to carry out the purposes of | 1903 |
this chapter; | 1904 |
(H) Contract with, retain the services of, or designate, and | 1905 |
fix the compensation of, agents, accountants, attorneys, | 1906 |
consultants, advisers, and other independent contractors necessary | 1907 |
or desirable to carry out the purposes of this chapter; | 1908 |
(I) Procure insurance against loss to the commission by | 1909 |
reason of damages to or nonusability of its property resulting | 1910 |
from fire, theft, accident, or other casualties, or by reason of | 1911 |
its liability for any damages to persons or property, including | 1912 |
but not limited to, general liability insurance, business | 1913 |
interruption insurance, liability insurance for members, officers, | 1914 |
and employees, and copyright liability insurance; | 1915 |
(J) Receive and accept gifts, grants, devises, bequests, | 1916 |
loans, and any other financial or other form of aid or assistance | 1917 |
from any governmental agency or other person and enter into any | 1918 |
contract or agreement with any such agency or other person in | 1919 |
connection therewith, and receive and accept aid or contributions | 1920 |
from any other source of money, real or personal property, labor, | 1921 |
or other things of value, to be held, used, and applied only for | 1922 |
the purposes for which the aid and contributions are made and | 1923 |
according to their terms and conditions, all within the purposes | 1924 |
of this chapter; | 1925 |
(K) Make and enter into all contracts, commitments, and | 1926 |
agreements, and execute all instruments, necessary or incidental | 1927 |
to the performance of its duties and the execution of its rights | 1928 |
and powers under this chapter; | 1929 |
(L) Do anything necessary or appropriate to carry out the | 1930 |
purposes of and exercise the powers granted in this chapter; | 1931 |
(M) Contract with any governmental agency or nonprofit | 1932 |
corporation to provide or cause to be provided services, including | 1933 |
general building services, in, to, or for an Ohio | 1934 |
cultural facility or
any Ohio sports facility, or with | 1935 |
a cultural organization for the
management of an Ohio | 1936 |
cultural facility, or with a governmental agency or nonprofit | 1937 |
corporation for the management of an Ohio sports facility, all in | 1938 |
furtherance of the state function, and make contracts pursuant to | 1939 |
divisions (A) and (B) of section 3383.07 of the Revised Code, | 1940 |
except that nothing in this chapter limits the exercise of the | 1941 |
care, custody, control, and management of those state historical | 1942 |
facilities specified in section 149.30 of the Revised Code. | 1943 |
Sec. 3383.05. (A) Upon the request of the Ohio | 1944 |
cultural facilities commission, any governmental agency may lease, | 1945 |
sublease, grant by lease-purchase or otherwise, convey, or grant | 1946 |
the right to use, to the commission or to a state agency | 1947 |
designated by the commission, any real or personal property or | 1948 |
interests in property, including improvements to it and public | 1949 |
roads, owned or controlled by the governmental agency, which are | 1950 |
necessary or convenient to an Ohio
| 1951 |
an Ohio sports facility, upon such terms and conditions as they | 1952 |
agree upon. The lease, sublease, grant, conveyance, or grant of | 1953 |
use may be made without the necessity for advertisement, auction, | 1954 |
competitive bidding, court order, or other action or formality | 1955 |
otherwise required by law, except that the consent of the | 1956 |
governing body of the governmental agency shall be obtained, or, | 1957 |
if title to the property is in the state, the consent of the | 1958 |
governor shall be obtained. Any governmental agency may enter into | 1959 |
agreements with the Ohio | 1960 |
for furnishing any supplies, equipment, or services to the | 1961 |
commission pursuant to such terms and for such compensation as | 1962 |
agreed upon by the governmental agency and the commission. | 1963 |
(B) Leases, contracts, agreements, or conveyances entered | 1964 |
into pursuant to this section are not public contracts for | 1965 |
purposes of section 2921.42 of the Revised Code. | 1966 |
Sec. 3383.06. All property purchased, acquired, constructed, | 1967 |
owned, leased,
or subleased by the Ohio | 1968 |
facilities commission for the exercise of its powers and duties is | 1969 |
public property used exclusively for a public purpose, and this | 1970 |
property and the income derived by the commission from it are | 1971 |
exempt, except as may otherwise be provided by the commission with | 1972 |
respect to Ohio sports facilities, from all taxation within this | 1973 |
state, including | 1974 |
taxes. | 1975 |
Sec. 3383.07. (A) The department of administrative services | 1976 |
shall provide for the construction of | 1977 |
project in conformity with Chapter 153. of the Revised Code, | 1978 |
except as follows: | 1979 |
(1) For | 1980 |
construction cost, excluding the cost of acquisition, of | 1981 |
twenty-five million dollars or more, and that is financed by the | 1982 |
Ohio building authority, construction services may be provided by | 1983 |
the authority if the authority determines it should provide those | 1984 |
services. | 1985 |
(2) For | 1986 |
historical facility, construction services may be provided on | 1987 |
behalf of the
state by the Ohio | 1988 |
commission, or by a
governmental agency or | 1989 |
organization that occupies, will occupy, or is responsible for the | 1990 |
Ohio | 1991 |
Construction services to be
provided by a
governmental agency or
| 1992 |
1993 | |
agreement between the commission and the governmental agency or | 1994 |
1995 | |
taken under it, are not subject to Chapter 123. or 153. of the | 1996 |
Revised Code,
except for sections
| 1997 |
the Revised Code, and shall be subject to Chapter 4115. of the | 1998 |
Revised Code. | 1999 |
(3) For | 2000 |
historical facility, construction services may be provided by the | 2001 |
Ohio | 2002 |
cultural organization that occupies, will occupy, or is | 2003 |
responsible for the facility, as determined by the commission. The | 2004 |
construction services to be
provided by the
| 2005 |
organization shall be specified in an agreement between the | 2006 |
commission and the | 2007 |
and any actions taken under it, are not subject to Chapter 123., | 2008 |
153., or 4115. of the Revised Code. | 2009 |
(B) For an Ohio sports facility that is financed in part by | 2010 |
the Ohio building authority, construction services shall be | 2011 |
provided on behalf of the state by or at the direction of the | 2012 |
governmental agency or nonprofit corporation that will own or be | 2013 |
responsible for the management of the facility, all as determined | 2014 |
by the
Ohio | 2015 |
construction services to be provided by a governmental agency or | 2016 |
nonprofit corporation shall be specified in an agreement between | 2017 |
the commission and the governmental agency or nonprofit | 2018 |
corporation. That agreement, and any actions taken under it, are | 2019 |
not subject to Chapter 123. or 153. of the Revised Code, except | 2020 |
for sections
| 2021 |
shall be subject to Chapter 4115. of the Revised Code. | 2022 |
(C) General building services for an Ohio | 2023 |
facility
shall be provided by
the
Ohio | 2024 |
facilities
commission or by | 2025 |
that occupies, will occupy, or is responsible for the facility, as | 2026 |
determined by the commission, except that the Ohio building | 2027 |
authority may elect to
provide those services for Ohio
| 2028 |
cultural facilities financed with proceeds of state bonds issued | 2029 |
by the authority. The costs of management and general building | 2030 |
services shall
be paid by the | 2031 |
occupies, will occupy, or is responsible for the facility as | 2032 |
provided in an
agreement between the
commission and
the | 2033 |
cultural organization, except that the state may pay for general | 2034 |
building services for
state-owned | 2035 |
constructed on state-owned land. | 2036 |
General building services for an Ohio sports facility shall | 2037 |
be provided by or at the direction of the governmental agency or | 2038 |
nonprofit corporation that will be responsible for the management | 2039 |
of the facility, all as determined by the commission. Any general | 2040 |
building services to be provided by a governmental agency or | 2041 |
nonprofit corporation for an Ohio sports facility shall be | 2042 |
specified in an agreement between the commission and the | 2043 |
governmental agency or nonprofit corporation. That agreement, and | 2044 |
any actions taken under it, are not subject to Chapter 123. or | 2045 |
153.
of the Revised Code, except for sections
| 2046 |
153.011 of the Revised Code, and shall be subject to Chapter 4115. | 2047 |
of the Revised Code. | 2048 |
(D) This division does not apply to a state historical | 2049 |
facility. No state funds, including any state bond proceeds, shall | 2050 |
be spent on the construction of any | 2051 |
under this
chapter unless, with respect to the | 2052 |
project and to
the Ohio
| 2053 |
project, all of the following apply: | 2054 |
(1) The Ohio | 2055 |
determined
that there is a need for the | 2056 |
and the Ohio
| 2057 |
the
region of the state
in which the Ohio | 2058 |
facility is located or for which the facility is proposed. | 2059 |
(2) The commission has determined that, as an indication of | 2060 |
substantial regional support for
the | 2061 |
the | 2062 |
to the commission, in its sole discretion, for local contributions | 2063 |
amounting to not less than fifty per cent of the total state | 2064 |
funding
for the | 2065 |
(3) The general assembly has specifically authorized the | 2066 |
spending of money on, or made an appropriation for, the | 2067 |
construction of the | 2068 |
payments relating to the financing of the construction of the | 2069 |
2070 | |
appropriation, for planning
the | 2071 |
constitute authorization to spend money on, or an appropriation | 2072 |
for, construction of the | 2073 |
(E) No state funds, including any state bond proceeds, shall | 2074 |
be spent on the construction of any state historical facility | 2075 |
under this chapter unless the general assembly has specifically | 2076 |
authorized the spending of money on, or made an appropriation for, | 2077 |
the construction of the | 2078 |
related to the facility, or for rental payments relating to the | 2079 |
financing of the construction
of the | 2080 |
historical project. Authorization to spend money, or an | 2081 |
appropriation, for planning the | 2082 |
project does not constitute authorization to spend money on, or an | 2083 |
appropriation
for, the
construction of the | 2084 |
historical project. | 2085 |
(F) State funds shall not be used to pay or reimburse more | 2086 |
than fifteen per cent of the initial estimated construction cost | 2087 |
of an Ohio sports facility, excluding any site acquisition cost, | 2088 |
and no state funds, including any state bond proceeds, shall be | 2089 |
spent on any Ohio sports facility under this chapter unless, with | 2090 |
respect to that facility, all of the following apply: | 2091 |
(1) The Ohio | 2092 |
determined that there is a need for the facility in the region of | 2093 |
the state for which the facility is proposed to provide the | 2094 |
function of an Ohio sports facility as provided for in this | 2095 |
chapter. | 2096 |
(2) As an indication of substantial local support for the | 2097 |
facility, the commission has received a financial and development | 2098 |
plan satisfactory to it, and provision has been made, by agreement | 2099 |
or otherwise, satisfactory to the commission, for a contribution | 2100 |
amounting to not less than eighty-five per cent of the total | 2101 |
estimated construction cost of the facility, excluding any site | 2102 |
acquisition cost, from sources other than the state. | 2103 |
(3) The general assembly has specifically authorized the | 2104 |
spending of money on, or made an appropriation for, the | 2105 |
construction of the facility, or for rental payments relating to | 2106 |
state financing of all or a portion of the costs of constructing | 2107 |
the facility. Authorization to spend money, or an appropriation, | 2108 |
for planning or determining the feasibility of or need for the | 2109 |
facility does not constitute authorization to spend money on, or | 2110 |
an appropriation for, costs of constructing the facility. | 2111 |
(4) If state bond proceeds are being used for the Ohio sports | 2112 |
facility, the state or a governmental agency owns or has | 2113 |
sufficient property interests in the facility or in the site of | 2114 |
the facility or in the portion or portions of the facility | 2115 |
financed from proceeds of state bonds, which may include, but is | 2116 |
not limited to, the right to use or to require the use of the | 2117 |
facility for the presentation of sport and athletic events to the | 2118 |
public at the facility. | 2119 |
(G) In addition to the requirements of division (F) of this | 2120 |
section, no state funds, including any state bond proceeds, shall | 2121 |
be spent on any Ohio sports facility that is a motorsports | 2122 |
complex, unless, with respect to that facility, both of the | 2123 |
following apply: | 2124 |
(1) Motorsports events shall be presented at the facility | 2125 |
pursuant to a lease entered into with the owner of the facility. | 2126 |
The term of the lease shall be for a period of not less than the | 2127 |
greater of the useful life of the portion of the facility financed | 2128 |
from proceeds of state bonds as determined using the guidelines | 2129 |
for maximum maturities as provided under divisions (B) and (C) of | 2130 |
section 133.20 of the Revised Code, or the period of time | 2131 |
remaining to the date of payment or provision for payment of | 2132 |
outstanding state bonds allocable to costs of the facility, all as | 2133 |
determined by the director of budget and management and certified | 2134 |
by the director to the Ohio | 2135 |
commission and to the Ohio building authority. | 2136 |
(2) Any motorsports organization that commits to using the | 2137 |
facility for an established period of time shall give the | 2138 |
political subdivision in which the facility is located not less | 2139 |
than six months' advance notice if the organization intends to | 2140 |
cease utilizing the facility prior to the expiration of that | 2141 |
established period. Such a motorsports organization shall be | 2142 |
liable to the state for any state funds used on the construction | 2143 |
costs of the facility. | 2144 |
Sec. 3383.08. There is hereby created in the state treasury | 2145 |
the capital donations fund, which shall be administered by the | 2146 |
Ohio | 2147 |
consist of gifts, grants, devises, bequests, and other financial | 2148 |
contributions made to the commission for the construction or | 2149 |
improvement of | 2150 |
be used in accordance with the specific purposes for which the | 2151 |
gifts, grants, devises, bequests, or other financial contributions | 2152 |
are made. All investment earnings of the fund shall be credited to | 2153 |
the fund. Chapters 123., 125., 127., and 153. and section 3517.13 | 2154 |
of the Revised Code do not apply to contracts paid from the fund, | 2155 |
notwithstanding anything to the contrary in those chapters or that | 2156 |
section. | 2157 |
Not later than one month following the end of each quarter of | 2158 |
the fiscal year, the commission shall allocate the amounts | 2159 |
credited to the fund from investment earnings during that | 2160 |
preceding quarter of the fiscal year among the specific projects | 2161 |
for which they are to be used and shall certify this information | 2162 |
to the director of budget and management. | 2163 |
If the amounts credited to the fund for a particular project | 2164 |
exceed what is required to complete that project, the commission | 2165 |
may refund any of those excess amounts, including unexpended | 2166 |
investment earnings attributable to those amounts, to the entity | 2167 |
from which they were received. | 2168 |
Sec. 3383.09. (A) There is hereby created in the state | 2169 |
treasury the | 2170 |
fund, which shall consist of proceeds of obligations authorized to | 2171 |
pay costs of Ohio | 2172 |
facilities for which appropriations are made by the general | 2173 |
assembly. All investment earnings of the fund shall be credited to | 2174 |
the fund. | 2175 |
(B) The director of budget and management may transfer, to | 2176 |
the Ohio | 2177 |
fund, investment earnings credited to the | 2178 |
sports facilities building fund that exceed the amounts required | 2179 |
to meet estimated federal arbitrage rebate requirements when | 2180 |
requested of the director of budget and management by the | 2181 |
chairperson or executive director of the commission. | 2182 |
Sec. 3746.09. (A) A person who proposes to enter into or who | 2183 |
is participating in the voluntary action program under this | 2184 |
chapter and rules adopted under it, in accordance with this | 2185 |
section and rules adopted under division (B)(11) of section | 2186 |
3746.04 of the Revised Code, may apply to the director of | 2187 |
environmental protection for a variance from applicable standards | 2188 |
otherwise established in this chapter and rules adopted under it. | 2189 |
The application for a variance shall be prepared by a certified | 2190 |
professional. The director shall issue a variance from those | 2191 |
applicable standards only if the application makes all of the | 2192 |
following demonstrations to the director's satisfaction: | 2193 |
(1) Either or both of the following: | 2194 |
(a) It is technically infeasible to comply with the | 2195 |
applicable standards otherwise established at the property named | 2196 |
in the application; | 2197 |
(b) The costs of complying with the applicable standards | 2198 |
otherwise established at the property substantially exceed the | 2199 |
economic benefits | 2200 |
(2) The proposed alternative standard or set of standards and | 2201 |
terms and conditions set forth in the application will result in | 2202 |
an improvement of environmental conditions at the property and | 2203 |
ensure that public health and safety will be protected | 2204 |
(3) The establishment of and compliance with the alternative | 2205 |
standard or set of standards and terms and conditions are | 2206 |
necessary to promote, protect, preserve, or enhance employment | 2207 |
opportunities or the reuse of the property named in the | 2208 |
application. | 2209 |
A variance issued under this section shall state the specific | 2210 |
standard or standards whose terms are being varied and shall set | 2211 |
forth the specific alternative standard or set of standards and | 2212 |
the terms and conditions imposed on the applicant in their place. | 2213 |
A variance issued under this section shall include only standards | 2214 |
and terms and conditions proposed by the
applicant in | 2215 |
application, except that the director may impose any additional or | 2216 |
alternative terms and conditions that | 2217 |
determines to be necessary to ensure that public health and safety | 2218 |
will be protected. If the director finds that compliance with any | 2219 |
standard or term or condition proposed by the applicant will not | 2220 |
protect public health and safety and that the imposition of | 2221 |
additional or alternative terms and conditions will not ensure | 2222 |
that public health or safety will be protected, the director shall | 2223 |
disapprove the application and shall include in the order of | 2224 |
denial the specific findings on which the denial was based. | 2225 |
(B) Variances shall be issued or denied in accordance with | 2226 |
this section, rules adopted under division (B)(11) of section | 2227 |
3746.04 of the Revised Code, and Chapter 3745. of the Revised | 2228 |
Code. Upon determining that an application for a variance is | 2229 |
complete, the director shall | 2230 |
the application to be held within ninety days after the director | 2231 |
determines that the application is complete in the county in which | 2232 |
is located the property to which the application pertains. | 2233 |
(C) Not less than thirty days before the date scheduled for | 2234 |
the public meeting on an application for a variance, the director | 2235 |
shall publish notice of the public meeting and that the director | 2236 |
will receive written comments on the application for a period of | 2237 |
forty-five days commencing on the date of the publication of the | 2238 |
notice. The notice shall contain all of the following information, | 2239 |
at a minimum: | 2240 |
(1) The address of the property to which the application | 2241 |
pertains; | 2242 |
(2) A brief summary of the alternative standards and terms | 2243 |
and conditions proposed by the applicant; | 2244 |
(3) The date, time, and location of the public meeting. | 2245 |
The notice shall be published in a newspaper of general | 2246 |
circulation in the county in which the property is located and, if | 2247 |
the property is located in close proximity to the boundary of the | 2248 |
county with an adjacent county, as determined by the director, | 2249 |
shall be published in a newspaper of general circulation in the | 2250 |
adjacent county. Concurrently with the publication of the notice | 2251 |
of the public meeting, the director shall mail notice of the | 2252 |
application, comment period, and public meeting to the owner of | 2253 |
each parcel of land that is adjacent to the affected property and | 2254 |
to the legislative authority of the municipal corporation or | 2255 |
township, and county, in which the affected property is located. | 2256 |
The notices mailed to the adjacent land owners and legislative | 2257 |
authorities shall contain the same information as the published | 2258 |
notice. | 2259 |
(D) At the public meeting on an application for a variance, | 2260 |
the applicant, or a representative of the applicant who is | 2261 |
knowledgeable about the affected property and the application, | 2262 |
shall present information regarding the application and the basis | 2263 |
of the request for the variance and shall respond to questions | 2264 |
from the public regarding the affected property and the | 2265 |
application. A representative of the environmental protection | 2266 |
agency who is familiar with the affected property and the | 2267 |
application shall attend the public meeting to hear the public's | 2268 |
comments and to respond to questions from the public regarding the | 2269 |
affected property and the application. A stenographic record of | 2270 |
the proceedings at the public meeting shall be kept and shall be | 2271 |
made a part of the administrative record regarding the | 2272 |
application. | 2273 |
(E) Within ninety days after conducting the public meeting on | 2274 |
an application for a variance under division (D) of this section, | 2275 |
the director shall issue a proposed action to the applicant in | 2276 |
accordance with section 3745.07 of the Revised Code that indicates | 2277 |
the director's intent with regard to the issuance or denial of the | 2278 |
application. When considering whether to issue or deny the | 2279 |
application or whether to impose terms and conditions of the | 2280 |
variance that are in addition or alternative to those proposed by | 2281 |
the applicant, the director shall consider comments on the | 2282 |
application made by the public at the public meeting and written | 2283 |
comments on the application received from the public. | 2284 |
Sec. 3746.35. (A) Not later than September 1, 1996, and not | 2285 |
later than the first day of September of each subsequent year, the | 2286 |
director of environmental protection shall prepare and submit to | 2287 |
the | 2288 |
committees of the senate and house of representatives primarily | 2289 |
responsible for considering environmental and taxation matters a | 2290 |
report regarding the voluntary action program established under | 2291 |
this chapter and rules adopted under it and the tax abatements | 2292 |
granted pursuant to sections 5709.87 and 5709.88 of the Revised | 2293 |
Code for properties where voluntary actions were conducted. Each | 2294 |
annual report shall include, without limitation, all of the | 2295 |
following: | 2296 |
(1) Both of the following for each property for which a | 2297 |
covenant not to sue was issued under section 3746.12 of the | 2298 |
Revised Code during the preceding calendar year: | 2299 |
(a) The address of the property and name of the person who | 2300 |
undertook the voluntary action at the property; | 2301 |
(b) Whether the applicable standards governing the voluntary | 2302 |
action were the interim standards established in section 3746.07 | 2303 |
of the Revised Code or the generic numerical clean-up standards | 2304 |
established in rules adopted under division (B)(1) of section | 2305 |
3746.04 of the Revised Code, were established through the | 2306 |
performance of a risk assessment pursuant to rules adopted under | 2307 |
division (B)(2) of section 3746.04 of the Revised Code, or were | 2308 |
set forth in a variance issued under section 3746.09 of the | 2309 |
Revised Code. | 2310 |
(2) All of the following for each property for which a | 2311 |
variance was issued under section 3746.09 of the Revised Code | 2312 |
during the preceding calendar year: | 2313 |
(a) The address of the property and the name of the person to | 2314 |
whom the variance was issued; | 2315 |
(b) A summary of the alternative standards and terms and | 2316 |
conditions of the variance and brief description of the | 2317 |
improvement in environmental conditions at the property that is | 2318 |
anticipated to result from compliance with the alternative | 2319 |
standards and terms and conditions set forth in the variance; | 2320 |
(c) A brief description of the economic benefits to the | 2321 |
person to whom the variance was issued and the community in which | 2322 |
the property is located that are anticipated to result from the | 2323 |
undertaking of the voluntary action in compliance with the | 2324 |
alternative standards and terms and conditions set forth in the | 2325 |
variance. | 2326 |
(3) The number of audits performed under section 3746.17 of | 2327 |
the Revised Code during the preceding calendar year and, in | 2328 |
connection with each of them, at least the following information: | 2329 |
(a) The address of the property in connection with which the | 2330 |
audit was performed and the name of the person who undertook the | 2331 |
voluntary action at the property; | 2332 |
(b) An indication as to whether the audit was a random audit | 2333 |
or was conducted in accordance with the priorities established in | 2334 |
rules adopted under divisions (A)(9)(a) to (f) of section 3746.04 | 2335 |
of the Revised Code and, if the audit was conducted in accordance | 2336 |
with those priorities, an indication as to which of them resulted | 2337 |
in the selection of the voluntary action for an audit; | 2338 |
(c) A brief summary of the findings of the audit and any | 2339 |
action taken by the environmental protection agency as a result of | 2340 |
those findings. | 2341 |
(4) The number of covenants not to sue revoked during the | 2342 |
preceding calendar year through the operation of divisions | 2343 |
(A)(2)(c) and (B) of section 3746.12, division (B)(2) of section | 2344 |
3746.18, and division (B) of section 3746.19 of the Revised Code | 2345 |
and for each property for which a covenant was revoked, at least | 2346 |
both of the following: | 2347 |
(a) The address of the property affected by the revocation | 2348 |
and name of the person who undertook the voluntary action at the | 2349 |
property; | 2350 |
(b) The reason for the revocation. | 2351 |
(5) The amount of money credited to the voluntary action | 2352 |
administration fund created in section 3746.16 of the Revised Code | 2353 |
during the preceding fiscal year from the fees established in | 2354 |
divisions (D) and (H) of section 3746.07 and division (C) of | 2355 |
section 3746.13 of the Revised Code and from civil penalties | 2356 |
imposed under section 3746.22 of the Revised Code. The report | 2357 |
shall indicate the amount of money that arose from each of the | 2358 |
fees and from the civil penalties. The report also shall include | 2359 |
the amount of money expended from the fund during the preceding | 2360 |
fiscal year by program category, including, without limitation, | 2361 |
the amount expended for conducting audits under section 3746.17 of | 2362 |
the Revised Code during the preceding fiscal year. | 2363 |
(6) For each property that is receiving a tax abatement under | 2364 |
section 5709.87 of the Revised Code for the preceding tax year, | 2365 |
the amount of the valuation exempted from real property taxation | 2366 |
for that tax year under that section. In order to comply with | 2367 |
division (A)(6) of this section, the director shall include in the | 2368 |
annual report the report required to be provided
to | 2369 |
the director by the director of development under division (B)(2) | 2370 |
of this section. The sole responsibility of the director of | 2371 |
environmental protection regarding the report provided to | 2372 |
2373 | |
annual report prepared under division (A) of this section. | 2374 |
(7) For each property that is receiving a tax abatement | 2375 |
pursuant to an agreement with a municipal corporation or county | 2376 |
entered into under section 5709.88 of the Revised Code, the amount | 2377 |
of the valuation exempted from real or personal property taxation. | 2378 |
In order to comply with division (A)(7) of this section, the | 2379 |
director shall include in the annual report the report required to | 2380 |
be provided to | 2381 |
development under division (C) of this section. The sole | 2382 |
responsibility of the director of environmental protection | 2383 |
regarding the report provided to | 2384 |
that
division is to | 2385 |
prepared under division (A) of this section. | 2386 |
(B)(1) Not later than March 31, 1996, the county auditor of | 2387 |
each county in which is located any property that is receiving a | 2388 |
tax abatement under section 5709.87 of the Revised Code shall | 2389 |
report to the director of development for each such property both | 2390 |
of the following as applicable to tax year 1995: | 2391 |
(a) The address of the property and the name of the owner as | 2392 |
stated in the records of the county auditor of the county in which | 2393 |
the property is located; | 2394 |
(b) The amount of the valuation of the property that was | 2395 |
exempted from real property taxation under that section. | 2396 |
Not later than the thirty-first day of March of each | 2397 |
subsequent year, each such county auditor shall report the | 2398 |
information described in those divisions to the director of | 2399 |
development for each property within the county that is receiving | 2400 |
a tax abatement under that section for the preceding tax year. | 2401 |
(2) Not later than July 1, 1996, and not later than the first | 2402 |
day of July of each subsequent year, the director of development | 2403 |
shall compile the information provided to | 2404 |
director under division (B)(1) of this section applicable to the | 2405 |
preceding tax year into a report covering all of the counties in | 2406 |
the state in which are located properties receiving a tax | 2407 |
abatement under section 5709.87 of the Revised Code for the | 2408 |
preceding tax year and shall forward the report to the director of | 2409 |
environmental protection. The sole responsibility of the director | 2410 |
of development in preparing the report is to compile the | 2411 |
information
submitted to | 2412 |
auditors under division (B)(1) of this section. | 2413 |
(C) Not later than July 1, 1996, and not later than the first | 2414 |
day of July of each subsequent year, the director of development | 2415 |
shall compile the information provided to | 2416 |
director by municipal corporations and counties under division (A) | 2417 |
of section 5709.882 of the Revised Code applicable to the | 2418 |
preceding calendar year into a report covering, by county, all of | 2419 |
the municipal corporations and counties in this state in which are | 2420 |
located properties receiving a tax abatement pursuant to an | 2421 |
agreement entered into under section 5709.88 of the Revised Code | 2422 |
and shall forward the report to the director of environmental | 2423 |
protection. The sole responsibility of the director of development | 2424 |
in preparing the report is to compile the information submitted to | 2425 |
him by municipal corporations and counties under division (A) of | 2426 |
section 5709.882 of the Revised Code. | 2427 |
Sec. 3747.02. (A)(1) The governor, with the advice and | 2428 |
consent of the senate, shall appoint the Ohio member of the | 2429 |
midwest interstate low-level radioactive waste commission. The | 2430 |
commissioner shall serve at the pleasure of the governor and shall | 2431 |
be reimbursed for actual and necessary expenses incurred in the | 2432 |
performance of | 2433 |
(2) As used in this section, "compact" means the midwest | 2434 |
interstate compact on low-level radioactive waste entered into | 2435 |
under section 3747.01 of the Revised Code. | 2436 |
(B) The representative from this state on the commission | 2437 |
shall not cast a vote contrary to Ohio law. | 2438 |
(C) The representative from this state on the commission | 2439 |
shall not cast an affirmative vote on the following matters before | 2440 |
the commission without the
prior approval of | 2441 |
governor: | 2442 |
(1) Approval by the commission of the amount of the long-term | 2443 |
care fund established by this state pursuant to Article VI(O) of | 2444 |
the compact; | 2445 |
(2) Relief of a party state to the compact of its | 2446 |
responsibility to serve as a host state under Article VI(E) of the | 2447 |
compact; | 2448 |
(3) A requirement pursuant to Article VI(F) of the compact | 2449 |
that this state use alternate technology to that proposed by this | 2450 |
state for a compact facility in this state; | 2451 |
(4) Authorization of the early closing of a compact facility | 2452 |
under Article III(H)(7) of the compact; | 2453 |
| 2454 |
a state other than Ohio that determines or alters the rights, | 2455 |
powers, or obligations of this state under the compact; | 2456 |
| 2457 |
(3), or (5) of the compact if the then operating compact facility | 2458 |
is in this state; | 2459 |
| 2460 |
the compact; | 2461 |
| 2462 |
party state in the compact. | 2463 |
(D) A vote by the representative from this state on the | 2464 |
commission that is inconsistent with division (B) or (C) of this | 2465 |
section is void and is not enforceable. | 2466 |
Sec. 3748.01. As used in this chapter: | 2467 |
(A) "Byproduct material" means either of the following: | 2468 |
(1) Any radioactive material, except special nuclear | 2469 |
material, yielded in or made radioactive by exposure to radiation | 2470 |
incident to the process of producing or utilizing special nuclear | 2471 |
material; | 2472 |
(2) The tailings or wastes produced by the extraction or | 2473 |
concentration of uranium or thorium from any ore processed | 2474 |
primarily for its source material content. | 2475 |
(B) "Certified radiation expert" means an individual who has | 2476 |
complied with all of the following: | 2477 |
(1) Applied to the director of health for certification as a | 2478 |
radiation expert under section 3748.12 of the Revised Code; | 2479 |
(2) Met minimum education and experience requirements | 2480 |
established in rules adopted under division (C) of section 3748.04 | 2481 |
of the Revised Code; | 2482 |
(3) Been granted a certificate as a radiation expert by the | 2483 |
director under section 3748.12 of the Revised Code. | 2484 |
(C) "Closure" or "site closure" refers to a facility for the | 2485 |
disposal of low-level radioactive waste or a byproduct material | 2486 |
site, as "byproduct material" is defined in division (A)(2) of | 2487 |
this section, and means all activities performed at a licensed | 2488 |
operation, such as stabilization and contouring, to ensure that | 2489 |
the site where the operation occurred is in a stable condition so | 2490 |
that only minor custodial care, surveillance, and monitoring are | 2491 |
necessary at the site following the termination of the licensed | 2492 |
operation. | 2493 |
(D) "Decommissioning" means to safely remove any licensed | 2494 |
operation from service and reduce residual radioactivity to a | 2495 |
level that permits release of the licensee's property for | 2496 |
unrestricted use. With regard to a facility for the disposal of | 2497 |
low-level radioactive waste or a byproduct material site, as | 2498 |
"byproduct material" is defined in division (A)(2) of this | 2499 |
section, "decommissioning" does not include the reduction of | 2500 |
residual radioactivity to a level that permits release of the | 2501 |
facility for unrestricted use. | 2502 |
(E) "Director of health" includes a designee or authorized | 2503 |
representative of the director. | 2504 |
(F) "Disposal," with regard to low-level radioactive waste, | 2505 |
means the permanent isolation of that waste in accordance with | 2506 |
requirements established by the United States nuclear regulatory | 2507 |
commission or the licensing agreement state. | 2508 |
(G) "Disposal site" | 2509 |
2510 | |
2511 | |
2512 | |
2513 | |
facility that is used for the disposal of low-level radioactive | 2514 |
waste and that consists of disposal units and a buffer zone. | 2515 |
"Disposal unit" means a discrete portion of such a facility into | 2516 |
which low-level radioactive waste is placed for disposal. | 2517 |
(H)(1) Except as provided in division (H)(2) of this section, | 2518 |
"facility" means the state, any political subdivision, person, | 2519 |
public or private institution, or group, or any unit of one of | 2520 |
those entities, but does not include the federal government or any | 2521 |
of its agencies. | 2522 |
(2) For the purposes of the disposal of low-level radioactive | 2523 |
waste, "facility" has the same meaning as in section 3747.01 of | 2524 |
the Revised Code. | 2525 |
(I) "Handle" means receive, possess, use, store, transfer, | 2526 |
install, service, or dispose of sources of radiation unless | 2527 |
possession is solely for the purpose of transportation. | 2528 |
(J) "Handler" means a facility that handles sources of | 2529 |
radiation unless possession is solely for the purpose of | 2530 |
transportation. | 2531 |
(K) "Inspection" means an official review, examination, or | 2532 |
observation, including, without limitation, tests, surveys, and | 2533 |
monitoring, that is used to determine compliance with rules, | 2534 |
orders, requirements, and conditions of the department of health | 2535 |
and that is conducted by the director of health. | 2536 |
(L) "Low-level radioactive waste" has the same meaning as in | 2537 |
section 3747.01 of the Revised Code with regard to the disposal of | 2538 |
low-level radioactive waste. In regard to regulatory control at | 2539 |
locations other than a disposal facility,
| 2540 |
waste | 2541 |
(M) "Quality assurance program" means a program providing for | 2542 |
verification by written procedures such as testing, auditing, and | 2543 |
inspection to ensure that deficiencies, deviations, defective | 2544 |
equipment, or unsafe practices, or a combination thereof, relating | 2545 |
to the use, disposal, management, or manufacture of radiation | 2546 |
sources are identified, promptly corrected, and reported to the | 2547 |
appropriate regulatory authorities. | 2548 |
(N) "Radiation" means ionizing and nonionizing radiation. | 2549 |
(1) "Ionizing radiation" means gamma rays and X-rays, alpha | 2550 |
and beta particles, high-speed electrons, neutrons, protons, and | 2551 |
other nuclear particles, but does not include sound or radio waves | 2552 |
or visible, infrared, or ultraviolet light. | 2553 |
(2) "Nonionizing radiation" means any electromagnetic | 2554 |
radiation, other than ionizing electromagnetic radiation, or any | 2555 |
sonic, ultrasonic, or infrasonic wave. | 2556 |
(O) "Radioactive material" means any solid, liquid, or | 2557 |
gaseous material that emits ionizing radiation spontaneously. | 2558 |
"Radioactive material" includes accelerator-produced and naturally | 2559 |
occurring materials and byproduct, source, and special nuclear | 2560 |
material. | 2561 |
(P) "Radiation-generating equipment" means any manufactured | 2562 |
product or device, or component of such a product or device, or | 2563 |
any machine or system that during operation can generate or emit | 2564 |
radiation, except those that emit radiation only from radioactive | 2565 |
material. "Radiation-generating equipment" does not include either | 2566 |
of the following: | 2567 |
(1) Diathermy machines; | 2568 |
(2) Microwave ovens, including food service microwave ovens | 2569 |
used for commercial and industrial uses, television receivers, | 2570 |
electric lamps, and other household appliances and products that | 2571 |
generate very low levels of radiation. | 2572 |
(Q) "Source material" means uranium, thorium, or any | 2573 |
combination thereof in any physical or chemical form, or any ores | 2574 |
that contain by weight at least one-twentieth of one per cent of | 2575 |
uranium, thorium, or any combination thereof. "Source material" | 2576 |
does not include special nuclear material. | 2577 |
(R) "Source of radiation" means radioactive material or | 2578 |
radiation-generating equipment. | 2579 |
(S) "Special nuclear material" means either of the following: | 2580 |
(1) Plutonium, uranium 233, uranium enriched in the isotope | 2581 |
233 or in the isotope 235, and any other material that the United | 2582 |
States nuclear regulatory commission determines to be special | 2583 |
nuclear material, but does not include source material pursuant to | 2584 |
section 51 of the "Atomic Energy Act of 1954," 68 Stat. 919, 42 | 2585 |
U.S.C.A. 2071." | 2586 |
(2) Except for any source material, any material artificially | 2587 |
enriched by any of the materials identified in division (S)(1) of | 2588 |
this section. | 2589 |
(T) "Storage" means the retention of radioactive materials, | 2590 |
including low-level radioactive waste, prior to disposal in a | 2591 |
manner that allows for surveillance, control, and subsequent | 2592 |
retrieval. | 2593 |
Sec. 3748.02. (A) The department of health is hereby | 2594 |
designated the Ohio radiation control agency. | 2595 |
(B) In accordance with the laws of this state, the director | 2596 |
of health may employ, compensate, and prescribe the duties of | 2597 |
individuals necessary to implement and administer this chapter and | 2598 |
2599 |
Sec. 3748.04. The public health council, in accordance with | 2600 |
Chapter 119. of the Revised Code, shall adopt and may amend or | 2601 |
rescind rules doing all of the following: | 2602 |
(A) Listing types of radioactive material for which licensure | 2603 |
by its handler is required and types of radiation-generating | 2604 |
equipment for which registration by its handler is required, and | 2605 |
establishing requirements governing them. Rules adopted under | 2606 |
division (A) of this section shall be compatible with applicable | 2607 |
federal regulations and shall establish all of the following, | 2608 |
without limitation: | 2609 |
(1) Requirements governing both of the following: | 2610 |
(a) The licensing and inspection of handlers of radioactive | 2611 |
material. Standards established in rules adopted under division | 2612 |
(A)(1)(a) of this section regarding byproduct material or any | 2613 |
activity that results in the production of that material, to the | 2614 |
extent practicable, shall be equivalent to or more stringent than | 2615 |
applicable standards established by the United States nuclear | 2616 |
regulatory commission. | 2617 |
(b) The registration and inspection of handlers of | 2618 |
radiation-generating equipment. Standards established in rules | 2619 |
adopted under division (A)(1)(b) of this section, to the extent | 2620 |
practicable, shall be equivalent to applicable standards | 2621 |
established by the food and drug administration in the United | 2622 |
States department of health and human services. | 2623 |
(2) Identification of and requirements governing possession | 2624 |
and use of specifically licensed and generally licensed quantities | 2625 |
of radioactive material as either sealed sources or unsealed | 2626 |
sources; | 2627 |
(3) A procedure for the issuance of and the frequency of | 2628 |
renewal of the licenses of handlers of radioactive material, other | 2629 |
than a license for a facility for the disposal of low-level | 2630 |
radioactive waste, and of the certificates of registration of | 2631 |
handlers of radiation-generating equipment; | 2632 |
(4) Procedures for suspending and revoking the licenses of | 2633 |
handlers of radioactive material and the certificates of | 2634 |
registration of handlers of radiation-generating equipment; | 2635 |
(5) Criteria to be used by the director of health in amending | 2636 |
the license of a handler of radioactive material or the | 2637 |
certificate of registration of a handler of radiation-generating | 2638 |
equipment subsequent to its issuance; | 2639 |
(6) Criteria for achieving and maintaining compliance with | 2640 |
this chapter and rules adopted under it by licensees and | 2641 |
registrants; | 2642 |
(7) Criteria governing environmental monitoring of licensed | 2643 |
and registered activities to assess compliance with this chapter | 2644 |
and rules adopted under it; | 2645 |
(8) Except as otherwise provided in division (A)(8) of this | 2646 |
section, fees for the licensing of handlers of radioactive | 2647 |
material, other than a facility for the disposal of low-level | 2648 |
radioactive waste, and the registration of handlers of | 2649 |
radiation-generating equipment and a fee schedule for their | 2650 |
inspection. Rules adopted under division (A)(8) of this section | 2651 |
shall not revise any fees established in section 3748.07 or | 2652 |
3748.13 of the Revised Code to be paid by any handler of | 2653 |
radiation-generating equipment that is a medical practitioner or a | 2654 |
corporation, partnership, or other business entity consisting of | 2655 |
medical practitioners, other than a hospital as defined in section | 2656 |
3727.01 of the Revised Code. | 2657 |
As used in division (A)(8) of this section, "medical | 2658 |
practitioner" means a person who is authorized to practice | 2659 |
dentistry pursuant to Chapter 4715. of the Revised Code; medicine | 2660 |
and surgery, osteopathic medicine and surgery, or podiatry | 2661 |
pursuant to Chapter 4731. of the Revised Code; or chiropractic | 2662 |
pursuant to Chapter 4734. of the Revised Code. | 2663 |
(B)(1) Identifying sources of radiation, circumstances of | 2664 |
possession, use, or disposal of sources of radiation, and levels | 2665 |
of radiation that constitute an unreasonable or unnecessary risk | 2666 |
to human health or the environment; | 2667 |
(2) Establishing requirements for the achievement and | 2668 |
maintenance of compliance with standards for the receipt, | 2669 |
possession, use, storage, installation, transfer, servicing, and | 2670 |
disposal of sources of radiation to prevent levels of radiation | 2671 |
that constitute an unreasonable or unnecessary risk to human | 2672 |
health or the environment; | 2673 |
(3) Requiring the maintenance of records on the receipt, use, | 2674 |
storage, transfer, and disposal of radioactive material and on the | 2675 |
radiological safety aspects of the use and maintenance of | 2676 |
radiation-generating equipment. | 2677 |
In adopting rules under divisions (A) and (B) of this | 2678 |
section, the council shall use standards no less stringent than | 2679 |
the "suggested state regulations for control of radiation" | 2680 |
prepared by the conference of radiation control program directors, | 2681 |
inc., and regulations adopted by the United States nuclear | 2682 |
regulatory commission, the United States environmental protection | 2683 |
agency, and the United States department of health and human | 2684 |
services and shall consider reports of the national council on | 2685 |
radiation protection and measurement and the relevant standards of | 2686 |
the American national standards institute. | 2687 |
(C) Establishing fees, procedures, and requirements for | 2688 |
certification as a radiation expert, including all of the | 2689 |
following, without limitation: | 2690 |
(1) Minimum training and experience requirements; | 2691 |
(2) Procedures for applying for certification; | 2692 |
(3) Procedures for review of applications and issuance of | 2693 |
certificates; | 2694 |
(4) Procedures for suspending and revoking certification. | 2695 |
(D) Establishing a schedule for inspection of sources of | 2696 |
radiation and their shielding and surroundings; | 2697 |
(E) Establishing the responsibilities of a radiation expert; | 2698 |
(F) Establishing criteria for quality assurance programs for | 2699 |
licensees of radioactive material and registrants of | 2700 |
radiation-generating equipment; | 2701 |
(G) Establishing fees to be paid by any facility that, on | 2702 |
September 8, 1995, holds a license from the United States nuclear | 2703 |
regulatory commission in order to provide moneys necessary for the | 2704 |
transfer of licensing and other regulatory authority from the | 2705 |
commission to the state pursuant to section 3748.03 of the Revised | 2706 |
Code. Rules adopted under this division shall stipulate that fees | 2707 |
so established do not apply to any functions dealing specifically | 2708 |
with a facility for the disposal of low-level radioactive waste. | 2709 |
Fees collected under this division shall be deposited into the | 2710 |
state treasury to the credit of the general operations fund | 2711 |
created in section 3701.83 of the Revised Code. The fees shall be | 2712 |
used solely to administer and enforce this chapter and rules | 2713 |
adopted under it. | 2714 |
(H) Establishing fees to be collected annually from | 2715 |
generators of low-level radioactive waste, which shall be based | 2716 |
upon the volume and radioactivity of the waste generated and the | 2717 |
costs of administering low-level radioactive waste management | 2718 |
activities under this chapter and rules adopted under it. All fees | 2719 |
collected under this division shall be deposited into the state | 2720 |
treasury to the credit of the general operations fund created in | 2721 |
section 3701.83 of the Revised Code. The fees shall be used solely | 2722 |
to administer and enforce this chapter and rules adopted under it. | 2723 |
Any fee required under this division that has not been paid within | 2724 |
ninety days after the invoice date shall be assessed at two times | 2725 |
the original invoiced fee. Any fee that has not been paid within | 2726 |
one hundred eighty days after the invoice date shall be assessed | 2727 |
at five times the original invoiced fee. | 2728 |
(I) Establishing requirements governing closure, | 2729 |
decontamination, decommissioning, reclamation, and long-term | 2730 |
surveillance and care of a facility licensed under this chapter | 2731 |
and rules adopted under it. Rules adopted under division (I) of | 2732 |
this section shall include, without limitation, all of the | 2733 |
following: | 2734 |
(1) Standards and procedures to ensure that a licensee | 2735 |
prepares a decommissioning funding plan that provides an adequate | 2736 |
financial guaranty to permit the completion of all requirements | 2737 |
governing the closure, decontamination, decommissioning, and | 2738 |
reclamation of sites, structures, and equipment used in | 2739 |
conjunction with a licensed activity; | 2740 |
(2) For licensed activities where radioactive material that | 2741 |
will require surveillance or care is likely to remain at the site | 2742 |
after the licensed activities cease, as indicated in the | 2743 |
application for the license submitted under section 3748.07 of the | 2744 |
Revised Code, standards and procedures to ensure that the licensee | 2745 |
prepares an additional decommissioning funding plan for long-term | 2746 |
surveillance and care, before termination of the license, that | 2747 |
provides an additional adequate financial guaranty as necessary to | 2748 |
provide for that surveillance and care; | 2749 |
(3) For the purposes of the decommissioning funding plans | 2750 |
required in rules adopted under divisions (I)(1) and (2) of this | 2751 |
section, the types of acceptable financial guaranties, which shall | 2752 |
include bonds issued by fidelity or surety companies authorized to | 2753 |
do business in the state, certificates of deposit, deposits of | 2754 |
government securities, irrevocable letters or lines of credit, | 2755 |
trust funds, escrow accounts, or other similar types of | 2756 |
arrangements, but shall not include any arrangement that | 2757 |
constitutes self-insurance; | 2758 |
(4) A requirement that the decommissioning funding plans | 2759 |
required in rules adopted under divisions (I)(1) and (2) of this | 2760 |
section contain financial guaranties in amounts sufficient to | 2761 |
ensure compliance with any standards established by the United | 2762 |
States nuclear regulatory commission, or by the state if it has | 2763 |
become an agreement state pursuant to section 3748.03 of the | 2764 |
Revised Code, pertaining to closure, decontamination, | 2765 |
decommissioning, reclamation, and long-term surveillance and care | 2766 |
of licensed activities and sites of licensees. | 2767 |
Standards established in rules adopted under division (I) of | 2768 |
this section regarding any activity that resulted in the | 2769 |
production of byproduct material, as defined in division (A)(2) of | 2770 |
section 3748.01 of the Revised Code, to the extent practicable, | 2771 |
shall be equivalent to or more stringent than standards | 2772 |
established by the United States nuclear regulatory commission for | 2773 |
sites at which ores were processed primarily for their source | 2774 |
material content and at which byproduct material, as defined in | 2775 |
division (A)(2) of section 3748.01 of the Revised Code, is | 2776 |
deposited. | 2777 |
(J) Establishing criteria governing inspections of a facility | 2778 |
for the disposal of low-level radioactive waste, including, | 2779 |
without limitation, the establishment of a resident inspector | 2780 |
program at such a facility; | 2781 |
| 2782 |
filing of complaints under section 3748.16 of the Revised Code, | 2783 |
including, without limitation, those governing intervention in a | 2784 |
hearing held under division (B)(3) of that section. | 2785 |
Sec. 3748.05. (A) The director of health shall do all of the | 2786 |
following: | 2787 |
(1) Administer and enforce this chapter and | 2788 |
adopted under it; | 2789 |
(2) Collect and make available information relating to | 2790 |
sources of radiation; | 2791 |
(3) Ensure the review of plans and specifications, submitted | 2792 |
in accordance with rules adopted by the public health council, for | 2793 |
the control of radiation that constitutes an unreasonable or | 2794 |
unnecessary risk to human health or the environment; | 2795 |
(4) Review reports of quality assurance audits performed by | 2796 |
certified radiation experts under this chapter and | 2797 |
adopted under it; | 2798 |
(5) Ensure that programs for the control of sources of | 2799 |
radiation are developed with due regard for compatibility with | 2800 |
federal programs for the regulation of byproduct, source, and | 2801 |
special nuclear materials; | 2802 |
(6) In accordance with Chapter 119. of the Revised Code, | 2803 |
adopt, and subsequently may amend and rescind, rules providing for | 2804 |
the administrative assessment and collection of monetary penalties | 2805 |
for failure by any facility licensed under this chapter and rules | 2806 |
adopted under it to comply with this chapter and those rules. The | 2807 |
director may require the submission of compliance schedules and | 2808 |
other related information. Any orders issued or payments or other | 2809 |
requirements imposed pursuant to rules adopted under division | 2810 |
(A)(6) of this section shall not affect any civil or criminal | 2811 |
enforcement proceeding brought under this chapter or any other | 2812 |
provision of state or local law. Moneys collected as | 2813 |
administrative penalties imposed pursuant to rules adopted under | 2814 |
division (A)(6) of this section shall be deposited in the state | 2815 |
treasury to the credit of the general operations fund created in | 2816 |
section 3701.83 of the Revised Code. The moneys shall be used | 2817 |
solely to administer and enforce this chapter and the rules | 2818 |
adopted under it. | 2819 |
(7) Maintain files of both of the following: | 2820 |
(a) All license and registration applications, issuances, | 2821 |
denials, amendments, renewals, suspensions, and revocations and | 2822 |
any administrative or judicial action pertaining to them; | 2823 |
(b) All rules adopted under this chapter, or proposed to be | 2824 |
adopted, relating to the regulation of sources of radiation and | 2825 |
proceedings on them. | 2826 |
(B) The director may do any or all of the following: | 2827 |
(1) Advise, consult, and cooperate with other agencies of the | 2828 |
state, the federal government, other states, interstate agencies, | 2829 |
political subdivisions, industries, and other affected groups in | 2830 |
furtherance of the purposes of this chapter and | 2831 |
adopted under it; | 2832 |
(2) Accept and administer grants from the federal government | 2833 |
and from other sources, public or private, for carrying out any of | 2834 |
the director's functions under this
chapter and | 2835 |
adopted under it; | 2836 |
(3) Encourage, participate in, or conduct studies, | 2837 |
investigations, training, research, and demonstrations relating to | 2838 |
the detection and control of radiation that constitutes an | 2839 |
unreasonable or unnecessary risk to human health or the | 2840 |
environment, the measurement of radiation, the evaluation of | 2841 |
potential effects on health of cumulative or acute exposure to | 2842 |
radiation, the development and improvement of methods to limit and | 2843 |
reduce the generation of radioactive waste, and related problems | 2844 |
as the director considers necessary or advisable; | 2845 |
(4) In accordance with Chapter 119. of the Revised Code, | 2846 |
adopt rules establishing criteria under which other agencies of | 2847 |
the state or private entities may perform inspections of x-ray | 2848 |
equipment at registered dental
| 2849 |
request of the facility or pursuant to contract with the | 2850 |
department; | 2851 |
(5) Exercise all incidental powers necessary to carry out the | 2852 |
purposes of this chapter and | 2853 |
including, without limitation, the issuance of orders. | 2854 |
Sec. 3748.16. (A)(1) The director of health shall conduct | 2855 |
regular inspections of the facility for the disposal of low-level | 2856 |
radioactive waste in accordance with rules adopted under division | 2857 |
2858 | |
with those rules, shall provide for at least one resident | 2859 |
inspector at the facility. | 2860 |
(2) Concentrations of radioactive materials released into the | 2861 |
environment during operation, closure, institutional control, and | 2862 |
long-term care of the facility shall be kept as low as are | 2863 |
reasonably achievable and shall not exceed levels established in | 2864 |
rules adopted under division (A)(7) of section 3748.04 of the | 2865 |
Revised Code or the standards set forth in 10 C.F.R. 61.41, | 2866 |
whichever are more stringent. The director shall establish a | 2867 |
program to monitor concentrations of radioactive materials so | 2868 |
released and shall conduct an investigation if monitoring results | 2869 |
indicate concentrations of radioactive materials at levels that | 2870 |
are greater than the established background for a monitoring point | 2871 |
to determine the source of the increased radiation level. | 2872 |
(B)(1) An officer of an agency of the state or of a political | 2873 |
subdivision, acting in the officer's representative capacity, or | 2874 |
any person may file a written complaint with the director, in | 2875 |
accordance with rules adopted under
division | 2876 |
3748.04 of the Revised Code, regarding the failure or alleged | 2877 |
failure of the facility for the disposal of low-level radioactive | 2878 |
waste to comply with health or safety requirements established | 2879 |
under this chapter or Chapter 3747. of the Revised Code or rules | 2880 |
adopted under them. The complaint shall be verified by an | 2881 |
affidavit of the complainant or the complainant's agent or | 2882 |
attorney. The affidavit may be made before any person authorized | 2883 |
by law to administer oaths and shall be signed by the officer or | 2884 |
person who makes it. The person before whom it was taken shall | 2885 |
certify that it was sworn to before that person and signed in that | 2886 |
person's presence, and the certificate signed officially by that | 2887 |
person shall be evidence that the affidavit was made, that the | 2888 |
name of the officer or person was written by that officer or | 2889 |
person, and that the signer was that officer or person. | 2890 |
(2) Upon receipt of a complaint under division (B)(1) of this | 2891 |
section, the director shall cause a prompt investigation to be | 2892 |
conducted as is reasonably necessary to determine whether the | 2893 |
facility has failed or is failing to comply with the health or | 2894 |
safety requirements identified in the complaint. The investigation | 2895 |
shall include a discussion of the complaint with the contractor. | 2896 |
(3) The director may hold a hearing on the complaint. Not | 2897 |
less than twenty days before the hearing, the director shall cause | 2898 |
publication of a notice of the hearing in the county in which the | 2899 |
facility is located and shall mail written notice by certified | 2900 |
mail, return receipt requested, to the complainant and to the | 2901 |
contractor. The hearing shall be conducted before the director or | 2902 |
a hearing examiner designated by the director. The department of | 2903 |
health and the contractor shall be parties. The complainant may | 2904 |
participate as a party by filing with the director, at any time | 2905 |
prior to the hearing, a written notice of the complainant's intent | 2906 |
to participate. Any other person may be permitted to intervene | 2907 |
upon the granting by the director or hearing examiner of a motion | 2908 |
to intervene filed in accordance with rules adopted under division | 2909 |
2910 |
If the director does not hold a hearing, the director shall | 2911 |
provide an opportunity to the complainant and the contractor to | 2912 |
attend a conference with the director concerning the complaint. | 2913 |
(4) Following the completion of the investigation under | 2914 |
division (B)(2) of this section and the hearing or conference | 2915 |
under division (B)(3) of this section, if the director determines | 2916 |
that the facility is in compliance with the health or safety | 2917 |
requirements identified in the complaint, the director shall | 2918 |
dismiss the complaint. If the director determines that the | 2919 |
facility is not in compliance with those requirements, the | 2920 |
director shall issue an order under division (B)(4) of section | 2921 |
3748.05 of the Revised Code requiring the contractor to bring the | 2922 |
facility into compliance and to submit a written discussion of how | 2923 |
that will be accomplished. The director also may do any or all of | 2924 |
the following: | 2925 |
(a) Suspend or revoke the facility's license in accordance | 2926 |
with rules adopted under division (A) of section 3748.04 of the | 2927 |
Revised Code; | 2928 |
(b) Issue an order assessing an administrative penalty in | 2929 |
accordance with rules adopted under division (A)(6) of section | 2930 |
3748.05 of the Revised Code; | 2931 |
(c) Request the attorney general, in writing, to commence | 2932 |
appropriate legal proceedings, including a civil action for | 2933 |
imposition of a civil penalty under section 3748.19 of the Revised | 2934 |
Code and criminal prosecution. | 2935 |
(C) If the director suspends or revokes the license of the | 2936 |
facility for the disposal of low-level radioactive waste for any | 2937 |
reason in accordance with rules adopted under division (A) or (B) | 2938 |
of section 3748.04 of the Revised Code, the contractor shall | 2939 |
indemnify the state for any loss suffered by the state as a result | 2940 |
of the lack of disposal capacity for low-level radioactive waste | 2941 |
that otherwise would have been disposed of at the facility. | 2942 |
(D) The provisions of division (A) of this section | 2943 |
establishing requirements governing the director and divisions (B) | 2944 |
and (C) of this section apply only if the state becomes an | 2945 |
agreement state pursuant to section 3748.03 of the Revised Code. | 2946 |
Sec. 3929.482. (A) The Ohio fair plan underwriting | 2947 |
association by action of its board of governors, with the approval | 2948 |
of the superintendent of insurance, is authorized to enter into a | 2949 |
contract with the Ohio mine subsidence insurance underwriting | 2950 |
association to provide administrative and claims adjusting | 2951 |
services required by it. Such contract shall provide | 2952 |
indemnification by the Ohio mine subsidence insurance underwriting | 2953 |
association to the Ohio fair plan underwriting association, its | 2954 |
members, members of its board of governors, | 2955 |
officers, employees, and agents against all liability, loss, and | 2956 |
expense resulting from acts done or omitted in good faith in | 2957 |
performing such contract. Such contract shall also provide that | 2958 |
the Ohio fair plan underwriting association will be reimbursed for | 2959 |
its actual expenses incurred in performing such services. Common | 2960 |
expenses applicable both to the Ohio fair plan and to the mine | 2961 |
subsidence insurance underwriting association shall be allocated | 2962 |
between them on an equitable basis approved by the superintendent | 2963 |
of insurance. | 2964 |
| 2965 |
of its board of governors, with the approval of the superintendent | 2966 |
of insurance, is authorized to enter into a contract with the Ohio | 2967 |
commercial joint underwriting association to provide | 2968 |
administrative and claims adjusting services required by it. Such | 2969 |
contract shall provide indemnification by the Ohio commercial | 2970 |
joint underwriting association to the Ohio fair plan underwriting | 2971 |
association, its members, members of its board of
governors, | 2972 |
2973 | |
loss, and expenses resulting from acts done or omitted in good | 2974 |
faith in performing such contract. Such contract shall also | 2975 |
provide that the Ohio fair plan underwriting association will be | 2976 |
reimbursed for its actual expenses incurred in performing such | 2977 |
services. Common expenses applicable both to the Ohio fair plan | 2978 |
and to the Ohio commercial joint underwriting association shall be | 2979 |
allocated between them on an equitable basis approved by the | 2980 |
superintendent of insurance. | 2981 |
Sec. 3929.85. No insurer licensed to carry on the business | 2982 |
of insurance in this state that is required by law to contribute | 2983 |
to | 2984 |
insurance guaranty association pursuant to sections 3955.01 to | 2985 |
3955.19 of the Revised Code, or by the plan for apportionment of | 2986 |
applicants for motor vehicle insurance pursuant to section 4509.70 | 2987 |
of the Revised Code, or by the Ohio fair plan underwriting | 2988 |
association pursuant to sections 3929.43 to 3929.61 of the Revised | 2989 |
Code, or by the Ohio commercial insurance joint underwriting | 2990 |
association pursuant to sections 3930.03 to 3930.18 of the Revised | 2991 |
Code shall in any calendar year be required to contribute to, | 2992 |
participate
in, or be assessed by any one or more of | 2993 |
plans or associations in an amount or amounts totaling in excess | 2994 |
of two and one-half per cent of its net direct Ohio premium volume | 2995 |
for the year next preceding the year in which the assessment or | 2996 |
assessments are made or the contributions or participations are | 2997 |
required. | 2998 |
Sec. 3931.01. Individuals, partnerships, and corporations of | 2999 |
this state, designated in sections 3931.01 to 3931.12 of the | 3000 |
Revised Code, as "subscribers," may exchange reciprocal or | 3001 |
interinsurance contracts with each other, and with individuals, | 3002 |
partnerships, and corporations of other states, districts, | 3003 |
provinces, and countries, providing indemnity among themselves | 3004 |
from any loss which may be legally insured against by any fire or | 3005 |
casualty insurance company or association provided that contracts | 3006 |
of indemnity against property damage and bodily injury arising out | 3007 |
of the ownership, maintenance or use of a singly owned private | 3008 |
passenger automobile principally used for nonbusiness purposes may | 3009 |
not be exchanged through a reciprocal insurer which maintains a | 3010 |
surplus over all liabilities of less than two and one-half million | 3011 |
dollars and provided that this exception shall not prohibit the | 3012 |
exchanging of contracts of indemnity against any form of liability | 3013 |
otherwise authorized and arising out of any business or commercial | 3014 |
enterprise. Such contracts and the exchange thereof and such | 3015 |
subscribers, their attorneys, and representatives shall be | 3016 |
regulated by such sections, and no law enacted after July 4, 1917, | 3017 |
shall apply to them, unless they are expressly designated therein. | 3018 |
Such a contract may be executed by an attorney or other | 3019 |
representative designated "attorney," in sections 3931.01 to | 3020 |
3931.12 of the Revised Code, authorized by and acting for such | 3021 |
subscribers under powers of attorney. Such attorney may be a | 3022 |
corporation. The principal office of such attorney shall be | 3023 |
maintained at the place designated by the subscribers in the | 3024 |
powers of attorney. | 3025 |
Except for such limitations on assessability as are approved | 3026 |
by the superintendent of insurance, every reciprocal or | 3027 |
interinsurance contract written pursuant to this chapter for | 3028 |
medical malpractice insurance shall be fully assessable and shall | 3029 |
contain a statement, in boldface capital letters and in type more | 3030 |
prominent than that of the balance of the contract, setting forth | 3031 |
such terms of | 3032 |
3033 | |
3034 | |
3035 | |
3036 | |
3037 | |
3038 | |
3039 | |
"medical malpractice insurance" means insurance coverage against | 3040 |
the legal liability of the insured and against loss, damage, or | 3041 |
expense incident to a claim arising out of the death, disease, or | 3042 |
injury of any person as the result of negligence or malpractice in | 3043 |
rendering professional service by any licensed physician, | 3044 |
podiatrist, or hospital, as those terms are defined in section | 3045 |
2305.113 of the Revised Code. | 3046 |
Sec. 3955.05. Sections 3955.01 to 3955.19 of the Revised | 3047 |
Code apply to all kinds of direct insurance, except: | 3048 |
(A) Title insurance; | 3049 |
(B) Fidelity or surety bonds, or any other bonding | 3050 |
obligations; | 3051 |
(C) Credit insurance, vendors' single interest insurance, | 3052 |
collateral protection insurance, or any similar insurance | 3053 |
protecting the interests of a creditor arising out of a | 3054 |
creditor-debtor transaction; | 3055 |
(D) Mortgage guaranty, financial guaranty, residual value, or | 3056 |
other forms of insurance offering protection against investment | 3057 |
risks; | 3058 |
(E) Ocean marine insurance; | 3059 |
(F) Any insurance provided by or guaranteed by government, | 3060 |
including, but not limited to, any department, board, office, | 3061 |
commission, agency, institution, or other instrumentality or | 3062 |
entity of any branch of state government, any political | 3063 |
subdivision of this state, the United States or any agency of the | 3064 |
United States, or any separate or joint governmental | 3065 |
self-insurance or risk-pooling program, plan, or pool; | 3066 |
(G) Contracts of any corporation by which health services are | 3067 |
to be provided to its subscribers; | 3068 |
(H) Life, annuity, health, or disability insurance, including | 3069 |
sickness and accident insurance written pursuant to Chapter 3923. | 3070 |
of the Revised Code; | 3071 |
(I) Fraternal benefit insurance; | 3072 |
(J) Mutual protective insurance of persons or property; | 3073 |
(K) Reciprocal or interinsurance contracts written pursuant | 3074 |
to Chapter 3931. of the Revised Code for medical malpractice | 3075 |
insurance | 3076 |
3077 | |
3078 | |
3079 | |
3080 | |
3081 | |
3082 | |
3083 | |
insurance" means insurance coverage against the legal liability of | 3084 |
the insured and against loss, damage, or expense incident to a | 3085 |
claim arising out of the death, disease, or injury of any person | 3086 |
as the result of negligence or malpractice in rendering | 3087 |
professional service by any licensed physician, podiatrist, or | 3088 |
hospital, as those terms are defined in section 2305.113 of the | 3089 |
Revised Code. | 3090 |
(L) Any political subdivision self-insurance program or joint | 3091 |
political subdivision self-insurance pool established under | 3092 |
Chapter 2744. of the Revised Code; | 3093 |
(M) Warranty or service contracts, or the insurance of
| 3094 |
those contracts; | 3095 |
(N) Any state university or college self-insurance program | 3096 |
established under section 3345.202 of the Revised Code; | 3097 |
(O) Any transaction, or combination of transactions, between | 3098 |
a person, including affiliates of such person, and an insurer, | 3099 |
including affiliates of such insurer, that involves the transfer | 3100 |
of investment or credit risk unaccompanied by a transfer of | 3101 |
insurance risk; | 3102 |
(P) Credit union share guaranty insurance issued pursuant to | 3103 |
Chapter 1761. of the Revised Code; | 3104 |
(Q) Insurance issued by risk retention groups as defined in | 3105 |
Chapter 3960. of the Revised Code; | 3106 |
(R) Workers' compensation insurance, including any contract | 3107 |
indemnifying an employer who pays compensation directly to | 3108 |
employees. | 3109 |
Sec. 3960.06. (A) A purchasing group and its insurer or | 3110 |
insurers are subject to all applicable laws of this state, except | 3111 |
that a purchasing group and its insurer or insurers, in regard to | 3112 |
liability insurance for the purchasing group, are exempt from any | 3113 |
law that does any of the following: | 3114 |
(1) Prohibits the establishment of a purchasing group; | 3115 |
(2) Makes it unlawful for an insurer to provide or offer to | 3116 |
provide insurance on a basis providing, to a purchasing group or | 3117 |
its members, advantages based on their loss and expense experience | 3118 |
not afforded to other persons with respect to rates, policy forms, | 3119 |
coverages, or other matters; | 3120 |
(3) Prohibits a purchasing group or its members from | 3121 |
purchasing insurance on a group basis described in division (A)(2) | 3122 |
of this section; | 3123 |
(4) Prohibits a purchasing group from obtaining insurance on | 3124 |
a group basis because the group has not been in existence for a | 3125 |
minimum period of time or because any member has not belonged to | 3126 |
the group for a minimum period of time; | 3127 |
(5) Requires that a purchasing group have a minimum number of | 3128 |
members, common ownership or affiliation, or a certain legal form; | 3129 |
(6) Requires that a certain percentage of a purchasing group | 3130 |
obtain insurance on a group basis; | 3131 |
(7) Otherwise discriminates against a purchasing group or any | 3132 |
of its members; | 3133 |
(8) Requires that any insurance policy issued to a purchasing | 3134 |
group or any of its members be countersigned by an insurance agent | 3135 |
or broker residing in this state. | 3136 |
(B) The superintendent of insurance may require or exempt a | 3137 |
risk retention group from participation in any joint underwriting | 3138 |
association established under section 3930.03 or in the plan | 3139 |
established under section 4509.70 of the Revised Code. Any risk | 3140 |
retention group that is required to participate under this | 3141 |
division shall submit sufficient information to the superintendent | 3142 |
to enable | 3143 |
nondiscriminatory basis the risk retention group's proportionate | 3144 |
share of losses and expenses. | 3145 |
Sec. 4117.01. As used in this chapter: | 3146 |
(A) "Person," in addition to those included in division (C) | 3147 |
of section 1.59 of the Revised Code, includes employee | 3148 |
organizations, public employees, and public employers. | 3149 |
(B) "Public employer" means the state or any political | 3150 |
subdivision of the state located entirely within the state, | 3151 |
including, without limitation, any municipal corporation with a | 3152 |
population of at least five thousand according to the most recent | 3153 |
federal decennial census; county; township with a population of at | 3154 |
least five thousand in the unincorporated area of the township | 3155 |
according to the most recent federal decennial census; school | 3156 |
district; governing authority of a community school established | 3157 |
under Chapter 3314. of the Revised Code; state institution of | 3158 |
higher learning; public or special district; state agency, | 3159 |
authority, commission, or board; or other branch of public | 3160 |
employment. | 3161 |
(C) "Public employee" means any person holding a position by | 3162 |
appointment or employment in the service of a public employer, | 3163 |
including any person working pursuant to a contract between a | 3164 |
public employer and a private employer and over whom the national | 3165 |
labor relations board has declined jurisdiction on the basis that | 3166 |
the involved employees are employees of a public employer, except: | 3167 |
(1) Persons holding elective office; | 3168 |
(2) Employees of the general assembly and employees of any | 3169 |
other legislative body of the public employer whose principal | 3170 |
duties are directly related to the legislative functions of the | 3171 |
body; | 3172 |
(3) Employees on the staff of the governor or the chief | 3173 |
executive of the public employer whose principal duties are | 3174 |
directly related to the performance of the executive functions of | 3175 |
the governor or the chief executive; | 3176 |
(4) Persons who are members of the Ohio organized militia, | 3177 |
while training or performing duty under section 5919.29 or 5923.12 | 3178 |
of the Revised Code; | 3179 |
(5) Employees of the state employment relations board; | 3180 |
(6) Confidential employees; | 3181 |
(7) Management level employees; | 3182 |
(8) Employees and officers of the courts, assistants to the | 3183 |
attorney general, assistant prosecuting attorneys, and employees | 3184 |
of the clerks of courts who perform a judicial function; | 3185 |
(9) Employees of a public official who act in a fiduciary | 3186 |
capacity, appointed pursuant to section 124.11 of the Revised | 3187 |
Code; | 3188 |
(10) Supervisors; | 3189 |
(11) Students whose primary purpose is educational training, | 3190 |
including graduate assistants or associates, residents, interns, | 3191 |
or other students working as part-time public employees less than | 3192 |
fifty per cent of the normal year in the employee's bargaining | 3193 |
unit; | 3194 |
(12) Employees of county boards of election; | 3195 |
(13) Seasonal and casual employees as determined by the state | 3196 |
employment relations board; | 3197 |
(14) Part-time faculty members of an institution of higher | 3198 |
education; | 3199 |
(15) Employees of the state personnel board of review; | 3200 |
(16) Participants in a work activity, developmental activity, | 3201 |
or alternative work activity under sections 5107.40 to 5107.69 of | 3202 |
the Revised Code who perform a service for a public employer that | 3203 |
the public employer needs but is not performed by an employee of | 3204 |
the public employer if the participant is not engaged in paid | 3205 |
employment or subsidized employment pursuant to the activity; | 3206 |
| 3207 |
service of the department of transportation under section 5501.20 | 3208 |
of the Revised Code; | 3209 |
| 3210 |
this state to perform their duties as employees. | 3211 |
(D) "Employee organization" means any labor or bona fide | 3212 |
organization in which public employees participate and that exists | 3213 |
for the purpose, in whole or in part, of dealing with public | 3214 |
employers concerning grievances, labor disputes, wages, hours, | 3215 |
terms, and other conditions of employment. | 3216 |
(E) "Exclusive representative" means the employee | 3217 |
organization certified or recognized as an exclusive | 3218 |
representative under section 4117.05 of the Revised Code. | 3219 |
(F) "Supervisor" means any individual who has authority, in | 3220 |
the interest of the public employer, to hire, transfer, suspend, | 3221 |
lay off, recall, promote, discharge, assign, reward, or discipline | 3222 |
other public employees; to responsibly direct them; to adjust | 3223 |
their grievances; or to effectively recommend such action, if the | 3224 |
exercise of that authority is not of a merely routine or clerical | 3225 |
nature, but requires the use of independent judgment, provided | 3226 |
that: | 3227 |
(1) Employees of school districts who are department | 3228 |
chairpersons or consulting teachers shall not be deemed | 3229 |
supervisors; | 3230 |
(2) With respect to members of a police or fire department, | 3231 |
no person shall be deemed a supervisor except the chief of the | 3232 |
department or those individuals who, in the absence of the chief, | 3233 |
are authorized to exercise the authority and perform the duties of | 3234 |
the chief of the department. Where prior to June 1, 1982, a public | 3235 |
employer pursuant to a judicial decision, rendered in litigation | 3236 |
to which the public employer was a party, has declined to engage | 3237 |
in collective bargaining with members of a police or fire | 3238 |
department on the basis that those members are supervisors, those | 3239 |
members of a police or fire department do not have the rights | 3240 |
specified in this chapter for the purposes of future collective | 3241 |
bargaining. The state employment relations board shall decide all | 3242 |
disputes concerning the application of division (F)(2) of this | 3243 |
section. | 3244 |
(3) With respect to faculty members of a state institution of | 3245 |
higher education, heads of departments or divisions are | 3246 |
supervisors; however, no other faculty member or group of faculty | 3247 |
members is a supervisor solely because the faculty member or group | 3248 |
of faculty members participate in decisions with respect to | 3249 |
courses, curriculum, personnel, or other matters of academic | 3250 |
policy; | 3251 |
(4) No teacher as defined in section 3319.09 of the Revised | 3252 |
Code shall be designated as a supervisor or a management level | 3253 |
employee unless the teacher is employed under a contract governed | 3254 |
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and | 3255 |
is assigned to a position for which a license deemed to be for | 3256 |
administrators under state board rules is required pursuant to | 3257 |
section 3319.22 of the Revised Code. | 3258 |
(G) "To bargain collectively" means to perform the mutual | 3259 |
obligation of the public employer, by its representatives, and the | 3260 |
representatives of its employees to negotiate in good faith at | 3261 |
reasonable times and places with respect to wages, hours, terms, | 3262 |
and other conditions of employment and the continuation, | 3263 |
modification, or deletion of an existing provision of a collective | 3264 |
bargaining agreement, with the intention of reaching an agreement, | 3265 |
or to resolve questions arising under the agreement. "To bargain | 3266 |
collectively" includes executing a written contract incorporating | 3267 |
the terms of any agreement reached. The obligation to bargain | 3268 |
collectively does not mean that either party is compelled to agree | 3269 |
to a proposal nor does it require the making of a concession. | 3270 |
(H) "Strike" means continuous concerted action in failing to | 3271 |
report to duty; willful absence from one's position; or stoppage | 3272 |
of work in whole from the full, faithful, and proper performance | 3273 |
of the duties of employment, for the purpose of inducing, | 3274 |
influencing, or coercing a change in wages, hours, terms, and | 3275 |
other conditions of employment. "Strike" does not include a | 3276 |
stoppage of work by employees in good faith because of dangerous | 3277 |
or unhealthful working conditions at the place of employment that | 3278 |
are abnormal to the place of employment. | 3279 |
(I) "Unauthorized strike" includes, but is not limited to, | 3280 |
concerted action during the term or extended term of a collective | 3281 |
bargaining agreement or during the pendency of the settlement | 3282 |
procedures set forth in section 4117.14 of the Revised Code in | 3283 |
failing to report to duty; willful absence from one's position; | 3284 |
stoppage of work; slowdown, or abstinence in whole or in part from | 3285 |
the full, faithful, and proper performance of the duties of | 3286 |
employment for the purpose of inducing, influencing, or coercing a | 3287 |
change in wages, hours, terms, and other conditions of employment. | 3288 |
"Unauthorized strike" includes any such action, absence, stoppage, | 3289 |
slowdown, or abstinence when done partially or intermittently, | 3290 |
whether during or after the expiration of the term or extended | 3291 |
term of a collective bargaining agreement or during or after the | 3292 |
pendency of the settlement procedures set forth in section 4117.14 | 3293 |
of the Revised Code. | 3294 |
(J) "Professional employee" means any employee engaged in | 3295 |
work that is predominantly intellectual, involving the consistent | 3296 |
exercise of discretion and judgment in its performance and | 3297 |
requiring knowledge of an advanced type in a field of science or | 3298 |
learning customarily acquired by a prolonged course in an | 3299 |
institution of higher learning or a hospital, as distinguished | 3300 |
from a general academic education or from an apprenticeship; or an | 3301 |
employee who has completed the courses of specialized intellectual | 3302 |
instruction and is performing related work under the supervision | 3303 |
of a professional person to become qualified as a professional | 3304 |
employee. | 3305 |
(K) "Confidential employee" means any employee who works in | 3306 |
the personnel offices of a public employer and deals with | 3307 |
information to be used by the public employer in collective | 3308 |
bargaining; or any employee who works in a close continuing | 3309 |
relationship with public officers or representatives directly | 3310 |
participating in collective bargaining on behalf of the employer. | 3311 |
(L) "Management level employee" means an individual who | 3312 |
formulates policy on behalf of the public employer, who | 3313 |
responsibly directs the implementation of policy, or who may | 3314 |
reasonably be required on behalf of the public employer to assist | 3315 |
in the preparation for the conduct of collective negotiations, | 3316 |
administer collectively negotiated agreements, or have a major | 3317 |
role in personnel administration. Assistant superintendents, | 3318 |
principals, and assistant principals whose employment is governed | 3319 |
by section 3319.02 of the Revised Code are management level | 3320 |
employees. With respect to members of a faculty of a state | 3321 |
institution of higher education, no person is a management level | 3322 |
employee because of the person's involvement in the formulation or | 3323 |
implementation of academic or institution policy. | 3324 |
(M) "Wages" means hourly rates of pay, salaries, or other | 3325 |
forms of compensation for services rendered. | 3326 |
(N) "Member of a police department" means a person who is in | 3327 |
the employ of a police department of a municipal corporation as a | 3328 |
full-time regular police officer as the result of an appointment | 3329 |
from a duly established civil service eligibility list or under | 3330 |
section 737.15 or 737.16 of the Revised Code, a full-time deputy | 3331 |
sheriff appointed under section 311.04 of the Revised Code, a | 3332 |
township constable appointed under section 509.01 of the Revised | 3333 |
Code, or a member of a township police district police department | 3334 |
appointed under section 505.49 of the Revised Code. | 3335 |
(O) "Members of the state highway patrol" means highway | 3336 |
patrol troopers and radio operators appointed under section | 3337 |
5503.01 of the Revised Code. | 3338 |
(P) "Member of a fire department" means a person who is in | 3339 |
the employ of a fire department of a municipal corporation or a | 3340 |
township as a fire cadet, full-time regular firefighter, or | 3341 |
promoted rank as the result of an appointment from a duly | 3342 |
established civil service eligibility list or under section | 3343 |
505.38, 709.012, or 737.22 of the Revised Code. | 3344 |
(Q) "Day" means calendar day. | 3345 |
Sec. 4121.442. (A) The | 3346 |
3347 | |
standards for qualification of health care plans of the Ohio | 3348 |
workers' compensation qualified health plan system to provide | 3349 |
medical, surgical, nursing, drug, hospital, and rehabilitation | 3350 |
services and supplies to an employee for an injury or occupational | 3351 |
disease that is compensable under this chapter or Chapter 4123., | 3352 |
4127., or 4131. of the Revised Code. In adopting the standards, | 3353 |
the | 3354 |
accreditation standards. The standards the | 3355 |
administrator adopts must provide that a qualified plan provides | 3356 |
for all of the following: | 3357 |
(1) Criteria for selective contracting of health care | 3358 |
providers; | 3359 |
(2) Adequate plan structure and financial stability; | 3360 |
(3) Procedures for the resolution of medical disputes between | 3361 |
an employee and an employer, an employee and a provider, or an | 3362 |
employer and a provider, prior to an appeal under section 4123.511 | 3363 |
of the Revised Code; | 3364 |
(4) Authorize employees who are dissatisfied with the health | 3365 |
care services of the employer's qualified plan and do not wish to | 3366 |
obtain treatment under the provisions of this section, to request | 3367 |
the administrator for referral to a health care provider in the | 3368 |
bureau's health care partnership program. The administrator must | 3369 |
refer all requesting employees into the health care partnership | 3370 |
program. | 3371 |
(5) Does not discriminate against any category of health care | 3372 |
provider; | 3373 |
(6) Provide a procedure for reporting injuries to the bureau | 3374 |
of workers' compensation and to employers by providers within the | 3375 |
qualified plan; | 3376 |
(7) Provide appropriate financial incentives to reduce | 3377 |
service costs and utilization without sacrificing the quality of | 3378 |
service; | 3379 |
(8) Provide adequate methods of peer review, utilization | 3380 |
review, quality assurance, and dispute resolution to prevent and | 3381 |
provide sanctions for inappropriate, excessive, or not medically | 3382 |
necessary treatment; | 3383 |
(9) Provide a timely and accurate method of reporting to the | 3384 |
administrator necessary information regarding medical and health | 3385 |
care service and supply costs, quality, and utilization to enable | 3386 |
the administrator to determine the effectiveness of the plan; | 3387 |
(10) Authorize necessary emergency medical treatment for an | 3388 |
injury or occupational disease provided by a health care provider | 3389 |
who is not a part of the qualified health care plan; | 3390 |
(11) Provide an employee the right to change health care | 3391 |
providers within the qualified health care plan; | 3392 |
(12) Provide for standardized data and reporting | 3393 |
requirements; | 3394 |
(13) Authorize necessary medical treatment for employees who | 3395 |
work in Ohio but reside in another state. | 3396 |
| 3397 |
health plan standards shall be considered qualified plans and are | 3398 |
eligible to become part of the Ohio workers' compensation | 3399 |
qualified health plan system. Any employer or group of employers | 3400 |
may provide medical, surgical, nursing, drug, hospital, and | 3401 |
rehabilitation services and supplies to an employee for an injury | 3402 |
or occupational disease that is compensable under this chapter or | 3403 |
Chapter 4123., 4127., or 4131. of the Revised Code through a | 3404 |
qualified health plan. | 3405 |
Sec. 4167.09. (A) Any public employer affected by a proposed | 3406 |
rule or Ohio employment risk reduction standard or any provision | 3407 |
3408 | |
4167.08 of the Revised Code may apply to the director of commerce | 3409 |
for an order granting a temporary variance from the standard or | 3410 |
provision. The application
for the order and any extension | 3411 |
3412 | |
determined by the public employment risk reduction advisory | 3413 |
commission, and all of the following information: | 3414 |
(1) A specification of the Ohio public employment risk | 3415 |
reduction standard or | 3416 |
the public employer seeks the temporary variance; | 3417 |
(2) A representation by the public employer, supported by | 3418 |
representations from qualified persons having firsthand knowledge | 3419 |
of the facts represented, that the public employer is unable to | 3420 |
comply with the Ohio employment risk reduction standard or | 3421 |
3422 | |
reasons | 3423 |
(3) A statement of the steps that the public employer has | 3424 |
taken and will take, with dates specified, to protect employees | 3425 |
against the hazard covered by the standard; | 3426 |
(4) A statement of when the public employer expects to be | 3427 |
able to comply fully with the Ohio employment risk reduction | 3428 |
standard and what steps the public employer has taken and will | 3429 |
take, with dates specified, to come into full compliance with the | 3430 |
standard; | 3431 |
(5) A certification that the public employer has informed the | 3432 |
public employer's public employees of the application by giving a | 3433 |
copy of the application to the public employee representative, if | 3434 |
any, and by posting a statement giving a summary of the | 3435 |
application and specifying where a copy of the application may be | 3436 |
examined at the place or places where notices to public employees | 3437 |
are normally posted, and by any other appropriate means of public | 3438 |
employee
notification. The public employer also | 3439 |
the public employer's public employees of their rights to a | 3440 |
hearing under section 4167.15 of the Revised Code. The | 3441 |
certification also shall contain a description of how public | 3442 |
employees have been informed of the application and of their | 3443 |
rights to a hearing. | 3444 |
(B) The director shall issue an order providing for a | 3445 |
temporary variance if the public employer files an application | 3446 |
that meets the requirements of division (A) of this section and | 3447 |
establishes that all of the following pertaining to the public | 3448 |
employer are true: | 3449 |
(1) The public employer is unable to comply with the Ohio | 3450 |
employment risk
reduction standard or a provision | 3451 |
its effective date because of the unavailability of professional | 3452 |
or technical personnel or of materials and equipment needed to | 3453 |
come into compliance with the Ohio employment risk reduction | 3454 |
standard or
provision | 3455 |
construction or alteration of facilities cannot be completed by | 3456 |
the effective date of the standard. | 3457 |
(2) The public employer is taking all available steps to | 3458 |
safeguard the public employer's public employees against the | 3459 |
hazards covered by the Ohio employment risk reduction standard. | 3460 |
(3) The public employer has an effective program for coming | 3461 |
into compliance with the Ohio employment risk reduction standard | 3462 |
as quickly as practicable. | 3463 |
(4) The granting of the variance will not create an imminent | 3464 |
danger of death or serious physical harm to public employees. | 3465 |
(C)(1) If the director issues an order providing for a | 3466 |
temporary variance under division (B) of this section, the | 3467 |
director shall prescribe the practices, means, methods, | 3468 |
operations, and processes that the public employer must adopt and | 3469 |
use while the order is in effect and state in detail the public | 3470 |
employer's program for coming into compliance with the Ohio | 3471 |
employment risk reduction standard. The director may issue the | 3472 |
order only after providing notice to affected public employees and | 3473 |
their public employee representative, if any, and an opportunity | 3474 |
for a hearing pursuant to section 4167.15 of the Revised Code, | 3475 |
provided that the director may issue one interim order granting a | 3476 |
temporary order to be effective until a decision on a hearing is | 3477 |
made. Except as provided in division (C)(2) of this section, no | 3478 |
temporary variance may be in effect for longer than the period | 3479 |
needed by the public employer to achieve compliance with the Ohio | 3480 |
employment risk reduction standard or one year, whichever is | 3481 |
shorter. | 3482 |
(2) The director may renew an order issued under division (C) | 3483 |
of this section up to two times provided that the requirements of | 3484 |
divisions (A), (B), and (C)(1) of this section and section 4167.15 | 3485 |
of the Revised Code are met and the public employer files an | 3486 |
application for renewal with the director at least ninety days | 3487 |
prior to the expiration date of the order. | 3488 |
(D) Any public employer affected by an Ohio employment risk | 3489 |
reduction standard or any provision | 3490 |
or otherwise issued under section 4167.07 | 3491 |
Revised Code may apply to the director for an order granting a | 3492 |
variance from the standard or | 3493 |
shall provide affected public employees and their public employee | 3494 |
representative, if any, notice of the application and shall | 3495 |
provide an opportunity for a hearing pursuant to section 4167.15 | 3496 |
of the Revised Code. The director shall issue the order granting | 3497 |
the variance if the public employer files an application that | 3498 |
meets the requirements of division (B) of this section, and after | 3499 |
an opportunity for a hearing pursuant to section 4167.15 of the | 3500 |
Revised Code, and if the public employer establishes to the | 3501 |
satisfaction of the director that the conditions, practices, | 3502 |
means, methods, operations, or processes used or proposed to be | 3503 |
used by the public employer will provide employment and places of | 3504 |
employment to the public employer's public employees that are as | 3505 |
safe and healthful as those that would prevail if the public | 3506 |
employer complied with the Ohio employment risk reduction | 3507 |
standard. The director shall prescribe in the order granting the | 3508 |
variance the conditions the public employer must maintain, and the | 3509 |
practices, means, methods, operations, and processes the public | 3510 |
employer must adopt and utilize in lieu of the Ohio employment | 3511 |
risk reduction standard | 3512 |
director may modify or revoke the order upon application of the | 3513 |
public employer, public employee, or public employee | 3514 |
representative, or upon the director's own motion in the manner | 3515 |
prescribed for the issuance of an order under this division at any | 3516 |
time during six months after the date of issuance of the order. | 3517 |
Sec. 4167.25. As used in this section and sections | 3518 |
3519 |
(A) "Bloodborne pathogen" means a microorganism present in | 3520 |
human blood that can cause disease in humans, including the human | 3521 |
immunodeficiency virus, hepatitis B virus, hepatitis C virus, and | 3522 |
other pathogenic microorganisms. | 3523 |
(B) "Engineered sharps injury protection" means either of the | 3524 |
following: | 3525 |
(1) A physical attribute built into a needle device used for | 3526 |
withdrawing body fluids, accessing a vein or artery, or | 3527 |
administering medications or other fluids that effectively reduces | 3528 |
the risk of an exposure incident by a mechanism such as barrier | 3529 |
creation, blunting, encapsulation, withdrawal, retraction, | 3530 |
destruction, or any other effective mechanism; | 3531 |
(2) A physical attribute built into a type of needle device | 3532 |
not included in division (B)(1) of this section, or built into a | 3533 |
non-needle sharp, that effectively reduces the risk of an exposure | 3534 |
incident. | 3535 |
(C) "Exposure incident" means an occurrence of occupational | 3536 |
exposure to blood or other material potentially containing | 3537 |
bloodborne pathogens, including exposure that occurs through a | 3538 |
sharps injury. | 3539 |
(D) "Needleless system" means a device that does not utilize | 3540 |
needles for the following: | 3541 |
(1) Withdrawing body fluids after initial venous or arterial | 3542 |
access is established; | 3543 |
(2) Administering medication or fluids; | 3544 |
(3) Performing any other procedure involving potential | 3545 |
exposure incidents. | 3546 |
(E) "Public health care worker" means a person who is | 3547 |
employed by a public employer to provide health services that | 3548 |
carry with them the potential for exposure incidents, including a | 3549 |
person employed by a public hospital or other public health care | 3550 |
facility, a person employed by a public employer to provide home | 3551 |
health care, and a person employed by a public employer as a | 3552 |
firefighter, emergency medical technician-basic, emergency medical | 3553 |
technician-intermediate, or emergency medical | 3554 |
technician-paramedic. "Public health care worker" does not include | 3555 |
a person who is employed by a public employer to provide dental | 3556 |
services, treatment, or training or a dental student who is | 3557 |
receiving training from a public employer. | 3558 |
(F) "Sharp" means an object used in or encountered when | 3559 |
providing health care services that can be reasonably anticipated | 3560 |
to penetrate the skin or any other part of the body and result in | 3561 |
an exposure incident, including objects such as needle devices, | 3562 |
scalpels, lancets, and broken glass. | 3563 |
(G) "Sharps injury" means an injury caused by a sharp, | 3564 |
including such injuries as cuts, abrasions, and needlesticks. | 3565 |
Sec. 4167.27. (A) The public employment risk reduction | 3566 |
advisory commission shall adopt a rule and Ohio employment risk | 3567 |
reduction standard for the prevention of exposure incidents. The | 3568 |
initial rule and standard shall be adopted not later than one | 3569 |
hundred eighty days after | 3570 |
(B) The commission shall provide advice to public employers | 3571 |
with regard to their implementation of the requirements | 3572 |
established by the rule and standard adopted under this section | 3573 |
and the requirements of section 4167.28 of the Revised Code. | 3574 |
Sec. 4731.143. (A) Each person holding a valid certificate | 3575 |
under this chapter authorizing the certificate holder to practice | 3576 |
medicine and surgery, osteopathic medicine and surgery, or | 3577 |
podiatric medicine and surgery, who is not covered by medical | 3578 |
malpractice insurance shall provide a patient with written notice | 3579 |
of the
certificate holder's lack of | 3580 |
prior to providing nonemergency professional services to the | 3581 |
patient. The notice shall be provided alone on its own page. The | 3582 |
notice shall provide space for the patient to acknowledge receipt | 3583 |
of the notice, and shall be in the following form: | 3584 |
"N O T I C E: | 3585 |
Dr. ............... (here state the full name of the | 3586 |
certificate holder) is not covered by medical malpractice | 3587 |
insurance. | 3588 |
The undersigned acknowledges the receipt of this notice. | 3589 |
3590 | |||
(Patient's Signature) | 3591 | ||
3592 | |||
(Date)" | 3593 |
The certificate holder shall obtain the patient's signature, | 3594 |
acknowledging the patient's receipt of the notice, prior to | 3595 |
providing nonemergency professional services to the patient. The | 3596 |
certificate holder shall maintain the signed notice in the | 3597 |
patient's file. | 3598 |
(B) This section does not apply to any officer or employee of | 3599 |
the state, as those terms are defined in section 9.85 of the | 3600 |
Revised Code, who is immune from civil liability under section | 3601 |
9.86 of the Revised Code or is entitled to indemnification | 3602 |
pursuant to section 9.87 of the Revised Code, to the extent that | 3603 |
the person is acting within the scope of the person's employment | 3604 |
or official responsibilities. | 3605 |
This section does not apply to a person who complies with | 3606 |
division (B)(2) of section 2305.234 of the Revised Code. | 3607 |
| 3608 |
3609 | |
3610 | |
3611 | |
3612 | |
3613 | |
3614 | |
(C) As used in this section, "medical malpractice insurance" means | 3615 |
insurance coverage against the legal liability of the insured and | 3616 |
against loss, damage, or expense incident to a claim arising out | 3617 |
of the death, disease, or injury of any person as the result of | 3618 |
negligence or malpractice in rendering professional service by any | 3619 |
licensed physician, podiatrist, or hospital, as those terms are | 3620 |
defined in section 2305.113 of the Revised Code. | 3621 |
Sec. 4741.03. (A) The state veterinary medical licensing | 3622 |
board shall meet at least once in each calendar year and may hold | 3623 |
additional meetings as often as it considers necessary to conduct | 3624 |
the business of the board. The president of the board may call | 3625 |
special meetings | 3626 |
meetings upon the written request of three members of the board. | 3627 |
The board shall organize by electing a president and | 3628 |
vice-president from its veterinarian members and such other | 3629 |
officers as the board prescribes by rule. Each officer shall serve | 3630 |
for a term specified by board rule or until a successor is elected | 3631 |
and qualified. A quorum of the board consists of four members of | 3632 |
which at least three are members who are veterinarians. The | 3633 |
concurrence of four members is necessary for the board to take any | 3634 |
action. | 3635 |
(B) The board may appoint a person, not one of its members, | 3636 |
to serve as its executive secretary. The executive secretary is in | 3637 |
the unclassified service and serves at the pleasure of the board. | 3638 |
The executive secretary shall serve as the board's | 3639 |
secretary-treasurer ex officio. The board may employ additional | 3640 |
employees for professional, technical, clerical, and special work | 3641 |
as it considers necessary. The executive secretary shall give a | 3642 |
surety bond to the state in the sum the board requires, | 3643 |
conditioned upon the faithful performance of the executive | 3644 |
secretary's duties. The board shall pay the cost of the bond. The | 3645 |
executive secretary shall keep a complete accounting of all funds | 3646 |
received and of all vouchers presented by the board to the | 3647 |
director of budget and management for the disbursement of funds. | 3648 |
The president or executive secretary shall approve all vouchers of | 3649 |
the board. All money received by the board shall be credited to | 3650 |
the occupational licensing and regulatory fund. | 3651 |
(C) In addition to any other duty required under this | 3652 |
chapter, the board shall do all of the following: | 3653 |
(1) Prescribe a seal; | 3654 |
(2) Hold at least one examination during each calendar year | 3655 |
for applicants for a license. The board shall provide public | 3656 |
notice of the time and place for the examination. The examination | 3657 |
for applicants for a license to practice veterinary medicine shall | 3658 |
be either written or oral, or both, as determined by the board, | 3659 |
and may include a practical demonstration. The examination may | 3660 |
include all subjects relevant to veterinary medicine the board | 3661 |
determines appropriate, including public health and jurisprudence. | 3662 |
(3) Keep a record of all of its meetings and proceedings; | 3663 |
(4) Maintain a register that records all applicants for a | 3664 |
certificate of license or a temporary permit, all persons who have | 3665 |
been denied a license or permit, all persons who have been granted | 3666 |
or reissued a license or permit, and all persons whose license or | 3667 |
permit has been revoked or suspended. The register shall also | 3668 |
include a record of persons licensed prior to October 17, 1975. | 3669 |
(5) Maintain a register, in such form as the board determines | 3670 |
by rule, of all colleges and universities that teach veterinary | 3671 |
medicine and that are approved by the board; | 3672 |
(6) Enforce this chapter, and for that purpose, make | 3673 |
investigations relative as provided in section 4741.26 of the | 3674 |
Revised Code; | 3675 |
(7) Issue licenses and permits to persons who meet the | 3676 |
qualifications set forth in this chapter; | 3677 |
(8) Approve colleges and universities which meet the board's | 3678 |
requirements for veterinary medicine and associated fields of | 3679 |
study and withdraw or deny, after an adjudication conducted in | 3680 |
accordance with Chapter 119. of the Revised Code, approval from | 3681 |
colleges and universities which fail to meet those requirements; | 3682 |
(9) Adopt rules, in accordance with Chapter 119. of the | 3683 |
Revised Code, which are necessary for its government and for the | 3684 |
administration and enforcement of this chapter. | 3685 |
(D) The board may do all of the following: | 3686 |
(1) Subpoena witnesses and require their attendance and | 3687 |
testimony, | 3688 |
papers, public records, animal patient records, and other | 3689 |
documentary
evidence and examine them | 3690 |
3691 | |
hear. Except for any officer or employee of the state or any | 3692 |
political subdivision of the state, the treasurer of state shall | 3693 |
pay all witnesses in any proceeding before the board, upon | 3694 |
certification from the board, witness fees in the same amount as | 3695 |
provided in section 2335.06 of the Revised Code. | 3696 |
(2) Examine and inspect books, papers, public records, animal | 3697 |
patient records, and other documentary evidence at the location | 3698 |
where the books, papers, records, and other evidence are normally | 3699 |
stored or maintained. | 3700 |
(E) All registers, books, and records kept by the board are | 3701 |
the property of the board and are open for public examination and | 3702 |
inspection at all reasonable times. The registers, books, and | 3703 |
records are prima-facie evidence of the matters contained
| 3704 |
in them. | 3705 |
Sec. 4755.481. (A) If a physical therapist evaluates and | 3706 |
treats a patient without the prescription of, or the referral of | 3707 |
the patient by, a person who is licensed to practice medicine and | 3708 |
surgery, chiropractic, dentistry, osteopathic medicine and | 3709 |
surgery, podiatric medicine and surgery, or nursing as a certified | 3710 |
registered nurse anesthetist, clinical nurse specialist, certified | 3711 |
nurse-midwife, or certified nurse practitioner, all of the | 3712 |
following apply: | 3713 |
(1) The physical therapist shall, upon consent of the | 3714 |
patient, inform the patient's physician, chiropractor, dentist, | 3715 |
podiatrist, certified registered nurse anesthetist, clinical nurse | 3716 |
specialist, certified nurse-midwife, or certified nurse | 3717 |
practitioner of the evaluation not later than five business days | 3718 |
after the evaluation is made. | 3719 |
(2) If the physical therapist determines, based on reasonable | 3720 |
evidence, that no substantial progress has been made with respect | 3721 |
to that patient during the thirty-day period immediately following | 3722 |
the date of the patient's initial visit with the physical | 3723 |
therapist, the physical therapist shall consult with or refer the | 3724 |
patient to a licensed physician, chiropractor, dentist, | 3725 |
podiatrist, certified registered nurse anesthetist, clinical nurse | 3726 |
specialist, certified nurse-midwife, or certified nurse | 3727 |
practitioner, unless either of the following applies: | 3728 |
(a) The evaluation, treatment, or services are being provided | 3729 |
for fitness, wellness, or prevention purposes. | 3730 |
(b) The patient previously was diagnosed with chronic, | 3731 |
neuromuscular, or developmental conditions and the evaluation, | 3732 |
treatment, or services are being provided for problems or symptoms | 3733 |
associated with one or more of those previously diagnosed | 3734 |
conditions. | 3735 |
(3) If the physical therapist determines that orthotic | 3736 |
devices are necessary to treat the patient, the physical therapist | 3737 |
shall be limited to the application of the following orthotic | 3738 |
devices: | 3739 |
(a) Upper extremity adaptive equipment used to facilitate the | 3740 |
activities of daily living; | 3741 |
(b) Finger splints; | 3742 |
(c) Wrist splints; | 3743 |
(d) Prefabricated elastic or fabric abdominal supports with | 3744 |
or without metal or plastic reinforcing stays and other | 3745 |
prefabricated soft goods requiring minimal fitting; | 3746 |
(e) Nontherapeutic accommodative inlays; | 3747 |
(f) Shoes that are not manufactured or modified for a | 3748 |
particular individual; | 3749 |
(g) Prefabricated foot care products; | 3750 |
(h) Custom foot orthotics; | 3751 |
(i) Durable medical equipment. | 3752 |
(4) If, at any time, the physical therapist has reason to | 3753 |
believe that the patient has symptoms or conditions that require | 3754 |
treatment or services beyond the scope of practice of a physical | 3755 |
therapist, the physical therapist shall refer the patient to a | 3756 |
licensed health care practitioner acting within the practitioner's | 3757 |
scope of practice. | 3758 |
(B) Nothing in sections 4755.40 to 4755.56 of the Revised | 3759 |
Code shall be construed to require reimbursement under any health | 3760 |
insuring corporation policy, contract, or agreement, any sickness | 3761 |
and accident insurance policy, the medical assistance program as | 3762 |
defined in section 5111.01 of the Revised Code, or the health | 3763 |
partnership program or qualified health plans established pursuant | 3764 |
to sections 4121.44 to | 3765 |
any physical therapy service rendered without the prescription of, | 3766 |
or the referral of the patient by, a licensed physician, | 3767 |
chiropractor, dentist, podiatrist, certified registered nurse | 3768 |
anesthetist, clinical nurse specialist, certified nurse-midwife, | 3769 |
or certified nurse practitioner. | 3770 |
(C) For purposes of this section, "business day" means any | 3771 |
calendar day that is not a Saturday, Sunday, or legal holiday. | 3772 |
"Legal holiday" has the same meaning as in section 1.14 of the | 3773 |
Revised Code. | 3774 |
Sec. 4981.03. (A) The Ohio rail development commission shall | 3775 |
do all of the following: | 3776 |
(1) Develop, promote, and support safe, adequate, and | 3777 |
efficient rail service throughout the state; | 3778 |
(2) Maintain adequate programs of investigation, research, | 3779 |
promotion, planning, and development for rail service, which | 3780 |
programs shall include the consideration of recommendations by | 3781 |
public or private planning organizations; | 3782 |
(3) Provide for the participation of private corporations or | 3783 |
organizations and the public in the development, construction, | 3784 |
operation, and maintenance of rail service, and as
franchisees | 3785 |
3786 |
(B) In regard to rail service, the Ohio rail development | 3787 |
commission is the successor of the Ohio high speed rail authority | 3788 |
and the division of rail transportation of the department of | 3789 |
transportation. The commission shall succeed to all federal | 3790 |
allotments, entitlements, subsidies, and grants now existing, | 3791 |
whether such allotments, entitlements, subsidies, and grants are | 3792 |
encumbered or unencumbered, in the same manner and with the same | 3793 |
authority as the Ohio high speed rail authority and the division | 3794 |
of rail
transportation exercised prior to
| 3795 |
20, 1994. | 3796 |
(C) Every authority, commission, department, or other agency | 3797 |
of this state shall provide the commission with data, plans, | 3798 |
research, and any other information that the commission requests | 3799 |
to assist it in performing its duties pursuant to this chapter. | 3800 |
(D) The commission may request and contract with any railroad | 3801 |
to provide it with data and information necessary to carry out the | 3802 |
purposes of this chapter. All railroads operating within this | 3803 |
state shall provide the requested data and information to the | 3804 |
commission. The commission shall not disclose any confidential | 3805 |
data or information supplied to it. | 3806 |
(E) The commission shall cooperate with the director of | 3807 |
development by exercising the commission's duty to promote and | 3808 |
develop rail service in this state in conjunction with the | 3809 |
director's exercise of his duty to promote the economic | 3810 |
development of this state. | 3811 |
(F) The commission, when developing rail service throughout | 3812 |
the state, may give priority to projects undertaken within the | 3813 |
geographic boundaries of qualifying subdivisions. | 3814 |
Sec. 5123.35. (A) There is hereby created the | 3815 |
3816 | |
council, which shall serve as an advocate for all persons with | 3817 |
developmental disabilities. The council shall act in accordance | 3818 |
with the "Developmental Disabilities Assistance and Bill of Rights | 3819 |
Act," 98 Stat. 2662 (1984), 42 U.S.C. 6001, as amended. The | 3820 |
governor shall appoint the members of the council in accordance | 3821 |
with 42 U.S.C. 6024. | 3822 |
(B) The | 3823 |
disabilities council shall develop the state plan required by | 3824 |
federal law as a condition of receiving federal assistance under | 3825 |
42 U.S.C. 6021 to 6030. The department of mental retardation and | 3826 |
developmental disabilities, as the state agency selected by the | 3827 |
governor for purposes of receiving the federal assistance, shall | 3828 |
receive, account for, and disburse funds based on the state plan | 3829 |
and shall provide assurances and other administrative support | 3830 |
services required as a condition of receiving the federal | 3831 |
assistance. | 3832 |
(C) The federal funds may be disbursed through grants to or | 3833 |
contracts with persons and government agencies for the provision | 3834 |
of necessary or useful goods and services for developmentally | 3835 |
disabled persons. The | 3836 |
developmental disabilities council may award the grants or enter | 3837 |
into the contracts. | 3838 |
(D) The | 3839 |
disabilities council may award grants to or enter into contracts | 3840 |
with a member of the council or an entity that the member | 3841 |
represents if all of the following apply: | 3842 |
(1) The member serves on the council as a representative of | 3843 |
one of the principal state agencies concerned with services for | 3844 |
persons with developmental disabilities as specified in 42 U.S.C. | 3845 |
6024(b)(3), a representative of a university affiliated program as | 3846 |
defined in 42 U.S.C. 6001(18), or a representative of the legal | 3847 |
rights service created under section 5123.60 of the
Revised Code | 3848 |
(2) The council determines that the member or the entity
| 3849 |
3850 | |
services
specified under the terms of the grant or contract | 3851 |
(3) The member has not taken part in any discussion or vote | 3852 |
of the council related to awarding the grant or entering into the | 3853 |
contract, including service as a member of a review panel | 3854 |
established by the council to award grants or enter into contracts | 3855 |
or to make recommendations with regard to awarding grants or | 3856 |
entering into contracts. | 3857 |
(E) A member of the | 3858 |
developmental disabilities council is not in violation of Chapter | 3859 |
102. or section 2921.42 of the Revised Code with regard to | 3860 |
receiving a grant or entering into a contract under this section | 3861 |
if the requirements of division (D) of this section have been met. | 3862 |
Sec. 5123.352. There is hereby created in the state treasury | 3863 |
the community mental retardation and developmental disabilities | 3864 |
trust fund. The director of mental retardation and developmental | 3865 |
disabilities, not later than sixty days after the end of each | 3866 |
fiscal year, shall certify to the director of budget and | 3867 |
management the amount of all the unexpended, unencumbered balances | 3868 |
of general revenue fund appropriations made to the department of | 3869 |
mental retardation and developmental disabilities for the fiscal | 3870 |
year, excluding appropriations for rental payments to the Ohio | 3871 |
public facilities commission, and the amount of any other funds | 3872 |
held by the department in excess of amounts necessary to meet the | 3873 |
department's operating costs and obligations pursuant to this | 3874 |
chapter and Chapter 5126. of the Revised Code. On receipt of the | 3875 |
certification, the director of budget and management shall | 3876 |
transfer cash to the trust fund in an amount up to, but not | 3877 |
exceeding, the total of the amounts certified by the director of | 3878 |
mental retardation and developmental disabilities, except in cases | 3879 |
in which the transfer will involve more than twenty million | 3880 |
dollars. In such cases, the director of budget and management | 3881 |
shall notify the controlling board and must receive the board's | 3882 |
approval of the transfer prior to making the transfer. | 3883 |
| 3884 |
accordance with section 5126.19 of the Revised Code. | 3885 |
Sec. 3358.10. Sections 3354.10, 3354.121, 3354.15, | 3886 |
3354.16 of the Revised Code apply to state community college | 3887 |
districts and their boards of trustees. | 3888 |
Section 2. That existing sections 101.23, 101.82, 101.83, | 3889 |
101.84, 101.85, 101.86, 122.011, 122.40, 123.151, 149.56, 307.674, | 3890 |
340.02, 1501.04, 1502.04, 1502.05, 1502.11, 1502.12, 1506.30, | 3891 |
1506.34, 1506.35, 1517.02, 1517.23, 1518.01, 1518.03, 1551.35, | 3892 |
2323.44, 3358.10, 3375.61, 3375.62, 3383.01, 3383.02, 3383.03, | 3893 |
3383.04, 3383.05, 3383.06, 3383.07, 3383.08, 3383.09, 3746.09, | 3894 |
3746.35, 3747.02, 3748.01, 3748.02, 3748.04, 3748.05, 3748.16, | 3895 |
3929.482, 3929.85, 3931.01, 3955.05, 3960.06, 4117.01, 4121.442, | 3896 |
4167.09, 4167.25, 4167.27, 4731.143, 4741.03, 4755.481, 4981.03, | 3897 |
5123.35, and 5123.352 of the Revised Code are hereby repealed. | 3898 |
Section 3. That Section 4 of Am. Sub. H.B. 516 of the 125th | 3899 |
General Assembly be amended to read as follows: | 3900 |
Sec. 4. The following agencies shall be retained pursuant to | 3901 |
division (D) of section 101.83 of the Revised Code and shall | 3902 |
expire on December 31, 2010: | 3903 |
REVISED CODE OR | 3904 | ||||
UNCODIFIED | 3905 | ||||
AGENCY NAME | SECTION | 3906 |
Administrator, Interstate Compact on Mental Health | 5119.50 | 3907 | ||
Administrator, Interstate Compact on | 5103.20 | 3908 | ||
Placement of Children | 3909 | |||
Advisory Board of Governor's Office of Faith-Based and Community Initiatives | 107.12 | 3910 | ||
Advisory Boards to the EPA for Air Pollution | 121.13 | 3911 | ||
Advisory Boards to the EPA for Water Pollution | 121.13 | 3912 | ||
Advisory Committee of the State Veterinary Medical Licensing Board | 4741.03(D)(3) | 3913 | ||
Advisory Committee on Livestock Exhibitions | 901.71 | 3914 | ||
Advisory Council on Amusement Ride Safety | 1711.51 | 3915 | ||
Advisory Board of Directors for Prison Labor | 5145.162 | 3916 | ||
Advisory Council for Each Wild, Scenic, or Recreational River Area | 1517.18 | 3917 | ||
Advisory Councils or Boards for State Departments | 107.18 or 121.13 | 3918 | ||
Advisory Group to the Ohio Water Resources Council | 1521.19(C) | 3919 | ||
Alzheimer's Disease Task Force | 173.04(F) | 3920 | ||
AMBER Alert Advisory Committee | 5502.521 | 3921 | ||
Apprenticeship Council | 4139.02 | 3922 | ||
Armory Board of Control | 5911.09 | 3923 | ||
Automated Title Processing Board | 4505.09(C)(1) | 3924 | ||
Banking Commission | 1123.01 | 3925 | ||
Board of Directors of the Ohio Health Reinsurance Program | 3924.08 | 3926 | ||
Board of Voting Machine Examiners | 3506.05(B) | 3927 | ||
3928 | ||||
Brain Injury Advisory Committee | 3304.231 | 3929 | ||
Capitol Square Review and Advisory Board | 105.41 | 3930 | ||
Child Support Guideline Advisory Council | 3119.024 | 3931 | ||
Children's Trust Fund Board | 3109.15 | 3932 | ||
Citizens Advisory Committee (BMV) | 4501.025 | 3933 | ||
Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities) | 5123.092 | 3934 | ||
Clean Ohio Trail Advisory Board | 1519.06 | 3935 | ||
Coastal Resources Advisory Council | 1506.12 | 3936 | ||
Commission on African-American Males | 4112.12 | 3937 | ||
Commission on Hispanic-Latino Affairs | 121.31 | 3938 | ||
Commission on Minority Health | 3701.78 | 3939 | ||
Committee on Prescriptive Governance | 4723.49 | 3940 | ||
Commodity Advisory Commission | 926.32 | 3941 | ||
Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council | 5123.353 | 3942 | ||
Community Oversight Council | 3311.77 | 3943 | ||
Compassionate Care Task Force | Section 3, H.B. 474, 124th GA | 3944 | ||
3945 | ||||
Continuing Education Committee (for Sheriffs) | 109.80 | 3946 | ||
3947 | ||||
Coordinating Committee, Agricultural Commodity Marketing Programs | 924.14 | 3948 | ||
Council on Alcohol and Drug Addiction Services | 3793.09 | 3949 | ||
Council on Unreclaimed Strip Mined Lands | 1513.29 | 3950 | ||
Council to Advise on the Establishment and Implementation of the Birth Defects Information System | 3705.34 | 3951 | ||
County Sheriffs' Standard Car-Marking and Uniform Commission | 311.25 | 3952 | ||
Credit Union Council | 1733.329 | 3953 | ||
Criminal Sentencing Advisory Committee | 181.22 | 3954 | ||
Day-Care Advisory Council | 5104.08 | 3955 | ||
Dentist Loan Repayment Advisory Board | 3702.92 | 3956 | ||
Development Financing Advisory Council | 122.40 | 3957 | ||
Education Commission of the States (Interstate Compact for Education) | 3301.48 | 3958 | ||
Electrical Safety Inspector Advisory Committee | 3783.08 | 3959 | ||
Emergency Response Commission | 3750.02 | 3960 | ||
Engineering Experiment Station Advisory Committee | 3335.27 | 3961 | ||
Environmental Education Council | 3745.21 | 3962 | ||
3963 | ||||
EPA Advisory Boards or Councils | 121.13 | 3964 | ||
Farmland Preservation Advisory Board | 901.23 | 3965 | ||
Financial Planning & Supervision Commission for Municipal Corporation, County, or Township | 118.05 | 3966 | ||
Financial Planning & Supervision Commission for School District | 3316.05 | 3967 | ||
Forestry Advisory Council | 1503.40 | 3968 | ||
Governance Authority for a State University or College | 3345.75 | 3969 | ||
Governor's Advisory Council on Physical Fitness, Wellness, & Sports | 3701.77 | 3970 | ||
Governor's Council on People with Disabilities | 3303.41 | 3971 | ||
Governor's Residence Advisory Commission | 107.40 | 3972 | ||
Great Lakes Commission (Great Lakes Basin Compact) | 6161.01 | 3973 | ||
Gubernatorial Transition Committee | 107.29 | 3974 | ||
Head Start Partnership Study Council | Section 41.35, H.B. 95, 125th GA | 3975 | ||
Hemophilia Advisory Subcommittee | 3701.0210 | 3976 | ||
Housing Trust Fund Advisory Committee | 175.25 | 3977 | ||
Industrial Commission Nominating Council | 4121.04 | 3978 | ||
Industrial Technology and Enterprise Advisory Council | 122.29 | 3979 | ||
Infant Hearing Screening Subcommittee | 3701.507 | 3980 | ||
Insurance Agent Education Advisory Council | 3905.483 | 3981 | ||
Interagency Council on Hispanic/Latino Affairs | 121.32(J) | 3982 | ||
Interstate Mining Commission (Interstate Mining Compact) | 1514.30 | 3983 | ||
Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact) | 4981.35 | 3984 | ||
Joint Council on MR/DD | 101.37 | 3985 | ||
Joint Select Committee on Volume Cap | 133.021 | 3986 | ||
Labor-Management Government Advisory Council | 4121.70 | 3987 | ||
Legal Rights Service Commission | 5123.60 | 3988 | ||
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research | 103.51 | 3989 | ||
Maternal and Child Health Council | 3701.025 | 3990 | ||
Medically Handicapped Children's Medical Advisory Council | 3701.025 | 3991 | ||
Midwest Interstate Passenger Rail Compact Commission (Ohio members) | 4981.361 | 3992 | ||
Military Activation Task Force | 5902.15 | 3993 | ||
Milk Sanitation Board | 917.03 | 3994 | ||
Mine Subsidence Insurance Governing Board | 3929.51 | 3995 | ||
Minority Development Financing Board | 122.72 | 3996 | ||
Multi-Agency Radio Communications Systems Steering Committee | Sec. 21, H.B. 790, 120th GA | 3997 | ||
Multidisciplinary Council | 3746.03 | 3998 | ||
Muskingum River Advisory Council | 1501.25 | 3999 | ||
National Museum of Afro-American History and Culture Planning Committee | 149.303 | 4000 | ||
Nursing Facility Reimbursement Study Council | 5111.34 | 4001 | ||
Ohio Advisory Council for the Aging | 173.03 | 4002 | ||
Ohio Aerospace & Defense Advisory Council | 122.98 | 4003 | ||
Ohio Arts Council | 3379.02 | 4004 | ||
Ohio Business Gateway Steering Committee | 5703.57 | 4005 | ||
Ohio Cemetery Dispute Resolution Commission | 4767.05 | 4006 | ||
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils | 4112.04(B) | 4007 | ||
Ohio Commercial Insurance Joint Underwriting Association Board Of Governors | 3930.03 | 4008 | ||
Ohio Commercial Market Assistance Plan Executive Committee | 3930.02 | 4009 | ||
Ohio Commission on Dispute Resolution and Conflict Management | 179.02 | 4010 | ||
Ohio Commission to Reform Medicaid | Section 59.29, H.B. 95, 125th GA | 4011 | ||
Ohio Community Service Council | 121.40 | 4012 | ||
Ohio Council for Interstate Adult Offender Supervision | 5149.22 | 4013 | ||
Ohio Cultural Facilities Commission | 3383.02 | 4014 | ||
Ohio Developmental Disabilities Council | 5123.35 | 4015 | ||
Ohio Educational Telecommunications Network Commission | 3353.02 | 4016 | ||
4017 | ||||
Ohio Expositions Commission | 991.02 | 4018 | ||
Ohio Family and Children First Cabinet Council | 121.37 | 4019 | ||
Ohio Geology Advisory Council | 1505.11 | 4020 | ||
Ohio Grape Industries Committee | 924.51 | 4021 | ||
Ohio Hepatitis C Advisory Commission | 3701.92 | 4022 | ||
Ohio Historic Site Preservation Advisory Board | 149.301 | 4023 | ||
Ohio Historical Society Board of Trustees | 149.30 | 4024 | ||
Ohio Judicial Conference | 105.91 | 4025 | ||
Ohio Lake Erie Commission | 1506.21 | 4026 | ||
Ohio Medical Malpractice Commission | Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA | 4027 | ||
Ohio Medical Quality Foundation | 3701.89 | 4028 | ||
Ohio Parks and Recreation Council | 1541.40 | 4029 | ||
Ohio Peace Officer Training Commission | 109.71 | 4030 | ||
Ohio Public Defender Commission | 120.01 | 4031 | ||
Ohio Public Library Information Network Board | Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA | 4032 | ||
4033 | ||||
Ohio Quarter Horse Development Commission | 3769.086 | 4034 | ||
Ohio SchoolNet Commission | 3301.80 | 4035 | ||
Ohio Small Government Capital Improvements Commission | 164.02 | 4036 | ||
Ohio Soil and Water Conservation Commission | 1515.02 | 4037 | ||
Ohio Standardbred Development Commission | 3769.085 | 4038 | ||
Ohio Steel Industry Advisory Council | 122.97 | 4039 | ||
Ohio Teacher Education and Licensure Advisory Council | 3319.28(D) | 4040 | ||
Ohio Thoroughbred Racing Advisory Committee | 3769.084 | 4041 | ||
Ohio Tuition Trust Authority | 3334.03 | 4042 | ||
Ohio University College of Osteopathic Medicine Advisory Committee | 3337.10 | 4043 | ||
Ohio Vendors Representative Committee | 3304.34 | 4044 | ||
Ohio War Orphans Scholarship Board | 5910.02 | 4045 | ||
Ohio Water Advisory Council | 1521.031 | 4046 | ||
Ohio Water Resources Council | 1521.19 | 4047 | ||
Ohioana Library Association, Martha Kinney Cooper Memorial | 3375.62 | 4048 | ||
Oil and Gas Commission | 1509.35 | 4049 | ||
Operating Committee, Agricultural Commodity Marketing Programs | 924.07 | 4050 | ||
Organized Crime Investigations Commission | 177.01 | 4051 | ||
4052 | ||||
Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services | 5111.81 | 4053 | ||
Physician Loan Repayment Advisory Board | 3702.81 | 4054 | ||
Power Siting Board | 4906.02 | 4055 | ||
Prequalification Review Board | 5525.07 | 4056 | ||
Private Water Systems Advisory Council | 3701.346 | 4057 | ||
Public Employment Risk Reduction Advisory Commission | 4167.02 | 4058 | ||
Public Health Council | 3701.33 | 4059 | ||
Public Utilities Commission Nominating Council | 4901.021 | 4060 | ||
Public Utility Property Tax Study Committee | 5727.85 | 4061 | ||
Radiation Advisory Council | 3748.20 | 4062 | ||
Reclamation Commission | 1513.05 | 4063 | ||
Recreation and Resources Commission | 1501.04 | 4064 | ||
Recycling and Litter Prevention Advisory Council | 1502.04 | 4065 | ||
Rehabilitation Services Commission Consumer Advisory Committee | 3304.24 | 4066 | ||
4067 | ||||
Savings & Loans Associations & Savings Banks Board | 1181.16 | 4068 | ||
Schools and Ministerial Lands Divestiture Committee | 501.041 | 4069 | ||
Second Chance Trust Fund Advisory Committee | 2108.17 | 4070 | ||
4071 | ||||
Services Committee of the Workers' Compensation System | 4121.06 | 4072 | ||
Small Business Stationary Source Technical and Environmental Compliance Assistance Council | 3704.19 | 4073 | ||
Solid Waste Management Advisory Council | 3734.51 | 4074 | ||
State Agency Coordinating Group | 1521.19 | 4075 | ||
4076 | ||||
State Board of Emergency Medical Services Subcommittees | 4765.04 | 4077 | ||
State Council of Uniform State Laws | 105.21 | 4078 | ||
State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities | 4115.32 | 4079 | ||
State Criminal Sentencing Commission | 181.21 | 4080 | ||
4081 | ||||
State Fire Commission | 3737.81 | 4082 | ||
State Racing Commission | 3769.02 | 4083 | ||
State Victims Assistance Advisory Committee | 109.91 | 4084 | ||
Student Tuition Recovery Authority | 3332.081 | 4085 | ||
Tax Credit Authority | 122.17 | 4086 | ||
Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office | 1551.35 | 4087 | ||
Technical Advisory Council on Oil and Gas | 1509.38 | 4088 | ||
Transportation Review Advisory Council | 5512.07 | 4089 | ||
Unemployment Compensation Review Commission | 4141.06 | 4090 | ||
Unemployment Compensation Advisory Council | 4141.08 | 4091 | ||
Utility Radiological Safety Board | 4937.02 | 4092 | ||
Vehicle Management Commission | 125.833 | 4093 | ||
Veterans Advisory Committee | 5902.02(K) | 4094 | ||
Volunteer Fire Fighters' Dependents Fund Boards (Private and Public) | 146.02 | 4095 | ||
Water and Sewer Commission | 1525.11(C) | 4096 | ||
Waterways Safety Council | 1547.73 | 4097 | ||
Wildlife Council | 1531.03 | 4098 | ||
Workers' Compensation System Oversight Commission | 4121.12 | 4099 | ||
Workers' Compensation Oversight Commission Nominating Committee | 4121.123 | 4100 |
Section 4. That existing Section 4 of Am. Sub. H.B. 516 of | 4101 |
the 125th General Assembly is hereby repealed. | 4102 |
Section 5. That Section 8 of Am. Sub. S.B. 80 of the 125th | 4103 |
General Assembly is hereby repealed. | 4104 |
Section 6. It is the intent of the General Assembly in | 4105 |
amending sections 101.23, 101.83, 101.84, 101.85, 101.86, 122.011, | 4106 |
122.40, 123.151, 149.56, 307.674, 340.02, 1501.04, 1502.04, | 4107 |
1502.05, 1502.11, 1502.12, 1506.30, 1506.34, 1506.35, 1517.02, | 4108 |
1517.23, 1518.01, 1518.03, 1551.35, 3358.10, 3375.61, 3375.62, | 4109 |
3383.01, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07, | 4110 |
3383.08, 3383.09, 3746.09, 3746.35, 3747.02, 3748.01, 3748.02, | 4111 |
3748.04, 3748.05, 3748.16, 3929.482, 3929.85, 3931.01, 3955.05, | 4112 |
3960.06, 4117.01, 4121.442, 4167.09, 4167.25, 4167.27, 4731.143, | 4113 |
4741.03, 4755.481, 4981.03, 5123.35, and 5123.352 of the Revised | 4114 |
Code in this act to confirm the amendments to those sections and | 4115 |
the resulting versions of those sections that took effect on | 4116 |
December 30, 2004, in accordance with Section 10 of Am. Sub. H.B. | 4117 |
516 of the 125th General Assembly. It also is the intent of the | 4118 |
General Assembly, in part, in amending Section 4 of Am. Sub. H.B. | 4119 |
516 of the 125th General Assembly in this act to confirm the text | 4120 |
of that uncodified section of law as it took effect on December | 4121 |
30, 2004, in accordance with Section 10 of Am. Sub. H.B. 516 of | 4122 |
the 125th General Assembly. This act does not affect, and shall | 4123 |
not be construed as affecting, the other amendments, enactments, | 4124 |
or repeals of codified or uncodified law made by Am. Sub. H.B. 516 | 4125 |
of the 125th General Assembly which took effect on December 30, | 4126 |
2004, in accordance with Section 10 of that legislation, all of | 4127 |
which it is the intent of the General Assembly to confirm in this | 4128 |
act, including, but not limited to, the following amendments, | 4129 |
enactments, or repeals pertaining to the implementation of the | 4130 |
report of the Sunset Review Committee and related purposes set | 4131 |
forth in Am. Sub. H.B. 516's title: the amendments to sections | 4132 |
122.133, 164.07, 1517.05, 2505.02, 3746.04, 3929.682, and 4582.12 | 4133 |
of the Revised Code, the repeals of sections 122.09, 125.24, | 4134 |
149.32, 149.321, 149.322, 1502.10, 1506.37, 1517.03, 1517.04, | 4135 |
3354.161, 3355.121, 3357.161, 3375.47, 3746.08, 3747.04, 3747.05, | 4136 |
3747.06, 3747.061, 3747.07, 3747.08, 3747.09, 3747.10, 3747.11, | 4137 |
3747.12, 3747.13, 3747.14, 3747.15, 3747.16, 3747.17, 3747.18, | 4138 |
3747.19, 3747.20, 3747.21, 3747.22, 3748.09, 3929.71, 3929.72, | 4139 |
3929.721, 3929.73, 3929.75, 3929.76, 3929.77, 3929.78, 3929.79, | 4140 |
3929.80, 3929.81, 3929.82, 3929.83, 3929.84, 4121.443, 4167.26, | 4141 |
5101.93, 5119.81, 5119.82, and 5123.353 of the Revised Code, the | 4142 |
enactments of uncodified law in its Sections 3, 6, 9, 10, 11, and | 4143 |
12, and the repeals of Section 6 of Am. Sub. S.B. 163 of the 124th | 4144 |
General Assembly, Section 6 of Sub. S.B. 27 of the 124th General | 4145 |
Assembly, Section 10 of Sub. H.B. 548 of the 123rd General | 4146 |
Assembly, Section 3 of Am. H.B. 280 of the 121st General Assembly, | 4147 |
Section 27 of Sub. H.B. 670 of the 121st General Assembly, Section | 4148 |
3 of Am. S.B. 208 of the 120th General Assembly, and Section 3 of | 4149 |
Sub. H.B. 508 of the 119th General Assembly. The General Assembly, | 4150 |
thus, further declares this section and the related provisions of | 4151 |
Sections 1 and 3 of this act to be remedial legislation solely | 4152 |
intended to confirm the operation on and after December 30, 2004, | 4153 |
of the amendments, enactments, and repeals of codified and | 4154 |
uncodified law made by Am. Sub. H.B. 516 of the 125th General | 4155 |
Assembly. | 4156 |
Section 7. This act is hereby declared to be an emergency | 4157 |
measure necessary for the immediate preservation of the public | 4158 |
peace, health, and safety. The reason for the necessity is that a | 4159 |
plethora of state governmental entities require confirmation that | 4160 |
the changes made by Am. Sub. H.B. 516 of the 125th General | 4161 |
Assembly pertaining to their continued existence under the sunset | 4162 |
review law took effect on December 30, 2004. Therefore, this act | 4163 |
shall go into immediate effect. | 4164 |