As Reported by the Senate State and Local Government and Veterans Affairs Committee

126th General Assembly Regular Session 2005-2006

Am. S. B. No. 124

Senator Spada 

---

A BILL

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

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

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;; the president and president pro tempore of the	35
senate;; the speaker and speaker pro tempore of the house of	36
representatives;; the clerk of the senate, the chief	37
administrative officer and the clerk of the house of	38
representatives, and their assistants;; and the sergeant at arms	39
and assistant sergeant at arms of each house may be administered	40
by a member, by a former presiding officer of either house of the	41
general assembly, by a former presiding officer of either house of	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, 2005	103
2005, shall expire on December 31, 20102010, unless the agency is	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
20052005, that is created on the thirty-first day of December	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, 20052005, that is	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 and function in calendar	149
years 2009 and 2010and function in calendar years 2009 and 2010.	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 the	160
128ththe 128th general assembly.	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 duringduring that committee member's	164
term of officeterm of office or until that committee member no	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 in 2010in 2010. A vacancy on the	169
committee shall be filled in the same manner as the original	170
appointment.	171

In the first regular session of the 128ththe 128th general	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 128th128th general assembly, the chairperson of	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 128th128th	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 20092009, shall schedule	192
for review each agency in existence on January 1, 20092009. The	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 2009 and	200
calendar year 20102009 and calendar year 2010 to each of the	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, 20092009, to assist the committee in identifying	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 sixsix months prior to the	212
date on which an agency in existence on January 1, 20092009, is	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
governinggoverning entity and their compensation, if any.	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

(11)(11) Until October 15, 2005, establish fees and charges,	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

(12)(12) Provide loan servicing for the loans purchased and	333
loan guarantees provided under section 901.80 of the Revised Code	334
as that section existed prior to October 15, 2005;	335

(13)(13) Until October 15, 2005, and upon approval by the	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,, with the advice and consent of the senate, who are,	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, and the director of development or the director's	359
designee, and the director of development or the director's	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 fivefive years commencing on the first	368
day of January and ending on the thirty-first day of December. The	369
seven members appointed by the governor who are serving terms of	370
office of seven years on the effective date of this amendment	371
shall continue to serve those terms, but their successors in	372
office, including the filling of a vacancy occurring prior to the	373
expiration of those terms, shall be appointed for terms of five	374
years in accordance with this division.The seven members	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) Except as otherwise provided in division (B)(3) of this	386
section, anyExcept as otherwise provided in division (B)(3) of	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) FourFour members of the council constitute a quorum.

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 of	414
the senateof the senate or the speaker of the house.	415

Sec. 123.151.  (A) As used in this section, "minority	416
business enterprise" has the samesame meaning asas in division	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

IfIf, after the expiration of this thirty-day period, a	450
statea state agency has not complied with the reporting	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 1506.361506.36	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 1506.361506.36 of the Revised Code.	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 culturalcultural facilities	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,, there shall be appointed a board of alcohol, drug	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,, the county	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,, and at least one shall be a parent or	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 of initial appointments shall beof initial appointments	808
shall be for terms of three years, and one-third of initial	809
appointments shall beof initial appointments shall be for terms	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 thatthat notice.	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 chairpersonchairperson of 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 do any of the followingdo any of the following:	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 in itin it.	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

(B)(B) In conjunction with the chief and with the approval of	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

(C)(C) Advise the chief in carrying out the chief's duties	997
under this chapter.	998

Sec. 1502.05.  (A) The chief of recycling and litter	999
prevention, pursuant to division (A)(A) of section 1502.04 of the	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 (A)(A) of section 1502.04 of the	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 (A)(A) of	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) The chief of recycling and litter	1072
preventionThe chief of recycling and litter prevention shall	1073
prepare, with the assistance of the recycling and litter	1074
prevention advisory council, and the director of natural resources	1075
the director of natural resources shall approve, a revised Ohio	1076
recycling market developmentOhio recycling market development	1077
plan not later than the thirty-first day of December every two	1078
years. TheThe plan shall do all of the following:	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

(C)(C) Each state agency that is designated under the plan to	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

(D)(D) A copy of each plan prepared under this section shall	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
(A)(A) of section 1502.04 of the Revised Code.	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 1506.361506.36	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 artificial	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 1506.361506.36 of the Revised	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 the former	1185
director'sthe former director's written approval or disapproval	1186
of the proposed rule. If the director of the Ohio historical	1187
societythe director of the Ohio historical society disapproves	1188
the rule, the directorthe director shall explain the reasons for	1189
thethe disapproval and any amendments to the rule the director	1190
the director considers necessary to obtain the director'sthe	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 the	1196
directorthe director.	1197

(B) The director of natural resources shall inform the public	1198
of the requirements of sections 1506.30 to 1506.361506.36 of the	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 of these personsof these persons for	1207
the purposes of implementing and administering sections 1506.30 to	1208
1506.361506.36 of the Revised Code and any rules adopted under	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 1506.361506.36	1215
of the Revised Code, any rules adopted under those sections, or	1216
any provision or condition of the holder'sthe holder's permit;	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 1506.361506.36 of the Revised Code.	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 1506.361506.36 of the Revised Code, any rules	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 1506.361506.36 of the Revised	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 1506.361506.36 of	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 the chief	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 do the followingdo the following:

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

(H)(H) Conduct and grant permits to qualified persons for the	1329
conduct of scientific research and investigations within nature	1330
preserves;	1331

(I)(I) Establish an appropriate system for marking nature	1332
preserves;	1333

(J)(J) Publish and submit to the governor and the general	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. TheThe chief of the division of natural areas	1338
and preserves shall do both of the followingdo both of the	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. TheThe chief of natural areas and preserves	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 this state	1352
thatthis state that are in danger of extirpation or are	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 the chief	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
thatthat are listed on the "United States list of endangered and	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 thatthat may become threatened in the future	1366
through habitat loss, commercial exploitation, or other means.	1367

Sec. 1518.03. TheThe chief of natural areas and preserves	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 of themof them, that are listed as endangered or	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 of itof it, for commercial purposes,	1376
from any wood lot, field, or forest, or from any other location in	1377
which thatthat plant is found growing in its native habitat. This	1378
section does not prevent any nurserypersonnurseryperson or dealer	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 of themof them when	1382
thosethose plants have been commercially grown by a licensed	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 of the United Statesof the United States.	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
andand the director of development shall serve on the committee	1415
as ex officioex officio members. Any member of the committee may	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 thethe proposals or	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
thosethose materials or data for any purpose, to the extent that	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
sevennine nonvoting members. To be eligible for appointment as a	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 sixeight members. The	1465
chairmanchairperson of the senate committee to which bills	1466
pertaining to insurance are referred shall be a member of the	1467
commission. The chairmanchairperson of the house committee to	1468
which bills pertaining to insurance are referred shall be a member	1469
of the commission. The chairmanchairperson and the ranking	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 chairmanchairperson and the ranking minority	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 sixeight members jointly appointed by the president of the	1476
senate and the speaker of the house of representative, one shall	1477
represent a health insuring company doing business in the state of	1478
Ohio, one shall represent a public employees union in Ohiothe	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 Ohiothe state, one shall represent the Ohio state bar	1482
association, and one shall represent a sickness and accident	1483
insurer doing business in Ohiothe state, and all shall have	1484
expertise in insurance law, including subrogation rights; and two	1485
shall represent employers whose primary place of business is	1486
located in this state, one of which shall represent a small	1487
employer. A member of the Ohio judicial conference who is an	1488
elected or appointed judge shall be a member of the commission.	1489

(2) As used in this division, "small employer" means an	1490
employer who employs not more than one hundred persons on a	1491
full-time permanent basis, or, if the employer is classified as	1492
being in the manufacturing sector by the North American industrial	1493
classification system, an employer who employs not more than five	1494
hundred persons on a full-time permanent basis.	1495

(B) The commission shall do all of the following:

1496

(1) Investigate the problems posed by, and the issues	1497
surrounding, the N. Buckeye Educ. Council Group Health Benefits	1498
Plan v. Lawson (2004), 103 Ohio St. 3d 188 decision regarding	1499
subrogation;	1500

(2) Prepare a report of recommended legislative solutions to	1501
the court decision referred to in division (B)(1) of this section;	1502

(3) Submit a report of its findings to the members of the	1503
general assembly not later then September 1, 2005than one year	1504
from the effective date of this amendment.	1505

(C) Any vacancy in the membership of the commission shall be	1506
filled in the same manner in which the original appointment was	1507
made.	1508

(D) The chairpersons of the house and senate committees to	1509
which bills pertaining to insurance are referred shall jointly	1510
call the first meeting of the commission not later than May 1,	1511
2005thirty days after the effective date of this amendment. The	1512
first meeting shall be organizational, and the voting members of	1513
the commission shall determine the chairperson from among	1514
commissionthe commission's voting members by a majority vote.	1515

(E) The legislative service commission shall provide any	1516
technical, professional, and clerical employees that are necessary	1517
for the commission to perform its duties.	1518

(F) All meetings of the commission are public meetings and	1519
shall be open to the public at all times. A member of the	1520
commission must be present in person at a meeting that is open to	1521
the public in order to be considered present or to vote at the	1522
meeting and for the purposes of determining whether a quorum is	1523
present. The commission shall promptly prepare and maintain the	1524
minutes of its meetings, and the minutes shall be public records	1525
under section 149.43 of the Revised Code. The commission shall	1526
give reasonable notice of its meetings so that any person may	1527
determine the time and place of all scheduled meetings. The	1528
commission shall not hold a meeting unless it gives at least	1529
twenty-four hours advance notice to the news media organizations	1530
that have requested notification of its meetings.	1531

Sec. 3358.10.  Sections 3354.10, 3354.121, 3354.15, andand	1532
3354.16 of the Revised Code apply to state community college	1533
districts and their boards of trustees.	1534

Sec. 3375.61.  In recognition of the work the Ohioana Library	1535
Association, Martha Kinney Cooper Memorial,Martha Kinney Cooper	1536
Memorial, a corporation organized not for profit under the laws of	1537
this state, has done and is doing to collect, promote, publicize,	1538
and make available to the public the cultural, literary,	1539
scientific, social, and economic achievements of Ohioans, the	1540
state may grant financial aid to thatthat corporation in order	1541
that the purposes for which it was instituted may be fostered and	1542
its services to the public improved and expanded.	1543

Sec. 3375.62.  The governor shall appoint four members of the	1544
board of trustees of the Ohioana Library Association, Martha	1545
Kinney Cooper Memorial, Martha Kinney Cooper Memorial. Terms of	1546
office shall be for four years, commencing on the sixteenth day of	1547
September and ending on the fifteenth day of September. Each	1548
member shall hold office from the date of appointment until the	1549
end of the term for which appointed. Any member appointed to fill	1550
a vacancy occurring prior to the expiration of the term for which	1551
the member'sthe member's predecessor was appointed shall hold	1552
office for the remainder of thatthat term. Any member shall	1553
continue in office subsequent to the expiration date of the	1554
member'sthe member's term until the member'sthe member's	1555
successor takes office, or until a period of sixty days has	1556
elapsed, whichever occurs first. The gubernatorialThe	1557
gubernatorial appointees shall serve as members of the board of	1558
trustees in addition to the regular constituted board of trustees	1559
of the corporation.	1560

Sec. 3383.01.  As used in this chapter:

1561

(A) "CultureCulture" means any of the following:

1562

(1) Visual, musical, dramatic, graphic, design, and other	1563
arts, including, but not limited to, architecture, dance,	1564
literature, motion pictures, music, painting, photography,	1565
sculpture, and theater, and the provision of training or education	1566
in these arts;	1567

(2) The presentation or making available, in museums or other	1568
indoor or outdoor facilities, of principles of science and their	1569
development, use, or application in business, industry, or	1570
commerce or of the history, heritage, development, presentation,	1571
and uses of the arts described in division (A)(1) of this section	1572
and of transportation;	1573

(3) The preservation, presentation, or making available of	1574
features of archaeological, architectural, environmental, or	1575
historical interest or significance in a state historical facility	1576
or a local historical facility.	1577

(B) "CulturalCultural organization" means either of the	1578
following:	1579

(1) A governmental agency or Ohio nonprofit corporation that	1580
provides programs or activities in areas directly concerned with	1581
cultureculture;	1582

(2) A regional arts and cultural district as defined in	1583
section 3381.01 of the Revised Code.	1584

(C) "CulturalCultural project" means all or any portion of	1585
an Ohio culturalcultural facility for which the general assembly	1586
has specifically authorized the spending of money, or made an	1587
appropriation, pursuant to division (D)(3) or (E) of section	1588
3383.07 of the Revised Code.	1589

(D) "Cooperative contract" means a contract between the Ohio	1590
culturalcultural facilities commission and a culturala cultural	1591
organization providing the terms and conditions of the cooperative	1592
use of an Ohio culturalcultural facility.	1593

(E) "Costs of operation" means amounts required to manage an	1594
Ohio culturalcultural facility that are incurred following the	1595
completion of construction of its culturalcultural project,	1596
provided that both of the following apply:	1597

(1) Those amounts either:

1598

(a) Have been committed to a fund dedicated to that purpose;

1599

(b) Equal the principal of any endowment fund, the income	1600
from which is dedicated to that purpose.	1601

(2) The commission and the culturalcultural organization	1602
have executed an agreement with respect to either of those funds.	1603

(F) "General building services" means general building	1604
services for an Ohio culturalcultural facility or an Ohio sports	1605
facility, including, but not limited to, general custodial care,	1606
security, maintenance, repair, painting, decoration, cleaning,	1607
utilities, fire safety, grounds and site maintenance and upkeep,	1608
and plumbing.	1609

(G) "Governmental agency" means a state agency, a	1610
state-supported or state-assisted institution of higher education,	1611
a municipal corporation, county, township, or school district, a	1612
port authority created under Chapter 4582. of the Revised Code,	1613
any other political subdivision or special district in this state	1614
established by or pursuant to law, or any combination of these	1615
entities; except where otherwise indicated, the United States or	1616
any department, division, or agency of the United States, or any	1617
agency, commission, or authority established pursuant to an	1618
interstate compact or agreement.	1619

(H) "Local contributions" means the value of an asset	1620
provided by or on behalf of a culturala cultural organization	1621
from sources other than the state, the value and nature of which	1622
shall be approved by the Ohio culturalcultural facilities	1623
commission, in its sole discretion. "Local contributions" may	1624
include the value of the site where a culturala cultural project	1625
is to be constructed. All "local contributions," except a	1626
contribution attributable to such a site, shall be for the costs	1627
of construction of a culturala cultural project or the creation	1628
or expansion of an endowment for thecreation or expansion of an	1629
endowment for the costs of operation of a culturala cultural	1630
facility.	1631

(I) "Local historical facility" means a site or facility,	1632
other than a state historical facility, of archaeological,	1633
architectural, environmental, or historical interest or	1634
significance, or a facility, including a storage facility,	1635
appurtenant to the operations of such a site or facility, that is	1636
owned by a culturala cultural organization, provided the facility	1637
meets the requirements of division (K)(2)(b) of this section, is	1638
managed by or pursuant to a contract with the Ohio cultural	1639
cultural facilities commission, and is used for or in connection	1640
with the activities of the commission, including the presentation	1641
or making available of cultureculture to the public.	1642

(J) "Manage," "operate," or "management" means the provision	1643
of, or the exercise of control over the provision of, activities:	1644

(1) Relating to cultureculture for an Ohio culturalcultural	1645
facility, including as applicable, but not limited to, providing	1646
for displays, exhibitions, specimens, and models; booking of	1647
artists, performances, or presentations; scheduling; and hiring or	1648
contracting for directors, curators, technical and scientific	1649
staff, ushers, stage managers, and others directly related to the	1650
culturalcultural activities in the facility; but not including	1651
general building services;	1652

(2) Relating to sports and athletic events for an Ohio sports	1653
facility, including as applicable, but not limited to, providing	1654
for booking of athletes, teams, and events; scheduling; and hiring	1655
or contracting for staff, ushers, managers, and others directly	1656
related to the sports and athletic events in the facility; but not	1657
including general building services.	1658

(K) "Ohio culturalcultural facility" means any of the	1659
following:	1660

(1) The theaters located in the state office tower at 77	1661
South High street in Columbus;	1662

(2) Any capital facility in this state to which both of the	1663
following apply:	1664

(a) The construction of a culturala cultural project related	1665
to the facility was authorized or funded by the general assembly	1666
pursuant to division (D)(3) of section 3383.07 of the Revised Code	1667
and proceeds of state bonds are used for costs of the cultural	1668
cultural project.	1669

(b) The facility is managed directly by, or is subject to a	1670
cooperative or management contract with, the Ohio cultural	1671
cultural facilities commission, and is used for or in connection	1672
with the activities of the commission, including the presentation	1673
or making available of cultureculture to the public and the	1674
provision of training or education in cultureculture.	1675

(3) A state historical facility or a local historical	1676
facility.	1677

(L) "State agency" means the state or any of its branches,	1678
officers, boards, commissions, authorities, departments,	1679
divisions, or other units or agencies.	1680

(M) "Construction" includes acquisition, including	1681
acquisition by lease-purchase, demolition, reconstruction,	1682
alteration, renovation, remodeling, enlargement, improvement, site	1683
improvements, and related equipping and furnishing.	1684

(N) "State historical facility" means a site or facility of	1685
archaeological, architectural, environmental, or historical	1686
interest or significance, or a facility, including a storage	1687
facility, appurtenant to the operations of such a site or	1688
facility, that is owned by or is located on real property owned by	1689
the state or by a culturala cultural organization, so long as the	1690
real property of the culturalcultural organization is contiguous	1691
to state-owned real property that is in the care, custody, and	1692
control of a culturala cultural organization, and that is managed	1693
directly by or is subject to a cooperative or management contract	1694
with the Ohio culturalcultural facilities commission and is used	1695
for or in connection with the activities of the commission,	1696
including the presentation or making available of cultureculture	1697
to the public.	1698

(O) "Ohio sports facility" means all or a portion of a	1699
stadium, arena, motorsports complex, or other capital facility in	1700
this state, a primary purpose of which is to provide a site or	1701
venue for the presentation to the public of either motorsports	1702
events or events of one or more major or minor league professional	1703
athletic or sports teams that are associated with the state or	1704
with a city or region of the state, which facility is, in the case	1705
of a motorsports complex, owned by the state or governmental	1706
agency, or in all other instances, is owned by or is located on	1707
real property owned by the state or a governmental agency, and	1708
including all parking facilities, walkways, and other auxiliary	1709
facilities, equipment, furnishings, and real and personal property	1710
and interests and rights therein, that may be appropriate for or	1711
used for or in connection with the facility or its operation, for	1712
capital costs of which state funds are spent pursuant to this	1713
chapter. A facility constructed as an Ohio sports facility may be	1714
both an Ohio culturalcultural facility and an Ohio sports	1715
facility.	1716

(P) "Motorsports" means sporting events in which motor	1717
vehicles are driven on a clearly demarcated tracked surface.	1718

Sec. 3383.02.  (A) There is hereby created the Ohio cultural	1719
cultural facilities commission. The commission shall engage in and	1720
provide for the development, performance, and presentation or	1721
making available of cultureculture and professional sports and	1722
athletics to the public in this state, and the provision of	1723
training or education in cultureculture, by the exercise of its	1724
powers under this chapter, including the provision, operation,	1725
management, and cooperative use of Ohio culturalcultural	1726
facilities and Ohio sports facilities. The commission is a body	1727
corporate and politic, an agency of state government and an	1728
instrumentality of the state, performing essential governmental	1729
functions of this state. The carrying out of the purposes and the	1730
exercise by the commission of its powers conferred by this chapter	1731
are essential public functions and public purposes of the state	1732
and of state government. The commission may, in its own name, sue	1733
and be sued, enter into contracts, and perform all the powers and	1734
duties given to it by this chapter; however, it does not have and	1735
shall not exercise the power of eminent domain.	1736

(B) The commission shall consist of ten members, seven of	1737
whom shall be voting members and three of whom shall be nonvoting	1738
members. The seven voting members shall be appointed by the	1739
governor, with the advice and consent of the senate, from	1740
different geographical regions of the state. In addition, one of	1741
the voting members shall represent the state architect. Not more	1742
than four of the members appointed by the governor shall be	1743
affiliated with the same political party. The nonvoting members	1744
shall be the staff director of the Ohio arts council, a member of	1745
the senate appointed by the president of the senate, and a member	1746
of the house of representatives appointed by the speaker of the	1747
house.	1748

(C) Of the five initial appointments made by the governor,	1749
one shall be for a term expiring December 31, 1989, two shall be	1750
for terms expiring December 31, 1990, and two shall be for terms	1751
expiring December 31, 1991. Of the initial appointments of the	1752
sixth and seventh voting members mademade by the governor, one	1753
shall be for a term expiring December 31, 2003, and one shall be	1754
for a term expiring December 31, 2004. Thereafter, each such term	1755
shall be for three years, commencing on the first day of January	1756
and ending on the thirty-first day of December. Each appointment	1757
by the president of the senate and by the speaker of the house of	1758
representatives shall be for the balance of the then legislative	1759
biennium. Each member shall hold office from the date of the	1760
member's appointment until the end of the term for which the	1761
member was appointed. Any member appointed to fill a vacancy	1762
occurring prior to the expiration of the term for which the	1763
member's predecessor was appointed shall hold office for the	1764
remainder of such term. Any member shall continue in office	1765
subsequent to the expiration date of the member's term until the	1766
member's successor takes office, or until a period of sixty days	1767
has elapsed, whichever occurs first.	1768

(D) Members of the commission shall serve without	1769
compensation.	1770

(E) Organizational meetings of the commission shall be held	1771
at the first meeting of each calendar year. At each organizational	1772
meeting, the commission shall elect from among its voting members	1773
a chairperson, a vice-chairperson, and a secretary-treasurer, who	1774
shall serve until the next annual meeting. The commission shall	1775
adopt rules pursuant to section 111.15 of the Revised Code for the	1776
conduct of its internal business and shall keep a journal of its	1777
proceedings.	1778

(F) Four voting members of the commission constitute a	1779
quorum, and the affirmative vote of four members is necessary for	1780
approval of any action taken by the commission. A vacancy in the	1781
membership of the commission does not impair a quorum from	1782
exercising all the rights and performing all the duties of the	1783
commission. Meetings of the commission may be held anywhere in the	1784
state, and shall be held in compliance with section 121.22 of the	1785
Revised Code.	1786

(G) All expenses incurred in carrying out this chapter are	1787
payable solely from money accrued under this chapter or	1788
appropriated for these purposes by the general assembly, and the	1789
commission shall incur no liability or obligation beyond such	1790
money.	1791

(H) The commission shall file an annual report of its	1792
activities and finances with the governor, director of budget and	1793
management, speaker of the house of representatives, president of	1794
the senate, and chairpersons of the house and senate finance	1795
committees.	1796

(I) There is hereby established in the state treasury the	1797
Ohio culturalcultural facilities commission administration fund.	1798
All revenues of the commission shall be credited to that fund and	1799
to any accounts created in the fund with the commission's	1800
approval. All expenses of the commission, including reimbursement	1801
of, or payment to, any other fund or any governmental agency for	1802
advances made or services rendered to or on behalf of the	1803
commission, shall be paid from the Ohio culturalcultural	1804
facilities commission administration fund as determined by or	1805
pursuant to directions of the commission. All investment earnings	1806
of the administration fund shall be credited to the fund and shall	1807
be allocated among any accounts created in the fund in the manner	1808
determined by the commission.	1809

(J) Title to all real property and lesser interests in real	1810
property acquired by the commission, including leasehold and other	1811
interests, pursuant to this chapter shall be taken in the name of	1812
the state and shall be held for the use and benefit of the	1813
commission. The commission shall not mortgage such real property	1814
and interests in real property. Title to other property and	1815
interests in it acquired by the commission pursuant to this	1816
chapter shall be taken in its name.	1817

Sec. 3383.03.  The Ohio culturalcultural facilities	1818
commission shall do the following:	1819

(A) From time to time, determine the need for cultural	1820
cultural projects, Ohio culturalcultural facilities, and Ohio	1821
sports facilities, andand report to the governor and the general	1822
assembly on the need for any additional culturalcultural	1823
projects, Ohio culturalcultural facilities, and Ohio sports	1824
facilities. This division does not apply to state historical	1825
facilities.	1826

(B) Have jurisdiction, control, and possession of, and	1827
supervision over the use and disposition of, all property, rights,	1828
licenses, money, contracts, accounts, liens, books, records, and	1829
other property rights and interests conveyed, delivered,	1830
transferred, or assigned to it;	1831

(C) Use, and provide for the use of, Ohio culturalcultural	1832
facilities and Ohio sports facilities for the commission's	1833
purposes and functions, and conduct reviews necessary to ensure	1834
that uses of those facilities are consistent with statewide	1835
interests and the commission's purposes, including the	1836
presentation or making available of cultureculture and	1837
professional athletics and sports to the public in this state and	1838
the provision of training or education in cultureculture;	1839

(D) Hold a meeting, including the organizational meeting	1840
required by division (E) of section 3383.02 of the Revised Code,	1841
at least quarterly to conduct its business;	1842

(E) Cooperate with any governmental agency or cultural	1843
cultural organization that provides services in, to, or for an	1844
Ohio culturalcultural facility, and cooperate with any	1845
governmental agency or nonprofit corporation for the provision or	1846
operation of any Ohio sports facilities.	1847

Sec. 3383.04.  The Ohio culturalcultural facilities	1848
commission may do the followingdo the following:	1849

(A) Employ and fix the compensation of an executive director	1850
and such other employees as will facilitate the activities and	1851
purposes of the commission. Any executive director shall serve at	1852
the pleasure of the commission and may serve part-time. Other	1853
employees shall be employed by and serve at the pleasure of the	1854
commission or the executive director, as determined by the	1855
commission.	1856

(B) Adopt, amend, and rescind, pursuant to section 111.15 of	1857
the Revised Code, rules for the management and operation of Ohio	1858
culturalcultural facilities and Ohio sports facilities and for	1859
the exercise of all of the commission's rights with respect to	1860
those facilities;	1861

(C) Own, construct or provide for the construction of, lease,	1862
equip, furnish, administer, and manage or provide for the	1863
operation and management of, and cooperate in the use of, Ohio	1864
culturalcultural facilities and Ohio sports facilities;	1865

(D) Dispose of, whether by sale, lease, lease-purchase,	1866
sublease, re-lease, or otherwise, real and personal property, and	1867
lesser interests in it, held or owned by the state for the use and	1868
benefit of the commission or held or owned by the commission, if	1869
not needed for the commission's purposes, upon such terms as the	1870
commission determines, subject to approval by the governor in the	1871
case of real property and interests in it;	1872

(E) Grant such easements and other interests in real or	1873
personal property of the commission as will not interfere with the	1874
use of the property as an Ohio culturalcultural facility or an	1875
Ohio sports facility;	1876

(F) Fix, alter, and collect rentals and other charges for the	1877
use or availability for use of Ohio culturalcultural facilities	1878
or an Ohio sports facility, as determined solely by the	1879
commission, for the purpose of providing for all or a portion of	1880
the costs and expenses of the commission, and the costs to be paid	1881
by the commission of leasing, constructing, equipping, repairing,	1882
maintaining, administering, managing, and cooperating in the use	1883
of Ohio culturalcultural facilities, including rentals to be paid	1884
by the commission for any Ohio culturalcultural facilities or for	1885
any Ohio sports facility;	1886

(G) Lease, sublease, cooperate in the use of, or otherwise	1887
make available to a culturalcultural organization, Ohio cultural	1888
cultural facilities, and to any governmental agency or nonprofit	1889
corporation, Ohio sports facilities, including real and personal	1890
property, or any interests in it, to carry out the purposes of	1891
this chapter;	1892

(H) Contract with, retain the services of, or designate, and	1893
fix the compensation of, agents, accountants, attorneys,	1894
consultants, advisers, and other independent contractors necessary	1895
or desirable to carry out the purposes of this chapter;	1896

(I) Procure insurance against loss to the commission by	1897
reason of damages to or nonusability of its property resulting	1898
from fire, theft, accident, or other casualties, or by reason of	1899
its liability for any damages to persons or property, including,,	1900
but not limited to, general liability insurance, business	1901
interruption insurance, liability insurance for members, officers,	1902
and employees, and copyright liability insurance;	1903

(J) Receive and accept gifts, grants, devises, bequests,	1904
loans, and any other financial or other form of aid or assistance	1905
from any governmental agency or other person and enter into any	1906
contract or agreement with any such agency or other person in	1907
connection therewith, and receive and accept aid or contributions	1908
from any other source of money, real or personal property, labor,	1909
or other things of value, to be held, used, and applied only for	1910
the purposes for which the aid and contributions are made and	1911
according to their terms and conditions, all within the purposes	1912
of this chapter;	1913

(K) Make and enter into all contracts, commitments, and	1914
agreements, and execute all instruments, necessary or incidental	1915
to the performance of its duties and the execution of its rights	1916
and powers under this chapter;	1917

(L) Do anything necessary or appropriate to carry out the	1918
purposes of and exercise the powers granted in this chapter;	1919

(M) Contract with any governmental agency or nonprofit	1920
corporation to provide or cause to be provided services, including	1921
general building services, in, to, or for an Ohio cultural	1922
cultural facility or any Ohio sports facility, or with a cultural	1923
a cultural organization for the management of an Ohio cultural	1924
cultural facility, or with a governmental agency or nonprofit	1925
corporation for the management of an Ohio sports facility, all in	1926
furtherance of the state function, and make contracts pursuant to	1927
divisions (A) and (B) of section 3383.07 of the Revised Code,	1928
except that nothing in this chapter limits the exercise of the	1929
care, custody, control, and management of those state historical	1930
facilities specified in section 149.30 of the Revised Code.	1931

Sec. 3383.05.  (A) Upon the request of the Ohio cultural	1932
cultural facilities commission, any governmental agency may lease,	1933
sublease, grant by lease-purchase or otherwise, convey, or grant	1934
the right to use, to the commission or to a state agency	1935
designated by the commission, any real or personal property or	1936
interests in property, including improvements to it and public	1937
roads, owned or controlled by the governmental agency, which are	1938
necessary or convenient to an Ohio culturalcultural facility or	1939
an Ohio sports facility, upon such terms and conditions as they	1940
agree upon. The lease, sublease, grant, conveyance, or grant of	1941
use may be made without the necessity for advertisement, auction,	1942
competitive bidding, court order, or other action or formality	1943
otherwise required by law, except that the consent of the	1944
governing body of the governmental agency shall be obtained, or,	1945
if title to the property is in the state, the consent of the	1946
governor shall be obtained. Any governmental agency may enter into	1947
agreements with the Ohio culturalcultural facilities commission	1948
for furnishing any supplies, equipment, or services to the	1949
commission pursuant to such terms and for such compensation as	1950
agreed upon by the governmental agency and the commission.	1951

(B) Leases, contracts, agreements, or conveyances entered	1952
into pursuant to this section are not public contracts for	1953
purposes of section 2921.42 of the Revised Code.	1954

Sec. 3383.06.  All property purchased, acquired, constructed,	1955
owned, leased, or subleased by the Ohio culturalcultural	1956
facilities commission for the exercise of its powers and duties is	1957
public property used exclusively for a public purpose, and this	1958
property and the income derived by the commission from it are	1959
exempt, except as may otherwise be provided by the commission with	1960
respect to Ohio sports facilities, from all taxation within this	1961
state, including,, without limitation,, ad valorem and excise	1962
taxes.	1963

Sec. 3383.07.  (A) The department of administrative services	1964
shall provide for the construction of a culturala cultural	1965
project in conformity with Chapter 153. of the Revised Code,	1966
except as follows:	1967

(1) For a culturala cultural project that has an estimated	1968
construction cost, excluding the cost of acquisition, of	1969
twenty-five million dollars or more, and that is financed by the	1970
Ohio building authority, construction services may be provided by	1971
the authority if the authority determines it should provide those	1972
services.	1973

(2) For a culturala cultural project other than a state	1974
historical facility, construction services may be provided on	1975
behalf of the state by the Ohio culturalcultural facilities	1976
commission, or by a governmental agency or a culturala cultural	1977
organization that occupies, will occupy, or is responsible for the	1978
Ohio culturalcultural facility, as determined by the commission.	1979
Construction services to be provided by a governmental agency or a	1980
culturala cultural organization shall be specified in an	1981
agreement between the commission and the governmental agency or	1982
culturalcultural organization. The agreement, or any actions	1983
taken under it, are not subject to Chapter 123. or 153. of the	1984
Revised Code, except for sections 123.081123.081 and 153.011 of	1985
the Revised Code, and shall be subject to Chapter 4115. of the	1986
Revised Code.	1987

(3) For a culturala cultural project that is a state	1988
historical facility, construction services may be provided by the	1989
Ohio culturalcultural facilities commission or by a culturala	1990
cultural organization that occupies, will occupy, or is	1991
responsible for the facility, as determined by the commission. The	1992
construction services to be provided by the culturalcultural	1993
organization shall be specified in an agreement between the	1994
commission and the culturalcultural organization. That agreement,	1995
and any actions taken under it, are not subject to Chapter 123.,	1996
153., or 4115. of the Revised Code.	1997

(B) For an Ohio sports facility that is financed in part by	1998
the Ohio building authority, construction services shall be	1999
provided on behalf of the state by or at the direction of the	2000
governmental agency or nonprofit corporation that will own or be	2001
responsible for the management of the facility, all as determined	2002
by the Ohio culturalcultural facilities commission. Any	2003
construction services to be provided by a governmental agency or	2004
nonprofit corporation shall be specified in an agreement between	2005
the commission and the governmental agency or nonprofit	2006
corporation. That agreement, and any actions taken under it, are	2007
not subject to Chapter 123. or 153. of the Revised Code, except	2008
for sections 123.081123.081 and 153.011 of the Revised Code, and	2009
shall be subject to Chapter 4115. of the Revised Code.	2010

(C) General building services for an Ohio culturalcultural	2011
facility shall be provided by the Ohio culturalcultural	2012
facilities commission or by a culturala cultural organization	2013
that occupies, will occupy, or is responsible for the facility, as	2014
determined by the commission, except that the Ohio building	2015
authority may elect to provide those services for Ohio cultural	2016
cultural facilities financed with proceeds of state bonds issued	2017
by the authority. The costs of management and general building	2018
services shall be paid by the culturalcultural organization that	2019
occupies, will occupy, or is responsible for the facility as	2020
provided in an agreement between the commission and the cultural	2021
cultural organization, except that the state may pay for general	2022
building services for state-owned culturalcultural facilities	2023
constructed on state-owned land.	2024

General building services for an Ohio sports facility shall	2025
be provided by or at the direction of the governmental agency or	2026
nonprofit corporation that will be responsible for the management	2027
of the facility, all as determined by the commission. Any general	2028
building services to be provided by a governmental agency or	2029
nonprofit corporation for an Ohio sports facility shall be	2030
specified in an agreement between the commission and the	2031
governmental agency or nonprofit corporation. That agreement, and	2032
any actions taken under it, are not subject to Chapter 123. or	2033
153. of the Revised Code, except for sections 123.081123.081 and	2034
153.011 of the Revised Code, and shall be subject to Chapter 4115.	2035
of the Revised Code.	2036

(D) This division does not apply to a state historical	2037
facility. No state funds, including any state bond proceeds, shall	2038
be spent on the construction of any culturalcultural project	2039
under this chapter unless, with respect to the culturalcultural	2040
project and to the Ohio culturalcultural facility related to the	2041
project, all of the following apply:	2042

(1) The Ohio culturalcultural facilities commission has	2043
determined that there is a need for the culturalcultural project	2044
and the Ohio culturalcultural facility related to the project in	2045
the region of the state in which the Ohio culturalcultural	2046
facility is located or for which the facility is proposed.	2047

(2) The commission has determined that, as an indication of	2048
substantial regional support for the culturalcultural project,	2049
the culturalcultural organization has made provision satisfactory	2050
to the commission, in its sole discretion, for local contributions	2051
amounting to not less than fifty per cent of the total state	2052
funding for the culturalcultural project.	2053

(3) The general assembly has specifically authorized the	2054
spending of money on, or made an appropriation for, the	2055
construction of the culturalcultural project, or for rental	2056
payments relating to the financing of the construction of the	2057
culturalcultural project. Authorization to spend money, or an	2058
appropriation, for planning the culturalcultural project does not	2059
constitute authorization to spend money on, or an appropriation	2060
for, construction of the culturalcultural project.	2061

(E) No state funds, including any state bond proceeds, shall	2062
be spent on the construction of any state historical facility	2063
under this chapter unless the general assembly has specifically	2064
authorized the spending of money on, or made an appropriation for,	2065
the construction of the state historicalstate historical project	2066
related to the facility, or for rental payments relating to the	2067
financing of the construction of the state historicalstate	2068
historical project. Authorization to spend money, or an	2069
appropriation, for planning the state historicalstate historical	2070
project does not constitute authorization to spend money on, or an	2071
appropriation for, the construction of the state historicalstate	2072
historical project.	2073

(F) State funds shall not be used to pay or reimburse more	2074
than fifteen per cent of the initial estimated construction cost	2075
of an Ohio sports facility, excluding any site acquisition cost,	2076
and no state funds, including any state bond proceeds, shall be	2077
spent on any Ohio sports facility under this chapter unless, with	2078
respect to that facility, all of the following apply:	2079

(1) The Ohio culturalcultural facilities commission has	2080
determined that there is a need for the facility in the region of	2081
the state for which the facility is proposed to provide the	2082
function of an Ohio sports facility as provided for in this	2083
chapter.	2084

(2) As an indication of substantial local support for the	2085
facility, the commission has received a financial and development	2086
plan satisfactory to it, and provision has been made, by agreement	2087
or otherwise, satisfactory to the commission, for a contribution	2088
amounting to not less than eighty-five per cent of the total	2089
estimated construction cost of the facility, excluding any site	2090
acquisition cost, from sources other than the state.	2091

(3) The general assembly has specifically authorized the	2092
spending of money on, or made an appropriation for, the	2093
construction of the facility, or for rental payments relating to	2094
state financing of all or a portion of the costs of constructing	2095
the facility. Authorization to spend money, or an appropriation,	2096
for planning or determining the feasibility of or need for the	2097
facility does not constitute authorization to spend money on, or	2098
an appropriation for, costs of constructing the facility.	2099

(4) If state bond proceeds are being used for the Ohio sports	2100
facility, the state or a governmental agency owns or has	2101
sufficient property interests in the facility or in the site of	2102
the facility or in the portion or portions of the facility	2103
financed from proceeds of state bonds, which may include, but is	2104
not limited to, the right to use or to require the use of the	2105
facility for the presentation of sport and athletic events to the	2106
public at the facility.	2107

(G) In addition to the requirements of division (F) of this	2108
section, no state funds, including any state bond proceeds, shall	2109
be spent on any Ohio sports facility that is a motorsports	2110
complex, unless, with respect to that facility, both of the	2111
following apply:	2112

(1) Motorsports events shall be presented at the facility	2113
pursuant to a lease entered into with the owner of the facility.	2114
The term of the lease shall be for a period of not less than the	2115
greater of the useful life of the portion of the facility financed	2116
from proceeds of state bonds as determined using the guidelines	2117
for maximum maturities as provided under divisions (B) and (C) of	2118
section 133.20 of the Revised Code, or the period of time	2119
remaining to the date of payment or provision for payment of	2120
outstanding state bonds allocable to costs of the facility, all as	2121
determined by the director of budget and management and certified	2122
by the director to the Ohio culturalcultural facilities	2123
commission and to the Ohio building authority.	2124

(2) Any motorsports organization that commits to using the	2125
facility for an established period of time shall give the	2126
political subdivision in which the facility is located not less	2127
than six months' advance notice if the organization intends to	2128
cease utilizing the facility prior to the expiration of that	2129
established period. Such a motorsports organization shall be	2130
liable to the state for any state funds used on the construction	2131
costs of the facility.	2132

Sec. 3383.08.  There is hereby created in the state treasury	2133
the capital donations fund, which shall be administered by the	2134
Ohio culturalcultural facilities commission. The fund shall	2135
consist of gifts, grants, devises, bequests, and other financial	2136
contributions made to the commission for the construction or	2137
improvement of culturalcultural and sports facilities and shall	2138
be used in accordance with the specific purposes for which the	2139
gifts, grants, devises, bequests, or other financial contributions	2140
are made. All investment earnings of the fund shall be credited to	2141
the fund. Chapters 123., 125., 127., and 153. and section 3517.13	2142
of the Revised Code do not apply to contracts paid from the fund,	2143
notwithstanding anything to the contrary in those chapters or that	2144
section.	2145

Not later than one month following the end of each quarter of	2146
the fiscal year, the commission shall allocate the amounts	2147
credited to the fund from investment earnings during that	2148
preceding quarter of the fiscal year among the specific projects	2149
for which they are to be used and shall certify this information	2150
to the director of budget and management.	2151

If the amounts credited to the fund for a particular project	2152
exceed what is required to complete that project, the commission	2153
may refund any of those excess amounts, including unexpended	2154
investment earnings attributable to those amounts, to the entity	2155
from which they were received.	2156

Sec. 3383.09. (A) There is hereby created in the state	2157
treasury the culturalcultural and sports facilities building	2158
fund, which shall consist of proceeds of obligations authorized to	2159
pay costs of Ohio culturalcultural facilities and Ohio sports	2160
facilities for which appropriations are made by the general	2161
assembly. All investment earnings of the fund shall be credited to	2162
the fund.	2163

(B) The director of budget and management may transfer, to	2164
the Ohio culturalcultural facilities commission administration	2165
fund, investment earnings credited to the culturalcultural and	2166
sports facilities building fund that exceed the amounts required	2167
to meet estimated federal arbitrage rebate requirements when	2168
requested of the director of budget and management by the	2169
chairperson or executive director of the commission.	2170

Sec. 3746.09.  (A) A person who proposes to enter into or who	2171
is participating in the voluntary action program under this	2172
chapter and rules adopted under it, in accordance with this	2173
section and rules adopted under division (B)(11) of section	2174
3746.04 of the Revised Code, may apply to the director of	2175
environmental protection for a variance from applicable standards	2176
otherwise established in this chapter and rules adopted under it.	2177
The application for a variance shall be prepared by a certified	2178
professional. The director shall issue a variance from those	2179
applicable standards only if the application makes all of the	2180
following demonstrations to the director's satisfaction:	2181

(1) Either or both of the following:

2182

(a) It is technically infeasible to comply with the	2183
applicable standards otherwise established at the property named	2184
in the application;	2185

(b) The costs of complying with the applicable standards	2186
otherwise established at the property substantially exceed the	2187
economic benefits..	2188

(2) The proposed alternative standard or set of standards and	2189
terms and conditions set forth in the application will result in	2190
an improvement of environmental conditions at the property and	2191
ensure that public health and safety will be protected..	2192

(3) The establishment of and compliance with the alternative	2193
standard or set of standards and terms and conditions are	2194
necessary to promote, protect, preserve, or enhance employment	2195
opportunities or the reuse of the property named in the	2196
application.	2197

A variance issued under this section shall state the specific	2198
standard or standards whose terms are being varied and shall set	2199
forth the specific alternative standard or set of standards and	2200
the terms and conditions imposed on the applicant in their place.	2201
A variance issued under this section shall include only standards	2202
and terms and conditions proposed by the applicant in thethe	2203
application, except that the director may impose any additional or	2204
alternative terms and conditions that the directorthe director	2205
determines to be necessary to ensure that public health and safety	2206
will be protected. If the director finds that compliance with any	2207
standard or term or condition proposed by the applicant will not	2208
protect public health and safety and that the imposition of	2209
additional or alternative terms and conditions will not ensure	2210
that public health or safety will be protected, the director shall	2211
disapprove the application and shall include in the order of	2212
denial the specific findings on which the denial was based.	2213

(B) Variances shall be issued or denied in accordance with	2214
this section, rules adopted under division (B)(11) of section	2215
3746.04 of the Revised Code, and Chapter 3745. of the Revised	2216
Code. Upon determining that an application for a variance is	2217
complete, the director shall scheduleschedule a public meeting on	2218
the application to be held within ninety days after the director	2219
determines that the application is complete in the county in which	2220
is located the property to which the application pertains.	2221

(C) Not less than thirty days before the date scheduled for	2222
the public meeting on an application for a variance, the director	2223
shall publish notice of the public meeting and that the director	2224
will receive written comments on the application for a period of	2225
forty-five days commencing on the date of the publication of the	2226
notice. The notice shall contain all of the following information,	2227
at a minimum:	2228

(1) The address of the property to which the application	2229
pertains;	2230

(2) A brief summary of the alternative standards and terms	2231
and conditions proposed by the applicant;	2232

(3) The date, time, and location of the public meeting.

2233

The notice shall be published in a newspaper of general	2234
circulation in the county in which the property is located and, if	2235
the property is located in close proximity to the boundary of the	2236
county with an adjacent county, as determined by the director,	2237
shall be published in a newspaper of general circulation in the	2238
adjacent county. Concurrently with the publication of the notice	2239
of the public meeting, the director shall mail notice of the	2240
application, comment period, and public meeting to the owner of	2241
each parcel of land that is adjacent to the affected property and	2242
to the legislative authority of the municipal corporation or	2243
township, and county, in which the affected property is located.	2244
The notices mailed to the adjacent land owners and legislative	2245
authorities shall contain the same information as the published	2246
notice.	2247

(D) At the public meeting on an application for a variance,	2248
the applicant, or a representative of the applicant who is	2249
knowledgeable about the affected property and the application,	2250
shall present information regarding the application and the basis	2251
of the request for the variance and shall respond to questions	2252
from the public regarding the affected property and the	2253
application. A representative of the environmental protection	2254
agency who is familiar with the affected property and the	2255
application shall attend the public meeting to hear the public's	2256
comments and to respond to questions from the public regarding the	2257
affected property and the application. A stenographic record of	2258
the proceedings at the public meeting shall be kept and shall be	2259
made a part of the administrative record regarding the	2260
application.	2261

(E) Within ninety days after conducting the public meeting on	2262
an application for a variance under division (D) of this section,	2263
the director shall issue a proposed action to the applicant in	2264
accordance with section 3745.07 of the Revised Code that indicates	2265
the director's intent with regard to the issuance or denial of the	2266
application. When considering whether to issue or deny the	2267
application or whether to impose terms and conditions of the	2268
variance that are in addition or alternative to those proposed by	2269
the applicant, the director shall consider comments on the	2270
application made by the public at the public meeting and written	2271
comments on the application received from the public.	2272

Sec. 3746.35.  (A) Not later than September 1, 1996, and not	2273
later than the first day of September of each subsequent year, the	2274
director of environmental protection shall prepare and submit to	2275
the chairpersonschairpersons of the respective standing	2276
committees of the senate and house of representatives primarily	2277
responsible for considering environmental and taxation matters a	2278
report regarding the voluntary action program established under	2279
this chapter and rules adopted under it and the tax abatements	2280
granted pursuant to sections 5709.87 and 5709.88 of the Revised	2281
Code for properties where voluntary actions were conducted. Each	2282
annual report shall include, without limitation, all of the	2283
following:	2284

(1) Both of the following for each property for which a	2285
covenant not to sue was issued under section 3746.12 of the	2286
Revised Code during the preceding calendar year:	2287

(a) The address of the property and name of the person who	2288
undertook the voluntary action at the property;	2289

(b) Whether the applicable standards governing the voluntary	2290
action were the interim standards established in section 3746.07	2291
of the Revised Code or the generic numerical clean-up standards	2292
established in rules adopted under division (B)(1) of section	2293
3746.04 of the Revised Code, were established through the	2294
performance of a risk assessment pursuant to rules adopted under	2295
division (B)(2) of section 3746.04 of the Revised Code, or were	2296
set forth in a variance issued under section 3746.09 of the	2297
Revised Code.	2298

(2) All of the following for each property for which a	2299
variance was issued under section 3746.09 of the Revised Code	2300
during the preceding calendar year:	2301

(a) The address of the property and the name of the person to	2302
whom the variance was issued;	2303

(b) A summary of the alternative standards and terms and	2304
conditions of the variance and brief description of the	2305
improvement in environmental conditions at the property that is	2306
anticipated to result from compliance with the alternative	2307
standards and terms and conditions set forth in the variance;	2308

(c) A brief description of the economic benefits to the	2309
person to whom the variance was issued and the community in which	2310
the property is located that are anticipated to result from the	2311
undertaking of the voluntary action in compliance with the	2312
alternative standards and terms and conditions set forth in the	2313
variance.	2314

(3) The number of audits performed under section 3746.17 of	2315
the Revised Code during the preceding calendar year and, in	2316
connection with each of them, at least the following information:	2317

(a) The address of the property in connection with which the	2318
audit was performed and the name of the person who undertook the	2319
voluntary action at the property;	2320

(b) An indication as to whether the audit was a random audit	2321
or was conducted in accordance with the priorities established in	2322
rules adopted under divisions (A)(9)(a) to (f) of section 3746.04	2323
of the Revised Code and, if the audit was conducted in accordance	2324
with those priorities, an indication as to which of them resulted	2325
in the selection of the voluntary action for an audit;	2326

(c) A brief summary of the findings of the audit and any	2327
action taken by the environmental protection agency as a result of	2328
those findings.	2329

(4) The number of covenants not to sue revoked during the	2330
preceding calendar year through the operation of divisions	2331
(A)(2)(c) and (B) of section 3746.12, division (B)(2) of section	2332
3746.18, and division (B) of section 3746.19 of the Revised Code	2333
and for each property for which a covenant was revoked, at least	2334
both of the following:	2335

(a) The address of the property affected by the revocation	2336
and name of the person who undertook the voluntary action at the	2337
property;	2338

(b) The reason for the revocation.

2339

(5) The amount of money credited to the voluntary action	2340
administration fund created in section 3746.16 of the Revised Code	2341
during the preceding fiscal year from the fees established in	2342
divisions (D) and (H) of section 3746.07 and division (C) of	2343
section 3746.13 of the Revised Code and from civil penalties	2344
imposed under section 3746.22 of the Revised Code. The report	2345
shall indicate the amount of money that arose from each of the	2346
fees and from the civil penalties. The report also shall include	2347
the amount of money expended from the fund during the preceding	2348
fiscal year by program category, including, without limitation,	2349
the amount expended for conducting audits under section 3746.17 of	2350
the Revised Code during the preceding fiscal year.	2351

(6) For each property that is receiving a tax abatement under	2352
section 5709.87 of the Revised Code for the preceding tax year,	2353
the amount of the valuation exempted from real property taxation	2354
for that tax year under that section. In order to comply with	2355
division (A)(6) of this section, the director shall include in the	2356
annual report the report required to be provided to the director	2357
the director by the director of development under division (B)(2)	2358
of this section. The sole responsibility of the director of	2359
environmental protection regarding the report provided to the	2360
directorthe director under that division is to include it in the	2361
annual report prepared under division (A) of this section.	2362

(7) For each property that is receiving a tax abatement	2363
pursuant to an agreement with a municipal corporation or county	2364
entered into under section 5709.88 of the Revised Code, the amount	2365
of the valuation exempted from real or personal property taxation.	2366
In order to comply with division (A)(7) of this section, the	2367
director shall include in the annual report the report required to	2368
be provided to the directorthe director by the director of	2369
development under division (C) of this section. The sole	2370
responsibility of the director of environmental protection	2371
regarding the report provided to the directorthe director under	2372
that division is to includeinclude it in the annual report	2373
prepared under division (A) of this section.	2374

(B)(1) Not later than March 31, 1996, the county auditor of	2375
each county in which is located any property that is receiving a	2376
tax abatement under section 5709.87 of the Revised Code shall	2377
report to the director of development for each such property both	2378
of the following as applicable to tax year 1995:	2379

(a) The address of the property and the name of the owner as	2380
stated in the records of the county auditor of the county in which	2381
the property is located;	2382

(b) The amount of the valuation of the property that was	2383
exempted from real property taxation under that section.	2384

Not later than the thirty-first day of March of each	2385
subsequent year, each such county auditor shall report the	2386
information described in those divisions to the director of	2387
development for each property within the county that is receiving	2388
a tax abatement under that section for the preceding tax year.	2389

(2) Not later than July 1, 1996, and not later than the first	2390
day of July of each subsequent year, the director of development	2391
shall compile the information provided to the directorthe	2392
director under division (B)(1) of this section applicable to the	2393
preceding tax year into a report covering all of the counties in	2394
the state in which are located properties receiving a tax	2395
abatement under section 5709.87 of the Revised Code for the	2396
preceding tax year and shall forward the report to the director of	2397
environmental protection. The sole responsibility of the director	2398
of development in preparing the report is to compile the	2399
information submitted to the directorthe director by the county	2400
auditors under division (B)(1) of this section.	2401

(C) 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 the directorthe	2404
director by municipal corporations and counties under division (A)	2405
of section 5709.882 of the Revised Code applicable to the	2406
preceding calendar year into a report covering, by county, all of	2407
the municipal corporations and counties in this state in which are	2408
located properties receiving a tax abatement pursuant to an	2409
agreement entered into under section 5709.88 of the Revised Code	2410
and shall forward the report to the director of environmental	2411
protection. The sole responsibility of the director of development	2412
in preparing the report is to compile the information submitted to	2413
him by municipal corporations and counties under division (A) of	2414
section 5709.882 of the Revised Code.	2415

Sec. 3747.02.  (A)(1) The governor, with the advice and	2416
consent of the senate, shall appoint the Ohio member of the	2417
midwest interstate low-level radioactive waste commission. The	2418
commissioner shall serve at the pleasure of the governor and shall	2419
be reimbursed for actual and necessary expenses incurred in the	2420
performance of officialofficial duties.	2421

(2) As used in this section, "compact" means the midwest	2422
interstate compact on low-level radioactive waste entered into	2423
under section 3747.01 of the Revised Code.	2424

(B) The representative from this state on the commission	2425
shall not cast a vote contrary to Ohio law.	2426

(C) The representative from this state on the commission	2427
shall not cast an affirmative vote on the following matters before	2428
the commission without the prior approval of the governor:the	2429
governor:	2430

(1) Approval by the commission of the amount of the long-term	2431
care fund established by this state pursuant to Article VI(O) of	2432
the compact;	2433

(2) Relief of a party state to the compact of its	2434
responsibility to serve as a host state under Article VI(E) of the	2435
compact;	2436

(3) A requirement pursuant to Article VI(F) of the compact	2437
that this state use alternate technology to that proposed by this	2438
state for a compact facility in this state;	2439

(4) Authorization of the early closing of a compact facility	2440
under Article III(H)(7) of the compact;	2441

(5)(5) Any agreement between this state and the commission or	2442
a state other than Ohio that determines or alters the rights,	2443
powers, or obligations of this state under the compact;	2444

(6)(6) Modification of the requirements of Article VI(L)(2),	2445
(3), or (5) of the compact if the then operating compact facility	2446
is in this state;	2447

(7)(7) Admission by the commission of a new party state to	2448
the compact;	2449

(8)(8) Revocation by the commission of the membership of a	2450
party state in the compact.	2451

(D) A vote by the representative from this state on the	2452
commission that is inconsistent with division (B) or (C) of this	2453
section is void and is not enforceable.	2454

Sec. 3748.01.  As used in this chapter:

2455

(A) "Byproduct material" means either of the following:

2456

(1) Any radioactive material, except special nuclear	2457
material, yielded in or made radioactive by exposure to radiation	2458
incident to the process of producing or utilizing special nuclear	2459
material;	2460

(2) The tailings or wastes produced by the extraction or	2461
concentration of uranium or thorium from any ore processed	2462
primarily for its source material content.	2463

(B) "Certified radiation expert" means an individual who has	2464
complied with all of the following:	2465

(1) Applied to the director of health for certification as a	2466
radiation expert under section 3748.12 of the Revised Code;	2467

(2) Met minimum education and experience requirements	2468
established in rules adopted under division (C) of section 3748.04	2469
of the Revised Code;	2470

(3) Been granted a certificate as a radiation expert by the	2471
director under section 3748.12 of the Revised Code.	2472

(C) "Closure" or "site closure" refers to a facility for the	2473
disposal of low-level radioactive waste or a byproduct material	2474
site, as "byproduct material" is defined in division (A)(2) of	2475
this section, and means all activities performed at a licensed	2476
operation, such as stabilization and contouring, to ensure that	2477
the site where the operation occurred is in a stable condition so	2478
that only minor custodial care, surveillance, and monitoring are	2479
necessary at the site following the termination of the licensed	2480
operation.	2481

(D) "Decommissioning" means to safely remove any licensed	2482
operation from service and reduce residual radioactivity to a	2483
level that permits release of the licensee's property for	2484
unrestricted use. With regard to a facility for the disposal of	2485
low-level radioactive waste or a byproduct material site, as	2486
"byproduct material" is defined in division (A)(2) of this	2487
section, "decommissioning" does not include the reduction of	2488
residual radioactivity to a level that permits release of the	2489
facility for unrestricted use.	2490

(E) "Director of health" includes a designee or authorized	2491
representative of the director.	2492

(F) "Disposal," with regard to low-level radioactive waste,	2493
means the permanent isolation of that waste in accordance with	2494
requirements established by the United States nuclear regulatory	2495
commission or the licensing agreement state.	2496

(G) "Disposal site" means that portion of a facility that is	2497
used for the disposal of low-level radioactive waste and that	2498
consists of disposal units and a buffer zone. "Disposal unit"	2499
means a discrete portion of such a facility into which low-level	2500
radioactive waste is placed for disposalmeans that portion of a	2501
facility that is used for the disposal of low-level radioactive	2502
waste and that consists of disposal units and a buffer zone.	2503
"Disposal unit" means a discrete portion of such a facility into	2504
which low-level radioactive waste is placed for disposal.	2505

(H)(1) Except as provided in division (H)(2) of this section,	2506
"facility" means the state, any political subdivision, person,	2507
public or private institution, or group, or any unit of one of	2508
those entities, but does not include the federal government or any	2509
of its agencies.	2510

(2) For the purposes of the disposal of low-level radioactive	2511
waste, "facility" has the same meaning as in section 3747.01 of	2512
the Revised Code.	2513

(I) "Handle" means receive, possess, use, store, transfer,	2514
install, service, or dispose of sources of radiation unless	2515
possession is solely for the purpose of transportation.	2516

(J) "Handler" means a facility that handles sources of	2517
radiation unless possession is solely for the purpose of	2518
transportation.	2519

(K) "Inspection" means an official review, examination, or	2520
observation, including, without limitation, tests, surveys, and	2521
monitoring, that is used to determine compliance with rules,	2522
orders, requirements, and conditions of the department of health	2523
and that is conducted by the director of health.	2524

(L) "Low-level radioactive waste" has the same meaning as in	2525
section 3747.01 of the Revised Code with regard to the disposal of	2526
low-level radioactive waste. In regard to regulatory control at	2527
locations other than a disposal facility, ""low-level radioactive	2528
waste"" has the same meaning as in 42 U.S.C.A. 2021b.	2529

(M) "Quality assurance program" means a program providing for	2530
verification by written procedures such as testing, auditing, and	2531
inspection to ensure that deficiencies, deviations, defective	2532
equipment, or unsafe practices, or a combination thereof, relating	2533
to the use, disposal, management, or manufacture of radiation	2534
sources are identified, promptly corrected, and reported to the	2535
appropriate regulatory authorities.	2536

(N) "Radiation" means ionizing and nonionizing radiation.

2537

(1) "Ionizing radiation" means gamma rays and X-rays, alpha	2538
and beta particles, high-speed electrons, neutrons, protons, and	2539
other nuclear particles, but does not include sound or radio waves	2540
or visible, infrared, or ultraviolet light.	2541

(2) "Nonionizing radiation" means any electromagnetic	2542
radiation, other than ionizing electromagnetic radiation, or any	2543
sonic, ultrasonic, or infrasonic wave.	2544

(O) "Radioactive material" means any solid, liquid, or	2545
gaseous material that emits ionizing radiation spontaneously.	2546
"Radioactive material" includes accelerator-produced and naturally	2547
occurring materials and byproduct, source, and special nuclear	2548
material.	2549

(P) "Radiation-generating equipment" means any manufactured	2550
product or device, or component of such a product or device, or	2551
any machine or system that during operation can generate or emit	2552
radiation, except those that emit radiation only from radioactive	2553
material. "Radiation-generating equipment" does not include either	2554
of the following:	2555

(1) Diathermy machines;

2556

(2) Microwave ovens, including food service microwave ovens	2557
used for commercial and industrial uses, television receivers,	2558
electric lamps, and other household appliances and products that	2559
generate very low levels of radiation.	2560

(Q) "Source material" means uranium, thorium, or any	2561
combination thereof in any physical or chemical form, or any ores	2562
that contain by weight at least one-twentieth of one per cent of	2563
uranium, thorium, or any combination thereof. "Source material"	2564
does not include special nuclear material.	2565

(R) "Source of radiation" means radioactive material or	2566
radiation-generating equipment.	2567

(S) "Special nuclear material" means either of the following:

2568

(1) Plutonium, uranium 233, uranium enriched in the isotope	2569
233 or in the isotope 235, and any other material that the United	2570
States nuclear regulatory commission determines to be special	2571
nuclear material, but does not include source material pursuant to	2572
section 51 of the "Atomic Energy Act of 1954," 68 Stat. 919, 42	2573
U.S.C.A. 2071."	2574

(2) Except for any source material, any material artificially	2575
enriched by any of the materials identified in division (S)(1) of	2576
this section.	2577

(T) "Storage" means the retention of radioactive materials,	2578
including low-level radioactive waste, prior to disposal in a	2579
manner that allows for surveillance, control, and subsequent	2580
retrieval.	2581

Sec. 3748.02.  (A) The department of health is hereby	2582
designated the Ohio radiation control agency.	2583

(B) In accordance with the laws of this state, the director	2584
of health may employ, compensate, and prescribe the duties of	2585
individuals necessary to implement and administer this chapter and	2586
thethe rules adopted under it.	2587

Sec. 3748.04.  The public health council, in accordance with	2588
Chapter 119. of the Revised Code, shall adopt and may amend or	2589
rescind rules doing all of the following:	2590

(A) Listing types of radioactive material for which licensure	2591
by its handler is required and types of radiation-generating	2592
equipment for which registration by its handler is required, and	2593
establishing requirements governing them. Rules adopted under	2594
division (A) of this section shall be compatible with applicable	2595
federal regulations and shall establish all of the following,	2596
without limitation:	2597

(1) Requirements governing both of the following:

2598

(a) The licensing and inspection of handlers of radioactive	2599
material. Standards established in rules adopted under division	2600
(A)(1)(a) of this section regarding byproduct material or any	2601
activity that results in the production of that material, to the	2602
extent practicable, shall be equivalent to or more stringent than	2603
applicable standards established by the United States nuclear	2604
regulatory commission.	2605

(b) The registration and inspection of handlers of	2606
radiation-generating equipment. Standards established in rules	2607
adopted under division (A)(1)(b) of this section, to the extent	2608
practicable, shall be equivalent to applicable standards	2609
established by the food and drug administration in the United	2610
States department of health and human services.	2611

(2) Identification of and requirements governing possession	2612
and use of specifically licensed and generally licensed quantities	2613
of radioactive material as either sealed sources or unsealed	2614
sources;	2615

(3) A procedure for the issuance of and the frequency of	2616
renewal of the licenses of handlers of radioactive material, other	2617
than a license for a facility for the disposal of low-level	2618
radioactive waste, and of the certificates of registration of	2619
handlers of radiation-generating equipment;	2620

(4) Procedures for suspending and revoking the licenses of	2621
handlers of radioactive material and the certificates of	2622
registration of handlers of radiation-generating equipment;	2623

(5) Criteria to be used by the director of health in amending	2624
the license of a handler of radioactive material or the	2625
certificate of registration of a handler of radiation-generating	2626
equipment subsequent to its issuance;	2627

(6) Criteria for achieving and maintaining compliance with	2628
this chapter and rules adopted under it by licensees and	2629
registrants;	2630

(7) Criteria governing environmental monitoring of licensed	2631
and registered activities to assess compliance with this chapter	2632
and rules adopted under it;	2633

(8) Except as otherwise provided in division (A)(8) of this	2634
section, fees for the licensing of handlers of radioactive	2635
material, other than a facility for the disposal of low-level	2636
radioactive waste, and the registration of handlers of	2637
radiation-generating equipment and a fee schedule for their	2638
inspection. Rules adopted under division (A)(8) of this section	2639
shall not revise any fees established in section 3748.07 or	2640
3748.13 of the Revised Code to be paid by any handler of	2641
radiation-generating equipment that is a medical practitioner or a	2642
corporation, partnership, or other business entity consisting of	2643
medical practitioners, other than a hospital as defined in section	2644
3727.01 of the Revised Code.	2645

As used in division (A)(8) of this section, "medical	2646
practitioner" means a person who is authorized to practice	2647
dentistry pursuant to Chapter 4715. of the Revised Code; medicine	2648
and surgery, osteopathic medicine and surgery, or podiatry	2649
pursuant to Chapter 4731. of the Revised Code; or chiropractic	2650
pursuant to Chapter 4734. of the Revised Code.	2651

(B)(1) Identifying sources of radiation, circumstances of	2652
possession, use, or disposal of sources of radiation, and levels	2653
of radiation that constitute an unreasonable or unnecessary risk	2654
to human health or the environment;	2655

(2) Establishing requirements for the achievement and	2656
maintenance of compliance with standards for the receipt,	2657
possession, use, storage, installation, transfer, servicing, and	2658
disposal of sources of radiation to prevent levels of radiation	2659
that constitute an unreasonable or unnecessary risk to human	2660
health or the environment;	2661

(3) Requiring the maintenance of records on the receipt, use,	2662
storage, transfer, and disposal of radioactive material and on the	2663
radiological safety aspects of the use and maintenance of	2664
radiation-generating equipment.	2665

In adopting rules under divisions (A) and (B) of this	2666
section, the council shall use standards no less stringent than	2667
the "suggested state regulations for control of radiation"	2668
prepared by the conference of radiation control program directors,	2669
inc., and regulations adopted by the United States nuclear	2670
regulatory commission, the United States environmental protection	2671
agency, and the United States department of health and human	2672
services and shall consider reports of the national council on	2673
radiation protection and measurement and the relevant standards of	2674
the American national standards institute.	2675

(C) Establishing fees, procedures, and requirements for	2676
certification as a radiation expert, including all of the	2677
following, without limitation:	2678

(1) Minimum training and experience requirements;

2679

(2) Procedures for applying for certification;

2680

(3) Procedures for review of applications and issuance of	2681
certificates;	2682

(4) Procedures for suspending and revoking certification.

2683

(D) Establishing a schedule for inspection of sources of	2684
radiation and their shielding and surroundings;	2685

(E) Establishing the responsibilities of a radiation expert;

2686

(F) Establishing criteria for quality assurance programs for	2687
licensees of radioactive material and registrants of	2688
radiation-generating equipment;	2689

(G) Establishing fees to be paid by any facility that, on	2690
September 8, 1995, holds a license from the United States nuclear	2691
regulatory commission in order to provide moneys necessary for the	2692
transfer of licensing and other regulatory authority from the	2693
commission to the state pursuant to section 3748.03 of the Revised	2694
Code. Rules adopted under this division shall stipulate that fees	2695
so established do not apply to any functions dealing specifically	2696
with a facility for the disposal of low-level radioactive waste.	2697
Fees collected under this division shall be deposited into the	2698
state treasury to the credit of the general operations fund	2699
created in section 3701.83 of the Revised Code. The fees shall be	2700
used solely to administer and enforce this chapter and rules	2701
adopted under it.	2702

(H) Establishing fees to be collected annually from	2703
generators of low-level radioactive waste, which shall be based	2704
upon the volume and radioactivity of the waste generated and the	2705
costs of administering low-level radioactive waste management	2706
activities under this chapter and rules adopted under it. All fees	2707
collected under this division shall be deposited into the state	2708
treasury to the credit of the general operations fund created in	2709
section 3701.83 of the Revised Code. The fees shall be used solely	2710
to administer and enforce this chapter and rules adopted under it.	2711
Any fee required under this division that has not been paid within	2712
ninety days after the invoice date shall be assessed at two times	2713
the original invoiced fee. Any fee that has not been paid within	2714
one hundred eighty days after the invoice date shall be assessed	2715
at five times the original invoiced fee.	2716

(I) Establishing requirements governing closure,	2717
decontamination, decommissioning, reclamation, and long-term	2718
surveillance and care of a facility licensed under this chapter	2719
and rules adopted under it. Rules adopted under division (I) of	2720
this section shall include, without limitation, all of the	2721
following:	2722

(1) Standards and procedures to ensure that a licensee	2723
prepares a decommissioning funding plan that provides an adequate	2724
financial guaranty to permit the completion of all requirements	2725
governing the closure, decontamination, decommissioning, and	2726
reclamation of sites, structures, and equipment used in	2727
conjunction with a licensed activity;	2728

(2) For licensed activities where radioactive material that	2729
will require surveillance or care is likely to remain at the site	2730
after the licensed activities cease, as indicated in the	2731
application for the license submitted under section 3748.07 of the	2732
Revised Code, standards and procedures to ensure that the licensee	2733
prepares an additional decommissioning funding plan for long-term	2734
surveillance and care, before termination of the license, that	2735
provides an additional adequate financial guaranty as necessary to	2736
provide for that surveillance and care;	2737

(3) For the purposes of the decommissioning funding plans	2738
required in rules adopted under divisions (I)(1) and (2) of this	2739
section, the types of acceptable financial guaranties, which shall	2740
include bonds issued by fidelity or surety companies authorized to	2741
do business in the state, certificates of deposit, deposits of	2742
government securities, irrevocable letters or lines of credit,	2743
trust funds, escrow accounts, or other similar types of	2744
arrangements, but shall not include any arrangement that	2745
constitutes self-insurance;	2746

(4) A requirement that the decommissioning funding plans	2747
required in rules adopted under divisions (I)(1) and (2) of this	2748
section contain financial guaranties in amounts sufficient to	2749
ensure compliance with any standards established by the United	2750
States nuclear regulatory commission, or by the state if it has	2751
become an agreement state pursuant to section 3748.03 of the	2752
Revised Code, pertaining to closure, decontamination,	2753
decommissioning, reclamation, and long-term surveillance and care	2754
of licensed activities and sites of licensees.	2755

Standards established in rules adopted under division (I) of	2756
this section regarding any activity that resulted in the	2757
production of byproduct material, as defined in division (A)(2) of	2758
section 3748.01 of the Revised Code, to the extent practicable,	2759
shall be equivalent to or more stringent than standards	2760
established by the United States nuclear regulatory commission for	2761
sites at which ores were processed primarily for their source	2762
material content and at which byproduct material, as defined in	2763
division (A)(2) of section 3748.01 of the Revised Code, is	2764
deposited.	2765

(J) Establishing criteria governing inspections of a facility	2766
for the disposal of low-level radioactive waste, including,	2767
without limitation, the establishment of a resident inspector	2768
program at such a facility;	2769

(K)(K) Establishing requirements and procedures governing the	2770
filing of complaints under section 3748.16 of the Revised Code,	2771
including, without limitation, those governing intervention in a	2772
hearing held under division (B)(3) of that section.	2773

Sec. 3748.05.  (A) The director of health shall do all of the	2774
following:	2775

(1) Administer and enforce this chapter and thethe rules	2776
adopted under it;	2777

(2) Collect and make available information relating to	2778
sources of radiation;	2779

(3) Ensure the review of plans and specifications, submitted	2780
in accordance with rules adopted by the public health council, for	2781
the control of radiation that constitutes an unreasonable or	2782
unnecessary risk to human health or the environment;	2783

(4) Review reports of quality assurance audits performed by	2784
certified radiation experts under this chapter and thethe rules	2785
adopted under it;	2786

(5) Ensure that programs for the control of sources of	2787
radiation are developed with due regard for compatibility with	2788
federal programs for the regulation of byproduct, source, and	2789
special nuclear materials;	2790

(6) In accordance with Chapter 119. of the Revised Code,	2791
adopt, and subsequently may amend and rescind, rules providing for	2792
the administrative assessment and collection of monetary penalties	2793
for failure by any facility licensed under this chapter and rules	2794
adopted under it to comply with this chapter and those rules. The	2795
director may require the submission of compliance schedules and	2796
other related information. Any orders issued or payments or other	2797
requirements imposed pursuant to rules adopted under division	2798
(A)(6) of this section shall not affect any civil or criminal	2799
enforcement proceeding brought under this chapter or any other	2800
provision of state or local law. Moneys collected as	2801
administrative penalties imposed pursuant to rules adopted under	2802
division (A)(6) of this section shall be deposited in the state	2803
treasury to the credit of the general operations fund created in	2804
section 3701.83 of the Revised Code. The moneys shall be used	2805
solely to administer and enforce this chapter and the rules	2806
adopted under it.	2807

(7) Maintain files of both of the following:

2808

(a) All license and registration applications, issuances,	2809
denials, amendments, renewals, suspensions, and revocations and	2810
any administrative or judicial action pertaining to them;	2811

(b) All rules adopted under this chapter, or proposed to be	2812
adopted, relating to the regulation of sources of radiation and	2813
proceedings on them.	2814

(B) The director may do any or all of the following:

2815

(1) Advise, consult, and cooperate with other agencies of the	2816
state, the federal government, other states, interstate agencies,	2817
political subdivisions, industries, and other affected groups in	2818
furtherance of the purposes of this chapter and thethe rules	2819
adopted under it;	2820

(2) Accept and administer grants from the federal government	2821
and from other sources, public or private, for carrying out any of	2822
the director's functions under this chapter and thethe rules	2823
adopted under it;	2824

(3) Encourage, participate in, or conduct studies,	2825
investigations, training, research, and demonstrations relating to	2826
the detection and control of radiation that constitutes an	2827
unreasonable or unnecessary risk to human health or the	2828
environment, the measurement of radiation, the evaluation of	2829
potential effects on health of cumulative or acute exposure to	2830
radiation, the development and improvement of methods to limit and	2831
reduce the generation of radioactive waste, and related problems	2832
as the director considers necessary or advisable;	2833

(4) In accordance with Chapter 119. of the Revised Code,	2834
adopt rules establishing criteria under which other agencies of	2835
the state or private entities may perform inspections of x-ray	2836
equipment at registered dental facilitiesfacilities at the	2837
request of the facility or pursuant to contract with the	2838
department;	2839

(5) Exercise all incidental powers necessary to carry out the	2840
purposes of this chapter and thethe rules adopted under it,	2841
including, without limitation, the issuance of orders.	2842

Sec. 3748.16.  (A)(1) The director of health shall conduct	2843
regular inspections of the facility for the disposal of low-level	2844
radioactive waste in accordance with rules adopted under division	2845
(J)(J) of section 3748.04 of the Revised Code and, in accordance	2846
with those rules, shall provide for at least one resident	2847
inspector at the facility.	2848

(2) Concentrations of radioactive materials released into the	2849
environment during operation, closure, institutional control, and	2850
long-term care of the facility shall be kept as low as are	2851
reasonably achievable and shall not exceed levels established in	2852
rules adopted under division (A)(7) of section 3748.04 of the	2853
Revised Code or the standards set forth in 10 C.F.R. 61.41,	2854
whichever are more stringent. The director shall establish a	2855
program to monitor concentrations of radioactive materials so	2856
released and shall conduct an investigation if monitoring results	2857
indicate concentrations of radioactive materials at levels that	2858
are greater than the established background for a monitoring point	2859
to determine the source of the increased radiation level.	2860

(B)(1) An officer of an agency of the state or of a political	2861
subdivision, acting in the officer's representative capacity, or	2862
any person may file a written complaint with the director, in	2863
accordance with rules adopted under division (K)(K) of section	2864
3748.04 of the Revised Code, regarding the failure or alleged	2865
failure of the facility for the disposal of low-level radioactive	2866
waste to comply with health or safety requirements established	2867
under this chapter or Chapter 3747. of the Revised Code or rules	2868
adopted under them. The complaint shall be verified by an	2869
affidavit of the complainant or the complainant's agent or	2870
attorney. The affidavit may be made before any person authorized	2871
by law to administer oaths and shall be signed by the officer or	2872
person who makes it. The person before whom it was taken shall	2873
certify that it was sworn to before that person and signed in that	2874
person's presence, and the certificate signed officially by that	2875
person shall be evidence that the affidavit was made, that the	2876
name of the officer or person was written by that officer or	2877
person, and that the signer was that officer or person.	2878

(2) Upon receipt of a complaint under division (B)(1) of this	2879
section, the director shall cause a prompt investigation to be	2880
conducted as is reasonably necessary to determine whether the	2881
facility has failed or is failing to comply with the health or	2882
safety requirements identified in the complaint. The investigation	2883
shall include a discussion of the complaint with the contractor.	2884

(3) The director may hold a hearing on the complaint. Not	2885
less than twenty days before the hearing, the director shall cause	2886
publication of a notice of the hearing in the county in which the	2887
facility is located and shall mail written notice by certified	2888
mail, return receipt requested, to the complainant and to the	2889
contractor. The hearing shall be conducted before the director or	2890
a hearing examiner designated by the director. The department of	2891
health and the contractor shall be parties. The complainant may	2892
participate as a party by filing with the director, at any time	2893
prior to the hearing, a written notice of the complainant's intent	2894
to participate. Any other person may be permitted to intervene	2895
upon the granting by the director or hearing examiner of a motion	2896
to intervene filed in accordance with rules adopted under division	2897
(K)(K) of section 3748.04 of the Revised Code.	2898

If the director does not hold a hearing, the director shall	2899
provide an opportunity to the complainant and the contractor to	2900
attend a conference with the director concerning the complaint.	2901

(4) Following the completion of the investigation under	2902
division (B)(2) of this section and the hearing or conference	2903
under division (B)(3) of this section, if the director determines	2904
that the facility is in compliance with the health or safety	2905
requirements identified in the complaint, the director shall	2906
dismiss the complaint. If the director determines that the	2907
facility is not in compliance with those requirements, the	2908
director shall issue an order under division (B)(4) of section	2909
3748.05 of the Revised Code requiring the contractor to bring the	2910
facility into compliance and to submit a written discussion of how	2911
that will be accomplished. The director also may do any or all of	2912
the following:	2913

(a) Suspend or revoke the facility's license in accordance	2914
with rules adopted under division (A) of section 3748.04 of the	2915
Revised Code;	2916

(b) Issue an order assessing an administrative penalty in	2917
accordance with rules adopted under division (A)(6) of section	2918
3748.05 of the Revised Code;	2919

(c) Request the attorney general, in writing, to commence	2920
appropriate legal proceedings, including a civil action for	2921
imposition of a civil penalty under section 3748.19 of the Revised	2922
Code and criminal prosecution.	2923

(C) If the director suspends or revokes the license of the	2924
facility for the disposal of low-level radioactive waste for any	2925
reason in accordance with rules adopted under division (A) or (B)	2926
of section 3748.04 of the Revised Code, the contractor shall	2927
indemnify the state for any loss suffered by the state as a result	2928
of the lack of disposal capacity for low-level radioactive waste	2929
that otherwise would have been disposed of at the facility.	2930

(D) The provisions of division (A) of this section	2931
establishing requirements governing the director and divisions (B)	2932
and (C) of this section apply only if the state becomes an	2933
agreement state pursuant to section 3748.03 of the Revised Code.	2934

Sec. 3929.482.  (A) The Ohio fair plan underwriting	2935
association by action of its board of governors, with the approval	2936
of the superintendent of insurance, is authorized to enter into a	2937
contract with the Ohio mine subsidence insurance underwriting	2938
association to provide administrative and claims adjusting	2939
services required by it. Such contract shall provide	2940
indemnification by the Ohio mine subsidence insurance underwriting	2941
association to the Ohio fair plan underwriting association, its	2942
members, members of its board of governors, and itsand its	2943
officers, employees, and agents against all liability, loss, and	2944
expense resulting from acts done or omitted in good faith in	2945
performing such contract. Such contract shall also provide that	2946
the Ohio fair plan underwriting association will be reimbursed for	2947
its actual expenses incurred in performing such services. Common	2948
expenses applicable both to the Ohio fair plan and to the mine	2949
subsidence insurance underwriting association shall be allocated	2950
between them on an equitable basis approved by the superintendent	2951
of insurance.	2952

(B)(B) The Ohio fair plan underwriting association by action	2953
of its board of governors, with the approval of the superintendent	2954
of insurance, is authorized to enter into a contract with the Ohio	2955
commercial joint underwriting association to provide	2956
administrative and claims adjusting services required by it. Such	2957
contract shall provide indemnification by the Ohio commercial	2958
joint underwriting association to the Ohio fair plan underwriting	2959
association, its members, members of its board of governors, and	2960
itsand its officers, employees, and agents against all liability,	2961
loss, and expenses resulting from acts done or omitted in good	2962
faith in performing such contract. Such contract shall also	2963
provide that the Ohio fair plan underwriting association will be	2964
reimbursed for its actual expenses incurred in performing such	2965
services. Common expenses applicable both to the Ohio fair plan	2966
and to the Ohio commercial joint underwriting association shall be	2967
allocated between them on an equitable basis approved by the	2968
superintendent of insurance.	2969

Sec. 3929.85.  No insurer licensed to carry on the business	2970
of insurance in this state that is required by law to contribute	2971
to oror participate in, or thatthat can be assessed by the Ohio	2972
insurance guaranty association pursuant to sections 3955.01 to	2973
3955.19 of the Revised Code, or by the plan for apportionment of	2974
applicants for motor vehicle insurance pursuant to section 4509.70	2975
of the Revised Code, or by the Ohio fair plan underwriting	2976
association pursuant to sections 3929.43 to 3929.61 of the Revised	2977
Code, or by the Ohio commercial insurance joint underwriting	2978
association pursuant to sections 3930.03 to 3930.18 of the Revised	2979
Code shall in any calendar year be required to contribute to,	2980
participate in, or be assessed by any one or more of thosethose	2981
plans or associations in an amount or amounts totaling in excess	2982
of two and one-half per cent of its net direct Ohio premium volume	2983
for the year next preceding the year in which the assessment or	2984
assessments are made or the contributions or participations are	2985
required.	2986

Sec. 3931.01.  Individuals, partnerships, and corporations of	2987
this state, designated in sections 3931.01 to 3931.12 of the	2988
Revised Code, as "subscribers," may exchange reciprocal or	2989
interinsurance contracts with each other, and with individuals,	2990
partnerships, and corporations of other states, districts,	2991
provinces, and countries, providing indemnity among themselves	2992
from any loss which may be legally insured against by any fire or	2993
casualty insurance company or association provided that contracts	2994
of indemnity against property damage and bodily injury arising out	2995
of the ownership, maintenance or use of a singly owned private	2996
passenger automobile principally used for nonbusiness purposes may	2997
not be exchanged through a reciprocal insurer which maintains a	2998
surplus over all liabilities of less than two and one-half million	2999
dollars and provided that this exception shall not prohibit the	3000
exchanging of contracts of indemnity against any form of liability	3001
otherwise authorized and arising out of any business or commercial	3002
enterprise. Such contracts and the exchange thereof and such	3003
subscribers, their attorneys, and representatives shall be	3004
regulated by such sections, and no law enacted after July 4, 1917,	3005
shall apply to them, unless they are expressly designated therein.	3006

Such a contract may be executed by an attorney or other	3007
representative designated "attorney," in sections 3931.01 to	3008
3931.12 of the Revised Code, authorized by and acting for such	3009
subscribers under powers of attorney. Such attorney may be a	3010
corporation. The principal office of such attorney shall be	3011
maintained at the place designated by the subscribers in the	3012
powers of attorney.	3013

Except for such limitations on assessability as are approved	3014
by the superintendent of insurance, every reciprocal or	3015
interinsurance contract written pursuant to this chapter for	3016
medical malpractice insurance shall be fully assessable and shall	3017
contain a statement, in boldface capital letters and in type more	3018
prominent than that of the balance of the contract, setting forth	3019
such terms of assessabilityassessability. As used in this	3020
section, "medical malpractice insurance" means insurance coverage	3021
against the legal liability of the insured and against loss,	3022
damage, or expense incident to a claim arising out of the death,	3023
disease, or injury of any person as the result of negligence or	3024
malpractice in rendering professional service by any licensed	3025
physician, podiatrist, or hospital, as those terms are defined in	3026
section 2305.113 of the Revised Code.As used in this section,	3027
"medical malpractice insurance" means insurance coverage against	3028
the legal liability of the insured and against loss, damage, or	3029
expense incident to a claim arising out of the death, disease, or	3030
injury of any person as the result of negligence or malpractice in	3031
rendering professional service by any licensed physician,	3032
podiatrist, or hospital, as those terms are defined in section	3033
2305.113 of the Revised Code.	3034

Sec. 3955.05.  Sections 3955.01 to 3955.19 of the Revised	3035
Code apply to all kinds of direct insurance, except:	3036

(A) Title insurance;

3037

(B) Fidelity or surety bonds, or any other bonding	3038
obligations;	3039

(C) Credit insurance, vendors' single interest insurance,	3040
collateral protection insurance, or any similar insurance	3041
protecting the interests of a creditor arising out of a	3042
creditor-debtor transaction;	3043

(D) Mortgage guaranty, financial guaranty, residual value, or	3044
other forms of insurance offering protection against investment	3045
risks;	3046

(E) Ocean marine insurance;

3047

(F) Any insurance provided by or guaranteed by government,	3048
including, but not limited to, any department, board, office,	3049
commission, agency, institution, or other instrumentality or	3050
entity of any branch of state government, any political	3051
subdivision of this state, the United States or any agency of the	3052
United States, or any separate or joint governmental	3053
self-insurance or risk-pooling program, plan, or pool;	3054

(G) Contracts of any corporation by which health services are	3055
to be provided to its subscribers;	3056

(H) Life, annuity, health, or disability insurance, including	3057
sickness and accident insurance written pursuant to Chapter 3923.	3058
of the Revised Code;	3059

(I) Fraternal benefit insurance;

3060

(J) Mutual protective insurance of persons or property;

3061

(K) Reciprocal or interinsurance contracts written pursuant	3062
to Chapter 3931. of the Revised Code for medical malpractice	3063
insurance. As used in this division, "medical malpractice	3064
insurance" means insurance coverage against the legal liability of	3065
the insured and against loss, damage, or expense incident to a	3066
claim arising out of the death, disease, or injury of any person	3067
as the result of negligence or malpractice in rendering	3068
professional service by any licensed physician, podiatrist, or	3069
hospital, as those terms are defined in section 2305.113 of the	3070
Revised Code.. As used in this division, "medical malpractice	3071
insurance" means insurance coverage against the legal liability of	3072
the insured and against loss, damage, or expense incident to a	3073
claim arising out of the death, disease, or injury of any person	3074
as the result of negligence or malpractice in rendering	3075
professional service by any licensed physician, podiatrist, or	3076
hospital, as those terms are defined in section 2305.113 of the	3077
Revised Code.	3078

(L) Any political subdivision self-insurance program or joint	3079
political subdivision self-insurance pool established under	3080
Chapter 2744. of the Revised Code;	3081

(M) Warranty or service contracts, or the insurance of those	3082
those contracts;	3083

(N) Any state university or college self-insurance program	3084
established under section 3345.202 of the Revised Code;	3085

(O) Any transaction, or combination of transactions, between	3086
a person, including affiliates of such person, and an insurer,	3087
including affiliates of such insurer, that involves the transfer	3088
of investment or credit risk unaccompanied by a transfer of	3089
insurance risk;	3090

(P) Credit union share guaranty insurance issued pursuant to	3091
Chapter 1761. of the Revised Code;	3092

(Q) Insurance issued by risk retention groups as defined in	3093
Chapter 3960. of the Revised Code;	3094

(R) Workers' compensation insurance, including any contract	3095
indemnifying an employer who pays compensation directly to	3096
employees.	3097

Sec. 3960.06.  (A) A purchasing group and its insurer or	3098
insurers are subject to all applicable laws of this state, except	3099
that a purchasing group and its insurer or insurers, in regard to	3100
liability insurance for the purchasing group, are exempt from any	3101
law that does any of the following:	3102

(1) Prohibits the establishment of a purchasing group;

3103

(2) Makes it unlawful for an insurer to provide or offer to	3104
provide insurance on a basis providing, to a purchasing group or	3105
its members, advantages based on their loss and expense experience	3106
not afforded to other persons with respect to rates, policy forms,	3107
coverages, or other matters;	3108

(3) Prohibits a purchasing group or its members from	3109
purchasing insurance on a group basis described in division (A)(2)	3110
of this section;	3111

(4) Prohibits a purchasing group from obtaining insurance on	3112
a group basis because the group has not been in existence for a	3113
minimum period of time or because any member has not belonged to	3114
the group for a minimum period of time;	3115

(5) Requires that a purchasing group have a minimum number of	3116
members, common ownership or affiliation, or a certain legal form;	3117

(6) Requires that a certain percentage of a purchasing group	3118
obtain insurance on a group basis;	3119

(7) Otherwise discriminates against a purchasing group or any	3120
of its members;	3121

(8) Requires that any insurance policy issued to a purchasing	3122
group or any of its members be countersigned by an insurance agent	3123
or broker residing in this state.	3124

(B) The superintendent of insurance may require or exempt a	3125
risk retention group from participation in any joint underwriting	3126
association established under section 3930.03 or in the plan	3127
established under section 4509.70 of the Revised Code. Any risk	3128
retention group that is required to participate under this	3129
division shall submit sufficient information to the superintendent	3130
to enable the superintendentthe superintendent to apportion on a	3131
nondiscriminatory basis the risk retention group's proportionate	3132
share of losses and expenses.	3133

Sec. 4117.01.  As used in this chapter:

3134

(A) "Person," in addition to those included in division (C)	3135
of section 1.59 of the Revised Code, includes employee	3136
organizations, public employees, and public employers.	3137

(B) "Public employer" means the state or any political	3138
subdivision of the state located entirely within the state,	3139
including, without limitation, any municipal corporation with a	3140
population of at least five thousand according to the most recent	3141
federal decennial census; county; township with a population of at	3142
least five thousand in the unincorporated area of the township	3143
according to the most recent federal decennial census; school	3144
district; governing authority of a community school established	3145
under Chapter 3314. of the Revised Code; state institution of	3146
higher learning; public or special district; state agency,	3147
authority, commission, or board; or other branch of public	3148
employment.	3149

(C) "Public employee" means any person holding a position by	3150
appointment or employment in the service of a public employer,	3151
including any person working pursuant to a contract between a	3152
public employer and a private employer and over whom the national	3153
labor relations board has declined jurisdiction on the basis that	3154
the involved employees are employees of a public employer, except:	3155

(1) Persons holding elective office;

3156

(2) Employees of the general assembly and employees of any	3157
other legislative body of the public employer whose principal	3158
duties are directly related to the legislative functions of the	3159
body;	3160

(3) Employees on the staff of the governor or the chief	3161
executive of the public employer whose principal duties are	3162
directly related to the performance of the executive functions of	3163
the governor or the chief executive;	3164

(4) Persons who are members of the Ohio organized militia,	3165
while training or performing duty under section 5919.29 or 5923.12	3166
of the Revised Code;	3167

(5) Employees of the state employment relations board;

3168

(6) Confidential employees;

3169

(7) Management level employees;

3170

(8) Employees and officers of the courts, assistants to the	3171
attorney general, assistant prosecuting attorneys, and employees	3172
of the clerks of courts who perform a judicial function;	3173

(9) Employees of a public official who act in a fiduciary	3174
capacity, appointed pursuant to section 124.11 of the Revised	3175
Code;	3176

(10) Supervisors;

3177

(11) Students whose primary purpose is educational training,	3178
including graduate assistants or associates, residents, interns,	3179
or other students working as part-time public employees less than	3180
fifty per cent of the normal year in the employee's bargaining	3181
unit;	3182

(12) Employees of county boards of election;

3183

(13) Seasonal and casual employees as determined by the state	3184
employment relations board;	3185

(14) Part-time faculty members of an institution of higher	3186
education;	3187

(15) Employees of the state personnel board of review;

3188

(16) Participants in a work activity, developmental activity,	3189
or alternative work activity under sections 5107.40 to 5107.69 of	3190
the Revised Code who perform a service for a public employer that	3191
the public employer needs but is not performed by an employee of	3192
the public employer if the participant is not engaged in paid	3193
employment or subsidized employment pursuant to the activity;	3194

(17)(17) Employees included in the career professional	3195
service of the department of transportation under section 5501.20	3196
of the Revised Code;	3197

(18)(18) Employees who must be licensed to practice law in	3198
this state to perform their duties as employees.	3199

(D) "Employee organization" means any labor or bona fide	3200
organization in which public employees participate and that exists	3201
for the purpose, in whole or in part, of dealing with public	3202
employers concerning grievances, labor disputes, wages, hours,	3203
terms, and other conditions of employment.	3204

(E) "Exclusive representative" means the employee	3205
organization certified or recognized as an exclusive	3206
representative under section 4117.05 of the Revised Code.	3207

(F) "Supervisor" means any individual who has authority, in	3208
the interest of the public employer, to hire, transfer, suspend,	3209
lay off, recall, promote, discharge, assign, reward, or discipline	3210
other public employees; to responsibly direct them; to adjust	3211
their grievances; or to effectively recommend such action, if the	3212
exercise of that authority is not of a merely routine or clerical	3213
nature, but requires the use of independent judgment, provided	3214
that:	3215

(1) Employees of school districts who are department	3216
chairpersons or consulting teachers shall not be deemed	3217
supervisors;	3218

(2) With respect to members of a police or fire department,	3219
no person shall be deemed a supervisor except the chief of the	3220
department or those individuals who, in the absence of the chief,	3221
are authorized to exercise the authority and perform the duties of	3222
the chief of the department. Where prior to June 1, 1982, a public	3223
employer pursuant to a judicial decision, rendered in litigation	3224
to which the public employer was a party, has declined to engage	3225
in collective bargaining with members of a police or fire	3226
department on the basis that those members are supervisors, those	3227
members of a police or fire department do not have the rights	3228
specified in this chapter for the purposes of future collective	3229
bargaining. The state employment relations board shall decide all	3230
disputes concerning the application of division (F)(2) of this	3231
section.	3232

(3) With respect to faculty members of a state institution of	3233
higher education, heads of departments or divisions are	3234
supervisors; however, no other faculty member or group of faculty	3235
members is a supervisor solely because the faculty member or group	3236
of faculty members participate in decisions with respect to	3237
courses, curriculum, personnel, or other matters of academic	3238
policy;	3239

(4) No teacher as defined in section 3319.09 of the Revised	3240
Code shall be designated as a supervisor or a management level	3241
employee unless the teacher is employed under a contract governed	3242
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	3243
is assigned to a position for which a license deemed to be for	3244
administrators under state board rules is required pursuant to	3245
section 3319.22 of the Revised Code.	3246

(G) "To bargain collectively" means to perform the mutual	3247
obligation of the public employer, by its representatives, and the	3248
representatives of its employees to negotiate in good faith at	3249
reasonable times and places with respect to wages, hours, terms,	3250
and other conditions of employment and the continuation,	3251
modification, or deletion of an existing provision of a collective	3252
bargaining agreement, with the intention of reaching an agreement,	3253
or to resolve questions arising under the agreement. "To bargain	3254
collectively" includes executing a written contract incorporating	3255
the terms of any agreement reached. The obligation to bargain	3256
collectively does not mean that either party is compelled to agree	3257
to a proposal nor does it require the making of a concession.	3258

(H) "Strike" means continuous concerted action in failing to	3259
report to duty; willful absence from one's position; or stoppage	3260
of work in whole from the full, faithful, and proper performance	3261
of the duties of employment, for the purpose of inducing,	3262
influencing, or coercing a change in wages, hours, terms, and	3263
other conditions of employment. "Strike" does not include a	3264
stoppage of work by employees in good faith because of dangerous	3265
or unhealthful working conditions at the place of employment that	3266
are abnormal to the place of employment.	3267

(I) "Unauthorized strike" includes, but is not limited to,	3268
concerted action during the term or extended term of a collective	3269
bargaining agreement or during the pendency of the settlement	3270
procedures set forth in section 4117.14 of the Revised Code in	3271
failing to report to duty; willful absence from one's position;	3272
stoppage of work; slowdown, or abstinence in whole or in part from	3273
the full, faithful, and proper performance of the duties of	3274
employment for the purpose of inducing, influencing, or coercing a	3275
change in wages, hours, terms, and other conditions of employment.	3276
"Unauthorized strike" includes any such action, absence, stoppage,	3277
slowdown, or abstinence when done partially or intermittently,	3278
whether during or after the expiration of the term or extended	3279
term of a collective bargaining agreement or during or after the	3280
pendency of the settlement procedures set forth in section 4117.14	3281
of the Revised Code.	3282

(J) "Professional employee" means any employee engaged in	3283
work that is predominantly intellectual, involving the consistent	3284
exercise of discretion and judgment in its performance and	3285
requiring knowledge of an advanced type in a field of science or	3286
learning customarily acquired by a prolonged course in an	3287
institution of higher learning or a hospital, as distinguished	3288
from a general academic education or from an apprenticeship; or an	3289
employee who has completed the courses of specialized intellectual	3290
instruction and is performing related work under the supervision	3291
of a professional person to become qualified as a professional	3292
employee.	3293

(K) "Confidential employee" means any employee who works in	3294
the personnel offices of a public employer and deals with	3295
information to be used by the public employer in collective	3296
bargaining; or any employee who works in a close continuing	3297
relationship with public officers or representatives directly	3298
participating in collective bargaining on behalf of the employer.	3299

(L) "Management level employee" means an individual who	3300
formulates policy on behalf of the public employer, who	3301
responsibly directs the implementation of policy, or who may	3302
reasonably be required on behalf of the public employer to assist	3303
in the preparation for the conduct of collective negotiations,	3304
administer collectively negotiated agreements, or have a major	3305
role in personnel administration. Assistant superintendents,	3306
principals, and assistant principals whose employment is governed	3307
by section 3319.02 of the Revised Code are management level	3308
employees. With respect to members of a faculty of a state	3309
institution of higher education, no person is a management level	3310
employee because of the person's involvement in the formulation or	3311
implementation of academic or institution policy.	3312

(M) "Wages" means hourly rates of pay, salaries, or other	3313
forms of compensation for services rendered.	3314

(N) "Member of a police department" means a person who is in	3315
the employ of a police department of a municipal corporation as a	3316
full-time regular police officer as the result of an appointment	3317
from a duly established civil service eligibility list or under	3318
section 737.15 or 737.16 of the Revised Code, a full-time deputy	3319
sheriff appointed under section 311.04 of the Revised Code, a	3320
township constable appointed under section 509.01 of the Revised	3321
Code, or a member of a township police district police department	3322
appointed under section 505.49 of the Revised Code.	3323

(O) "Members of the state highway patrol" means highway	3324
patrol troopers and radio operators appointed under section	3325
5503.01 of the Revised Code.	3326

(P) "Member of a fire department" means a person who is in	3327
the employ of a fire department of a municipal corporation or a	3328
township as a fire cadet, full-time regular firefighter, or	3329
promoted rank as the result of an appointment from a duly	3330
established civil service eligibility list or under section	3331
505.38, 709.012, or 737.22 of the Revised Code.	3332

(Q) "Day" means calendar day.

3333

Sec. 4121.442.  (A) The administrator of workers'	3334
compensationadministrator of workers' compensation shall develop	3335
standards for qualification of health care plans of the Ohio	3336
workers' compensation qualified health plan system to provide	3337
medical, surgical, nursing, drug, hospital, and rehabilitation	3338
services and supplies to an employee for an injury or occupational	3339
disease that is compensable under this chapter or Chapter 4123.,	3340
4127., or 4131. of the Revised Code. In adopting the standards,	3341
the administratoradministrator shall use nationally recognized	3342
accreditation standards. The standards the administrator	3343
administrator adopts must provide that a qualified plan provides	3344
for all of the following:	3345

(1) Criteria for selective contracting of health care	3346
providers;	3347

(2) Adequate plan structure and financial stability;

3348

(3) Procedures for the resolution of medical disputes between	3349
an employee and an employer, an employee and a provider, or an	3350
employer and a provider, prior to an appeal under section 4123.511	3351
of the Revised Code;	3352

(4) Authorize employees who are dissatisfied with the health	3353
care services of the employer's qualified plan and do not wish to	3354
obtain treatment under the provisions of this section, to request	3355
the administrator for referral to a health care provider in the	3356
bureau's health care partnership program. The administrator must	3357
refer all requesting employees into the health care partnership	3358
program.	3359

(5) Does not discriminate against any category of health care	3360
provider;	3361

(6) Provide a procedure for reporting injuries to the bureau	3362
of workers' compensation and to employers by providers within the	3363
qualified plan;	3364

(7) Provide appropriate financial incentives to reduce	3365
service costs and utilization without sacrificing the quality of	3366
service;	3367

(8) Provide adequate methods of peer review, utilization	3368
review, quality assurance, and dispute resolution to prevent and	3369
provide sanctions for inappropriate, excessive, or not medically	3370
necessary treatment;	3371

(9) Provide a timely and accurate method of reporting to the	3372
administrator necessary information regarding medical and health	3373
care service and supply costs, quality, and utilization to enable	3374
the administrator to determine the effectiveness of the plan;	3375

(10) Authorize necessary emergency medical treatment for an	3376
injury or occupational disease provided by a health care provider	3377
who is not a part of the qualified health care plan;	3378

(11) Provide an employee the right to change health care	3379
providers within the qualified health care plan;	3380

(12) Provide for standardized data and reporting	3381
requirements;	3382

(13) Authorize necessary medical treatment for employees who	3383
work in Ohio but reside in another state.	3384

(B)(B) Health care plans that meet the approved qualified	3385
health plan standards shall be considered qualified plans and are	3386
eligible to become part of the Ohio workers' compensation	3387
qualified health plan system. Any employer or group of employers	3388
may provide medical, surgical, nursing, drug, hospital, and	3389
rehabilitation services and supplies to an employee for an injury	3390
or occupational disease that is compensable under this chapter or	3391
Chapter 4123., 4127., or 4131. of the Revised Code through a	3392
qualified health plan.	3393

Sec. 4167.09.  (A) Any public employer affected by a proposed	3394
rule or Ohio employment risk reduction standard or any provision	3395
of a standardof a standard proposed under section 4167.07 or	3396
4167.08 of the Revised Code may apply to the director of commerce	3397
for an order granting a temporary variance from the standard or	3398
provision. The application for the order and any extension of the	3399
orderof the order shall contain a reasonable application fee, as	3400
determined by the public employment risk reduction advisory	3401
commission, and all of the following information:	3402

(1) A specification of the Ohio public employment risk	3403
reduction standard or provision of itprovision of it from which	3404
the public employer seeks the temporary variance;	3405

(2) A representation by the public employer, supported by	3406
representations from qualified persons having firsthand knowledge	3407
of the facts represented, that the public employer is unable to	3408
comply with the Ohio employment risk reduction standard or	3409
provision of itprovision of it and a detailed statement of the	3410
reasons for the inability to comply;for the inability to comply;	3411

(3) A statement of the steps that the public employer has	3412
taken and will take, with dates specified, to protect employees	3413
against the hazard covered by the standard;	3414

(4) A statement of when the public employer expects to be	3415
able to comply fully with the Ohio employment risk reduction	3416
standard and what steps the public employer has taken and will	3417
take, with dates specified, to come into full compliance with the	3418
standard;	3419

(5) A certification that the public employer has informed the	3420
public employer's public employees of the application by giving a	3421
copy of the application to the public employee representative, if	3422
any, and by posting a statement giving a summary of the	3423
application and specifying where a copy of the application may be	3424
examined at the place or places where notices to public employees	3425
are normally posted, and by any other appropriate means of public	3426
employee notification. The public employer also shallshall inform	3427
the public employer's public employees of their rights to a	3428
hearing under section 4167.15 of the Revised Code. The	3429
certification also shall contain a description of how public	3430
employees have been informed of the application and of their	3431
rights to a hearing.	3432

(B) The director shall issue an order providing for a	3433
temporary variance if the public employer files an application	3434
that meets the requirements of division (A) of this section and	3435
establishes that all of the following pertaining to the public	3436
employer are true:	3437

(1) The public employer is unable to comply with the Ohio	3438
employment risk reduction standard or a provision of itof it by	3439
its effective date because of the unavailability of professional	3440
or technical personnel or of materials and equipment needed to	3441
come into compliance with the Ohio employment risk reduction	3442
standard or provision of itof it or because necessary	3443
construction or alteration of facilities cannot be completed by	3444
the effective date of the standard.	3445

(2) The public employer is taking all available steps to	3446
safeguard the public employer's public employees against the	3447
hazards covered by the Ohio employment risk reduction standard.	3448

(3) The public employer has an effective program for coming	3449
into compliance with the Ohio employment risk reduction standard	3450
as quickly as practicable.	3451

(4) The granting of the variance will not create an imminent	3452
danger of death or serious physical harm to public employees.	3453

(C)(1) If the director issues an order providing for a	3454
temporary variance under division (B) of this section, the	3455
director shall prescribe the practices, means, methods,	3456
operations, and processes that the public employer must adopt and	3457
use while the order is in effect and state in detail the public	3458
employer's program for coming into compliance with the Ohio	3459
employment risk reduction standard. The director may issue the	3460
order only after providing notice to affected public employees and	3461
their public employee representative, if any, and an opportunity	3462
for a hearing pursuant to section 4167.15 of the Revised Code,	3463
provided that the director may issue one interim order granting a	3464
temporary order to be effective until a decision on a hearing is	3465
made. Except as provided in division (C)(2) of this section, no	3466
temporary variance may be in effect for longer than the period	3467
needed by the public employer to achieve compliance with the Ohio	3468
employment risk reduction standard or one year, whichever is	3469
shorter.	3470

(2) The director may renew an order issued under division (C)	3471
of this section up to two times provided that the requirements of	3472
divisions (A), (B), and (C)(1) of this section and section 4167.15	3473
of the Revised Code are met and the public employer files an	3474
application for renewal with the director at least ninety days	3475
prior to the expiration date of the order.	3476

(D) Any public employer affected by an Ohio employment risk	3477
reduction standard or any provision of itof it proposed, adopted,	3478
or otherwise issued under section 4167.07 oror 4167.08 of the	3479
Revised Code may apply to the director for an order granting a	3480
variance from the standard or provisionprovision. The director	3481
shall provide affected public employees and their public employee	3482
representative, if any, notice of the application and shall	3483
provide an opportunity for a hearing pursuant to section 4167.15	3484
of the Revised Code. The director shall issue the order granting	3485
the variance if the public employer files an application that	3486
meets the requirements of division (B) of this section, and after	3487
an opportunity for a hearing pursuant to section 4167.15 of the	3488
Revised Code, and if the public employer establishes to the	3489
satisfaction of the director that the conditions, practices,	3490
means, methods, operations, or processes used or proposed to be	3491
used by the public employer will provide employment and places of	3492
employment to the public employer's public employees that are as	3493
safe and healthful as those that would prevail if the public	3494
employer complied with the Ohio employment risk reduction	3495
standard. The director shall prescribe in the order granting the	3496
variance the conditions the public employer must maintain, and the	3497
practices, means, methods, operations, and processes the public	3498
employer must adopt and utilize in lieu of the Ohio employment	3499
risk reduction standard thatthat would otherwise apply. The	3500
director may modify or revoke the order upon application of the	3501
public employer, public employee, or public employee	3502
representative, or upon the director's own motion in the manner	3503
prescribed for the issuance of an order under this division at any	3504
time during six months after the date of issuance of the order.	3505

Sec. 4167.25.  As used in this section and sections 4167.27	3506
and4167.27 and 4767.28 of the Revised Code:	3507

(A) "Bloodborne pathogen" means a microorganism present in	3508
human blood that can cause disease in humans, including the human	3509
immunodeficiency virus, hepatitis B virus, hepatitis C virus, and	3510
other pathogenic microorganisms.	3511

(B) "Engineered sharps injury protection" means either of the	3512
following:	3513

(1) A physical attribute built into a needle device used for	3514
withdrawing body fluids, accessing a vein or artery, or	3515
administering medications or other fluids that effectively reduces	3516
the risk of an exposure incident by a mechanism such as barrier	3517
creation, blunting, encapsulation, withdrawal, retraction,	3518
destruction, or any other effective mechanism;	3519

(2) A physical attribute built into a type of needle device	3520
not included in division (B)(1) of this section, or built into a	3521
non-needle sharp, that effectively reduces the risk of an exposure	3522
incident.	3523

(C) "Exposure incident" means an occurrence of occupational	3524
exposure to blood or other material potentially containing	3525
bloodborne pathogens, including exposure that occurs through a	3526
sharps injury.	3527

(D) "Needleless system" means a device that does not utilize	3528
needles for the following:	3529

(1) Withdrawing body fluids after initial venous or arterial	3530
access is established;	3531

(2) Administering medication or fluids;

3532

(3) Performing any other procedure involving potential	3533
exposure incidents.	3534

(E) "Public health care worker" means a person who is	3535
employed by a public employer to provide health services that	3536
carry with them the potential for exposure incidents, including a	3537
person employed by a public hospital or other public health care	3538
facility, a person employed by a public employer to provide home	3539
health care, and a person employed by a public employer as a	3540
firefighter, emergency medical technician-basic, emergency medical	3541
technician-intermediate, or emergency medical	3542
technician-paramedic. "Public health care worker" does not include	3543
a person who is employed by a public employer to provide dental	3544
services, treatment, or training or a dental student who is	3545
receiving training from a public employer.	3546

(F) "Sharp" means an object used in or encountered when	3547
providing health care services that can be reasonably anticipated	3548
to penetrate the skin or any other part of the body and result in	3549
an exposure incident, including objects such as needle devices,	3550
scalpels, lancets, and broken glass.	3551

(G) "Sharps injury" means an injury caused by a sharp,	3552
including such injuries as cuts, abrasions, and needlesticks.	3553

Sec. 4167.27.  (A) The public employment risk reduction	3554
advisory commission shall adopt a rule and Ohio employment risk	3555
reduction standard for the prevention of exposure incidents. The	3556
initial rule and standard shall be adopted not later than one	3557
hundred eighty days after October 5, 2000October 5, 2000.	3558

(B) The commission shall provide advice to public employers	3559
with regard to their implementation of the requirements	3560
established by the rule and standard adopted under this section	3561
and the requirements of section 4167.28 of the Revised Code.	3562

Sec. 4731.143.  (A) Each person holding a valid certificate	3563
under this chapter authorizing the certificate holder to practice	3564
medicine and surgery, osteopathic medicine and surgery, or	3565
podiatric medicine and surgery, who is not covered by medical	3566
malpractice insurance shall provide a patient with written notice	3567
of the certificate holder's lack of thatthat insurance coverage	3568
prior to providing nonemergency professional services to the	3569
patient. The notice shall be provided alone on its own page. The	3570
notice shall provide space for the patient to acknowledge receipt	3571
of the notice, and shall be in the following form:	3572

"N O T I C E:

3573

Dr. ............... (here state the full name of the	3574
certificate holder) is not covered by medical malpractice	3575
insurance.	3576

The undersigned acknowledges the receipt of this notice.

3577

			3578
(Patient's Signature)			3579
			3580
(Date)"			3581

The certificate holder shall obtain the patient's signature,	3582
acknowledging the patient's receipt of the notice, prior to	3583
providing nonemergency professional services to the patient. The	3584
certificate holder shall maintain the signed notice in the	3585
patient's file.	3586

(B) This section does not apply to any officer or employee of	3587
the state, as those terms are defined in section 9.85 of the	3588
Revised Code, who is immune from civil liability under section	3589
9.86 of the Revised Code or is entitled to indemnification	3590
pursuant to section 9.87 of the Revised Code, to the extent that	3591
the person is acting within the scope of the person's employment	3592
or official responsibilities.	3593

This section does not apply to a person who complies with	3594
division (B)(2) of section 2305.234 of the Revised Code.	3595

(C) As used in this section, "medical malpractice insurance"	3596
means insurance coverage against the legal liability of the	3597
insured and against loss, damage, or expense incident to a claim	3598
arising out of the death, disease, or injury of any person as the	3599
result of negligence or malpractice in rendering professional	3600
service by any licensed physician, podiatrist, or hospital, as	3601
those terms are defined in section 2305.113 of the Revised Code.	3602
(C) As used in this section, "medical malpractice insurance" means	3603
insurance coverage against the legal liability of the insured and	3604
against loss, damage, or expense incident to a claim arising out	3605
of the death, disease, or injury of any person as the result of	3606
negligence or malpractice in rendering professional service by any	3607
licensed physician, podiatrist, or hospital, as those terms are	3608
defined in section 2305.113 of the Revised Code.	3609

Sec. 4741.03.  (A) The state veterinary medical licensing	3610
board shall meet at least once in each calendar year and may hold	3611
additional meetings as often as it considers necessary to conduct	3612
the business of the board. The president of the board may call	3613
special meetings,, and the executive secretary shall call special	3614
meetings upon the written request of three members of the board.	3615
The board shall organize by electing a president and	3616
vice-president from its veterinarian members and such other	3617
officers as the board prescribes by rule. Each officer shall serve	3618
for a term specified by board rule or until a successor is elected	3619
and qualified. A quorum of the board consists of four members of	3620
which at least three are members who are veterinarians. The	3621
concurrence of four members is necessary for the board to take any	3622
action.	3623

(B) The board may appoint a person, not one of its members,	3624
to serve as its executive secretary. The executive secretary is in	3625
the unclassified service and serves at the pleasure of the board.	3626
The executive secretary shall serve as the board's	3627
secretary-treasurer ex officio. The board may employ additional	3628
employees for professional, technical, clerical, and special work	3629
as it considers necessary. The executive secretary shall give a	3630
surety bond to the state in the sum the board requires,	3631
conditioned upon the faithful performance of the executive	3632
secretary's duties. The board shall pay the cost of the bond. The	3633
executive secretary shall keep a complete accounting of all funds	3634
received and of all vouchers presented by the board to the	3635
director of budget and management for the disbursement of funds.	3636
The president or executive secretary shall approve all vouchers of	3637
the board. All money received by the board shall be credited to	3638
the occupational licensing and regulatory fund.	3639

(C) In addition to any other duty required under this	3640
chapter, the board shall do all of the following:	3641

(1) Prescribe a seal;

3642

(2) Hold at least one examination during each calendar year	3643
for applicants for a license. The board shall provide public	3644
notice of the time and place for the examination. The examination	3645
for applicants for a license to practice veterinary medicine shall	3646
be either written or oral, or both, as determined by the board,	3647
and may include a practical demonstration. The examination may	3648
include all subjects relevant to veterinary medicine the board	3649
determines appropriate, including public health and jurisprudence.	3650

(3) Keep a record of all of its meetings and proceedings;

3651

(4) Maintain a register that records all applicants for a	3652
certificate of license or a temporary permit, all persons who have	3653
been denied a license or permit, all persons who have been granted	3654
or reissued a license or permit, and all persons whose license or	3655
permit has been revoked or suspended. The register shall also	3656
include a record of persons licensed prior to October 17, 1975.	3657

(5) Maintain a register, in such form as the board determines	3658
by rule, of all colleges and universities that teach veterinary	3659
medicine and that are approved by the board;	3660

(6) Enforce this chapter, and for that purpose, make	3661
investigations relative as provided in section 4741.26 of the	3662
Revised Code;	3663

(7) Issue licenses and permits to persons who meet the	3664
qualifications set forth in this chapter;	3665

(8) Approve colleges and universities which meet the board's	3666
requirements for veterinary medicine and associated fields of	3667
study and withdraw or deny, after an adjudication conducted in	3668
accordance with Chapter 119. of the Revised Code, approval from	3669
colleges and universities which fail to meet those requirements;	3670

(9) Adopt rules, in accordance with Chapter 119. of the	3671
Revised Code, which are necessary for its government and for the	3672
administration and enforcement of this chapter.	3673

(D) The board may do all of the following:

3674

(1) Subpoena witnesses and require their attendance and	3675
testimony, andand require the production by witnesses of books,	3676
papers, public records, animal patient records, and other	3677
documentary evidence and examine them,, in relation to any matter	3678
thatthat the board has authority to investigate, inquire into, or	3679
hear. Except for any officer or employee of the state or any	3680
political subdivision of the state, the treasurer of state shall	3681
pay all witnesses in any proceeding before the board, upon	3682
certification from the board, witness fees in the same amount as	3683
provided in section 2335.06 of the Revised Code.	3684

(2) Examine and inspect books, papers, public records, animal	3685
patient records, and other documentary evidence at the location	3686
where the books, papers, records, and other evidence are normally	3687
stored or maintained.	3688

(E) All registers, books, and records kept by the board are	3689
the property of the board and are open for public examination and	3690
inspection at all reasonable times. The registers, books, and	3691
records are prima-facie evidence of the matters contained in them	3692
in them.	3693

Sec. 4755.481. (A) If a physical therapist evaluates and	3694
treats a patient without the prescription of, or the referral of	3695
the patient by, a person who is licensed to practice medicine and	3696
surgery, chiropractic, dentistry, osteopathic medicine and	3697
surgery, podiatric medicine and surgery, or nursing as a certified	3698
registered nurse anesthetist, clinical nurse specialist, certified	3699
nurse-midwife, or certified nurse practitioner, all of the	3700
following apply:	3701

(1) The physical therapist shall, upon consent of the	3702
patient, inform the patient's physician, chiropractor, dentist,	3703
podiatrist, certified registered nurse anesthetist, clinical nurse	3704
specialist, certified nurse-midwife, or certified nurse	3705
practitioner of the evaluation not later than five business days	3706
after the evaluation is made.	3707

(2) If the physical therapist determines, based on reasonable	3708
evidence, that no substantial progress has been made with respect	3709
to that patient during the thirty-day period immediately following	3710
the date of the patient's initial visit with the physical	3711
therapist, the physical therapist shall consult with or refer the	3712
patient to a licensed physician, chiropractor, dentist,	3713
podiatrist, certified registered nurse anesthetist, clinical nurse	3714
specialist, certified nurse-midwife, or certified nurse	3715
practitioner, unless either of the following applies:	3716

(a) The evaluation, treatment, or services are being provided	3717
for fitness, wellness, or prevention purposes.	3718

(b) The patient previously was diagnosed with chronic,	3719
neuromuscular, or developmental conditions and the evaluation,	3720
treatment, or services are being provided for problems or symptoms	3721
associated with one or more of those previously diagnosed	3722
conditions.	3723

(3) If the physical therapist determines that orthotic	3724
devices are necessary to treat the patient, the physical therapist	3725
shall be limited to the application of the following orthotic	3726
devices:	3727

(a) Upper extremity adaptive equipment used to facilitate the	3728
activities of daily living;	3729

(b) Finger splints;

3730

(c) Wrist splints;

3731

(d) Prefabricated elastic or fabric abdominal supports with	3732
or without metal or plastic reinforcing stays and other	3733
prefabricated soft goods requiring minimal fitting;	3734

(e) Nontherapeutic accommodative inlays;

3735

(f) Shoes that are not manufactured or modified for a	3736
particular individual;	3737

(g) Prefabricated foot care products;

3738

(h) Custom foot orthotics;

3739

(i) Durable medical equipment.

3740

(4) If, at any time, the physical therapist has reason to	3741
believe that the patient has symptoms or conditions that require	3742
treatment or services beyond the scope of practice of a physical	3743
therapist, the physical therapist shall refer the patient to a	3744
licensed health care practitioner acting within the practitioner's	3745
scope of practice.	3746

(B) Nothing in sections 4755.40 to 4755.56 of the Revised	3747
Code shall be construed to require reimbursement under any health	3748
insuring corporation policy, contract, or agreement, any sickness	3749
and accident insurance policy, the medical assistance program as	3750
defined in section 5111.01 of the Revised Code, or the health	3751
partnership program or qualified health plans established pursuant	3752
to sections 4121.44 to 4121.4424121.442 of the Revised Code, for	3753
any physical therapy service rendered without the prescription of,	3754
or the referral of the patient by, a licensed physician,	3755
chiropractor, dentist, podiatrist, certified registered nurse	3756
anesthetist, clinical nurse specialist, certified nurse-midwife,	3757
or certified nurse practitioner.	3758

(C) For purposes of this section, "business day" means any	3759
calendar day that is not a Saturday, Sunday, or legal holiday.	3760
"Legal holiday" has the same meaning as in section 1.14 of the	3761
Revised Code.	3762

Sec. 4981.03.  (A) The Ohio rail development commission shall	3763
do all of the following:	3764

(1) Develop, promote, and support safe, adequate, and	3765
efficient rail service throughout the state;	3766

(2) Maintain adequate programs of investigation, research,	3767
promotion, planning, and development for rail service, which	3768
programs shall include the consideration of recommendations by	3769
public or private planning organizations;	3770

(3) Provide for the participation of private corporations or	3771
organizations and the public in the development, construction,	3772
operation, and maintenance of rail service, and as franchisees of	3773
rail serviceof rail service.	3774

(B) In regard to rail service, the Ohio rail development	3775
commission is the successor of the Ohio high speed rail authority	3776
and the division of rail transportation of the department of	3777
transportation. The commission shall succeed to all federal	3778
allotments, entitlements, subsidies, and grants now existing,	3779
whether such allotments, entitlements, subsidies, and grants are	3780
encumbered or unencumbered, in the same manner and with the same	3781
authority as the Ohio high speed rail authority and the division	3782
of rail transportation exercised prior to October 20, 1994October	3783
20, 1994.	3784

(C) Every authority, commission, department, or other agency	3785
of this state shall provide the commission with data, plans,	3786
research, and any other information that the commission requests	3787
to assist it in performing its duties pursuant to this chapter.	3788

(D) The commission may request and contract with any railroad	3789
to provide it with data and information necessary to carry out the	3790
purposes of this chapter. All railroads operating within this	3791
state shall provide the requested data and information to the	3792
commission. The commission shall not disclose any confidential	3793
data or information supplied to it.	3794

(E) The commission shall cooperate with the director of	3795
development by exercising the commission's duty to promote and	3796
develop rail service in this state in conjunction with the	3797
director's exercise of his duty to promote the economic	3798
development of this state.	3799

(F) The commission, when developing rail service throughout	3800
the state, may give priority to projects undertaken within the	3801
geographic boundaries of qualifying subdivisions.	3802

Sec. 5123.35.  (A) There is hereby created the Ohio	3803
developmental disabilitiesOhio developmental disabilities	3804
council, which shall serve as an advocate for all persons with	3805
developmental disabilities. The council shall act in accordance	3806
with the "Developmental Disabilities Assistance and Bill of Rights	3807
Act," 98 Stat. 2662 (1984), 42 U.S.C. 6001, as amended. The	3808
governor shall appoint the members of the council in accordance	3809
with 42 U.S.C. 6024.	3810

(B) The Ohio developmental disabilitiesOhio developmental	3811
disabilities council shall develop the state plan required by	3812
federal law as a condition of receiving federal assistance under	3813
42 U.S.C. 6021 to 6030. The department of mental retardation and	3814
developmental disabilities, as the state agency selected by the	3815
governor for purposes of receiving the federal assistance, shall	3816
receive, account for, and disburse funds based on the state plan	3817
and shall provide assurances and other administrative support	3818
services required as a condition of receiving the federal	3819
assistance.	3820

(C) The federal funds may be disbursed through grants to or	3821
contracts with persons and government agencies for the provision	3822
of necessary or useful goods and services for developmentally	3823
disabled persons. The Ohio developmental disabilitiesOhio	3824
developmental disabilities council may award the grants or enter	3825
into the contracts.	3826

(D) The Ohio developmental disabilitiesOhio developmental	3827
disabilities council may award grants to or enter into contracts	3828
with a member of the council or an entity that the member	3829
represents if all of the following apply:	3830

(1) The member serves on the council as a representative of	3831
one of the principal state agencies concerned with services for	3832
persons with developmental disabilities as specified in 42 U.S.C.	3833
6024(b)(3), a representative of a university affiliated program as	3834
defined in 42 U.S.C. 6001(18), or a representative of the legal	3835
rights service created under section 5123.60 of the Revised Code..	3836

(2) The council determines that the member or the entity the	3837
memberthe member represents is capable of providing the goods or	3838
services specified under the terms of the grant or contract..	3839

(3) The member has not taken part in any discussion or vote	3840
of the council related to awarding the grant or entering into the	3841
contract, including service as a member of a review panel	3842
established by the council to award grants or enter into contracts	3843
or to make recommendations with regard to awarding grants or	3844
entering into contracts.	3845

(E) A member of the Ohio developmental disabilitiesOhio	3846
developmental disabilities council is not in violation of Chapter	3847
102. or section 2921.42 of the Revised Code with regard to	3848
receiving a grant or entering into a contract under this section	3849
if the requirements of division (D) of this section have been met.	3850

Sec. 5123.352.  There is hereby created in the state treasury	3851
the community mental retardation and developmental disabilities	3852
trust fund. The director of mental retardation and developmental	3853
disabilities, not later than sixty days after the end of each	3854
fiscal year, shall certify to the director of budget and	3855
management the amount of all the unexpended, unencumbered balances	3856
of general revenue fund appropriations made to the department of	3857
mental retardation and developmental disabilities for the fiscal	3858
year, excluding appropriations for rental payments to the Ohio	3859
public facilities commission, and the amount of any other funds	3860
held by the department in excess of amounts necessary to meet the	3861
department's operating costs and obligations pursuant to this	3862
chapter and Chapter 5126. of the Revised Code. On receipt of the	3863
certification, the director of budget and management shall	3864
transfer cash to the trust fund in an amount up to, but not	3865
exceeding, the total of the amounts certified by the director of	3866
mental retardation and developmental disabilities, except in cases	3867
in which the transfer will involve more than twenty million	3868
dollars. In such cases, the director of budget and management	3869
shall notify the controlling board and must receive the board's	3870
approval of the transfer prior to making the transfer.	3871

AllAll moneys in the trust fund shall be distributed in	3872
accordance with section 5126.19 of the Revised Code.	3873

Sec. 3358.10.  Sections 3354.10, 3354.121, 3354.15, andand	3874
3354.16 of the Revised Code apply to state community college	3875
districts and their boards of trustees.	3876

Section 2. That existing sections 101.23, 101.82, 101.83,	3877
101.84, 101.85, 101.86, 122.011, 122.40, 123.151, 149.56, 307.674,	3878
340.02, 1501.04, 1502.04, 1502.05, 1502.11, 1502.12, 1506.30,	3879
1506.34, 1506.35, 1517.02, 1517.23, 1518.01, 1518.03, 1551.35,	3880
2323.44, 3358.10, 3375.61, 3375.62, 3383.01, 3383.02, 3383.03,	3881
3383.04, 3383.05, 3383.06, 3383.07, 3383.08, 3383.09, 3746.09,	3882
3746.35, 3747.02, 3748.01, 3748.02, 3748.04, 3748.05, 3748.16,	3883
3929.482, 3929.85, 3931.01, 3955.05, 3960.06, 4117.01, 4121.442,	3884
4167.09, 4167.25, 4167.27, 4731.143, 4741.03, 4755.481, 4981.03,	3885
5123.35, and 5123.352 of the Revised Code are hereby repealed.	3886

Section 3. That Section 4 of Am. Sub. H.B. 516 of the 125th	3887
General Assembly be amended to read as follows:	3888

Sec. 4. The following agencies shall be retained pursuant to	3889
division (D) of section 101.83 of the Revised Code and shall	3890
expire on December 31, 2010:	3891

		REVISED CODE OR			3892
		UNCODIFIED			3893
AGENCY NAME		SECTION			3894

Administrator, Interstate Compact on Mental Health		5119.50		3895
Administrator, Interstate Compact on		5103.20		3896
Placement of Children				3897
Advisory Board of Governor's Office of Faith-Based and Community Initiatives		107.12		3898
Advisory Boards to the EPA for Air Pollution		121.13		3899
Advisory Boards to the EPA for Water Pollution		121.13		3900
Advisory Committee of the State Veterinary Medical Licensing Board		4741.03(D)(3)		3901
Advisory Committee on Livestock Exhibitions		901.71		3902
Advisory Council on Amusement Ride Safety		1711.51		3903
Advisory Board of Directors for Prison Labor		5145.162		3904
Advisory Council for Each Wild, Scenic, or Recreational River Area		1517.18		3905
Advisory Councils or Boards for State Departments		107.18 or 121.13		3906
Advisory Group to the Ohio Water Resources Council		1521.19(C)		3907
Alzheimer's Disease Task Force		173.04(F)		3908
AMBER Alert Advisory Committee		5502.521		3909
Apprenticeship Council		4139.02		3910
Armory Board of Control		5911.09		3911
Automated Title Processing Board		4505.09(C)(1)		3912
Banking Commission		1123.01		3913
Board of Directors of the Ohio Health Reinsurance Program		3924.08		3914
Board of Voting Machine Examiners		3506.05(B)		3915
Board of Tax Appeals		5703.02		3916
Brain Injury Advisory Committee		3304.231		3917
Capitol Square Review and Advisory Board		105.41		3918
Child Support Guideline Advisory Council		3119.024		3919
Children's Trust Fund Board		3109.15		3920
Citizens Advisory Committee (BMV)		4501.025		3921
Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities)		5123.092		3922
Clean Ohio Trail Advisory Board		1519.06		3923
Coastal Resources Advisory Council		1506.12		3924
Commission on African-American Males		4112.12		3925
Commission on Hispanic-Latino Affairs		121.31		3926
Commission on Minority Health		3701.78		3927
Committee on Prescriptive Governance		4723.49		3928
Commodity Advisory Commission		926.32		3929
Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council		5123.353		3930
Community Oversight Council		3311.77		3931
Compassionate Care Task Force		Section 3, H.B. 474, 124th GA		3932
Consumer Advisory Committee to the Rehabilitation Services Commission		3304.24		3933
Continuing Education Committee (for Sheriffs)		109.80		3934
Controlling Board		127.12		3935
Coordinating Committee, Agricultural Commodity Marketing Programs		924.14		3936
Council on Alcohol and Drug Addiction Services		3793.09		3937
Council on Unreclaimed Strip Mined Lands		1513.29		3938
Council to Advise on the Establishment and Implementation of the Birth Defects Information System		3705.34		3939
County Sheriffs' Standard Car-Marking and Uniform Commission		311.25		3940
Credit Union Council		1733.329		3941
Criminal Sentencing Advisory Committee		181.22		3942
Day-Care Advisory Council		5104.08		3943
Dentist Loan Repayment Advisory Board		3702.92		3944
Development Financing Advisory Council		122.40		3945
Education Commission of the States (Interstate Compact for Education)		3301.48		3946
Electrical Safety Inspector Advisory Committee		3783.08		3947
Emergency Response Commission		3750.02		3948
Engineering Experiment Station Advisory Committee		3335.27		3949
Environmental Education Council		3745.21		3950
Environmental Review Appeals Commission		3745.02		3951
EPA Advisory Boards or Councils		121.13		3952
Farmland Preservation Advisory Board		901.23		3953
Financial Planning & Supervision Commission for Municipal Corporation, County, or Township		118.05		3954
Financial Planning & Supervision Commission for School District		3316.05		3955
Forestry Advisory Council		1503.40		3956
Governance Authority for a State University or College		3345.75		3957
Governor's Advisory Council on Physical Fitness, Wellness, & Sports		3701.77		3958
Governor's Council on People with Disabilities		3303.41		3959
Governor's Residence Advisory Commission		107.40		3960
Great Lakes Commission (Great Lakes Basin Compact)		6161.01		3961
Gubernatorial Transition Committee		107.29		3962
Head Start Partnership Study Council		Section 41.35, H.B. 95, 125th GA		3963
Hemophilia Advisory Subcommittee		3701.0210		3964
Housing Trust Fund Advisory Committee		175.25		3965
Industrial Commission Nominating Council		4121.04		3966
Industrial Technology and Enterprise Advisory Council		122.29		3967
Infant Hearing Screening Subcommittee		3701.507		3968
Insurance Agent Education Advisory Council		3905.483		3969
Interagency Council on Hispanic/Latino Affairs		121.32(J)		3970
Interstate Mining Commission (Interstate Mining Compact)		1514.30		3971
Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact)		4981.35		3972
Joint Council on MR/DD		101.37		3973
Joint Select Committee on Volume Cap		133.021		3974
Labor-Management Government Advisory Council		4121.70		3975
Legal Rights Service Commission		5123.60		3976
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research		103.51		3977
Maternal and Child Health Council		3701.025		3978
Medically Handicapped Children's Medical Advisory Council		3701.025		3979
Midwest Interstate Passenger Rail Compact Commission (Ohio members)		4981.361		3980
Military Activation Task Force		5902.15		3981
Milk Sanitation Board		917.03		3982
Mine Subsidence Insurance Governing Board		3929.51		3983
Minority Development Financing Board		122.72		3984
Multi-Agency Radio Communications Systems Steering Committee		Sec. 21, H.B. 790, 120th GA		3985
Multidisciplinary Council		3746.03		3986
Muskingum River Advisory Council		1501.25		3987
National Museum of Afro-American History and Culture Planning Committee		149.303		3988
Nursing Facility Reimbursement Study Council		5111.34		3989
Ohio Advisory Council for the Aging		173.03		3990
Ohio Aerospace & Defense Advisory Council		122.98		3991
Ohio Arts Council		3379.02		3992
Ohio Business Gateway Steering Committee		5703.57		3993
Ohio Cemetery Dispute Resolution Commission		4767.05		3994
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils		4112.04(B)		3995
Ohio Commercial Insurance Joint Underwriting Association Board Of Governors		3930.03		3996
Ohio Commercial Market Assistance Plan Executive Committee		3930.02		3997
Ohio Commission on Dispute Resolution and Conflict Management		179.02		3998
Ohio Commission to Reform Medicaid		Section 59.29, H.B. 95, 125th GA		3999
Ohio Community Service Council		121.40		4000
Ohio Council for Interstate Adult Offender Supervision		5149.22		4001
Ohio Cultural Facilities Commission		3383.02		4002
Ohio Developmental Disabilities Council		5123.35		4003
Ohio Educational Telecommunications Network Commission		3353.02		4004
Ohio Ethics Commission		102.05		4005
Ohio Expositions Commission		991.02		4006
Ohio Family and Children First Cabinet Council		121.37		4007
Ohio Geology Advisory Council		1505.11		4008
Ohio Grape Industries Committee		924.51		4009
Ohio Hepatitis C Advisory Commission		3701.92		4010
Ohio Historic Site Preservation Advisory Board		149.301		4011
Ohio Historical Society Board of Trustees		149.30		4012
Ohio Judicial Conference		105.91		4013
Ohio Lake Erie Commission		1506.21		4014
Ohio Medical Malpractice Commission		Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA		4015
Ohio Medical Quality Foundation		3701.89		4016
Ohio Parks and Recreation Council		1541.40		4017
Ohio Peace Officer Training Commission		109.71		4018
Ohio Public Defender Commission		120.01		4019
Ohio Public Library Information Network Board		Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA		4020
Ohio Public Works Commission		164.02		4021
Ohio Quarter Horse Development Commission		3769.086		4022
Ohio SchoolNet Commission		3301.80		4023
Ohio Small Government Capital Improvements Commission		164.02		4024
Ohio Soil and Water Conservation Commission		1515.02		4025
Ohio Standardbred Development Commission		3769.085		4026
Ohio Steel Industry Advisory Council		122.97		4027
Ohio Teacher Education and Licensure Advisory Council		3319.28(D)		4028
Ohio Thoroughbred Racing Advisory Committee		3769.084		4029
Ohio Tuition Trust Authority		3334.03		4030
Ohio University College of Osteopathic Medicine Advisory Committee		3337.10		4031
Ohio Vendors Representative Committee		3304.34		4032
Ohio War Orphans Scholarship Board		5910.02		4033
Ohio Water Advisory Council		1521.031		4034
Ohio Water Resources Council		1521.19		4035
Ohioana Library Association, Martha Kinney Cooper Memorial		3375.62		4036
Oil and Gas Commission		1509.35		4037
Operating Committee, Agricultural Commodity Marketing Programs		924.07		4038
Organized Crime Investigations Commission		177.01		4039
Parole Board		5149.10		4040
Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services		5111.81		4041
Physician Loan Repayment Advisory Board		3702.81		4042
Power Siting Board		4906.02		4043
Prequalification Review Board		5525.07		4044
Private Water Systems Advisory Council		3701.346		4045
Public Employment Risk Reduction Advisory Commission		4167.02		4046
Public Health Council		3701.33		4047
Public Utilities Commission Nominating Council		4901.021		4048
Public Utility Property Tax Study Committee		5727.85		4049
Radiation Advisory Council		3748.20		4050
Reclamation Commission		1513.05		4051
Recreation and Resources Commission		1501.04		4052
Recycling and Litter Prevention Advisory Council		1502.04		4053
Rehabilitation Services Commission Consumer Advisory Committee		3304.24		4054
Release Authority of Department of Youth Services		5139.50		4055
Savings & Loans Associations & Savings Banks Board		1181.16		4056
Schools and Ministerial Lands Divestiture Committee		501.041		4057
Second Chance Trust Fund Advisory Committee		2108.17		4058
Self-Insuring Employers Evaluation Board		4123.352		4059
Services Committee of the Workers' Compensation System		4121.06		4060
Small Business Stationary Source Technical and Environmental Compliance Assistance Council		3704.19		4061
Solid Waste Management Advisory Council		3734.51		4062
State Agency Coordinating Group		1521.19		4063
State Board of Deposit		135.02		4064
State Board of Emergency Medical Services Subcommittees		4765.04		4065
State Council of Uniform State Laws		105.21		4066
State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities		4115.32		4067
State Criminal Sentencing Commission		181.21		4068
State Employment Relations Board		4117.02		4069
State Fire Commission		3737.81		4070
State Racing Commission		3769.02		4071
State Victims Assistance Advisory Committee		109.91		4072
Student Tuition Recovery Authority		3332.081		4073
Tax Credit Authority		122.17		4074
Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office		1551.35		4075
Technical Advisory Council on Oil and Gas		1509.38		4076
Transportation Review Advisory Council		5512.07		4077
Unemployment Compensation Review Commission		4141.06		4078
Unemployment Compensation Advisory Council		4141.08		4079
Utility Radiological Safety Board		4937.02		4080
Vehicle Management Commission		125.833		4081
Veterans Advisory Committee		5902.02(K)		4082
Volunteer Fire Fighters' Dependents Fund Boards (Private and Public)		146.02		4083
Water and Sewer Commission		1525.11(C)		4084
Waterways Safety Council		1547.73		4085
Wildlife Council		1531.03		4086
Workers' Compensation System Oversight Commission		4121.12		4087
Workers' Compensation Oversight Commission Nominating Committee		4121.123		4088

Section 4. That existing Section 4 of Am. Sub. H.B. 516 of	4089
the 125th General Assembly is hereby repealed.	4090

Section 5. That Section 8 of Am. Sub. S.B. 80 of the 125th	4091
General Assembly is hereby repealed.	4092

Section 6. It is the intent of the General Assembly in	4093
amending sections 101.23, 101.83, 101.84, 101.85, 101.86, 122.011,	4094
122.40, 123.151, 149.56, 307.674, 340.02, 1501.04, 1502.04,	4095
1502.05, 1502.11, 1502.12, 1506.30, 1506.34, 1506.35, 1517.02,	4096
1517.23, 1518.01, 1518.03, 1551.35, 3358.10, 3375.61, 3375.62,	4097
3383.01, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07,	4098
3383.08, 3383.09, 3746.09, 3746.35, 3747.02, 3748.01, 3748.02,	4099
3748.04, 3748.05, 3748.16, 3929.482, 3929.85, 3931.01, 3955.05,	4100
3960.06, 4117.01, 4121.442, 4167.09, 4167.25, 4167.27, 4731.143,	4101
4741.03, 4755.481, 4981.03, 5123.35, and 5123.352 of the Revised	4102
Code in this act to confirm the amendments to those sections and	4103
the resulting versions of those sections that took effect on	4104
December 30, 2004, in accordance with Section 10 of Am. Sub. H.B.	4105
516 of the 125th General Assembly. It also is the intent of the	4106
General Assembly, in part, in amending Section 4 of Am. Sub. H.B.	4107
516 of the 125th General Assembly in this act to confirm the text	4108
of that uncodified section of law as it took effect on December	4109
30, 2004, in accordance with Section 10 of Am. Sub. H.B. 516 of	4110
the 125th General Assembly. This act does not affect, and shall	4111
not be construed as affecting, the other amendments, enactments,	4112
or repeals of codified or uncodified law made by Am. Sub. H.B. 516	4113
of the 125th General Assembly which took effect on December 30,	4114
2004, in accordance with Section 10 of that legislation, all of	4115
which it is the intent of the General Assembly to confirm in this	4116
act, including, but not limited to, the following amendments,	4117
enactments, or repeals pertaining to the implementation of the	4118
report of the Sunset Review Committee and related purposes set	4119
forth in Am. Sub. H.B. 516's title: the amendments to sections	4120
122.133, 164.07, 1517.05, 2505.02, 3746.04, 3929.682, and 4582.12	4121
of the Revised Code, the repeals of sections 122.09, 125.24,	4122
149.32, 149.321, 149.322, 1502.10, 1506.37, 1517.03, 1517.04,	4123
3354.161, 3355.121, 3357.161, 3375.47, 3746.08, 3747.04, 3747.05,	4124
3747.06, 3747.061, 3747.07, 3747.08, 3747.09, 3747.10, 3747.11,	4125
3747.12, 3747.13, 3747.14, 3747.15, 3747.16, 3747.17, 3747.18,	4126
3747.19, 3747.20, 3747.21, 3747.22, 3748.09, 3929.71, 3929.72,	4127
3929.721, 3929.73, 3929.75, 3929.76, 3929.77, 3929.78, 3929.79,	4128
3929.80, 3929.81, 3929.82, 3929.83, 3929.84, 4121.443, 4167.26,	4129
5101.93, 5119.81, 5119.82, and 5123.353 of the Revised Code, the	4130
enactments of uncodified law in its Sections 3, 6, 9, 10, 11, and	4131
12, and the repeals of Section 6 of Am. Sub. S.B. 163 of the 124th	4132
General Assembly, Section 6 of Sub. S.B. 27 of the 124th General	4133
Assembly, Section 10 of Sub. H.B. 548 of the 123rd General	4134
Assembly, Section 3 of Am. H.B. 280 of the 121st General Assembly,	4135
Section 27 of Sub. H.B. 670 of the 121st General Assembly, Section	4136
3 of Am. S.B. 208 of the 120th General Assembly, and Section 3 of	4137
Sub. H.B. 508 of the 119th General Assembly. The General Assembly,	4138
thus, further declares this section and the related provisions of	4139
Sections 1 and 3 of this act to be remedial legislation solely	4140
intended to confirm the operation on and after December 30, 2004,	4141
of the amendments, enactments, and repeals of codified and	4142
uncodified law made by Am. Sub. H.B. 516 of the 125th General	4143
Assembly.	4144

Section 7. This act is hereby declared to be an emergency	4145
measure necessary for the immediate preservation of the public	4146
peace, health, and safety. The reason for the necessity is that a	4147
plethora of state governmental entities require confirmation that	4148
the changes made by Am. Sub. H.B. 516 of the 125th General	4149
Assembly pertaining to their continued existence under the sunset	4150
review law took effect on December 30, 2004. Therefore, this act	4151
shall go into immediate effect.	4152