As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 219


Representative Patton 

Cosponsors: Representatives Healy, Yuko 

A BILL
To amend section 2317.02 of the Revised Code to 1
create a testimonial privilege for communications 2
between a representative of an employee 3
organization and a bargaining unit member.4


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

       Section 1. That section 2317.02 of the Revised Code be 5
amended to read as follows:6

       Sec. 2317.02.  The following persons shall not testify in7
certain respects:8

       (A) An attorney, concerning a communication made to the9
attorney by a client in that relation or the attorney's advice to10
a client, except that the attorney may testify by express consent11
of the client or, if the client is deceased, by the express12
consent of the surviving spouse or the executor or administrator13
of the estate of the deceased client. However, if the client 14
voluntarily testifies or is deemed by section 2151.421 of the 15
Revised Code to have waived any testimonial privilege under this 16
division, the attorney may be compelled to testify on the same 17
subject.18

       The testimonial privilege established under this division 19
does not apply concerning a communication between a client who has 20
since died and the deceased client's attorney if the communication 21
is relevant to a dispute between parties who claim through that 22
deceased client, regardless of whether the claims are by testate 23
or intestate succession or by inter vivos transaction, and the 24
dispute addresses the competency of the deceased client when the 25
deceased client executed a document that is the basis of the 26
dispute or whether the deceased client was a victim of fraud, 27
undue influence, or duress when the deceased client executed a 28
document that is the basis of the dispute.29

       (B)(1) A physician or a dentist concerning a communication30
made to the physician or dentist by a patient in that relation or31
the physician's or dentist's advice to a patient, except as32
otherwise provided in this division, division (B)(2), and division33
(B)(3) of this section, and except that, if the patient is deemed34
by section 2151.421 of the Revised Code to have waived any35
testimonial privilege under this division, the physician may be36
compelled to testify on the same subject.37

       The testimonial privilege established under this division38
does not apply, and a physician or dentist may testify or may be39
compelled to testify, in any of the following circumstances:40

       (a) In any civil action, in accordance with the discovery41
provisions of the Rules of Civil Procedure in connection with a42
civil action, or in connection with a claim under Chapter 4123. of43
the Revised Code, under any of the following circumstances:44

       (i) If the patient or the guardian or other legal45
representative of the patient gives express consent;46

       (ii) If the patient is deceased, the spouse of the patient or 47
the executor or administrator of the patient's estate gives48
express consent;49

       (iii) If a medical claim, dental claim, chiropractic claim,50
or optometric claim, as defined in section 2305.113 of the Revised51
Code, an action for wrongful death, any other type of civil52
action, or a claim under Chapter 4123. of the Revised Code is53
filed by the patient, the personal representative of the estate of54
the patient if deceased, or the patient's guardian or other legal55
representative.56

       (b) In any civil action concerning court-ordered treatment or 57
services received by a patient, if the court-ordered treatment or 58
services were ordered as part of a case plan journalized under59
section 2151.412 of the Revised Code or the court-ordered60
treatment or services are necessary or relevant to dependency,61
neglect, or abuse or temporary or permanent custody proceedings62
under Chapter 2151. of the Revised Code.63

       (c) In any criminal action concerning any test or the results 64
of any test that determines the presence or concentration of 65
alcohol, a drug of abuse, a combination of them, a controlled 66
substance, or a metabolite of a controlled substance in the 67
patient's whole blood, blood serum or plasma, breath, urine, or 68
other bodily substance at any time relevant to the criminal 69
offense in question.70

       (d) In any criminal action against a physician or dentist. In 71
such an action, the testimonial privilege established under this 72
division does not prohibit the admission into evidence, in73
accordance with the Rules of Evidence, of a patient's medical or74
dental records or other communications between a patient and the75
physician or dentist that are related to the action and obtained76
by subpoena, search warrant, or other lawful means. A court that77
permits or compels a physician or dentist to testify in such an78
action or permits the introduction into evidence of patient79
records or other communications in such an action shall require80
that appropriate measures be taken to ensure that the81
confidentiality of any patient named or otherwise identified in82
the records is maintained. Measures to ensure confidentiality that 83
may be taken by the court include sealing its records or deleting 84
specific information from its records.85

       (e)(i) If the communication was between a patient who has 86
since died and the deceased patient's physician or dentist, the 87
communication is relevant to a dispute between parties who claim 88
through that deceased patient, regardless of whether the claims 89
are by testate or intestate succession or by inter vivos 90
transaction, and the dispute addresses the competency of the 91
deceased patient when the deceased patient executed a document 92
that is the basis of the dispute or whether the deceased patient 93
was a victim of fraud, undue influence, or duress when the 94
deceased patient executed a document that is the basis of the 95
dispute.96

       (ii) If neither the spouse of a patient nor the executor or 97
administrator of that patient's estate gives consent under 98
division (B)(1)(a)(ii) of this section, testimony or the 99
disclosure of the patient's medical records by a physician, 100
dentist, or other health care provider under division (B)(1)(e)(i) 101
of this section is a permitted use or disclosure of protected 102
health information, as defined in 45 C.F.R. 160.103, and an 103
authorization or opportunity to be heard shall not be required.104

       (iii) Division (B)(1)(e)(i) of this section does not require 105
a mental health professional to disclose psychotherapy notes, as 106
defined in 45 C.F.R. 164.501.107

       (iv) An interested person who objects to testimony or 108
disclosure under division (B)(1)(e)(i) of this section may seek a 109
protective order pursuant to Civil Rule 26.110

       (v) A person to whom protected health information is 111
disclosed under division (B)(1)(e)(i) of this section shall not 112
use or disclose the protected health information for any purpose 113
other than the litigation or proceeding for which the information 114
was requested and shall return the protected health information to 115
the covered entity or destroy the protected health information, 116
including all copies made, at the conclusion of the litigation or 117
proceeding.118

       (2)(a) If any law enforcement officer submits a written119
statement to a health care provider that states that an official120
criminal investigation has begun regarding a specified person or121
that a criminal action or proceeding has been commenced against a122
specified person, that requests the provider to supply to the123
officer copies of any records the provider possesses that pertain124
to any test or the results of any test administered to the125
specified person to determine the presence or concentration of126
alcohol, a drug of abuse, a combination of them, a controlled 127
substance, or a metabolite of a controlled substance in the 128
person's whole blood, blood serum or plasma, breath, or urine at 129
any time relevant to the criminal offense in question, and that 130
conforms to section 2317.022 of the Revised Code, the provider, 131
except to the extent specifically prohibited by any law of this 132
state or of the United States, shall supply to the officer a copy 133
of any of the requested records the provider possesses. If the 134
health care provider does not possess any of the requested 135
records, the provider shall give the officer a written statement 136
that indicates that the provider does not possess any of the 137
requested records.138

       (b) If a health care provider possesses any records of the139
type described in division (B)(2)(a) of this section regarding the140
person in question at any time relevant to the criminal offense in141
question, in lieu of personally testifying as to the results of142
the test in question, the custodian of the records may submit a143
certified copy of the records, and, upon its submission, the144
certified copy is qualified as authentic evidence and may be145
admitted as evidence in accordance with the Rules of Evidence.146
Division (A) of section 2317.422 of the Revised Code does not147
apply to any certified copy of records submitted in accordance148
with this division. Nothing in this division shall be construed to 149
limit the right of any party to call as a witness the person who150
administered the test to which the records pertain, the person151
under whose supervision the test was administered, the custodian152
of the records, the person who made the records, or the person153
under whose supervision the records were made.154

       (3)(a) If the testimonial privilege described in division155
(B)(1) of this section does not apply as provided in division156
(B)(1)(a)(iii) of this section, a physician or dentist may be157
compelled to testify or to submit to discovery under the Rules of158
Civil Procedure only as to a communication made to the physician159
or dentist by the patient in question in that relation, or the160
physician's or dentist's advice to the patient in question, that161
related causally or historically to physical or mental injuries162
that are relevant to issues in the medical claim, dental claim,163
chiropractic claim, or optometric claim, action for wrongful164
death, other civil action, or claim under Chapter 4123. of the165
Revised Code.166

       (b) If the testimonial privilege described in division (B)(1) 167
of this section does not apply to a physician or dentist as168
provided in division (B)(1)(c) of this section, the physician or169
dentist, in lieu of personally testifying as to the results of the170
test in question, may submit a certified copy of those results,171
and, upon its submission, the certified copy is qualified as172
authentic evidence and may be admitted as evidence in accordance173
with the Rules of Evidence. Division (A) of section 2317.422 of174
the Revised Code does not apply to any certified copy of results175
submitted in accordance with this division. Nothing in this176
division shall be construed to limit the right of any party to177
call as a witness the person who administered the test in178
question, the person under whose supervision the test was179
administered, the custodian of the results of the test, the person180
who compiled the results, or the person under whose supervision181
the results were compiled.182

       (4) The testimonial privilege described in division (B)(1) of 183
this section is not waived when a communication is made by a184
physician to a pharmacist or when there is communication between a185
patient and a pharmacist in furtherance of the physician-patient186
relation.187

       (5)(a) As used in divisions (B)(1) to (4) of this section,188
"communication" means acquiring, recording, or transmitting any189
information, in any manner, concerning any facts, opinions, or190
statements necessary to enable a physician or dentist to diagnose,191
treat, prescribe, or act for a patient. A "communication" may192
include, but is not limited to, any medical or dental, office, or193
hospital communication such as a record, chart, letter,194
memorandum, laboratory test and results, x-ray, photograph,195
financial statement, diagnosis, or prognosis.196

       (b) As used in division (B)(2) of this section, "health care197
provider" means a hospital, ambulatory care facility, long-term198
care facility, pharmacy, emergency facility, or health care199
practitioner.200

       (c) As used in division (B)(5)(b) of this section:201

       (i) "Ambulatory care facility" means a facility that provides202
medical, diagnostic, or surgical treatment to patients who do not203
require hospitalization, including a dialysis center, ambulatory204
surgical facility, cardiac catheterization facility, diagnostic205
imaging center, extracorporeal shock wave lithotripsy center, home206
health agency, inpatient hospice, birthing center, radiation207
therapy center, emergency facility, and an urgent care center.208
"Ambulatory health care facility" does not include the private209
office of a physician or dentist, whether the office is for an210
individual or group practice.211

       (ii) "Emergency facility" means a hospital emergency212
department or any other facility that provides emergency medical213
services.214

       (iii) "Health care practitioner" has the same meaning as in215
section 4769.01 of the Revised Code.216

       (iv) "Hospital" has the same meaning as in section 3727.01 of217
the Revised Code.218

       (v) "Long-term care facility" means a nursing home,219
residential care facility, or home for the aging, as those terms220
are defined in section 3721.01 of the Revised Code; an adult care221
facility, as defined in section 3722.01 of the Revised Code; a222
nursing facility or intermediate care facility for the mentally223
retarded, as those terms are defined in section 5111.20 of the224
Revised Code; a facility or portion of a facility certified as a225
skilled nursing facility under Title XVIII of the "Social Security226
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended.227

       (vi) "Pharmacy" has the same meaning as in section 4729.01 of228
the Revised Code.229

       (d) As used in divisions (B)(1) and (B)(2) of this section, 230
"drug of abuse" has the same meaning as in section 4506.01 of the 231
Revised Code.232

       (6) Divisions (B)(1), (2), (3), (4), and (5) of this section233
apply to doctors of medicine, doctors of osteopathic medicine,234
doctors of podiatry, and dentists.235

       (7) Nothing in divisions (B)(1) to (6) of this section236
affects, or shall be construed as affecting, the immunity from237
civil liability conferred by section 307.628 of the Revised Code 238
or the immunity from civil liability conferred by section 2305.33 239
of the Revised Code upon physicians who report an employee's use 240
of a drug of abuse, or a condition of an employee other than one241
involving the use of a drug of abuse, to the employer of the242
employee in accordance with division (B) of that section. As used243
in division (B)(7) of this section, "employee," "employer," and244
"physician" have the same meanings as in section 2305.33 of the245
Revised Code.246

       (C)(1) A cleric, when the cleric remains accountable to the 247
authority of that cleric's church, denomination, or sect, 248
concerning a confession made, or any information confidentially 249
communicated, to the cleric for a religious counseling purpose in 250
the cleric's professional character. The cleric may testify by251
express consent of the person making the communication, except252
when the disclosure of the information is in violation of a sacred253
trust and except that, if the person voluntarily testifies or is 254
deemed by division (A)(4)(c) of section 2151.421 of the Revised 255
Code to have waived any testimonial privilege under this division, 256
the cleric may be compelled to testify on the same subject except 257
when disclosure of the information is in violation of a sacred 258
trust.259

       (2) As used in division (C) of this section:260

        (a) "Cleric" means a member of the clergy, rabbi, priest, 261
Christian scienceScience practitioner, or regularly ordained, 262
accredited, or licensed minister of an established and legally 263
cognizable church, denomination, or sect.264

        (b) "Sacred trust" means a confession or confidential 265
communication made to a cleric in the cleric's ecclesiastical 266
capacity in the course of discipline enjoined by the church to 267
which the cleric belongs, including, but not limited to, the 268
Catholic Church, if both of the following apply:269

        (i) The confession or confidential communication was made 270
directly to the cleric.271

        (ii) The confession or confidential communication was made in 272
the manner and context that places the cleric specifically and 273
strictly under a level of confidentiality that is considered 274
inviolate by canon law or church doctrine.275

       (D) Husband or wife, concerning any communication made by one 276
to the other, or an act done by either in the presence of the277
other, during coverture, unless the communication was made, or act278
done, in the known presence or hearing of a third person competent279
to be a witness; and such rule is the same if the marital relation280
has ceased to exist;281

       (E) A person who assigns a claim or interest, concerning any282
matter in respect to which the person would not, if a party, be283
permitted to testify;284

       (F) A person who, if a party, would be restricted under285
section 2317.03 of the Revised Code, when the property or thing is286
sold or transferred by an executor, administrator, guardian,287
trustee, heir, devisee, or legatee, shall be restricted in the288
same manner in any action or proceeding concerning the property or289
thing.290

       (G)(1) A school guidance counselor who holds a valid educator 291
license from the state board of education as provided for in 292
section 3319.22 of the Revised Code, a person licensed under293
Chapter 4757. of the Revised Code as a professional clinical294
counselor, professional counselor, social worker, independent295
social worker, marriage and family therapist or independent 296
marriage and family therapist, or registered under Chapter 4757. 297
of the Revised Code as a social work assistant concerning a 298
confidential communication received from a client in that relation 299
or the person's advice to a client unless any of the following 300
applies:301

       (a) The communication or advice indicates clear and present302
danger to the client or other persons. For the purposes of this303
division, cases in which there are indications of present or past304
child abuse or neglect of the client constitute a clear and305
present danger.306

       (b) The client gives express consent to the testimony.307

       (c) If the client is deceased, the surviving spouse or the308
executor or administrator of the estate of the deceased client309
gives express consent.310

       (d) The client voluntarily testifies, in which case the311
school guidance counselor or person licensed or registered under312
Chapter 4757. of the Revised Code may be compelled to testify on313
the same subject.314

       (e) The court in camera determines that the information315
communicated by the client is not germane to the counselor-client, 316
marriage and family therapist-client, or social worker-client 317
relationship.318

       (f) A court, in an action brought against a school, its319
administration, or any of its personnel by the client, rules after320
an in-camera inspection that the testimony of the school guidance321
counselor is relevant to that action.322

       (g) The testimony is sought in a civil action and concerns323
court-ordered treatment or services received by a patient as part324
of a case plan journalized under section 2151.412 of the Revised325
Code or the court-ordered treatment or services are necessary or326
relevant to dependency, neglect, or abuse or temporary or327
permanent custody proceedings under Chapter 2151. of the Revised328
Code.329

       (2) Nothing in division (G)(1) of this section shall relieve330
a school guidance counselor or a person licensed or registered331
under Chapter 4757. of the Revised Code from the requirement to332
report information concerning child abuse or neglect under section333
2151.421 of the Revised Code.334

       (H) A mediator acting under a mediation order issued under335
division (A) of section 3109.052 of the Revised Code or otherwise336
issued in any proceeding for divorce, dissolution, legal337
separation, annulment, or the allocation of parental rights and338
responsibilities for the care of children, in any action or339
proceeding, other than a criminal, delinquency, child abuse, child340
neglect, or dependent child action or proceeding, that is brought341
by or against either parent who takes part in mediation in342
accordance with the order and that pertains to the mediation343
process, to any information discussed or presented in the344
mediation process, to the allocation of parental rights and345
responsibilities for the care of the parents' children, or to the346
awarding of parenting time rights in relation to their children;347

       (I) A communications assistant, acting within the scope of348
the communication assistant's authority, when providing349
telecommunications relay service pursuant to section 4931.35 of350
the Revised Code or Title II of the "Communications Act of 1934,"351
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication352
made through a telecommunications relay service. Nothing in this353
section shall limit the obligation of a communications assistant354
to divulge information or testify when mandated by federal law or355
regulation or pursuant to subpoena in a criminal proceeding.356

       Nothing in this section shall limit any immunity or privilege357
granted under federal law or regulation.358

       (J)(1) A chiropractor in a civil proceeding concerning a359
communication made to the chiropractor by a patient in that360
relation or the chiropractor's advice to a patient, except as361
otherwise provided in this division. The testimonial privilege362
established under this division does not apply, and a chiropractor363
may testify or may be compelled to testify, in any civil action,364
in accordance with the discovery provisions of the Rules of Civil365
Procedure in connection with a civil action, or in connection with366
a claim under Chapter 4123. of the Revised Code, under any of the367
following circumstances:368

       (a) If the patient or the guardian or other legal369
representative of the patient gives express consent.370

       (b) If the patient is deceased, the spouse of the patient or371
the executor or administrator of the patient's estate gives372
express consent.373

       (c) If a medical claim, dental claim, chiropractic claim, or374
optometric claim, as defined in section 2305.113 of the Revised375
Code, an action for wrongful death, any other type of civil376
action, or a claim under Chapter 4123. of the Revised Code is377
filed by the patient, the personal representative of the estate of378
the patient if deceased, or the patient's guardian or other legal379
representative.380

       (2) If the testimonial privilege described in division (J)(1) 381
of this section does not apply as provided in division (J)(1)(c) 382
of this section, a chiropractor may be compelled to testify or to 383
submit to discovery under the Rules of Civil Procedure only as to 384
a communication made to the chiropractor by the patient in 385
question in that relation, or the chiropractor's advice to the386
patient in question, that related causally or historically to387
physical or mental injuries that are relevant to issues in the388
medical claim, dental claim, chiropractic claim, or optometric389
claim, action for wrongful death, other civil action, or claim390
under Chapter 4123. of the Revised Code.391

       (3) The testimonial privilege established under this division 392
does not apply, and a chiropractor may testify or be compelled to 393
testify, in any criminal action or administrative proceeding.394

       (4) As used in this division, "communication" means395
acquiring, recording, or transmitting any information, in any396
manner, concerning any facts, opinions, or statements necessary to397
enable a chiropractor to diagnose, treat, or act for a patient. A398
communication may include, but is not limited to, any399
chiropractic, office, or hospital communication such as a record,400
chart, letter, memorandum, laboratory test and results, x-ray,401
photograph, financial statement, diagnosis, or prognosis.402

       (K)(1) Except as provided under division (K)(2) of this 403
section, a critical incident stress management team member 404
concerning a communication received from an individual who 405
receives crisis response services from the team member, or the 406
team member's advice to the individual, during a debriefing 407
session.408

        (2) The testimonial privilege established under division 409
(K)(1) of this section does not apply if any of the following are 410
true:411

        (a) The communication or advice indicates clear and present 412
danger to the individual who receives crisis response services or 413
to other persons. For purposes of this division, cases in which 414
there are indications of present or past child abuse or neglect of 415
the individual constitute a clear and present danger.416

        (b) The individual who received crisis response services 417
gives express consent to the testimony.418

       (c) If the individual who received crisis response services 419
is deceased, the surviving spouse or the executor or administrator 420
of the estate of the deceased individual gives express consent.421

        (d) The individual who received crisis response services 422
voluntarily testifies, in which case the team member may be 423
compelled to testify on the same subject.424

        (e) The court in camera determines that the information 425
communicated by the individual who received crisis response 426
services is not germane to the relationship between the individual 427
and the team member.428

       (f) The communication or advice pertains or is related to any 429
criminal act.430

       (3) As used in division (K) of this section:431

       (a) "Crisis response services" means consultation, risk 432
assessment, referral, and on-site crisis intervention services 433
provided by a critical incident stress management team to 434
individuals affected by crisis or disaster.435

       (b) "Critical incident stress management team member" or 436
"team member" means an individual specially trained to provide 437
crisis response services as a member of an organized community or 438
local crisis response team that holds membership in the Ohio 439
critical incident stress management network.440

       (c) "Debriefing session" means a session at which crisis 441
response services are rendered by a critical incident stress 442
management team member during or after a crisis or disaster.443

       (L)(1) Subject to division (L)(2) of this section and except444
as provided in division (L)(3) of this section, an employee445
assistance professional, concerning a communication made to the446
employee assistance professional by a client in the employee447
assistance professional's official capacity as an employee448
assistance professional.449

        (2) Division (L)(1) of this section applies to an employee450
assistance professional who meets either or both of the following451
requirements:452

        (a) Is certified by the employee assistance certification453
commission to engage in the employee assistance profession;454

        (b) Has education, training, and experience in all of the455
following:456

        (i) Providing workplace-based services designed to address457
employer and employee productivity issues;458

        (ii) Providing assistance to employees and employees'459
dependents in identifying and finding the means to resolve460
personal problems that affect the employees or the employees'461
performance;462

       (iii) Identifying and resolving productivity problems463
associated with an employee's concerns about any of the following464
matters: health, marriage, family, finances, substance abuse or465
other addiction, workplace, law, and emotional issues;466

       (iv) Selecting and evaluating available community resources;467

        (v) Making appropriate referrals;468

        (vi) Local and national employee assistance agreements;469

        (vii) Client confidentiality.470

        (3) Division (L)(1) of this section does not apply to any of 471
the following:472

        (a) A criminal action or proceeding involving an offense473
under sections 2903.01 to 2903.06 of the Revised Code if the474
employee assistance professional's disclosure or testimony relates475
directly to the facts or immediate circumstances of the offense;476

        (b) A communication made by a client to an employee477
assistance professional that reveals the contemplation or478
commission of a crime or serious, harmful act;479

        (c) A communication that is made by a client who is an480
unemancipated minor or an adult adjudicated to be incompetent and481
indicates that the client was the victim of a crime or abuse;482

       (d) A civil proceeding to determine an individual's mental483
competency or a criminal action in which a plea of not guilty by484
reason of insanity is entered;485

        (e) A civil or criminal malpractice action brought against486
the employee assistance professional;487

        (f) When the employee assistance professional has the express 488
consent of the client or, if the client is deceased or disabled, 489
the client's legal representative;490

        (g) When the testimonial privilege otherwise provided by491
division (L)(1) of this section is abrogated under law.492

       (M)(1) A representative of an employee organization, in any 493
civil, criminal, or administative action or proceeding concerning 494
a communication between the representative and a bargaining unit 495
member made while the representative was acting in a 496
representative capacity on behalf of the employee organization.497

       (2) The testimonial privilege established under this division 498
does not apply, and a representative of an employee organization 499
may testify, under any of the following circumstances:500

       (a) If and to the extent the testimony appears necessary to 501
prevent the commission of a crime that is likely to create a 502
clear, imminent risk of serious physical harm to or death of 503
another person;504

       (b) In a civil or criminal action against the representative 505
in the representative's personal or representative capacity, 506
against the employee organization or an affiliate of the employee 507
organization, or against any representative of the employee 508
organization in the representative's representative capacity;509

       (c) If required to do so by court order;510

       (d) With the express consent of the bargaining unit member, 511
the guardian or other legal representative of the bargaining unit 512
member, or, if the bargaining unit member is deceased, the spouse, 513
executor, or administrator of the bargaining unit member.514

       (3) If there is a conflict between this section and any 515
federal or state labor law with regard to a specific situation, 516
the provisions of the federal or state labor law shall control.517

       (4) As used in division (M) of this section, "employee 518
organization" means any labor union or bona fide organization in 519
which employees participate and that exists for the purpose, in 520
whole or in part, of dealing with employers concerning grievances, 521
labor disputes, wages, hours, terms, and other conditions of 522
employment.523

       Section 2. That existing section 2317.02 of the Revised Code 524
is hereby repealed.525

       Section 3.  Section 2317.02 of the Revised Code is presented 526
in this act as a composite of the section as amended by Sub. H.B. 527
144, Sub. S.B. 8, and Am. Sub. S.B. 17 of the 126th General 528
Assembly. The General Assembly, applying the principle stated in 529
division (B) of section 1.52 of the Revised Code that amendments 530
are to be harmonized if reasonably capable of simultaneous 531
operation, finds that the composite is the resulting version of 532
the section in effect prior to the effective date of the section 533
as presented in this act.534