Sub. S. B. No. 126 As Passed by the House

Senators Wachtmann, Stivers

Representatives Cassell, Combs, Daniels, DeBose, Evans, C., Luckie, Seaver, Smith, G., White, J.

A BILL

To amend sections 133.07, 140.03, 140.05, 325.19, 1
339.01, 339.02, 339.03, 339.06, 339.09, 339.091, 2
339.14, 339.16, 339.17, 1347.12, 1349.19, 4723.01, 3
and 4723.32 and to repeal section 339.092 of the 4
Revised Code to modify the laws governing county 5
hospitals and licensed practical nurse duties and 6
to exempt a state agency or agency of a political 7
subdivision from the requirement that it disclose 8
or give notice of unauthorized access to personal 9
information if the agency is a covered entity 10
under the Health Insurance Portability and 11
Accountability Act of 1996. 12

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

       Section 1. That sections 133.07, 140.03, 140.05, 325.19, 13
339.01, 339.02, 339.03, 339.06, 339.09, 339.091, 339.14, 339.16, 14
339.17, 1347.12, 1349.19, 4723.01, and 4723.32 of the Revised Code 15
be amended to read as follows: 16

       Sec. 133.07. (A) A county shall not incur, without a vote of 17
the electors, either of the following: 18

       (1) Net indebtedness for all purposes that exceeds an amount 19
equal to one per cent of its tax valuation; 20

       (2) Net indebtedness for the purpose of paying the county's 21
share of the cost of the construction, improvement, maintenance, 22
or repair of state highways that exceeds an amount equal to 23
one-half of one per cent of its tax valuation. 24

       (B) A county shall not incur total net indebtedness that 25
exceeds an amount equal to one of the following limitations that 26
applies to the county: 27

       (1) A county with a valuation not exceeding one hundred 28
million dollars, three per cent of that tax valuation; 29

       (2) A county with a tax valuation exceeding one hundred 30
million dollars but not exceeding three hundred million dollars, 31
three million dollars plus one and one-half per cent of that tax 32
valuation in excess of one hundred million dollars; 33

       (3) A county with a tax valuation exceeding three hundred 34
million dollars, six million dollars plus two and one-half per 35
cent of that tax valuation in excess of three hundred million 36
dollars. 37

       (C) In calculating the net indebtedness of a county, none of 38
the following securities shall be considered: 39

       (1) Securities described in section 307.201 of the Revised 40
Code; 41

       (2) Self-supporting securities issued for any purposes, 42
including, but not limited to, any of the following general 43
purposes: 44

       (a) Water systems or facilities; 45

       (b) Sanitary sewerage systems or facilities, or surface and 46
storm water drainage and sewerage systems or facilities, or a 47
combination of those systems or facilities; 48

       (c) County or joint county scrap tire collection, storage, 49
monocell, monofill, or recovery facilities, or any combination of 50
those facilities; 51

       (d) Off-street parking lots, facilities, or buildings, or 52
on-street parking facilities, or any combination of off-street and 53
on-street parking facilities; 54

       (e) Facilities for the care or treatment of the sick or 55
infirm, and for housing the persons providing that care or 56
treatment and their families; 57

       (f) Recreational, sports, convention, auditorium, museum, 58
trade show, and other public attraction facilities; 59

       (g) Facilities for natural resources exploration, 60
development, recovery, use, and sale; 61

       (h) Correctional and detention facilities and related 62
rehabilitation facilities. 63

       (3) Securities issued for the purpose of purchasing, 64
constructing, improving, or extending water or sanitary or surface 65
and storm water sewerage systems or facilities, or a combination 66
of those systems or facilities, to the extent that an agreement 67
entered into with another subdivision requires the other 68
subdivision to pay to the county amounts equivalent to debt 69
charges on the securities; 70

       (4) Voted general obligation securities issued for the 71
purpose of permanent improvements for sanitary sewerage or water 72
systems or facilities to the extent that the total principal 73
amount of voted securities outstanding for the purpose does not 74
exceed an amount equal to two per cent of the county's tax 75
valuation; 76

       (5) Securities issued for permanent improvements to house 77
agencies, departments, boards, or commissions of the county or of 78
any municipal corporation located, in whole or in part, in the 79
county, to the extent that the revenues, other than revenues from 80
unvoted county property taxes, derived from leases or other 81
agreements between the county and those agencies, departments, 82
boards, commissions, or municipal corporations relating to the use 83
of the permanent improvements are sufficient to cover the cost of 84
all operating expenses of the permanent improvements paid by the 85
county and debt charges on the securities; 86

       (6) Securities issued pursuant to section 133.08 of the 87
Revised Code; 88

       (7) Securities issued for the purpose of acquiring or 89
constructing roads, highways, bridges, or viaducts, for the 90
purpose of acquiring or making other highway permanent 91
improvements, or for the purpose of procuring and maintaining 92
computer systems for the office of the clerk of any 93
county-operated municipal court, for the office of the clerk of 94
the court of common pleas, or for the office of the clerk of the 95
probate, juvenile, or domestic relations division of the court of 96
common pleas to the extent that the legislation authorizing the 97
issuance of the securities includes a covenant to appropriate from 98
moneys distributed to the county pursuant to division (B) of 99
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or 100
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a 101
sufficient amount to cover debt charges on and financing costs 102
relating to the securities as they become due; 103

       (8) Securities issued for the purpose of acquiring, 104
constructing, improving, and equipping a county, multicounty, or 105
multicounty-municipal jail, workhouse, juvenile detention 106
facility, or correctional facility; 107

       (9) Securities issued for the acquisition, construction, 108
equipping, or repair of any permanent improvement or any class or 109
group of permanent improvements enumerated in a resolution adopted 110
pursuant to division (D) of section 5739.026 of the Revised Code 111
to the extent that the legislation authorizing the issuance of the 112
securities includes a covenant to appropriate from moneys received 113
from the taxes authorized under section 5739.023 and division 114
(A)(5) of section 5739.026 of the Revised Code an amount 115
sufficient to pay debt charges on the securities and those moneys 116
shall be pledged for that purpose; 117

       (10) Securities issued for county or joint county solid waste 118
or hazardous waste collection, transfer, or disposal facilities, 119
or resource recovery and solid or hazardous waste recycling 120
facilities, or any combination of those facilities; 121

       (11) Securities issued for the acquisition, construction, and 122
equipping of a port authority educational and cultural facility 123
under section 307.671 of the Revised Code; 124

       (12) Securities issued for the acquisition, construction, 125
equipping, and improving of a municipal educational and cultural 126
facility under division (B)(1) of section 307.672 of the Revised 127
Code; 128

       (13) Securities issued for energy conservation measures under 129
section 307.041 of the Revised Code; 130

       (14) Securities issued for the acquisition, construction, 131
equipping, improving, or repair of a sports facility, including 132
obligations issued to pay costs of a sports facility under section 133
307.673 of the Revised Code; 134

       (15) Securities issued under section 755.17 of the Revised 135
Code if the legislation authorizing issuance of the securities 136
includes a covenant to appropriate from revenue received from a 137
tax authorized under division (A)(5) of section 5739.026 and 138
section 5741.023 of the Revised Code an amount sufficient to pay 139
debt charges on the securities, and the board of county 140
commissioners pledges that revenue for that purpose, pursuant to 141
section 755.171 of the Revised Code; 142

       (16) Sales tax supported bonds issued pursuant to section 143
133.081 of the Revised Code for the purpose of acquiring, 144
constructing, improving, or equipping any permanent improvement to 145
the extent that the legislation authorizing the issuance of the 146
sales tax supported bonds pledges county sales taxes to the 147
payment of debt charges on the sales tax supported bonds and 148
contains a covenant to appropriate from county sales taxes a 149
sufficient amount to cover debt charges or the financing costs 150
related to the sales tax supported bonds as they become due; 151

       (17) Bonds or notes issued under section 133.60 of the 152
Revised Code if the legislation authorizing issuance of the bonds 153
or notes includes a covenant to appropriate from revenue received 154
from a tax authorized under division (A)(9) of section 5739.026 155
and section 5741.023 of the Revised Code an amount sufficient to 156
pay the debt charges on the bonds or notes, and the board of 157
county commissioners pledges that revenue for that purpose; 158

       (18) Securities issued under section 3707.55 of the Revised 159
Code for the acquisition of real property by a general health 160
district; 161

       (19) Securities issued under division (A)(3) of section 162
3313.37 of the Revised Code for the acquisition of real and 163
personal property by an educational service center. 164

       (D) In calculating the net indebtedness of a county, no 165
obligation incurred under division ~~(D)~~(F) of section 339.06 of the 166
Revised Code shall be considered. 167

       Sec. 140.03. (A) Two or more hospital agencies may enter 168
into agreements for the acquisition, construction, reconstruction, 169
rehabilitation, remodeling, renovating, enlarging, equipping, and 170
furnishing of hospital facilities, or the management, operation, 171
occupancy, use, maintenance, and repair of hospital facilities, or 172
for participation in programs, projects, activities, and services 173
useful to, connected with, supplementing, or otherwise related to 174
the services provided by, or the operation of, hospital facilities 175
operated by one or more participating hospital agencies, including 176
any combination of such purposes, all in such manner as to promote 177
the public purpose stated in section 140.02 of the Revised Code. A 178
city health district; general health district; board of alcohol, 179
drug addiction, and mental health services; county board of mental 180
retardation and developmental disabilities; the department of 181
mental health; the department of mental retardation and 182
developmental disabilities; or any public body engaged in the 183
education or training of health professions personnel may join in 184
any such agreement for purposes related to its authority under 185
laws applicable to it, and as such a participant shall be 186
considered a public hospital agency or hospital agency for the 187
purposes of this section. 188

       (B) An agreement entered into under authority of this section 189
shall, where appropriate, provide for: 190

       (1) The manner in which the title to the hospital facilities, 191
including the sites and interest in real estate pertaining 192
thereto, is to be held, transferred, or disposed of; 193

       (2) Unless provided for by lease pursuant to section 140.05 194
of the Revised Code, the method by which such hospital facilities 195
are to be acquired, constructed, or otherwise improved and by 196
which they shall be managed, occupied, maintained, and repaired, 197
including the designation of one of the hospital agencies to have 198
charge of the details of acquisition, construction, or improvement 199
pursuant to the contracting procedures prescribed under the law 200
applicable to one of the participating public hospital agencies; 201

       (3) The management or administration of any such programs, 202
projects, activities, or services, which may include management or 203
administration by one of said hospital agencies or a board or 204
agency thereof; 205

       (4) Annual, or more frequent, reports to the participating 206
hospital agencies as to the revenues and receipts pertaining to 207
the subject of the agreement, the expenditures thereof, the status 208
and application of other funds contributed under such agreement, 209
and such other matters as may be specified by or pursuant to such 210
agreement; 211

       (5) The manner of apportionment or sharing of costs of 212
hospital facilities, any other applicable costs of management, 213
operation, maintenance, and repair of hospital facilities, and 214
costs for the programs, projects, activities, and services forming 215
the subject of the agreement, which apportionment or sharing may 216
be prescribed in fixed amounts, or determined by ratios, formulas, 217
or otherwise, and paid as service charges, rentals, or in such 218
other manner as provided in the agreement, and may include amounts 219
sufficient to meet the bond service charges and other payments and 220
deposits required under the bond proceedings for obligations 221
issued to pay costs of hospital facilities. A hospital agency may 222
commit itself to make such payments at least for so long as any 223
such obligations are outstanding. In the apportionment, different 224
classes of costs or expenses may be apportioned to one or more, 225
all or less than all, of the participating hospital agencies as 226
determined under such agreement. 227

       (C) An agreement entered into under authority of this section 228
may provide for: 229

       (1) An orderly process for making determinations or advising 230
as to planning, execution, implementation, and operation, which 231
may include designating one of the hospital agencies, or a board 232
thereof, for any of such purposes, provisions for a committee, 233
board, or commission, and for representation thereon, or as may 234
otherwise be provided; 235

       (2) Securing necessary personnel, including participation of 236
personnel from the respective hospital agencies; 237

       (3) Standards or conditions for the admission or 238
participation of patients and physicians; 239

       (4) Conditions for admittance of other hospital agencies to 240
participation under the agreement; 241

       (5) Fixing or establishing the method of determining charges 242
to be made for particular services; 243

       (6) The manner of amending, supplementing, terminating, or 244
withdrawal or removal of any party from, the agreement, and the 245
term of the agreement, or an indefinite term; 246

       (7) Designation of the applicants for or recipients of any 247
federal, state, or other aid, assistance, or loans available by 248
reason of any activities conducted under the agreement; 249

       (8) Designation of one or more of the participating hospital 250
agencies to maintain, prepare, and submit, on behalf of all 251
parties to the agreement, any or all records and reports with 252
regard to the activities conducted under the agreement; 253

       (9) Any incidental use of the hospital facilities, or 254
services thereof, by participating public hospital agencies for 255
any of their lawful purposes, which incidental use does not impair 256
the character of the facilities as hospital facilities for any 257
purpose of this chapter; 258

       (10) Such other matters as the parties thereto may agree upon 259
for the purposes of division (A) of this section. 260

       (D) For the purpose of paying or contributing its share under 261
an agreement made under this section, a public hospital agency 262
may: 263

       (1) Expend any moneys from its general fund, and from any 264
other funds not otherwise restricted by law, but including funds 265
for permanent improvements of hospital facilities of such public 266
hospital agency where the contribution is to be made toward the 267
costs of hospital facilities under the agreement, and including 268
funds derived from levies for, or receipts available for, 269
operating expenses of hospital facilities or services of such 270
public hospital agency where the contribution or payment is to be 271
made toward operating expenses of the hospital facilities or 272
services under the agreement or for the services provided thereby; 273

       (2) Issue obligations under Chapter 133. or ~~sections~~section 274
140.06, 339.14, 339.15, 513.12, or 3345.12 of the Revised Code, or 275
Section 3 of Article XVIII, Ohio Constitution, if applicable to 276
such public hospital agency, to pay costs of hospital facilities, 277
or issue obligations under any other provision of law authorizing 278
such public hospital agency to issue obligations for any costs of 279
hospital facilities; 280

       (3) Levy taxes under Chapter 5705. or section 513.13 or 281
3709.29 of the Revised Code, if applicable to such public hospital 282
agency, provided that the purpose of such levy may include the 283
provision of funds for either or both permanent improvements and 284
current expenses if required for the contribution or payment of 285
such hospital agency under such agreement, and each such public 286
hospital agency may issue notes in anticipation of any such levy, 287
pursuant to the procedures provided in section 5705.191 of the 288
Revised Code if the levy is solely for current expenses, and in 289
section 5705.193 of the Revised Code if the levy is all or in part 290
for permanent improvements; 291

       (4) Contribute real and personal property or interest therein 292
without necessity for competitive bidding or public auction on 293
disposition of such property. 294

       (E) Any funds provided by public hospital agencies that are 295
parties to an agreement entered into under this section shall be 296
transferred to and placed in a separate fund or funds of such 297
participating public hospital agency as is designated under the 298
agreement. The funds shall be applied for the purposes provided in 299
such agreement and are subject to audit. Pursuant to any 300
determinations to be made under such agreement, the funds shall be 301
deposited, invested, and disbursed under the provisions of law 302
applicable to the public hospital agency in whose custody the 303
funds are held. This division is subject to the provisions of any 304
applicable bond proceedings under section 133.08, 140.06, 339.15, 305
or 3345.12 of the Revised Code or Section 3 of Article XVIII, Ohio 306
Constitution. The records and reports of such public hospital 307
agency under Chapter 117. of the Revised Code and sections 3702.51 308
to 3702.62 of the Revised Code, with respect to the funds shall be 309
sufficient without necessity for reports thereon by the other 310
public hospital agencies participating under such agreement. 311

       (F)(1) Prior to its entry into any such agreement, the public 312
hospital agency must determine, and set forth in a resolution or 313
ordinance, that the contribution to be made by it under such 314
agreement will be fair consideration for value and benefit to be 315
derived by it under such agreement and that the agreement will 316
promote the public purpose stated in section 140.02 of the Revised 317
Code. 318

       (2) If the agreement is with a board of county commissioners, 319
board of county hospital trustees, or county hospital commission 320
and is an initial agreement for the acquisition or operation of a 321
county hospital operated by a board of county hospital trustees 322
under section 339.06 of the Revised Code, the governing body of 323
the public hospital agency shall submit the agreement, accompanied 324
by the resolution or ordinance, to the board of county 325
commissioners for review pursuant to section 339.091 of the 326
Revised Code. IfThe agreement may be entered into only if the 327
board of county commissioners adopts a resolution under that 328
section~~, it shall submit the resolution to the electors of the~~ 329
~~county pursuant to section 339.092 of the Revised Code~~. The 330
requirements of division (F)(2) of this section do not apply to 331
the agreement if one or more hospitals classified as general 332
hospitals by the public health council under section 3701.07 of 333
the Revised Code are operating in the same county as the county 334
hospital. 335

       Sec. 140.05. (A)(1) A public hospital agency may lease any 336
hospital facility to one or more hospital agencies for use as a 337
hospital facility, or to one or more city or general health 338
districts; boards of alcohol, drug addiction, and mental health 339
services; county boards of mental retardation and developmental 340
disabilities; the department of mental health; or the department 341
of mental retardation and developmental disabilities, for uses 342
which they are authorized to make thereof under the laws 343
applicable to them, or any combination of them, and they may lease 344
such facilities to or from a hospital agency for such uses, upon 345
such terms and conditions as are agreed upon by the parties. Such 346
lease may be for a term of fifty years or less and may provide for 347
an option of the lessee to renew for a term of fifty years or 348
less, as therein set forth. Prior to entering into such lease, the 349
governing body of any public hospital agency granting such lease 350
must determine, and set forth in a resolution or ordinance, that 351
such lease will promote the public purpose stated in section 352
140.02 of the Revised Code and that the lessor public hospital 353
agency will be duly benefited thereby. 354

       (2) If the lease is with a board of county commissioners, 355
board of county hospital trustees, or county hospital commission 356
and is an agreement for the initial lease of a county hospital 357
operated by a board of county hospital trustees under section 358
339.06 of the Revised Code, the governing body of the public 359
hospital agency shall submit the agreement, accompanied by the 360
resolution or ordinance, to the board of county commissioners for 361
review pursuant to section 339.091 of the Revised Code. IfThe 362
agreement may be entered into only if the board of county 363
commissioners adopts a resolution under that section~~, it shall~~ 364
~~submit the resolution to the electors of the county pursuant to~~ 365
~~section 339.092 of the Revised Code~~. The requirements of division 366
(A)(2) of this section do not apply to the lease if one or more 367
hospitals classified as general hospitals by the public health 368
council under section 3701.07 of the Revised Code are operating in 369
the same county as the county hospital. 370

       (B) Any lease entered into pursuant to this section shall 371
provide that in the event that the lessee fails faithfully and 372
efficiently to administer, maintain, and operate such leased 373
facilities as hospital facilities, or fails to provide the 374
services thereof without regard to race, creed, color, or national 375
origin, or fails to require that any hospital agency using such 376
facilities or the services thereof shall not discriminate by 377
reason of race, creed, color, or national origin, after an 378
opportunity to be heard upon written charges, said lease may be 379
terminated at the time, in the manner and with consequences 380
therein provided. If any such lease does not contain terms to the 381
effect provided in this division, it shall nevertheless be deemed 382
to contain such terms which shall be implemented as determined by 383
the governing body of the lessor. 384

       (C) Such lease may provide for rentals commencing at any time 385
agreed upon, or advance rental, and continuing for such period 386
therein provided, notwithstanding and without diminution, rebate, 387
or setoff by reason of time of availability of the hospital 388
facility for use, delays in construction, failure of completion, 389
damage or destruction of the hospital facilities, or for any other 390
reason. 391

       (D) Such lease may provide for the sale or transfer of title 392
of the leased facilities pursuant to an option to purchase, 393
lease-purchase, or installment purchase upon terms therein 394
provided or to be determined as therein provided, which may 395
include provision for the continued use thereof as a hospital 396
facility for some reasonable period, taking into account efficient 397
useful life and other factors, as is provided therein. 398

       (E) Such lease may be entered as part of or in connection 399
with an agreement pursuant to section 140.03 of the Revised Code. 400
Any hospital facilities which are the subject of an agreement 401
entered into under section 140.03 of the Revised Code may be 402
leased pursuant to this section. 403

       (F) If land acquired by a public hospital agency for a 404
hospital facility is adjacent to an existing hospital facility 405
owned by another hospital agency, the public hospital agency may, 406
in connection with such acquisition or the leasing of such land 407
and hospital facilities thereon to one or more hospital agencies, 408
enter into an agreement with the hospital agency which owns such 409
adjacent hospital facility for the use of common walls in the 410
construction, operation, or maintenance of hospital facilities of 411
the public hospital agency. For the purpose of construction, 412
operation, or maintenance of hospital facilities, a public 413
hospital agency may acquire by purchase, gift, lease, lease with 414
option to purchase, lease-purchase, or installment purchase, 415
easement deed, or other agreement, real estate and interests in 416
real estate, including rights to use space over, under or upon 417
real property owned by others, and support, access, common wall, 418
and other rights in connection therewith. Any public hospital 419
agency or other political subdivision or any public agency, board, 420
commission, institution, body, or instrumentality may grant such 421
real estate, interests, or rights to any hospital agency upon such 422
terms as are agreed upon without necessity for competitive bidding 423
or public auction. 424

       Sec. 325.19. (A)(1) The granting of vacation leave under 425
division (A)(1) of this section is subject to divisions (A)(2) and 426
(3) of this section. Each full-time employee in the several 427
offices and departments of the county service, including full-time 428
hourly rate employees, after service of one year with the county 429
or any political subdivision of the state, shall have earned and 430
will be due upon the attainment of the first year of employment, 431
and annually thereafter, eighty hours of vacation leave with full 432
pay. One year of service shall be computed on the basis of 433
twenty-six biweekly pay periods. A full-time county employee with 434
eight or more years of service with the county or any political 435
subdivision of the state shall have earned and is entitled to one 436
hundred twenty hours of vacation leave with full pay. A full-time 437
county employee with fifteen or more years of service with the 438
county or any political subdivision of the state shall have earned 439
and is entitled to one hundred sixty hours of vacation leave with 440
full pay. A full-time county employee with twenty-five years of 441
service with the county or any political subdivision of the state 442
shall have earned and is entitled to two hundred hours of vacation 443
leave with full pay. Such vacation leave shall accrue to the 444
employee at the rate of three and one-tenth hours each biweekly 445
period for those entitled to eighty hours per year; four and 446
six-tenths hours each biweekly period for those entitled to one 447
hundred twenty hours per year; six and two-tenths hours each 448
biweekly period for those entitled to one hundred sixty hours per 449
year; and seven and seven-tenths hours each biweekly period for 450
those entitled to two hundred hours per year. 451

       The appointing authorities of the offices and departments of 452
the county service may permit all or any part of a person's prior 453
service with any regional council of government established in 454
accordance with Chapter 167. of the Revised Code to be considered 455
service with the county or a political subdivision of the state 456
for the purpose of determining years of service under this 457
division. 458

       (2) Full-time employees granted vacation leave under division 459
(A)(1) of this section who render any standard of service other 460
than forty hours per week as described in division (J) of this 461
section and who are in active pay status in a biweekly pay period, 462
shall accrue a number of hours of vacation leave during each such 463
pay period that bears the same ratio to the number of hours 464
specified in division (A)(1) of this section as their number of 465
hours which are accepted as full-time in active pay status, 466
excluding overtime hours, bears to eighty hours. 467

       (3) Full-time employees granted vacation leave under division 468
(A)(1) of this section who are in active pay status in a biweekly 469
pay period for less than eighty hours or the number of hours of 470
service otherwise accepted as full-time by their employing office 471
or department shall accrue a number of hours of vacation leave 472
during that pay period that bears the same ratio to the number of 473
hours specified in division (A)(1) of this section as their number 474
of hours in active pay status, excluding overtime hours, bears to 475
eighty or the number of hours of service accepted as full-time, 476
whichever is applicable. 477

       (B) A board of county commissioners, by resolution, may grant 478
vacation leave with full pay to part-time county employees. A 479
part-time county employee shall be eligible for vacation leave 480
with full pay upon the attainment of the first year of employment, 481
and annually thereafter. The ratio between the hours worked and 482
the vacation hours awarded to a part-time employee shall be the 483
same as the ratio between the hours worked and the vacation hours 484
earned by a full-time employee as provided for in this section. 485

       (C) Days specified as holidays in section 124.19 of the 486
Revised Code shall not be charged to an employee's vacation leave. 487
Vacation leave shall be taken by the employee during the year in 488
which it accrued and prior to the next recurrence of the 489
anniversary date of the employee's employment, provided the 490
appointing authority may, in special and meritorious cases, permit 491
such employee to accumulate and carry over the employee's vacation 492
leave to the following year. No vacation leave shall be carried 493
over for more than three years. An employee is entitled to 494
compensation, at the employee's current rate of pay, for the 495
prorated portion of any earned but unused vacation leave for the 496
current year to the employee's credit at time of separation, and 497
in addition shall be compensated for any unused vacation leave 498
accrued to the employee's credit, with the permission of the 499
appointing authority, for the three years immediately preceding 500
the last anniversary date of employment. 501

       (D)(1) In addition to vacation leave, a full-time county 502
employee is entitled to eight hours of holiday pay for New Year's 503
day, Martin Luther King day, Washington-Lincoln day, Memorial day, 504
Independence day, Labor day, Columbus day, Veterans' day, 505
Thanksgiving day, and Christmas day, of each year. Except as 506
provided in division (D)(2) of this section, holidays shall occur 507
on the days specified in section 1.14 of the Revised Code. If any 508
of those holidays fall on Saturday, the Friday immediately 509
preceding shall be observed as the holiday. If any of those 510
holidays fall on Sunday, the Monday immediately succeeding shall 511
be observed as the holiday. If an employee's work schedule is 512
other than Monday through Friday, the employee is entitled to 513
holiday pay for holidays observed on the employee's day off 514
regardless of the day of the week on which they are observed. 515

       (2)(a) When a classified employee of a county board of mental 516
retardation and developmental disabilities works at a site 517
maintained by a government entity other than the board, such as a 518
public school, the board may adjust the employee's holiday 519
schedule to conform to the schedule adopted by the government 520
entity. Under an adjusted holiday schedule, an employee shall 521
receive the number of hours of holiday pay granted under division 522
(D)(1) of this section. 523

       (b) Pursuant to division ~~(H)~~(J)(6) of section 339.06 of the 524
Revised Code, a county hospital may observe Martin Luther King 525
day, Washington-Lincoln day, Columbus day, and Veterans' day on 526
days other than those specified in section 1.14 of the Revised 527
Code. 528

       (E) In the case of the death of a county employee, the unused 529
vacation leave and unpaid overtime to the credit of any such 530
employee shall be paid in accordance with section 2113.04 of the 531
Revised Code, or to the employee's estate. 532

       (F) Notwithstanding this section or any other section of the 533
Revised Code, any appointing authority of a county office, 534
department, commission, board, or body may, upon notification to 535
the board of county commissioners, establish alternative schedules 536
of vacation leave and holidays for employees of the appointing 537
authority for whom the state employment relations board has not 538
established an appropriate bargaining unit pursuant to section 539
4117.06 of the Revised Code, provided that the alternative 540
schedules are not inconsistent with the provisions of a collective 541
bargaining agreement covering other employees of that appointing 542
authority. 543

       (G) The employees of a county children services board that 544
establishes vacation benefits under section 5153.12 of the Revised 545
Code are exempt from division (A) of this section. 546

       (H) The provisions of this section do not apply to 547
superintendents and management employees of county boards of 548
mental retardation and developmental disabilities. 549

       (I) Division (A) of this section does not apply to an 550
employee of a county board of mental retardation and developmental 551
disabilities who works at, or provides transportation services to 552
pupils of, a special education program provided by the county 553
board pursuant to division (A)(4) of section 5126.05 of the 554
Revised Code, if the employee's employment is based on a school 555
year and the employee is not subject to a contract with the county 556
board that provides for division (A) of this section to apply to 557
the employee. 558

       (J) As used in this section: 559

       (1) "Full-time employee" means an employee whose regular 560
hours of service for a county total forty hours per week, or who 561
renders any other standard of service accepted as full-time by an 562
office, department, or agency of county service. 563

       (2) "Part-time employee" means an employee whose regular 564
hours of service for a county total less than forty hours per 565
week, or who renders any other standard of service accepted as 566
part-time by an office, department, or agency of county service, 567
and whose hours of county service total at least five hundred 568
twenty hours annually. 569

       (3) "Management employee" has the same meaning as in section 570
5126.20 of the Revised Code. 571

       Sec. 339.01. (A) As used in sections 339.01 to 339.17 of the 572
Revised Code: 573

       (1) "Hospital facilities" has the meaning given in section 574
140.01 of the Revised Code. 575

       (2) "County hospital" includes all of the county hospital's 576
branches and hospital facilities, wherever located. 577

       (3) "Outpatient health facility" means a facility where 578
medical care and preventive, diagnostic, therapeutic, 579
rehabilitative, or palliative items or services are provided to 580
outpatients by or under the direction of a physician or dentist. 581

       (B) A board of county commissioners may purchase, acquire, 582
lease, appropriate, and construct a county hospital or hospital 583
facilities thereof. After a county hospital or hospital facilities 584
have been fully completed and sufficiently equipped for occupancy, 585
any subsequent improvements, enlargements, or rebuilding of any 586
such facility shall be made by the board of county hospital 587
trustees or a hospital commission appointed pursuant to section 588
339.14 of the Revised Code. 589

       (C)(1) A board of county commissioners, board of county 590
hospital trustees, or hospital commission may purchase, acquire, 591
lease, appropriate, or construct an outpatient health facility in 592
another county to serve as a branch of the county hospital. The 593
outpatient health facility may include office space for 594
physicians. The facility shall be operated pursuant to the law 595
that regulates the operation of the county hospital. A 596

       (2) When a proposal to establish an outpatient health 597
facility in another county is made by a board of hospital trustees 598
or a hospital commission, all of the following apply: 599

       (a) The board of county hospital trustees or a hospital 600
commission ~~that proposes to establish such a facility~~ shall give 601
written notice to its board of county commissioners and to the 602
board of county commissioners of the county where the facility is 603
to be located. The board of county commissioners where the 604
facility is to be located, by resolution adopted within forty days 605
after receipt of the notice, may object to the proposed facility. 606
The resolution shall include an explanation of the objection and 607
may make any recommendations the board considers necessary. The 608
board shall send a copy of the resolution to the board of county 609
hospital trustees or the hospital commission and to the board of 610
county commissioners of the county that proposes to locate the 611
facility in the other county. 612

       ~~(2)~~(b) Except as provided in division (C)~~(3)~~(2)(c) of this 613
section, the board of county hospital trustees or the hospital 614
commission may establish and operate the facility, unless the 615
board of county commissioners of the county proposing to locate 616
the facility in the other county, not later than twenty days after 617
receiving a resolution of objection from the other county's board 618
of county commissioners pursuant to division (C)~~(1)~~(2)(a) of this 619
section, adopts a resolution denying the trustees or commission 620
the right to establish the facility. 621

       ~~(3)~~(c) If a board of county commissioners provides a subsidy 622
for uncompensated care to a board of county hospital trustees or 623
hospital commission, the board of county hospital trustees or 624
hospital commission may establish and operate the outpatient 625
health facility only if that board of county commissioners 626
approves the establishment of the facility. 627

       (D) A county hospital may be designated as a monument to 628
commemorate the services of the soldiers, sailors, marines, and 629
pioneers of the county. 630

       Sec. 339.02. (A) As used in this section, "area served by 631
the hospital" means the geographic area, whether or not included 632
within the county, from which a county hospital regularly draws 633
patients. 634

       (B) Unless a board of county hospital trustees for the county 635
is in existence in accordance with this section, such board shall 636
be created pursuant to this section after the board of county 637
commissioners first determines by resolution to establish a county 638
hospital. Copies of such resolution shall be certified to the 639
probate judge of the county senior in point of service and to the 640
judge, other than a probate judge, of the court of common pleas of 641
the county senior in point of service. The 642

       ~~(C) The~~ board of county commissioners together with the 643
probate judge of the county senior in point of service and the 644
judge of the court of common pleas of the county senior in point 645
of service shall, within ten days after such certification, 646
appoint a board of county hospital trustees. 647

       ~~The~~(C) In making appointments to a board of county hospital 648
trustees, all of the following apply with respect to the 649
individuals who may be appointed: 650

       (1) Members shall be electors of the area served by the 651
hospital, except that not more than two members may be electors of 652
the area served by the hospital that is outside the county in 653
which the hospital is located. 654

       (2) In no case shall more than one-half of the members be 655
independents or be members of any one political party. 656

       (3) A physician may serve as a member, including a physician 657
who is authorized to admit and treat patients at the hospital, 658
except as follows: 659

       (a) Not more than two physicians may serve as members at the 660
same time; 661

       (b) No physician who is employed by the hospital may serve as 662
a member. 663

       (D) A board of county hospital trustees shall be composed of 664
six ~~electors of the area served by the hospital~~members, unless 665
the board of county commissioners determines that the board of 666
trustees can more effectively function with eight or ten ~~trustees~~ 667
members in which case there may be eight or ten ~~trustees~~members, 668
as designated by the board of county commissioners. 669

       (E) With respect to the initial appointment of members to a 670
board of county hospital trustees, all of the following apply: 671

       (1) When the board ~~of trustees~~ is composed of six ~~electors~~ 672
members, their terms of office shall be: one for one year, one for 673
two years, one for three years, one for four years, one for five 674
years, and one for six years from the first Monday of March 675
thereafter. 676

       (2) When the board is composed of eight ~~electors~~members, 677
their terms of office shall be: one for one year, one for two 678
years, two for three years, one for four years, one for five 679
years, and two for six years from the first Monday of March 680
thereafter. 681

       (3) When the board is composed of ten ~~electors~~members, their 682
terms of office shall be: two for one year, one for two years, two 683
for three years, two for four years, one for five years, and two 684
for six years from the first Monday of March thereafter. 685

       (F) Except as provided in division (G)(2) of this section, 686
all of the following apply with respect to vacancies on a board of 687
county hospital trustees: 688

       (1) Annually ~~thereafter except as provided in division (D)(2)~~ 689
~~of this section~~, on the first Monday of March, the board of county 690
commissioners together with the probate judge of the county senior 691
in point of service and the judge of the court of common pleas of 692
the county senior in point of service shall appoint or reappoint 693
for a term of six years a sufficient number of ~~electors of the~~ 694
~~area served by the hospital~~members to replace those ~~trustees~~ 695
members whose terms have expired. 696

       ~~(D)~~(2) The appointing authority shall fill a vacancy not 697
later than six months after the vacancy occurs. If the vacancy 698
remains unfilled on that date, the remaining members of the board, 699
by majority vote, shall appoint an individual to fill the vacancy. 700

       (3) The appointing authority may fill a vacancy by seeking 701
nominations from a selection committee consisting of one county 702
commissioner designated by the board of county commissioners, the 703
chair of the board of county hospital trustees, and the county 704
hospital administrator. If nominations for filling a vacancy are 705
sought from a selection committee, the committee shall nominate at 706
least three individuals for the vacancy. The appointing authority 707
may fill the vacancy by appointing one of the nominated 708
individuals or by appointing another individual selected by the 709
appointing authority. 710

       (4) Any member appointed to fill a vacancy occurring prior to 711
the expiration date of the term for which the member's predecessor 712
was appointed shall hold office as a member for the remainder of 713
that term. 714

       (G)(1) The board of county commissioners together with the 715
probate judge senior in point of service and the judge of the 716
court of common pleas senior in point of service in any county in 717
which a board of county hospital trustees has been appointed may 718
expand the number of ~~trustees~~members to eight or to ten. ~~Such~~ 719
~~additional trustees shall be electors of the area served by the~~ 720
~~hospital.~~ When the number of ~~trustees~~members is increased to 721
eight, one shall be appointed for a three-year and one for a 722
six-year term from the first Monday of March thereafter. When the 723
number of ~~trustees~~members is increased from six to ten, the term 724
for additional members shall be: one for one year, one for three 725
years, one for four years, and one for six years from the first 726
Monday of March thereafter. When the number of ~~trustees~~members is 727
increased from eight to ten, the term for additional members shall 728
be: one for one year and one for four years from the first Monday 729
of March thereafter. Thereafter except as provided in division 730
~~(D)~~(G)(2) of this section, upon the expiration of the term of 731
office of each ~~trustee~~member, the ~~trustee's successor~~vacancy 732
shall be ~~appointed for a term of six years~~filled in the manner 733
specified in division (F) of this section. 734

       (2) The board of county commissioners together with the 735
probate judge senior in point of service and the judge of the 736
court of common pleas senior in point of service may reduce the 737
number of members of a board of county hospital trustees to eight 738
or to six. The reduction shall occur on expiration of a ~~trustee's~~ 739
member's term of office, at which time no appointment shall be 740
made. While the board of county commissioners and the judges are 741
in the process of reducing the number of ~~trustees~~members, the 742
board of county hospital trustees may consist of nine or seven 743
~~trustees~~members for one year. 744

       ~~(E) In no case shall more than one-half of the members of a~~ 745
~~board of county hospital trustees be independents or be members of~~ 746
~~any one political party. Notwithstanding any other provision of~~ 747
~~this section, no more than two members of the board shall be~~ 748
~~electors of the area served by the hospital that is outside the~~ 749
~~county in which the hospital is located. The~~ 750

       (H) Any member of a board of county hospital trustees may be 751
removed from office by the appointing authority for neglect of 752
duty, misconduct, or malfeasance in office. The member shall be 753
informed in writing of the charges and afforded an opportunity for 754
a hearing before the appointing authority. The appointing 755
authority shall not remove a member from office for political 756
reasons. 757

       (I) The members of a board of county hospital trustees shall 758
serve without compensation, but shall be allowed their necessary 759
and reasonable expenses incurred in the performance of their 760
duties, including the cost of their participation in any 761
continuing education programs or developmental programs that the 762
members consider necessary. Allowable expenses shall be paid out 763
of the funds provided for the county hospital. 764

        (J) The persons so selected to be members of a board of 765
county hospital trustees shall forthwith be notified, by mail, of 766
their appointment. ~~The~~When a board is initially appointed, the 767
notice shall state a time, not more than ten days later, when such 768
board shall meet at the county seat of such county to organize. On 769

       On the date stated, the board shall meet and organize. 770

       (K) A board of county hospital trustees shall organize by 771
electing one of its number as chairperson and such other officers 772
as specified in the board's rules. Four members of a six-member 773
board constitute a quorum, five members constitute a quorum of an 774
eight-member board, and six members constitute a quorum of a 775
ten-member board. 776

       ~~(F) The board of county commissioners, together with the~~ 777
~~probate judge senior in point of service and the judge of the~~ 778
~~court of common pleas senior in point of service, shall fill all~~ 779
~~vacancies that occur in such board of county hospital trustees~~ 780
~~which result from death, resignation, or removal from office by~~ 781
~~appointment of electors from the area served by the hospital to~~ 782
~~fill the unexpired terms. Any trustee appointed under this section~~ 783
~~may be removed from office by the appointing authority for cause~~ 784
~~impairing faithful, efficient, and intelligent administration, or~~ 785
~~for conduct unbecoming to such office, after an opportunity is~~ 786
~~given to be heard before the appointing authority upon written~~ 787
~~charges initiated by the appointing authority or board of~~ 788
~~trustees, but no removal shall be made for political reasons.~~ 789

       ~~(G) Such~~A board of county hospital trustees shall hold 790
meetings at least once a month, shall adopt necessary rules of 791
procedure, and shall keep a record of its proceedings and a strict 792
account of all its receipts, disbursements, and expenditures~~; and~~ 793
~~upon~~. On completion of the construction and equipping of a county 794
hospital ~~such~~, the board shall file such account with the board of 795
county commissioners and make final settlement with ~~such~~the board 796
of county commissioners for the construction and equipping of the 797
hospital. 798

       Sec. 339.03. The board of county hospital trustees shall 799
have complete charge of the selection and purchase or lease of a 800
site or sites for a county hospital, taking title or leasehold 801
interest to such site or sites in the name of the county, the 802
selection of plans and specifications, the determination and 803
erection of all necessary buildings on such site or sites, and of 804
the selection and installation of all necessary and proper 805
furniture, fixtures, and equipment. ~~The~~ 806

       The board of county hospital trustees may make capital 807
improvements, including the purchase of equipment and vehicles, 808
and may finance such improvements through hospital revenues or 809
other hospital funds. ~~The~~ 810

       The board of county hospital trustees may issue revenue 811
obligations, pursuant to section 140.06 or 339.15 of the Revised 812
Code, or revenue bonds pursuant to section 133.08 of the Revised 813
Code. 814

       AThe board of county hospital trustees may construct an 815
addition to the county hospital, acquire an existing structure for 816
the purpose of leasing office space to local physicians, or lease 817
real property to any person to construct facilities for providing 818
medical services other than inpatient hospital services if the 819
board of county hospital trustees determines that such purpose is 820
reasonably related to the proper operation of the county hospital. 821

       ~~The trustees shall serve without compensation, but shall be~~ 822
~~allowed their necessary and reasonable expenses incurred in the~~ 823
~~performance of their duties, including the cost of their~~ 824
~~participation in such continuing education programs or~~ 825
~~developmental programs as the trustees consider necessary. Such~~ 826
~~expenses shall be paid out of the funds provided for such~~ 827
~~hospital.~~ 828

       ~~The board of county hospital trustees may retain counsel and~~ 829
~~institute legal action in its own name for the collection of~~ 830
~~delinquent accounts. The board may also employ any other lawful~~ 831
~~means for the collection of delinquent accounts.~~ 832

       Sec. 339.06. (A) The board of county hospital trustees, upon 833
completion of construction or leasing and equipping of a county 834
hospital, shall assume and continue the operation of the hospital. 835
~~The~~ 836

       (B) The board of county hospital trustees shall have the 837
entire management and control of the county hospital~~, and~~. The 838
board shall establish such rules for ~~its~~the hospital's government 839
and the admission of persons as are expedient. 840

       (C) The board of county hospital trustees has control of the 841
property of the county hospital, including management and disposal 842
of surplus property other than real estate or an interest in real 843
estate~~, and~~. 844

       (D) With respect to the use of funds by the board of county 845
hospital trustees and its accounting for the use of funds, all of 846
the following apply: 847

       (1) The board of county hospital trustees has control of all 848
funds used in the county hospital's operation, including moneys 849
received from the operation of the hospital, moneys appropriated 850
for its operation by the board of county commissioners, and moneys 851
resulting from special levies submitted by the board of county 852
commissioners as provided for in section 5705.22 of the Revised 853
Code. ~~All~~ 854

       (2) Of the funds used in the county hospital's operation, all 855
or part of ~~the moneys~~any amount determined not to be necessary to 856
meet current demands on the hospital may be invested by the board 857
of county hospital trustees or its designee in any classifications 858
of securities and obligations eligible for deposit or investment 859
of county moneys pursuant to section 135.35 of the Revised Code, 860
subject to the approval of the board's written investment policy 861
by the county investment advisory committee established pursuant 862
to section 135.341 of the Revised Code. 863

       ~~(B)~~(3) Annually ~~by the first day of November~~, not later than 864
sixty days before the end of the fiscal year used by the county 865
hospital, the board of county hospital trustees shall submit its 866
proposed budget for the ensuing fiscal year to the board of county 867
commissioners for ~~approval, and the~~that board's review. The board 868
of county commissioners shall review and approve athe proposed 869
budget ~~for the county hospital~~ by the first day of ~~December~~the 870
fiscal year to which the budget applies. If the board of county 871
commissioners has not approved the budget by the first day of the 872
fiscal year to which the budget applies, the budget is deemed to 873
have been approved by the board on the first day of that fiscal 874
year. 875

       (4) The board of county hospital trustees shall not expend 876
funds received from taxes collected pursuant to any tax levied 877
under section 5705.22 of the Revised Code or the amount 878
appropriated to the county hospital by the board of county 879
commissioners in the annual appropriation measure for the county 880
~~for the ensuing fiscal year differ from the amount shown in the~~ 881
~~approved budget, the board of county commissioners may require the~~ 882
~~board of county hospital trustees to revise the hospital budget~~ 883
~~accordingly. The board of trustees shall not expend such funds~~ 884
until its budget for ~~that calendar~~the applicable fiscal year is 885
~~submitted to and~~ approved ~~by the board of county commissioners~~in 886
accordance with division (C)(3) of this section. At any time the 887
amount received from those sources differs from the amount shown 888
in the approved budget, the board of county commissioners may 889
require the board of county hospital trustees to revise the county 890
hospital budget accordingly. ~~Thereafter such funds~~ 891

       (5) Funds under the control of the board of county hospital 892
trustees may be disbursed by the board ~~of county hospital~~ 893
~~trustees~~, consistent with the approved budget, for the uses and 894
purposes of ~~such~~the county hospital; for the replacement of 895
necessary equipment; for the acquisition, leasing, or construction 896
of permanent improvements to county hospital property; or for 897
making a donation authorized by division ~~(C)~~(E) of this section. 898
Each disbursement of funds shall be made on a voucher signed by 899
signatories designated and approved by the board of county 900
hospital trustees. 901

       (6) The head of a board of county hospital trustees is not 902
required to file an estimate of contemplated revenue and 903
expenditures for the ensuing fiscal year under section 5705.28 of 904
the Revised Code unless the board of county commissioners levies a 905
tax for the county hospital, or such a tax is proposed, or the 906
board of county hospital trustees desires that the board of county 907
commissioners make an appropriation to the county hospital for the 908
ensuing fiscal year. 909

       (7) All moneys appropriated by the board of county 910
commissioners or from special levies by the board of county 911
commissioners for the operation of the hospital, when collected 912
shall be paid to the board of county hospital trustees on a 913
warrant of the county auditor and approved by the board of county 914
commissioners. ~~The~~ 915

       (8) The board of county hospital trustees shall provide for 916
the conduct of an annual financial audit of the county hospital. 917
Not later than thirty days after it receives the final report of 918
an annual financial audit, the board shall file ~~an annual~~a copy 919
of the report ~~of revenues and expenditures for the fiscal year~~ 920
with the board of county commissioners ~~within ninety days after~~ 921
~~the fiscal year's end~~. 922

       ~~(C)~~(E) For the public purpose of improving the health, 923
safety, and general welfare of the community, the board of county 924
hospital trustees may donate to a nonprofit entity any of the 925
following: 926

       (1) Moneys and other financial assets determined not to be 927
necessary to meet current demands on the hospital; 928

       (2) Surplus hospital property, including supplies, equipment, 929
office facilities, and other property that is not real estate or 930
an interest in real estate; 931

       (3) Services rendered by the hospital. 932

       ~~(D)~~(F)(1) For purposes of ~~this~~ division (F)(2) of this 933
section: 934

       (a) "Bank" has the same meaning as in section 1101.01 of the 935
Revised Code. 936

       (b) "Savings and loan association" has the same meaning as in 937
section 1151.01 of the Revised Code. 938

       (c) "Savings bank" has the same meaning as in section 1161.01 939
of the Revised Code. 940

       (2) The board of county hospital trustees may enter into a 941
contract for a secured line of credit with a bank, savings and 942
loan association, or savings bank if the contract meets all of the 943
following requirements: 944

       (a) The term of the contract does not exceed one year, except 945
that the contract may provide for the automatic renewal of the 946
contract for up to four additional one-year periods if, on the 947
date of automatic renewal, the aggregate outstanding draws 948
remaining unpaid under the secured line of credit do not exceed 949
fifty per cent of the maximum amount that can be drawn under the 950
secured line of credit. 951

       (b) The contract provides that the bank, savings and loan 952
association, or savings bank shall not commence a civil action 953
against the board of county commissioners, any member of the 954
board, or the county to recover the principal, interest, or any 955
charges or other amounts that remain outstanding on the secured 956
line of credit at the time of any default by the board of county 957
hospital trustees. 958

       (c) The contract provides that no assets other than those of 959
the county hospital can be used to secure the line of credit. 960

       (d) The terms and conditions of the contract comply with all 961
state and federal statutes and rules governing the extension of a 962
secured line of credit. 963

       (3) Any obligation incurred by a board of county hospital 964
trustees under ~~this~~ division (F)(2) of this section is an 965
obligation of that board only and not a general obligation of the 966
board of county commissioners or the county within the meaning of 967
division (Q) of section 133.01 of the Revised Code. 968

       (4) Notwithstanding anything to the contrary in the Revised 969
Code, the board of county hospital trustees may secure the line of 970
credit authorized under division (F)(2) of this section by the 971
grant of a security interest in any part or all of its tangible 972
personal property and intangible personal property, including its 973
deposit accounts, accounts receivable, or both. 974

       (5) No board of county hospital trustees shall at any time 975
have more than one secured line of credit under division (F)(2) of 976
this section. 977

       ~~(E)~~(G) The board of county hospital trustees shall establish 978
a schedule of charges for all services and treatment rendered by 979
the county hospital. It may provide for the free treatment in ~~such~~ 980
the hospital of soldiers, sailors, and marines of the county, 981
under such conditions and rules as it prescribes. 982

       ~~(F)~~(H) The board of county hospital trustees may designate 983
the amounts and forms of insurance protection to be provided, and 984
the board of county commissioners shall assist in obtaining such 985
protection. The expense of providing the protection shall be paid 986
from hospital operating funds. 987

       ~~(G)~~(I) The board of county hospital trustees may authorize a 988
county hospital and each of its units, hospital board members, 989
designated hospital employees, and medical staff members to be a 990
member of and maintain membership in any local, state, or national 991
group or association organized and operated for the promotion of 992
the public health and welfare or advancement of the efficiency of 993
hospital administration and in connection therewith to use tax 994
funds for the payment of dues and fees and related expenses but 995
nothing in this section prohibits the board from using receipts 996
from hospital operation, other than tax funds, for the payment of 997
such dues and fees. 998

       ~~(H)~~(J) The following apply to the board of county hospital 999
trustees,in relation to its employees, and the employees of the 1000
county hospital: 1001

       (1) The board shall adopt the wage and salary schedule for 1002
employees. 1003

       (2) The board may employ the hospital's administrator 1004
pursuant to section 339.07 of the Revised Code, and the 1005
administrator may employ individuals for the hospital in 1006
accordance with that section. 1007

       (3) The board may employ assistants as necessary to perform 1008
its clerical work, superintend properly the construction of the 1009
county hospital, and pay the hospital's expenses. Such employees 1010
may be paid from funds provided for the county hospital. 1011

       (4) The board may hire, by contract or as salaried employees, 1012
such management consultants, accountants, attorneys, engineers, 1013
architects, construction managers, and other professional advisors 1014
as it determines are necessary and desirable to assist in the 1015
management of the programs and operation of the county hospital. 1016
Such professional advisors may be paid from county hospital 1017
operating funds. 1018

       (5) Notwithstanding section 325.19 of the Revised Code, the 1019
board ~~of county hospital trustees~~ may grant to employees any 1020
fringe benefits the board determines to be customary and usual in 1021
the nonprofit hospital field in its community, including, but not 1022
limited to: 1023

       (a) Additional vacation leave with full pay for full-time 1024
employees, including full-time hourly rate employees, after 1025
service of one year; 1026

       (b) Vacation leave and holiday pay for part-time employees on 1027
a pro rata basis; 1028

       (c) Leave with full pay due to death in the employee's 1029
immediate family, which shall not be deducted from the employee's 1030
accumulated sick leave; 1031

       (d) Premium pay for working on holidays listed in section 1032
325.19 of the Revised Code; 1033

       (e) Moving expenses for new employees; 1034

       (f) Discounts on hospital supplies and services. 1035

       (6) The board may provide holiday leave by observing Martin 1036
Luther King day, Washington-Lincoln day, Columbus day, and 1037
Veterans' day on days other than those specified in section 1.14 1038
of the Revised Code. 1039

       (7) The board may grant to employees the insurance benefits 1040
authorized by section 339.16 of the Revised Code. 1041

       (8) Notwithstanding section 325.19 of the Revised Code, the 1042
board may grant to employees, including hourly rate employees, 1043
such personal holidays as the board determines to be customary and 1044
usual in the hospital field in its community. 1045

       (9) The board ~~of county hospital trustees~~ may provide 1046
employee recognition awards and hold employee recognition dinners. 1047

       (10) The board may grant to employees the recruitment and 1048
retention benefits specified under division ~~(I)~~(K) of this 1049
section. 1050

       ~~(I)~~(K) Notwithstanding sections 325.191 and 325.20 of the 1051
Revised Code, the board of county hospital trustees may provide, 1052
without the prior authorization of the board of county 1053
commissioners, scholarships for education in the health care 1054
professions, tuition reimbursement, and other staff development 1055
programs to enhance the skills of health care professionals for 1056
the purpose of recruiting or retaining qualified employees. 1057

       The board of county hospital trustees may pay reasonable 1058
expenses for recruiting or retaining physicians and other 1059
appropriate health care practitioners. 1060

       (L) The board of county hospital trustees may retain counsel 1061
and institute legal action in its own name for the collection of 1062
delinquent accounts. The board may also employ any other lawful 1063
means for the collection of delinquent accounts. 1064

       Sec. 339.09. When the county hospital has been fully 1065
completed and sufficiently equipped for occupancy, in lieu of 1066
sections 339.06 to 339.08 of the Revised Code, the board of county 1067
commissioners of any county, on adoption of a resolution under 1068
section 339.091 of the Revised Code ~~and approval by the vote of a~~ 1069
~~majority of the electors pursuant to section 339.092 of the~~ 1070
~~Revised Code~~, may, upon such terms as are agreed upon between the 1071
board and a constituted and empowered nonsectarian Ohio 1072
corporation, organized for charitable purposes and not for profit, 1073
a majority of whose members reside in the county, enter into an 1074
agreement to lease for use as a hospital or hospital facilities, 1075
the lands, the buildings, and equipment of any hospital owned by 1076
said county. Such lease may be from year to year or may provide 1077
for a term of not more than thirty years and may provide that such 1078
board has the option to renew such lease at the expiration thereof 1079
for a further term of not more than thirty years upon such terms 1080
as are provided for in such lease. In the event that said 1081
nonprofit corporation fails to faithfully and efficiently 1082
administer, maintain, and operate such hospital as a public 1083
hospital, admitting patients without regard to race, creed, or 1084
color, then, after an opportunity is given to be heard upon 1085
written charges, said agreement shall terminate and the control 1086
and management of said hospital, together with all additions, 1087
improvements, and equipment, shall revert to and become the 1088
property of the county to be operated as provided by law. 1089

       Sec. 339.091. Before the board of county commissioners, 1090
board of county hospital trustees, or county hospital commission 1091
may enter into an initial agreement for the acquisition, 1092
operation, or lease under section 140.03, 140.05, 339.09, or 1093
339.14 of the Revised Code of a county hospital operated by a 1094
board of county hospital trustees under section 339.06 of the 1095
Revised Code, the board of county commissioners shall review the 1096
agreement. If it finds that the agreement will meet the needs of 1097
the residents of the county for hospital service, the board of 1098
county commissioners may adopt a resolution authorizing the board 1099
of county commissioners, board of county hospital trustees, or 1100
county hospital commission to enter into the agreement~~; however,~~ 1101
~~authorization to enter into the agreement shall become effective~~ 1102
~~only if approved by the electors of the county pursuant to section~~ 1103
~~339.092 of the Revised Code~~. ~~This~~On adoption of the resolution, 1104
the board of county commissioners, board of county hospital 1105
trustees, or county hospital commission may enter into the 1106
agreement. 1107

       The requirements of this section ~~and section 339.092 of the~~ 1108
~~Revised Code~~ do not apply to an agreement if one or more hospitals 1109
classified as general hospitals by the public health council under 1110
section 3701.07 of the Revised Code are operating in the same 1111
county as the county hospital. 1112

       Sec. 339.14. (A) Upon application to the board of county 1113
commissioners by an Ohio corporation or corporations, organized 1114
for charitable hospital purposes and not for profit, in this 1115
section called participating hospital corporations, the board of 1116
county commissioners may, after a determination that the 1117
preservation of the public health requires additional hospital 1118
facilities in the county, appoint a hospital commission of not 1119
less than three members, in this section called the county 1120
hospital commission. Not less than three members of such 1121
commission shall be appointed to represent the public, and there 1122
shall be appointed to the commission one additional member for 1123
each participating hospital corporation, and there may be 1124
appointed to the commission one additional member for each 1125
nonparticipating charitable hospital corporation in the county and 1126
one or more members for any joint township hospital district 1127
participating under an agreement pursuant to section 513.081 of 1128
the Revised Code. All members representing the county and hospital 1129
corporations shall be electors of the county. All members shall 1130
serve without compensation. Of the first three public members 1131
appointed to the commission one shall be appointed for a term of 1132
two years, one for a term of four years, and one for a term of six 1133
years. Thereafter, such public members shall be appointed for a 1134
term of six years as shall be any additional public members. 1135
Members representing participating and nonparticipating hospital 1136
corporations shall be appointed for a term of six years. Vacancies 1137
shall be filled by appointment by the board of county 1138
commissioners for the unexpired term. 1139

       (B) The county hospital commission after consultation with 1140
participating hospital corporations and agreement as to their 1141
respective needs and the needs of the public of the county for 1142
hospital service may, with the consent of the board of county 1143
commissioners, accept conveyances of real estate and interests in 1144
real estate, situated within the county, from any person and may, 1145
on adoption of a resolution by the board of county commissioners 1146
pursuant to section 339.091 of the Revised Code ~~and approval by~~ 1147
~~the electors pursuant to section 339.092 of the Revised Code~~, 1148
enter into an agreement before or after such conveyance with such 1149
person or with one or more Ohio corporations organized for 1150
charitable hospital purposes or nonprofit corporation organized to 1151
provide services to corporations organized for charitable hospital 1152
purposes, to lease to such corporation or corporations upon such 1153
terms as may be agreed upon such real estate together with 1154
improvements thereof and buildings thereafter constructed thereon 1155
and furniture, fixtures, and equipment therein for use as a 1156
general hospital or a hospital facility, the lease shall be for a 1157
period not to exceed fifty years, renewable for a like term and 1158
may contain provisions for the sale of such property to the lessee 1159
upon the unanimous consent of the board of county commissioners 1160
for a purchase price representing not less than the actual cost to 1161
the county, less depreciation, computed at the rate customarily 1162
applied to similar structures; or such general hospital or 1163
hospital facilities may be leased pursuant to and upon terms as 1164
provided pursuant to section 140.05 of the Revised Code, or the 1165
commission may enter into agreements with respect thereto as 1166
provided in section 140.03 of the Revised Code, notwithstanding 1167
other provisions of this section. 1168

       (C) If the land conveyed under division (B) of this section 1169
is adjacent to an existing hospital, the county hospital 1170
commission may, at the time of the acceptance of the conveyance or 1171
the leasing of the proposed hospital facilities, enter into an 1172
agreement with the owner of such existing hospital for the use of 1173
common walls in the construction of the county hospital, or 1174
hospital facilities or rights and interests may be acquired as 1175
provided in division (F) of section 140.05 of the Revised Code. 1176

       (D) The county hospital commission may take all steps 1177
necessary for the acquisition or construction, equipment, 1178
enlarging, rebuilding, or other improvement, of hospital 1179
facilities and may request the board of county commissioners to 1180
submit to the electors of the county, in the manner provided in 1181
Chapter 133. of the Revised Code, a bond issue to cover the costs 1182
of hospital facilities, as defined in section 140.01 of the 1183
Revised Code. 1184

       (E) If a bond issue provided for above is approved by the 1185
vote of a majority of the electors voting on the issue, the board 1186
of elections for such county shall certify the results of such 1187
election as provided in section 133.18 of the Revised Code, and 1188
the board of county commissioners shall proceed with the 1189
authorization and issuance of the bonds or notes in anticipation 1190
thereof, in the manner provided in Chapter 133. of the Revised 1191
Code for the issuance of bonds and notes by boards of county 1192
commissioners. 1193

       (F) The county hospital commission shall take title in the 1194
name of the county to any land conveyed pursuant to this section, 1195
and shall have final approval of all plans and specifications for 1196
the erection and equipping of the hospital facilities contemplated 1197
in this section. The commission may employ architects and such 1198
other assistants as may be required in the construction, including 1199
supervision, and pay the expenses thereof out of the funds 1200
provided for such hospital facilities. 1201

       (G) All funds arising from a bond issue pursuant to this 1202
section shall be placed in the county treasury to the credit of a 1203
fund to be known as the "county hospital facility fund." Such fund 1204
shall be paid out on the order of the county hospital commission, 1205
certified by the ~~chairman~~chairperson or ~~vice chairman~~ 1206
vice-chairperson and secretary or assistant secretary of the 1207
commission. 1208

       (H) Before making a contract for the expenditure of money on 1209
any structure in excess of one thousand dollars, the county 1210
hospital commission shall advertise for bids in accordance with 1211
section 307.87 of the Revised Code and shall cause plans, 1212
specifications, and detailed drawings to be distributed among the 1213
bidders. 1214

       (I) The county hospital commission has continuing 1215
jurisdiction of the hospital facilities constructed under this 1216
section provided that the lessee corporation shall be solely 1217
responsible for the administration, maintenance, and operation of 1218
the leased facilities including the selection of personnel. In the 1219
event the lessee corporation fails to administer, maintain, and 1220
operate the leased hospital facilities as a public general 1221
hospital or hospital facility, in accordance with the terms of the 1222
agreement, admitting patients without regard to race, creed, or 1223
color, then, after an opportunity is given by the county hospital 1224
commission to be heard on written charges, the lease shall be 1225
terminated by the county hospital commission, with the consent of 1226
the board of county commissioners, and the control and management 1227
of the hospital facilities together with all additions and 1228
equipment shall revert to the county to be operated as provided by 1229
law. 1230

       (J) The hospital facilities, including furniture, fixtures, 1231
and equipment therein, constructed under this section are exempt 1232
from taxation. 1233

       (K) Upon request of the county hospital commission, the board 1234
of county commissioners may issue unvoted bonds or notes in 1235
anticipation thereof in the manner provided in Chapter 133. of the 1236
Revised Code to pay costs of hospital facilities as defined in 1237
section 140.01 of the Revised Code. The bonds and notes authorized 1238
by this division shall be issuable only after there has been 1239
entered into a lease, pursuant to this section or section 140.05 1240
of the Revised Code, of the hospital facilities to be financed 1241
thereby providing for rental payments which, together with rentals 1242
payable under any prior lease available therefor, shall be at 1243
least sufficient, as to amounts and times of payment, to provide 1244
funds necessary to cover interest charges on all bonds authorized 1245
under this division and to provide a sufficient amount for 1246
retirement or sinking fund to retire such bonds as they become 1247
due. Such bonds and notes shall not be considered in ascertaining 1248
the limitations on net indebtedness of section 133.07 of the 1249
Revised Code. No amendment of such lease shall have the effect of 1250
reducing the rental payments below the amount required to meet 1251
such interest and bond retirement requirements. 1252

       Sec. 339.16. (A) A board of trustees of any county hospital 1253
may contract for, purchase, or otherwise procure on behalf of any 1254
or all of its employees, the employees of the hospital, or such 1255
employees and their immediate dependents the following types of 1256
fringe benefits: 1257

       ~~(A)~~(1) Group or individual insurance contracts which may 1258
include life, sickness, accident, disability, annuities, 1259
endowment, health, medical expense, hospital, dental, surgical and 1260
related coverage or any combination thereof; 1261

       ~~(B)~~(2) Group or individual contracts with health insuring 1262
corporations or other providers of professional services, care, or 1263
benefits duly authorized to do business in this state. 1264

       (B) A board of trustees of any county hospital may contract 1265
for, purchase, or otherwise procure insurance contracts which 1266
provide protection for the trustees, the board's employees, and 1267
the employees of the hospital against liability, including 1268
professional liability, provided that this section or any 1269
insurance contract issued pursuant to this section shall not be 1270
construed as a waiver of or in any manner affect the immunity of 1271
the hospital or county. 1272

       (C) All or any portion of the cost, premium, fees, or charges 1273
~~therefor~~for the insurance benefits specified in divisions (A) and 1274
(B) of this section may be paid in such manner or combination of 1275
manners as the board of trustees may determine, including direct 1276
payment by ~~the~~an employee, and, if authorized in writing by ~~the~~ 1277
an employee, by the board of trustees with moneys made available 1278
by deduction from or reduction in salary or wages or by the 1279
foregoing of a salary or wage increase. 1280

       Notwithstanding sections 3917.01 and 3917.06 of the Revised 1281
Code, the board of trustees may purchase group life insurance 1282
authorized by this section by reason of payment of premiums 1283
therefor by the board of trustees from its funds, and such group 1284
life insurance may be issued and purchased if otherwise consistent 1285
with sections 3917.01 to 3917.06 of the Revised Code. 1286

       Sec. 339.17. (A) Sections 140.03 and 140.05 of the Revised 1287
Code are alternatives to sections 339.02 to 339.13 of the Revised 1288
Code. Sections 339.02 to 339.14 of the Revised Code are not 1289
applicable with respect to hospital facilities and services 1290
provided for under leases or agreements entered into pursuant to 1291
section 140.03 or 140.05 of the Revised Code, except to the extent 1292
made applicable by section 140.03 or 140.05 of the Revised Code 1293
and the leases and agreements made thereunder. 1294

       (B) Notwithstanding division (A) of this section, the 1295
requirements of ~~sections~~section 339.091 ~~and 339.092~~ of the 1296
Revised Code apply to an initial agreement with a board of county 1297
commissioners, board of county hospital trustees, or county 1298
hospital commission for the acquisition, operation, or lease of a 1299
county hospital operated by a board of county hospital trustees 1300
under section 339.06 of the Revised Code, entered into pursuant to 1301
section 140.03 or 140.05 of the Revised Code, but not to any 1302
amendment or renewal of such agreement. 1303

       Sec. 1347.12. (A) As used in this section: 1304

       (1) "Agency of a political subdivision" means each organized 1305
body, office, or agency established by a political subdivision for 1306
the exercise of any function of the political subdivision, except 1307
that "agency of a political subdivision" does not include an 1308
agency that is a covered entity as defined in 45 C.F.R. 160.103, 1309
as amended. 1310

       (2)(a) "Breach of the security of the system" means 1311
unauthorized access to and acquisition of computerized data that 1312
compromises the security or confidentiality of personal 1313
information owned or licensed by a state agency or an agency of a 1314
political subdivision and that causes, reasonably is believed to 1315
have caused, or reasonably is believed will cause a material risk 1316
of identity theft or other fraud to the person or property of a 1317
resident of this state. 1318

       (b) For purposes of division (A)(2)(a) of this section: 1319

       (i) Good faith acquisition of personal information by an 1320
employee or agent of the state agency or agency of the political 1321
subdivision for the purposes of the agency is not a breach of the 1322
security of the system, provided that the personal information is 1323
not used for an unlawful purpose or subject to further 1324
unauthorized disclosure. 1325

       (ii) Acquisition of personal information pursuant to a search 1326
warrant, subpoena, or other court order, or pursuant to a 1327
subpoena, order, or duty of a regulatory state agency, is not a 1328
breach of the security of the system. 1329

       (3) "Consumer reporting agency that compiles and maintains 1330
files on consumers on a nationwide basis" means a consumer 1331
reporting agency that regularly engages in the practice of 1332
assembling or evaluating, and maintaining, for the purpose of 1333
furnishing consumer reports to third parties bearing on a 1334
consumer's creditworthiness, credit standing, or credit capacity, 1335
each of the following regarding consumers residing nationwide: 1336

       (a) Public record information; 1337

       (b) Credit account information from persons who furnish that 1338
information regularly and in the ordinary course of business. 1339

       (4) "Encryption" means the use of an algorithmic process to 1340
transform data into a form in which there is a low probability of 1341
assigning meaning without use of a confidential process or key. 1342

       (5) "Individual" means a natural person. 1343

       (6)(a) "Personal information" means, notwithstanding section 1344
1347.01 of the Revised Code, an individual's name, consisting of 1345
the individual's first name or first initial and last name, in 1346
combination with and linked to any one or more of the following 1347
data elements, when the data elements are not encrypted, redacted, 1348
or altered by any method or technology in such a manner that the 1349
data elements are unreadable: 1350

       (i) Social security number; 1351

       (ii) Driver's license number or state identification card 1352
number; 1353

       (iii) Account number or credit or debit card number, in 1354
combination with and linked to any required security code, access 1355
code, or password that would permit access to an individual's 1356
financial account. 1357

       (b) "Personal information" does not include publicly 1358
available information that is lawfully made available to the 1359
general public from federal, state, or local government records or 1360
any of the following media that are widely distributed: 1361

       (i) Any news, editorial, or advertising statement published 1362
in any bona fide newspaper, journal, or magazine, or broadcast 1363
over radio or television; 1364

       (ii) Any gathering or furnishing of information or news by 1365
any bona fide reporter, correspondent, or news bureau to news 1366
media described in division (A)(6)(b)(i) of this section; 1367

       (iii) Any publication designed for and distributed to members 1368
of any bona fide association or charitable or fraternal nonprofit 1369
corporation; 1370

       (iv) Any type of media similar in nature to any item, entity, 1371
or activity identified in division (A)(6)(b)(i), (ii), or (iii) of 1372
this section. 1373

       (7) "Political subdivision" has the same meaning as in 1374
section 2744.01 of the Revised Code. 1375

       (8) "Record" means any information that is stored in an 1376
electronic medium and is retrievable in perceivable form. "Record" 1377
does not include any publicly available directory containing 1378
information an individual voluntarily has consented to have 1379
publicly disseminated or listed, such as name, address, or 1380
telephone number. 1381

       (9) "Redacted" means altered or truncated so that no more 1382
than the last four digits of a social security number, driver's 1383
license number, state identification card number, account number, 1384
or credit or debit card number is accessible as part of the data. 1385

       (10) "State agency" has the same meaning as in section 1.60 1386
of the Revised Code, except that "state agency" does not include 1387
an agency that is a covered entity as defined in 45 C.F.R. 1388
160.103, as amended. 1389

       (11) "System" means, notwithstanding section 1347.01 of the 1390
Revised Code, any collection or group of related records that are 1391
kept in an organized manner, that are maintained by a state agency 1392
or an agency of a political subdivision, and from which personal 1393
information is retrieved by the name of the individual or by some 1394
identifying number, symbol, or other identifier assigned to the 1395
individual. "System" does not include any collected archival 1396
records in the custody of or administered under the authority of 1397
the Ohio historical society, any published directory, any 1398
reference material or newsletter, or any routine information that 1399
is maintained for the purpose of internal office administration of 1400
the agency, if the use of the directory, material, newsletter, or 1401
information would not adversely affect an individual and if there 1402
has been no unauthorized external breach of the directory, 1403
material, newsletter, or information. 1404

       (B)(1) Any state agency or agency of a political subdivision 1405
that owns or licenses computerized data that includes personal 1406
information shall disclose any breach of the security of the 1407
system, following its discovery or notification of the breach of 1408
the security of the system, to any resident of this state whose 1409
personal information was, or reasonably is believed to have been, 1410
accessed and acquired by an unauthorized person if the access and 1411
acquisition by the unauthorized person causes or reasonably is 1412
believed will cause a material risk of identity theft or other 1413
fraud to the resident. The disclosure described in this division 1414
may be made pursuant to any provision of a contract entered into 1415
by the state agency or agency of a political subdivision with any 1416
person or another state agency or agency of a political 1417
subdivision prior to the date the breach of the security of the 1418
system occurred if that contract does not conflict with any 1419
provision of this section. For purposes of this section, a 1420
resident of this state is an individual whose principal mailing 1421
address as reflected in the records of the state agency or agency 1422
of a political subdivision is in this state. 1423

       (2) The state agency or agency of a political subdivision 1424
shall make the disclosure described in division (B)(1) of this 1425
section in the most expedient time possible but not later than 1426
forty-five days following its discovery or notification of the 1427
breach in the security of the system, subject to the legitimate 1428
needs of law enforcement activities described in division (D) of 1429
this section and consistent with any measures necessary to 1430
determine the scope of the breach, including which residents' 1431
personal information was accessed and acquired, and to restore the 1432
reasonable integrity of the data system. 1433

       (C) Any state agency or agency of a political subdivision 1434
that, on behalf of or at the direction of another state agency or 1435
agency of a political subdivision, is the custodian of or stores 1436
computerized data that includes personal information shall notify 1437
that other state agency or agency of a political subdivision of 1438
any breach of the security of the system in an expeditious manner, 1439
if the personal information was, or reasonably is believed to have 1440
been, accessed and acquired by an unauthorized person and if the 1441
access and acquisition by the unauthorized person causes or 1442
reasonably is believed will cause a material risk of identity 1443
theft or other fraud to a resident of this state. 1444

       (D) The state agency or agency of a political subdivision may 1445
delay the disclosure or notification required by division (B), 1446
(C), or (F) of this section if a law enforcement agency determines 1447
that the disclosure or notification will impede a criminal 1448
investigation or jeopardize homeland or national security, in 1449
which case, the state agency or agency of a political subdivision 1450
shall make the disclosure or notification after the law 1451
enforcement agency determines that disclosure or notification will 1452
not compromise the investigation or jeopardize homeland or 1453
national security. 1454

       (E) For purposes of this section, a state agency or agency of 1455
a political subdivision may disclose or make a notification by any 1456
of the following methods: 1457

       (1) Written notice; 1458

       (2) Electronic notice, if the state agency's or agency of a 1459
political subdivision's primary method of communication with the 1460
resident to whom the disclosure must be made is by electronic 1461
means; 1462

       (3) Telephone notice; 1463

       (4) Substitute notice in accordance with this division, if 1464
the state agency or agency of a political subdivision required to 1465
disclose demonstrates that the agency does not have sufficient 1466
contact information to provide notice in a manner described in 1467
division (E)(1), (2), or (3) of this section, or that the cost of 1468
providing disclosure or notice to residents to whom disclosure or 1469
notification is required would exceed two hundred fifty thousand 1470
dollars, or that the affected class of subject residents to whom 1471
disclosure or notification is required exceeds five hundred 1472
thousand persons. Substitute notice under this division shall 1473
consist of all of the following: 1474

       (a) Electronic mail notice if the state agency or agency of a 1475
political subdivision has an electronic mail address for the 1476
resident to whom the disclosure must be made; 1477

       (b) Conspicuous posting of the disclosure or notice on the 1478
state agency's or agency of a political subdivision's web site, if 1479
the agency maintains one; 1480

       (c) Notification to major media outlets, to the extent that 1481
the cumulative total of the readership, viewing audience, or 1482
listening audience of all of the outlets so notified equals or 1483
exceeds seventy-five per cent of the population of this state. 1484

       (5) Substitute notice in accordance with this division, if 1485
the state agency or agency of a political subdivision required to 1486
disclose demonstrates that the agency has ten employees or fewer 1487
and that the cost of providing the disclosures or notices to 1488
residents to whom disclosure or notification is required will 1489
exceed ten thousand dollars. Substitute notice under this division 1490
shall consist of all of the following: 1491

        (a) Notification by a paid advertisement in a local newspaper 1492
that is distributed in the geographic area in which the state 1493
agency or agency of a political subdivision is located, which 1494
advertisement shall be of sufficient size that it covers at least 1495
one-quarter of a page in the newspaper and shall be published in 1496
the newspaper at least once a week for three consecutive weeks; 1497

        (b) Conspicuous posting of the disclosure or notice on the 1498
state agency's or agency of a political subdivision's web site, if 1499
the agency maintains one; 1500

        (c) Notification to major media outlets in the geographic 1501
area in which the state agency or agency of a political 1502
subdivision is located. 1503

       (F) If a state agency or agency of a political subdivision 1504
discovers circumstances that require disclosure under this section 1505
to more than one thousand residents of this state involved in a 1506
single occurrence of a breach of the security of the system, the 1507
state agency or agency of a political subdivision shall notify, 1508
without unreasonable delay, all consumer reporting agencies that 1509
compile and maintain files on consumers on a nationwide basis of 1510
the timing, distribution, and content of the disclosure given by 1511
the state agency or agency of a political subdivision to the 1512
residents of this state. In no case shall a state agency or agency 1513
of a political subdivision that is required to make a notification 1514
required by this division delay any disclosure or notification 1515
required by division (B) or (C) of this section in order to make 1516
the notification required by this division. 1517

       (G) The attorney general, pursuant to sections 1349.191 and 1518
1349.192 of the Revised Code, may conduct an investigation and 1519
bring a civil action upon an alleged failure by a state agency or 1520
agency of a political subdivision to comply with the requirements 1521
of this section. 1522

       Sec. 1349.19. (A) As used in this section: 1523

       (1)(a) "Breach of the security of the system" means 1524
unauthorized access to and acquisition of computerized data that 1525
compromises the security or confidentiality of personal 1526
information owned or licensed by a person and that causes, 1527
reasonably is believed to have caused, or reasonably is believed 1528
will cause a material risk of identity theft or other fraud to the 1529
person or property of a resident of this state. 1530

       (b) For purposes of division (A)(1)(a) of this section: 1531

        (i) Good faith acquisition of personal information by an 1532
employee or agent of the person for the purposes of the person is 1533
not a breach of the security of the system, provided that the 1534
personal information is not used for an unlawful purpose or 1535
subject to further unauthorized disclosure. 1536

       (ii) Acquisition of personal information pursuant to a search 1537
warrant, subpoena, or other court order, or pursuant to a 1538
subpoena, order, or duty of a regulatory state agency, is not a 1539
breach of the security of the system. 1540

       (2) "Business entity" means a sole proprietorship, 1541
partnership, corporation, association, or other group, however 1542
organized and whether operating for profit or not for profit, 1543
including a financial institution organized, chartered, or holding 1544
a license authorizing operation under the laws of this state, any 1545
other state, the United States, or any other country, or the 1546
parent or subsidiary of a financial institution. 1547

       (3) "Consumer reporting agency that compiles and maintains 1548
files on consumers on a nationwide basis" means a consumer 1549
reporting agency that regularly engages in the practice of 1550
assembling or evaluating, and maintaining, for the purpose of 1551
furnishing consumer reports to third parties bearing on a 1552
consumer's creditworthiness, credit standing, or credit capacity, 1553
each of the following regarding consumers residing nationwide: 1554

       (a) Public record information; 1555

       (b) Credit account information from persons who furnish that 1556
information regularly and in the ordinary course of business. 1557

       (4) "Encryption" means the use of an algorithmic process to 1558
transform data into a form in which there is a low probability of 1559
assigning meaning without use of a confidential process or key. 1560

       (5) "Individual" means a natural person. 1561

        (6) "Person" has the same meaning as in section 1.59 of the 1562
Revised Code, except that "person" includes a business entity only 1563
if the business entity conducts business in this state. 1564

       (7)(a) "Personal information" means an individual's name, 1565
consisting of the individual's first name or first initial and 1566
last name, in combination with and linked to any one or more of 1567
the following data elements, when the data elements are not 1568
encrypted, redacted, or altered by any method or technology in 1569
such a manner that the data elements are unreadable: 1570

       (i) Social security number; 1571

       (ii) Driver's license number or state identification card 1572
number; 1573

       (iii) Account number or credit or debit card number, in 1574
combination with and linked to any required security code, access 1575
code, or password that would permit access to an individual's 1576
financial account. 1577

       (b) "Personal information" does not include publicly 1578
available information that is lawfully made available to the 1579
general public from federal, state, or local government records or 1580
any of the following media that are widely distributed: 1581

       (i) Any news, editorial, or advertising statement published 1582
in any bona fide newspaper, journal, or magazine, or broadcast 1583
over radio or television; 1584

       (ii) Any gathering or furnishing of information or news by 1585
any bona fide reporter, correspondent, or news bureau to news 1586
media described in division (A)(7)(b)(i) of this section; 1587

       (iii) Any publication designed for and distributed to members 1588
of any bona fide association or charitable or fraternal nonprofit 1589
corporation; 1590

       (iv) Any type of media similar in nature to any item, entity, 1591
or activity identified in division (A)(7)(b)(i), (ii), or (iii) of 1592
this section. 1593

       (8) "Record" means any information that is stored in an 1594
electronic medium and is retrievable in perceivable form. "Record" 1595
does not include any publicly available directory containing 1596
information an individual voluntarily has consented to have 1597
publicly disseminated or listed, such as name, address, or 1598
telephone number. 1599

       (9) "Redacted" means altered or truncated so that no more 1600
than the last four digits of a social security number, driver's 1601
license number, state identification card number, account number, 1602
or credit or debit card number is accessible as part of the data. 1603

       (10) "System" means any collection or group of related 1604
records that are kept in an organized manner, that are maintained 1605
by a person, and from which personal information is retrieved by 1606
the name of the individual or by some identifying number, symbol, 1607
or other identifier assigned to the individual. "System" does not 1608
include any published directory, any reference material or 1609
newsletter, or any routine information that is maintained for the 1610
purpose of internal office administration of the person, if the 1611
use of the directory, material, newsletter, or information would 1612
not adversely affect an individual, and there has been no 1613
unauthorized external breach of the directory, material, 1614
newsletter, or information. 1615

       (B)(1) Any person that owns or licenses computerized data 1616
that includes personal information shall disclose any breach of 1617
the security of the system, following its discovery or 1618
notification of the breach of the security of the system, to any 1619
resident of this state whose personal information was, or 1620
reasonably is believed to have been, accessed and acquired by an 1621
unauthorized person if the access and acquisition by the 1622
unauthorized person causes or reasonably is believed will cause a 1623
material risk of identity theft or other fraud to the resident. 1624
The disclosure described in this division may be made pursuant to 1625
any provision of a contract entered into by the person with 1626
another person prior to the date the breach of the security of the 1627
system occurred if that contract does not conflict with any 1628
provision of this section and does not waive any provision of this 1629
section. For purposes of this section, a resident of this state is 1630
an individual whose principal mailing address as reflected in the 1631
records of the person is in this state. 1632

       (2) The person shall make the disclosure described in 1633
division (B)(1) of this section in the most expedient time 1634
possible but not later than forty-five days following its 1635
discovery or notification of the breach in the security of the 1636
system, subject to the legitimate needs of law enforcement 1637
activities described in division (D) of this section and 1638
consistent with any measures necessary to determine the scope of 1639
the breach, including which residents' personal information was 1640
accessed and acquired, and to restore the reasonable integrity of 1641
the data system. 1642

       (C) Any person that, on behalf of or at the direction of 1643
another person or on behalf of or at the direction of any 1644
governmental entity, is the custodian of or stores computerized 1645
data that includes personal information shall notify that other 1646
person or governmental entity of any breach of the security of the 1647
system in an expeditious manner, if the personal information was, 1648
or reasonably is believed to have been, accessed and acquired by 1649
an unauthorized person and if the access and acquisition by the 1650
unauthorized person causes or reasonably is believed will cause a 1651
material risk of identity theft or other fraud to a resident of 1652
this state. 1653

       (D) The person may delay the disclosure or notification 1654
required by division (B), (C), or (G) of this section if a law 1655
enforcement agency determines that the disclosure or notification 1656
will impede a criminal investigation or jeopardize homeland or 1657
national security, in which case, the person shall make the 1658
disclosure or notification after the law enforcement agency 1659
determines that disclosure or notification will not compromise the 1660
investigation or jeopardize homeland or national security. 1661

       (E) For purposes of this section, a person may disclose or 1662
make a notification by any of the following methods: 1663

       (1) Written notice; 1664

       (2) Electronic notice, if the person's primary method of 1665
communication with the resident to whom the disclosure must be 1666
made is by electronic means; 1667

       (3) Telephone notice; 1668

       (4) Substitute notice in accordance with this division, if 1669
the person required to disclose demonstrates that the person does 1670
not have sufficient contact information to provide notice in a 1671
manner described in division (E)(1), (2), or (3) of this section, 1672
or that the cost of providing disclosure or notice to residents to 1673
whom disclosure or notification is required would exceed two 1674
hundred fifty thousand dollars, or that the affected class of 1675
subject residents to whom disclosure or notification is required 1676
exceeds five hundred thousand persons. Substitute notice under 1677
this division shall consist of all of the following: 1678

       (a) Electronic mail notice if the person has an electronic 1679
mail address for the resident to whom the disclosure must be made; 1680

       (b) Conspicuous posting of the disclosure or notice on the 1681
person's web site, if the person maintains one; 1682

       (c) Notification to major media outlets, to the extent that 1683
the cumulative total of the readership, viewing audience, or 1684
listening audience of all of the outlets so notified equals or 1685
exceeds seventy-five per cent of the population of this state. 1686

       (5) Substitute notice in accordance with this division, if 1687
the person required to disclose demonstrates that the person is a 1688
business entity with ten employees or fewer and that the cost of 1689
providing the disclosures or notices to residents to whom 1690
disclosure or notification is required will exceed ten thousand 1691
dollars. Substitute notice under this division shall consist of 1692
all of the following: 1693

        (a) Notification by a paid advertisement in a local newspaper 1694
that is distributed in the geographic area in which the business 1695
entity is located, which advertisement shall be of sufficient size 1696
that it covers at least one-quarter of a page in the newspaper and 1697
shall be published in the newspaper at least once a week for three 1698
consecutive weeks; 1699

        (b) Conspicuous posting of the disclosure or notice on the 1700
business entity's web site, if the entity maintains one; 1701

        (c) Notification to major media outlets in the geographic 1702
area in which the business entity is located. 1703

       (F)(1) A financial institution, trust company, or credit 1704
union or any affiliate of a financial institution, trust company, 1705
or credit union that is required by federal law, including, but 1706
not limited to, any federal statute, regulation, regulatory 1707
guidance, or other regulatory action, to notify its customers of 1708
an information security breach with respect to information about 1709
those customers and that is subject to examination by its 1710
functional government regulatory agency for compliance with the 1711
applicable federal law, is exempt from the requirements of this 1712
section. 1713

       (2) This section does not apply to any person or entity that 1714
is ~~regulated by sections 1171 to 1179 of the "Social Security~~ 1715
~~Act," chapter 531, 49 Stat. 620 (1935), 42 U.S.C. 1320d to~~ 1716
~~1320d-8, and any corresponding regulations in 45 C.F.R. Parts 160~~ 1717
~~and 164~~a covered entity as defined in 45 C.F.R. 160.103, as 1718
amended. 1719

       (G) If a person discovers circumstances that require 1720
disclosure under this section to more than one thousand residents 1721
of this state involved in a single occurrence of a breach of the 1722
security of the system, the person shall notify, without 1723
unreasonable delay, all consumer reporting agencies that compile 1724
and maintain files on consumers on a nationwide basis of the 1725
timing, distribution, and content of the disclosure given by the 1726
person to the residents of this state. In no case shall a person 1727
that is required to make a notification required by this division 1728
delay any disclosure or notification required by division (B) or 1729
(C) of this section in order to make the notification required by 1730
this division. 1731

       (H) Any waiver of this section is contrary to public policy 1732
and is void and unenforceable. 1733

       (I) The attorney general may conduct pursuant to sections 1734
1349.191 and 1349.192 of the Revised Code an investigation and 1735
bring a civil action upon an alleged failure by a person to comply 1736
with the requirements of this section. 1737

       Sec. 4723.01. As used in this chapter: 1738

       (A) "Registered nurse" means an individual who holds a 1739
current, valid license issued under this chapter that authorizes 1740
the practice of nursing as a registered nurse. 1741

       (B) "Practice of nursing as a registered nurse" means 1742
providing to individuals and groups nursing care requiring 1743
specialized knowledge, judgment, and skill derived from the 1744
principles of biological, physical, behavioral, social, and 1745
nursing sciences. Such nursing care includes: 1746

       (1) Identifying patterns of human responses to actual or 1747
potential health problems amenable to a nursing regimen; 1748

       (2) Executing a nursing regimen through the selection, 1749
performance, management, and evaluation of nursing actions; 1750

       (3) Assessing health status for the purpose of providing 1751
nursing care; 1752

       (4) Providing health counseling and health teaching; 1753

       (5) Administering medications, treatments, and executing 1754
regimens authorized by an individual who is authorized to practice 1755
in this state and is acting within the course of the individual's 1756
professional practice; 1757

       (6) Teaching, administering, supervising, delegating, and 1758
evaluating nursing practice. 1759

       (C) "Nursing regimen" may include preventative, restorative, 1760
and health-promotion activities. 1761

       (D) "Assessing health status" means the collection of data 1762
through nursing assessment techniques, which may include 1763
interviews, observation, and physical evaluations for the purpose 1764
of providing nursing care. 1765

       (E) "Licensed practical nurse" means an individual who holds 1766
a current, valid license issued under this chapter that authorizes 1767
the practice of nursing as a licensed practical nurse. 1768

       (F) "The practice of nursing as a licensed practical nurse" 1769
means providing to individuals and groups nursing care requiring 1770
the application of basic knowledge of the biological, physical, 1771
behavioral, social, and nursing sciences at the direction of a 1772
licensed physician, dentist, podiatrist, optometrist, 1773
chiropractor, or registered nurse. Such nursing care includes: 1774

       (1) Observation, patient teaching, and care in a diversity of 1775
health care settings; 1776

       (2) Contributions to the planning, implementation, and 1777
evaluation of nursing; 1778

       (3) Administration of medications and treatments authorized 1779
by an individual who is authorized to practice in this state and 1780
is acting within the course of the individual's professional 1781
practice, except that administration of intravenous therapy shall 1782
be performed only in accordance with section 4723.17 or 4723.171 1783
of the Revised Code. Medications may be administered by a licensed 1784
practical nurse upon proof of completion of a course in medication 1785
administration approved by the board of nursing. 1786

       (4) Administration to an adult of intravenous therapy 1787
authorized by an individual who is authorized to practice in this 1788
state and is acting within the course of the individual's 1789
professional practice, on the condition that the licensed 1790
practical nurse is authorized under section 4723.17 or 4723.171 of 1791
the Revised Code to perform intravenous therapy and performs 1792
intravenous therapy only in accordance with those sections; 1793

       (5) Delegation of nursing tasks as directed by a registered 1794
nurse; 1795

       (6) Teaching nursing tasks to licensed practical nurses and 1796
individuals to whom the licensed practical nurse is authorized to 1797
delegate nursing tasks as directed by a registered nurse. 1798

       (G) "Certified registered nurse anesthetist" means a 1799
registered nurse who holds a valid certificate of authority issued 1800
under this chapter that authorizes the practice of nursing as a 1801
certified registered nurse anesthetist in accordance with section 1802
4723.43 of the Revised Code and rules adopted by the board of 1803
nursing. 1804

       (H) "Clinical nurse specialist" means a registered nurse who 1805
holds a valid certificate of authority issued under this chapter 1806
that authorizes the practice of nursing as a clinical nurse 1807
specialist in accordance with section 4723.43 of the Revised Code 1808
and rules adopted by the board of nursing. 1809

       (I) "Certified nurse-midwife" means a registered nurse who 1810
holds a valid certificate of authority issued under this chapter 1811
that authorizes the practice of nursing as a certified 1812
nurse-midwife in accordance with section 4723.43 of the Revised 1813
Code and rules adopted by the board of nursing. 1814

       (J) "Certified nurse practitioner" means a registered nurse 1815
who holds a valid certificate of authority issued under this 1816
chapter that authorizes the practice of nursing as a certified 1817
nurse practitioner in accordance with section 4723.43 of the 1818
Revised Code and rules adopted by the board of nursing. 1819

       (K) "Physician" means an individual authorized under Chapter 1820
4731. of the Revised Code to practice medicine and surgery or 1821
osteopathic medicine and surgery. 1822

       (L) "Collaboration" or "collaborating" means the following: 1823

       (1) In the case of a clinical nurse specialist, except as 1824
provided in division (L)(3) of this section, or a certified nurse 1825
practitioner, that one or more podiatrists acting within the scope 1826
of practice of podiatry in accordance with section 4731.51 of the 1827
Revised Code and with whom the nurse has entered into a standard 1828
care arrangement or one or more physicians with whom the nurse has 1829
entered into a standard care arrangement are continuously 1830
available to communicate with the clinical nurse specialist or 1831
certified nurse practitioner either in person or by radio, 1832
telephone, or other form of telecommunication; 1833

       (2) In the case of a certified nurse-midwife, that one or 1834
more physicians with whom the certified nurse-midwife has entered 1835
into a standard care arrangement are continuously available to 1836
communicate with the certified nurse-midwife either in person or 1837
by radio, telephone, or other form of telecommunication; 1838

       (3) In the case of a clinical nurse specialist who practices 1839
the nursing specialty of mental health or psychiatric mental 1840
health without being authorized to prescribe drugs and therapeutic 1841
devices, that one or more physicians are continuously available to 1842
communicate with the nurse either in person or by radio, 1843
telephone, or other form of telecommunication. 1844

       (M) "Supervision," as it pertains to a certified registered 1845
nurse anesthetist, means that the certified registered nurse 1846
anesthetist is under the direction of a podiatrist acting within 1847
the podiatrist's scope of practice in accordance with section 1848
4731.51 of the Revised Code, a dentist acting within the dentist's 1849
scope of practice in accordance with Chapter 4715. of the Revised 1850
Code, or a physician, and, when administering anesthesia, the 1851
certified registered nurse anesthetist is in the immediate 1852
presence of the podiatrist, dentist, or physician. 1853

       (N) "Standard care arrangement" means a written, formal guide 1854
for planning and evaluating a patient's health care that is 1855
developed by one or more collaborating physicians or podiatrists 1856
and a clinical nurse specialist, certified nurse-midwife, or 1857
certified nurse practitioner and meets the requirements of section 1858
4723.431 of the Revised Code. 1859

       (O) "Advanced practice nurse" means a certified registered 1860
nurse anesthetist, clinical nurse specialist, certified 1861
nurse-midwife, or certified nurse practitioner. 1862

       (P) "Dialysis care" means the care and procedures that a 1863
dialysis technician is authorized to provide and perform, as 1864
specified in section 4723.72 of the Revised Code. 1865

       (Q) "Dialysis technician" means an individual who holds a 1866
current, valid certificate or temporary certificate issued under 1867
this chapter that authorizes the individual to practice as a 1868
dialysis technician in accordance with section 4723.72 of the 1869
Revised Code. 1870

       (R) "Certified community health worker" means an individual 1871
who holds a current, valid certificate as a community health 1872
worker issued by the board of nursing under section 4723.85 of the 1873
Revised Code. 1874

       Sec. 4723.32. This chapter does not prohibit any of the 1875
following: 1876

       (A) The practice of nursing by a student currently enrolled 1877
in and actively pursuing completion of a prelicensure nursing 1878
education program approved by the board of nursing, if the 1879
student's practice is under the auspices of the program and the 1880
student acts under the supervision of a registered nurse serving 1881
for the program as a faculty member,or teaching assistant~~, or~~ 1882
~~preceptor~~; 1883

       (B) The rendering of medical assistance to a licensed 1884
physician, licensed dentist, or licensed podiatrist by a person 1885
under the direction, supervision, and control of such licensed 1886
physician, dentist, or podiatrist; 1887

       (C) The activities of persons employed as nursing aides, 1888
attendants, orderlies, or other auxiliary workers in patient 1889
homes, nurseries, nursing homes, hospitals, home health agencies, 1890
or other similar institutions; 1891

       (D) The provision of nursing services to family members or in 1892
emergency situations; 1893

       (E) The care of the sick when done in connection with the 1894
practice of religious tenets of any church and by or for its 1895
members; 1896

       (F) The practice of nursing as a certified registered nurse 1897
anesthetist, clinical nurse specialist, certified nurse-midwife, 1898
or certified nurse practitioner by a student currently enrolled in 1899
and actively pursuing completion of a program of study leading to 1900
initial authorization by the board to practice nursing in the 1901
specialty, if both of the following are the case: 1902

       (1) The program qualifies the student to sit for the 1903
examination of a national certifying organization listed in 1904
division (A)(3) of section 4723.41 of the Revised Code or approved 1905
by the board under section 4723.46 of the Revised Code or the 1906
program prepares the student to receive a master's degree in 1907
accordance with division (A)(2) of section 4723.41 of the Revised 1908
Code; 1909

       (2) The student's practice is under the auspices of the 1910
program and the student acts under the supervision of a registered 1911
nurse serving for the program as a faculty member, teaching 1912
assistant, or preceptor. 1913

       (G) The activities of an individual who currently holds a 1914
license to practice nursing in another jurisdiction, if the 1915
individual's license has not been revoked, the individual is not 1916
currently under suspension or on probation, the individual does 1917
not represent the individual as being licensed under this chapter, 1918
and one of the following is the case: 1919

       (1) The individual is engaging in the practice of nursing by 1920
discharging official duties while employed by or under contract 1921
with the United States government or any agency thereof; 1922

       (2) The individual is engaging in the practice of nursing as 1923
an employee of an individual, agency, or corporation located in 1924
the other jurisdiction in a position with employment 1925
responsibilities that include transporting patients into, out of, 1926
or through this state, as long as each trip in this state does not 1927
exceed seventy-two hours; 1928

       (3) The individual is consulting with an individual licensed 1929
in this state to practice any health-related profession; 1930

       (4) The individual is engaging in activities associated with 1931
teaching in this state as a guest lecturer at or for a nursing 1932
education program, continuing nursing education program, or 1933
in-service presentation; 1934

       (5) The individual is conducting evaluations of nursing care 1935
that are undertaken on behalf of an accrediting organization, 1936
including the national league for nursing accrediting committee, 1937
the joint commission on accreditation of healthcare organizations, 1938
or any other nationally recognized accrediting organization; 1939

       (6) The individual is providing nursing care to an individual 1940
who is in this state on a temporary basis, not to exceed six 1941
months in any one calendar year, if the nurse is directly employed 1942
by or under contract with the individual or a guardian or other 1943
person acting on the individual's behalf; 1944

       (7) The individual is providing nursing care during any 1945
disaster, natural or otherwise, that has been officially declared 1946
to be a disaster by a public announcement issued by an appropriate 1947
federal, state, county, or municipal official. 1948

       (H) The administration of medication by an individual who 1949
holds a valid medication aide certificate issued under this 1950
chapter, if the medication is administered to a resident of a 1951
nursing home or residential care facility authorized by section 1952
4723.63 or 4723.64 of the Revised Code to use a certified 1953
medication aide and the medication is administered in accordance 1954
with section 4723.67 of the Revised Code. 1955

       Section 2. That existing sections 133.07, 140.03, 140.05, 1956
325.19, 339.01, 339.02, 339.03, 339.06, 339.09, 339.091, 339.14, 1957
339.16, 339.17, 1347.12, 1349.19, 4723.01, and 4723.32 and 1958
section 339.092 of the Revised Code are hereby repealed. 1959

Section 1. That sections 133.07, 140.03, 140.05, 325.19,	13
339.01, 339.02, 339.03, 339.06, 339.09, 339.091, 339.14, 339.16,	14
339.17, 1347.12, 1349.19, 4723.01, and 4723.32 of the Revised Code	15
be amended to read as follows:	16

Sec. 133.07. (A) A county shall not incur, without a vote of	17
the electors, either of the following:	18

(1) Net indebtedness for all purposes that exceeds an amount	19
equal to one per cent of its tax valuation;	20

(2) Net indebtedness for the purpose of paying the county's	21
share of the cost of the construction, improvement, maintenance,	22
or repair of state highways that exceeds an amount equal to	23
one-half of one per cent of its tax valuation.	24

(B) A county shall not incur total net indebtedness that	25
exceeds an amount equal to one of the following limitations that	26
applies to the county:	27

(1) A county with a valuation not exceeding one hundred	28
million dollars, three per cent of that tax valuation;	29

(2) A county with a tax valuation exceeding one hundred	30
million dollars but not exceeding three hundred million dollars,	31
three million dollars plus one and one-half per cent of that tax	32
valuation in excess of one hundred million dollars;	33

(3) A county with a tax valuation exceeding three hundred	34
million dollars, six million dollars plus two and one-half per	35
cent of that tax valuation in excess of three hundred million	36
dollars.	37

(C) In calculating the net indebtedness of a county, none of	38
the following securities shall be considered:	39

(1) Securities described in section 307.201 of the Revised	40
Code;	41

(2) Self-supporting securities issued for any purposes,	42
including, but not limited to, any of the following general	43
purposes:	44

(b) Sanitary sewerage systems or facilities, or surface and	46
storm water drainage and sewerage systems or facilities, or a	47
combination of those systems or facilities;	48

(c) County or joint county scrap tire collection, storage,	49
monocell, monofill, or recovery facilities, or any combination of	50
those facilities;	51

(d) Off-street parking lots, facilities, or buildings, or	52
on-street parking facilities, or any combination of off-street and	53
on-street parking facilities;	54

(e) Facilities for the care or treatment of the sick or	55
infirm, and for housing the persons providing that care or	56
treatment and their families;	57

(f) Recreational, sports, convention, auditorium, museum,	58
trade show, and other public attraction facilities;	59

(g) Facilities for natural resources exploration,	60
development, recovery, use, and sale;	61

(h) Correctional and detention facilities and related	62
rehabilitation facilities.	63

(3) Securities issued for the purpose of purchasing,	64
constructing, improving, or extending water or sanitary or surface	65
and storm water sewerage systems or facilities, or a combination	66
of those systems or facilities, to the extent that an agreement	67
entered into with another subdivision requires the other	68
subdivision to pay to the county amounts equivalent to debt	69
charges on the securities;	70

(4) Voted general obligation securities issued for the	71
purpose of permanent improvements for sanitary sewerage or water	72
systems or facilities to the extent that the total principal	73
amount of voted securities outstanding for the purpose does not	74
exceed an amount equal to two per cent of the county's tax	75
valuation;	76

(5) Securities issued for permanent improvements to house	77
agencies, departments, boards, or commissions of the county or of	78
any municipal corporation located, in whole or in part, in the	79
county, to the extent that the revenues, other than revenues from	80
unvoted county property taxes, derived from leases or other	81
agreements between the county and those agencies, departments,	82
boards, commissions, or municipal corporations relating to the use	83
of the permanent improvements are sufficient to cover the cost of	84
all operating expenses of the permanent improvements paid by the	85
county and debt charges on the securities;	86

(6) Securities issued pursuant to section 133.08 of the	87
Revised Code;	88

(7) Securities issued for the purpose of acquiring or	89
constructing roads, highways, bridges, or viaducts, for the	90
purpose of acquiring or making other highway permanent	91
improvements, or for the purpose of procuring and maintaining	92
computer systems for the office of the clerk of any	93
county-operated municipal court, for the office of the clerk of	94
the court of common pleas, or for the office of the clerk of the	95
probate, juvenile, or domestic relations division of the court of	96
common pleas to the extent that the legislation authorizing the	97
issuance of the securities includes a covenant to appropriate from	98
moneys distributed to the county pursuant to division (B) of	99
section 2101.162, 2151.541, 2153.081, 2301.031, or 2303.201 or	100
Chapter 4501., 4503., 4504., or 5735. of the Revised Code a	101
sufficient amount to cover debt charges on and financing costs	102
relating to the securities as they become due;	103

(8) Securities issued for the purpose of acquiring,	104
constructing, improving, and equipping a county, multicounty, or	105
multicounty-municipal jail, workhouse, juvenile detention	106
facility, or correctional facility;	107

(9) Securities issued for the acquisition, construction,	108
equipping, or repair of any permanent improvement or any class or	109
group of permanent improvements enumerated in a resolution adopted	110
pursuant to division (D) of section 5739.026 of the Revised Code	111
to the extent that the legislation authorizing the issuance of the	112
securities includes a covenant to appropriate from moneys received	113
from the taxes authorized under section 5739.023 and division	114
(A)(5) of section 5739.026 of the Revised Code an amount	115
sufficient to pay debt charges on the securities and those moneys	116
shall be pledged for that purpose;	117

(10) Securities issued for county or joint county solid waste	118
or hazardous waste collection, transfer, or disposal facilities,	119
or resource recovery and solid or hazardous waste recycling	120
facilities, or any combination of those facilities;	121

(11) Securities issued for the acquisition, construction, and	122
equipping of a port authority educational and cultural facility	123
under section 307.671 of the Revised Code;	124

(12) Securities issued for the acquisition, construction,	125
equipping, and improving of a municipal educational and cultural	126
facility under division (B)(1) of section 307.672 of the Revised	127
Code;	128

(13) Securities issued for energy conservation measures under	129
section 307.041 of the Revised Code;	130

(14) Securities issued for the acquisition, construction,	131
equipping, improving, or repair of a sports facility, including	132
obligations issued to pay costs of a sports facility under section	133
307.673 of the Revised Code;	134