As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 495


Representatives Book, Dodd 



A BILL
To amend sections 101.83, 101.84, 101.85, 101.86, 1
119.01, 121.084, 121.32, 127.14, 149.304, 173.03, 2
173.04, 901.90, 1121.12, 1121.18, 1121.29, 3
1123.01, 1123.02, 1123.03, 1123.04, 1155.13, 4
1163.16, 1181.11, 1315.122, 1349.71, 1506.22, 5
1506.23, 1506.24, 1521.19, 1733.32, 3119.024, 6
3301.90, 3311.71, 3313.6013, 3335.27, 3345.062, 7
3701.025, 3701.63, 3702.79, 3702.80, 3702.81, 8
3702.85, 3702.86, 3702.93, 3702.94, 3705.35, 9
3705.36, 3718.03, 3727.312, 3727.313, 3727.321, 10
3727.39, 3727.41, 3743.54, 3746.04, 3769.083, 11
3769.085, 3769.086, 3905.04, 3905.481, 3905.484, 12
3905.485, 3905.486, 3905.88, 3929.631, 3929.64, 13
3929.68, 3930.02, 3930.03, 4121.03, 4121.121, 14
4121.77, 4123.341, 4123.342, 4123.35, 4169.02, 15
4169.03, 4169.04, 4169.05, 4169.06, 4503.52, 16
4503.77, 4723.61, 4723.63, 4723.69, 4981.361, 17
5104.39, 5111.708, 5123.032, and 5123.093; to 18
amend, for the purpose of adopting new section 19
numbers as indicated in parentheses, sections 20
1506.22 (6161.04), 1506.23 (6161.05), and 1506.24 21
(6161.06); to enact sections 184.21 and 6161.021; 22
and to repeal sections 101.37, 121.374, 122.98, 23
122.981, 125.833, 181.22, 184.23, 184.231, 24
1181.16, 1181.17, 1501.25, 1506.12, 1506.21, 25
1733.329, 1733.3210, 2151.282, 2323.44, 3311.77, 26
3319.70, 3319.71, 3701.92, 3702.92, 3727.32, 27
3727.322, 3746.03, 3769.084, 3905.483, 4121.79, 28
4501.025, 4723.62, 4723.621, 4937.01, 4937.02, 29
4937.03, 4937.04, 4937.05, 5104.08, 5111.709, 30
5111.710, and 5902.15 of the Revised Code; to 31
repeal section 101.38 of the Revised Code on 32
December 31, 2011; to amend Section 203 of Am. 33
Sub. H.B. 15 of the 128th General Assembly and 34
Section 513.03 of Am. Sub. H.B. 66 of the 126th 35
General Assembly as subsequently amended; and to 36
repeal Section 3 of Am. H.B. 416 of the 127th 37
General Assembly, Sections 265.70.20, 709.10, and 38
751.13 of Am. Sub. H.B. 1 of the 128th General 39
Assembly, Sections 755.40, 755.80, and 756.40 of 40
Am. Sub. H.B. 2 of the 128th General Assembly, 41
Section 3 of Sub. H.B. 7 of the 127th General 42
Assembly, Section 555.17 of Am. Sub. H.B. 67 of 43
the 127th General Assembly, Sections 263.30.30, 44
337.20.20, 377.20, 737.11, and 737.12 of Am. Sub. 45
H.B. 119 of the 127th General Assembly, Sections 6 46
and 7 of Sub. H.B. 125 of the 127th General 47
Assembly, Section 2 of Sub. H.B. 233 of the 127th 48
General Assembly, Section 3 of Am. H.B. 416 of the 49
127th General Assembly, Sections 703.30 and 715.50 50
of Am. Sub. H.B. 562 of the 127th General 51
Assembly, Section 512.45 of Am. Sub. H.B. 100 of 52
the 127th General Assembly as subsequently 53
amended, Section 4 of Am. Sub. S.B. 77 of the 54
127th General Assembly, Sections 206.10.12, 55
206.42.12, 206.66.24, 206.66.43, 209.63.58, 56
503.09, 503.12, and 560.03 of Am. Sub. H.B. 66 of 57
the 126th General Assembly, Sections 3 and 4 of 58
Sub. H.B. 187 of the 126th General Assembly, 59
Section 1 of Sub. H.B. 371 of the 126th General 60
Assembly, Section 235.60.70 of Am. Sub. H.B. 699 61
of the 126th General Assembly, Section 3 of Am. 62
Sub. S.B. 167 of the 126th General Assembly, 63
Section 5 of Am. Sub. S.B. 260 of the 126th 64
General Assembly, Section 3 of Am. Sub. S.B. 311 65
of the 126th General Assembly, Section 3 of Sub. 66
S.B. 393 of the 126th General Assembly, Sections 67
12 and 25 of Am. Sub. H.B. 87 of the 125th General 68
Assembly, Sections 41.35 and 153 of Am. Sub. H.B. 69
95 of the 125th General Assembly, Section 3 of 70
Sub. H.B. 204 of the 125th General Assembly, 71
Section 8 of Sub. H.B. 299 of the 125th General 72
Assembly, Section 6 of Am. Sub. H.B. 516 of the 73
125th General Assembly, Section 3 of Am. Sub. S.B. 74
86 of the 125th General Assembly, Section 5 of 75
Sub. H.B. 57 of the 124th General Assembly, 76
Section 3 of Am. Sub. H.B. 474 of the 124th 77
General Assembly, Section 4 of Am. Sub. S.B. 281 78
of the 124th General Assembly, Section 701.20 of 79
Am. Sub. H.B. 562 of the 127th General Assembly as 80
subsequently amended, Section 206.66.53 of Am. 81
Sub. H.B. 66 of the 126th General Assembly as 82
subsequently amended, Section 6 of Sub. H.B. 336 83
of the 126th General Assembly as subsequently 84
amended, Section 755.03 of Am. Sub. H.B. 530 of 85
the 126th General Assembly, as subsequently 86
amended, Section 6 of Am. Sub. S.B. 238 of the 87
126th General Assembly as subsequently amended, 88
Section 8 of Am. Sub. S.B. 311 of the 126th 89
General Assembly as subsequently amended, Section 90
152 of Am. Sub. H.B. 95 of the 125th General 91
Assembly, as subsequently amended, Section 59.29 92
of Am. Sub. H.B. 95 of the 125th General Assembly 93
as subsequently amended, and Section 69 of H.B. 94
117 of the 121st General Assembly as subsequently 95
amended to implement the recommendations of the 96
Sunset Review Committee by abolishing, 97
terminating, transferring, or renewing various 98
agencies and by reestablishing the Sunset Review 99
Committee but postponing its operation until the 100
132nd General Assembly, and to terminate the 101
operation of certain provisions of this act on 102
December 31, 2016, by repealing sections 101.82, 103
101.83, 101.84, 101.85, 101.86, and 101.87 of the 104
Revised Code on that date.105


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

       Section 1. That sections 101.83, 101.84, 101.85, 101.86, 106
119.01, 121.084, 121.32, 127.14, 149.304, 173.03, 173.04, 901.90, 107
1121.12, 1121.18, 1121.29, 1123.01, 1123.02, 1123.03, 1123.04, 108
1155.13, 1163.16, 1181.11, 1315.122, 1349.71, 1506.22, 1506.23, 109
1506.24, 1521.19, 1733.32, 3119.024, 3301.90, 3311.71, 3313.6013, 110
3335.27, 3345.062, 3701.025, 3701.63, 3702.79, 3702.80, 3702.81, 111
3702.85, 3702.86, 3702.93, 3702.94, 3705.35, 3705.36, 3718.03, 112
3727.312, 3727.313, 3727.321, 3727.39, 3727.41, 3743.54, 3746.04, 113
3769.083, 3769.085, 3769.086, 3905.04, 3905.481, 3905.484, 114
3905.485, 3905.486, 3905.88, 3929.631, 3929.64, 3929.68, 3930.02, 115
3930.03, 4121.03, 4121.121, 4121.77, 4123.341, 4123.342, 4123.35, 116
4169.02, 4169.03, 4169.04, 4169.05, 4169.06, 4503.52, 4503.77, 117
4723.61, 4723.63, 4723.69, 4981.361, 5104.39, 5111.708, 5123.032, 118
and 5123.093 be amended, sections 1506.22 (6161.04), 1506.23 119
(6161.05), and 1506.24 (6161.06) be amended for the purpose of 120
adopting new section numbers as indicated in parentheses, and 121
sections 184.21 and 6161.021 of the Revised Code be enacted to 122
read as follows:123

       Sec. 101.83.  (A) An agency in existence on January 1, 2005124
2011, shall expire on December 31, 20102016, unless the agency is 125
renewed in accordance with division (D) of this section and, if so 126
renewed, shall expire thereafter on the thirty-first day of 127
December of the fourth year after the year in which it was most 128
recently renewed unless the agency is renewed in accordance with 129
division (D) of this section. An agency created after January 1, 130
20052011, that is created on the thirty-first day of December 131
shall expire not later than four years after its creation, unless 132
the agency is renewed in accordance with division (D) of this 133
section. An agency created after January 1, 20052011, that is 134
created on any other date shall be considered for the purpose of 135
this section to have been created on the preceding thirty-first 136
day of December, and the agency shall expire not later than four 137
years after the date it was considered to have been created, 138
unless the agency is renewed in accordance with division (D) of 139
this section. Any act creating or renewing an agency shall contain 140
a distinct section providing a specific expiration date for the 141
agency in accordance with this division.142

       (B) If the general assembly does not renew or transfer an 143
agency on or before its expiration date, it shall expire on that 144
date.145

       The director of budget and management shall not authorize the 146
expenditure of any moneys for any agency on or after the date of 147
its expiration.148

       (C) The general assembly may provide by law for the orderly, 149
efficient, and expeditious conclusion of an agency's business and 150
operation. The rules, orders, licenses, contracts, and other 151
actions made, taken, granted, or performed by the agency shall 152
continue in effect according to their terms notwithstanding the 153
agency's abolition, unless the general assembly provides otherwise 154
by law. The general assembly may provide by law for the temporary 155
or permanent transfer of some or all of a terminated or 156
transferred agency's functions and personnel to a successor agency 157
or officer.158

       The abolition, termination, or transfer of an agency shall 159
not cause the termination or dismissal of any claim pending 160
against the agency by any person, or any claim pending against any 161
person by the agency. Unless the general assembly provides 162
otherwise by law for the substitution of parties, the attorney 163
general shall succeed the agency with reference to any pending 164
claim.165

       (D) An agency may be renewed by passage of a bill that 166
continues the statutes creating and empowering the agency, that 167
amends or repeals those statutes, or that enacts new statutes, to 168
improve agency usefulness, performance, or effectiveness.169

       Sec. 101.84.  (A) There is hereby created the sunset review 170
committee, to be composed of nine members and function in calendar 171
years 20092015 and 20102016. The president of the senate shall 172
appoint three members of the senate to the committee, not more 173
than two of whom shall be members of the same political party. The 174
speaker of the house of representatives shall appoint three 175
members of the house of representatives to the committee, not more 176
than two of whom shall be members of the same political party. The 177
governor, with the advice and consent of the senate, shall appoint 178
three members to the committee, not more than two of whom shall be 179
members of the same political party. Members shall be appointed 180
within fifteen days after the commencement of the first regular 181
session of the 128th131st general assembly.182

       (B) Each member of the committee who is appointed by the 183
president of the senate or the speaker of the house of 184
representatives shall serve during that committee member's term of 185
office or until that committee member no longer is a member of the 186
senate or the house of representatives, whichever is applicable. 187
Each member of the committee who is appointed by the governor 188
shall serve a two-year term that ends on the thirty-first day of 189
December in 20102016. A vacancy on the committee shall be filled 190
in the same manner as the original appointment.191

       In the first regular session of the 128th131st general 192
assembly, the chairperson of the committee shall be a member of 193
the house of representatives, and the vice-chairperson of the 194
committee shall be a member of the senate. In the second regular 195
session of the 128th131st general assembly, the chairperson of 196
the committee shall be a member of the senate, and the 197
vice-chairperson of the committee shall be a member of the house 198
of representatives.199

       Members of the committee shall receive no compensation, but 200
shall be reimbursed for their necessary expenses incurred in the 201
performance of their official duties.202

       (C) The committee shall meet not later than thirty days after 203
the first day of the first regular session of the 128th131st204
general assembly to choose a chairperson and to commence 205
establishment of the schedule for agency review provided for in 206
section 101.85 of the Revised Code or perform other committee 207
duties under sections 101.82 to 101.87 of the Revised Code. Five 208
members of the committee shall constitute a quorum for the conduct 209
of committee business.210

       Sec. 101.85.  (A) The sunset review committee, not later than 211
sixty days after its first meeting in 20092015, shall schedule 212
for review each agency in existence on January 1, 20092015. The 213
committee, by a unanimous vote, also may schedule for review any 214
state board or commission described in division (A)(9) of section 215
101.82 of the Revised Code that is in existence on that date, and 216
any board or commission so scheduled shall be considered an agency 217
for purposes of sections 101.82 to 101.87 of the Revised Code.218

       (B) The chairperson of the committee shall send a copy of the 219
schedule for review of agencies for calendar year 20092015 and 220
calendar year 20102016 to each of the agencies scheduled for 221
review during that year and to the director of the legislative 222
service commission. The director shall publish a copy of the 223
schedule in the Ohio Administrative Code and in the register of 224
Ohio created under section 103.051 of the Revised Code. The 225
commission shall provide the committee with a list of agencies, 226
and state boards and commissions described in division (A)(9) of 227
section 101.82 of the Revised Code, in existence on January 1, 228
20092015, to assist the committee in identifying agencies and 229
exercising its duties under sections 101.82 to 101.87 of the 230
Revised Code with respect to those agencies.231

       Sec. 101.86.  (A) Not later than six months prior to the date 232
on which an agency in existence on January 1, 20092015, is 233
scheduled to expire under division (A) of section 101.83 of the 234
Revised Code, the sunset review committee shall hold hearings to 235
receive the testimony of the public and of the chief executive 236
officer of each agency scheduled for review and otherwise shall 237
consider and evaluate the usefulness, performance, and 238
effectiveness of the agency.239

       (B) Each agency that is scheduled for review shall submit to 240
the committee a report that contains all of the following 241
information:242

       (1) The agency's primary purpose and its various goals and 243
objectives;244

       (2) The agency's past and anticipated workload, the number of 245
staff required to complete that workload, and the agency's total 246
number of staff;247

       (3) The agency's past and anticipated budgets and its sources 248
of funding;249

       (4) The number of members of its governing board or other 250
governing entity and their compensation, if any.251

       (C) Each agency shall have the burden of demonstrating to the 252
committee a public need for its continued existence. In 253
determining whether an agency has demonstrated that need, the 254
committee shall consider all of the following:255

       (1) The extent to which the agency has permitted qualified 256
applicants to serve the public;257

       (2) The cost-effectiveness of the agency in terms of number 258
of employees, services rendered, and administrative costs 259
incurred, both past and present;260

       (3) The extent to which the agency has operated in the public 261
interest, and whether its operation has been impeded or enhanced 262
by existing statutes and procedures and by budgetary, resource, 263
and personnel practices;264

       (4) Whether the agency has recommended statutory changes to 265
the general assembly that would benefit the public as opposed to 266
the persons regulated by the agency, if any, and whether its 267
recommendations and other policies have been adopted and 268
implemented;269

       (5) Whether the agency has required any persons it regulates 270
to report to it the impact of agency rules and decisions on the 271
public as they affect service costs and service delivery;272

       (6) Whether persons regulated by the agency, if any, have 273
been required to assess problems in their business operations that 274
affect the public;275

       (7) Whether the agency has encouraged public participation in 276
its rule-making and decision-making;277

       (8) The efficiency with which formal public complaints filed 278
with the agency have been processed to completion;279

       (9) Whether the programs or services of the agency duplicate 280
or overlap those of other agencies;281

       (10) Whether the purpose for which the agency was created has 282
been fulfilled, has changed, or no longer exists;283

       (11) Whether federal law requires that the agency be renewed 284
in some form;285

       (12) Changes needed in the enabling laws of the agency in 286
order for it to comply with the criteria suggested by the 287
considerations listed in divisions (C)(1) to (11) of this section.288

       (D) In its initial review of each agency, the committee, 289
whenever possible, shall realign agency titles to conform to the 290
following descriptions:291

       (1) Commission: an administrative appeals or hearing agency;292

       (2) Authority: an agency empowered to issue bonds or notes;293

       (3) Board: an agency having a licensing function only;294

       (4) Council: an advisory body to a major agency or 295
department;296

       (5) Committee: an advisory body to a minor agency or 297
department.298

       Sec. 119.01.  As used in sections 119.01 to 119.13 of the 299
Revised Code:300

       (A)(1) "Agency" means, except as limited by this division, 301
any official, board, or commission having authority to promulgate 302
rules or make adjudications in the civil service commission, the 303
division of liquor control, the department of taxation, the 304
industrial commission, the bureau of workers' compensation, the 305
functions of any administrative or executive officer, department, 306
division, bureau, board, or commission of the government of the 307
state specifically made subject to sections 119.01 to 119.13 of 308
the Revised Code, and the licensing functions of any 309
administrative or executive officer, department, division, bureau, 310
board, or commission of the government of the state having the 311
authority or responsibility of issuing, suspending, revoking, or 312
canceling licenses.313

       Except as otherwise provided in division (I) of this section, 314
sections 119.01 to 119.13 of the Revised Code do not apply to the 315
public utilities commission. Sections 119.01 to 119.13 of the 316
Revised Code do not apply to the utility radiological safety 317
board; to the controlling board; to actions of the superintendent 318
of financial institutions and the superintendent of insurance in 319
the taking possession of, and rehabilitation or liquidation of, 320
the business and property of banks, savings and loan associations, 321
savings banks, credit unions, insurance companies, associations, 322
reciprocal fraternal benefit societies, and bond investment 323
companies; to any action taken by the division of securities under 324
section 1707.201 of the Revised Code; or to any action that may be 325
taken by the superintendent of financial institutions under 326
section 1113.03, 1121.06, 1121.10, 1125.09, 1125.12, 1125.18, 327
1157.01, 1157.02, 1157.10, 1165.01, 1165.02, 1165.10, 1349.33, 328
1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.329

       Sections 119.01 to 119.13 of the Revised Code do not apply to 330
actions of the industrial commission or the bureau of workers' 331
compensation under sections 4123.01 to 4123.94 of the Revised Code 332
with respect to all matters of adjudication, or to the actions of 333
the industrial commission, bureau of workers' compensation board 334
of directors, and bureau of workers' compensation under division 335
(D) of section 4121.32, sections 4123.29, 4123.34, 4123.341, 336
4123.342, 4123.40, 4123.411, 4123.44, 4123.442, 4127.07, divisions 337
(B), (C), and (E) of section 4131.04, and divisions (B), (C), and 338
(E) of section 4131.14 of the Revised Code with respect to all 339
matters concerning the establishment of premium, contribution, and 340
assessment rates.341

       (2) "Agency" also means any official or work unit having 342
authority to promulgate rules or make adjudications in the 343
department of job and family services, but only with respect to 344
both of the following:345

       (a) The adoption, amendment, or rescission of rules that 346
section 5101.09 of the Revised Code requires be adopted in 347
accordance with this chapter;348

       (b) The issuance, suspension, revocation, or cancellation of 349
licenses.350

       (B) "License" means any license, permit, certificate, 351
commission, or charter issued by any agency. "License" does not 352
include any arrangement whereby a person, institution, or entity 353
furnishes medicaid services under a provider agreement with the 354
department of job and family services pursuant to Title XIX of the 355
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as 356
amended.357

       (C) "Rule" means any rule, regulation, or standard, having a 358
general and uniform operation, adopted, promulgated, and enforced 359
by any agency under the authority of the laws governing such 360
agency, and includes any appendix to a rule. "Rule" does not 361
include any internal management rule of an agency unless the 362
internal management rule affects private rights and does not 363
include any guideline adopted pursuant to section 3301.0714 of the 364
Revised Code.365

       (D) "Adjudication" means the determination by the highest or 366
ultimate authority of an agency of the rights, duties, privileges, 367
benefits, or legal relationships of a specified person, but does 368
not include the issuance of a license in response to an 369
application with respect to which no question is raised, nor other 370
acts of a ministerial nature.371

       (E) "Hearing" means a public hearing by any agency in 372
compliance with procedural safeguards afforded by sections 119.01 373
to 119.13 of the Revised Code.374

       (F) "Person" means a person, firm, corporation, association, 375
or partnership.376

       (G) "Party" means the person whose interests are the subject 377
of an adjudication by an agency.378

       (H) "Appeal" means the procedure by which a person, aggrieved 379
by a finding, decision, order, or adjudication of any agency, 380
invokes the jurisdiction of a court.381

       (I) "Rule-making agency" means any board, commission, 382
department, division, or bureau of the government of the state 383
that is required to file proposed rules, amendments, or 384
rescissions under division (D) of section 111.15 of the Revised 385
Code and any agency that is required to file proposed rules, 386
amendments, or rescissions under divisions (B) and (H) of section 387
119.03 of the Revised Code. "Rule-making agency" includes the 388
public utilities commission. "Rule-making agency" does not include 389
any state-supported college or university.390

       (J) "Substantive revision" means any addition to, elimination 391
from, or other change in a rule, an amendment of a rule, or a 392
rescission of a rule, whether of a substantive or procedural 393
nature, that changes any of the following:394

       (1) That which the rule, amendment, or rescission permits, 395
authorizes, regulates, requires, prohibits, penalizes, rewards, or 396
otherwise affects;397

       (2) The scope or application of the rule, amendment, or 398
rescission.399

       (K) "Internal management rule" means any rule, regulation, or 400
standard governing the day-to-day staff procedures and operations 401
within an agency.402

       Sec. 121.084.  (A) All moneys collected under sections 403
3783.05, 3791.07, 4104.07, 4104.18, 4104.44, 4105.17, 4105.20,404
4169.03, 4171.04, and 5104.051 of the Revised Code, and any other 405
moneys collected by the division of labor shall be paid into the 406
state treasury to the credit of the labor operating fund, which is 407
hereby created. The department of commerce shall use the moneys in 408
the fund for paying the operating expenses of the division and the 409
administrative assessment described in division (B) of this 410
section.411

       (B) The director of commerce, with the approval of the 412
director of budget and management, shall prescribe procedures for 413
assessing the labor operating fund a proportionate share of the 414
administrative costs of the department of commerce. The assessment 415
shall be made in accordance with those procedures and be paid from 416
the labor operating fund to the division of administration fund 417
created in section 121.08 of the Revised Code.418

       Sec. 121.32.  The commission on Hispanic-Latino affairs 419
shall:420

       (A) Gather and disseminate information and conduct hearings, 421
conferences, investigations, and special studies on problems and 422
programs concerning Spanish-speaking people;423

       (B) Secure appropriate recognition of the accomplishments and 424
contributions of Spanish-speaking people to this state;425

       (C) Stimulate public awareness of the problems of 426
Spanish-speaking people by conducting a program of public 427
education;428

       (D) Develop, coordinate, and assist other public and private 429
organizations that serve Spanish-speaking people, including the 430
conducting of training programs for community leadership and 431
service project staff;432

       (E) Advise the governor, general assembly, and state 433
departments and agencies of the nature, magnitude, and priorities 434
of the problems of Spanish-speaking people;435

       (F) Advise the governor, general assembly, and state 436
departments and agencies on, and assist in the development and 437
implementation of, comprehensive and coordinated policies, 438
programs, and procedures focusing on the special problems and 439
needs of Spanish-speaking people, especially in the fields of 440
education, employment, energy, health, housing, welfare, and 441
recreation;442

       (G) Propose new programs concerning Spanish-speaking people 443
to public and private agencies and evaluate for such agencies 444
existing programs or prospective legislation concerning 445
Spanish-speaking people;446

       (H) Review and approve grants to be made from federal, state, 447
or private funds which are administered or subcontracted by the 448
office of Spanish-speaking affairs;449

       (I) Review and approve the annual report prepared by the 450
office of Spanish-speaking affairs;451

       (J) Create an interagency council consisting of the following 452
persons or their authorized representatives: one member of the 453
senate appointed by the president of the senate; one member of the 454
house of representatives appointed by the speaker of the house of 455
representatives; the directors of administrative services, 456
agriculture, education, development, health, highway safety, job 457
and family services, liquor control, mental health, developmental 458
disabilities, natural resources, rehabilitation and correction, 459
youth services, transportation, environmental protection, and 460
budget and management; the chairperson of the Ohio civil rights 461
commission, the administrators of the bureau of workers' 462
compensation and the rehabilitation services commission, and an 463
additional member of the governor's cabinet appointed by the 464
governor. The commission on Hispanic-Latino affairs, by rule, may 465
designate other state officers or their representatives to be 466
members of the council. The director of the commission shall be 467
the chairperson of the council.468

       The interagency council shall provideProvide and coordinate 469
with state agencies the exchange of information relative to the 470
needs of Spanish-speaking people andto promote the delivery of 471
state services to such people. The council shall meet at the call 472
of the chairperson.473

       Sec. 127.14.  The controlling board may, at the request of 474
any state agency or the director of budget and management, 475
authorize, with respect to the provisions of any appropriation 476
act:477

       (A) Transfers of all or part of an appropriation within but 478
not between state agencies, except such transfers as the director 479
of budget and management is authorized by law to make, provided 480
that no transfer shall be made by the director for the purpose of 481
effecting new or changed levels of program service not authorized 482
by the general assembly;483

       (B) Transfers of all or part of an appropriation from one 484
fiscal year to another;485

       (C) Transfers of all or part of an appropriation within or 486
between state agencies made necessary by administrative 487
reorganization or by the abolition of an agency or part of an 488
agency;489

       (D) Transfers of all or part of cash balances in excess of 490
needs from any fund of the state to the general revenue fund or to 491
such other fund of the state to which the money would have been 492
credited in the absence of the fund from which the transfers are 493
authorized to be made, except that the controlling board may not 494
authorize such transfers from the accrued leave liability fund, 495
auto registration distribution fund, budget stabilization fund, 496
development bond retirement fund, facilities establishment fund, 497
gasoline excise tax fund, general revenue fund, higher education 498
improvement fund, highway improvement bond retirement fund, 499
highway obligations bond retirement fund, highway capital 500
improvement fund, highway operating fund, horse racing tax fund, 501
improvements bond retirement fund, public library fund, liquor 502
control fund, local government fund, local transportation 503
improvement program fund, mental health facilities improvement 504
fund, Ohio fairs fund, parks and recreation improvement fund, 505
public improvements bond retirement fund, school district income 506
tax fund, state agency facilities improvement fund, state and 507
local government highway distribution fund, state highway safety 508
fund, state lottery fund, undivided liquor permit fund, Vietnam 509
conflict compensation bond retirement fund, volunteer fire 510
fighters' dependents fund, waterways safety fund, wildlife fund, 511
workers' compensation fund, workers' compensation council 512
remuneration fund, or any fund not specified in this division that 513
the director of budget and management determines to be a bond fund 514
or bond retirement fund;515

       (E) Transfers of all or part of those appropriations included 516
in the emergency purposes account of the controlling board;517

       (F) Temporary transfers of all or part of an appropriation or 518
other moneys into and between existing funds, or new funds, as may 519
be established by law when needed for capital outlays for which 520
notes or bonds will be issued;521

       (G) Transfer or release of all or part of an appropriation to 522
a state agency requiring controlling board approval of such 523
transfer or release as provided by law;524

       (H) Temporary transfer of funds included in the emergency 525
purposes appropriation of the controlling board. Such temporary 526
transfers may be made subject to conditions specified by the 527
controlling board at the time temporary transfers are authorized. 528
No transfers shall be made under this division for the purpose of 529
effecting new or changed levels of program service not authorized 530
by the general assembly.531

       As used in this section, "request" means an application by a 532
state agency or the director of budget and management seeking some 533
action by the controlling board.534

       When authorizing the transfer of all or part of an 535
appropriation under this section, the controlling board may 536
authorize the transfer to an existing appropriation item and the 537
creation of and transfer to a new appropriation item.538

       Whenever there is a transfer of all or part of funds included 539
in the emergency purposes appropriation by the controlling board, 540
pursuant to division (E) of this section, the state agency or the 541
director of budget and management receiving such transfer shall 542
keep a detailed record of the use of the transferred funds. At the 543
earliest scheduled meeting of the controlling board following the 544
accomplishment of the purposes specified in the request originally 545
seeking the transfer, or following the total expenditure of the 546
transferred funds for the specified purposes, the state agency or 547
the director of budget and management shall submit a report on the 548
expenditure of such funds to the board. The portion of any 549
appropriation so transferred which is not required to accomplish 550
the purposes designated in the original request to the controlling 551
board shall be returned to the proper appropriation of the 552
controlling board at this time.553

       Notwithstanding any provisions of law providing for the 554
deposit of revenues received by a state agency to the credit of a 555
particular fund in the state treasury, whenever there is a 556
temporary transfer of funds included in the emergency purposes 557
appropriation of the controlling board pursuant to division (H) of 558
this section, revenues received by any state agency receiving such 559
a temporary transfer of funds shall, as directed by the 560
controlling board, be transferred back to the emergency purposes 561
appropriation.562

       The board may delegate to the director of budget and 563
management authority to approve transfers among items of 564
appropriation under division (A) of this section.565

       Sec. 149.304.  Any person owning or in possession of an Ohio 566
homestead or tract of land which has been owned or in the 567
possession of histhe person's family for one hundred years or 568
more may apply to the Ohio historical society to list the 569
homestead or tract of land in a register to be maintained by the 570
society. The society shall provide forms for such applications and 571
shall submit applications received to the Ohio historic site 572
preservation advisory board, which shall rule on the authenticity 573
of the homestead or ownership or possession of the tract of land 574
according to criteria it shall establish and make public.575

       Upon authentication of the homestead or tract of land by the 576
board, the society shall list the homestead or tract of land on 577
its register and provide the applicant with a plaque of suitable 578
design determined by the society to be affixed to the homestead or 579
tract of land. The plaque shall identify the homestead or tract of 580
land as an historic homestead and specify that it is one hundred 581
years or more old as of the date of recognition. If the date or 582
year of construction of the homestead or purchase of tract of land 583
is known, that date or year may appear on the plaque in lieu of 584
the fact that the homestead or tract of land is one hundred years 585
or more old. The plaque shall not bear the name of any member of 586
the society, board, or any other public official, but may carry an 587
appropriate emblem to be determined by the society.588

       All costs of administering the historic homestead register 589
program, including maintenance of the register, research into the 590
authenticity of the homestead or tract of land, plaque, and plaque 591
design, and mailing costs, shall be determined by the society and 592
shall be borne by the applicant.593

       The applicant shall be responsible for displaying the plaque 594
on the homestead or tract of land in a suitable manner, and shall 595
bear all costs of such display.596

       The society may arrange to present plaques to applicants so 597
desiring at the society's annual meeting.598

       Sec. 173.03.  (A) There is hereby created the Ohio advisory 599
council for the aging, which shall consist of twelve members to be 600
appointed by the governor with the advice and consent of the 601
senate. Two ex officio members of the council shall be members of 602
the house of representatives appointed by the speaker of the house 603
of representatives and shall be members of two different political 604
parties. Two ex officio members of the council shall be members of 605
the senate appointed by the president of the senate and shall be 606
members of two different political parties. The directors of 607
mental health, developmental disabilities, health, and job and 608
family services, or their designees, shall serve as ex officio 609
members of the council. The council shall carry out its role as 610
defined under the "Older Americans Act of 1965," 79 Stat. 219, 42 611
U.S.C. 3001, as amended.612

       At the first meeting of the council, and annually thereafter, 613
the members shall select one of their members to serve as 614
chairperson and one of their members to serve as vice-chairperson.615

       (B) Members of the council shall be appointed for a term of 616
three years, except that for the first appointment members of the 617
Ohio commission on aging who were serving on the commission 618
immediately prior to July 26, 1984, shall become members of the 619
council for the remainder of their unexpired terms. Thereafter, 620
appointment to the council shall be for a three-year term by the 621
governor. Each member shall hold office from the date of 622
appointment until the end of the term for which the member was 623
appointed. Any member appointed to fill a vacancy occurring prior 624
to the expiration of the term for which the member's predecessor 625
was appointed shall hold office for the remainder of the term. Any626
No member mayshall continue in office subsequent to the 627
expiration date of the member's term until a successor takes 628
office and shall be compensated for the period served between the 629
expiration of the member's term and the beginning of the 630
successor's termunless reappointed under the provisions of this 631
section, and no member shall serve more than three consecutive 632
terms on the council.633

       (C) Membership of the council shall represent all areas of 634
Ohio and shall be as follows:635

       (1) A majority of members of the council shall have attained 636
the age of sixty and have a knowledge of and continuing interest 637
in the affairs and welfare of the older citizens of Ohio. The 638
fields of business, labor, health, law, and human services shall 639
be represented in the membership.640

       (2) No more than seven members shall be of the same political 641
party.642

       (D) Any member of the council may be removed from office by 643
the governor for neglect of duty, misconduct, or malfeasance in 644
office after being informed in writing of the charges and afforded 645
an opportunity for a hearing. Two consecutive unexcused absences 646
from regularly scheduled meetings constitute neglect of duty.647

       (E) Members of the council shall be compensated at the rate 648
of fifty dollars for each day actually employed in the discharge 649
of official duties but not to exceed two thousand dollars per year 650
and in addition shall be allowed actual and necessary expensesThe 651
director of aging may reimburse a member for actual and necessary 652
traveling and other expenses incurred in the discharge of official 653
duties; but reimbursement shall be made in the manner, and at 654
rates that do not exceed those, prescribed by the director of 655
budget and management for any officer, member, or employee of, or 656
consultant to, any state agency. 657

       (F) Council members are not limited as to the number of terms 658
they may serve.659

       (G) Council members shall not be interested directly or 660
indirectly in any contract awarded by the department of agingThe 661
department of aging may award grants to or enter into contracts 662
with a member of the advisory council or an entity that the member 663
represents if any of the following apply:664

       (1) The department determines that the member or the entity 665
the member represents is capable of providing the goods or 666
services specified under the terms of the grant or contract.667

       (2) The member has not taken part in any discussion or vote 668
of the council related to whether the council should recommend 669
that the department of aging award the grant to or enter into the 670
contract with the member of the advisory council or the entity 671
that the member represents.672

       (G) A member of the advisory council is not in violation of 673
Chapter 102. or section 2921.42 of the Revised Code with regard to 674
receiving a grant or entering into a contract under this section 675
if the requirements of division (F) of this section have been met.676

       Sec. 173.04.  (A) As used in this section, "respite care" 677
means short-term, temporary care or supervision provided to a 678
person who has Alzheimer's disease in the absence of the person 679
who normally provides that care or supervision.680

       (B) Through the internet web site maintained by the 681
department of aging, the director of aging shall disseminate 682
Alzheimer's disease training materials for licensed physicians, 683
registered nurses, licensed practical nurses, administrators of 684
health care programs, social workers, and other health care and 685
social service personnel who participate or assist in the care or 686
treatment of persons who have Alzheimer's disease. The training 687
materials disseminated through the web site may be developed by 688
the director or obtained from other sources.689

       (C) To the extent funds are available, the director shall 690
administer respite care programs and other supportive services for 691
persons who have Alzheimer's disease and their families or care 692
givers. Respite care programs shall be approved by the director 693
and shall be provided for the following purposes:694

       (1) Giving persons who normally provide care or supervision 695
for a person who has Alzheimer's disease relief from the stresses 696
and responsibilities that result from providing such care;697

       (2) Preventing or reducing inappropriate institutional care 698
and enabling persons who have Alzheimer's disease to remain at 699
home as long as possible.700

       (D) The director may provide services under this section to 701
persons with Alzheimer's disease and their families regardless of 702
the age of the persons with Alzheimer's disease.703

       (E) The director shallmay adopt rules in accordance with 704
Chapter 119. of the Revised Code governing respite care programs 705
and other supportive services, the distribution of funds, and the 706
purpose for which funds may be utilized under this section.707

       (F) The director may create an Alzheimer's disease and 708
related disorders task force to advise the director on the 709
following:710

       (1) The rights of persons with Alzheimer's disease and 711
related disorders;712

       (2) The development and evaluation of education and training 713
programs, home care programs, and respite care programs that serve 714
persons with Alzheimer's disease and related disorders;715

       (3) How to serve persons with Alzheimer's disease and related 716
disorders in Ohio's unified long-term care budget system.717

       If a task force is created, the members shall include 718
representatives of the Alzheimer's disease association and other 719
organizations the director considers appropriate.720

       Sec. 184.21.  (A) There is hereby created the third frontier 721
biomedical and bioproducts advisory board. The advisory board 722
shall provide general advice to the commission regarding 723
biomedical and bioproducts issues. The advisory board shall 724
consider the recommendations of the Ohio agriculture to chemicals, 725
polymers, and advanced materials taskforce when providing advice.726

       (B) The board shall consist of nine members selected for 727
their biomedical or bioproducts knowledge and experience. The 728
governor shall appoint three members. The speaker of the house of 729
representatives shall appoint two members, one of whom may be 730
recommended by the minority leader of the house of 731
representatives. The president of the senate shall appoint two 732
members, one of whom may be recommended by the minority leader of 733
the senate. The director of development or the director's designee 734
shall serve as a member. The director of agriculture or the 735
director's designee shall serve as a member. Membership on the 736
advisory board created under section 184.03 of the Revised Code 737
does not prohibit membership on the advisory board created under 738
this section. All members of the board shall serve at the pleasure 739
of their appointing authorities.740

       (C) The board shall select from among its members a 741
chairperson. A majority of board members constitutes a quorum, and 742
no action shall be taken without the affirmative vote of a 743
majority of the members.744

       (D) A vacancy shall be filled in the same manner as the 745
original appointment. The governor may remove any member of the 746
board for malfeasance, misfeasance, or nonfeasance after a hearing 747
in accordance with Chapter 119. of the Revised Code.748

       (E) Members of the board shall not act as representatives of 749
any specific disciplinary, regional, or organizational interest. 750
Members shall represent a wide variety of experience valuable in 751
technology research and development, product process innovation 752
and commercialization, and creating and managing high-growth 753
technology-based companies.754

       (F) Members of the board shall file financial disclosure 755
statements described in division (B) of section 102.02 of the 756
Revised Code.757

       (G) Members of the board shall serve without compensation, 758
but shall receive their reasonable and necessary expenses incurred 759
in the conduct of board business.760

       (H) The department of development shall provide office space 761
and facilities for the board.762

       Sec. 901.90. (A) There is hereby created in the state 763
treasury the Ohio agriculture license plate scholarship fund 764
consisting of the contributions the registrar of motor vehicles 765
receives pursuant to section 4503.503 of the Revised Code. Money 766
shall be expended from the fund only as provided in division 767
(C)(B) of this section.768

       (B)(1) There is hereby created the Ohio agriculture license 769
plate scholarship fund board, consisting of the director of 770
agriculture or the director's designee and one representative 771
appointed by each of the following organizations:772

       (a) The Ohio agriculture council;773

       (b) The Ohio corngrowers association;774

       (c) The Ohio farm bureau federation;775

       (d) The Ohio soy association;776

       (e) The Ohio state university college of food, agricultural, 777
and environmental sciences;778

       (f) The Ohio young farmers association.779

       (2) All original appointments to the board shall be made not 780
later than ninety days after the effective date of this section, 781
and all vacancies shall be filled in the same manner as the 782
original appointment. Members of the board shall serve without 783
compensation but shall be reimbursed for the actual expenses they 784
incur in performing their duties. The director of agriculture or 785
the director's designee shall serve as chairperson. The board 786
shall adopt rules governing their meetings and proceedings.787

       (C) There is hereby established the Ohio agriculture license 788
plate scholarship program to benefit students who attend an 789
institution of higher learning located in this state and are 790
enrolled in a program that is related to agriculture. The board791
director of agriculture shall adopt rules governing all aspects of 792
the program, including any additional eligibility requirements, 793
the application process, scholarship amounts, and any requirements 794
a student must meet in order to retain a scholarship.795

       All decisions of the boarddirector relating to the 796
scholarship program, including the decision to award, renew, not 797
renew, or revoke a scholarship, are final.798

       Sec. 1121.12.  An examination of the records and affairs of a 799
bank under section 1121.10 of the Revised Code may include the 800
examination of a controlling shareholder of the bank that is a 801
bank holding company registered with the federal reserve, but only 802
to the extent explicitly permitted under this section. To examine 803
the records and affairs of a controlling shareholder that is a 804
bank holding company registered with the federal reserve, the 805
superintendent of financial institutions may do one of the 806
following:807

       (A) Rely on an examination of the bank holding company 808
conducted by a financial institution regulatory authority of 809
another state, the United States, or another country, as provided 810
in division (A)(3) of section 1121.11 of the Revised Code;811

       (B) Participate with the financial institution regulatory 812
authorities of other states, the United States, and other 813
countries in a joint or coordinated examination of the bank 814
holding company, provided that both of the following apply:815

       (1) The examination of the bank holding company is validly 816
authorized by and conducted pursuant to the laws of this state and 817
such other state, the United States, or other country.818

       (2) Participation of the examiners of the division of 819
financial institutions will increase the efficiency in regulating 820
financial institutions, and not increase the cost of examination 821
to the bank holding company.822

       (C) Examine the bank holding company pursuant to an agreement 823
with financial institution regulatory authorities of other states, 824
the United States, or other countries, provided that both of the 825
following apply:826

       (1) The examination of the bank holding company is validly 827
authorized by and conducted pursuant to the laws of this state and 828
such other state, the United States, or other country.829

       (2) The other financial institution regulatory authority 830
agrees to rely on the superintendent's examination in lieu of 831
conducting its own examination.832

       (D) Examine the bank holding company if both of the following 833
apply:834

       (1) The superintendent has reasonable cause to believe that 835
there is a significant risk of imminent material harm to the bank 836
and the examination of the bank holding company is necessary to 837
fully determine the risk to the bank, or to determine how best to 838
address the risk to the bank.839

       (2) Either of the following occurs:840

       (a) The superintendent, in writing, requests the federal 841
reserve to examine the bank holding company, and within fifteen 842
days the federal reserve does not commence an examination of the 843
bank holding company and notifies the superintendent that the 844
federal reserve does not object to the examination.845

       (b) The banking commissionfinancial consumer council concurs 846
with the superintendent's determination of both of the following:847

       (i) There is reasonable cause to believe that there a is a848
significant risk of imminent material harm to the bank.849

       (ii) The examination of the bank holding company is necessary 850
to fully determine the risk to the bank, or to determine how best 851
to address the risk to the bank.852

       For purposes of this section, a bank holding company includes 853
not only the bank holding company, but also includes any nonbank 854
affiliates of the bank holding company that are subject to 855
examination by the federal reserve.856

       Sec. 1121.18.  (A) Information leading to, arising from, or 857
obtained in the course of the examination of a bank or any 858
examination conducted pursuant to the authority of section 1121.10 859
or 1121.11 of the Revised Code is privileged and confidential. No 860
person, including any person to whom the information is disclosed 861
under the authority of this section, shall disclose information 862
leading to, arising from, or obtained in the course of an 863
examination, except as specifically provided in this section.864

       (B) The superintendent of financial institutions and the 865
superintendent's agents and employees may disclose information 866
leading to, arising from, or obtained in the course of an 867
examination conducted pursuant to section 1121.10 or 1121.11 of 868
the Revised Code as follows:869

       (1) To the governor, director of commerce, or deputy director 870
of commerce to enable them to act in the interests of the public;871

       (2) To the banking commissionfinancial consumer council to 872
enable the commissioncouncil to effectively advise the 873
superintendent and take action on any matter the superintendent 874
presents to the commissioncouncil;875

       (3) To financial institution regulatory authorities of this 876
and other states, the United States, and other countries to assist 877
them in their regulatory duties;878

       (4) To the directors, officers, agents, and parent company of 879
the bank or other person examined to assist them in conducting the 880
business of the bank or other person examined in a safe and sound 881
manner and in compliance with law;882

       (5) To law enforcement authorities conducting criminal 883
investigations.884

       (C)(1) Information leading to, arising from, or obtained in 885
the course of an examination of a bank or other person pursuant to 886
section 1121.10 or 1121.11 of the Revised Code shall not be 887
discoverable from any source, and shall not be introduced into 888
evidence, except in the following circumstances:889

       (a) In connection with criminal proceedings;890

       (b) When, in the opinion of the superintendent, it is 891
appropriate with regard to enforcement actions taken and decisions 892
made by the superintendent under the authority of Chapters 1101. 893
to 1127. of the Revised Code regarding a bank, trust company, or 894
other person;895

       (c) When litigation has been initiated by the superintendent 896
in furtherance of the powers, duties, and obligations imposed upon 897
the superintendent by Chapters 1101. to 1127. of the Revised Code;898

       (d) When authorized by agreements between the superintendent 899
and financial institution regulatory authorities of this and other 900
states, the United States, and other countries authorized by 901
section 1121.11 of the Revised Code;902

       (e) When and in the manner authorized in section 1181.25 of 903
the Revised Code.904

       (2) The discovery of information leading to, arising from, or 905
obtained in the course of an examination pursuant to division 906
(C)(1)(b), (c), or (d) of this section shall be limited to 907
information that directly relates to the bank, trust company, 908
regulated person, or other person who is the subject of the 909
enforcement action, decision, or litigation.910

       (D) A report of an examination conducted pursuant to section 911
1121.10 or 1121.11 of the Revised Code is the property of the 912
division of financial institutions. Under no circumstances may the 913
bank or other person examined, its directors, officers, employees, 914
agents, regulated persons, or contractors, or any person having 915
knowledge or possession of a report of examination, or any of its 916
contents, disclose or make public in any manner the report of 917
examination or its contents. The authority provided in division 918
(B)(4) of this section for use of examination information to 919
assist in conducting the business of the bank or other person 920
examined in a safe and sound manner and in compliance with law 921
shall not be construed to authorize disclosure of a report of 922
examination or any of its contents in conducting business with the 923
examined bank's or person's customers, creditors, or shareholders, 924
or with other persons.925

       (E) Whoever violates this section shall be removed from 926
office, shall be liable, with the violator's bonder in damages to 927
the person injured by the disclosure of information, and is guilty 928
of a felony of the fourth degree.929

       Sec. 1121.29.  (A)(1) Each bank subject to inspection and 930
examination by the superintendent of financial institutions and 931
transacting business on the thirty-first day of December, or the 932
bank's successor in interest, shall pay to the superintendent 933
assessments as provided in this section. On the first day of July 934
each year, the superintendent shall make each assessment based on 935
the total assets as shown on the books of the bank as of the 936
thirty-first day of December of the previous year. The 937
superintendent shall collect the assessment on an annual or 938
periodic basis, as provided by the superintendent. All assessments 939
shall be paid within fourteen days of receiving an invoice for 940
payment of the assessment.941

       (2) After determining the budget of the division of financial 942
institutions for examination and regulation of banks, but prior to 943
establishing the schedule of assessments under this division 944
necessary to fund that budget, the superintendent shall include 945
any amounts collected but not yet expended or encumbered by the 946
superintendent in the previous fiscal year's budget and remaining 947
in the division of banks fund pursuant to division (C) of section 948
1121.30 of the Revised Code.949

       (3) Each bank shall pay an assessment of not more than 950
forty-five cents for each one thousand dollars of the gross amount 951
of the assets of the bank, but in no case less than one thousand 952
dollars. The superintendent shall establish the actual schedule of 953
assessments on an annual basis, present the schedule to the 954
banking commissionfinancial consumer council for confirmation, 955
and, each first day of January, forward copies of the current 956
year's schedule to banks doing business under authority granted by 957
the superintendent, or their successors in interest.958

       If during the period between the banking commission's959
council's confirmation of the schedule of assessments and the 960
completion of the fiscal year in which those assessments will be 961
collected, the banking commissioncouncil determines additional 962
money is required to adequately fund the operations of the 963
division of financial institutions for that fiscal year, the 964
banking commissioncouncil may, by the affirmative vote of 965
two-thirds of its members, increase the schedule of assessments 966
for that fiscal year. The superintendent shall promptly notify 967
each bank of the increased assessment, and each bank shall pay the 968
increased assessment as made and invoiced by the superintendent.969

       (4) A bank authorized by the superintendent to commence 970
business in the period between assessments shall pay the actual 971
reasonable costs of the division's examinations and visitations. 972
The bank shall pay the costs within fourteen days after receiving 973
an invoice for payment.974

       (B)(1) Whenever in the judgment of the superintendent the 975
condition or conduct of a bank renders it necessary to make 976
additional examinations and follow-up visitations within the 977
examination cycle beyond the minimum required by division (A) of 978
section 1121.10 of the Revised Code, the superintendent may charge 979
the bank for the additional examinations and follow-up visitations 980
as provided in division (C)(2) of this section. The bank shall pay 981
the fee charged within fourteen days after receiving an invoice 982
for payment.983

       (2) The superintendent may charge a bank for any examination 984
of the bank's operations as a trust company and data processing 985
facility in accordance with division (C) of this section whether 986
that examination is the only examination of the bank in the 987
examination cycle or in addition to other examinations of the 988
bank's operations.989

       (C) The superintendent shall periodically establish a 990
schedule of fees to be paid for the following:991

       (1) Examination of a bank or trust company at the request of 992
the board of directors or the holders of a majority of the shares 993
of that bank or trust company pursuant to division (C) of section 994
1121.10 of the Revised Code;995

       (2) Additional examinations and visitations of a bank in an 996
examination cycle beyond the minimum required by division (A) of 997
section 1121.10 of the Revised Code;998

       (3) Examinations of subsidiaries and affiliates;999

       (4) Examinations of data processing facilities;1000

       (5) Examinations of trust companies;1001

       (6) Application for a de novo charter;1002

       (7) Application for a reorganization, including a merger, 1003
consolidation, or transfer of assets and liabilities;1004

       (8) Application for an interim reorganization;1005

       (9) Application for an additional banking office;1006

       (10) Application for conversion to a bank doing business 1007
under authority granted by the superintendent;1008

       (11) Notice of acquisition of control of a bank;1009

       (12) Application for purchase by a bank of its own stock;1010

       (13) Application for a debt or equity issue;1011

       (14) Application for change in location;1012

       (15) Application for authorization to act as a trust company;1013

       (16) Certification of qualification as a trust company;1014

       (17) Application for a foreign bank representative office, 1015
agency, or branch;1016

       (18) All other examinations, applications, and notices 1017
considered necessary by the superintendent.1018

       (D)(1) The superintendent may waive any fees provided for in 1019
division (C) of this section to protect the interests of 1020
depositors and for other fair and reasonable purposes as 1021
determined by the superintendent.1022

       (2) The fees established by the superintendent pursuant to 1023
division (C) of this section for processing applications and 1024
notices and conducting and processing examinations shall be 1025
reasonable considering the direct and indirect costs to the 1026
division, as determined by the superintendent, of processing the 1027
applications and for conducting and processing the examinations.1028

       (3) The superintendent may determine charging a fee 1029
authorized pursuant to division (C) of this section for a 1030
particular examination, application, notice, or certification is 1031
not necessary.1032

       (E) The superintendent shall determine and charge reasonable 1033
fees for furnishing and certifying copies of documents filed with 1034
the division and for any expenses incurred by the division in the 1035
publication or serving of required notices.1036

       (F) Assessments and examination and application fees charged 1037
and collected pursuant to this section are not refundable. Any fee 1038
charged for an examination pursuant to this section shall be paid 1039
within fourteen days after receiving an invoice for payment of the 1040
fee.1041

       (G) The superintendent shall pay all assessments and fees 1042
charged pursuant to this section and all forfeitures required to 1043
be paid to the superintendent into the state treasury to the 1044
credit of the bank's fund.1045

       Sec. 1123.01.  (A) There is hereby created in the division of 1046
financial institutions a banking commissionfinancial consumer 1047
council which shall consist of seventwelve members. The deputy 1048
superintendent for banks, the deputy superintendent for savings 1049
and loan associations and savings banks, and the deputy 1050
superintendent for credit unions shall be a membermembers of the 1051
commission and itsshall alternate as chairperson. The governor, 1052
with the advice and consent of the senate, shall appoint the 1053
remaining sixnine members.1054

       (B) After the second Monday in January of each year, the 1055
governor shall appoint twothree members. Terms of office shall be 1056
for three years commencing on the first day of February and ending 1057
on the thirty-first day of January. Each member shall hold office 1058
from the date appointed until the end of the term for which 1059
appointed. In the case of a vacancy in the office of any member, 1060
the governor shall appoint a successor who shall hold office for 1061
the remainder of the term for which the successor's predecessor 1062
was appointed. Any member shall continue in office subsequent to 1063
the expiration date of the member's term until the member's 1064
successor is appointed, or until sixty days have elapsed, 1065
whichever occurs first.1066

       (C) No person appointed as a member of the commission may 1067
serve more than two consecutive full terms. However, a member may 1068
serve two consecutive full terms following the remainder of a term 1069
for which the member was appointed to fill a vacancy.1070

       (D)(1) At least threetwo of the sixnine members appointed 1071
to the commissioncouncil shall be, at the time of appointment, 1072
executive officers of banks transacting business under authority 1073
granted by the superintendent of financial institutions, and four 1074
of the six members appointed to the commission shall have banking 1075
experience. At least two of the nine members appointed to the 1076
council shall be, at the time of appointment, executive officers 1077
of a savings and loan association organized and transacting 1078
business under authority granted by the superintendent of 1079
financial institutions. At least two of the nine members appointed 1080
to the council shall be, at the time of appointment, executive 1081
officers of a savings bank organized and transacting business 1082
under authority granted by the superintendent. At least two of the 1083
nine members appointed to the council shall be, at the time of 1084
appointment, executive officers of a credit union organized under 1085
Chapter 1733. of the Revised Code. The membership of the 1086
commissioncouncil shall be representative of the banking industry 1087
as a whole, including savings and loan associations, savings 1088
banks, credit unions, and representatives of banksfinancial 1089
institutions of various asset sizes as determined by the 1090
superintendent of financial institutions from time to time.1091

       (2) No person who has been convicted of, or has pleaded 1092
guilty to, a felony involving dishonesty or breach of trust shall 1093
take or hold office as a member of the banking commissioncouncil.1094

       (E) The members of the commissioncouncil shall receive no 1095
salary, but their expenses incurred in the performance of their 1096
duties shall be paid from funds appropriated for that purpose.1097

       (F) The governor may remove any of the sixnine members 1098
appointed to the commissioncouncil whenever in the governor's 1099
judgment the public interest requires removal. Upon removing a 1100
member of the commissioncouncil, the governor shall file with the 1101
superintendent a statement of the cause for the removal.1102

       Sec. 1123.02.  (A) The banking commissionfinancial consumer 1103
council shall hold regular meetings at the times and places it 1104
fixes, and shall meet at any time on call of the deputy 1105
superintendent for banks, the deputy superintendent for savings 1106
and loan associations and savings banks, or the deputy 1107
superintendent for credit unions upon two days' notice unless the 1108
commissioncouncil by resolution provides for a shorter notice.1109

       (B) A majority of the full commissioncouncil constitutes a 1110
quorum, and action taken by a majority of those present at a 1111
meeting at which there is a quorum constitutes the action of the1112
commissioncouncil.1113

       (C) No member shall participate before the commissioncouncil1114
in a proceeding involving any bankfinancial institution of which 1115
the member is, or was at any time in the preceding twelve months, 1116
a member of the board of directors, an officer, an employee, or a 1117
shareholder. A member may refrain from participating in a 1118
proceeding before the commissioncouncil for any other cause the 1119
member considers sufficient.1120

       (D) The commissioncouncil may, by a majority vote of those 1121
present at a meeting at which there is a quorum, adopt and amend 1122
bylaws and rules the commissioncouncil, in its judgment, 1123
considers necessary and proper. The commissioncouncil shall 1124
select one of its members as secretary, who shall keep a record of 1125
all its proceedings.1126

       Sec. 1123.03.  The banking commissionfinancial consumer 1127
council shall do all of the following:1128

       (A) Make recommendations to the deputy superintendent for 1129
banks and, the superintendent of financial institutions, the 1130
deputy superintendent for savings and loan associations and 1131
savings banks, and the deputy superintendent for credit unions on 1132
matters relating to the business of banking, savings and loan 1133
associations, savings banks, and credit unions;1134

       (B) Consider and make recommendations on any matter the 1135
superintendent or deputy superintendent submits to the commission1136
council for that purpose;1137

       (C) Pass upon and determine any matter the superintendent or 1138
deputy superintendent submits to the commissioncouncil for 1139
determination;1140

       (D) Consider and determine whether to confirm the annual 1141
schedule of assessments proposed by the superintendent in 1142
accordance with section 1121.29 and with division (A) of sections 1143
1155.13 and 1163.16 of the Revised Code, and the assessment 1144
determined pursuant to section 1733.321 of the Revised Code;1145

       (E) Determine whether to increase the schedule of assessments 1146
as provided in division (A)(3) of section 1121.29 of the Revised 1147
Code;1148

       (F) Determine, as provided in division (D) of section 1121.12 1149
of the Revised Code, both of the following:1150

       (1) Whether there is reasonable cause to believe that there 1151
is a significant risk of imminent material harm to the bank;1152

       (2) Whether the examination of the bank holding company is 1153
necessary to fully determine the risk to the bank, or to determine 1154
how best to address the risk to the bank.1155

       (G) Submit to the governor recommendations concerning 1156
amendments to the savings and loan association or savings bank 1157
laws and credit union laws of this state or rules adopted pursuant 1158
to those laws that the council considers appropriate;1159

       (H) Consult with, advise, and make recommendations to the 1160
superintendent of financial institutions and the deputy 1161
superintendent for credit unions on matters relating to the 1162
business for credit unions, including field of membership, 1163
regulation, examination, safety and soundness, and applications of 1164
credit unions under this chapter;1165

       (I) Consider and determine whether to confirm the supervisory 1166
fees proposed by the superintendent of financial institutions in 1167
accordance with division (E) of section 1733.32 of the Revised 1168
Code;1169

       (J) With respect to the adoption, amendment, or rescission of 1170
rules adopted pursuant to this chapter, be present at the public 1171
hearing required by section 119.03 of the Revised Code and provide 1172
recommendations, advice, or assistance at the public hearing.1173

       Sec. 1123.04. Neither the deputy superintendent for banks 1174
nor any otherNo member of the banking commissionfinancial 1175
consumer council is liable, in any civil or criminal action or 1176
proceeding, for any mistake of judgment or discretion in any 1177
action taken, or in any omission made, by the member in good 1178
faith.1179

       Sec. 1155.13.  (A)(1) Each savings and loan association 1180
subject to inspection and examination by the superintendent of 1181
financial institutions and transacting business in this state as 1182
of the thirty-first day of December of the prior fiscal year, or 1183
the savings and loan association's successor in interest, shall 1184
pay annual assessments to the superintendent as provided in this 1185
section.1186

       (2) After determining the budget of the division of financial 1187
institutions for examination and regulation of savings and loan 1188
associations, but prior to establishing the annual assessment 1189
amount necessary to fund that budget, the superintendent shall 1190
include any amounts collected but not yet expended or encumbered 1191
by the superintendent in the previous fiscal year's budget and 1192
remaining in the savings institutions fund from the amount to be 1193
assessed. Based upon the resulting budget amount and upon 1194
confirmation of the schedule of assessments by the savings and 1195
loan associations and savings banks boardfinancial consumer 1196
council, the superintendent shall make an assessment upon each 1197
savings and loan association based on the total assets as shown on 1198
the books of the savings and loan association as of the 1199
thirty-first day of December of the previous fiscal year. The 1200
assessments shall be collected on an annual or periodic basis 1201
within the fiscal year, as determined by the superintendent.1202

       (3) Annually and prior to making any assessment pursuant to 1203
division (A)(2) of this section, the superintendent shall present 1204
to the savings and loan associations and savings banks board1205
financial consumer council for confirmation a schedule of the 1206
assessments to be billed savings and loan associations pursuant to 1207
division (A)(2) of this section.1208

       (4) A savings and loan association authorized by the 1209
superintendent to commence business in the period between 1210
assessments shall pay the actual reasonable costs of the 1211
division's examinations and visitations.1212

       (B) Assessments and fees charged pursuant to this section 1213
shall be paid within fourteen days after receiving an invoice for 1214
payment of the assessment or fee.1215

       Any assessment or fee collected is not refundable.1216

       (C) The superintendent shall pay all assessments and fees 1217
charged pursuant to this section and all forfeitures required to 1218
be paid to the superintendent into the state treasury to the 1219
credit of the savings institutions fund established under section 1220
1181.18 of the Revised Code.1221

       (D) Any money deposited into the state treasury to the credit 1222
of the savings institutions fund, but not expended or encumbered 1223
by the superintendent to defray the costs of administering 1224
Chapters 1151. to 1157. of the Revised Code, shall remain in the 1225
savings institutions fund for expenditures by the superintendent 1226
in subsequent years in the administration of Chapters 1151. to 1227
1157. of the Revised Code.1228

       Sec. 1163.16.  (A)(1) Each savings bank subject to inspection 1229
and examination by the superintendent of financial institutions 1230
and transacting business in this state as of the thirty-first day 1231
of December of the prior fiscal year, or the savings bank's 1232
successor in interest, shall pay annual assessments to the 1233
superintendent as provided in this section.1234

       (2) After determining the budget of the division of financial 1235
institutions for examination and regulation of savings banks, but 1236
prior to establishing the annual assessment amount necessary to 1237
fund that budget, the superintendent shall include any amounts 1238
collected but not yet expended or encumbered by the superintendent 1239
in the previous fiscal year's budget and remaining in the savings 1240
institutions fund from the amount to be assessed. Based upon the 1241
resulting budget amount and upon confirmation of the schedule of 1242
assessments by the savings and loan associations and savings banks 1243
boardfinancial consumer council, the superintendent shall make an 1244
assessment upon each savings bank based on the total assets as 1245
shown on the books of the savings bank as of the thirty-first day 1246
of December of the previous fiscal year. The assessments shall be 1247
collected on an annual or periodic basis within the fiscal year, 1248
as determined by the superintendent.1249

       (3) Annually and prior to making any assessment pursuant to 1250
division (A)(2) of this section, the superintendent shall present 1251
to the savings and loan associations and savings banks board1252
financial consumer council for confirmation a schedule of the 1253
assessments to be billed savings banks pursuant to division (A)(2) 1254
of this section.1255

       (4) A savings bank authorized by the superintendent to 1256
commence business in the period between assessments shall pay the 1257
actual reasonable costs of the division's examinations and 1258
visitations.1259

       (B) Assessments and fees charged pursuant to this section 1260
shall be paid within fourteen days after receiving an invoice for 1261
payment of the assessment or fee.1262

       Any assessment or fee collected is not refundable.1263

       (C) The superintendent shall pay all assessments and fees 1264
charged pursuant to this section and all forfeitures required to 1265
be paid to the superintendent into the state treasury to the 1266
credit of the savings institutions fund established under section 1267
1181.18 of the Revised Code.1268

       (D) Any money deposited into the state treasury to the credit 1269
of the savings institutions fund, but not expended or encumbered 1270
by the superintendent to defray the costs of administering 1271
Chapters 1161. to 1165. of the Revised Code, shall remain in the 1272
savings institutions fund for expenditures by the superintendent 1273
in subsequent years in the administration of Chapters 1161. to 1274
1165. of the Revised Code.1275

       Sec. 1181.11.  Copies of all certificates, records, and 1276
papers in the office of the superintendent of financial 1277
institutions, including the records of the banking commission, the 1278
savings and loan associations and savings banks board, and the 1279
credit unionfinancial consumer council, duly certified by the 1280
superintendent and authenticated by the superintendent's seal of 1281
office, shall be evidence, in all courts of this state, of every 1282
matter which could be proved by the production of the original.1283

       Sec. 1315.122.  (A) Information leading to, arising from, or 1284
obtained in the course of the examination of a licensee or other 1285
person conducted pursuant to the authority of sections 1315.01 to 1286
1315.18 of the Revised Code is privileged and confidential. No 1287
person, including any person to whom the information is disclosed 1288
under the authority of this section, shall disclose information 1289
leading to, arising from, or obtained in the course of an 1290
examination, except as specifically provided in this section.1291

       (B) The superintendent of financial institutions and the 1292
superintendent's agents and employees may disclose information 1293
leading to, arising from, or obtained in the course of an 1294
examination conducted pursuant to section 1315.12 or 1315.121 of 1295
the Revised Code as follows:1296

       (1) To the governor, director of commerce, or deputy director 1297
of commerce to enable them to act in the interests of the public;1298

       (2) To the banking commissionfinancial consumer council, 1299
created pursuant to section 1123.01 of the Revised Code, to enable 1300
the commissioncouncil to effectively advise the superintendent 1301
and take action on any matter the superintendent presents to the 1302
commissioncouncil;1303

       (3) To financial institution regulatory authorities of this 1304
and other states, the United States, and other countries to assist 1305
them in their regulatory duties;1306

       (4) To the directors, officers, agents, and parent company of 1307
the licensee or other money transmitter examined to assist them in 1308
conducting the business of the licensee or other money transmitter 1309
examined in a safe and sound manner and in compliance with the 1310
law;1311

       (5) To law enforcement authorities conducting criminal 1312
investigations.1313

       (C) Information leading to, arising from, or obtained in the 1314
course of an examination of a licensee or other person pursuant to 1315
sections 1315.01 to 1315.18 of the Revised Code shall not be 1316
discoverable from any source. The information shall not be 1317
introduced into evidence, except in the following circumstances:1318

       (1) In connection with criminal proceedings;1319

       (2) When, in the opinion of the superintendent, it is 1320
appropriate with regard to enforcement actions taken and decisions 1321
made by the superintendent under the authority of sections 1315.01 1322
to 1315.18 of the Revised Code regarding a licensee or other 1323
person;1324

       (3) When litigation has been initiated by the superintendent 1325
in furtherance of the powers, duties, and obligations imposed upon 1326
the superintendent by sections 1315.01 to 1315.18 of the Revised 1327
Code;1328

       (4) When authorized by agreements between the superintendent 1329
and financial institution regulatory authorities of this and other 1330
states, the United States, and other countries authorized by 1331
section 1315.121 of the Revised Code;1332

       (5) When and in the manner authorized in section 1181.25 of 1333
the Revised Code.1334

       (D) A report of an examination conducted pursuant to section 1335
1315.12 or 1315.121 of the Revised Code is the property of the 1336
division of financial institutions. Under no circumstances may the 1337
licensee or other money transmitter examined, its directors, 1338
officers, employees, agents, regulated persons, or contractors, or 1339
any person having knowledge or possession of a report of 1340
examination, or any of its contents, disclose or make public in 1341
any manner the report of examination or its contents. The 1342
authority provided in division (B)(4) of this section for use of 1343
examination information to assist in conducting the business of 1344
the licensee or other money transmitter examined in a safe and 1345
sound manner and in compliance with law shall not be construed to 1346
authorize disclosure of a report of examination or any of its 1347
contents in conducting business with the examined licensee's or 1348
other money transmitter's customers, creditors, or shareholders, 1349
or with other persons.1350

       (E) Whoever violates this section shall be removed from 1351
office, shall be liable, with the violator's bonder in damages to 1352
the person injured by the disclosure of information, and is guilty 1353
of a felony of the fourth degree.1354

       Sec. 1349.71.  (A) There is hereby created a consumer finance 1355
education board, consisting of the following twelve members:1356

       (1) An employee of the Ohio attorney general's office, 1357
appointed by the governor;1358

       (2) An employee of the department of commerce, appointed by 1359
the governor;1360

       (3) An employee of the Ohio housing finance agency, appointed 1361
by the governor;1362

       (4) A representative of Ohio minority advocacy groups, 1363
appointed by the governor;1364

       (5) A member of the Ohio bankers league, appointed by the 1365
speaker of the house of representatives;1366

       (6) A member of the Ohio mortgage bankers association, 1367
appointed by the speaker of the house of representatives;1368

       (7) A member of the Ohio credit union league, appointed by 1369
the speaker of the house of representatives;1370

       (8) A member of the Ohio community bankers association, 1371
appointed by the speaker of the house of representatives;1372

       (9) A representative of the Ohio real estate industry, 1373
appointed by the president of the senate;1374

       (10) A member of the Ohio mortgage brokers association, 1375
appointed by the president of the senate;1376

       (11) A representative of the financial services industry, 1377
appointed by the president of the senate;1378

       (12) A representative of consumer advocacy organizations, 1379
appointed by the president of the senate.1380

       (B) Geographically diverse representation of the state shall 1381
be considered in making appointments. Of the initial appointments 1382
to the board, four shall be for a term ending December 31, 2008, 1383
four shall be for a term ending December 31, 2009, and four shall 1384
be for a term ending December 31, 2010. Thereafter, terms of 1385
office are for three years, commencing on the first day of January 1386
and ending on the thirty-first day of December. Each member shall 1387
hold office from the date of the member's appointment until the 1388
end of the term for which the member is appointed. Prior to 1389
assuming the duties of office, each member shall subscribe to, and 1390
file with the secretary of state, the constitutional oath of 1391
office. Vacancies that occur on the board shall be filled in the 1392
manner prescribed for regular appointments to the board. A member 1393
appointed to fill a vacancy occurring prior to the expiration of 1394
the term for which the member's predecessor was appointed shall 1395
hold office for the remainder of that predecessor's term. A member 1396
shall continue in office subsequent to the expiration date of the 1397
member's term until the member's successor takes office or until 1398
sixty days have elapsed, whichever occurs first. No person shall 1399
serve as a member of the board for more than two consecutive 1400
terms. The governor may remove a member pursuant to section 3.04 1401
of the Revised Code.1402

       (C) Annually, upon the qualification of the members appointed 1403
in that year, the board shall organize by selecting from its 1404
members a chairperson. The board shall meet at least once each 1405
calendar quarter to conduct its business with the place of future 1406
meetings to be decided by a vote of its members. Each member shall 1407
be provided with written notice of the time and place of each 1408
board meeting at least ten days prior to the scheduled date of the 1409
meeting. A majority of the members of the board constitutes a 1410
quorum to transact and vote on all business coming before the 1411
board.1412

       (D)(1) The governor shall call the first meeting of the 1413
consumer finance education board. At that meeting, and annually 1414
thereafter, the board shall elect a chairperson for a one-year 1415
term and may elect members to other positions on the board as the 1416
board considers necessary or appropriate.1417

       (2) Each member of the board shall receive an amount fixed 1418
pursuant to division (J) of section 124.15 of the Revised Code for 1419
each day employed in the discharge of the member's official 1420
duties, and the member's actual and necessary expenses incurred in 1421
the discharge of those duties.1422

       (E) The board may obtain services from any state agency, 1423
including, but not limited to, the department of commerce or its 1424
successor agency.1425

       (F) The board shall assemble an advisory committee of 1426
representatives from the following organizations or groups for the 1427
purpose of receiving recommendations on policy, rules, and 1428
activities of the board:1429

       (1) The department of aging;1430

       (2) The department of rehabilitation and correction;1431

       (3) The department of development;1432

       (4) The department of job and family services;1433

       (5) The Ohio treasurer of state's office;1434

       (6) The county treasurers association of Ohio;1435

       (7) Ohio college professors;1436

       (8) Ohio university professors;1437

       (9) The Ohio board of regents;1438

       (10) The Ohio community development corporations association;1439

       (11) The Ohio council for economic education;1440

       (12) The Ohio state university extension service.1441

       Sec. 1521.19. (A) There is hereby created the Ohio water 1442
resources council consisting of the directors of agriculture, 1443
development, environmental protection, health, natural resources, 1444
transportation, and the Ohio public works commission, the 1445
chairperson of the public utilities commission of Ohio, the 1446
executive director of the Ohio water development authority, and an 1447
executive assistant in the office of the governor appointed by the 1448
governor. The governor shall appoint one of the members of the 1449
council to serve as its chairperson. The council may adopt bylaws 1450
that are necessary for the implementation of this section. The 1451
council shall provide a forum for policy development, 1452
collaboration and coordination among state agencies, and strategic 1453
direction with respect to state water resource programs. The 1454
council shall be assisted in its functions by a state agency 1455
coordinating group and an advisory group as provided in this 1456
section.1457

       (B) The state agency coordinating group shall consist of the 1458
executive director of the Ohio Lake Erie commission and a member 1459
or members from each state agency, commission, and authority 1460
represented on the council, to be appointed by the applicable 1461
director, chairperson, or executive director. However, the 1462
environmental protection agency shall be represented on the group 1463
by the chiefs of the divisions within that agency having 1464
responsibility for surface water programs and drinking and ground 1465
water programs, and the department of natural resources shall be 1466
represented on the group by the chief of the division of soil and 1467
water resources. The chairperson of the council shall appoint a 1468
leader of the state agency coordinating group. The group shall 1469
provide assistance to and perform duties on behalf of the council 1470
as directed by the council.1471

       (C) The advisory group shall consist of not more than 1472
twenty-four members, each representing an organization or entity 1473
with an interest in water resource issues. The council shall 1474
appoint the members of the advisory group. Of the initial 1475
appointments, not more than ten members shall be appointed for 1476
one-year terms, and not more than ten members shall be appointed 1477
for two-year terms. Of the four initial appointments made after 1478
April 6, 2007, two of the members shall be appointed for one-year 1479
terms, and two of the members shall be appointed for two-year 1480
terms. Thereafter, all advisory group members shall serve two-year 1481
terms. Members may be reappointed. Each member shall hold office 1482
from the date of the member's appointment until the end of the 1483
member's term. A member shall continue in office subsequent to the 1484
expiration date of the member's term until the member's successor 1485
takes office or until a period of sixty days has elapsed, 1486
whichever occurs first. The council may remove a member for 1487
misfeasance, nonfeasance, or malfeasance in office. The council 1488
shall appoint members to fill any vacancies on the group. A member 1489
appointed to fill a vacancy shall hold office for the remainder of 1490
the term for which that member was appointed.1491

       The chairperson of the council shall appoint a chairperson of 1492
the advisory group. The advisory group shall advise the council on 1493
water resources issues addressed by the council.1494

       (D)(C) There is hereby created in the state treasury the Ohio 1495
water resources council fund. The department of natural resources 1496
shall serve as the fiscal agent for the fund. The departments of 1497
agriculture, development, environmental protection, health, 1498
natural resources, and transportation shall transfer moneys to the 1499
fund in equal amounts via intrastate transfer voucher. The public 1500
utilities commission of Ohio, Ohio public works commission, and 1501
Ohio water development authority may transfer moneys to the fund. 1502
If a voluntary transfer of moneys is made to the fund, the portion 1503
that is required to be transferred by the departments of 1504
agriculture, development, environmental protection, health, 1505
natural resources, and transportation may be equally reduced. 1506
Moneys in the fund shall be used to pay the operating expenses of 1507
the Ohio water resources council, including those specified in 1508
division (E)(D) of this section.1509

       (E)(D) The Ohio water resources council may hire staff to 1510
support its activities. The council may enter into contracts and 1511
agreements with federal agencies, state agencies, political 1512
subdivisions, and private entities to assist in accomplishing its 1513
objectives. Advisory group members shall be reimbursed for 1514
expenses necessarily incurred in the performance of their duties 1515
pursuant to section 126.31 of the Revised Code and any applicable 1516
rules pertaining to travel reimbursement adopted by the office of 1517
budget and management.1518

       Sec. 1733.32.  (A)(1) The superintendent of financial 1519
institutions shall see that the laws relating to credit unions are 1520
executed and enforced.1521

       (2) The deputy superintendent for credit unions shall be the 1522
principal supervisor of credit unions. In that position, the 1523
deputy superintendent for credit unions shall, notwithstanding 1524
division (A)(3) of this section, be responsible for conducting 1525
examinations and preparing examination reports under that 1526
division. In addition, the deputy superintendent for credit unions 1527
shall, notwithstanding sections 1733.191, 1733.41, 1733.411, and 1528
1733.412 of the Revised Code, have the authority to adopt rules in 1529
accordance with those sections, and, notwithstanding section 1530
1733.05 of the Revised Code, shall have the authority to approve 1531
issues and matters pertaining to fields of membership. In 1532
performing or exercising any of the examination, rule-making, or 1533
other regulatory functions, powers, or duties vested by division 1534
(A)(2) of this section in the deputy superintendent for credit 1535
unions, the deputy superintendent for credit unions shall be 1536
subject to the control of the superintendent of financial 1537
institutions.1538

       (3) The superintendent of financial institutions shall 1539
develop and implement a system for evaluating the safety and 1540
soundness of credit unions and for determining when examinations 1541
and supervisory actions are necessary. Credit unions shall be 1542
subject to periodic examinations, as specified in rules adopted by 1543
the superintendent, and their books, records, and accounts shall 1544
be open to the inspection of the superintendent at all times. For 1545
the purpose of such examination or inspection, the superintendent 1546
may subpoena witnesses, administer oaths, receive testimony, and 1547
order the submission of documents.1548

       (B) Every credit union shall prepare and submit, on forms 1549
provided by the superintendent, a financial report to the 1550
superintendent showing its assets and liabilities whenever 1551
requested to do so by the superintendent. Every financial report 1552
shall be verified by the oaths of the two principal officers in 1553
charge of the affairs of the credit union at the time of such 1554
verification and shall be submitted to the superintendent within 1555
thirty days after the superintendent requests the financial 1556
report.1557

       (C) An annual financial report of the affairs and business of 1558
the credit union, showing its condition as of the thirty-first day 1559
of December unless otherwise authorized by the superintendent, 1560
shall be filed with the superintendent not later than the date 1561
authorized in the rules adopted by the superintendent.1562

       (D) If a financial report or an annual financial report is 1563
not filed with the superintendent in accordance with division (B) 1564
or (C) of this section, the superintendent may do both of the 1565
following:1566

       (1) Assess a fine, determined by rule adopted by the 1567
superintendent, for each day the report is in arrears;1568

       (2) If the superintendent gives written notice to the 1569
president of the credit union of the superintendent's intention to 1570
do so, issue an order revoking the credit union's articles of 1571
incorporation and appointing a liquidating agent to liquidate the 1572
credit union in accordance with section 1733.37 of the Revised 1573
Code.1574

       (E)(1) Except as provided in division (E)(2) of this section, 1575
each credit union doing business in this state shall remit, 1576
semiannually and within fifteen days after billing, to the 1577
treasurer of state, a supervisory fee in an amount determined by 1578
the superintendent and confirmed by the credit unionfinancial 1579
consumer council. The supervisory fee described in division (E)(1) 1580
of this section shall be based on a percentage of the gross assets 1581
of the credit union as shown by its last annual financial report 1582
filed with the superintendent in accordance with division (C) of 1583
this section. The minimum supervisory fee shall be determined by 1584
the superintendent and confirmed by the credit unionfinancial 1585
consumer council.1586

       (2) Each corporate credit union doing business in this state 1587
shall remit, semiannually and within fifteen days after billing, 1588
to the treasurer of state, a supervisory fee determined by rule 1589
adopted by the superintendent and confirmed by the credit union1590
financial consumer council. The aggregate annual amount of the fee 1591
shall not exceed the annual operating fee that the national credit 1592
union administration charges a federally chartered credit union 1593
pursuant to the "Federal Credit Union Act," 84 Stat. 994 (1970), 1594
12 U.S.C.A. 1751.1595

       (3) The superintendent annually shall present to the credit 1596
unionfinancial consumer council for confirmation the supervisory 1597
fees to be billed credit unions and corporate credit unions 1598
pursuant to division (E) of this section.1599

       (4) If any supervisory fee is not remitted in accordance with 1600
division (E)(1) or (2) of this section, the superintendent may 1601
assess a fine, determined by rule adopted by the superintendent, 1602
for each day that each fee is in arrears.1603

       (5)(a) Subject to division (E)(5)(b) of this section, the 1604
total amount of each semiannual billing to all credit unions and 1605
corporate credit unions combined shall equal one-half of the 1606
appropriation made by the main operating appropriation act, 1607
including any modifications made by the controlling board, to the 1608
division of financial institutions for the regulation of credit 1609
unions for the fiscal year in which the billings occur, except 1610
that the superintendent, in determining the supervisory fees, may 1611
take into consideration any funds lapsed from the appropriation 1612
made in the previous fiscal year.1613

       (b) If during the period between the credit unionfinancial 1614
consumer council's confirmation of supervisory fees and when 1615
supervisory fees described in this section are collected, the 1616
credit unionfinancial consumer council determines additional 1617
money is required to adequately fund the operations of the 1618
division of financial institutions for that fiscal year, the 1619
credit unionfinancial consumer council may, by the affirmative 1620
vote of five of its members, increase the supervisory fees billed. 1621
The superintendent promptly shall notify each credit union and 1622
corporate credit union of the increased supervisory fees, and each 1623
credit union or corporate credit union shall pay the increased 1624
supervisory fees billed by the superintendent.1625

       (6) The fees or fines collected pursuant to this section 1626
shall be credited to the credit unions fund created in section 1627
1733.321 of the Revised Code.1628

       (F) A report of such examination shall be forwarded to the 1629
president of each credit union after the completion of the 1630
examination. The report may contain comments relative to the 1631
management of the affairs of the credit union and also as to the 1632
general condition of its assets. Within thirty days of the receipt 1633
of the report, a meeting of the directors shall be called to 1634
consider matters contained in the report, and the president shall 1635
notify the superintendent of any action taken at the meeting.1636

       (G)(1) The superintendent shall furnish reports of 1637
examinations or other appropriate information to any organization 1638
referred to in section 1733.041 of the Revised Code when requested 1639
by the organization and authorized by the credit union. The 1640
superintendent may charge a fee for such reports and other 1641
information as may be established by rules adopted by the 1642
superintendent.1643

       (2) A report of examination furnished pursuant to division 1644
(G)(1) of this section is the property of the division of credit 1645
unions and may be used by the examined credit union only in the 1646
conduct of its business. Under no circumstances may the credit 1647
union, its current or former directors, officers, employees, 1648
agents, shareholders, participants in the conduct of its affairs, 1649
or their agents disclose or make public, in any manner, a report 1650
of examination or its contents.1651

       (H) Except as provided in this division, information obtained 1652
by the superintendent of financial institutions and the 1653
superintendent's employees as a result of or arising out of the 1654
examination or independent audit of a credit union, from required 1655
reports, or because of their official position, shall be 1656
confidential. Such information may be disclosed only in connection 1657
with criminal proceedings or, subject to section 1733.327 of the 1658
Revised Code, when it is necessary for the superintendent to take 1659
official action pursuant to Chapter 1733. of the Revised Code and 1660
the rules adopted thereunder regarding the affairs of the credit 1661
union examined. Such information may also be introduced into 1662
evidence or disclosed when and in the manner authorized in section 1663
1181.25 of the Revised Code. This division does not prevent the 1664
superintendent from properly exchanging information relating to an 1665
examined credit union pursuant to division (F) or (G) of this 1666
section, with officials of properly authorized state or federal 1667
financial institution regulatory authorities, with any insurer 1668
recognized under section 1733.041, or with any surety recognized 1669
under section 1733.23 of the Revised Code. This division also does 1670
not prevent the superintendent from disclosing information 1671
contained in the financial reports or annual financial reports 1672
described in division (B) or (C) of this section to recognized 1673
credit union trade associations, to share guarantee insurance 1674
organizations, to federal or state agencies, or to the general 1675
public. Financial reports and annual financial reports described 1676
in divisions (B) and (C) of this section, call reports, or 1677
financial statements required to be filed with the division of 1678
financial institutions are public records for purposes of section 1679
149.43 of the Revised Code. Information relating to the 1680
examination or independent audit of a credit union, other than 1681
information that is permitted to be disclosed by this section or 1682
is a public record, is not a public record for purposes of section 1683
149.43 of the Revised Code.1684

       Sec. 3119.024.  At least once every four years, the 1685
department of job and family services shall review the basic child 1686
support schedule set forth in section 3119.021 of the Revised Code 1687
to determine whether child support orders issued in accordance 1688
with the schedule and worksheets adequately provide for the needs 1689
of the children who are subject to the child support orders, 1690
prepare a report of its review, and submit a copy of the report to 1691
both houses of the general assembly.1692

       For each review, the department shall establish a child 1693
support guideline advisory council to assist the department in the 1694
completion of its reviews and reports. Each council shall be 1695
composed of obligors; obligees; judges of courts of common pleas 1696
who have jurisdiction over domestic relations cases; attorneys 1697
whose practice includes a significant number of domestic relations 1698
cases; representatives of child support enforcement agencies; 1699
other persons interested in the welfare of children; three members 1700
of the senate appointed by the president of the senate, no more 1701
than two of whom are members of the same party; and three members 1702
of the house of representatives appointed by the speaker of the 1703
house, no more than two of whom are members of the same party.1704

       The department shall consider input from the council prior to 1705
the completion of any report under this section.1706

       The advisory council shall cease to exist at the time that it 1707
submits its report to the general assembly.1708

       Any expenses incurred by an advisory council shall be paid by 1709
the department.1710

       On or before the first day of March of every fourth year 1711
after 1993, the department shall submit a report under this 1712
division to both houses of the general assembly.1713

       Sec. 3301.90.  The governor shall create the early childhood 1714
advisory council in accordance with 42 U.S.C. 9837b(b)(1) and 1715
shall appoint one of its members to serve as chairperson of the 1716
council. The council shall serve as the state advisory council on 1717
early childhood education and care, as described in 42 U.S.C. 1718
9837b(b)(1). In addition to the duties specified in 42 U.S.C. 1719
9837b(b)(1), the council shall advise the state regarding the 1720
creation and duties of the center for early childhood development 1721
and shall promote family-centered programs and services that 1722
acknowledge and support the social, emotional, cognitive, 1723
intellectual, and physical development of children and the vital 1724
role of families in ensuring the well-being and success of 1725
children.1726

       The council shall also develop recommendations that explore 1727
the implementation of a single financing system for early care and 1728
education programs that includes aligned payment mechanisms and 1729
consistent eligibility and copayment policies. The council shall 1730
submit its recommendations to the governor.1731

       Sec. 3311.71.  (A) As used in this section and in sections 1732
3311.72 to 3311.773311.76 of the Revised Code:1733

       (1) "Municipal school district" means a school district that 1734
is or has ever been under a federal court order requiring 1735
supervision and operational, fiscal, and personnel management of 1736
the district by the state superintendent of public instruction.1737

       (2) "Mayor" means the mayor of the municipal corporation 1738
containing the greatest portion of a municipal school district's 1739
territory.1740

       (B) Whenever any municipal school district is released by a 1741
federal court from an order requiring supervision and operational, 1742
fiscal, and personnel management of the district by the state 1743
superintendent, the management and control of that district shall 1744
be assumed, effective immediately, by a new nine-member board of 1745
education. Members of the new board shall be appointed by the 1746
mayor, who shall also designate one member as the chairperson of 1747
the board. In addition to the rights, authority, and duties 1748
conferred upon the chairperson by sections 3311.71 to 3311.76 of 1749
the Revised Code, the chairperson shall have all the rights, 1750
authority, and duties conferred upon the president of a board of 1751
education by the Revised Code that are not inconsistent with 1752
sections 3311.71 to 3311.76 of the Revised Code.1753

       (C) No school board member shall be appointed by the mayor 1754
pursuant to division (B) of this section until the mayor has 1755
received a slate of at least eighteen candidates nominated by a 1756
municipal school district nominating panel, at least three of whom 1757
reside in the municipal school district but not in the municipal 1758
corporation containing the greatest portion of the district's 1759
territory. The municipal school district nominating panel shall be 1760
initially convened and chaired by the state superintendent of 1761
public instruction, who shall serve as a nonvoting member for the 1762
first two years of the panel's existence, and shall consist of 1763
eleven persons selected as follows:1764

       (1) Three parents or guardians of children attending the 1765
schools of the municipal school district appointed by the district 1766
parent-teacher association, or similar organization selected by 1767
the state superintendent;1768

       (2) Three persons appointed by the mayor;1769

       (3) One person appointed by the president of the legislative 1770
body of the municipal corporation containing the greatest portion 1771
of the municipal school district's territory;1772

       (4) One teacher appointed by the collective bargaining 1773
representative of the school district's teachers;1774

       (5) One principal appointed through a vote of the school 1775
district's principals, which vote shall be conducted by the state 1776
superintendent;1777

       (6) One representative of the business community appointed by 1778
an organized collective business entity selected by the mayor;1779

       (7) One president of a public or private institution of 1780
higher education located within the municipal school district 1781
appointed by the state superintendent of public instruction.1782

       The municipal school district nominating panel shall select 1783
one of its members as its chairperson commencing two years after 1784
the date of the first meeting of the panel, at which time the 1785
state superintendent of public instruction shall no longer convene 1786
or chair the panel. Thereafter, the panel shall meet as necessary 1787
to make nominations at the call of the chairperson. All members of 1788
the panel shall serve at the pleasure of the appointing authority. 1789
Vacancies on the panel shall be filled in the same manner as the 1790
initial appointments.1791

       (D) No individual shall be appointed by the mayor pursuant to 1792
division (B) or (F) of this section unless the individual has been 1793
nominated by the nominating panel, resides in the school district, 1794
and holds no elected public office. At any given time, four of the 1795
nine members appointed by the mayor to serve on the board pursuant 1796
to either division (B) or (F) of this section shall have 1797
displayed, prior to appointment, significant expertise in either 1798
the education field, finance, or business management. At all times 1799
at least one member of the board shall be an individual who 1800
resides in the municipal school district but not in the municipal 1801
corporation containing the greatest portion of the district's 1802
territory.1803

       (E) The terms of office of all members appointed by the mayor 1804
pursuant to division (B) of this section shall expire on the next 1805
thirtieth day of June following the referendum election required 1806
by section 3311.73 of the Revised Code. The mayor may, with the 1807
advice and consent of the nominating panel, remove any member 1808
appointed pursuant to that division or division (F) of this 1809
section for cause.1810

       (F) If the voters of the district approve the continuation of 1811
an appointed board at the referendum election required by section 1812
3311.73 of the Revised Code, the mayor shall appoint the members 1813
of a new board from a slate prepared by the nominating panel in 1814
the same manner as the initial board was appointed pursuant to 1815
divisions (B), (C), and (D) of this section. Five of the members 1816
of the new board shall be appointed to four-year terms and the 1817
other four shall be appointed to two-year terms, each term 1818
beginning on the first day of July. Thereafter, the mayor shall 1819
appoint members to four-year terms in the same manner as described 1820
in divisions (B), (C), and (D) of this section. The minimum number 1821
of individuals who shall be on the slate prepared by the 1822
nominating panel for this purpose shall be at least twice the 1823
number of members to be appointed, including at least two who 1824
reside in the municipal school district but not in the municipal 1825
corporation containing the greatest portion of the district's 1826
territory.1827

       (G) In addition to the nine members appointed by the mayor, 1828
the boards appointed pursuant to divisions (B) and (F) of this 1829
section shall include the following nonvoting ex officio members:1830

       (1) If the main campus of a state university specified in 1831
section 3345.011 of the Revised Code is located within the 1832
municipal school district, the president of the university or the 1833
president's designee;1834

       (2) If any community college has its main branch located 1835
within the district, the president of the community college that 1836
has the largest main branch within the district, or the 1837
president's designee.1838

       Sec. 3313.6013. (A) As used in this section, "dual enrollment 1839
program" means a program that enables a student to earn credit 1840
toward a degree from an institution of higher education while 1841
enrolled in high school or that enables a student to complete 1842
coursework while enrolled in high school that may earn credit 1843
toward a degree from an institution of higher education upon the 1844
student's attainment of a specified score on an examination 1845
covering the coursework. Dual enrollment programs may include any 1846
of the following:1847

        (1) The post-secondary enrollment options program established 1848
under Chapter 3365. of the Revised Code;1849

       (2) Advanced placement courses;1850

       (3) Any similar program established pursuant to an agreement 1851
between a school district or chartered nonpublic high school and 1852
an institution of higher education.1853

        (B) Each city, local, exempted village, and joint vocational 1854
school district and each chartered nonpublic high school shall 1855
provide students enrolled in grades nine through twelve with the 1856
opportunity to participate in a dual enrollment program. For this 1857
purpose, each school district and chartered nonpublic high school 1858
shall offer at least one dual enrollment program in accordance 1859
with division (B)(1) or (2) of this section, as applicable.1860

        (1) A city, local, or exempted village school district meets 1861
the requirements of this division through its mandatory 1862
participation in the post-secondary enrollment options program 1863
established under Chapter 3365. of the Revised Code. However, a 1864
city, local, or exempted village school district may offer any 1865
other dual enrollment program, in addition to the post-secondary 1866
enrollment options program, and each joint vocational school 1867
district shall offer at least one other dueldual enrollment 1868
program, to students in good standing, as defined by the 1869
partnership for continued learning under section 3301.42 of the 1870
Revised Code as it existed prior to the effective date of this 1871
amendment or as subsequently defined by the department of 1872
education.1873

        (2) A chartered nonpublic high school that elects to 1874
participate in the post-secondary enrollment options program 1875
established under Chapter 3365. of the Revised Code meets the 1876
requirements of this division. Each chartered nonpublic high 1877
school that elects not to participate in the post-secondary 1878
enrollment options program instead shall offer at least one other 1879
dual enrollment program to students in good standing, as defined 1880
by the partnership for continued learning under section 3301.42 of 1881
the Revised Code as it existed prior to the effective date of this 1882
amendment or as subsequently defined by the department of 1883
education.1884

       (C) Each school district and each chartered nonpublic high 1885
school shall provide information about the dual enrollment 1886
programs offered by the district or school to all students 1887
enrolled in grades eight through eleven.1888

       Sec. 3335.27.  The engineering experiment station shall be 1889
under the control of the board of trustees of the Ohio state 1890
university, through the regular administrative and fiscal 1891
officers. The board shall appoint a director on recommendation of 1892
the president of the university. There shall be an advisory 1893
committee of seven members appointed by the board of which 1894
committee the director shall be ex officio a member, and 1895
chairperson, said director, and the other six members to be chosen 1896
from the faculty of the college of engineering. The term of these 1897
members shall be for three years. The director and advisory 1898
committee shall select suitable subjects for investigation, 1899
apportion the available funds, and with the consent of the board 1900
may provide for the dissemination of the results to the people of 1901
the state.1902

       Sec. 3345.062. If the partnership for continued learning, 1903
after consulting with the Ohio board of regents and the state 1904
board of education, does not complete and submit recommendations 1905
for legislative changes for the operation of the post-secondary 1906
enrollment options program, as required by division (B) of section 1907
3301.42 of the Revised Code as it existed prior to the effective 1908
date of this amendment, by the deadline prescribed in that 1909
division, eachEach state university, as defined in section 1910
3345.011 of the Revised Code, shall offer via the internet or 1911
interactive distance learning at least two college level courses, 1912
one each in science and mathematics, by which high school students 1913
may earn both high school and college credit. During such course, 1914
the university may include a single presentation, of not more than 1915
two minutes in length, that describes its other programs and 1916
courses. The university may assess a fee for the course required 1917
under this section of not more than one-tenth of the amount per 1918
credit hour normally assessed by the university for an 1919
undergraduate course at its main campus.1920

       Sec. 3701.025. (A) There is hereby created the medically 1921
handicapped children's medical advisory council consisting of 1922
twenty-one members to be appointed by the director of health for 1923
terms set in accordance with rules adopted by the public health 1924
council under division (A)(11) of section 3701.021 of the Revised 1925
Code. The medically handicapped children's medical advisory 1926
council shall advise the director regarding the administration of 1927
the program for medically handicapped children, the suitable 1928
quality of medical practice for providers, and the requirements 1929
for medical eligibility for the program.1930

       All members of the council shall be licensed physicians, 1931
surgeons, dentists, and other professionals in the field of 1932
medicine, representative of the various disciplines involved in 1933
the treatment of children with medically handicapping conditions, 1934
and representative of the treatment facilities involved, such as 1935
hospitals, private and public health clinics, and private 1936
physicians' offices, and shall be eligible for the program.1937

       Members of the council shall receive no compensation, but 1938
shall receive their actual and necessary travel expenses incurred 1939
in the performance of their official duties in accordance with the 1940
rules of the office of budget and management.1941

       (B) The director of health may appoint a maternal and child 1942
health council to represent the views of service providers, other 1943
interest groups, consumers, and various geographic areas of the 1944
state. The maternal and child health council shall advise the 1945
department of health on matters pertaining to maternal and child 1946
health and, in particular, the "Maternal and Child Health Block 1947
Grant," Title V of the "Social Security Act," 95 Stat. 818, (1981) 1948
42 U.S.C.A. 701, as amended. Members of the council shall receive 1949
no compensation, but shall receive their actual and necessary 1950
travel expenses incurred in the performance of their official 1951
duties in accordance with the rules of the office of budget and 1952
management.1953

       Sec. 3701.63. (A) As used in this section and section 3701.64 1954
of the Revised Code:1955

        (1) "Child day-care center," "type A family day-care home," 1956
and "certified type B family day-care home" have the same meanings 1957
as in section 5104.01 of the Revised Code.1958

       (2) "Child care facility" means a child day-care center, a 1959
type A family day-care home, or a certified type B family day-care 1960
home.1961

        (3) "Freestanding birthing center" has the same meaning as in 1962
section 3702.51 of the Revised Code.1963

       (4) "Hospital" means a hospital classified pursuant to rules 1964
adopted under section 3701.07 of the Revised Code as a general 1965
hospital or children's hospital.1966

        (5) "Maternity unit" means any unit or place in a hospital 1967
where women are regularly received and provided care during all or 1968
part of the maternity cycle, except that "maternity unit" does not 1969
include an emergency department or similar place dedicated to 1970
providing emergency health care.1971

       (6) "Parent" means either parent, unless the parents are 1972
separated or divorced or their marriage has been dissolved or 1973
annulled, in which case "parent" means the parent who is the 1974
residential parent and legal custodian of the child. "Parent" also 1975
means a prospective adoptive parent with whom a child is placed.1976

       (7) "Shaken Baby Syndrome" means signs and symptoms, 1977
including, but not limited to, retinal hemorrhages in one or both 1978
eyes, subdural hematoma, or brain swelling, resulting from the 1979
violent shaking or the shaking and impacting of the head of an 1980
infant or small child.1981

        (B) The director of health shall establish the shaken baby 1982
syndrome education program by doing all of the following:1983

       (1) By not later than one year after the effective date of 1984
this sectionFebruary 29, 2008, with the advice of the work group 1985
appointed under division (D) of this section, developing 1986
educational materials that present readily comprehendible 1987
information on shaken baby syndrome;1988

        (2) Making available on the department of health web site in 1989
an easily accessible format the educational materials developed 1990
under division (B)(1) of this section;1991

        (3) Beginning in 2009, annually assessing the effectiveness 1992
of the shaken baby syndrome education program by evaluating the 1993
reports received pursuant to section 5101.135 of the Revised Code.1994

       (C) In meeting the requirements under division (B) of this 1995
section, the director shall not develop educational materials that 1996
will impose an administrative or financial burden on any of the 1997
entities or persons listed in section 3701.64 of the Revised Code.1998

       (D) The director of health shall appoint and convene a work 1999
group to advise the director on the shaken baby syndrome 2000
educational materials the director is required to develop under 2001
division (B) of this section. The work group shall include at 2002
least one representative of each of the following:2003

       (1) Child abuse prevention advocates;2004

       (2) The staff of the "help me grow" program established 2005
pursuant to section 3701.61 of the Revised Code;2006

       (3) Experts in the field of infant care, particularly in the 2007
area of infant calming methods;2008

        (4) Maternity unit directors;2009

       (5) Parenting skills educators;2010

        (6) Child care facilities.2011

        The work group may also include, at the director's 2012
discretion, representatives of other professions whose members 2013
have practical experience regarding shaken baby syndrome and 2014
representatives of citizens' organizations whose members are 2015
knowledgeable about shaken baby syndrome. 2016

       Sec. 3702.79.  The director of health, in accordance with 2017
Chapter 119. of the Revised Code, shall adopt rules as necessary 2018
to implement and administer sections 3702.71 to 3702.78 of the 2019
Revised Code. In preparing rules, the director shall consult with 2020
the physicianmedical loan repayment advisory board.2021

       Sec. 3702.80.  The physicianmedical loan repayment advisory 2022
board, annually on or before the first day of March, shall submit 2023
a report to the governor and general assembly describing the 2024
operations of the physician loan repayment program during the 2025
previous calendar year. The report shall include information about 2026
all of the following:2027

       (A) The number of requests received by the director of health 2028
that a particular area be designated as a health resource shortage 2029
area;2030

       (B) The areas that have been designated as health resource 2031
shortage areas and the priorities that have been assigned to them;2032

       (C) The number of applicants for participation in the 2033
physician loan repayment program;2034

       (D) The number and primary care specialties of physicians 2035
assigned to health resource shortage areas and the payments made 2036
on behalf of these physicians under the physician loan repayment 2037
program;2038

       (E) The health resource shortage areas that have not been 2039
matched with all of the primary care physicians they respectively 2040
need;2041

       (F) The number of primary care physicians failing to complete 2042
their service obligations, the amount of damages owed, and the 2043
amount of damages collected.2044

       Sec. 3702.81.  There is hereby created the physicianmedical2045
loan repayment advisory board. The board shall consist of ten2046
fourteen members as follows:2047

       (A) The following five members appointed by the governor: a 2048
representative of the Ohio academy of family practice, a 2049
representative of the board of regents, a representative of the 2050
Ohio association of community health centers, a representative of 2051
the Ohio state medical association, and a representative of the 2052
Ohio osteopathic association;2053

       (B) Two members of the house of representatives, one from 2054
each political party, appointed by the speaker of the house of 2055
representatives;2056

       (C) Two members of the senate, one from each political party, 2057
appointed by the president of the senate.2058

       (D) The director of health or an employee of the department 2059
of health designated by the director.2060

       Of the initial appointments made by the governor, three shall 2061
be for terms ending June 30, 1994, and four shall be for terms 2062
ending June 30, 1995. Of the initial appointments made by the 2063
speaker of the house of representatives, one shall be for a term 2064
ending June 30, 1994, and one shall be for a term ending June 30, 2065
1995. Of the initial appointments made by the president of the 2066
senate, one shall be for a term ending June 30, 1994, and one 2067
shall be for a term ending June 30, 1995. Thereafter, terms(E) 2068
Four representatives of the dental profession, appointed by the 2069
governor from persons nominated by the Ohio dental association.2070

       Terms of office shall be two years, commencing on the first 2071
day of July and ending on the thirtieth day of June. Each member 2072
shall hold office from the date of appointment until the end of 2073
the term for which the member was appointed, except that a 2074
legislative member ceases to be a member of the board upon ceasing 2075
to be a member of the general assembly.2076

       Vacancies shall be filled in the manner prescribed for the 2077
original appointment. A member appointed to fill a vacancy 2078
occurring prior to the expiration of the term for which the 2079
member's predecessor was appointed shall hold office for the 2080
remainder of that term. A member shall continue in office 2081
subsequent to the expiration of the member's term until a 2082
successor takes office or until sixty days have elapsed, whichever 2083
occurs first. No person shall be appointed to the board for more 2084
than two consecutive terms.2085

       The governor, speaker, president, or director may remove a 2086
member for whom the governor, speaker, president, or director was 2087
the appointing authority, for misfeasance, malfeasance, or willful 2088
neglect of duty.2089

       The board shall designate a member to serve as chairperson of 2090
the board.2091

       The board shall meet at least once annually. The chairperson 2092
shall call special meetings as needed or upon the request of six2093
eight members.2094

       SixEight members of the board constitute a quorum to 2095
transact and vote on all business coming before the board.2096

       Members of the board shall serve without compensation.2097

       The department of health shall provide the board with staff 2098
assistance as requested by the board.2099

       Sec. 3702.85.  There is hereby created the dentist loan 2100
repayment program, which shall be administered by the department 2101
of health in cooperation with the dentistmedical loan repayment 2102
advisory board. The program shall provide loan repayment on behalf 2103
of individuals who agree to provide dental services in areas 2104
designated as dental health resource shortage areas by the 2105
director of health pursuant to section 3702.87 of the Revised 2106
Code.2107

       Under the program, the department of health, by means of a 2108
contract entered into under section 3702.91 of the Revised Code, 2109
may agree to repay all or part of the principal and interest of a 2110
government or other educational loan taken by an individual for 2111
the following expenses incurred while the individual was enrolled 2112
in an accredited dental college or a dental college located 2113
outside of the United States that meets the standards of section 2114
4715.11 of the Revised Code:2115

       (A) Tuition;2116

       (B) Other educational expenses, such as fees, books, and 2117
laboratory expenses that are for purposes and in amounts 2118
determined reasonable by the director of health;2119

       (C) Room and board, in an amount determined reasonable by the 2120
director of health.2121

       Sec. 3702.86.  The director of health, in accordance with 2122
Chapter 119. of the Revised Code, shall adopt rules as necessary 2123
to implement and administer sections 3702.85 to 3702.95 of the 2124
Revised Code. In preparing rules, the director shall consult with 2125
the dentistmedical loan repayment advisory board.2126

       Sec. 3702.93. The dentistmedical loan repayment advisory 2127
board shall determine the amounts that will be paid as loan 2128
repayments on behalf of participants in the dentist loan repayment 2129
program. In the first and second years, no repayment shall exceed 2130
twenty-five thousand dollars in each year. In the third and fourth 2131
years, no repayment shall exceed thirty-five thousand dollars in 2132
each year. If, however, a repayment results in an increase in the 2133
participant's federal, state, or local income tax liability, the 2134
department of health, at the participant's request and with the 2135
approval of the director of health, may reimburse the participant 2136
for the increased tax liability, regardless of the amount of the 2137
repayment in that year. 2138

       Sec. 3702.94.  The dentistmedical loan repayment advisory 2139
board, annually on or before the first day of March, shall submit 2140
a report to the governor and general assembly describing the 2141
operations of the dentist loan repayment program during the 2142
previous calendar year. The report shall include information about 2143
all of the following:2144

       (A) The number of requests received by the director of health 2145
that a particular area be designated as a dental health resource 2146
shortage area;2147

       (B) The areas that have been designated as dental health 2148
resource shortage areas and the priorities that have been assigned 2149
to them;2150

       (C) The number of applicants for participation in the dentist 2151
loan repayment program;2152

       (D) The number of dentists assigned to dental health resource 2153
shortage areas and the payments made on behalf of those dentists 2154
under the dentist loan repayment program;2155

       (E) The dental health resource shortage areas that have not 2156
been matched with all of the dentists they need;2157

       (F) The number of dentists failing to complete their service 2158
obligations, the amount of damages owed, and the amount of damages 2159
collected.2160

       Sec. 3705.35.  Not later than one hundred eighty days after 2161
the effective date of this sectionOctober 5, 2000, the director 2162
of health shall, in consultation with the council created under 2163
section 3705.34 of the Revised Code, adopt rules in accordance 2164
with Chapter 119. of the Revised Code to do all of the following:2165

       (A) Implement the birth defects information system;2166

       (B) Specify the types of congenital anomalies and abnormal 2167
conditions of newborns to be reported to the system under section 2168
3705.30 of the Revised Code;2169

       (C) Establish reporting requirements for information 2170
concerning diagnosed congenital anomalies and abnormal conditions 2171
of newborns;2172

       (D) Establish standards that must be met by persons or 2173
government entities that seek access to the system;2174

       (E) Establish a form for use by parents or legal guardians 2175
who seek to have information regarding their children removed from 2176
the system and a method of distributing the form to local health 2177
departments, as defined in section 3705.33 of the Revised Code, 2178
and to physicians. The method of distribution must include making 2179
the form available on the internet.2180

       Sec. 3705.36.  Three years after the date a birth defects 2181
information system is implemented pursuant to section 3705.30 of 2182
the Revised Code, and annually thereafter, the department of 2183
health shall prepare a report regarding the birth defects 2184
information system. The council created under section 3705.34 of 2185
the Revised Code shall, not later than two years after the date a 2186
birth defects information system is implemented, specify the 2187
information the department is to include in each report. The 2188
department shall file the report with the governor, the president 2189
and minority leader of the senate, the speaker and minority leader 2190
of the house of representatives, the departments of developmental 2191
disabilities, education, and job and family services, the 2192
commission on minority health, and the news media.2193

       Sec. 3718.03. (A) There is hereby created the sewage 2194
treatment system technical advisory committee consisting of the 2195
director of health or the director's designee and ten members who 2196
are knowledgeable about sewage treatment systems and technologies. 2197
Of the ten members, four shall be appointed by the governor, three 2198
shall be appointed by the president of the senate, and three shall 2199
be appointed by the speaker of the house of representatives.2200

       (1) Of the members appointed by the governor, one shall 2201
represent academia, one shall be a representative of the public 2202
who is not employed by the state or any of its political 2203
subdivisions and who does not have a pecuniary interest in 2204
household sewage treatment systems, one shall be an engineer from 2205
the environmental protection agency, and one shall be selected 2206
from among soil scientists in the division of soil and water 2207
resources in the department of natural resources.2208

       (2) Of the members appointed by the president of the senate, 2209
one shall be a health commissioner who is a member of and 2210
recommended by the association of Ohio health commissioners, one 2211
shall represent the interests of manufacturers of household sewage 2212
treatment systems, and one shall represent installers and service 2213
providers.2214

       (3) Of the members appointed by the speaker of the house of 2215
representatives, one shall be a health commissioner who is a 2216
member of and recommended by the association of Ohio health 2217
commissioners, one shall represent the interests of manufacturers 2218
of household sewage treatment systems, and one shall be a 2219
sanitarian who is registered under Chapter 4736. of the Revised 2220
Code and who is a member of the Ohio environmental health 2221
association.2222

       (B) Terms of members appointed to the committee shall be for 2223
three years, with each term ending on the same day of the same 2224
month as did the term that it succeeds. Each member shall serve 2225
from the date of appointment until the end of the term for which 2226
the member was appointed.2227

       Members may be reappointed. Vacancies shall be filled in the 2228
same manner as provided for original appointments. Any member 2229
appointed to fill a vacancy occurring prior to the expiration date 2230
of the term for which the member was appointed shall hold office 2231
for the remainder of that term. A member shall continue to serve 2232
after the expiration date of the member's term until the member's 2233
successor is appointed or until a period of sixty days has 2234
elapsed, whichever occurs first. The applicable appointing 2235
authority may remove a member from the committee for failure to 2236
attend two consecutive meetings without showing good cause for the 2237
absences.2238

       (C) The technical advisory committee annually shall select 2239
from among its members a chairperson and a vice-chairperson and a 2240
secretary to keep a record of its proceedings. A majority vote of 2241
the members of the full committee is necessary to take action on 2242
any matter. The committee may adopt bylaws governing its 2243
operation, including bylaws that establish the frequency of 2244
meetings.2245

        (D) Serving as a member of the sewage treatment system 2246
technical advisory committee does not constitute holding a public 2247
office or position of employment under the laws of this state and 2248
does not constitute grounds for removal of public officers or 2249
employees from their offices or positions of employment. Members 2250
of the committee shall serve without compensation for attending 2251
committee meetings.2252

        (E) A member of the committee shall not have a conflict of 2253
interest with the position. For the purposes of this division, 2254
"conflict of interest" means the taking of any action that 2255
violates any provision of Chapter 102. or 2921. of the Revised 2256
Code.2257

        (F) The sewage treatment system technical advisory committee 2258
shall do all of the following:2259

        (1) Develop with the department of health standards and 2260
guidelines for approving or disapproving a sewage treatment system 2261
or components of a system under section 3718.04 of the Revised 2262
Code;2263

        (2) Develop with the department an application form to be 2264
submitted to the director by an applicant for approval or 2265
disapproval of a sewage treatment system or components of a system 2266
and specify the information that must be included with an 2267
application form;2268

        (3) Advise the director on the approval or disapproval of an 2269
application sent to the director under section 3718.04 of the 2270
Revised Code requesting approval of a sewage treatment system or 2271
components of a system;2272

       (4) Pursue and recruit in an active manner the research, 2273
development, introduction, and timely approval of innovative and 2274
cost-effective household sewage treatment systems and components 2275
of a system for use in this state, which shall include conducting 2276
pilot projects to assess the effectiveness of a system or 2277
components of a system;2278

       (5) By January 1, 2008, provide the household sewage and 2279
small flow on-site sewage treatment system study commission 2280
created by Am. Sub. H.B. 119 of the 127th general assembly with a 2281
list of available alternative systems and the estimated cost of 2282
each system.2283

        (G) The chairperson of the committee shall prepare and submit 2284
an annual report concerning the activities of the committee to the 2285
general assembly not later than ninety days after the end of the 2286
calendar year. The report shall discuss the number of applications 2287
submitted under section 3718.04 of the Revised Code for the 2288
approval of a new sewage treatment system or a component of a 2289
system, the number of such systems and components that were 2290
approved, any information that the committee considers beneficial 2291
to the general assembly, and any other information that the 2292
chairperson determines is beneficial to the general assembly. If 2293
other members of the committee determine that certain information 2294
should be included in the report, they shall submit the 2295
information to the chairperson not later than thirty days after 2296
the end of the calendar year.2297

       (H) The department shall provide meeting space for the 2298
committee. The committee shall be assisted in its duties by the 2299
staff of the department.2300

        (I) Sections 101.82 to 101.87 of the Revised Code do not 2301
apply to the sewage treatment system technical advisory committee.2302

       Sec. 3727.312.  The hospital measures advisory council shall 2303
do all of the following:2304

       (A) Study the issue of hospitals reporting information 2305
regarding their performance in meeting measures for hospital 2306
inpatient and outpatient services, including how such reports are 2307
made in other states;2308

       (B) Work with health care consumers, nurses, and experts in 2309
infection control to study infection issues as needed for the 2310
council to perform its duties;2311

       (C) Not later than one year after the date the last of the 2312
initial council members is appointed, issue a report to the 2313
director of health with recommendations for all of the following:2314

       (1) Collecting, pursuant to section 3727.33 of the Revised 2315
Code, information from hospitals that shows their performance in 2316
meeting measures for hospital inpatient and outpatient services;2317

       (2) The audits conducted pursuant to section 3727.331 of the 2318
Revised Code;2319

       (3) Disseminating information about the performance of 2320
hospitals in meeting the measures, including effective methods of 2321
displaying information on any internet web site established under 2322
section 3727.39 of the Revised Code;2323

       (4) Explaining to the public how to use the information about 2324
the performance of hospitals in meeting the measures, including 2325
explanations about the limitations of the information;2326

       (5) How to provide for any internet web site established 2327
under section 3727.39 of the Revised Code to include a report on 2328
each hospital's overall performance in meeting the measures 2329
specified in rules adopted under section 3727.41 of the Revised 2330
Code.2331

       (D) Develop, on an ongoing basis, with input from hospitals 2332
and experts in pediatric medicine, recommendations regarding 2333
measures for hospital inpatient and outpatient services and submit 2334
the recommendations to the director for the director's 2335
consideration when the director adopts rules under section 3727.41 2336
of the Revised Code specifying the measures to be used by 2337
hospitals in submitting information to the director under section 2338
3727.33 of the Revised Code.2339

       (C)(E) Provide the director of health ongoing advice on all 2340
of the following:2341

       (1) The issue of hospitals reporting information regarding 2342
their performance in meeting measures for hospital inpatient and 2343
outpatient services;2344

       (2) Disseminating the information reported by hospitals;2345

       (3) Making improvements to the reports and dissemination of 2346
information;2347

       (4) Making changes to the information collection requirements 2348
and dissemination methods.2349

       (D) Convene a group of health care consumers, nurses, and 2350
experts in infection control, the members of which shall be 2351
appointed by the council according to a method selected by the 2352
council, to provide information about infection issues to the 2353
council as needed for the council to perform its duties.2354

       (F) Submit to the director guidelines to be used to determine 2355
whether a hospital's performance in meeting a particular measure 2356
should be excluded from any web site established under section 2357
3727.39 of the Revised Code because the hospital's caseload for 2358
the diagnosis or procedure that the measure concerns is 2359
insufficient to make the hospital's performance a reliable 2360
indicator of its ability to treat the diagnosis or perform the 2361
procedure in a quality manner.2362

       Sec. 3727.313.  All of the following apply to members of the 2363
hospital measures advisory council and the members of the group 2364
convened by the council under division (D) of section 3727.312 of 2365
the Revised Code:2366

       (A) The members shall serve at the pleasure of their 2367
appointing authority.2368

       (B) The members shall serve without remuneration, except to 2369
the extent that serving on the council or in the group is 2370
considered a part of their regular employment duties.2371

       (C) The members shall not be reimbursed for expenses incurred 2372
in the performance of their duties on the council or in the group.2373

       Sec. 3727.321. (A) The group of experts convened under 2374
section 3727.32 of the Revised Codehospital measures advisory 2375
council may include in the recommendations developed under 2376
division (A)(1)(C) of that section recommendations3727.312 of the 2377
Revised Code that the director of health's rules adopted under 2378
section 3727.41 of the Revised Code include some or all of the 2379
following measures:2380

       (1) Hospital quality measures publicly reported by the 2381
centers for medicare and medicaid services;2382

       (2) Hospital quality measures publicly reported by the joint 2383
commission;2384

       (3) Measures included in the patient safety indicators and 2385
inpatient quality indicators developed by the agency for health 2386
care research and quality;2387

        (4) Measures included in the national voluntary consensus 2388
standards for hospital care endorsed by the national quality 2389
forum.2390

       (B) In considering whether to recommend that the director 2391
include a particular measure in the rules, the group of experts2392
hospital measures advisory council shall consider whether there 2393
are any excessive administrative or financial implications 2394
associated with the reporting of information by hospitals 2395
regarding their performance in meeting the measure.2396

       Sec. 3727.39.  (A) The duties of the director of health under 2397
this section are subject to section 3727.391 of the Revised Code.2398

       (B) Not later than ninety days after a hospital submits 2399
information to the director of health under section 3727.33 or 2400
3727.34 of the Revised Code, the director shall make the submitted 2401
information available on an internet web site. In making the 2402
information available on a web site, the director shall do all of 2403
the following:2404

       (1) Make the web site available to the public without charge;2405

       (2) Provide for the web site to be organized in a manner that 2406
enables the public to use it easily;2407

       (3) Exclude from the web site any information that 2408
compromises patient privacy;2409

       (4) Include links to hospital internet web sites to enable 2410
the public to obtain additional information about hospitals, 2411
including hospital programs designed to enhance quality and 2412
safety;2413

       (5) Allow other internet web sites to link to the web site 2414
for purposes of increasing the web site's availability and 2415
encouraging ongoing improvement;2416

       (6) Update the web site as needed to include new information 2417
and to correct errors.2418

       (C) The information submitted under section 3727.33 of the 2419
Revised Code shall be presented on the web site in a manner that 2420
enables the public to compare the performance of hospitals in 2421
meeting the measures for hospital inpatient and outpatient 2422
services specified in rules adopted under section 3727.41 of the 2423
Revised Code. In making the information available on a web site, 2424
the director shall do all of the following:2425

       (1) Enable the public to compare the performance of hospitals 2426
in meeting the measures for specific diagnoses and procedures;2427

       (2) Enable the public to make the comparisons by different 2428
geographic regions, such as by county or zip code;2429

       (3) Based on the report issued to the director pursuant to 2430
division (A)(2)(C)(5) of section 3727.323727.312 of the Revised 2431
Code, include a report of each hospital's overall performance in 2432
meeting the measures;2433

       (4) To the extent possible, include state and federal 2434
benchmarks for the measures;2435

       (5) Include contextual information and explanations that the 2436
public can easily understand, including contextual information 2437
that explains why differences in the performance of hospitals in 2438
meeting the measures may be misleading;2439

       (6) Exclude from the web site a hospital's performance in 2440
meeting a particular measure if the hospital's caseload for the 2441
diagnosis or procedure that the measure concerns is insufficient, 2442
as determined in accordance with the guidelines submitted to the 2443
director under division (A)(3)(F) of section 3727.323727.312 of 2444
the Revised Code, to make the hospital's performance for the 2445
diagnosis or procedure a reliable indicator of its ability to 2446
treat the diagnosis or provide the procedure in a quality manner;2447

       (7) Clearly identify the sources of information used in the 2448
web site and explain both of the following:2449

       (a) The analytical methods used in determining the 2450
performance of hospitals in meeting the measures;2451

        (b) The risk adjustment methodologies that hospitals use to 2452
adjust information submitted to the director pursuant to division 2453
(C) of section 3727.33 of the Revised Code.2454

       Sec. 3727.41. (A)(1) The director of health shall adopt rules 2455
governing hospitals in their submission of information to the 2456
director under sections 3727.33 and 3727.34 of the Revised Code. 2457
The rules shall be adopted in accordance with Chapter 119. of the 2458
Revised Code.2459

       (2) Rules adopted by the director under division (A)(1) of 2460
this section shall not require either of the following:2461

        (a) A hospital to submit information regarding a performance, 2462
quality, or service measure for which the hospital does not 2463
provide the service;2464

       (b) A children's hospital to report a performance, quality, 2465
or service measure for patients eighteen years of age or older.2466

       (B)(1) The rules for submission of information under section 2467
3727.33 of the Revised Code shall include rules specifying the 2468
inpatient and outpatient service measures to be used by hospitals 2469
in submitting the information. The rules may include any of the 2470
measures recommended by the group of experts convened under 2471
section 3727.32 of the Revised Codehospital measures advisory 2472
council and shall include measures from the following:2473

       (a) Hospital quality measures publicly reported by the 2474
centers for medicare and medicaid services;2475

       (b) Hospital quality measures publicly reported by the joint 2476
commission;2477

       (c) Measures that examine volume of cases, adjusted length of 2478
stay, complications, infections, or mortality rates and are 2479
developed by the agency for health care research and quality;2480

       (d) Measures included in the national voluntary consensus 2481
standards for hospital care endorsed by the national quality 2482
forum.2483

       (2) In adopting rules specifying the measures to be used by 2484
hospitals in submitting the information, the director shall 2485
consider both of the following:2486

       (a) Whether hospitals have a sufficient caseload to make a 2487
particular measure a reliable indicator of their ability to treat 2488
a diagnosis or perform a procedure in a quality manner;2489

       (b) Whether there are any excessive administrative or 2490
financial implications associated with the reporting of 2491
information by hospitals regarding their performance in meeting a 2492
particular measure.2493

       Sec. 3743.54.  (A) A licensed exhibitor of fireworks may 2494
acquire fireworks for use at a public fireworks exhibition only 2495
from a licensed manufacturer of fireworks or licensed wholesaler 2496
of fireworks, and only in accordance with the procedures specified 2497
in this section and section 3743.55 of the Revised Code. 2498

       (B)(1) A licensed exhibitor of fireworks who wishes to 2499
conduct a public fireworks exhibition shall apply for approval to 2500
conduct the exhibition to whichever of the following persons is 2501
appropriate under the circumstances:2502

       (a) Unless division (B)(1)(c) or (d) of this section applies, 2503
if the exhibition will take place in a municipal corporation, the 2504
approval shall be obtained from the fire chief, and from the 2505
police chief or other similar chief law enforcement officer, or 2506
the designee of the police chief or similar chief law enforcement 2507
officer, of the particular municipal corporation.2508

       (b) Unless division (B)(1)(c) or (d) of this section applies, 2509
if the exhibition will take place in an unincorporated area, the 2510
approval shall be obtained from the fire chief of the particular 2511
township or township fire district, and from the police chief or 2512
other similar chief law enforcement officer, or the designee of 2513
the police chief or similar chief law enforcement officer, of the 2514
particular township or township police district.2515

       (c) If fire protection services for the premises on which the 2516
exhibition will take place are provided in accordance with a 2517
contract between political subdivisions, the approval shall be 2518
obtained from the fire chief of the political subdivision 2519
providing the fire protection services and from the police chief 2520
or other similar chief law enforcement officer, or the designee of 2521
the police chief or similar chief law enforcement officer, of the 2522
political subdivision in which the premises on which the 2523
exhibition will take place are located. If police services for the 2524
premises on which the exhibition will take place are provided in 2525
accordance with a contract between political subdivisions, the 2526
approval shall be obtained from the police chief or other similar 2527
chief law enforcement officer, or the designee of the police chief 2528
or similar chief law enforcement officer, of the political 2529
subdivision providing the police services and from the fire chief 2530
of the political subdivision in which the premises on which the 2531
exhibition will take place are located. If both fire and police 2532
protection services for the premises on which the exhibition will 2533
take place are provided in accordance with a contract between 2534
political subdivisions, the approval shall be obtained from the 2535
fire chief, and from the police chief or other similar chief law 2536
enforcement officer, or the designee of the police chief or 2537
similar chief law enforcement officer, of the political 2538
subdivisions providing the police and fire protection services.2539

       (d) If there is no municipal corporation, township, or 2540
township fire district fire department, no municipal corporation, 2541
township, or township police district police department, and no 2542
contract for police or fire protection services between political 2543
subdivisions covering the premises on which the exhibition will 2544
take place, the approval shall be obtained from the fire 2545
prevention officer, and from the police chief or other similar 2546
chief law enforcement officer, or the designee of the police chief 2547
or other similar chief law enforcement officer, having 2548
jurisdiction over the premises.2549

       (2) The approval required by division (B)(1) of this section 2550
shall be evidenced by the fire chief or fire prevention officer 2551
and by the police chief or other similar chief law enforcement 2552
officer, or the designee of the police chief or other similar 2553
chief law enforcement officer, signing a permit for the 2554
exhibition. The fire marshal shall prescribe the form of 2555
exhibition permits and distribute copies of the form to fire 2556
chiefs, to fire prevention officers, and to police chiefs or other 2557
similar chief law enforcement officers of municipal corporations, 2558
townships, or township police districts, or their designees, in 2559
this state. Any exhibitor of fireworks who wishes to conduct a 2560
public fireworks exhibition may obtain a copy of the form from the 2561
fire marshal or, if it is available, from a fire chief, a fire 2562
prevention officer, a police chief or other similar chief law 2563
enforcement officer of a municipal corporation, township, or 2564
township police district, or a designee of such a police chief or 2565
other similar chief law enforcement officer.2566

       (C) Before a permit is signed and issued to a licensed 2567
exhibitor of fireworks, the fire chief or fire prevention officer, 2568
in consultation with the police chief or other similar chief law 2569
enforcement officer or with the designee of the police chief or 2570
other similar chief law enforcement officer, shall inspect the 2571
premises on which the exhibition will take place and shall 2572
determine that, in fact, the applicant for the permit is a 2573
licensed exhibitor of fireworks. Each applicant shall show the 2574
applicant's license as an exhibitor of fireworks to the fire chief 2575
or fire prevention officer.2576

       The fire chief or fire prevention officer, and the police 2577
chief or other similar chief law enforcement officer, or the 2578
designee of the police chief or other similar chief law 2579
enforcement officer, shall give approval to conduct a public 2580
fireworks exhibition only if satisfied, based on the inspection, 2581
that the premises on which the exhibition will be conducted allow 2582
the exhibitor to comply with the rules adopted by the fire marshal 2583
pursuant to divisions (B) and (E) of section 3743.53 of the 2584
Revised Code and that the applicant is, in fact, a licensed 2585
exhibitor of fireworks. The fire chief or fire prevention officer, 2586
in consultation with the police chief or other similar chief law 2587
enforcement officer or with the designee of the police chief or 2588
other similar chief law enforcement officer, may inspect the 2589
premises immediately prior to the exhibition to determine if the 2590
exhibitor has complied with the rules, and may revoke a permit for 2591
noncompliance with the rules.2592

       (D) If the legislative authorities of their political 2593
subdivisions have prescribed a fee for the issuance of a permit 2594
for a public fireworks exhibition, fire chiefs or fire prevention 2595
officers, and police chiefs, other similar chief law enforcement 2596
officers, or their designee, shall not issue a permit until the 2597
exhibitor pays the requisite fee.2598

       Each exhibitor shall provide an indemnity bond in the amount 2599
of at least one million dollars, with surety satisfactory to the 2600
fire chief or fire prevention officer and to the police chief or 2601
other similar chief law enforcement officer, or the designee of 2602
the police chief or other similar chief law enforcement officer, 2603
conditioned for the payment of all final judgments that may be 2604
rendered against the exhibitor on account of injury, death, or 2605
loss to persons or property emanating from the fireworks 2606
exhibition, or proof of insurance coverage of at least one million 2607
dollars for liability arising from injury, death, or loss to 2608
persons or property emanating from the fireworks exhibition. The 2609
legislative authority of a political subdivision in which a public 2610
fireworks exhibition will take place may require the exhibitor to 2611
provide an indemnity bond or proof of insurance coverage in 2612
amounts greater than those required by this division. Fire chiefs 2613
or fire prevention officers, and police chiefs, other similar 2614
chief law enforcement officers, or their designee, shall not issue 2615
a permit until the exhibitor provides the bond or proof of the 2616
insurance coverage required by this division or by the political 2617
subdivision in which the fireworks exhibition will take place.2618

       (E)(1) Each permit for a fireworks exhibition issued by a 2619
fire chief or fire prevention officer, and by the police chief or 2620
other similar chief law enforcement officer, or the designee of 2621
the police chief or other similar chief law enforcement officer, 2622
shall contain a distinct number, designate the municipal 2623
corporation, township, or township fire or police district of the 2624
fire chief, fire prevention officer, police chief or other similar 2625
chief law enforcement officer, or designee of the police chief or 2626
other similar chief law enforcement officer, and identify the 2627
certified fire safety inspector, fire chief, or fire prevention 2628
officer who will be present before, during, and after the 2629
exhibition, where appropriate. A copy of each permit issued shall 2630
be forwarded by the fire chief or fire prevention officer, and by 2631
the police chief or other similar chief law enforcement officer, 2632
or the designee of the police chief or other similar chief law 2633
enforcement officer, issuing it to the fire marshal, who shall 2634
keep a record of the permits received. A permit is not 2635
transferable or assignable.2636

       (2) Each fire chief, fire prevention officer, police chief or 2637
other similar chief law enforcement officer, and designee of a 2638
police chief or other similar chief law enforcement officer shall 2639
keep a record of issued permits for fireworks exhibitions. In this 2640
list, the fire chief, fire prevention officer, police chief or 2641
other similar chief law enforcement officer, and designee of a 2642
police chief or other similar chief law enforcement officer shall 2643
list the name of the exhibitor, the exhibitor's license number, 2644
the premises on which the exhibition will be conducted, the date 2645
and time of the exhibition, and the number and political 2646
subdivision designation of the permit issued to the exhibitor for 2647
the exhibition.2648

       (F) The governing authority having jurisdiction in the 2649
location where an exhibition is to take place shall require that a 2650
certified fire safety inspector, fire chief, or fire prevention 2651
officer be present before, during, and after the exhibition, and 2652
shall require the certified fire safety inspector, fire chief, or 2653
fire prevention officer to inspect the premises where the 2654
exhibition is to take place and determine whether the exhibition 2655
is in compliance with this chapter.2656

       (G) Notwithstanding any provision of the Revised Code to the 2657
contrary, the state fire marshal is hereby authorized to create 2658
additional license categories for fireworks exhibitors and to 2659
create additional permit requirements for fireworks exhibitions 2660
for the indoor use of fireworks and other uses of pyrotechnics, 2661
including the use of pyrotechnic materials that do not meet the 2662
definition of fireworks as described in section 3743.01 of the 2663
Revised Code. Such licenses and permits and the fees for such 2664
licenses and permits shall be described in rules adopted by the 2665
fire marshal under Chapter 119. of the Revised Code. Such rules 2666
may provide for different standards for exhibitor licensure and 2667
the permitting and conducting of a fireworks exhibition than the 2668
requirements of this chapter.2669

       Prior to the state fire marshal's adoption of the rules 2670
described in this division, the director of commerce shall appoint 2671
a committee consisting of the state fire marshal or the marshal's 2672
designee, three representatives of the fireworks industry, and 2673
three representatives of the fire service to assist the state fire 2674
marshal in adopting these rules. Unless an extension is granted by 2675
the director of commerce, the state fire marshal shall adopt 2676
initial rules under this section not later than July 1, 2010.2677

       Sec. 3746.04.  Within one year after September 28, 1994, the 2678
director of environmental protection, in accordance with Chapter 2679
119. of the Revised Code and with the advice of the 2680
multidisciplinary council appointed under section 3746.03 of the 2681
Revised Code, shall adopt, and subsequently may amend, suspend, or 2682
rescind, rules that do both of the following:2683

       (A) Revise the rules adopted under Chapters 3704., 3714., 2684
3734., 6109., and 6111. of the Revised Code to incorporate the 2685
provisions necessary to conform those rules to the requirements of 2686
this chapter. The amended rules adopted under this division also 2687
shall establish response times for all submittals to the 2688
environmental protection agency required under this chapter or 2689
rules adopted under it.2690

       (B) Establish requirements and procedures that are reasonably 2691
necessary for the implementation and administration of this 2692
chapter, including, without limitation, all of the following:2693

       (1) Appropriate generic numerical clean-up standards for the 2694
treatment or removal of soils, sediments, and water media for 2695
hazardous substances and petroleum. The rules shall establish 2696
separate generic numerical clean-up standards based upon the 2697
intended use of properties after the completion of voluntary 2698
actions, including industrial, commercial, and residential uses 2699
and such other categories of land use as the director considers to 2700
be appropriate. The generic numerical clean-up standards 2701
established for each category of land use shall be the 2702
concentration of each contaminant that may be present on a 2703
property that shall ensure protection of public health and safety 2704
and the environment for the reasonable exposure for that category 2705
of land use. When developing the standards, the director shall 2706
consider such factors as all of the following:2707

       (a) Scientific information, including, without limitation, 2708
toxicological information and realistic assumptions regarding 2709
human and environmental exposure to hazardous substances or 2710
petroleum;2711

       (b) Climatic factors;2712

       (c) Human activity patterns;2713

       (d) Current statistical techniques;2714

       (e) For petroleum at industrial property, alternatives to the 2715
use of total petroleum hydrocarbons.2716

       The generic numerical clean-up standards established in the 2717
rules adopted under division (B)(1) of this section shall be 2718
consistent with and equivalent in scope, content, and coverage to 2719
any applicable standard established by federal environmental laws 2720
and regulations adopted under them, including, without limitation, 2721
the "Federal Water Pollution Control Act Amendments of 1972," 86 2722
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource 2723
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 2724
6921, as amended; the "Toxic Substances Control Act," 90 Stat. 2725
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive 2726
Environmental Response, Compensation, and Liability Act of 1980," 2727
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe 2728
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as 2729
amended.2730

       In order for the rules adopted under division (B)(1) of this 2731
section to require that any such federal environmental standard 2732
apply to a property, the property shall meet the requirements of 2733
the particular federal statute or regulation involved in the 2734
manner specified by the statute or regulation.2735

       The generic numerical clean-up standards for petroleum at 2736
commercial or residential property shall be the standards 2737
established in rules adopted under division (B) of section 2738
3737.882 of the Revised Code.2739

       (2)(a) Procedures for performing property-specific risk 2740
assessments that would be performed at a property to demonstrate 2741
that the remedy evaluated in a risk assessment results in 2742
protection of public health and safety and the environment instead 2743
of complying with the generic numerical clean-up standards 2744
established in the rules adopted under division (B)(1) of this 2745
section. The risk assessment procedures shall describe a 2746
methodology to establish, on a property-specific basis, allowable 2747
levels of contamination to remain at a property to ensure 2748
protection of public health and safety and the environment on the 2749
property and off the property when the contamination is emanating 2750
off the property, taking into account all of the following:2751

       (i) The implementation of treatment, storage, or disposal, or 2752
a combination thereof, of hazardous substances or petroleum;2753

       (ii) The existence of institutional controls or activity and 2754
use limitations that eliminate or mitigate exposure to hazardous 2755
substances or petroleum through the restriction of access to 2756
hazardous substances or petroleum;2757

       (iii) The existence of engineering controls that eliminate or 2758
mitigate exposure to hazardous substances or petroleum through 2759
containment of, control of, or restrictions of access to hazardous 2760
substances or petroleum, including, without limitation, fences, 2761
cap systems, cover systems, and landscaping.2762

       (b) The risk assessment procedures and levels of acceptable 2763
risk set forth in the rules adopted under division (B)(2) of this 2764
section shall be based upon all of the following:2765

       (i) Scientific information, including, without limitation, 2766
toxicological information and actual or proposed human and 2767
environmental exposure;2768

       (ii) Locational and climatic factors;2769

       (iii) Surrounding land use and human activities;2770

       (iv) Differing levels of remediation that may be required 2771
when an existing land use is continued compared to when a 2772
different land use follows the remediation.2773

       (c) Any standards established pursuant to rules adopted under 2774
division (B)(2) of this section shall be no more stringent than 2775
standards established under the environmental statutes of this 2776
state and rules adopted under them for the same contaminant in the 2777
same environmental medium that are in effect at the time the risk 2778
assessment is conducted.2779

       (3) Minimum standards for phase I property assessments. The 2780
standards shall specify the information needed to demonstrate that 2781
there is no reason to believe that contamination exists on a 2782
property. The rules adopted under division (B)(3) of this section, 2783
at a minimum, shall require that a phase I property assessment 2784
include all of the following:2785

       (a) A review and analysis of deeds, mortgages, easements of 2786
record, and similar documents relating to the chain of title to 2787
the property that are publicly available or that are known to and 2788
reasonably available to the owner or operator;2789

       (b) A review and analysis of any previous environmental 2790
assessments, property assessments, environmental studies, or 2791
geologic studies of the property and any land within two thousand 2792
feet of the boundaries of the property that are publicly available 2793
or that are known to and reasonably available to the owner or 2794
operator;2795

       (c) A review of current and past environmental compliance 2796
histories of persons who owned or operated the property;2797

       (d) A review of aerial photographs of the property that 2798
indicate prior uses of the property;2799

       (e) Interviews with managers of activities conducted at the 2800
property who have knowledge of environmental conditions at the 2801
property;2802

       (f) Conducting an inspection of the property consisting of a 2803
walkover;2804

       (g) Identifying the current and past uses of the property, 2805
adjoining tracts of land, and the area surrounding the property, 2806
including, without limitation, interviews with persons who reside 2807
or have resided, or who are or were employed, within the area 2808
surrounding the property regarding the current and past uses of 2809
the property and adjacent tracts of land.2810

       The rules adopted under division (B)(3) of this section shall 2811
establish criteria to determine when a phase II property 2812
assessment shall be conducted when a phase I property assessment 2813
reveals facts that establish a reason to believe that hazardous 2814
substances or petroleum have been treated, stored, managed, or 2815
disposed of on the property if the person undertaking the phase I 2816
property assessment wishes to obtain a covenant not to sue under 2817
section 3746.12 of the Revised Code.2818

       (4) Minimum standards for phase II property assessments. The 2819
standards shall specify the information needed to demonstrate that 2820
any contamination present at the property does not exceed 2821
applicable standards or that the remedial activities conducted at 2822
the property have achieved compliance with applicable standards. 2823
The rules adopted under division (B)(4) of this section, at a 2824
minimum, shall require that a phase II property assessment include 2825
all of the following:2826

       (a) A review and analysis of all documentation prepared in 2827
connection with a phase I property assessment conducted within the 2828
one hundred eighty days before the phase II property assessment 2829
begins. The rules adopted under division (B)(4)(a) of this section 2830
shall require that if a period of more than one hundred eighty 2831
days has passed between the time that the phase I assessment of 2832
the property was completed and the phase II assessment begins, the 2833
phase II assessment shall include a reasonable inquiry into the 2834
change in the environmental condition of the property during the 2835
intervening period.2836

       (b) Quality assurance objectives for measurements taken in 2837
connection with a phase II assessment;2838

       (c) Sampling procedures to ensure the representative sampling 2839
of potentially contaminated environmental media;2840

       (d) Quality assurance and quality control requirements for 2841
samples collected in connection with phase II assessments;2842

       (e) Analytical and data assessment procedures;2843

       (f) Data objectives to ensure that samples collected in 2844
connection with phase II assessments are biased toward areas where 2845
information indicates that contamination by hazardous substances 2846
or petroleum is likely to exist.2847

       (5) Standards governing the conduct of certified 2848
professionals, criteria and procedures for the certification of 2849
professionals to issue no further action letters under section 2850
3746.11 of the Revised Code, and criteria for the suspension and 2851
revocation of those certifications. The director shall take an 2852
action regarding a certification as a final action. The issuance, 2853
denial, renewal, suspension, and revocation of those 2854
certifications are subject to Chapter 3745. of the Revised Code, 2855
except that, in lieu of publishing an action regarding a 2856
certification in a newspaper of general circulation as required in 2857
section 3745.07 of the Revised Code, such an action shall be 2858
published on the environmental protection agency's web site and in 2859
the agency's weekly review not later than fifteen days after the 2860
date of the issuance, denial, renewal, suspension, or revocation 2861
of the certification and not later than thirty days before a 2862
hearing or public meeting concerning the action.2863

       The rules adopted under division (B)(5) of this section shall 2864
do all of the following:2865

       (a) Provide for the certification of environmental 2866
professionals to issue no further action letters pertaining to 2867
investigations and remedies in accordance with the criteria and 2868
procedures set forth in the rules. The rules adopted under 2869
division (B)(5)(a) of this section shall do at least all of the 2870
following:2871

       (i) Authorize the director to consider such factors as an 2872
environmental professional's previous performance record regarding 2873
such investigations and remedies and the environmental 2874
professional's environmental compliance history when determining 2875
whether to certify the environmental professional;2876

       (ii) Ensure that an application for certification is reviewed 2877
in a timely manner;2878

       (iii) Require the director to certify any environmental 2879
professional who the director determines complies with those 2880
criteria;2881

       (iv) Require the director to deny certification for any 2882
environmental professional who does not comply with those 2883
criteria.2884

       (b) Establish an annual fee to be paid by environmental 2885
professionals certified pursuant to the rules adopted under 2886
division (B)(5)(a) of this section. The fee shall be established 2887
at an amount calculated to defray the costs to the agency for the 2888
required reviews of the qualifications of environmental 2889
professionals for certification and for the issuance of the 2890
certifications.2891

       (c) Develop a schedule for and establish requirements 2892
governing the review by the director of the credentials of 2893
environmental professionals who were deemed to be certified 2894
professionals under division (D) of section 3746.07 of the Revised 2895
Code in order to determine if they comply with the criteria 2896
established in rules adopted under division (B)(5) of this 2897
section. The rules adopted under division (B)(5)(c) of this 2898
section shall do at least all of the following:2899

       (i) Ensure that the review is conducted in a timely fashion;2900

       (ii) Require the director to certify any such environmental 2901
professional who the director determines complies with those 2902
criteria;2903

       (iii) Require any such environmental professional initially 2904
to pay the fee established in the rules adopted under division 2905
(B)(5)(b) of this section at the time that the environmental 2906
professional is so certified by the director;2907

       (iv) Establish a time period within which any such 2908
environmental professional who does not comply with those criteria 2909
may obtain the credentials that are necessary for certification;2910

       (v) Require the director to deny certification for any such 2911
environmental professional who does not comply with those criteria 2912
and who fails to obtain the necessary credentials within the 2913
established time period.2914

       (d) Require that any information submitted to the director 2915
for the purposes of the rules adopted under division (B)(5)(a) or 2916
(c) of this section comply with division (A) of section 3746.20 of 2917
the Revised Code;2918

       (e) Authorize the director to suspend or revoke the 2919
certification of an environmental professional if the director 2920
finds that the environmental professional's performance has 2921
resulted in the issuance of no further action letters under 2922
section 3746.11 of the Revised Code that are not consistent with 2923
applicable standards or finds that the certified environmental 2924
professional has not substantially complied with section 3746.31 2925
of the Revised Code;2926

       (f) Authorize the director to suspend for a period of not 2927
more than five years or to permanently revoke a certified 2928
environmental professional's certification for any violation of or 2929
failure to comply with an ethical standard established in rules 2930
adopted under division (B)(5) of this section;2931

       (g) Require the director to revoke the certification of an 2932
environmental professional if the director finds that the 2933
environmental professional falsified any information on the 2934
environmental professional's application for certification 2935
regarding the environmental professional's credentials or 2936
qualifications or any other information generated for the purposes 2937
of or use under this chapter or rules adopted under it;2938

       (h) Require the director permanently to revoke the 2939
certification of an environmental professional who has violated or 2940
is violating division (A) of section 3746.18 of the Revised Code;2941

       (i) Preclude the director from revoking the certification of 2942
an environmental professional who only conducts investigations and 2943
remedies at property contaminated solely with petroleum unless the 2944
director first consults with the director of commerce.2945

       (6) Criteria and procedures for the certification of 2946
laboratories to perform analyses under this chapter and rules 2947
adopted under it. The issuance, denial, suspension, and revocation 2948
of those certifications are subject to Chapter 3745. of the 2949
Revised Code, and the director of environmental protection shall 2950
take any such action regarding a certification as a final action.2951

       The rules adopted under division (B)(6) of this section shall 2952
do all of the following:2953

       (a) Provide for the certification to perform analyses of 2954
laboratories in accordance with the criteria and procedures 2955
established in the rules adopted under division (B)(6)(a) of this 2956
section and establish an annual fee to be paid by those 2957
laboratories. The fee shall be established at an amount calculated 2958
to defray the costs to the agency for the review of the 2959
qualifications of those laboratories for certification and for the 2960
issuance of the certifications. The rules adopted under division 2961
(B)(6)(a) of this section may provide for the certification of 2962
those laboratories to perform only particular types or categories 2963
of analyses, specific test parameters or group of test parameters, 2964
or a specific matrix or matrices under this chapter.2965

       (b) Develop a schedule for and establish requirements 2966
governing the review by the director of the operations of 2967
laboratories that were deemed to be certified laboratories under 2968
division (E) of section 3746.07 of the Revised Code in order to 2969
determine if they comply with the criteria established in rules 2970
adopted under division (B)(6) of this section. The rules adopted 2971
under division (B)(6)(b) of this section shall do at least all of 2972
the following:2973

       (i) Ensure that the review is conducted in a timely fashion;2974

       (ii) Require the director to certify any such laboratory that 2975
the director determines complies with those criteria;2976

       (iii) Require any such laboratory initially to pay the fee 2977
established in the rules adopted under division (B)(6)(a) of this 2978
section at the time that the laboratory is so certified by the 2979
director;2980

       (iv) Establish a time period within which any such laboratory 2981
that does not comply with those criteria may make changes in its 2982
operations necessary for the performance of analyses under this 2983
chapter and rules adopted under it in order to be certified by the 2984
director;2985

       (v) Require the director to deny certification for any such 2986
laboratory that does not comply with those criteria and that fails 2987
to make the necessary changes in its operations within the 2988
established time period.2989

       (c) Require that any information submitted to the director 2990
for the purposes of the rules adopted under division (B)(6)(a) or 2991
(b) of this section comply with division (A) of section 3746.20 of 2992
the Revised Code;2993

       (d) Authorize the director to suspend or revoke the 2994
certification of a laboratory if the director finds that the 2995
laboratory's performance has resulted in the issuance of no 2996
further action letters under section 3746.11 of the Revised Code 2997
that are not consistent with applicable standards;2998

       (e) Authorize the director to suspend or revoke the 2999
certification of a laboratory if the director finds that the 3000
laboratory falsified any information on its application for 3001
certification regarding its credentials or qualifications;3002

       (f) Require the director permanently to revoke the 3003
certification of a laboratory that has violated or is violating 3004
division (A) of section 3746.18 of the Revised Code.3005

       (7) Information to be included in a no further action letter 3006
prepared under section 3746.11 of the Revised Code, including, 3007
without limitation, all of the following:3008

       (a) A summary of the information required to be submitted to 3009
the certified environmental professional preparing the no further 3010
action letter under division (C) of section 3746.10 of the Revised 3011
Code;3012

       (b) Notification that a risk assessment was performed in 3013
accordance with rules adopted under division (B)(2) of this 3014
section if such an assessment was used in lieu of generic 3015
numerical clean-up standards established in rules adopted under 3016
division (B)(1) of this section;3017

       (c) The contaminants addressed at the property, if any, their 3018
source, if known, and their levels prior to remediation;3019

       (d) The identity of any other person who performed work to 3020
support the request for the no further action letter as provided 3021
in division (B)(2) of section 3746.10 of the Revised Code and the 3022
nature and scope of the work performed by that person;3023

       (e) A list of the data, information, records, and documents 3024
relied upon by the certified environmental professional in 3025
preparing the no further action letter.3026

       (8) Methods for determining fees to be paid for the following 3027
services provided by the agency under this chapter and rules 3028
adopted under it:3029

       (a) Site- or property-specific technical assistance in 3030
developing or implementing plans in connection with a voluntary 3031
action;3032

       (b) Reviewing applications for and issuing consolidated 3033
standards permits under section 3746.15 of the Revised Code and 3034
monitoring compliance with those permits;3035

       (c) Negotiating, preparing, and entering into agreements 3036
necessary for the implementation and administration of this 3037
chapter and rules adopted under it;3038

       (d) Reviewing no further action letters, issuing covenants 3039
not to sue, and monitoring compliance with any terms and 3040
conditions of those covenants and with operation and maintenance 3041
agreements entered into pursuant to those covenants, including, 3042
without limitation, conducting audits of properties where 3043
voluntary actions are being or were conducted under this chapter 3044
and rules adopted under it.3045

       The fees established pursuant to the rules adopted under 3046
division (B)(8) of this section shall be at a level sufficient to 3047
defray the direct and indirect costs incurred by the agency for 3048
the administration and enforcement of this chapter and rules 3049
adopted under it other than the provisions regarding the 3050
certification of professionals and laboratories.3051

       (9) Criteria for selecting the no further action letters 3052
issued under section 3746.11 of the Revised Code that will be 3053
audited under section 3746.17 of the Revised Code, and the scope 3054
and procedures for conducting those audits. The rules adopted 3055
under division (B)(9) of this section, at a minimum, shall require 3056
the director to establish priorities for auditing no further 3057
action letters to which any of the following applies:3058

       (a) The letter was prepared by an environmental professional 3059
who was deemed to be a certified professional under division (D) 3060
of section 3746.07 of the Revised Code, but who does not comply 3061
with the criteria established in rules adopted under division 3062
(B)(5) of this section as determined pursuant to rules adopted 3063
under division (B)(5)(d) of this section;3064

       (b) The letter was submitted fraudulently;3065

       (c) The letter was prepared by a certified environmental 3066
professional whose certification subsequently was revoked in 3067
accordance with rules adopted under division (B)(5) of this 3068
section, or analyses were performed for the purposes of the no 3069
further action letter by a certified laboratory whose 3070
certification subsequently was revoked in accordance with rules 3071
adopted under division (B)(6) of this section;3072

       (d) A covenant not to sue that was issued pursuant to the 3073
letter was revoked under this chapter;3074

       (e) The letter was for a voluntary action that was conducted 3075
pursuant to a risk assessment in accordance with rules adopted 3076
under division (B)(2) of this section;3077

       (f) The letter was for a voluntary action that included as 3078
remedial activities engineering controls or institutional controls 3079
or activity and use limitations authorized under section 3746.05 3080
of the Revised Code.3081

       The rules adopted under division (B)(9) of this section shall 3082
provide for random audits of no further action letters to which 3083
the rules adopted under divisions (B)(9)(a) to (f) of this section 3084
do not apply.3085

       (10) A classification system to characterize ground water 3086
according to its capability to be used for human use and its 3087
impact on the environment and a methodology that shall be used to 3088
determine when ground water that has become contaminated from 3089
sources on a property for which a covenant not to sue is requested 3090
under section 3746.11 of the Revised Code shall be remediated to 3091
the standards established in the rules adopted under division 3092
(B)(1) or (2) of this section.3093

       (a) In adopting rules under division (B)(10) of this section 3094
to characterize ground water according to its capability for human 3095
use, the director shall consider all of the following:3096

       (i) The presence of legally enforceable, reliable 3097
restrictions on the use of ground water, including, without 3098
limitation, local rules or ordinances;3099

       (ii) The presence of regional commingled contamination from 3100
multiple sources that diminishes the quality of ground water;3101

       (iii) The natural quality of ground water;3102

       (iv) Regional availability of ground water and reasonable 3103
alternative sources of drinking water;3104

       (v) The productivity of the aquifer;3105

       (vi) The presence of restrictions on the use of ground water 3106
implemented under this chapter and rules adopted under it;3107

       (vii) The existing use of ground water.3108

       (b) In adopting rules under division (B)(10) of this section 3109
to characterize ground water according to its impacts on the 3110
environment, the director shall consider both of the following:3111

       (i) The risks posed to humans, fauna, surface water, 3112
sediments, soil, air, and other resources by the continuing 3113
presence of contaminated ground water;3114

       (ii) The availability and feasibility of technology to remedy 3115
ground water contamination.3116

       (11) Governing the application for and issuance of variances 3117
under section 3746.09 of the Revised Code;3118

       (12)(a) In the case of voluntary actions involving 3119
contaminated ground water, specifying the circumstances under 3120
which the generic numerical clean-up standards established in 3121
rules adopted under division (B)(1) of this section and standards 3122
established through a risk assessment conducted pursuant to rules 3123
adopted under division (B)(2) of this section shall be 3124
inapplicable to the remediation of contaminated ground water and 3125
under which the standards for remediating contaminated ground 3126
water shall be established on a case-by-case basis prior to the 3127
commencement of the voluntary action pursuant to rules adopted 3128
under division (B)(12)(b) of this section;3129

       (b) Criteria and procedures for the case-by-case 3130
establishment of standards for the remediation of contaminated 3131
ground water under circumstances in which the use of the generic 3132
numerical clean-up standards and standards established through a 3133
risk assessment are precluded by the rules adopted under division 3134
(B)(12)(a) of this section. The rules governing the procedures for 3135
the case-by-case development of standards for the remediation of 3136
contaminated ground water shall establish application, public 3137
participation, adjudication, and appeals requirements and 3138
procedures that are equivalent to the requirements and procedures 3139
established in section 3746.09 of the Revised Code and rules 3140
adopted under division (B)(11) of this section, except that the 3141
procedural rules shall not require an applicant to make the 3142
demonstrations set forth in divisions (A)(1) to (3) of section 3143
3746.09 of the Revised Code.3144

       (13) A definition of the evidence that constitutes sufficient 3145
evidence for the purpose of division (A)(5) of section 3746.02 of 3146
the Revised Code.3147

       At least thirty days before filing the proposed rules 3148
required to be adopted under this section with the secretary of 3149
state, director of the legislative service commission, and joint 3150
committee on agency rule review in accordance with divisions (B) 3151
and (H) of section 119.03 of the Revised Code, the director of 3152
environmental protection shall hold at least one public meeting on 3153
the proposed rules in each of the five districts into which the 3154
agency has divided the state for administrative purposes.3155

       Sec. 3769.083.  (A) As used in this section:3156

       (1) An "accredited Ohio thoroughbred horse" means a horse 3157
conceived in this state and born in this state which is both of 3158
the following:3159

       (a) Born of a mare that is domiciled in this state at the 3160
time of the horse's conception, that remains continuously in the 3161
state through the date on which the horse is born, and that is 3162
registered as required by the rules of the state racing 3163
commission;3164

       (b) By a stallion that stands for breeding purposes only in 3165
this state in the year in which the horse is conceived, and that 3166
is registered as required by the rules of the commission.3167

       (2) An "Ohio foaled horse" means a horse registered as 3168
required by the rules of the state racing commission which is 3169
either of the following:3170

       (a) A horse born of a mare that enters this state before 3171
foaling and remains continuously in this state until the horse is 3172
born;3173

       (b) A thoroughbred foal produced within the state by any 3174
broodmare shipped into the state to foal and be bred to a 3175
registered Ohio stallion. To qualify this foal as an Ohio foaled 3176
horse, the broodmare shall remain in this state one year 3177
continuously after foaling or continuously through foaling to the 3178
cover of the Ohio stallion, whichever is sooner. All horses 3179
previously registered as Ohio conceived and foaled shall be 3180
considered as Ohio foaled horses effective January 1, 1976.3181

       Any thoroughbred mare may leave this state for periods of 3182
time for purposes of activities such as veterinary treatment or 3183
surgery, sales purposes, breeding purposes, racing purposes, and 3184
similar activities if permission is granted by the state racing 3185
commission and the mare is returned to this state immediately upon 3186
the conclusion of the requested activity.3187

       (3) "Horse," "stallion," "mare," or "foal" means a horse of 3188
the thoroughbred breed as distinguished from a horse of the 3189
standard breed or any other breed, and "race" means a race for 3190
thoroughbred horses conducted by a permit holder of the state 3191
racing commission.3192

       (4) "Horse" includes animals of all ages and of both sexes.3193

       (B) There is hereby created in the state treasury the Ohio 3194
thoroughbred race fund, to consist of moneys paid into it pursuant 3195
to sections 3769.08 and 3769.087 of the Revised Code. All 3196
investment earnings on the cash balances in the fund shall be 3197
credited to it. Moneys to the credit of the fund shall be 3198
distributed on order of the state racing commission. The 3199
commission, with the advice and assistance of the Ohio 3200
thoroughbred racing advisory committee, shall use the fund, except 3201
as provided in divisions (C)(2) and (3) and (D) of this section, 3202
to promote races and provide purses for races for horses in the 3203
following classes:3204

       (1) Accredited Ohio thoroughbred horses;3205

       (2) Ohio foaled horses.3206

       Not less than ten nor more than twenty-five per cent of the 3207
total money to be paid from the fund for all types of races shall 3208
be allocated to races restricted to accredited Ohio thoroughbred 3209
horses. The commission may combine the classes of horses described 3210
in divisions (B)(1) and (2) of this section in one race, except in 3211
stakes races.3212

       (C)(1) Each permit holder conducting thoroughbred races shall 3213
schedule races each week for horses in the classes named in 3214
division (B) of this section; the number of the races shall be 3215
prescribed by the state racing commission. The commission, 3216
pursuant to division (B) of this section, shall prescribe the 3217
class or classes of the races to be held by each permit holder 3218
and, with the advice of the Ohio thoroughbred racing advisory 3219
committee, shall fix the dates and conditions of the races and the 3220
amount of moneys to be paid from the Ohio thoroughbred race fund 3221
to be added in each race to the minimum purse established by the 3222
permit holder for the class of race held.3223

       (2) The commission, with the advice of the Ohio thoroughbred 3224
racing advisory committee, may provide for stakes races to be run 3225
each year, and fix the number of stakes races and the time, place, 3226
and conditions under which each shall be run. The commission shall 3227
fix the amount of moneys to be paid from the Ohio thoroughbred 3228
race fund to be added to the purse provided for each stakes race 3229
by the permit holder, except that, in at least four stakes races 3230
each year, the commission shall require, if four stakes races can 3231
be arranged, that the permit holder conducting the stakes race 3232
provide no less than fifteen thousand dollars for the purse for 3233
the stakes race, and the commission shall provide moneys from the 3234
fund to be added to the purse in an amount equal to or greater 3235
than the amount provided by the permit holder. The commission may 3236
require a nominating, sustaining, and entry fee not to exceed one 3237
per cent of the money added from the fund for each horse in any 3238
stakes race, which fee shall be added to the purse for the race.3239

       Stakes races where money is added from the Ohio thoroughbred 3240
race fund shall be open only to accredited Ohio thoroughbred 3241
horses and Ohio foaled horses. Twenty-five per cent of the total 3242
moneys to be paid from the fund for stakes races shall be 3243
allocated to races for only accredited Ohio thoroughbred horses. 3244
The commission may require a nominating, sustaining, and entry 3245
fee, not to exceed one per cent of the money added from the fund, 3246
for each horse in any of these stakes races. These fees shall be 3247
accumulated by the commission and shall be paid out by the 3248
commission at its discretion as part of the purse money for 3249
additional races.3250

       (3) The commission may pay from the Ohio thoroughbred race 3251
fund to the breeder of a horse of class (1) or (2) of division (B) 3252
of this section winning first, second, or third prize money of a 3253
purse for a thoroughbred race an amount not to exceed fifteen per 3254
cent of the first, second, or third prize money of the purse. For 3255
the purposes of this division, the term "breeder" shall be defined 3256
by rule of the commission.3257

       The commission also may provide for stallion owners' awards 3258
in an amount equal to not less than three nor more than ten per 3259
cent of the first, second, or third place share of the purse. The 3260
award shall be paid to the owner of the stallion, provided that 3261
the stallion was standing in this state as provided in division 3262
(A)(1)(b) of this section at the time the horse placing first, 3263
second, or third was conceived.3264

       (D) The state racing commission may provide for the 3265
expenditure of moneys from the Ohio thoroughbred race fund in an 3266
amount not to exceed in any one calendar year ten per cent of the 3267
total amount received in the account that year to provide for 3268
research projects directed toward improving the breeding, raising, 3269
racing, and health and soundness of thoroughbred horses in the 3270
state and toward education or promotion of the industry. Research 3271
for which the moneys from the fund may be used may include, but 3272
shall not be limited to, studies of pre-race blood testing, 3273
post-race testing, improvement of the breed, and nutrition.3274

       (E) The state racing commission shall appoint qualified 3275
personnel as may be required to supervise registration of horses 3276
under the terms of this section, to determine the eligibility of 3277
horses for accredited Ohio thoroughbred races, Ohio foaled races, 3278
and the stakes races authorized by division (C)(2) of this 3279
section, and to assist the Ohio thoroughbred racing advisory 3280
committee and the commission in determining the conditions, class, 3281
and quality of the race program to be established under this 3282
section so as to carry out the purposes of this section. The 3283
personnel shall serve at the pleasure of the commission, and 3284
compensation shall be fixed by the commission. The compensation of 3285
the personnel and necessary expenses shall be paid out of the Ohio 3286
thoroughbred race fund.3287

       The commission shall adopt rules as are necessary to carry 3288
out this section and shall administer the stakes race program and 3289
other races supported by the Ohio thoroughbred race fund in a 3290
manner best designed to aid in the development of the thoroughbred 3291
horse industry in the state, to upgrade the quality of horse 3292
racing in the state, and to improve the quality of horses 3293
conceived and foaled in the state.3294

       Sec. 3769.085. (A) There is hereby created in the state 3295
treasury the Ohio standardbred development fund, to consist of 3296
moneys paid into it pursuant to section 3769.08 of the Revised 3297
Code and any fees assessed for or on behalf of the Ohio sires 3298
stakes races. All fees so assessed shall be exempt from the 3299
requirements of divisions (D) and (M) of that section. All 3300
investment earnings on the cash balance in the fund shall be 3301
credited to the fund. Moneys to the credit of the fund shall be 3302
distributed on order of the state racing commission with the 3303
approval of the Ohio standardbred development commission.3304

       (B) The Ohio standardbred development commission shall 3305
consist of three members, all to be residents of this state 3306
knowledgeable in breeding and racing, to be appointed by the 3307
governor with the advice and consent of the senate. One member 3308
shall be a standardbred breeder, and one member shall be a 3309
standardbred owner. Of the initial appointments, one member shall 3310
be appointed for a term ending June 30, 1977, and two members 3311
shall be appointed for terms ending June 30, 1979. Thereafter, 3312
appointments for other than unexpired terms shall be for four 3313
years. Terms shall begin the first day of July and end the 3314
thirtieth day of June. Any member appointed to fill a vacancy 3315
occurring prior to the expiration of the term for which the 3316
member's predecessor was appointed shall hold office for the 3317
remainder of that term. Any member shall continue in office 3318
subsequent to the expiration date of the member's term until a 3319
successor takes office. Members shall receive no compensation, 3320
except that they shall be paid actual and necessary expenses from 3321
the Ohio standardbred development fund. The state racing 3322
commission also shall be reimbursed from the fund for actual 3323
expenses approved by the development commission. The development 3324
commission may elect one member to serve as secretary.3325

       (C) Upon application not later than the first day of December 3326
from the harness tracks conducting races with pari-mutuel 3327
wagering, other than agricultural expositions and fairs, the Ohio 3328
standardbred developmentstate racing commission, after a hearing 3329
and not later than the twentieth day of January, shall allocate 3330
and approve all available moneys for colt races for two-year-old 3331
and three-year-old colts and fillies, both trotting and pacing. 3332
Separate races for fillies shall be provided at each age and gait. 3333
Up to five races and a championship race shall be scheduled for 3334
each of the eight categories of age, sex, and gait. The 3335
allocations shall take into account the time of year that racing 3336
colts is feasible, the equity and continuity of the proposed dates 3337
for racing events, and the amounts to be added by the tracks, 3338
looking to the maximum benefit for those participating in the 3339
races. Representatives of the tracks and the Ohio harness 3340
horsemen's association shall be given an opportunity to be heard 3341
before the allocations are made. No races shall be contested 3342
earlier than the first day of May or later than the first day of 3343
November; all permit holders operating extended pari-mutuel 3344
meetings between those dates shall be entitled to at least three 3345
races. No funds for a race shall be allocated to and paid to a 3346
permit holder by the development commission unless the permit 3347
holder adds at least twenty-five per cent to the amount allocated 3348
by the development commission, and not less than five thousand 3349
dollars to each race.3350

       Colts and fillies eligible to the races shall be only those 3351
sired by a standardbred stallion that was registered with the 3352
state racing commission and stood in the state the entire breeding 3353
season of the year the colt or filly was conceived.3354

       If the development commission concludes that sufficient funds 3355
are available to add aged races without reducing purse levels of 3356
the colt and filly races, the development commission may allocate 3357
funds to four-year-old and up races of each sex and gait with Ohio 3358
eligibility required as set forth in this section.3359

       (D)(C) The state racing commission may allocate an amount not 3360
to exceed five per cent of the total Ohio standardbred development 3361
fund available in any one calendar year to research projects 3362
directed toward improving the breeding, raising, racing, and 3363
health and soundness of horses in the state and toward education 3364
or promotion of the industry.3365

       Sec. 3769.086.  There is hereby created in the state treasury 3366
the Ohio quarter horse development fund, to consist of all moneys 3367
paid into the fund at Ohio quarter horse meets. The purpose of the 3368
fund is to advance and improve the breeding of racing quarter 3369
horses in Ohio.3370

       Moneys to the credit of the fund shall be distributed on 3371
order of the state racing commission with the approval of the Ohio 3372
quarter horse development commission.3373

       The development commission shall consist of three members, to 3374
be appointed by the governor, with the advice and consent of the 3375
senate. One member shall be a quarter horse breeder and one a 3376
quarter horse owner. Of the initial appointments, one member shall 3377
be appointed for a term ending June 30, 1977, and two members 3378
shall be appointed for terms ending June 30, 1979. Thereafter 3379
appointments for other than unexpired terms shall be for four 3380
years. Terms shall begin the first day of July and end the 3381
thirtieth day of June. Any member appointed to fill a vacancy 3382
occurring prior to the expiration of the term for which the 3383
member's predecessor was appointed shall hold office for the 3384
remainder of such term. Any member shall continue in office 3385
subsequent to the expiration date of the member's term until a 3386
successor takes office. Members shall receive no compensation, 3387
except they shall be paid actual and necessary expenses from the 3388
Ohio quarter horse development fund. The state racing commission 3389
shall also be reimbursed for actual expense approved by the 3390
development commission. The development commission may elect one 3391
member to serve as secretary.3392

       After a general meeting advertised at least one month in 3393
advance, the development commission shall allocate and approve all 3394
available moneys to one or more stake races and, at the3395
development commission's discretion, to one or more overnight 3396
races. The eligibility for entry into such stake or overnight 3397
races shall be restricted to the following horses:3398

       (A) An Ohio-sired horse, which means a colt or filly 3399
registered with the American quarter horse association that has 3400
been sired by a quarter horse or thoroughbred stallion that stands 3401
for breeding purposes only in this state in the year that the colt 3402
or filly was conceived and is registered according to the rules of 3403
the state racing commission;3404

       (B) An Ohio-foaled horse, which means a filly or colt with a 3405
certificate of registration from the American quarter horse 3406
association that the colt or filly was foaled in this state. A 3407
copy of the registration papers shall accompany any nomination for 3408
entry in a race.3409

       (C) An Ohio-owned horse, which means a colt or filly wholly 3410
owned by a resident of this state, according to the rules of the 3411
state racing commission, both at the time of nomination and at the 3412
time of the race.3413

       The development commission may combine any or all of the 3414
above classes in one race, but in an overnight race to which money 3415
is allocated, preference shall be given to the highest preferred 3416
class in the order listed in this section.3417

       The development commission may allocate a sum not to exceed 3418
ten per cent of the total Ohio quarter horse development fund to 3419
research projects directed toward improving the breeding, raising, 3420
and racing of horses in the state and toward education or 3421
promotion of the industry.3422

       Sec. 3905.04.  (A) Except as otherwise provided in this 3423
section or in section 3905.041 of the Revised Code, a resident 3424
individual applying for an insurance agent license for any of the 3425
lines of authority described in division (B) of this section shall 3426
take and pass a written examination prior to application for 3427
licensure. The examination shall test the knowledge of the 3428
individual with respect to the lines of authority for which 3429
application will be made, the duties and responsibilities of an 3430
insurance agent, and the insurance laws of this state. Before 3431
admission to the examination, each individual shall pay the 3432
nonrefundable examination fee.3433

       (B) The examination described in division (A) of this section 3434
shall be required for the following lines of authority:3435

       (1) Any of the lines of authority set forth in divisions 3436
(B)(1) to (5) of section 3905.06 of the Revised Code;3437

       (2) Title insurance;3438

       (3) Surety bail bonds as provided in sections 3905.83 to 3439
3905.95 of the Revised Code;3440

       (4) Any other line of authority designated by the 3441
superintendent of insurance.3442

       (C) An individual shall not be permitted to take the 3443
examination described in division (A) of this section unless one 3444
of the following applies:3445

       (1) The individual has earned a bachelor's or associate's 3446
degree in insurance from an accredited institution.3447

       (2) The individual has earned a professional designation 3448
approved by the superintendent.3449

       (3) The individual has completed, for each line of authority 3450
for which the individual has applied, twenty hours of study in a 3451
program of insurance education approved by the superintendent, in 3452
consultation with the insurance agent education advisory council,3453
under criteria established by the superintendent. Division (C) of 3454
this section does not apply with respect to title insurance or any 3455
other line of authority designated by the superintendent.3456

       (D) An individual who fails to appear for an examination as 3457
scheduled, or fails to pass an examination, may reapply for the 3458
examination if the individual pays the required fee and submits 3459
any necessary forms prior to being rescheduled for the 3460
examination.3461

       (E)(1) The superintendent may, in accordance with Chapter 3462
119. of the Revised Code, adopt any rule necessary for the 3463
implementation of this section.3464

       (2) The superintendent may make any necessary arrangements, 3465
including contracting with an outside testing service, for the 3466
administration of the examinations and the collection of the fees 3467
required by this section.3468

       Sec. 3905.481.  Each individual who is issued a resident 3469
insurance agent license shall complete at least twenty-four hours 3470
of continuing education in each license renewal period. The 3471
continuing education shall be offered in a course or program of 3472
study approved by the superintendent of insurance in consultation 3473
with the insurance agent education advisory council and shall 3474
include at least three hours of approved ethics training. 3475

        This section does not apply to any person or class of 3476
persons, as determined by the superintendent in consultation with 3477
the council.3478

       Sec. 3905.484.  (A) The superintendent of insurance, in 3479
consultation with the insurance agent education advisory council,3480
shall establish criteria for any course or program of study that 3481
is offered in this state under section 3905.04 or sections 3482
3905.481 to 3905.486 of the Revised Code.3483

       (B) No course or program of study shall be offered in this 3484
state under section 3905.04 or sections 3905.481 to 3905.486 of 3485
the Revised Code unless it is approved by the superintendent in 3486
consultation with the council.3487

       (C) A course or program of study offered in this state under 3488
section 3905.04 or sections 3905.481 to 3905.486 of the Revised 3489
Code shall be developed or sponsored only by one of the following:3490

       (1) An insurance company admitted to transact business in 3491
this state;3492

       (2) An accredited college or university;3493

       (3) An insurance trade association;3494

       (4) An independent program of instruction that is approved by 3495
the superintendent in consultation with the council;3496

       (5) Any institution as defined in section 1713.01 of the 3497
Revised Code that holds a certificate of authorization issued by 3498
the Ohio board of regents under Chapter 1713. of the Revised Code 3499
or is exempt under that chapter from the requirements for a 3500
certificate of authorization.3501

       Sec. 3905.485.  (A) The superintendent of insurance, in 3502
consultation with the insurance agent education advisory council,3503
shall establish a schedule of fees to be paid to the 3504
superintendent by the sponsor of a course or program of study 3505
approved in accordance with division (B) of section 3905.484 of 3506
the Revised Code. The sponsor shall pay the required fee to the 3507
superintendent in accordance with rules adopted by the 3508
superintendent.3509

       (B) All fees collected by the superintendent under division 3510
(A) of this section shall be credited to the department of 3511
insurance operating fund created in section 3901.021 of the 3512
Revised Code.3513

       Sec. 3905.486.  The superintendent of insurance shall adopt 3514
rules in accordance with Chapter 119. of the Revised Code to carry 3515
out the purposes of sections 3905.04 and 3905.481 to 3905.486 of 3516
the Revised Code. In adopting any rules, the superintendent shall 3517
consider any recommendations made by the insurance agent education 3518
advisory council.3519

       Sec. 3905.88.  (A) Each individual who is issued a license as 3520
a resident surety bail bond agent shall complete at least seven 3521
hours of continuing education in each license renewal period. The 3522
continuing education shall be offered in a course or program of 3523
study related to the bail bond business that is approved by the 3524
superintendent of insurance in consultation with the insurance 3525
agent education advisory council and shall include at least one 3526
hour of approved ethics training.3527

       (B) The superintendent shall not renew the license of any 3528
surety bail bond agent who fails to meet the requirements of 3529
division (A) of this section or whose application for renewal does 3530
not meet the requirements of section 3905.85 of the Revised Code.3531

       Sec. 3929.631. (A) In the event the superintendent of 3532
insurance creates the medical liability underwriting association 3533
under section 3929.63 of the Revised Code or reactivates the 3534
medical liability underwriting association under section 3929.632 3535
of the Revised Code, the superintendent also shall create a 3536
stabilization reserve fund for the medical liability underwriting 3537
association under Chapter 119. of the Revised Code. The 3538
stabilization reserve fund shall be administered by thirteen 3539
directors, one of whom shall be the superintendent of insurance or 3540
the superintendent's deputy. The remaining twelve directors shall 3541
be appointed by the superintendent. Of these twelve directors, 3542
five shall be doctors of medicine and surgery, two shall be 3543
doctors of osteopathic medicine and surgery, one shall be a doctor 3544
of podiatric medicine, and four shall be representatives of 3545
hospitalsa board of governors of the medical liability 3546
underwriting association.3547

       (B) The directorsboard shall act by majority vote with seven 3548
directorsmembers constituting a quorum for the transaction of any 3549
business or the exercise of any power of the stabilization reserve 3550
fund. The directors shall serve without salary, but each director 3551
shall be reimbursed for actual and necessary expenses incurred in 3552
the performance of official duties as a director of the 3553
stabilization reserve fund. The directorsmembers are not subject 3554
to any personal liability with respect to administration of the 3555
fund.3556

       (C) Each policyholder of the medical liability underwriting 3557
association shall pay to the medical liability underwriting 3558
association annually a stabilization reserve fund charge. The 3559
charge shall be determined by the directors with the agreement of3560
the board of governors of the medical liability underwriting 3561
association, subject to the approval of the superintendent. In the 3562
event that there is no agreement among the directors, the board of 3563
governors, and the superintendent as to the charge, the 3564
superintendent shall determine the charge. The amount of the 3565
charge may differentiate between types of coverage, but shall be 3566
sufficient to ensure that the medical liability underwriting 3567
association is actuarially sound, adequately reserved, financially 3568
stable, and efficiently managed so as to satisfy the purposes of 3569
sections 3929.62 to 3929.70 of the Revised Code. The medical 3570
liability underwriting association shall cancel the policy of any 3571
policyholder who fails to pay the stabilization reserve fund 3572
charge.3573

       (D) The medical liability underwriting association promptly 3574
shall pay to the trustee of the stabilization reserve fund all 3575
stabilization reserve fund charges that it collects from its 3576
policyholders.3577

       (E) All money received by the stabilization reserve fund 3578
shall be held in trust by a corporate trustee selected by the 3579
directorsboard. The corporate trustee may invest the money held 3580
in trust, subject to the approval of the directorsboard. All 3581
investment income shall be credited to the stabilization reserve 3582
fund. All expenses of administration of the stabilization reserve 3583
fund shall be charged against the stabilization reserve fund. The 3584
money held in trust shall be used for the purpose of reimbursing 3585
the medical liability underwriting association for any deficit 3586
that arises out of the operations of the medical liability 3587
underwriting association and for any other purpose that is 3588
approved by the board of directors, if the purpose is reasonably 3589
consistent with the purposes of the association. Such payment to 3590
the medical liability underwriting association shall be made by 3591
the directors upon the medical liability underwriting 3592
association's certification to the directors of the amount due.3593

       (F) If the board of governors determines that the moneys 3594
contained in the stabilization reserve fund at the end of a fiscal 3595
year, exclusive of dollars allocated for pending claims and after 3596
payment of all claims and expenses, are in excess of amounts that 3597
are necessary to ensure that the medical liability underwriting 3598
association is actuarially sound, adequately reserved, financially 3599
stable, and efficiently managed as to satisfy the purposes of 3600
sections 3929.62 to 3929.70 of the Revised Code, and the 3601
superintendent concurs, the superintendent shall cause the return 3602
of the excess fund moneys to applicants that have contributed to 3603
the fund and that are not medical liability underwriting 3604
association policyholders at the end of the fiscal year. In 3605
effectuating the return of fund moneys, the superintendent shall 3606
ascertain the total amount contributed to the fund by each 3607
applicant during the entire period of the fund's existence. Within 3608
a reasonable time period not to exceed one year, the 3609
superintendent shall remit to each eligible applicant an amount 3610
that bears the same ratio to the total amount of excess fund 3611
moneys as the total amount contributed to the fund by each 3612
applicant bears to the total amount contributed to the fund by all 3613
applicants. Notwithstanding the return of moneys under this 3614
division, policyholders shall continue to be subject to the 3615
charges of the stabilization reserve fund under this section. The 3616
total amount to be returned under this division shall reflect any 3617
interest actually earned by the fund less fund operating expenses.3618

       Sec. 3929.64. (A)(1) A board of governors consisting of nine3619
twelve members shall govern the medical liability underwriting 3620
association. The members shall be appointed by the governor with 3621
the advice of the superintendent of insurance. FiveFour shall be 3622
selected from insurers licensed to write and writing liability 3623
insurance in this state, at least two of which insurers must write 3624
medical liability insurance in this state. OneThree shall be a3625
licensed physicianphysicians and onetwo shall be from a hospital3626
hospitals operating in this state. One shall be an insurance agent 3627
licensed and writing medical liability insurance in this state. 3628
OneTwo shall represent the interests of consumers and shall 3629
neither be a member of, or associated with, a health insuring 3630
corporation holding a certificate of authority under Chapter 1751. 3631
of the Revised Code or an insurance company. The members of the 3632
board of governors shall serve without compensation but shall be 3633
reimbursed for their actual and necessary expenses incurred in the 3634
discharge of their official duties. The directors of the 3635
stabilization reserve fund shall serve as ex officio members of 3636
the medical liability underwriting association's board of 3637
governors.3638

       (2) Of the initial member appointments made under division 3639
(A)(1) of this section, threefour shall be for terms of one year, 3640
threefour shall be for terms of two years, and threefour shall 3641
be for terms of three years, with the members' terms determined 3642
from the date the medical liability underwriting association is 3643
created under section 3929.63 of the Revised Code. Thereafter, 3644
terms of office for appointed members shall be for three years, 3645
each term ending on the same day of the same month of the year as 3646
did the term it succeeds. A vacancy shall be filled in the same 3647
manner as the original appointment. Members may be reappointed to 3648
the board of governors.3649

       (B) The board of governors may employ, compensate, and 3650
prescribe the duties and powers of as many employees and 3651
consultants as are necessary to carry out the purposes of sections 3652
3929.62 to 3929.70 of the Revised Code.3653

       Sec. 3929.68. (A) There shall be no liability imposed on the 3654
part of, and no cause of action of any nature arises against, the 3655
medical liability underwriting association or the stabilization 3656
reserve fund, its board of governors, directors, agents, or 3657
employees, an insurer or its employees, any licensed agent or 3658
broker, or the superintendent of insurance or the superintendent's 3659
authorized representatives and employees, for any action taken by 3660
them in the performance of their powers and duties under sections 3661
3929.62 to 3929.70 of the Revised Code. Any reports and 3662
communications made in connection with those actions are not 3663
public records.3664

       (B) With respect to any policy of insurance issued by the 3665
medical liability underwriting association, any contract executed 3666
by the medical liability underwriting association or the 3667
stabilization reserve fund, or any action taken under or related 3668
to sections 3929.62 to 3929.70 of the Revised Code, there shall be 3669
no liability on the part of the state beyond amounts paid into or 3670
earned by the medical liability underwriting association and 3671
stabilization reserve fund.3672

       Sec. 3930.02.  (A) The Ohio commercial market assistance plan 3673
is hereby established to assist in the placement of commercial 3674
insurance risks located in this state. The plan shall operate 3675
under the auspices of the department of insurance and shall 3676
attempt to be self-supporting. If, however, the fees collected 3677
pursuant to division (C) of this section are not adequate to make 3678
the plan self-supporting, the balance of the cost of operating the 3679
plan shall be borne by the department. The plan is not an insurer 3680
and is not authorized to assume insurance risks.3681

       (B) Only written requests for assistance meeting all of the 3682
plan criteria shall be eligible for assistance by the plan.3683

       (C) Each request for assistance shall be in writing and shall 3684
be submitted by a licensed Ohio agent or broker and accompanied by 3685
a fee, which shall be paid by the applicant for assistance and 3686
made payable to the "Ohio commercial market assistance plan." Each 3687
request also shall be accompanied by a statement of the agent or 3688
broker, in accordance with procedures, standards, and requirements 3689
set forth in rules adopted by the superintendent of insurance, 3690
that at least three insurance companies have been contacted for 3691
the issuance of insurance and that coverage was not available from 3692
those companies. The fee shall be reasonable and determined by the 3693
plan after consultation with the superintendent.3694

       (D)(1) In the event the coverage is placed through the plan 3695
with a request for assistance submitted by an agent not appointed 3696
by the insurer and the insurer assigns another agent to service 3697
the insured, the insurer shall pay the agent a producing fee from 3698
the commission with the remaining balance of the commission paid 3699
to the agent assigned by the insurer to service the insured.3700

       (2) The plan shall not be considered a party to the 3701
relationship among insured, agent, and insurer.3702

       (E) The superintendent of insurance shall appoint an 3703
executive committee, within thirty days of the effective date of 3704
this section, to administer the plan.The plan shall be 3705
administered by the Ohio commercial insurance joint underwriting 3706
association board of governors created by section 3930.03 of the 3707
Revised Code. The executive committeeboard may appoint such 3708
other committees it considers appropriate to execute the purpose 3709
of the plan. The executive committee for the plan shall consist of 3710
nine members. Five members shall be representatives of commercial 3711
insurers and four shall be insurance agents, two of whom shall be 3712
representatives from excess surplus lines brokers. The 3713
superintendent shall serve as an ex-officio member of the 3714
executive committee. The executive committeeboard shall develop a 3715
detailed written plan of operation. The plan of operation or any 3716
amendments thereto shall be submitted to the superintendent of 3717
insurance for approval within thirty days of the appointment of 3718
the executive committee. The plan of operation or amendments 3719
thereto shall be approved or disapproved by the superintendent 3720
within thirty days of submission by the executive committeeboard3721
or shall be deemed approved if the executive committeeboard is 3722
not otherwise notified within the thirty-day period. The 3723
superintendent's disapproval shall be for specific reasons stated 3724
in writing. If the superintendent disapproves the proposed plan of 3725
operation, the executive committeeboard shall, within fifteen 3726
days, submit for approval an appropriately revised plan of 3727
operation. If the executive committeeboard fails to submit a 3728
revised plan, or if the revised plan submitted is unacceptable, 3729
the superintendent shall adopt a plan of operation.3730

       (F) The superintendent may suspend or reactivate the plan of 3731
operation.3732

       (G)(1) The executive committeeboard shall designate a fiscal 3733
agent for the plan. The fiscal agent is authorized to receive and 3734
hold funds submitted to the plan and to disburse them to pay 3735
reasonable and necessary expenses of the plan. The funds may be 3736
used for the necessary expenses of the plan, including but not 3737
limited to printing, postage, rent, mailing, telephone, and such 3738
other expenses incurred by the plan as the executive committee3739
board deems appropriate.3740

       (2) The fiscal agent shall maintain books and records of all 3741
receipts and disbursements and shall submit financial statements 3742
as requested by the executive committeeboard of the plan. The 3743
superintendent or any executive committeeboard member shall have 3744
access to such books and records during normal business hours.3745

       (3) The fiscal agent shall maintain a bank account under the 3746
name of the "Ohio commercial market assistance plan." All checks 3747
drawn upon the account of the plan shall bear the signatures of 3748
the fiscal agent and another person duly authorized by the 3749
executive committeeboard.3750

       (4) If a surplus of funds exists at any time the plan is 3751
suspended, the then existing surplus shall be disbursed to the 3752
state treasury to the credit of the operating fund of the 3753
department of insurance.3754

       (5) Upon approval of the plan of operation and with the 3755
approval of the existing Ohio MAP committee established by the 3756
department of insurance and the executive committeeboard of 3757
governors of the Ohio commercial market assistance plancommercial 3758
insurance joint underwriting association, all assets and all 3759
submitted questionnaires of the existing Ohio MAP committee may be 3760
transferred to the Ohio commercial market assistance plan and all 3761
questionnaires submitted to the existing Ohio MAP committee may be 3762
transferred to the Ohio commercial market assistance plan.3763

       (6) There shall be no liability on the part of and no cause 3764
of action of any nature shall arise against any insurer, broker, 3765
agent, or any employee of the foregoing, employee or executive 3766
committee member of the board of governors of the Ohio commercial 3767
market assistance planinsurance joint underwriting association, 3768
or the superintendent of insurance or histhe superintendent's3769
representatives for any action taken by them in the performance of 3770
their powers and duties under sections 3930.01 to 3930.18 of the 3771
Revised Code.3772

       Sec. 3930.03.  (A) The Ohio commercial insurance joint 3773
underwriting association is hereby created, consisting of all 3774
insurers authorized to write and engaged in writing within the 3775
state, on a direct basis, commercial insurance, including the 3776
liability component of commercial multi-peril insurance. Every 3777
such insurer shall be a member of the association and shall remain 3778
a member as a condition of its authority to continue to transact 3779
such kind of business in this state, notwithstanding other 3780
prohibitions or authorizations provided in the Revised Code, nor 3781
shall participation in the association by any insurer required to 3782
participate in such association constitute the writing of a line 3783
of insurance otherwise prohibited by the laws of this state.3784

       The association shall be administered by a board of 3785
governors. It shall be activated for a particular class of 3786
insurance only by rule of the superintendent of insurance adopted 3787
pursuant to Chapter 119. of the Revised Code upon a finding by the 3788
superintendent that both of the following circumstances exist for 3789
that particular class of insurance:3790

       (1) A substantial number of eligible requests for assistance 3791
for that particular class of insurance have not been placed by the 3792
Ohio commercial insurance market assistance plan and they are 3793
insurable risks;3794

       (2) The lack of commercial insurance for that class of 3795
insurance threatens the continued operation of entities in this 3796
state and such condition will be detrimental to the general 3797
welfare of the citizens of this state.3798

       (B) The board of governors of the association shall consist 3799
of eleventhirteen members appointed by the superintendent of 3800
insurance, eightseven of whom shall be selected from the members 3801
of the joint underwriting association. FiveFour members shall be 3802
selected from commercial insurers domiciled in this state. Three 3803
members shall be selected from commercial insurers domiciled 3804
outside this state. One memberFour members shall be an insurance 3805
agentagents, two of whom shall be representatives from excess 3806
surplus lines brokers and one of whom shall be licensed and 3807
writing commercial insurance in this state. Two members shall be 3808
commercial insurance policyholders and shall not have any 3809
relationship with an insurance company or an insurance agent 3810
except as a purchaser of commercial insurance. Such governors 3811
shall serve a term of one year. The members of the board shall 3812
serve without compensation, but shall be reimbursed for their 3813
actual and necessary expenses incurred in the discharge of their 3814
official duties.3815

       (C) There shall be a plan of operation promulgated under 3816
division (D) of this section. Pursuant to sections 3930.01 to 3817
3930.18 of the Revised Code and the plan of operation with respect 3818
to commercial insurance promulgated under division (D) of this 3819
section, the association may:3820

       (1) Issue or cause to be issued policies of insurance to 3821
applicants unable to obtain commercial insurance in the voluntary 3822
market, including incidental coverages and subject to limits as 3823
specified in the plan of operation;3824

       (2) Underwrite such insurance and adjust and pay losses with 3825
respect thereto, or appoint service companies or syndicates to 3826
perform those functions;3827

       (3) Assume reinsurance from its members;3828

       (4) Cede reinsurance.3829

       (D)(1) Within forty-five days following the creation of the 3830
association, the board of governors of the association shall 3831
submit to the superintendent of insurance, for his review, a 3832
proposed plan of operation, consistent with sections 3930.01 to 3833
3930.18 of the Revised Code. If the superintendent does not adopt 3834
such plan within thirty days of such submission, hethe 3835
superintendent shall resubmit the plan to the board with written 3836
reasons consistent with this chapter for the rejection. The board 3837
shall, within fifteen days, submit for approval an appropriately 3838
revised plan of operation and if the board of governors fails to 3839
do so, or if the revised plan submitted is unacceptable, the 3840
superintendent shall adopt a plan of operation. The superintendent 3841
shall adopt any plan by a rule under Chapter 119. of the Revised 3842
Code.3843

       (2) The plan of operation shall provide for economic, fair, 3844
and nondiscriminatory administration and for the prompt and 3845
efficient provision of any class of commercial insurance that 3846
cannot be obtained in the voluntary market, and shall contain 3847
other provisions including, but not limited to, preliminary 3848
assessment of all members for initial expenses necessary to 3849
commence operations, establishment of necessary facilities, 3850
management of the association, assessment of members to defray 3851
losses and expenses, administrative expenses, establishment of 3852
reasonable and objective underwriting standards, acceptance and 3853
cession of reinsurance, and the appointment of servicing carriers 3854
or the direct issuance of syndicate policies.3855

       (3) Amendments to the plan of operation may be made by the 3856
board of governors of the association, subject to the approval of 3857
the superintendent. The superintendent may also recommend 3858
amendments to the plan of operation. Upon adoption by the board 3859
and approval by the superintendent, the superintendent shall then 3860
amend the rule establishing the plan of operation pursuant to 3861
Chapter 119. of the Revised Code.3862

       (4) The board of governors may employ, compensate, and 3863
prescribe the duties and powers of such employees and consultants 3864
as are necessary to carry out the purposes of sections 3930.01 to 3865
3930.18 of the Revised Code.3866

       (E) Upon application of an insurer, the superintendent may 3867
waive its participation in the plan if the superintendent 3868
determines that such participation would threaten the solvency of 3869
that insurer.3870

       Sec. 4121.03.  (A) The governor shall appoint from among the 3871
members of the industrial commission the chairperson of the 3872
industrial commission. The chairperson shall serve as chairperson 3873
at the pleasure of the governor. The chairperson is the head of 3874
the commission and its chief executive officer.3875

       (B) The chairperson shall appoint, after consultation with 3876
other commission members and obtaining the approval of at least 3877
one other commission member, an executive director of the 3878
commission. The executive director shall serve at the pleasure of 3879
the chairperson. The executive director, under the direction of 3880
the chairperson, shall perform all of the following duties:3881

       (1) Act as chief administrative officer for the commission;3882

       (2) Ensure that all commission personnel follow the rules of 3883
the commission;3884

       (3) Ensure that all orders, awards, and determinations are 3885
properly heard and signed, prior to attesting to the documents;3886

       (4) Coordinate, to the fullest extent possible, commission 3887
activities with the bureau of workers' compensation activities;3888

       (5) Do all things necessary for the efficient and effective 3889
implementation of the duties of the commission.3890

       The responsibilities assigned to the executive director of 3891
the commission do not relieve the chairperson from final 3892
responsibility for the proper performance of the acts specified in 3893
this division.3894

       (C) The chairperson shall do all of the following:3895

       (1) Except as otherwise provided in this division, employ, 3896
promote, supervise, remove, and establish the compensation of all 3897
employees as needed in connection with the performance of the 3898
commission's duties under this chapter and Chapters 4123., 4127., 3899
and 4131. of the Revised Code and may assign to them their duties 3900
to the extent necessary to achieve the most efficient performance 3901
of its functions, and to that end may establish, change, or 3902
abolish positions, and assign and reassign duties and 3903
responsibilities of every employee of the commission. The civil 3904
service status of any person employed by the commission prior to 3905
November 3, 1989, is not affected by this section. Personnel 3906
employed by the bureau or the commission who are subject to 3907
Chapter 4117. of the Revised Code shall retain all of their rights 3908
and benefits conferred pursuant to that chapter as it presently 3909
exists or is hereafter amended and nothing in this chapter or 3910
Chapter 4123. of the Revised Code shall be construed as 3911
eliminating or interfering with Chapter 4117. of the Revised Code 3912
or the rights and benefits conferred under that chapter to public 3913
employees or to any bargaining unit.3914

       (2) Hire district and staff hearing officers after 3915
consultation with other commission members and obtaining the 3916
approval of at least one other commission member;3917

       (3) Fire staff and district hearing officers when the 3918
chairperson finds appropriate after obtaining the approval of at 3919
least one other commission member;3920

       (4) Maintain the office for the commission in Columbus;3921

       (5) To the maximum extent possible, use electronic data 3922
processing equipment for the issuance of orders immediately 3923
following a hearing, scheduling of hearings and medical 3924
examinations, tracking of claims, retrieval of information, and 3925
any other matter within the commission's jurisdiction, and shall 3926
provide and input information into the electronic data processing 3927
equipment as necessary to effect the success of the claims 3928
tracking system established pursuant to division (B)(15) of 3929
section 4121.121 of the Revised Code;3930

       (6) Exercise all administrative and nonadjudicatory powers 3931
and duties conferred upon the commission by Chapters 4121., 4123., 3932
4127., and 4131. of the Revised Code;3933

       (7) Approve all contracts for special services.3934

       (D) The chairperson is responsible for all administrative 3935
matters and may secure for the commission facilities, equipment, 3936
and supplies necessary to house the commission, any employees, and 3937
files and records under the commission's control and to discharge 3938
any duty imposed upon the commission by law, the expense thereof 3939
to be audited and paid in the same manner as other state expenses. 3940
For that purpose, the chairperson, separately from the budget 3941
prepared by the administrator of workers' compensation and the 3942
budget prepared by the director of the workers' compensation 3943
council, shall prepare and submit to the office of budget and 3944
management a budget for each biennium according to sections 3945
101.532 and 107.03 of the Revised Code. The budget submitted shall 3946
cover the costs of the commission and staff and district hearing 3947
officers in the discharge of any duty imposed upon the 3948
chairperson, the commission, and hearing officers by law.3949

       (E) A majority of the commission constitutes a quorum to 3950
transact business. No vacancy impairs the rights of the remaining 3951
members to exercise all of the powers of the commission, so long 3952
as a majority remains. Any investigation, inquiry, or hearing that 3953
the commission may hold or undertake may be held or undertaken by 3954
or before any one member of the commission, or before one of the 3955
deputies of the commission, except as otherwise provided in this 3956
chapter and Chapters 4123., 4127., and 4131. of the Revised Code. 3957
Every order made by a member, or by a deputy, when approved and 3958
confirmed by a majority of the members, and so shown on its record 3959
of proceedings, is the order of the commission. The commission may 3960
hold sessions at any place within the state. The commission is 3961
responsible for all of the following:3962

       (1) Establishing the overall adjudicatory policy and 3963
management of the commission under this chapter and Chapters 3964
4123., 4127., and 4131. of the Revised Code, except for those 3965
administrative matters within the jurisdiction of the chairperson, 3966
bureau of workers' compensation, and the administrator of workers' 3967
compensation under those chapters;3968

       (2) Hearing appeals and reconsiderations under this chapter 3969
and Chapters 4123., 4127., and 4131. of the Revised Code;3970

       (3) Engaging in rulemaking where required by this chapter or 3971
Chapter 4123., 4127., or 4131. of the Revised Code.3972

       Sec. 4121.121.  (A) There is hereby created the bureau of 3973
workers' compensation, which shall be administered by the 3974
administrator of workers' compensation. A person appointed to the 3975
position of administrator shall possess significant management 3976
experience in effectively managing an organization or 3977
organizations of substantial size and complexity. A person 3978
appointed to the position of administrator also shall possess a 3979
minimum of five years of experience in the field of workers' 3980
compensation insurance or in another insurance industry, except as 3981
otherwise provided when the conditions specified in division (C) 3982
of this section are satisfied. The governor shall appoint the 3983
administrator as provided in section 121.03 of the Revised Code, 3984
and the administrator shall serve at the pleasure of the governor. 3985
The governor shall fix the administrator's salary on the basis of 3986
the administrator's experience and the administrator's 3987
responsibilities and duties under this chapter and Chapters 4123., 3988
4125., 4127., 4131., and 4167. of the Revised Code. The governor 3989
shall not appoint to the position of administrator any person who 3990
has, or whose spouse has, given a contribution to the campaign 3991
committee of the governor in an amount greater than one thousand 3992
dollars during the two-year period immediately preceding the date 3993
of the appointment of the administrator.3994

       The administrator shall hold no other public office and shall 3995
devote full time to the duties of administrator. Before entering 3996
upon the duties of the office, the administrator shall take an 3997
oath of office as required by sections 3.22 and 3.23 of the 3998
Revised Code, and shall file in the office of the secretary of 3999
state, a bond signed by the administrator and by surety approved 4000
by the governor, for the sum of fifty thousand dollars payable to 4001
the state, conditioned upon the faithful performance of the 4002
administrator's duties.4003

       (B) The administrator is responsible for the management of 4004
the bureau and for the discharge of all administrative duties 4005
imposed upon the administrator in this chapter and Chapters 4123., 4006
4125., 4127., 4131., and 4167. of the Revised Code, and in the 4007
discharge thereof shall do all of the following:4008

       (1) Perform all acts and exercise all authorities and powers, 4009
discretionary and otherwise that are required of or vested in the 4010
bureau or any of its employees in this chapter and Chapters 4123., 4011
4125., 4127., 4131., and 4167. of the Revised Code, except the 4012
acts and the exercise of authority and power that is required of 4013
and vested in the bureau of workers' compensation board of 4014
directors or the industrial commission pursuant to those chapters. 4015
The treasurer of state shall honor all warrants signed by the 4016
administrator, or by one or more of the administrator's employees, 4017
authorized by the administrator in writing, or bearing the 4018
facsimile signature of the administrator or such employee under 4019
sections 4123.42 and 4123.44 of the Revised Code.4020

       (2) Employ, direct, and supervise all employees required in 4021
connection with the performance of the duties assigned to the 4022
bureau by this chapter and Chapters 4123., 4125., 4127., 4131., 4023
and 4167. of the Revised Code, including an actuary, and may 4024
establish job classification plans and compensation for all 4025
employees of the bureau provided that this grant of authority 4026
shall not be construed as affecting any employee for whom the 4027
state employment relations board has established an appropriate 4028
bargaining unit under section 4117.06 of the Revised Code. All 4029
positions of employment in the bureau are in the classified civil 4030
service except those employees the administrator may appoint to 4031
serve at the administrator's pleasure in the unclassified civil 4032
service pursuant to section 124.11 of the Revised Code. The 4033
administrator shall fix the salaries of employees the 4034
administrator appoints to serve at the administrator's pleasure, 4035
including the chief operating officer, staff physicians, and other 4036
senior management personnel of the bureau and shall establish the 4037
compensation of staff attorneys of the bureau's legal section and 4038
their immediate supervisors, and take whatever steps are necessary 4039
to provide adequate compensation for other staff attorneys.4040

       The administrator may appoint a person who holds a certified 4041
position in the classified service within the bureau to a position 4042
in the unclassified service within the bureau. A person appointed 4043
pursuant to this division to a position in the unclassified 4044
service shall retain the right to resume the position and status 4045
held by the person in the classified service immediately prior to 4046
the person's appointment in the unclassified service, regardless 4047
of the number of positions the person held in the unclassified 4048
service. An employee's right to resume a position in the 4049
classified service may only be exercised when the administrator 4050
demotes the employee to a pay range lower than the employee's 4051
current pay range or revokes the employee's appointment to the 4052
unclassified service. An employee forfeits the right to resume a 4053
position in the classified service when the employee is removed 4054
from the position in the unclassified service due to incompetence, 4055
inefficiency, dishonesty, drunkenness, immoral conduct, 4056
insubordination, discourteous treatment of the public, neglect of 4057
duty, violation of this chapter or Chapter 124., 4123., 4125., 4058
4127., 4131., or 4167. of the Revised Code, violation of the rules 4059
of the director of administrative services or the administrator, 4060
any other failure of good behavior, any other acts of misfeasance, 4061
malfeasance, or nonfeasance in office, or conviction of a felony. 4062
An employee also forfeits the right to resume a position in the 4063
classified service upon transfer to a different agency.4064

       Reinstatement to a position in the classified service shall 4065
be to a position substantially equal to that position in the 4066
classified service held previously, as certified by the department 4067
of administrative services. If the position the person previously 4068
held in the classified service has been placed in the unclassified 4069
service or is otherwise unavailable, the person shall be appointed 4070
to a position in the classified service within the bureau that the 4071
director of administrative services certifies is comparable in 4072
compensation to the position the person previously held in the 4073
classified service. Service in the position in the unclassified 4074
service shall be counted as service in the position in the 4075
classified service held by the person immediately prior to the 4076
person's appointment in the unclassified service. When a person is 4077
reinstated to a position in the classified service as provided in 4078
this division, the person is entitled to all rights, status, and 4079
benefits accruing to the position during the person's time of 4080
service in the position in the unclassified service.4081

       (3) Reorganize the work of the bureau, its sections, 4082
departments, and offices to the extent necessary to achieve the 4083
most efficient performance of its functions and to that end may 4084
establish, change, or abolish positions and assign and reassign 4085
duties and responsibilities of every employee of the bureau. All 4086
persons employed by the commission in positions that, after 4087
November 3, 1989, are supervised and directed by the administrator 4088
under this section are transferred to the bureau in their 4089
respective classifications but subject to reassignment and 4090
reclassification of position and compensation as the administrator 4091
determines to be in the interest of efficient administration. The 4092
civil service status of any person employed by the commission is 4093
not affected by this section. Personnel employed by the bureau or 4094
the commission who are subject to Chapter 4117. of the Revised 4095
Code shall retain all of their rights and benefits conferred 4096
pursuant to that chapter as it presently exists or is hereafter 4097
amended and nothing in this chapter or Chapter 4123. of the 4098
Revised Code shall be construed as eliminating or interfering with 4099
Chapter 4117. of the Revised Code or the rights and benefits 4100
conferred under that chapter to public employees or to any 4101
bargaining unit.4102

       (4) Provide offices, equipment, supplies, and other 4103
facilities for the bureau.4104

       (5) Prepare and submit to the board information the 4105
administrator considers pertinent or the board requires, together 4106
with the administrator's recommendations, in the form of 4107
administrative rules, for the advice and consent of the board, for 4108
classifications of occupations or industries, for premium rates 4109
and contributions, for the amount to be credited to the surplus 4110
fund, for rules and systems of rating, rate revisions, and merit 4111
rating. The administrator shall obtain, prepare, and submit any 4112
other information the board requires for the prompt and efficient 4113
discharge of its duties.4114

       (6) Keep the accounts required by division (A) of section 4115
4123.34 of the Revised Code and all other accounts and records 4116
necessary to the collection, administration, and distribution of 4117
the workers' compensation funds and shall obtain the statistical 4118
and other information required by section 4123.19 of the Revised 4119
Code.4120

       (7) Exercise the investment powers vested in the 4121
administrator by section 4123.44 of the Revised Code in accordance 4122
with the investment policy approved by the board pursuant to 4123
section 4121.12 of the Revised Code and in consultation with the 4124
chief investment officer of the bureau of workers' compensation. 4125
The administrator shall not engage in any prohibited investment 4126
activity specified by the board pursuant to division (F)(9) of 4127
section 4121.12 of the Revised Code and shall not invest in any 4128
type of investment specified in divisions (B)(1) to (10) of 4129
section 4123.442 of the Revised Code. All business shall be 4130
transacted, all funds invested, all warrants for money drawn and 4131
payments made, and all cash and securities and other property 4132
held, in the name of the bureau, or in the name of its nominee, 4133
provided that nominees are authorized by the administrator solely 4134
for the purpose of facilitating the transfer of securities, and 4135
restricted to the administrator and designated employees.4136

       (8) Make contracts for and supervise the construction of any 4137
project or improvement or the construction or repair of buildings 4138
under the control of the bureau.4139

       (9) Purchase supplies, materials, equipment, and services; 4140
make contracts for, operate, and superintend the telephone, other 4141
telecommunication, and computer services for the use of the 4142
bureau; and make contracts in connection with office reproduction, 4143
forms management, printing, and other services. Notwithstanding 4144
sections 125.12 to 125.14 of the Revised Code, the administrator 4145
may transfer surplus computers and computer equipment directly to 4146
an accredited public school within the state. The computers and 4147
computer equipment may be repaired or refurbished prior to the 4148
transfer.4149

       (10) Prepare and submit to the board an annual budget for 4150
internal operating purposes for the board's approval. The 4151
administrator also shall, separately from the budget the 4152
industrial commission submits and from the budget the director of 4153
the workers' compensation council submits, prepare and submit to 4154
the director of budget and management a budget for each biennium. 4155
The budgets submitted to the board and the director shall include 4156
estimates of the costs and necessary expenditures of the bureau in 4157
the discharge of any duty imposed by law.4158

       (11) As promptly as possible in the course of efficient 4159
administration, decentralize and relocate such of the personnel 4160
and activities of the bureau as is appropriate to the end that the 4161
receipt, investigation, determination, and payment of claims may 4162
be undertaken at or near the place of injury or the residence of 4163
the claimant and for that purpose establish regional offices, in 4164
such places as the administrator considers proper, capable of 4165
discharging as many of the functions of the bureau as is 4166
practicable so as to promote prompt and efficient administration 4167
in the processing of claims. All active and inactive lost-time 4168
claims files shall be held at the service office responsible for 4169
the claim. A claimant, at the claimant's request, shall be 4170
provided with information by telephone as to the location of the 4171
file pertaining to the claimant's claim. The administrator shall 4172
ensure that all service office employees report directly to the 4173
director for their service office.4174

       (12) Provide a written binder on new coverage where the 4175
administrator considers it to be in the best interest of the risk. 4176
The administrator, or any other person authorized by the 4177
administrator, shall grant the binder upon submission of a request 4178
for coverage by the employer. A binder is effective for a period 4179
of thirty days from date of issuance and is nonrenewable. Payroll 4180
reports and premium charges shall coincide with the effective date 4181
of the binder.4182

       (13) Set standards for the reasonable and maximum handling 4183
time of claims payment functions, ensure, by rules, the impartial 4184
and prompt treatment of all claims and employer risk accounts, and 4185
establish a secure, accurate method of time stamping all incoming 4186
mail and documents hand delivered to bureau employees.4187

       (14) Ensure that all employees of the bureau follow the 4188
orders and rules of the commission as such orders and rules relate 4189
to the commission's overall adjudicatory policy-making and 4190
management duties under this chapter and Chapters 4123., 4127., 4191
and 4131. of the Revised Code.4192

       (15) Manage and operate a data processing system with a 4193
common data base for the use of both the bureau and the commission 4194
and, in consultation with the commission, using electronic data 4195
processing equipment, shall develop a claims tracking system that 4196
is sufficient to monitor the status of a claim at any time and 4197
that lists appeals that have been filed and orders or 4198
determinations that have been issued pursuant to section 4123.511 4199
or 4123.512 of the Revised Code, including the dates of such 4200
filings and issuances.4201

       (16) Establish and maintain a medical section within the 4202
bureau. The medical section shall do all of the following:4203

       (a) Assist the administrator in establishing standard medical 4204
fees, approving medical procedures, and determining eligibility 4205
and reasonableness of the compensation payments for medical, 4206
hospital, and nursing services, and in establishing guidelines for 4207
payment policies which recognize usual, customary, and reasonable 4208
methods of payment for covered services;4209

       (b) Provide a resource to respond to questions from claims 4210
examiners for employees of the bureau;4211

       (c) Audit fee bill payments;4212

       (d) Implement a program to utilize, to the maximum extent 4213
possible, electronic data processing equipment for storage of 4214
information to facilitate authorizations of compensation payments 4215
for medical, hospital, drug, and nursing services;4216

       (e) Perform other duties assigned to it by the administrator.4217

       (17) Appoint, as the administrator determines necessary, 4218
panels to review and advise the administrator on disputes arising 4219
over a determination that a health care service or supply provided 4220
to a claimant is not covered under this chapter or Chapter 4123., 4221
4127., or 4131. of the Revised Code or is medically unnecessary. 4222
If an individual health care provider is involved in the dispute, 4223
the panel shall consist of individuals licensed pursuant to the 4224
same section of the Revised Code as such health care provider.4225

       (18) Pursuant to section 4123.65 of the Revised Code, approve 4226
applications for the final settlement of claims for compensation 4227
or benefits under this chapter and Chapters 4123., 4127., and 4228
4131. of the Revised Code as the administrator determines 4229
appropriate, except in regard to the applications of self-insuring 4230
employers and their employees.4231

       (19) Comply with section 3517.13 of the Revised Code, and 4232
except in regard to contracts entered into pursuant to the 4233
authority contained in section 4121.44 of the Revised Code, comply 4234
with the competitive bidding procedures set forth in the Revised 4235
Code for all contracts into which the administrator enters 4236
provided that those contracts fall within the type of contracts 4237
and dollar amounts specified in the Revised Code for competitive 4238
bidding and further provided that those contracts are not 4239
otherwise specifically exempt from the competitive bidding 4240
procedures contained in the Revised Code.4241

       (20) Adopt, with the advice and consent of the board, rules 4242
for the operation of the bureau.4243

       (21) Prepare and submit to the board information the 4244
administrator considers pertinent or the board requires, together 4245
with the administrator's recommendations, in the form of 4246
administrative rules, for the advice and consent of the board, for 4247
the health partnership program and the qualified health plan 4248
system, as provided in sections 4121.44, 4121.441, and 4121.442 of 4249
the Revised Code.4250

       (C) The administrator, with the advice and consent of the 4251
senate, shall appoint a chief operating officer who has a minimum 4252
of five years of experience in the field of workers' compensation 4253
insurance or in another similar insurance industry if the 4254
administrator does not possess such experience. The chief 4255
operating officer shall not commence the chief operating officer's 4256
duties until after the senate consents to the chief operating 4257
officer's appointment. The chief operating officer shall serve in 4258
the unclassified civil service of the state.4259

       Sec. 4121.77.  The workers' compensation council shall 4260
appoint a director to manage and direct the duties of the staff of 4261
the council. The director shall serve at the pleasure of the 4262
council. The director shall be a person who has had training and 4263
experience in areas related to the duties of the council.4264

        The council may authorize the director to employ 4265
professional, technical, and clerical staff as necessary, and 4266
employ or hire on a consulting basis persons to provide actuarial, 4267
legal, investment, or other technical services required for the 4268
performance of the council's duties. All employees of the council 4269
are in the unclassified civil service as described in section 4270
124.11 of the Revised Code and the staff serve at the pleasure of 4271
the director. For purposes of sections 718.04 and 4117.01 of the 4272
Revised Code, employees of the council shall be considered 4273
employees of the general assembly.4274

        The council shall fix the compensation of the director. The 4275
director shall fix the compensation of all other employees of the 4276
council and, notwithstanding section 124.18 of the Revised Code, 4277
shall adopt policies relating to payment for overtime, granting of 4278
compensatory time off, utilizing flexible hours, and working on 4279
holidays and compensation for holiday work.4280

       The council may do any of the following:4281

       (A) Require the members of the industrial commission, bureau 4282
of workers' compensation board of directors, workers' compensation 4283
audit committee, workers' compensation actuarial committee, and 4284
workers' compensation investment committee, the administrator of 4285
workers' compensation, and employees of the industrial commission 4286
and the bureau of workers' compensation, and any agency or 4287
official of this state or its political subdivisions to provide 4288
the council with any information necessary to carry out its 4289
duties;4290

       (B) Administer oaths and hold public hearings at times and 4291
places within the state as necessary to accomplish the purposes of 4292
sections 4121.75 to 4121.794121.78 of the Revised Code;4293

       (C) Establish regular reporting requirements for any report 4294
that the chairperson of the industrial commission, chairperson of 4295
the board, members of the committees specified in division (A) of 4296
this section, and the administrator are required to submit to the 4297
council;4298

       (D) Request that the auditor of state perform or contract for 4299
the performance of a financial or special audit of the bureau;4300

       (E) Request that the auditor of state perform or contract for 4301
the performance of a special or fiduciary audit of the workers' 4302
compensation system.4303

       Sec. 4123.341.  The administrative costs of the industrial 4304
commission, the workers' compensation council, the bureau of 4305
workers' compensation board of directors, and the bureau of 4306
workers' compensation shall be those costs and expenses that are 4307
incident to the discharge of the duties and performance of the 4308
activities of the industrial commission, the council, the board, 4309
and the bureau under this chapter and Chapters 4121., 4125., 4310
4127., 4131., and 4167. of the Revised Code, and all such costs 4311
shall be borne by the state and by other employers amenable to 4312
this chapter as follows:4313

       (A) In addition to the contribution required of the state 4314
under sections 4123.39 and 4123.40 of the Revised Code, the state 4315
shall contribute the sum determined to be necessary under section 4316
4123.342 of the Revised Code.4317

       (B) The director of budget and management may allocate the 4318
state's share of contributions in the manner the director finds 4319
most equitably apportions the costs.4320

       (C) The counties and taxing districts therein shall 4321
contribute such sum as may be required under section 4123.342 of 4322
the Revised Code.4323

       (D) The private employers shall contribute the sum required 4324
under section 4123.342 of the Revised Code.4325

       Sec. 4123.342.  (A) The administrator of workers' 4326
compensation shall allocate among counties and taxing districts 4327
therein as a class, the state and its instrumentalities as a 4328
class, private employers who are insured under the private fund as 4329
a class, and self-insuring employers as a class their fair shares 4330
of the administrative costs which are to be borne by such 4331
employers under division (D) of section 4123.341 of the Revised 4332
Code, separately allocating to each class those costs solely 4333
attributable to the activities of the industrial commission, those 4334
costs solely attributable to the activities of the workers' 4335
compensation council, and those costs solely attributable to the 4336
activities of the bureau of workers' compensation board of 4337
directors, and the bureau of workers' compensation in respect of 4338
the class, allocating to any combination of classes those costs 4339
attributable to the activities of the industrial commission, 4340
council, board, or bureau in respect of the classes, and 4341
allocating to all four classes those costs attributable to the 4342
activities of the industrial commission, council, board, and 4343
bureau in respect of all classes. The administrator shall 4344
separately calculate each employer's assessment in the class, 4345
except self-insuring employers, on the basis of the following 4346
three factors: payroll, paid compensation, and paid medical costs 4347
of the employer for those costs solely attributable to the 4348
activities of the board and the bureau. The administrator shall 4349
separately calculate each employer's assessment in the class, 4350
except self-insuring employers, on the basis of the following 4351
three factors: payroll, paid compensation, and paid medical costs 4352
of the employer for those costs solely attributable to the 4353
activities of the industrial commission. The administrator shall 4354
separately calculate each employer's assessment in the class, 4355
except self-insuring employers, on the basis of the following 4356
three factors: payroll, paid compensation, and paid medical costs 4357
of the employer for those costs solely attributable to the 4358
activities of the council. The administrator shall separately 4359
calculate each self-insuring employer's assessment in accordance 4360
with section 4123.35 of the Revised Code for those costs solely 4361
attributable to the activities of the board and the bureau. The 4362
administrator shall separately calculate each self-insuring 4363
employer's assessment in accordance with section 4123.35 of the 4364
Revised Code for those costs solely attributable to the activities 4365
of the industrial commission. The administrator shall separately 4366
calculate each self-insuring employer's assessment in accordance 4367
with section 4123.35 of the Revised Code for those costs solely 4368
attributable to the activities of the council. In a timely manner, 4369
the industrial commission shall provide to the administrator, the 4370
information necessary for the administrator to allocate and 4371
calculate, with the approval of the chairperson of the industrial 4372
commission, for each class of employer as described in this 4373
division, the costs solely attributable to the activities of the 4374
industrial commission. In a timely manner, the director of the 4375
workers' compensation council shall submit to the administrator 4376
the information necessary for the administrator to allocate and 4377
calculate, with the approval of the director, for each class of 4378
employer as described in this division, the costs solely 4379
attributable to the activities of the council.4380

       (B) The administrator shall divide the administrative cost 4381
assessments collected by the administrator into threetwo4382
administrative assessment accounts within the state insurance 4383
fund. One of the administrative assessment accounts shall consist 4384
of the administrative cost assessment collected by the 4385
administrator for the industrial commission. One of the 4386
administrative assessment accounts shall consist of the 4387
administrative cost assessment collected by the administrator for 4388
the council. One of the administrative assessment accounts shall 4389
consist of the administrative cost assessments collected by the 4390
administrator for the bureau and the board. The administrator may 4391
invest the administrative cost assessments in these accounts on 4392
behalf of the bureau, the council, and the industrial commission 4393
as authorized in section 4123.44 of the Revised Code. In a timely 4394
manner, the administrator shall provide to the industrial 4395
commission and the council the information and reports the 4396
commission or council, as applicable, deems necessary for the 4397
commission or the council, as applicable, to monitor the receipts 4398
and the disbursements from the administrative assessment account 4399
for the industrial commission or the administrative assessment 4400
account for the council, as applicable.4401

       (C) The administrator or the administrator's designee shall 4402
transfer moneys as necessary from the administrative assessment 4403
account identified for the bureau and the board to the workers' 4404
compensation fund for the use of the bureau and the board. As 4405
necessary and upon the authorization of the industrial commission, 4406
the administrator or the administrator's designee shall transfer 4407
moneys from the administrative assessment account identified for 4408
the industrial commission to the industrial commission operating 4409
fund created under section 4121.021 of the Revised Code. To the 4410
extent that the moneys collected by the administrator in any 4411
fiscal biennium of the state equal the sum appropriated by the 4412
general assembly for administrative costs of the industrial 4413
commission, board, and bureau for the biennium and the 4414
administrative costs approved by the workers' compensation 4415
council, the moneys shall be paid into the workers' compensation 4416
fund, the industrial commission operating fund of the state, the 4417
workers' compensation council fund, and the workers' compensation 4418
council remuneration fund, as appropriate, and any remainder shall 4419
be retained in those funds and applied to reduce the amount 4420
collected during the next biennium. 4421

       (D) As necessary and upon authorization of the director of 4422
the council, the administrator or the administrator's designee 4423
shall transfer moneys from the administrative assessment account 4424
identified for the council to the workers' compensation council 4425
fund created in division (C) of section 4121.79 of the Revised 4426
Code.4427

       (E) Sections 4123.41, 4123.35, and 4123.37 of the Revised 4428
Code apply to the collection of assessments from public and 4429
private employers respectively, except that for boards of county 4430
hospital trustees that are self-insuring employers, only those 4431
provisions applicable to the collection of assessments for private 4432
employers apply.4433

       Sec. 4123.35.  (A) Except as provided in this section, every 4434
employer mentioned in division (B)(2) of section 4123.01 of the 4435
Revised Code, and every publicly owned utility shall pay 4436
semiannually in the months of January and July into the state 4437
insurance fund the amount of annual premium the administrator of 4438
workers' compensation fixes for the employment or occupation of 4439
the employer, the amount of which premium to be paid by each 4440
employer to be determined by the classifications, rules, and rates 4441
made and published by the administrator. The employer shall pay 4442
semiannually a further sum of money into the state insurance fund 4443
as may be ascertained to be due from the employer by applying the 4444
rules of the administrator, and a receipt or certificate 4445
certifying that payment has been made, along with a written notice 4446
as is required in section 4123.54 of the Revised Code, shall be 4447
mailed immediately to the employer by the bureau of workers' 4448
compensation. The receipt or certificate is prima-facie evidence 4449
of the payment of the premium, and the proper posting of the 4450
notice constitutes the employer's compliance with the notice 4451
requirement mandated in section 4123.54 of the Revised Code.4452

       The bureau of workers' compensation shall verify with the 4453
secretary of state the existence of all corporations and 4454
organizations making application for workers' compensation 4455
coverage and shall require every such application to include the 4456
employer's federal identification number.4457

       An employer as defined in division (B)(2) of section 4123.01 4458
of the Revised Code who has contracted with a subcontractor is 4459
liable for the unpaid premium due from any subcontractor with 4460
respect to that part of the payroll of the subcontractor that is 4461
for work performed pursuant to the contract with the employer.4462

       Division (A) of this section providing for the payment of 4463
premiums semiannually does not apply to any employer who was a 4464
subscriber to the state insurance fund prior to January 1, 1914, 4465
or who may first become a subscriber to the fund in any month 4466
other than January or July. Instead, the semiannual premiums shall 4467
be paid by those employers from time to time upon the expiration 4468
of the respective periods for which payments into the fund have 4469
been made by them.4470

       The administrator shall adopt rules to permit employers to 4471
make periodic payments of the semiannual premium due under this 4472
division. The rules shall include provisions for the assessment of 4473
interest charges, where appropriate, and for the assessment of 4474
penalties when an employer fails to make timely premium payments. 4475
An employer who timely pays the amounts due under this division is 4476
entitled to all of the benefits and protections of this chapter. 4477
Upon receipt of payment, the bureau immediately shall mail a 4478
receipt or certificate to the employer certifying that payment has 4479
been made, which receipt is prima-facie evidence of payment. 4480
Workers' compensation coverage under this chapter continues 4481
uninterrupted upon timely receipt of payment under this division.4482

       Every public employer, except public employers that are 4483
self-insuring employers under this section, shall comply with 4484
sections 4123.38 to 4123.41, and 4123.48 of the Revised Code in 4485
regard to the contribution of moneys to the public insurance fund.4486

       (B) Employers who will abide by the rules of the 4487
administrator and who may be of sufficient financial ability to 4488
render certain the payment of compensation to injured employees or 4489
the dependents of killed employees, and the furnishing of medical, 4490
surgical, nursing, and hospital attention and services and 4491
medicines, and funeral expenses, equal to or greater than is 4492
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64 4493
to 4123.67 of the Revised Code, and who do not desire to insure 4494
the payment thereof or indemnify themselves against loss sustained 4495
by the direct payment thereof, upon a finding of such facts by the 4496
administrator, may be granted the privilege to pay individually 4497
compensation, and furnish medical, surgical, nursing, and hospital 4498
services and attention and funeral expenses directly to injured 4499
employees or the dependents of killed employees, thereby being 4500
granted status as a self-insuring employer. The administrator may 4501
charge employers who apply for the status as a self-insuring 4502
employer a reasonable application fee to cover the bureau's costs 4503
in connection with processing and making a determination with 4504
respect to an application.4505

       All employers granted status as self-insuring employers shall 4506
demonstrate sufficient financial and administrative ability to 4507
assure that all obligations under this section are promptly met. 4508
The administrator shall deny the privilege where the employer is 4509
unable to demonstrate the employer's ability to promptly meet all 4510
the obligations imposed on the employer by this section.4511

       (1) The administrator shall consider, but is not limited to, 4512
the following factors, where applicable, in determining the 4513
employer's ability to meet all of the obligations imposed on the 4514
employer by this section:4515

       (a) The employer employs a minimum of five hundred employees 4516
in this state;4517

       (b) The employer has operated in this state for a minimum of 4518
two years, provided that an employer who has purchased, acquired, 4519
or otherwise succeeded to the operation of a business, or any part 4520
thereof, situated in this state that has operated for at least two 4521
years in this state, also shall qualify;4522

       (c) Where the employer previously contributed to the state 4523
insurance fund or is a successor employer as defined by bureau 4524
rules, the amount of the buyout, as defined by bureau rules;4525

       (d) The sufficiency of the employer's assets located in this 4526
state to insure the employer's solvency in paying compensation 4527
directly;4528

       (e) The financial records, documents, and data, certified by 4529
a certified public accountant, necessary to provide the employer's 4530
full financial disclosure. The records, documents, and data 4531
include, but are not limited to, balance sheets and profit and 4532
loss history for the current year and previous four years.4533

       (f) The employer's organizational plan for the administration 4534
of the workers' compensation law;4535

       (g) The employer's proposed plan to inform employees of the 4536
change from a state fund insurer to a self-insuring employer, the 4537
procedures the employer will follow as a self-insuring employer, 4538
and the employees' rights to compensation and benefits; and4539

       (h) The employer has either an account in a financial 4540
institution in this state, or if the employer maintains an account 4541
with a financial institution outside this state, ensures that 4542
workers' compensation checks are drawn from the same account as 4543
payroll checks or the employer clearly indicates that payment will 4544
be honored by a financial institution in this state.4545

       The administrator may waive the requirements of divisions 4546
(B)(1)(a) and (b) of this section and the requirement of division 4547
(B)(1)(e) of this section that the financial records, documents, 4548
and data be certified by a certified public accountant. The 4549
administrator shall adopt rules establishing the criteria that an 4550
employer shall meet in order for the administrator to waive the 4551
requirement of division (B)(1)(e) of this section. Such rules may 4552
require additional security of that employer pursuant to division 4553
(E) of section 4123.351 of the Revised Code.4554

       The administrator shall not grant the status of self-insuring 4555
employer to the state, except that the administrator may grant the 4556
status of self-insuring employer to a state institution of higher 4557
education, excluding its hospitals, that meets the requirements of 4558
division (B)(2) of this section.4559

       (2) When considering the application of a public employer, 4560
except for a board of county commissioners described in division 4561
(G) of section 4123.01 of the Revised Code, a board of a county 4562
hospital, or a publicly owned utility, the administrator shall 4563
verify that the public employer satisfies all of the following 4564
requirements as the requirements apply to that public employer:4565

       (a) For the two-year period preceding application under this 4566
section, the public employer has maintained an unvoted debt 4567
capacity equal to at least two times the amount of the current 4568
annual premium established by the administrator under this chapter 4569
for that public employer for the year immediately preceding the 4570
year in which the public employer makes application under this 4571
section.4572

       (b) For each of the two fiscal years preceding application 4573
under this section, the unreserved and undesignated year-end fund 4574
balance in the public employer's general fund is equal to at least 4575
five per cent of the public employer's general fund revenues for 4576
the fiscal year computed in accordance with generally accepted 4577
accounting principles.4578

       (c) For the five-year period preceding application under this 4579
section, the public employer, to the extent applicable, has 4580
complied fully with the continuing disclosure requirements 4581
established in rules adopted by the United States securities and 4582
exchange commission under 17 C.F.R. 240.15c 2-12.4583

       (d) For the five-year period preceding application under this 4584
section, the public employer has not had its local government fund 4585
distribution withheld on account of the public employer being 4586
indebted or otherwise obligated to the state.4587

       (e) For the five-year period preceding application under this 4588
section, the public employer has not been under a fiscal watch or 4589
fiscal emergency pursuant to section 118.023, 118.04, or 3316.03 4590
of the Revised Code.4591

       (f) For the public employer's fiscal year preceding 4592
application under this section, the public employer has obtained 4593
an annual financial audit as required under section 117.10 of the 4594
Revised Code, which has been released by the auditor of state 4595
within seven months after the end of the public employer's fiscal 4596
year.4597

       (g) On the date of application, the public employer holds a 4598
debt rating of Aa3 or higher according to Moody's investors 4599
service, inc., or a comparable rating by an independent rating 4600
agency similar to Moody's investors service, inc.4601

       (h) The public employer agrees to generate an annual 4602
accumulating book reserve in its financial statements reflecting 4603
an actuarially generated reserve adequate to pay projected claims 4604
under this chapter for the applicable period of time, as 4605
determined by the administrator.4606

       (i) For a public employer that is a hospital, the public 4607
employer shall submit audited financial statements showing the 4608
hospital's overall liquidity characteristics, and the 4609
administrator shall determine, on an individual basis, whether the 4610
public employer satisfies liquidity standards equivalent to the 4611
liquidity standards of other public employers.4612

       (j) Any additional criteria that the administrator adopts by 4613
rule pursuant to division (E) of this section.4614

       The administrator shall not approve the application of a 4615
public employer, except for a board of county commissioners 4616
described in division (G) of section 4123.01 of the Revised Code, 4617
a board of a county hospital, or publicly owned utility, who does 4618
not satisfy all of the requirements listed in division (B)(2) of 4619
this section.4620

       (C) A board of county commissioners described in division (G) 4621
of section 4123.01 of the Revised Code, as an employer, that will 4622
abide by the rules of the administrator and that may be of 4623
sufficient financial ability to render certain the payment of 4624
compensation to injured employees or the dependents of killed 4625
employees, and the furnishing of medical, surgical, nursing, and 4626
hospital attention and services and medicines, and funeral 4627
expenses, equal to or greater than is provided for in sections 4628
4123.52, 4123.55 to 4123.62, and 4123.64 to 4123.67 of the Revised 4629
Code, and that does not desire to insure the payment thereof or 4630
indemnify itself against loss sustained by the direct payment 4631
thereof, upon a finding of such facts by the administrator, may be 4632
granted the privilege to pay individually compensation, and 4633
furnish medical, surgical, nursing, and hospital services and 4634
attention and funeral expenses directly to injured employees or 4635
the dependents of killed employees, thereby being granted status 4636
as a self-insuring employer. The administrator may charge a board 4637
of county commissioners described in division (G) of section 4638
4123.01 of the Revised Code that applies for the status as a 4639
self-insuring employer a reasonable application fee to cover the 4640
bureau's costs in connection with processing and making a 4641
determination with respect to an application. All employers 4642
granted such status shall demonstrate sufficient financial and 4643
administrative ability to assure that all obligations under this 4644
section are promptly met. The administrator shall deny the 4645
privilege where the employer is unable to demonstrate the 4646
employer's ability to promptly meet all the obligations imposed on 4647
the employer by this section. The administrator shall consider, 4648
but is not limited to, the following factors, where applicable, in 4649
determining the employer's ability to meet all of the obligations 4650
imposed on the board as an employer by this section:4651

       (1) The board as an employer employs a minimum of five 4652
hundred employees in this state;4653

       (2) The board has operated in this state for a minimum of two 4654
years;4655

       (3) Where the board previously contributed to the state 4656
insurance fund or is a successor employer as defined by bureau 4657
rules, the amount of the buyout, as defined by bureau rules;4658

       (4) The sufficiency of the board's assets located in this 4659
state to insure the board's solvency in paying compensation 4660
directly;4661

       (5) The financial records, documents, and data, certified by 4662
a certified public accountant, necessary to provide the board's 4663
full financial disclosure. The records, documents, and data 4664
include, but are not limited to, balance sheets and profit and 4665
loss history for the current year and previous four years.4666

       (6) The board's organizational plan for the administration of 4667
the workers' compensation law;4668

       (7) The board's proposed plan to inform employees of the 4669
proposed self-insurance, the procedures the board will follow as a 4670
self-insuring employer, and the employees' rights to compensation 4671
and benefits;4672

       (8) The board has either an account in a financial 4673
institution in this state, or if the board maintains an account 4674
with a financial institution outside this state, ensures that 4675
workers' compensation checks are drawn from the same account as 4676
payroll checks or the board clearly indicates that payment will be 4677
honored by a financial institution in this state;4678

       (9) The board shall provide the administrator a surety bond 4679
in an amount equal to one hundred twenty-five per cent of the 4680
projected losses as determined by the administrator.4681

       (D) The administrator shall require a surety bond from all 4682
self-insuring employers, issued pursuant to section 4123.351 of 4683
the Revised Code, that is sufficient to compel, or secure to 4684
injured employees, or to the dependents of employees killed, the 4685
payment of compensation and expenses, which shall in no event be 4686
less than that paid or furnished out of the state insurance fund 4687
in similar cases to injured employees or to dependents of killed 4688
employees whose employers contribute to the fund, except when an 4689
employee of the employer, who has suffered the loss of a hand, 4690
arm, foot, leg, or eye prior to the injury for which compensation 4691
is to be paid, and thereafter suffers the loss of any other of the 4692
members as the result of any injury sustained in the course of and 4693
arising out of the employee's employment, the compensation to be 4694
paid by the self-insuring employer is limited to the disability 4695
suffered in the subsequent injury, additional compensation, if 4696
any, to be paid by the bureau out of the surplus created by 4697
section 4123.34 of the Revised Code.4698

       (E) In addition to the requirements of this section, the 4699
administrator shall make and publish rules governing the manner of 4700
making application and the nature and extent of the proof required 4701
to justify a finding of fact by the administrator as to granting 4702
the status of a self-insuring employer, which rules shall be 4703
general in their application, one of which rules shall provide 4704
that all self-insuring employers shall pay into the state 4705
insurance fund such amounts as are required to be credited to the 4706
surplus fund in division (B) of section 4123.34 of the Revised 4707
Code. The administrator may adopt rules establishing requirements 4708
in addition to the requirements described in division (B)(2) of 4709
this section that a public employer shall meet in order to qualify 4710
for self-insuring status.4711

       Employers shall secure directly from the bureau central 4712
offices application forms upon which the bureau shall stamp a 4713
designating number. Prior to submission of an application, an 4714
employer shall make available to the bureau, and the bureau shall 4715
review, the information described in division (B)(1) of this 4716
section, and public employers shall make available, and the bureau 4717
shall review, the information necessary to verify whether the 4718
public employer meets the requirements listed in division (B)(2) 4719
of this section. An employer shall file the completed application 4720
forms with an application fee, which shall cover the costs of 4721
processing the application, as established by the administrator, 4722
by rule, with the bureau at least ninety days prior to the 4723
effective date of the employer's new status as a self-insuring 4724
employer. The application form is not deemed complete until all 4725
the required information is attached thereto. The bureau shall 4726
only accept applications that contain the required information.4727

       (F) The bureau shall review completed applications within a 4728
reasonable time. If the bureau determines to grant an employer the 4729
status as a self-insuring employer, the bureau shall issue a 4730
statement, containing its findings of fact, that is prepared by 4731
the bureau and signed by the administrator. If the bureau 4732
determines not to grant the status as a self-insuring employer, 4733
the bureau shall notify the employer of the determination and 4734
require the employer to continue to pay its full premium into the 4735
state insurance fund. The administrator also shall adopt rules 4736
establishing a minimum level of performance as a criterion for 4737
granting and maintaining the status as a self-insuring employer 4738
and fixing time limits beyond which failure of the self-insuring 4739
employer to provide for the necessary medical examinations and 4740
evaluations may not delay a decision on a claim.4741

       (G) The administrator shall adopt rules setting forth 4742
procedures for auditing the program of self-insuring employers. 4743
The bureau shall conduct the audit upon a random basis or whenever 4744
the bureau has grounds for believing that a self-insuring employer 4745
is not in full compliance with bureau rules or this chapter.4746

       The administrator shall monitor the programs conducted by 4747
self-insuring employers, to ensure compliance with bureau 4748
requirements and for that purpose, shall develop and issue to 4749
self-insuring employers standardized forms for use by the 4750
self-insuring employer in all aspects of the self-insuring 4751
employers' direct compensation program and for reporting of 4752
information to the bureau.4753

       The bureau shall receive and transmit to the self-insuring 4754
employer all complaints concerning any self-insuring employer. In 4755
the case of a complaint against a self-insuring employer, the 4756
administrator shall handle the complaint through the 4757
self-insurance division of the bureau. The bureau shall maintain a 4758
file by employer of all complaints received that relate to the 4759
employer. The bureau shall evaluate each complaint and take 4760
appropriate action.4761

       The administrator shall adopt as a rule a prohibition against 4762
any self-insuring employer from harassing, dismissing, or 4763
otherwise disciplining any employee making a complaint, which rule 4764
shall provide for a financial penalty to be levied by the 4765
administrator payable by the offending self-insuring employer.4766

       (H) For the purpose of making determinations as to whether to 4767
grant status as a self-insuring employer, the administrator may 4768
subscribe to and pay for a credit reporting service that offers 4769
financial and other business information about individual 4770
employers. The costs in connection with the bureau's subscription 4771
or individual reports from the service about an applicant may be 4772
included in the application fee charged employers under this 4773
section.4774

       (I) The administrator, notwithstanding other provisions of 4775
this chapter, may permit a self-insuring employer to resume 4776
payment of premiums to the state insurance fund with appropriate 4777
credit modifications to the employer's basic premium rate as such 4778
rate is determined pursuant to section 4123.29 of the Revised 4779
Code.4780

       (J) On the first day of July of each year, the administrator 4781
shall calculate separately each self-insuring employer's 4782
assessments for the safety and hygiene fund, administrative costs 4783
pursuant to section 4123.342 of the Revised Code, and for the 4784
portion of the surplus fund under division (B) of section 4123.34 4785
of the Revised Code that is not used for handicapped 4786
reimbursement, on the basis of the paid compensation attributable 4787
to the individual self-insuring employer according to the 4788
following calculation:4789

       (1) The total assessment against all self-insuring employers 4790
as a class for each fund and for the administrative costs for the 4791
year that the assessment is being made, as determined by the 4792
administrator, divided by the total amount of paid compensation 4793
for the previous calendar year attributable to all amenable 4794
self-insuring employers;4795

       (2) Multiply the quotient in division (J)(1) of this section 4796
by the total amount of paid compensation for the previous calendar 4797
year that is attributable to the individual self-insuring employer 4798
for whom the assessment is being determined. Each self-insuring 4799
employer shall pay the assessment that results from this 4800
calculation, unless the assessment resulting from this calculation 4801
falls below a minimum assessment, which minimum assessment the 4802
administrator shall determine on the first day of July of each 4803
year with the advice and consent of the bureau of workers' 4804
compensation board of directors, in which event, the self-insuring 4805
employer shall pay the minimum assessment.4806

       In determining the total amount due for the total assessment 4807
against all self-insuring employers as a class for each fund and 4808
the administrative assessment, the administrator shall reduce 4809
proportionately the total for each fund and assessment by the 4810
amount of money in the self-insurance assessment fund as of the 4811
date of the computation of the assessment.4812

       The administrator shall calculate the assessment for the 4813
portion of the surplus fund under division (B) of section 4123.34 4814
of the Revised Code that is used for handicapped reimbursement in 4815
the same manner as set forth in divisions (J)(1) and (2) of this 4816
section except that the administrator shall calculate the total 4817
assessment for this portion of the surplus fund only on the basis 4818
of those self-insuring employers that retain participation in the 4819
handicapped reimbursement program and the individual self-insuring 4820
employer's proportion of paid compensation shall be calculated 4821
only for those self-insuring employers who retain participation in 4822
the handicapped reimbursement program. The administrator, as the 4823
administrator determines appropriate, may determine the total 4824
assessment for the handicapped portion of the surplus fund in 4825
accordance with sound actuarial principles.4826

       The administrator shall calculate the assessment for the 4827
portion of the surplus fund under division (B) of section 4123.34 4828
of the Revised Code that under division (D) of section 4121.66 of 4829
the Revised Code is used for rehabilitation costs in the same 4830
manner as set forth in divisions (J)(1) and (2) of this section, 4831
except that the administrator shall calculate the total assessment 4832
for this portion of the surplus fund only on the basis of those 4833
self-insuring employers who have not made the election to make 4834
payments directly under division (D) of section 4121.66 of the 4835
Revised Code and an individual self-insuring employer's proportion 4836
of paid compensation only for those self-insuring employers who 4837
have not made that election.4838

       The administrator shall calculate the assessment for the 4839
portion of the surplus fund under division (B) of section 4123.34 4840
of the Revised Code that is used for reimbursement to a 4841
self-insuring employer under division (H) of section 4123.512 of 4842
the Revised Code in the same manner as set forth in divisions 4843
(J)(1) and (2) of this section except that the administrator shall 4844
calculate the total assessment for this portion of the surplus 4845
fund only on the basis of those self-insuring employers that 4846
retain participation in reimbursement to the self-insuring 4847
employer under division (H) of section 4123.512 of the Revised 4848
Code and the individual self-insuring employer's proportion of 4849
paid compensation shall be calculated only for those self-insuring 4850
employers who retain participation in reimbursement to the 4851
self-insuring employer under division (H) of section 4123.512 of 4852
the Revised Code.4853

       An employer who no longer is a self-insuring employer in this 4854
state or who no longer is operating in this state, shall continue 4855
to pay assessments for administrative costs and for the portion of 4856
the surplus fund under division (B) of section 4123.34 of the 4857
Revised Code that is not used for handicapped reimbursement, based 4858
upon paid compensation attributable to claims that occurred while 4859
the employer was a self-insuring employer within this state.4860

       (K) The administrator shall deposit any moneys received from 4861
a self-insuring employer for the self-insuring employer's 4862
assessment to pay the costs solely attributable to the workers' 4863
compensation council into the administrative assessment account 4864
described in division (B) of section 4123.342 of the Revised Code 4865
for the administrative cost assessment collected by the 4866
administrator for the council. There is hereby created in the 4867
state treasury the self-insurance assessment fund. All investment 4868
earnings of the fund shall be deposited in the fund. The 4869
administrator shall use the money in the self-insurance assessment 4870
fund only for administrative costs as specified in section 4871
4123.341 of the Revised Code.4872

       (L) Every self-insuring employer shall certify, in affidavit 4873
form subject to the penalty for perjury, to the bureau the amount 4874
of the self-insuring employer's paid compensation for the previous 4875
calendar year. In reporting paid compensation paid for the 4876
previous year, a self-insuring employer shall exclude from the 4877
total amount of paid compensation any reimbursement the 4878
self-insuring employer receives in the previous calendar year from 4879
the surplus fund pursuant to section 4123.512 of the Revised Code 4880
for any paid compensation. The self-insuring employer also shall 4881
exclude from the paid compensation reported any amount recovered 4882
under section 4123.931 of the Revised Code and any amount that is 4883
determined not to have been payable to or on behalf of a claimant 4884
in any final administrative or judicial proceeding. The 4885
self-insuring employer shall exclude such amounts from the paid 4886
compensation reported in the reporting period subsequent to the 4887
date the determination is made. The administrator shall adopt 4888
rules, in accordance with Chapter 119. of the Revised Code, that 4889
provide for all of the following:4890

       (1) Establishing the date by which self-insuring employers 4891
must submit such information and the amount of the assessments 4892
provided for in division (J) of this section for employers who 4893
have been granted self-insuring status within the last calendar 4894
year;4895

       (2) If an employer fails to pay the assessment when due, the 4896
administrator may add a late fee penalty of not more than five 4897
hundred dollars to the assessment plus an additional penalty 4898
amount as follows:4899

       (a) For an assessment from sixty-one to ninety days past due, 4900
the prime interest rate, multiplied by the assessment due;4901

       (b) For an assessment from ninety-one to one hundred twenty 4902
days past due, the prime interest rate plus two per cent, 4903
multiplied by the assessment due;4904

       (c) For an assessment from one hundred twenty-one to one 4905
hundred fifty days past due, the prime interest rate plus four per 4906
cent, multiplied by the assessment due;4907

       (d) For an assessment from one hundred fifty-one to one 4908
hundred eighty days past due, the prime interest rate plus six per 4909
cent, multiplied by the assessment due;4910

       (e) For an assessment from one hundred eighty-one to two 4911
hundred ten days past due, the prime interest rate plus eight per 4912
cent, multiplied by the assessment due;4913

       (f) For each additional thirty-day period or portion thereof 4914
that an assessment remains past due after it has remained past due 4915
for more than two hundred ten days, the prime interest rate plus 4916
eight per cent, multiplied by the assessment due.4917

        (3) An employer may appeal a late fee penalty and penalty 4918
assessment to the administrator.4919

        For purposes of division (L)(2) of this section, "prime 4920
interest rate" means the average bank prime rate, and the 4921
administrator shall determine the prime interest rate in the same 4922
manner as a county auditor determines the average bank prime rate 4923
under section 929.02 of the Revised Code.4924

       The administrator shall include any assessment and penalties 4925
that remain unpaid for previous assessment periods in the 4926
calculation and collection of any assessments due under this 4927
division or division (J) of this section.4928

       (M) As used in this section, "paid compensation" means all 4929
amounts paid by a self-insuring employer for living maintenance 4930
benefits, all amounts for compensation paid pursuant to sections 4931
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and 4932
4123.64 of the Revised Code, all amounts paid as wages in lieu of 4933
such compensation, all amounts paid in lieu of such compensation 4934
under a nonoccupational accident and sickness program fully funded 4935
by the self-insuring employer, and all amounts paid by a 4936
self-insuring employer for a violation of a specific safety 4937
standard pursuant to Section 35 of Article II, Ohio Constitution 4938
and section 4121.47 of the Revised Code.4939

       (N) Should any section of this chapter or Chapter 4121. of 4940
the Revised Code providing for self-insuring employers' 4941
assessments based upon compensation paid be declared 4942
unconstitutional by a final decision of any court, then that 4943
section of the Revised Code declared unconstitutional shall revert 4944
back to the section in existence prior to November 3, 1989, 4945
providing for assessments based upon payroll.4946

       (O) The administrator may grant a self-insuring employer the 4947
privilege to self-insure a construction project entered into by 4948
the self-insuring employer that is scheduled for completion within 4949
six years after the date the project begins, and the total cost of 4950
which is estimated to exceed one hundred million dollars or, for 4951
employers described in division (R) of this section, if the 4952
construction project is estimated to exceed twenty-five million 4953
dollars. The administrator may waive such cost and time criteria 4954
and grant a self-insuring employer the privilege to self-insure a 4955
construction project regardless of the time needed to complete the 4956
construction project and provided that the cost of the 4957
construction project is estimated to exceed fifty million dollars. 4958
A self-insuring employer who desires to self-insure a construction 4959
project shall submit to the administrator an application listing 4960
the dates the construction project is scheduled to begin and end, 4961
the estimated cost of the construction project, the contractors 4962
and subcontractors whose employees are to be self-insured by the 4963
self-insuring employer, the provisions of a safety program that is 4964
specifically designed for the construction project, and a 4965
statement as to whether a collective bargaining agreement 4966
governing the rights, duties, and obligations of each of the 4967
parties to the agreement with respect to the construction project 4968
exists between the self-insuring employer and a labor 4969
organization.4970

       A self-insuring employer may apply to self-insure the 4971
employees of either of the following:4972

       (1) All contractors and subcontractors who perform labor or 4973
work or provide materials for the construction project;4974

       (2) All contractors and, at the administrator's discretion, a 4975
substantial number of all the subcontractors who perform labor or 4976
work or provide materials for the construction project.4977

       Upon approval of the application, the administrator shall 4978
mail a certificate granting the privilege to self-insure the 4979
construction project to the self-insuring employer. The 4980
certificate shall contain the name of the self-insuring employer 4981
and the name, address, and telephone number of the self-insuring 4982
employer's representatives who are responsible for administering 4983
workers' compensation claims for the construction project. The 4984
self-insuring employer shall post the certificate in a conspicuous 4985
place at the site of the construction project.4986

       The administrator shall maintain a record of the contractors 4987
and subcontractors whose employees are covered under the 4988
certificate issued to the self-insured employer. A self-insuring 4989
employer immediately shall notify the administrator when any 4990
contractor or subcontractor is added or eliminated from inclusion 4991
under the certificate.4992

       Upon approval of the application, the self-insuring employer 4993
is responsible for the administration and payment of all claims 4994
under this chapter and Chapter 4121. of the Revised Code for the 4995
employees of the contractor and subcontractors covered under the 4996
certificate who receive injuries or are killed in the course of 4997
and arising out of employment on the construction project, or who 4998
contract an occupational disease in the course of employment on 4999
the construction project. For purposes of this chapter and Chapter 5000
4121. of the Revised Code, a claim that is administered and paid 5001
in accordance with this division is considered a claim against the 5002
self-insuring employer listed in the certificate. A contractor or 5003
subcontractor included under the certificate shall report to the 5004
self-insuring employer listed in the certificate, all claims that 5005
arise under this chapter and Chapter 4121. of the Revised Code in 5006
connection with the construction project for which the certificate 5007
is issued.5008

       A self-insuring employer who complies with this division is 5009
entitled to the protections provided under this chapter and 5010
Chapter 4121. of the Revised Code with respect to the employees of 5011
the contractors and subcontractors covered under a certificate 5012
issued under this division for death or injuries that arise out 5013
of, or death, injuries, or occupational diseases that arise in the 5014
course of, those employees' employment on that construction 5015
project, as if the employees were employees of the self-insuring 5016
employer, provided that the self-insuring employer also complies 5017
with this section. No employee of the contractors and 5018
subcontractors covered under a certificate issued under this 5019
division shall be considered the employee of the self-insuring 5020
employer listed in that certificate for any purposes other than 5021
this chapter and Chapter 4121. of the Revised Code. Nothing in 5022
this division gives a self-insuring employer authority to control 5023
the means, manner, or method of employment of the employees of the 5024
contractors and subcontractors covered under a certificate issued 5025
under this division.5026

       The contractors and subcontractors included under a 5027
certificate issued under this division are entitled to the 5028
protections provided under this chapter and Chapter 4121. of the 5029
Revised Code with respect to the contractor's or subcontractor's 5030
employees who are employed on the construction project which is 5031
the subject of the certificate, for death or injuries that arise 5032
out of, or death, injuries, or occupational diseases that arise in 5033
the course of, those employees' employment on that construction 5034
project.5035

       The contractors and subcontractors included under a 5036
certificate issued under this division shall identify in their 5037
payroll records the employees who are considered the employees of 5038
the self-insuring employer listed in that certificate for purposes 5039
of this chapter and Chapter 4121. of the Revised Code, and the 5040
amount that those employees earned for employment on the 5041
construction project that is the subject of that certificate. 5042
Notwithstanding any provision to the contrary under this chapter 5043
and Chapter 4121. of the Revised Code, the administrator shall 5044
exclude the payroll that is reported for employees who are 5045
considered the employees of the self-insuring employer listed in 5046
that certificate, and that the employees earned for employment on 5047
the construction project that is the subject of that certificate, 5048
when determining those contractors' or subcontractors' premiums or 5049
assessments required under this chapter and Chapter 4121. of the 5050
Revised Code. A self-insuring employer issued a certificate under 5051
this division shall include in the amount of paid compensation it 5052
reports pursuant to division (L) of this section, the amount of 5053
paid compensation the self-insuring employer paid pursuant to this 5054
division for the previous calendar year.5055

       Nothing in this division shall be construed as altering the 5056
rights of employees under this chapter and Chapter 4121. of the 5057
Revised Code as those rights existed prior to September 17, 1996. 5058
Nothing in this division shall be construed as altering the rights 5059
devolved under sections 2305.31 and 4123.82 of the Revised Code as 5060
those rights existed prior to September 17, 1996.5061

       As used in this division, "privilege to self-insure a 5062
construction project" means privilege to pay individually 5063
compensation, and to furnish medical, surgical, nursing, and 5064
hospital services and attention and funeral expenses directly to 5065
injured employees or the dependents of killed employees.5066

       (P) A self-insuring employer whose application is granted 5067
under division (O) of this section shall designate a safety 5068
professional to be responsible for the administration and 5069
enforcement of the safety program that is specifically designed 5070
for the construction project that is the subject of the 5071
application.5072

       A self-insuring employer whose application is granted under 5073
division (O) of this section shall employ an ombudsperson for the 5074
construction project that is the subject of the application. The 5075
ombudsperson shall have experience in workers' compensation or the 5076
construction industry, or both. The ombudsperson shall perform all 5077
of the following duties:5078

       (1) Communicate with and provide information to employees who 5079
are injured in the course of, or whose injury arises out of 5080
employment on the construction project, or who contract an 5081
occupational disease in the course of employment on the 5082
construction project;5083

       (2) Investigate the status of a claim upon the request of an 5084
employee to do so;5085

       (3) Provide information to claimants, third party 5086
administrators, employers, and other persons to assist those 5087
persons in protecting their rights under this chapter and Chapter 5088
4121. of the Revised Code.5089

       A self-insuring employer whose application is granted under 5090
division (O) of this section shall post the name of the safety 5091
professional and the ombudsperson and instructions for contacting 5092
the safety professional and the ombudsperson in a conspicuous 5093
place at the site of the construction project.5094

       (Q) The administrator may consider all of the following when 5095
deciding whether to grant a self-insuring employer the privilege 5096
to self-insure a construction project as provided under division 5097
(O) of this section:5098

       (1) Whether the self-insuring employer has an organizational 5099
plan for the administration of the workers' compensation law;5100

       (2) Whether the safety program that is specifically designed 5101
for the construction project provides for the safety of employees 5102
employed on the construction project, is applicable to all 5103
contractors and subcontractors who perform labor or work or 5104
provide materials for the construction project, and has as a 5105
component, a safety training program that complies with standards 5106
adopted pursuant to the "Occupational Safety and Health Act of 5107
1970," 84 Stat. 1590, 29 U.S.C.A. 651, and provides for continuing 5108
management and employee involvement;5109

       (3) Whether granting the privilege to self-insure the 5110
construction project will reduce the costs of the construction 5111
project;5112

       (4) Whether the self-insuring employer has employed an 5113
ombudsperson as required under division (P) of this section;5114

       (5) Whether the self-insuring employer has sufficient surety 5115
to secure the payment of claims for which the self-insuring 5116
employer would be responsible pursuant to the granting of the 5117
privilege to self-insure a construction project under division (O) 5118
of this section.5119

       (R) As used in divisions (O), (P), and (Q), "self-insuring 5120
employer" includes the following employers, whether or not they 5121
have been granted the status of being a self-insuring employer 5122
under division (B) of this section:5123

        (1) A state institution of higher education;5124

        (2) A school district;5125

        (3) A county school financing district;5126

        (4) An educational service center;5127

        (5) A community school established under Chapter 3314. of the 5128
Revised Code;5129

       (6) A municipal power agency as defined in section 3734.058 5130
of the Revised Code.5131

        (S) As used in this section:5132

       (1) "Unvoted debt capacity" means the amount of money that a 5133
public employer may borrow without voter approval of a tax levy;5134

       (2) "State institution of higher education" means the state 5135
universities listed in section 3345.011 of the Revised Code, 5136
community colleges created pursuant to Chapter 3354. of the 5137
Revised Code, university branches created pursuant to Chapter 5138
3355. of the Revised Code, technical colleges created pursuant to 5139
Chapter 3357. of the Revised Code, and state community colleges 5140
created pursuant to Chapter 3358. of the Revised Code.5141

       Sec. 4169.02.  (A) For the purposes of regulatingThe 5142
division of labor in the department of commerce shall regulate the 5143
construction, maintenance, mechanical operation, and inspection of 5144
passenger tramways that are associated with ski areas and of 5145
registeringshall register operators of passenger tramways in this 5146
state, there is hereby established in the division of labor in the 5147
department of commerce a ski tramway board to be appointed by the 5148
governor, with the advice and consent of the senate. The board 5149
shall consist of three members, one of whom shall be a public 5150
member who is an experienced skier and familiar with ski areas in 5151
this state, one of whom shall be a ski area operator actively 5152
engaged in the business of recreational skiing in this state, and 5153
one of whom shall be a professional engineer who is knowledgeable 5154
in the design or operation of passenger tramways.5155

       Of the initial appointments, one member shall be appointed 5156
for a term of one year, one for a term of two years, and one for a 5157
term of three years. The member appointed to the term beginning on 5158
July 1, 1996, shall be appointed to a term ending on June 30, 5159
1997; the member appointed to a term beginning on July 1, 1997, 5160
shall be appointed to a term ending on June 30, 1999; and the 5161
member appointed to a term beginning on July 1, 1998, shall be 5162
appointed to a term ending on June 30, 2001. Thereafter, each of 5163
the members shall be appointed for a term of six years. Each 5164
member shall hold office from the date of appointment until the 5165
end of the term for which the member was appointed. In the event 5166
of a vacancy, the governor, with the advice and consent of the 5167
senate, shall appoint a successor who shall hold office for the 5168
remainder of the term for which the successor's predecessor was 5169
appointed. A member shall continue in office subsequent to the 5170
expiration date of the member's term until the member's successor 5171
takes office or until a period of sixty days has elapsed, 5172
whichever occurs first. The board shall elect a chairperson from 5173
its members.5174

       The governor may remove any member of the board at any time 5175
for misfeasance, nonfeasance, or malfeasance in office after 5176
giving the member a copy of the charges against the member and an 5177
opportunity to be heard publicly in person or by counsel in the 5178
member's defense. Any such act of removal by the governor is 5179
final. A statement of the findings of the governor, the reason for 5180
the governor's action, and the answer, if any, of the member shall 5181
be filed by the governor with the secretary of state and shall be 5182
open to public inspection. 5183

       Members of the board shall be paid two hundred fifty dollars 5184
for each meeting that the member attends, except that no member 5185
shall be paid or receive more than seven hundred fifty dollars for 5186
attending meetings during any calendar year. Each member shall be 5187
reimbursed for the member's actual and necessary expenses incurred 5188
in the performance of official board duties. The chairperson shall 5189
be paid two hundred fifty dollars annually in addition to any 5190
compensation the chairperson receives under this division for 5191
attending meetings and any other compensation the chairperson 5192
receives for serving on the board.5193

       The division shall provide the board with such offices and 5194
such clerical, professional, and other assistance as may be 5195
reasonably necessary for the board to carry on its work. The 5196
division shall maintain accurate copies of the board's rules as 5197
promulgated in accordance with division (B) of this section and 5198
shall keep all of the board's records, including business records, 5199
and inspection reports as well as its own records and reports. The 5200
cost of administering the board and conducting inspections shall 5201
be included in the budget of the division based on revenues 5202
generated by the registration fees established under section 5203
4169.03 of the Revised Code.5204

       (B) In accordance with Chapter 119. of the Revised Code, the 5205
boarddivision shall adopt and may amend or rescind rules relating 5206
to public safety in the construction, maintenance, mechanical 5207
operation, and inspection of passenger tramways. The rules shall 5208
be in accordance with established standards in the business of ski 5209
area operation, if any, and shall not discriminate in their 5210
application to ski area operators.5211

       No person shall violate the rules of the boarddivision.5212

       (C) The authority of the boarddivision shall not extend to 5213
any matter relative to the operation of a ski area other than the 5214
construction, maintenance, mechanical operation, and inspection of 5215
passenger tramways.5216

       (D) A majority of the board constitutes a quorum and may 5217
perform and exercise all the duties and powers devolving upon the 5218
board.5219

       Sec. 4169.03.  (A) Before a passenger tramway operator may 5220
operate any passenger tramway in the state, the operator shall 5221
apply to the ski tramway boarddivision of labor in the department 5222
of commerce, on forms prepared by it, for registration by the 5223
boarddivision. The application shall contain an inventory of the 5224
passenger tramways that the applicant intends to operate and other 5225
information as the boarddivision may reasonably require and shall 5226
be accompanied by the following annual fees:5227

       (1) Each aerial passenger tramway, five hundred dollars;5228

       (2) Each skimobile, two hundred dollars;5229

       (3) Each chair lift, two hundred dollars;5230

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