H. B. No. 495 As Introduced

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,

119.01, 121.084, 121.32, 127.14, 149.304, 173.03,

173.04, 901.90, 1121.12, 1121.18, 1121.29,

1123.01, 1123.02, 1123.03, 1123.04, 1155.13,

1163.16, 1181.11, 1315.122, 1349.71, 1506.22,

1506.23, 1506.24, 1521.19, 1733.32, 3119.024,

3301.90, 3311.71, 3313.6013, 3335.27, 3345.062,

3701.025, 3701.63, 3702.79, 3702.80, 3702.81,

3702.85, 3702.86, 3702.93, 3702.94, 3705.35,

3705.36, 3718.03, 3727.312, 3727.313, 3727.321,

3727.39, 3727.41, 3743.54, 3746.04, 3769.083,

3769.085, 3769.086, 3905.04, 3905.481, 3905.484,

3905.485, 3905.486, 3905.88, 3929.631, 3929.64,

3929.68, 3930.02, 3930.03, 4121.03, 4121.121,

4121.77, 4123.341, 4123.342, 4123.35, 4169.02,

4169.03, 4169.04, 4169.05, 4169.06, 4503.52,

4503.77, 4723.61, 4723.63, 4723.69, 4981.361,

5104.39, 5111.708, 5123.032, and 5123.093; to

amend, for the purpose of adopting new section

numbers as indicated in parentheses, sections

1506.22 (6161.04), 1506.23 (6161.05), and 1506.24

(6161.06); to enact sections 184.21 and 6161.021;

and to repeal sections 101.37, 121.374, 122.98,

122.981, 125.833, 181.22, 184.23, 184.231,

1181.16, 1181.17, 1501.25, 1506.12, 1506.21,

1733.329, 1733.3210, 2151.282, 2323.44, 3311.77,

3319.70, 3319.71, 3701.92, 3702.92, 3727.32,

3727.322, 3746.03, 3769.084, 3905.483, 4121.79,

4501.025, 4723.62, 4723.621, 4937.01, 4937.02,

4937.03, 4937.04, 4937.05, 5104.08, 5111.709,

5111.710, and 5902.15 of the Revised Code; to

repeal section 101.38 of the Revised Code on

December 31, 2011; to amend Section 203 of Am.

Sub. H.B. 15 of the 128th General Assembly and

Section 513.03 of Am. Sub. H.B. 66 of the 126th

General Assembly as subsequently amended; and to

repeal Section 3 of Am. H.B. 416 of the 127th

General Assembly, Sections 265.70.20, 709.10, and

751.13 of Am. Sub. H.B. 1 of the 128th General

Assembly, Sections 755.40, 755.80, and 756.40 of

Am. Sub. H.B. 2 of the 128th General Assembly,

Section 3 of Sub. H.B. 7 of the 127th General

Assembly, Section 555.17 of Am. Sub. H.B. 67 of

the 127th General Assembly, Sections 263.30.30,

337.20.20, 377.20, 737.11, and 737.12 of Am. Sub.

H.B. 119 of the 127th General Assembly, Sections 6

and 7 of Sub. H.B. 125 of the 127th General

Assembly, Section 2 of Sub. H.B. 233 of the 127th

General Assembly, Section 3 of Am. H.B. 416 of the

127th General Assembly, Sections 703.30 and 715.50

of Am. Sub. H.B. 562 of the 127th General

Assembly, Section 512.45 of Am. Sub. H.B. 100 of

the 127th General Assembly as subsequently

amended, Section 4 of Am. Sub. S.B. 77 of the

127th General Assembly, Sections 206.10.12,

206.42.12, 206.66.24, 206.66.43, 209.63.58,

503.09, 503.12, and 560.03 of Am. Sub. H.B. 66 of

the 126th General Assembly, Sections 3 and 4 of

Sub. H.B. 187 of the 126th General Assembly,

Section 1 of Sub. H.B. 371 of the 126th General

Assembly, Section 235.60.70 of Am. Sub. H.B. 699

of the 126th General Assembly, Section 3 of Am.

Sub. S.B. 167 of the 126th General Assembly,

Section 5 of Am. Sub. S.B. 260 of the 126th

General Assembly, Section 3 of Am. Sub. S.B. 311

of the 126th General Assembly, Section 3 of Sub.

S.B. 393 of the 126th General Assembly, Sections

12 and 25 of Am. Sub. H.B. 87 of the 125th General

Assembly, Sections 41.35 and 153 of Am. Sub. H.B.

95 of the 125th General Assembly, Section 3 of

Sub. H.B. 204 of the 125th General Assembly,

Section 8 of Sub. H.B. 299 of the 125th General

Assembly, Section 6 of Am. Sub. H.B. 516 of the

125th General Assembly, Section 3 of Am. Sub. S.B.

86 of the 125th General Assembly, Section 5 of

Sub. H.B. 57 of the 124th General Assembly,

Section 3 of Am. Sub. H.B. 474 of the 124th

General Assembly, Section 4 of Am. Sub. S.B. 281

of the 124th General Assembly, Section 701.20 of

Am. Sub. H.B. 562 of the 127th General Assembly as

subsequently amended, Section 206.66.53 of Am.

Sub. H.B. 66 of the 126th General Assembly as

subsequently amended, Section 6 of Sub. H.B. 336

of the 126th General Assembly as subsequently

amended, Section 755.03 of Am. Sub. H.B. 530 of

the 126th General Assembly, as subsequently

amended, Section 6 of Am. Sub. S.B. 238 of the

126th General Assembly as subsequently amended,

Section 8 of Am. Sub. S.B. 311 of the 126th

General Assembly as subsequently amended, Section

152 of Am. Sub. H.B. 95 of the 125th General

Assembly, as subsequently amended, Section 59.29

of Am. Sub. H.B. 95 of the 125th General Assembly

as subsequently amended, and Section 69 of H.B.

117 of the 121st General Assembly as subsequently

amended to implement the recommendations of the

Sunset Review Committee by abolishing,

terminating, transferring, or renewing various

agencies and by reestablishing the Sunset Review

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, ~~2005~~	124
2011, shall expire on December 31, ~~2010~~2016, 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
~~2005~~2011, 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, ~~2005~~2011, 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 ~~2009~~2015 and ~~2010~~2016. 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 ~~128th~~131st 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 ~~2010~~2016. 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 ~~128th~~131st 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 ~~128th~~131st 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 ~~128th~~131st	204
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 ~~2009~~2015, shall schedule	212
for review each agency in existence on January 1, ~~2009~~2015. 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 ~~2009~~2015 and	220
calendar year ~~2010~~2016 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
~~2009~~2015, 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, ~~2009~~2015, 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 provide~~Provide and coordinate	469
with state agencies the exchange of information relative to the	470
needs of Spanish-speaking people ~~and~~to 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 ~~his~~the 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. ~~Any~~	626
No member ~~may~~shall 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 term~~unless 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 expenses~~The	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 aging~~The	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 ~~shall~~may 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 ~~board~~	791
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 ~~board~~director 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 commission~~financial 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 a	848
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 commission~~financial consumer council to	872
enable the ~~commission~~council to effectively advise the	873
superintendent and take action on any matter the superintendent	874
presents to the ~~commission~~council;	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 commission~~financial 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's~~	959
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 commission~~council 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 commission~~council 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 commission~~financial consumer	1047
council which shall consist of ~~seven~~twelve 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 member~~members of the	1051
commission and ~~its~~shall alternate as chairperson. The governor,	1052
with the advice and consent of the senate, shall appoint the	1053
remaining ~~six~~nine members.	1054

(B) After the second Monday in January of each year, the	1055
governor shall appoint ~~two~~three 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 ~~three~~two of the ~~six~~nine members appointed	1071
to the ~~commission~~council 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
~~commission~~council shall be representative of the banking industry	1087
as a whole, including savings and loan associations, savings	1088
banks, credit unions, and representatives of ~~banks~~financial	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 commission~~council.	1094

(E) The members of the ~~commission~~council 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 ~~six~~nine members	1098
appointed to the ~~commission~~council whenever in the governor's	1099
judgment the public interest requires removal. Upon removing a	1100
member of the ~~commission~~council, the governor shall file with the	1101
superintendent a statement of the cause for the removal.	1102

Sec. 1123.02. (A) The ~~banking commission~~financial 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
~~commission~~council by resolution provides for a shorter notice.	1109

(B) A majority of the full ~~commission~~council 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 the	1112
~~commission~~council.	1113

(C) No member shall participate before the ~~commission~~council	1114
in a proceeding involving any ~~bank~~financial 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 ~~commission~~council for any other cause the	1119
member considers sufficient.	1120

(D) The ~~commission~~council 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 ~~commission~~council, in its judgment,	1123
considers necessary and proper. The ~~commission~~council 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 commission~~financial 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 ~~commission~~	1136
council for that purpose;	1137

(C) Pass upon and determine any matter the superintendent or	1138
deputy superintendent submits to the ~~commission~~council 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 other~~No member of the ~~banking commission~~financial	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 board~~financial 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 board~~	1205
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
~~board~~financial 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 board~~	1252
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 union~~financial 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 commission~~financial consumer council,	1299
created pursuant to section 1123.01 of the Revised Code, to enable	1300
the ~~commission~~council to effectively advise the superintendent	1301
and take action on any matter the superintendent presents to the	1302
~~commission~~council;	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 union~~financial	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 union~~financial	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 union~~	1590
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
~~union~~financial 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 union~~financial	1614
consumer council's confirmation of supervisory fees and when	1615
supervisory fees described in this section are collected, the	1616
~~credit union~~financial 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 union~~financial 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 ~~3311.77~~3311.76 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 ~~duel~~dual 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, each~~Each 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 section~~February 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 ~~physician~~medical loan repayment advisory board.	2021

Sec. 3702.80. The ~~physician~~medical 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 ~~physician~~medical	2045
loan repayment advisory board. The board shall consist of ~~ten~~	2046
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 ~~six~~	2093
eight members.	2094

~~Six~~Eight 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 ~~dentist~~medical 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 ~~dentist~~medical loan repayment advisory board.	2126

Sec. 3702.93. The ~~dentist~~medical 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 ~~dentist~~medical 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 section~~October 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 Code~~hospital measures advisory	2375
council may include in the recommendations developed under	2376
division ~~(A)(1)~~(C) of ~~that~~ section ~~recommendations~~3727.312 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 experts~~	2392
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 ~~3727.32~~3727.312 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 ~~3727.32~~3727.312 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 Code~~hospital 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

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 development~~state 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 the	3395
~~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
~~hospitals~~a board of governors of the medical liability	3546
underwriting association.	3547

(B) The ~~directors~~board shall act by majority vote with seven	3548
~~directors~~members 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 ~~directors~~members 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 of~~	3560
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
~~directors~~board. The corporate trustee may invest the money held	3580
in trust, subject to the approval of the ~~directors~~board. 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 ~~nine~~	3619
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. ~~Five~~Four 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. ~~One~~Three shall be a	3625
licensed ~~physician~~physicians and ~~one~~two shall be from ~~a hospital~~	3626
hospitals operating in this state. One shall be an insurance agent	3627
licensed and writing medical liability insurance in this state.	3628
~~One~~Two 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, ~~three~~four shall be for terms of one year,	3640
~~three~~four shall be for terms of two years, and ~~three~~four 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 committee~~board 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 committee~~board 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 committee~~board	3721
or shall be deemed approved if the ~~executive committee~~board 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 committee~~board shall, within fifteen	3726
days, submit for approval an appropriately revised plan of	3727
operation. If the ~~executive committee~~board 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 committee~~board 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 committee~~	3739
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 committee~~board of the plan. The	3743
superintendent or any ~~executive committee~~board 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 committee~~board.	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 committee~~board of	3757
governors of the Ohio ~~commercial market assistance plan~~commercial	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 plan~~insurance joint underwriting association,	3768
or the superintendent of insurance or ~~his~~the superintendent's	3769
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 ~~eleven~~thirteen members appointed by the superintendent of	3800
insurance, ~~eight~~seven of whom shall be selected from the members	3801
of the joint underwriting association. ~~Five~~Four 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 member~~Four members shall be an insurance	3805
~~agent~~agents, 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

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

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 ~~4121.79~~4121.78 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 ~~three~~two	4382
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; and	4539

(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 regulating~~The	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
~~registering~~shall 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
~~board~~division 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 ~~board~~division.

5212

(C) The authority of the ~~board~~division 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 board~~division of labor in the department	5222
of commerce, on forms prepared by it, for registration by the	5223
~~board~~division. The application shall contain an inventory of the	5224
passenger tramways that the applicant intends to operate and other	5225
information as the ~~board~~division 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

(4) Each J bar, T bar, or platter pull, one hundred dollars;

5231

(5) Each rope tow, fifty dollars;

5232

(6) Each wire rope tow, seventy-five dollars;

5233

(7) Each conveyor, one hundred dollars.

5234

When an operator operates an aerial passenger tramway, a	5235
skimobile, or a chair lift during both a winter and summer season,	5236
the annual fee shall be one and one-half the above amount for the	5237
respective passenger tramway.	5238

(B) Upon payment of the appropriate annual fees in accordance	5239
with division (A) of this section, the ~~board~~division shall issue	5240
a registration certificate to the operator. Each certificate shall	5241
remain in force until the thirtieth day of September next ensuing.	5242
The ~~board~~division shall renew an operator's certificate in	5243
accordance with the standard renewal procedure in Chapter 4745. of	5244
the Revised Code upon payment of the appropriate annual fees.	5245

(C) Money received from the registration fees and from the	5246
fines collected pursuant to section 4169.99 of the Revised Code	5247
shall be paid into the state treasury to the credit of the labor	5248
operating fund created in section 121.084 of the Revised Code.	5249

(D) No person shall operate a passenger tramway in this state	5250
unless the person has been registered by the ~~board~~division.	5251

Sec. 4169.04. (A) The division of labor in the department of	5252
commerce shall make such inspection of the construction,	5253
maintenance, and mechanical operation of passenger tramways as	5254
~~the ski tramway board may~~ reasonably ~~require~~required. The	5255
division may contract with other qualified engineers to make such	5256
inspection or may accept the inspection report by any qualified	5257
inspector of an insurance company authorized to insure passenger	5258
tramways in this state.	5259

(B) If, as the result of an inspection, an employee of the	5260
division or other agent with whom the division has contracted	5261
finds that a violation of the ~~board's~~division's rules exists or a	5262
condition in passenger tramway construction, maintenance, or	5263
mechanical operation exists that endangers public safety, the	5264
employee or agent shall make an immediate report to the ~~board~~	5265
division for appropriate investigation and order.	5266

Sec. 4169.05. Any person may make a written complaint to the	5267
~~ski tramway board~~division of labor of the department of commerce	5268
setting forth an alleged violation of the ~~board's~~division's rules	5269
by a registered passenger tramway operator or a condition in	5270
passenger tramway construction, maintenance, or mechanical	5271
operation that allegedly endangers public safety. The ~~board~~	5272
division shall forward a copy of the complaint to the operator	5273
named in it and may accompany it with an order that requires the	5274
operator to answer the complaint in writing within a specified	5275
period of time. The ~~board~~division may investigate the complaint	5276
if it determines that there are reasonable grounds for such an	5277
investigation.	5278

Sec. 4169.06. (A) When facts are presented to ~~any member of~~	5279
~~the ski tramway board~~the division of labor in the department of	5280
commerce that indicate that immediate danger exists in the	5281
continued operation of a passenger tramway, ~~any member of~~ the	5282
~~board~~division, after such verification of the facts as is	5283
practical under the circumstances and consistent with immediate	5284
public safety, may by an emergency written order require the	5285
operator of the tramway to cease using the tramway immediately for	5286
the transportation of passengers. Any person may serve notice on	5287
the operator or the operator's agent who is in immediate control	5288
of the tramway by delivering a true and attested copy of the	5289
order, and the operator or the operator's agent shall furnish	5290
proof of receipt of such notice by signing an affidavit on the	5291
back of the copy of the order. The emergency order shall be	5292
effective for a period not to exceed forty-eight hours from the	5293
time of notification.	5294

(B) Immediately after the issuance of an emergency order	5295
pursuant to this section, the ~~board~~division shall investigate the	5296
facts of the case. If the ~~board~~division finds that a violation of	5297
any of its rules exists or that a condition in passenger tramway	5298
construction, maintenance, or mechanical operation exists that	5299
endangers public safety, it shall issue a written order setting	5300
forth its findings and the corrective action to be taken and	5301
fixing a reasonable time for compliance.	5302

(C) After an investigation pursuant to division (B) of this	5303
section, if the ~~board~~division determines that danger to public	5304
safety exists in the continued operation of a passenger tramway,	5305
it shall so state in the order, describe in detail the basis for	5306
its findings, and in the order may require the operator not to	5307
operate the tramway until the operator has taken the corrective	5308
action ordered pursuant to this section. If the operator continues	5309
to use the tramway following receipt of such order, the ~~board~~	5310
division may request the court of common pleas having jurisdiction	5311
in the county where the tramway is located to issue an injunction	5312
forbidding operation of the tramway.	5313

(D) An operator of a passenger tramway may request a hearing	5314
by the ~~board~~division on any order issued pursuant to this chapter	5315
and may appeal the results of such a hearing in accordance with	5316
Chapter 119. of the Revised Code. An operator may appeal an order	5317
suspending the operation of the operator's tramway without first	5318
requesting a hearing.	5319

(E) If an operator fails to comply with an order of the ~~board~~	5320
division issued pursuant to this chapter within the specified	5321
time, the ~~board~~division may suspend the registration certificate	5322
of the operator for such time as it considers necessary to gain	5323
compliance with its order.	5324

No operator shall operate a passenger tramway while the	5325
operator's registration certificate is under suspension by the	5326
~~board~~division.	5327

Sec. 4503.52. (A) The owner or lessee of any passenger car,	5328
noncommercial motor vehicle, recreational vehicle, or other	5329
vehicle of a class approved by the registrar of motor vehicles may	5330
apply to the registrar for the registration of the vehicle and	5331
issuance of Lake Erie license plates. The application for Lake	5332
Erie license plates may be combined with a request for a special	5333
reserved license plate under section 4503.40 or 4503.42 of the	5334
Revised Code. Upon receipt of the completed application and	5335
compliance with division (B) of this section, the registrar shall	5336
issue to the applicant the appropriate vehicle registration and a	5337
set of Lake Erie license plates with a validation sticker or a	5338
validation sticker alone when required by section 4503.191 of the	5339
Revised Code.	5340

In addition to the letters and numbers ordinarily inscribed	5341
thereon, Lake Erie license plates shall be inscribed with	5342
identifying words or markings designed by the ~~Ohio Lake Erie~~great	5343
lakes state commission and approved by the registrar. Lake Erie	5344
license plates shall bear county identification stickers that	5345
identify the county of registration by name or number.	5346

(B) The Lake Erie license plates and validation sticker shall	5347
be issued upon receipt of a contribution as provided in division	5348
(C) of this section and upon payment of the regular license fees	5349
as prescribed under section 4503.04 of the Revised Code, a fee not	5350
to exceed ten dollars for the purpose of compensating the bureau	5351
of motor vehicles for additional services required in the issuing	5352
of the Lake Erie license plates, any applicable motor vehicle tax	5353
levied under Chapter 4504. of the Revised Code, and compliance	5354
with all other applicable laws relating to the registration of	5355
motor vehicles. If the application for Lake Erie license plates is	5356
combined with a request for a special reserved license plate under	5357
section 4503.40 or 4503.42 of the Revised Code, the license plate	5358
and validation sticker shall be issued upon payment of the	5359
contribution, fees, and taxes contained in this division and the	5360
additional fee prescribed under section 4503.40 or 4503.42 of the	5361
Revised Code.	5362

(C) For each application for registration and registration	5363
renewal received under this section, the registrar shall collect a	5364
contribution in an amount not to exceed forty dollars as	5365
determined by the ~~Ohio Lake Erie~~great lakes state commission. The	5366
registrar shall transmit this contribution to the treasurer of	5367
state for deposit in the Lake Erie protection fund created in	5368
section ~~1506.23~~6161.05 of the Revised Code.	5369

The registrar shall deposit the additional fee not to exceed	5370
ten dollars specified in division (B) of this section that the	5371
applicant for registration voluntarily pays for the purpose of	5372
compensating the bureau for the additional services required in	5373
the issuing of the Lake Erie license plates in the state bureau of	5374
motor vehicles fund created in section 4501.25 of the Revised	5375
Code.	5376

Sec. 4503.77. (A) As used in this section:

5377

(1) "Nonstandard license plate" means all of the following:

5378

(a) A license plate issued under sections 4503.52, 4503.55,	5379
4503.56, 4503.57, 4503.70, 4503.71, 4503.72, and 4503.75 of the	5380
Revised Code;	5381

(b) A license plate issued under a program that is	5382
reestablished under division (D) of this section and that meets	5383
the requirements contained in division (B) of section 4503.78 of	5384
the Revised Code;	5385

(c) Except as may otherwise be specifically provided by law,	5386
any license plate created after August 21, 1997.	5387

(2) For purposes of license plates issued under sections	5388
4503.503 and 4503.504 of the Revised Code, "sponsor" includes the	5389
~~Ohio agriculture license plate scholarship fund board created in~~	5390
~~section 901.90 of the Revised Code and the~~ director of	5391
agriculture.	5392

(B)(1) If, during any calendar year commencing with 1998, the	5393
total number of motor vehicle registrations involving a particular	5394
type of nonstandard license plate is less than five hundred,	5395
including both new registrations and registration renewals, the	5396
registrar of motor vehicles, on or after the first day of January,	5397
but not later than the fifteenth day of January of the following	5398
year, shall send a written notice to the sponsor of that type of	5399
nonstandard license plate, if a sponsor exists, informing the	5400
sponsor of this fact. The registrar also shall inform the sponsor	5401
that if, during the calendar year in which the written notice is	5402
sent, the total number of motor vehicle registrations involving	5403
the sponsor's nonstandard license plate again is less than five	5404
hundred, the program involving that type of nonstandard license	5405
plate will be terminated on the thirty-first day of December of	5406
the calendar year in which the written notice is sent and, except	5407
as provided in division (C) of this section, no motor vehicle	5408
registration application involving either the actual issuance of	5409
that type of nonstandard license plate or the registration renewal	5410
of a motor vehicle displaying that type of nonstandard license	5411
plate will be accepted by the registrar or a deputy registrar	5412
beginning the first day of January of the next calendar year. The	5413
registrar also shall inform the sponsor that if the program	5414
involving the sponsor's nonstandard license plate is terminated	5415
under this section, it may be reestablished pursuant to division	5416
(D) of this section.	5417

(2) If, during any calendar year commencing with 1998, the	5418
total number of motor vehicle registrations involving a particular	5419
type of nonstandard license plate is less than five hundred,	5420
including both new registrations and registration renewals, and no	5421
sponsor exists for that license plate, the registrar shall issue a	5422
public notice on or after the first day of January, but not later	5423
than the fifteenth day of January of the following year, stating	5424
that fact. The notice also shall inform the public that if, during	5425
the calendar year in which the registrar issues the public notice,	5426
the total number of motor vehicle registrations for that type of	5427
nonstandard license plate, including both new registrations and	5428
registration renewals, again is less than five hundred, the	5429
program involving that type of nonstandard license plate will be	5430
terminated on the thirty-first day of December of the calendar	5431
year in which the registrar issues the public notice and, except	5432
as provided in division (C) of this section, no motor vehicle	5433
registration application involving either the actual issuance of	5434
that type of nonstandard license plate or the registration renewal	5435
of a motor vehicle displaying that type of nonstandard license	5436
plate will be accepted by the registrar or a deputy registrar	5437
beginning on the first day of January of the next calendar year.	5438

(C) If the program involving a type of nonstandard license	5439
plate is terminated under division (B) of this section, the	5440
registration of any motor vehicle displaying that type of	5441
nonstandard license plate at the time of termination may be	5442
renewed so long as the nonstandard license plates remain	5443
serviceable. If the nonstandard license plates of such a motor	5444
vehicle become unfit for service, the owner of the motor vehicle	5445
may apply for the issuance of nonstandard license plates of that	5446
same type, but the registrar or deputy registrar shall issue such	5447
nonstandard license plates only if at the time of application the	5448
stock of the bureau contains license plates of that type of	5449
nonstandard license plate. If, at the time of such application,	5450
the stock of the bureau does not contain license plates of that	5451
type of nonstandard license plate, the registrar or deputy	5452
registrar shall inform the owner of that fact, and the application	5453
shall be refused.	5454

If the program involving a type of nonstandard license plate	5455
is terminated under division (B) of this section and the	5456
registration of motor vehicles displaying such license plates	5457
continues as permitted by this division, the registrar, for as	5458
long as such registrations continue to be issued, shall continue	5459
to collect and distribute any contribution that was required to be	5460
collected and distributed prior to the termination of that	5461
program.	5462

(D) If the program involving a nonstandard license plate is	5463
terminated under division (B)(1) of this section, the sponsor of	5464
that license plate may apply to the registrar for the	5465
reestablishment of the program. If the program involving that	5466
nonstandard license plate is reestablished, the reestablishment is	5467
subject to division (B) of section 4503.78 of the Revised Code.	5468

Sec. 4723.61. As used in this section and in sections	5469
~~4723.62~~4723.63 to 4723.69 of the Revised Code:	5470

(A) "Medication" means a drug, as defined in section 4729.01	5471
of the Revised Code.	5472

(B) "Medication error" means a failure to follow the	5473
prescriber's instructions when administering a prescription	5474
medication.	5475

(C) "Nursing home" and "residential care facility" have the	5476
same meanings as in section 3721.01 of the Revised Code.	5477

(D) "Prescription medication" means a medication that may be	5478
dispensed only pursuant to a prescription.	5479

(E) "Prescriber" and "prescription" have the same meanings as	5480
in section 4729.01 of the Revised Code.	5481

Sec. 4723.63. (A) ~~In consultation with the medication aide~~	5482
~~advisory council established under section 4723.62 of the Revised~~	5483
~~Code, the~~The board of nursing shall conduct a pilot program for	5484
the use of medication aides in nursing homes and residential care	5485
facilities. The board shall conduct the pilot program in a manner	5486
consistent with human protection and other ethical concerns	5487
typically associated with research studies involving live	5488
subjects. The pilot program shall be commenced not later than May	5489
1, 2006, and shall end on the thirty-first day after the report	5490
required by division (F)(2) of this section is submitted in	5491
accordance with that division.	5492

During the period the pilot program is conducted, a nursing	5493
home or residential care facility participating in the pilot	5494
program may use one or more medication aides to administer	5495
prescription medications to its residents, subject to all of the	5496
following conditions:	5497

(1) Each individual used as a medication aide must hold a	5498
current, valid medication aide certificate issued by the board of	5499
nursing under this chapter.	5500

(2) The nursing home or residential care facility shall	5501
ensure that the requirements of section 4723.67 of the Revised	5502
Code are met.	5503

(3) The nursing home or residential care facility shall	5504
submit to the board, not later than the thirty-first day after the	5505
day the board makes its request under division (F)(1)(a) of this	5506
section, the data required by division (F)(1)(a) of this section.	5507

(B) The board~~, in consultation with the medication aide~~	5508
~~advisory council,~~ shall do all of the following not later than	5509
February 1, 2006:	5510

(1) Design the pilot program;

5511

(2) Establish standards to govern medication aides and the	5512
nursing homes and residential care facilities participating in the	5513
pilot program, including standards for the training of medication	5514
aides and the staff of participating nursing homes and residential	5515
care facilities;	5516

(3) Establish standards to protect the health and safety of	5517
the residents of the nursing homes and residential care facilities	5518
participating in the program;	5519

(4) Implement a process for selecting the nursing homes and	5520
residential care facilities to participate in the program.	5521

(C)(1) A nursing home or residential care facility may	5522
volunteer to participate in the pilot program by submitting an	5523
application to the board on a form prescribed and provided by the	5524
board. From among the applicants, the board shall select eighty	5525
nursing homes and forty residential care facilities to participate	5526
in the pilot program. When the board denies an application, it	5527
shall notify, in writing, the president and minority leader of the	5528
senate and the speaker and minority leader of the house of	5529
representatives of the denial and the reasons for the denial.	5530

(2) To be eligible to participate, a nursing home or	5531
residential care facility shall agree to observe the standards	5532
established by the board for the use of medication aides. A	5533
nursing home is eligible to participate only if the department of	5534
health has found in the most recent survey or inspection of the	5535
home that the home is free from deficiencies related to the	5536
administration of medication. A residential care facility is	5537
eligible to participate only if the department has found that the	5538
facility is free from deficiencies related to the provision of	5539
skilled nursing care or the administration of medication.	5540

(D) As a condition of participation in the pilot program, a	5541
nursing home and residential care facility selected by the board	5542
shall pay the participation fee established in rules adopted under	5543
section 4723.69 of the Revised Code. The participation fee is not	5544
reimbursable under the medicaid program established under Chapter	5545
5111. of the Revised Code.	5546

(E) On receipt of evidence found credible by the board that	5547
continued participation by a nursing home or residential care	5548
facility poses an imminent danger, risk of serious harm, or	5549
jeopardy to a resident of the home or facility, the board may	5550
terminate the authority of the home or facility to participate in	5551
the pilot program.	5552

(F)(1) ~~With the assistance of the medication aide advisory~~	5553
~~council, the~~The board shall conduct an evaluation of the pilot	5554
program. In conducting the evaluation, the board shall do all of	5555
the following:	5556

(a) Request from each nursing home and residential care	5557
facility participating in the pilot program, on the ninety-first	5558
day after the day the board issues a medication aide certificate	5559
under section 4723.651 of the Revised Code to the seventy-fifth	5560
individual, the data the board requires participating nursing	5561
homes and residential care facilities to report under rules the	5562
board adopts under section 4723.69 of the Revised Code.	5563

(b) Assess whether medication aides are able to administer	5564
prescription medications safely to nursing home and residential	5565
care facility residents;	5566

(c) Determine the financial implications of using medication	5567
aides in nursing homes and residential care facilities;	5568

(d) Consider any other issue the board or council considers	5569
relevant to the evaluation.	5570

(2) Not later than the one hundred eighty-first day after the	5571
day the board issues a medication aide certificate under section	5572
4723.651 of the Revised Code to the seventy-fifth individual, the	5573
board shall prepare a report of its findings and recommendations	5574
derived from the evaluation of the pilot program. The board shall	5575
submit the report to the governor, president and minority leader	5576
of the senate, speaker and minority leader of the house of	5577
representatives, and director of health.	5578

(G) The board shall, on the day it issues a medication aide	5579
certificate to the seventy-fifth individual, post a notice on its	5580
web site indicating the date on which any nursing home or	5581
residential care facility may use medication aides in accordance	5582
with section 4723.64 of the Revised Code.	5583

Sec. 4723.69. (A) ~~In consultation with the medication aide~~	5584
~~advisory council created under section 4723.62 of the Revised~~	5585
~~Code, the~~The board of nursing shall adopt rules to implement	5586
sections 4723.61 to 4723.68 of the Revised Code. Initial rules	5587
shall be adopted not later than February 1, 2006. All rules	5588
adopted under this section shall be adopted in accordance with	5589
Chapter 119. of the Revised Code.	5590

(B) The rules adopted under this section shall establish or	5591
specify all of the following:	5592

(1) Fees, in an amount sufficient to cover the costs the	5593
board incurs in implementing sections 4723.61 to 4723.68 of the	5594
Revised Code, for participation in the medication aide pilot	5595
program, certification as a medication aide, and approval of a	5596
medication aide training program;	5597

(2) Requirements to obtain a medication aide certificate that	5598
are not otherwise specified in section 4723.651 of the Revised	5599
Code;	5600

(3) Procedures for renewal of medication aide certificates;

5601

(4) The extent to which the board determines that the reasons	5602
for taking disciplinary actions under section 4723.28 of the	5603
Revised Code are applicable reasons for taking disciplinary	5604
actions under section 4723.652 of the Revised Code against an	5605
applicant for or holder of a medication aide certificate;	5606

(5) Standards for approval of peer support programs for the	5607
holders of medication aide certificates;	5608

(6) Standards for medication aide training programs,	5609
including the examination to be administered by the training	5610
program to test an individual's ability to administer prescription	5611
medications safely;	5612

(7) Reasons for denying, revoking, or suspending approval of	5613
a medication aide training program;	5614

(8) Other standards and procedures the board considers	5615
necessary to implement sections 4723.61 to 4723.68 of the Revised	5616
Code.	5617

Sec. 4981.361. (A) In pursuance of Article III of the	5618
Interstate High Speed Intercity Rail Passenger Network Compact, as	5619
set forth in section 4981.35 of the Revised Code, two	5620
representatives from this state shall serve on the Interstate Rail	5621
Passenger Advisory Council. The governor shall appoint the two	5622
representatives as follows:	5623

(1) One representative who shall be a member of the private	5624
sector and who shall hold a bachelor of science degree in either	5625
engineering or transportation science.	5626

(2) One representative who shall be either the director of	5627
the Ohio department of transportation, or the chairperson of the	5628
Ohio rail development commission.	5629

(B)(1) In pursuance of Articles II and III of the Midwest	5630
Interstate Passenger Rail Compact, as set forth in section 4981.36	5631
of the Revised Code, there shall be four members of the commission	5632
from this state.	5633

The governor shall appoint two members as set forth in	5634
Article III of the compact. The terms of office for the governor's	5635
appointments shall be in accordance with Article III of the	5636
compact. The governor's appointments to the commission shall be	5637
the same persons as the governor appoints to the Interstate Rail	5638
Passenger Advisory Council pursuant to division (A) of this	5639
section. The person appointed pursuant to division (A)(1) of this	5640
section shall be the Ohio representative who is a member of the	5641
private sector, and the person appointed pursuant to division	5642
(A)(2) of this section shall be the Ohio representative who is the	5643
governor's designee.	5644

(2) The speaker of the house of representatives and the	5645
president of the senate each shall appoint one member from their	5646
respective houses of the general assembly to serve as a member of	5647
the commission, but the two appointees shall not be members of the	5648
same political party. Terms of office for legislative appointees	5649
shall be in accordance with Article III of the compact.	5650

(C) Any member of the advisory council or the commission	5651
shall continue in office subsequent to the expiration of the	5652
member's term until a successor is appointed. Vacancies in the	5653
council or commission shall be filled in the same manner as	5654
original selections are made. Any member of the council or	5655
commission may be reappointed.	5656

Except for the purposes of Chapters 102., 2744., and 2921. of	5657
the Revised Code, serving as a member of the council or commission	5658
does not constitute holding a public office or position of	5659
employment under the laws of this state and does not constitute	5660
grounds for removal of public officers or employees from their	5661
offices or positions of employment.	5662

The governor, speaker, or president may remove a member for	5663
whom the governor, speaker, or president was the appointing	5664
authority, for misfeasance, malfeasance, or willful neglect of	5665
duty.	5666

Members of the council and commission shall serve without	5667
compensation, but shall be reimbursed for the reasonable expenses	5668
incurred by them in the discharge of their duties as members of	5669
the council or commission.	5670

Sec. 5104.39. (A) The director of job and family services	5671
shall adopt rules in accordance with Chapter 119. of the Revised	5672
Code establishing a procedure for monitoring the expenditures of	5673
county departments of job and family services to ensure that	5674
expenditures do not exceed the available federal and state funds	5675
for publicly funded child care. The department, with the	5676
assistance of the office of budget and management ~~and the child~~	5677
~~care advisory council created pursuant to section 5104.08 of the~~	5678
~~Revised Code~~, shall monitor the anticipated future expenditures of	5679
county departments for publicly funded child care and shall	5680
compare those anticipated future expenditures to available federal	5681
and state funds for publicly funded child care. Whenever the	5682
department determines that the anticipated future expenditures of	5683
the county departments will exceed the available federal and state	5684
funds for publicly funded child care and the department reimburses	5685
the county departments in accordance with rules adopted under	5686
section 5104.42 of the Revised Code, the department shall promptly	5687
notify the county departments and, before the available state and	5688
federal funds are used, the director shall issue and implement an	5689
administrative order that shall specify both of the following:	5690

(1) Priorities for expending the remaining available federal	5691
and state funds for publicly funded child care;	5692

(2) Instructions and procedures to be used by the county	5693
departments.	5694

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

5695

(1) Suspend enrollment of all new participants in any program	5696
of publicly funded child care;	5697

(2) Limit enrollment of new participants to those with	5698
incomes at or below a specified percentage of the federal poverty	5699
line;	5700

(3) Disenroll existing participants with income above a	5701
specified percentage of the federal poverty line.	5702

(C) Each county department shall comply with the order no	5703
later than thirty days after it is issued. If the department fails	5704
to notify the county departments and to implement the reallocation	5705
priorities specified in the order before the available federal and	5706
state funds for publicly funded child care are used, the state	5707
department shall provide sufficient funds to the county	5708
departments for publicly funded child care to enable each county	5709
department to pay for all publicly funded child care that was	5710
provided by providers pursuant to contract prior to the date that	5711
the county department received notice under this section and the	5712
state department implemented in that county the priorities.	5713

(D) If after issuing an order under this section to suspend	5714
or limit enrollment of new participants or disenroll existing	5715
participants the department determines that available state and	5716
federal funds for publicly funded child care exceed the	5717
anticipated future expenditures of the county departments, the	5718
director may issue and implement another administrative order	5719
increasing income eligibility levels to a specified percentage of	5720
the federal poverty line. The order shall include instructions and	5721
procedures to be used by the county departments. Each county	5722
department shall comply with the order not later than thirty days	5723
after it is issued.	5724

(E) The department of job and family services shall do all of	5725
the following:	5726

(1) Conduct a quarterly evaluation of the program of publicly	5727
funded child care that is operated pursuant to sections 5104.30 to	5728
5104.39 of the Revised Code;	5729

(2) Prepare reports based upon the evaluations that specify	5730
for each county the number of participants and amount of	5731
expenditures;	5732

(3) Provide copies of the reports to both houses of the	5733
general assembly and, on request, to interested parties.	5734

Sec. 5111.708. (A) The director of job and family services,	5735
~~after consulting with the medicaid buy-in advisory council,~~ shall	5736
adopt rules in accordance with Chapter 119. of the Revised Code as	5737
necessary to implement the medicaid buy-in for workers with	5738
disabilities program. The rules shall do all of the following:	5739

(1) Specify assets, asset values, and amounts to be	5740
disregarded in determining asset and income eligibility limits for	5741
the program;	5742

(2) Establish meanings for the terms "earned income," "health	5743
insurance," "resources," "spouse," and "unearned income";	5744

(3) Establish additional eligibility requirements for the	5745
program that must be established for the United States secretary	5746
of health and human services to approve the program;	5747

(4) For the purpose of division (B) of section 5111.704 of	5748
the Revised Code, specify an amount to be subtracted from the	5749
difference determined under division (A) of that section.	5750

(B) The director~~, after consulting with the medicaid buy-in~~	5751
~~advisory council,~~ may adopt rules in accordance with Chapter 119.	5752
of the Revised Code to specify amounts to be disregarded from an	5753
individual's earned income, unearned income, or both under	5754
division (C) of section 5111.703 of the Revised Code for the	5755
purpose of determining whether the individual is within the income	5756
eligibility limit for the medicaid buy-in for workers with	5757
disabilities program.	5758

Sec. 5123.032. (A) As used in this section, "developmental	5759
center" means any institution or facility of the department of	5760
developmental disabilities that, on or after January 30, 2004, is	5761
named, designated, or referred to as a developmental center.	5762

(B) Notwithstanding any other provision of law, on and after	5763
January 30, 2004, any closure of a developmental center shall be	5764
subject to, and in accordance with, this section. Notwithstanding	5765
any other provision of law, if the governor announced on or after	5766
January 1, 2003, and prior to January 30, 2004, the intended	5767
closure of a developmental center and if the closure identified in	5768
the announcement has not occurred prior to January 30, 2004, the	5769
closure identified in the announcement shall be subject to the	5770
criteria set forth in this section as if the announcement had been	5771
made on or after January 30, 2004, except for the time at which	5772
the notice to the general assembly must be provided as identified	5773
in division (C) of this section.	5774

(C) Notwithstanding any other provision of law, on and after	5775
January 30, 2004, at least ten days prior to making any official,	5776
public announcement that the governor intends to close one or more	5777
developmental centers, the governor shall notify the general	5778
assembly in writing that the governor intends to close one or more	5779
developmental centers. Notwithstanding any other provision of law,	5780
if the governor announced on or after January 1, 2003, and prior	5781
to January 30, 2004, the intended closure of a developmental	5782
center and if the closure identified in the announcement has not	5783
occurred prior to January 30, 2004, not later than ten days after	5784
January 30, 2004, the governor shall notify the general assembly	5785
in writing of the prior announcement and that the governor intends	5786
to close the center identified in the prior announcement, and the	5787
notification to the general assembly shall constitute, for	5788
purposes of this section, the governor's official, public	5789
announcement that the governor intends to close that center.	5790

The notice required by this division shall identify by name	5791
each developmental center that the governor intends to close or,	5792
if the governor has not determined any specific developmental	5793
center to close, shall state the governor's general intent to	5794
close one or more developmental centers. When the governor	5795
notifies the general assembly as required by this division, the	5796
legislative service commission promptly shall conduct an	5797
independent study of the developmental centers of the department	5798
of developmental disabilities and of the department's operation of	5799
the centers, and the study shall address relevant criteria and	5800
factors, including, but not limited to, all of the following:	5801

(1) The manner in which the closure of developmental centers	5802
in general would affect the safety, health, well-being, and	5803
lifestyle of the centers' residents and their family members and	5804
would affect public safety and, if the governor's notice	5805
identifies by name one or more developmental centers that the	5806
governor intends to close, the manner in which the closure of each	5807
center so identified would affect the safety, health, well-being,	5808
and lifestyle of the center's residents and their family members	5809
and would affect public safety;	5810

(2) The availability of alternate facilities;

5811

(3) The cost effectiveness of the facilities identified for	5812
closure;	5813

(4) A comparison of the cost of residing at a facility	5814
identified for closure and the cost of new living arrangements;	5815

(5) The geographic factors associated with each facility and	5816
its proximity to other similar facilities;	5817

(6) The impact of collective bargaining on facility	5818
operations;	5819

(7) The utilization and maximization of resources;

5820

(8) Continuity of the staff and ability to serve the facility	5821
population;	5822

(9) Continuing costs following closure of a facility;

5823

(10) The impact of the closure on the local economy;

5824

(11) Alternatives and opportunities for consolidation with	5825
other facilities;	5826

(12) How the closing of a facility identified for closure	5827
relates to the department's plans for the future of developmental	5828
centers in this state;	5829

(13) The effect of the closure of developmental centers in	5830
general upon the state's fiscal resources and fiscal status and,	5831
if the governor's notice identifies by name one or more	5832
developmental centers that the governor intends to close, the	5833
effect of the closure of each center so identified upon the	5834
state's fiscal resources and fiscal status.	5835

(D) The legislative service commission shall complete the	5836
study required by division (C) of this section, and prepare a	5837
report that contains its findings, not later than sixty days after	5838
the governor makes the official, public announcement that the	5839
governor intends to close one or more developmental centers as	5840
described in division (C) of this section. The commission shall	5841
provide a copy of the report to each member of the general	5842
assembly who requests a copy of the report.	5843

~~Not later than the date on which the legislative service~~	5844
~~commission is required to complete the report under this division,~~	5845
~~the developmental disabilities developmental center closure~~	5846
~~commission is hereby created as described in division (E) of this~~	5847
~~section. The officials with the duties to appoint members of the~~	5848
~~closure commission, as described in division (E) of this section,~~	5849
~~shall appoint the specified members of the closure commission,~~	5850
~~and, as soon as possible after the appointments, the closure~~	5851
~~commission shall meet for the purposes described in that division.~~	5852
~~Upon completion of the report and the creation of the closure~~	5853
~~commission under this division, the legislative service commission~~	5854
~~promptly shall provide a copy of the report to the closure~~	5855
~~commission and shall present the report as described in division~~	5856
~~(E) of this section.~~	5857

~~(E)(1) A developmental disabilities developmental center~~	5858
~~closure commission shall be created at the time and in the manner~~	5859
~~specified in division (D) of this section. The closure commission~~	5860
~~consists of six members. One member shall be the director of~~	5861
~~developmental disabilities. One member shall be the director of~~	5862
~~health. One member shall be a private executive with expertise in~~	5863
~~facility utilization, in economics, or in both facility~~	5864
~~utilization and economics, jointly appointed by the speaker of the~~	5865
~~house of representatives and the president of the senate. The~~	5866
~~member appointed for expertise in facility utilization, economics,~~	5867
~~or both may not be a member of the general assembly and may not~~	5868
~~have a developmental center identified for closure by the governor~~	5869
~~in the county in which the member resides. One member shall be a~~	5870
~~member of the board of the Ohio civil service employees'~~	5871
~~association, jointly appointed by the speaker of the house of~~	5872
~~representatives and the president of the senate. One member shall~~	5873
~~be either a family member of a resident of a developmental center~~	5874
~~or a representative of a mental retardation and developmental~~	5875
~~disabilities advocacy group, jointly appointed by the speaker of~~	5876
~~the house of representatives and the president of the senate. The~~	5877
~~member appointed who is a family member of a developmental center~~	5878
~~resident or a representative of an advocacy group may not be a~~	5879
~~member of the general assembly. One member shall be a member of~~	5880
~~the law enforcement community, appointed by the governor. The~~	5881
~~officials with the duties to appoint members of the closure~~	5882
~~commission shall make the appointments, and the closure commission~~	5883
~~shall meet, within the time periods specified in division (D) of~~	5884
~~this section. The members of the closure commission shall serve~~	5885
~~without compensation. At the closure commission's first meeting,~~	5886
~~the members shall organize and appoint a chairperson and~~	5887
~~vice-chairperson.~~	5888

~~The closure commission shall meet as often as is necessary~~	5889
~~for the purpose of making the recommendations to the governor that~~	5890
~~are described in this division. The closure commission's meetings~~	5891
~~shall be open to the public, and the closure commission shall~~	5892
~~accept public testimony. The legislative service commission shall~~	5893
~~appear before the closure commission and present the report the~~	5894
~~legislative service commission prepared under division (D) of this~~	5895
~~section. The closure commission shall meet for the purpose of~~	5896
~~making recommendations to the governor, which recommendations may~~	5897
~~include all of the following:~~	5898

~~(a) Whether any developmental center should be closed;~~

5899

~~(b) If the recommendation described in division (E)(1)(a) of~~	5900
~~this section is that one or more developmental centers should be~~	5901
~~closed, which center or centers should be closed;~~	5902

~~(c) If the governor's notice described in division (C) of~~	5903
~~this section identifies by name one or more developmental centers~~	5904
~~that the governor intends to close, whether the center or centers~~	5905
~~so identified should be closed.~~	5906

~~(2) The developmental disabilities developmental center~~	5907
~~closure commission, not later than sixty days after it receives~~	5908
~~the report of the legislative service commission under division~~	5909
~~(D) of this section, shall prepare a report containing its~~	5910
~~recommendations to the governor. The closure commission shall send~~	5911
~~a copy of the report to the governor and to each member of the~~	5912
~~general assembly who requests a copy of the report.~~(E) Upon	5913
receipt of the ~~closure~~ commission's report, the governor shall	5914
review and consider the ~~commission's recommendation~~report. The	5915
governor shall do one of the following:	5916

~~(a) Follow the recommendation of the commission~~(1) Close one	5917
or more developmental centers;	5918

~~(b)~~(2) Close no developmental center;

5919

~~(c)~~(3) Take other action that the governor determines is	5920
necessary for the purpose of expenditure reductions or budget cuts	5921
and state the reasons for the action.	5922

(F) The governor's decision is final. ~~Upon the governor's~~	5923
~~making of the decision, the closure commission shall cease to~~	5924
~~exist. Another closure commission shall be created under this~~	5925
~~section each time the governor subsequently makes an official,~~	5926
~~public announcement that the governor intends to close one or more~~	5927
~~developmental centers.~~	5928

Sec. 5123.093. The citizen's advisory councils established	5929
under section 5123.092 of the Revised Code shall:	5930

(A) Transmit verbal or written information from any person or	5931
organization associated with the institution or within the	5932
community, that an advisory council considers important, to the	5933
~~joint council on developmental disabilities created by section~~	5934
~~101.37 of the Revised Code and the~~ director of developmental	5935
disabilities;	5936

(B) Review the records of all applicants to any unclassified	5937
position at the institution, except for resident physician	5938
positions filled under section 5123.11 of the Revised Code;	5939

(C) Review and evaluate institutional employee training and	5940
continuing education programs;	5941

(D) On or before the thirty-first day of January of each	5942
year, submit a written report to the ~~joint council on~~	5943
~~developmental disabilities and the~~ director of developmental	5944
disabilities regarding matters affecting the institution	5945
including, but not limited to, allegations of dehumanizing	5946
practices and violations of individual or legal rights;	5947

(E) Review institutional budgets, programs, services, and	5948
planning;	5949

(F) Develop and maintain relationships within the community	5950
with community mental retardation and developmental disabilities	5951
organizations;	5952

(G) Participate in the formulation of the institution's	5953
objectives, administrative procedures, program philosophy, and	5954
long range goals;	5955

(H) Bring any matter that an advisory council considers	5956
important to the attention of the ~~joint council on developmental~~	5957
~~disabilities and the~~ director of developmental disabilities;	5958

(I) Recommend to the director of developmental disabilities	5959
persons for appointment to citizen's advisory councils;	5960

(J) Adopt any rules or procedures necessary to carry out this	5961
section.	5962

The chairperson of the advisory council or the chairperson's	5963
designee shall be notified within twenty-four hours of any alleged	5964
incident of abuse to a resident or staff member by anyone.	5965
Incidents of resident or staff abuse shall include, but not be	5966
limited to, sudden deaths, accidents, suicides, attempted	5967
suicides, injury caused by other persons, alleged criminal acts,	5968
errors in prescribing or administering medication, theft from	5969
clients, fires, epidemic disease, administering unprescribed	5970
drugs, unauthorized use of restraint, withholding of information	5971
concerning alleged abuse, neglect, or any deprivation of rights as	5972
defined in Chapter 5122. or 5123. of the Revised Code.	5973

Sec. 6161.021. (A) In addition to the duties set forth in	5974
section 6161.01 of the Revised Code, the great lakes commission	5975
from this state shall do all of the following:	5976

(1) Ensure the coordination of state and local policies and	5977
programs pertaining to Lake Erie water quality, toxic pollution	5978
control, and resource protection;	5979

(2) Review, and make recommendations concerning, the	5980
development and implementation of policies, programs, and issues	5981
for long-term, comprehensive protection of Lake Erie water	5982
resources and water quality that are consistent with the great	5983
lakes water quality agreement and the great lakes toxic substances	5984
control agreement;	5985

(3) Recommend policies and programs to modify the coastal	5986
management program of this state;	5987

(4) At each regular meeting, consider matters relating to the	5988
implementation of sections 6161.04 and 6161.05 of the Revised	5989
Code;	5990

(5) Publish and submit the Lake Erie protection agenda in	5991
accordance with division (C) of section 6161.05 of the Revised	5992
Code;	5993

(6) Ensure the implementation of a basinwide approach to Lake	5994
Erie issues;	5995

(7) Increase representation of the interests of this state in	5996
state, regional, national, and international forums pertaining to	5997
the resources and water quality of Lake Erie and the Lake Erie	5998
basin;	5999

(8) Promote education concerning the wise management of the	6000
resources of Lake Erie;	6001

(9) Establish public advisory councils as considered	6002
necessary to assist in programs established under this section and	6003
sections 6161.04 and 6161.05 of the Revised Code. Members of the	6004
public advisory councils shall represent a broad cross section of	6005
interests, shall have experience or expertise in the subject for	6006
which the advisory council was established, and shall serve	6007
without compensation.	6008

(10) Prepare and submit the report required under division	6009
(D) of section 6161.05 of the Revised Code.	6010

(11) Advise the director of natural resources on carrying out	6011
the director's duties under Chapter 1506. of the Revised Code,	6012
including, without limitation, implementation of the coastal	6013
management program;	6014

(12) Recommend to the director of natural resources such	6015
policies and legislation as are necessary to preserve, protect,	6016
develop, and restore or enhance the coastal resources of this	6017
state;	6018

(13) Review and make recommendations to the director of	6019
natural resources on the development of policies, plans, and	6020
programs for long-term, comprehensive coastal resource management,	6021
including, without limitation, the coastal management program	6022
document adopted under division (A)(1) of section 1506.02 of the	6023
Revised Code;	6024

(14) Recommend to the director of natural resources ways to	6025
enhance cooperation among governmental agencies, including,	6026
without limitation, state agencies, having an interest in coastal	6027
management and to encourage wise use and protection of the state's	6028
coastal resources. The commission may request information and	6029
other assistance from those government agencies for this purpose.	6030

(B) Each state agency, upon the request of the commission,	6031
shall cooperate in the implementation of this section and sections	6032
6161.04 and 6161.05 of the Revised Code.	6033

~~Sec. 1506.22.~~ Sec. 6161.04. (A) Except as provided in division (B)	6034
of this section, the state agency whose director has been	6035
designated to administer the Lake Erie protection fund under	6036
section ~~1506.23~~6161.05 of the Revised Code is hereby designated	6037
the lead agency for the implementation in this state of the	6038
purposes of the great lakes protection fund, a regional trust fund	6039
established by the great lakes states to advance the principles,	6040
goals, and objectives of the great lakes toxic substances control	6041
agreement and the great lakes water quality agreement, as they may	6042
be revised and amended.	6043

(B) The governor shall appoint two members from this state to	6044
the board of directors of the great lakes protection fund as	6045
provided in the bylaws and articles of incorporation of the fund.	6046
Of the initial appointments made to the board, one shall serve for	6047
a term of one year and one shall serve for a term of two years;	6048
thereafter, the members of the board of directors from this state	6049
shall serve for terms of two years. The governor may remove any	6050
member at any time as provided in the bylaws and articles of	6051
incorporation of the fund. In the event of a vacancy, the governor	6052
shall appoint a successor to hold office for the remainder of the	6053
term for which the member's predecessor was appointed. Any member	6054
shall continue in office subsequent to the expiration date of the	6055
member's term until the member's successor takes office or until a	6056
period of sixty days has elapsed, whichever occurs first.	6057

Membership on the board does not constitute holding a public	6058
office or position of employment under the laws of this state and	6059
is not grounds for removal of public officers or employees from	6060
their offices or positions of employment.	6061

Members of the board from this state shall receive no	6062
compensation, but shall be reimbursed for their actual and	6063
necessary expenses incurred in the performance of their official	6064
duties.	6065

~~Sec. 1506.23.~~ Sec. 6161.05. (A) There is hereby created in the	6066
state treasury the Lake Erie protection fund, which shall consist	6067
of moneys deposited into the fund from the issuance of Lake Erie	6068
license plates under section 4503.52 of the Revised Code and	6069
donations, gifts, bequests, and other moneys received for the	6070
purposes of this section. Not later than the first day of June	6071
each year, the ~~Ohio Lake Erie~~great lakes state commission created	6072
in section ~~1506.21~~6161.02 of the Revised Code shall designate ~~one~~	6073
~~of its members~~the director of environmental protection, natural	6074
resources, health, agriculture, or transportation to administer	6075
the fund and, with the approval of the commission, to expend	6076
moneys from the fund for any of the following purposes:	6077

(1) Accelerating the pace of research into the economic,	6078
environmental, and human health effects of contamination of Lake	6079
Erie and its tributaries;	6080

(2) Funding cooperative research and data collection	6081
regarding Lake Erie water quality and toxic contamination;	6082

(3) Developing improved methods of measuring water quality	6083
and establishing a firm scientific base for implementing a	6084
basinwide system of water quality management for Lake Erie and its	6085
tributaries;	6086

(4) Supporting research to improve the scientific knowledge	6087
on which protection policies are based and devising new and	6088
innovative clean-up techniques for toxic contaminants;	6089

(5) Supplementing, in a stable and predictable manner, state	6090
commitments to policies and programs pertaining to Lake Erie water	6091
quality and resource protection;	6092

(6) Encouraging cooperation with and among leaders from state	6093
legislatures, state agencies, political subdivisions, business and	6094
industry, labor, institutions of higher education, environmental	6095
organizations, and conservation groups within the Lake Erie basin;	6096

(7) Awarding of grants to any agency of the United States,	6097
any state agency, as "agency" is defined in division (A)(2) of	6098
section 111.15 of the Revised Code, any political subdivision, any	6099
educational institution, or any nonprofit organization for the	6100
development and implementation of projects and programs that are	6101
designed to protect Lake Erie by reducing toxic contamination of	6102
or improving water quality in Lake Erie;	6103

(8) Expenses authorized by the ~~Ohio Lake Erie~~great lakes	6104
state commission necessary to implement this chapter.	6105

(B) Moneys in the Lake Erie protection fund are not intended	6106
to replace other moneys expended by any agency of the United	6107
States, any state agency, as "agency" is so defined, any political	6108
subdivision, any educational institution, or any nonprofit	6109
organization for projects and programs that are designed to	6110
protect Lake Erie by reducing toxic contamination of or improving	6111
water quality in Lake Erie.	6112

(C) Each March, the ~~Ohio Lake Erie~~great lakes state	6113
commission shall publish a Lake Erie protection agenda that	6114
describes proposed uses of the Lake Erie protection fund for the	6115
following state fiscal year. The agenda shall be the subject of at	6116
least one public meeting of the commission held in the Lake Erie	6117
basin. The commission shall submit the agenda to the governor, the	6118
president of the senate, and the speaker of the house of	6119
representatives.	6120

(D) Not later than September 1, 1991, and annually	6121
thereafter, the ~~Lake Erie~~great lakes state commission shall	6122
prepare a report of the activities that were undertaken by the	6123
commission under this section during the immediately preceding	6124
fiscal year, including, without limitation, revenues and expenses	6125
for the preceding fiscal year. The commission shall submit the	6126
report to the governor, the president of the senate, and the	6127
speaker of the house of representatives.	6128

~~Sec. 1506.24.~~ Sec. 6161.06. (A) There is hereby created in the	6129
state treasury the Lake Erie resources fund, which shall consist	6130
of moneys awarded to the state from the great lakes protection	6131
fund and donations, gifts, bequests, and other moneys received for	6132
the purposes of this section. Not later than the first day of June	6133
each year, the ~~Ohio Lake Erie~~great lakes state commission created	6134
in section ~~1506.21~~6161.02 of the Revised Code shall designate ~~one~~	6135
~~of its members~~the director of environmental protection, natural	6136
resources, health, agriculture, or transportation to administer	6137
the fund and, with the approval of the commission, to expend	6138
moneys from the fund for any of the following purposes:	6139

(1) Accelerating the pace of research into the economic,	6140
environmental, and human health effects of contamination of Lake	6141
Erie and its tributaries;	6142

(2) Funding cooperative research and data collection	6143
regarding Lake Erie water quality and toxic contamination;	6144

(3) Developing improved methods of measuring water quality	6145
and establishing a firm scientific base for implementing a	6146
basinwide system of water quality management for Lake Erie and its	6147
tributaries;	6148

(4) Supporting research to improve the scientific knowledge	6149
on which protection policies are based and devising new and	6150
innovative clean-up techniques for toxic contaminants;	6151

(5) Supplementing, in a stable and predictable manner, state	6152
commitments to policies and programs pertaining to Lake Erie water	6153
quality and resource protection;	6154

(6) Encouraging cooperation with and among leaders from state	6155
legislatures, state agencies, political subdivisions, business and	6156
industry, labor, institutions of higher education, environmental	6157
organizations, and conservation groups within the Lake Erie basin;	6158

(7) Awarding of grants to any agency of the United States,	6159
any state agency, as "agency" is defined in division (A)(2) of	6160
section 111.15 of the Revised Code, any political subdivision, any	6161
educational institution, or any nonprofit organization for the	6162
development and implementation of projects and programs that are	6163
designed to protect Lake Erie by reducing toxic contamination of	6164
or improving water quality in Lake Erie;	6165

(8) Expenses authorized by the ~~Ohio Lake Erie~~great lakes	6166
state commission necessary to implement this chapter.	6167

(B) Moneys in the Lake Erie resources fund are not intended	6168
to replace other moneys expended by any agency of the United	6169
States, any state agency, as "agency" is so defined, any political	6170
subdivision, any educational institution, or any nonprofit	6171
organization for projects and programs that are designed to	6172
protect Lake Erie by reducing toxic contamination of or improving	6173
water quality in Lake Erie.	6174

(C) Each March, the ~~Ohio Lake Erie~~great lakes state	6175
commission shall publish a Lake Erie protection agenda that	6176
describes proposed uses of the Lake Erie resources fund for the	6177
following state fiscal year. The agenda shall be the subject of at	6178
least one public meeting of the commission held in the Lake Erie	6179
basin. The commission shall submit the agenda to the governor, the	6180
president of the senate, and the speaker of the house of	6181
representatives.	6182

(D) Annually the ~~Lake Erie~~great lakes state commission shall	6183
prepare a report of the activities that were undertaken by the	6184
commission under this section during the immediately preceding	6185
fiscal year, including, without limitation, revenues and expenses	6186
for the preceding fiscal year. The commission shall submit the	6187
report to the governor, the president of the senate, and the	6188
speaker of the house of representatives.	6189

Section 2. That existing sections 101.83, 101.84, 101.85,	6190
101.86, 119.01, 121.084, 121.32, 127.14, 149.304, 173.03, 173.04,	6191
901.90, 1121.12, 1121.18, 1121.29, 1123.01, 1123.02, 1123.03,	6192
1123.04, 1155.13, 1163.16, 1181.11, 1315.122, 1349.71, 1506.22,	6193
1506.23, 1506.24, 1521.19, 1733.32, 3119.024, 3301.90, 3311.71,	6194
3313.6013, 3335.27, 3345.062, 3701.025, 3701.63, 3702.79, 3702.80,	6195
3702.81, 3702.85, 3702.86, 3702.93, 3702.94, 3705.35, 3705.36,	6196
3718.03, 3727.312, 3727.313, 3727.321, 3727.39, 3727.41, 3743.54,	6197
3746.04, 3769.083, 3769.085, 3769.086, 3905.04, 3905.481,	6198
3905.484, 3905.485, 3905.486, 3905.88, 3929.631, 3929.64, 3929.68,	6199
3930.02, 3930.03, 4121.03, 4121.121, 4121.77, 4123.341, 4123.342,	6200
4123.35, 4169.02, 4169.03, 4169.04, 4169.05, 4169.06, 4503.52,	6201
4503.77, 4723.61, 4723.63, 4723.69, 4981.361, 5104.39, 5111.708,	6202
5123.032, and 5123.093 and sections 101.37, 121.374, 122.98,	6203
122.981, 125.833, 181.22, 184.23, 184.231, 1181.16, 1181.17,	6204
1501.25, 1506.12, 1506.21, 1733.329, 1733.3210, 2151.282,	6205
2323.44, 3311.77, 3319.70, 3319.71, 3701.92, 3702.92, 3727.32,	6206
3727.322, 3746.03, 3769.084, 3905.483, 4121.79, 4501.025,	6207
4723.62, 4723.621, 4937.01, 4937.02, 4937.03, 4937.04,	6208
4937.05, 5104.08, 5111.709, 5111.710, and 5902.15 of the	6209
Revised Code are hereby repealed.	6210

Section 3. The following agencies shall be retained pursuant	6211
to division (D) of section 101.83 of the Revised Code and shall	6212
expire on December 31, 2016:	6213

AGENCY NAME	REVISED CODE OR UNCODIFIED SECTION	6214
Academic Distress Commission	3302.10	6215
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	6216
Advisory Board to Assist and Advise in the Operation of the Ohio Center for Autism and Low Incidence	3323.33, 3323.34	6217
Advisory Council on Amusement Ride Safety	1711.51, 1711.52	6218
Advisory Council of Directors for Prison Labor	5145.162	6219
Advisory Council for Wild, Scenic, or Recreational River Area(s)	1547.84	6220
Advisory Committee on Livestock Exhibitions	901.71	6221
Agricultural Commodity Marketing Programs Operating Committees	924.07	6222
Agricultural Commodity Marketing Programs Coordinating Committee	924.14	6223
Alternative Energy Advisory Committee	4928.64(D)	6224
AMBER Alert Advisory Committee	5502.521	6225
Apprenticeship Council	Chapter 4139.	6226
Armory Board of Control	5911.09, 5911.12	6227
Automated Title Processing Board	4505.09(C)(1)	6228
Backflow Advisory Board	3703.21	6229
Board of Directors of the Great Lakes Protection Fund	1506.22 (6161.04)	6230
Board of Directors of the Ohio Appalachian Center for Higher Education	3333.58	6231
Board of Directors of the Ohio Health Reinsurance Program	3924.08 - 3924.11	6232
Board of Voting Machines Examiners	3506.05	6233
Budget Planning and Management Commission	Section 509.10, H.B. 1, 128th G.A.	6234
Brain Injury Advisory Committee	3304.231	6235
Bureau of Workers' Compensation Board of Directors	4121.12	6236
Capitol Square Review and Advisory Board	105.41	6237
Children's Trust Fund Board	3109.15 - 3109.17	6238
Citizen's Advisory Council	5123.092, 5123.093	6239
Clean Ohio Trail Advisory Board	1519.06	6240
Commission on African-American Males	4112.12, 4112.13	6241
Commission on Minority Health	3701.78	6242
Committee on Prescriptive Governance	4723.49 - 4723.492	6243
Committee to Study Publicly Funded Child Care Services	Section 309.40.70, H.B. 1, 128th G.A.	6244
Commodity Advisory Commission	926.32	6245
Consumer Advisory Committee to the Rehabilitation Services Commission	3304.24	6246
Credential Review Board	3319.65	6247
Consumer Finance Education Board	1349.71, 1349.72	6248
Continuing Education Committee	109.80(B)	6249
Council on Alcohol and Drug Addiction Services	3793.09	6250
Council on Unreclaimed Strip Mined Lands	1513.29	6251
County Sheriff's Standard Car Marking and Uniform Commission	311.25 - 311.27	6252
Department Advisory Council(s)	107.18, 121.13	6253
Development Financing Advisory Council	122.40, 122.41	6254
Education Commission of the States (Interstate Compact for Education)	3301.48, 3301.49	6255
Education Management Information System Advisory Board	3301.0713	6256
Educator Standards Board	3319.60	6257
Electrical Safety Inspector Advisory Committee	3783.08	6258
Emergency Response Commission	3750.02	6259
Environmental Education Council	3745.21	6260
Environmental Protection Agency Advisory Board(s)	121.13, 3704.03, 3745.01	6261
eTech Ohio Commission	3353.02 - 3353.04	6262
Ex-Offender Reentry Coalition	5120.07	6263
Farmland Preservation Advisory Board	901.23	6264
Financial Planning and Supervision Commission(s)	118.05 - 118.09	6265
Financial Planning and Supervision Commission for (name of school district)	3316.05 - 3316.07	6266
Forestry Advisory Council	1503.40	6267
Governance Authority for a State University or College	3345.75	6268
Governor's Council on People with Disabilities	3303.41	6269
Governor's Policy Information Working Group	Section 313, H.B. 420, 127th G.A.	6270
Governor's Residence Advisory Commission	107.40	6271
Grain Marketing Program Operating Committee	924.20 - 924.30	6272
Gubernatorial Transition Committee	107.29, 126.26	6273
Help Me Grow Advisory Council	3701.611	6274
Hemophilia Advisory Subcommittee of the Medically Handicapped Children's Medical Advisory Council	3701.0210	6275
Homeland Security Advisory Council	5502.011(E)	6276
Harmon Commission	3306.50	6277
Housing Trust Fund Advisory Committee	174.06	6278
Industrial Commission Nominating Council	4121.04	6279
Industrial Technology and Enterprise Advisory Council	122.29, 122.30	6280
Infant Hearing Screening Subcommittee	3701.507	6281
Joint Select Committee on Volume Cap	133.021	6282
Labor-Management Government Advisory Council	4121.70	6283
Legal Rights Service Commission	5123.60	6284
Legislative Programming Committee of the Ohio Government Telecommunications Service	3353.07	6285
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	6286
Maternity and Newborn Advisory Council	3711.20, 3711.21	6287
Medically Handicapped Children's Medical Advisory Council	3701.025	6288
Milk Sanitation Board	917.03 - 917.032	6289
Mine Subsidence Insurance Governing Board	3929.51	6290
Minority Development Financing Advisory Board	122.72, 122.73	6291
Multi-Agency Radio Communications System (MARCS) Steering Committee	Section 15.02, H.B. 640, 123rd G.A.	6292
National Museum of Afro-American History and Culture Planning Committee	149.303	6293
New African Immigrants Commission	4112.31, 4112.32	6294
Ohio Accountability Task Force	3302.021(E)	6295
Ohio Advisory Council for the Aging	173.03	6296
Ohio Arts Council	Chapter 3379.	6297
Ohio Business Gateway Steering Committee	5703.57	6298
Ohio Cemetery Dispute Resolution Commission	4767.05, 4767.06	6299
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)(4)	6300
Ohio Commission on Dispute Resolution and Conflict Management	179.02 - 179.04	6301
Ohio Community Service Council	121.40 - 121.404	6302
Ohio Council for Interstate Adult Offender Supervision	5149.22	6303
Ohio Cultural Facilities Commission	Chapter 3383.	6304
Ohio Developmental Disabilities Council	5123.35	6305
Ohio Expositions Commission	991.02	6306
Ohio Family and Children First Cabinet Council	121.37	6307
Ohio Geographically Referenced Information Program Council	125.901, 125.902	6308
Ohio Historic Site Preservation Advisory Board	149.301	6309
Ohio Geology Advisory Council	1501.11	6310
Ohio Grape Industries Committee	924.51 - 924.55	6311
Ohio Historical Society Board of Trustees	149.30	6312
Ohio Judicial Conference	105.91 - 105.97	6313
Ohio Legislative Commission on the Education and Preservation of State History	Section 701.05, H.B. 1, 128th G.A.	6314
Ohio Medical Quality Foundation	3701.89	6315
Ohio Parks and Recreation Council	1541.40	6316
Ohio Peace Officer Training Commission	109.71, 109.72	6317
Ohio Private Investigation and Security Services Commission	4749.021, 4743.01	6318
Ohio Public Defender Commission	120.01 - 120.03	6319
Ohio Public Library Information Network Board of Trustees	3375.65, 3375.66	6320
Ohio Small Government Capital Improvements Commission	164.02(C)(D)	6321
Ohio Soil and Water Conservation Commission	1515.02	6322
Ohio Steel Industry Advisory Council	122.97, 122.971	6323
Ohio Transportation Finance Commission	5531.12(B) to (D)	6324
Ohio Tuition Trust Authority	3334.03, 3334.08	6325
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10, 3337.11	6326
Ohio Vendors Representative Committee	3304.34, 20 USC 107	6327
Ohio War Orphans Scholarship Board	5910.02 - 5910.06	6328
Ohio Water Advisory Council	1521.031	6329
Ohio Water Resources Council Advisory Group	1521.19	6330
Ohio Water Resources Council	1521.19	6331
Ohioana Library Association, Martha Kinney Cooper Memorial, Board of Trustees	3375.61, 3375.62	6332
Oil and Gas Commission	1509.35	6333
Operating Committee of the Oil and Gas Marketing Program	1510.06, 1510.11	6334
Organized Crime Investigations Commission	177.01	6335
Pharmacy and Therapeutics Committee of the Department of Job and Family Services	5111.084	6336
Physician Assistant Policy Committee of the State Medical Board	4730.05, 4730.06	6337
Power Siting Board	4906.02	6338
Prequalification Review Board	5525.07	6339
Private Water Systems Advisory Council	3701.346	6340
Public Health Council	3701.33, 3701.34	6341
Public Schools Health Care Advisory Committee	9.901	6342
Public Utilities Commission Nominating Council	4901.021	6343
Public Utility Property Tax Study Committee	5727.85(K)	6344
Radiation Advisory Council	3748.20	6345
Reclamation Commission	1513.05	6346
Reclamation Forfeiture Fund Advisory Board	1513.182	6347
Recreation and Resources Commission	1501.04	6348
Recycling and Litter Prevention Advisory Council	1502.04	6349
School and Ministerial Lands Divestiture Committee	501.041	6350
School Employees Health Care Board	9.901	6351
School Funding Advisory Council	3306.29	6352
Second Chance Trust Fund Advisory Committee	2108.35	6353
Service Coordination Workgroup	Section 751.20, H.B. 1, 128th G.A.	6354
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	6355
Solid Waste Management Advisory Council	3734.51	6356
Special Commission to Consider the Suspension of Local Government Officials	3.16	6357
Speed to Scale Task Force	Section 375.60.80, H.B. 119, 128th G.A.	6358
State Audit Committee	126.46	6359
State Council of Uniform State Laws	105.21 - 105.27	6360
State Criminal Sentencing Commission	181.21 - 181.26	6361
State Fire Commission	3737.81	6362
State Library Board	3375.01	6363
State Regional Alliance Advisory Board	3312.11, 3312.12	6364
State Victims Assistance Advisory Committee	109.91(B) and (C)	6365
Statewide Consortium of County Law Library Resource Boards	3375.481	6366
STEM Committee	3326.02	6367
Student Tuition Recovery Authority	3332.081	6368
Sunset Review Committee	101.84 - 101.87	6369
Tax Credit Authority	122.17(M)	6370
Technical Advisory Committee to Assist Director of the Ohio Coal Development Office	1551.35	6371
Technical Advisory Council on Oil and Gas	1509.38	6372
Transportation Review Advisory Council	5512.07 - 5512.09	6373
Unemployment Compensation Advisory Council	4141.08	6374
Unemployment Compensation Review Commission	4141.06	6375
Unified Long-Term Care Budget Work group	Section 209.40, Am. Sub. H.B. 1, 128th G.A.	6376
Veterans Advisory Committee	5902.02(K)	6377
Volunteer Fire Fighters' Dependents Fund Boards (private volunteer)	146.02 - 146.06	6378
Volunteer Fire Fighters' Dependents Fund Boards (public)	146.02 - 146.06	6379
Water and Sewer Commission	1525.11(C)	6380
Waterways Safety Council	1547.73	6381
Wildlife Council	1531.03 - 1531.05	6382
Workers' Compensation Board of Directors Nominating Committee	4121.123	6383
Workers' Compensation Council	4121.75 - 4121.78	6384
		6385

Section 4. That sections 101.82, 101.83, 101.84, 101.85,	6386
101.86, and 101.87 of the Revised Code are hereby repealed on	6387
December 31, 2016.	6388

Section 4.01. That section 101.38 of the Revised Code is	6389
hereby repealed on December 31, 2011.	6390

Section 5.01. That Section 203 of Am. Sub. H.B. 15 of the	6391
128th General Assembly be amended to read as follows:	6392

Sec. 203. WCC WORKERS' COMPENSATION COUNCIL

6393

5FV0	321600	Remuneration Expenses	$	471,200	$	~~471,200~~ 0	6394
TOTAL 5FV0 Workers' Compensation Council Remuneration Fund			$	471,200	$	~~471,200~~ 0	6395
TOTAL ALL BUDGET FUND GROUPS			$	471,200	$	~~471,200~~ 0	6396

WORKERS' COMPENSATION COUNCIL

6397

~~The foregoing appropriation item 321600, Remuneration~~	6398
~~Expenses, shall be used to pay the payroll and fringe benefit~~	6399
~~costs for employees of the Workers' Compensation Council.~~	6400

~~Between July 1, 2009, and December 31, 2009, the~~	6401
~~Administrator of Workers' Compensation shall direct the Treasurer~~	6402
~~of State to transfer $325,000 in cash from the Workers'~~	6403
~~Compensation Fund (Fund 7023) to the Workers' Compensation Council~~	6404
~~Fund, created in division (C) of section 4121.79 of the Revised~~	6405
~~Code, in three installments. These transfers shall be made~~	6406
~~according to a schedule agreed to by the Director of the Workers'~~	6407
~~Compensation Council and the Administrator of Workers'~~	6408
~~Compensation.~~	6409

~~If the Workers' Compensation Council contracts with an~~	6410
~~independent actuary to have that actuary perform an actuarial~~	6411
~~valuation as described in division (A)(1) of Section 512.45 of Am.~~	6412
~~Sub. H.B. 100 of the 127th General Assembly as amended by this~~	6413
~~act, or a review as described in division (A)(2), (3), or (4) of~~	6414
~~Section 512.45 of Am. Sub. H.B. 100 of the 127th General Assembly~~	6415
~~as amended by this act, on or before January 31, 2011, the~~	6416
~~Director of the Workers' Compensation Council shall request the~~	6417
~~funds necessary to cover the expenses of the valuation or review,~~	6418
~~which amount shall not exceed $650,000, from the Administrator of~~	6419
~~Workers' Compensation. The Administrator shall direct the~~	6420
~~Treasurer of State to transfer the amount requested by the~~	6421
~~Director from the Workers' Compensation Fund (Fund 7023) to the~~	6422
~~Workers' Compensation Council Fund created in division (C) of~~	6423
~~section 4121.79 of the Revised Code. The Director and~~	6424
~~Administrator shall agree to a schedule for the transfer of these~~	6425
~~funds.~~	6426

(A) The General Assembly shall review the Workers'	6427
Compensation Council and its funding.	6428

(B) On the effective date of this amendment, or as soon as	6429
possible thereafter, the Director of Budget and Management shall	6430
transfer the remaining unencumbered cash balance in the Workers'	6431
Compensation Council Remuneration Fund (Fund 5FV0) to the Workers'	6432
Compensation Fund (Fund 7023). Upon completion of the transfer,	6433
the Workers' Compensation Council Remuneration Fund is abolished.	6434

(C)(1) On the effective date of this amendment, or as soon as	6435
possible thereafter, the Treasurer of State shall transfer the	6436
remaining unencumbered cash balance in the Workers' Compensation	6437
Council Fund created in division (C) of section 4121.79 of the	6438
Revised Code to Fund 7023. Upon completion of the transfer, the	6439
Workers' Compensation Council Fund is abolished.	6440

(2) As soon as possible after the Workers' Compensation	6441
Council Fund has been abolished, the Administrator of Workers'	6442
Compensation shall refund to employers any such unexpended,	6443
unencumbered amounts that were originally collected as an	6444
assessment for costs attributable to the activities of the	6445
Workers' Compensation Council.	6446

Section 5.02. That existing Section 203 of Am. Sub. H.B. 15	6447
of the 128th General Assembly is hereby repealed.	6448

Section 5.09. That Section 513.03 of Am. Sub. H.B. 66 of the	6449
126th General Assembly, as amended by Am. Sub. H.B. 100 of the	6450
126th General Assembly, be amended to read as follows:	6451

Sec. 513.03. (A) Notwithstanding any provision of law to the	6452
contrary and during the period beginning July 1, 2005, and ending	6453
May 1, 2006, or the effective date of H.B. 397 of the 126th	6454
General Assembly, whichever is earlier, the Director of	6455
Environmental Protection or a board of health as defined in	6456
section 3714.01 of the Revised Code shall not issue a license to	6457
open a new construction and demolition debris facility under	6458
Chapter 3714. of the Revised Code and rules adopted under it.	6459
Except as otherwise provided in this division, the moratorium	6460
established by this division applies both with respect to an	6461
application for a license to open a new construction and	6462
demolition debris facility that is submitted on or after the	6463
effective date of this section and to an application for such a	6464
license that has been submitted to the Director or a board of	6465
health prior to the effective date of this section, but concerning	6466
which a license for a facility has not been issued as of that	6467
effective date.	6468

The board of county commissioners of a county may request the	6469
Director or a board of health to continue to process an	6470
application for a license to open a new construction and	6471
demolition debris facility in that county that has been submitted	6472
to the Director or board of health prior to the effective date of	6473
this section. After receiving such a request from a board of	6474
county commissioners, the Director or board of health may then	6475
issue a license for the new construction and demolition debris	6476
facility notwithstanding the moratorium established by this	6477
division.	6478

The moratorium established by this division does not apply to	6479
a license for a new construction and demolition debris facility if	6480
the new facility will be located adjacent or contiguous to a	6481
previously licensed construction and demolition debris facility.	6482
The moratorium also does not apply to an expansion of or other	6483
modification to an existing licensed construction and demolition	6484
debris facility.	6485

(B) The moratorium established by division (A) of this	6486
section does not apply to an application for a license to	6487
establish a construction and demolition debris facility pending	6488
before a board of health or the Director of Environmental	6489
Protection, as applicable, prior to July 1, 2005, and such an	6490
application shall be reviewed and the license shall be issued or	6491
denied in accordance with Chapter 3714. of the Revised Code, if	6492
all of the following apply to the applicant for the license:	6493

(1) The applicant has acquired an interest in the property on	6494
which the facility will be located on or before May 1, 2005.	6495

(2) The applicant has begun a hydrogeologic investigation	6496
pursuant to section 3745-400-09 of the Ohio Administrative Code	6497
prior to submitting the application.	6498

(3) The applicant has begun the engineering plans for the	6499
facility prior to submitting the application.	6500

(4) The application submitted by the applicant would have	6501
been determined to be complete if the moratorium had not been in	6502
effect.	6503

The director shall determine whether this division applies to	6504
an applicant within forty-five days after receiving an applicant's	6505
request for a determination under this division.	6506

~~(C)(1) There is hereby created the Construction and~~	6507
~~Demolition Debris Facility Study Committee composed of the~~	6508
~~following thirteen members:~~	6509

~~(a) Three members of the House of Representatives appointed~~	6510
~~by the Speaker of the House of Representatives;~~	6511

~~(b) Three members of the Senate appointed by the President of~~	6512
~~the Senate;~~	6513

~~(c) The Director of Environmental Protection or the~~	6514
~~Director's designee;~~	6515

~~(d) One member representing health districts in the state~~	6516
~~appointed by the Governor;~~	6517

~~(e) Three members representing the construction and~~	6518
~~demolition debris industry in the state appointed by the Governor,~~	6519
~~one of whom shall be the owner of both a construction and~~	6520
~~demolition debris facility and a solid waste disposal facility;~~	6521

~~(f) Two members representing environmental consulting~~	6522
~~organizations or firms in the state appointed by the Governor.~~	6523

~~Appointments shall be made to the Committee not later than~~	6524
~~fifteen days after the effective date of this section. Members of~~	6525
~~the Committee shall not receive compensation for their service on~~	6526
~~the Committee and shall not receive reimbursement for expenses~~	6527
~~incurred related to that service.~~	6528

~~(2) The Committee shall study the laws of this state~~	6529
~~governing construction and demolition debris facilities and the~~	6530
~~rules adopted under those laws and shall make recommendations to~~	6531
~~the General Assembly regarding changes to those laws including,~~	6532
~~but not limited to, recommendations concerning the following~~	6533
~~topics:~~	6534

~~(a) The establishment of a code of ethics for owners and~~	6535
~~operators of construction and demolition debris facilities;~~	6536

~~(b) The establishment of best management practices;~~

6537

~~(c) Licensing requirements;~~

6538

~~(d) Testing and monitoring requirements and protocols;~~

6539

~~(e) Siting and setback criteria for construction and~~	6540
~~demolition debris facilities;~~	6541

~~(f) State and local oversight and regulatory authority;~~

6542

~~(g) Fees;~~

6543

~~(h) The regulation of construction and demolition debris from~~	6544
~~sources inside and outside the state;~~	6545

~~(i) The closure process for construction and demolition~~	6546
~~debris facilities.~~	6547

~~(3) The Committee shall submit a report of its study and any~~	6548
~~recommendations that it has developed to the General Assembly not~~	6549
~~later than September 30, 2005. The Committee shall cease to exist~~	6550
~~on the date on which it submits its report.~~	6551

~~The General Assembly shall enact legislation based on the~~	6552
~~recommendations of the Committee as soon as is practicable.~~	6553

Section 5.10. That existing Section 513.03 of Am. Sub. H.B.	6554
66 of the 126th General Assembly, as amended by Am. Sub. H.B. 100	6555
of the 126th General Assembly is hereby repealed.	6556

Section 6. That Section 6 of Am. Sub. H.B. 516 of the 125th	6557
General Assembly is repealed.	6558

This repeal prevents the repeal of sections 101.82, 101.83,	6559
101.84, 101.85, 101.86, and 101.87 of the Revised Code that was to	6560
be effective on December 31, 2010, and thereby removes this	6561
limitation upon the continued existence of sections 101.82 and	6562
101.87 of the Revised Code and upon the continued existence of	6563
sections 101.83, 101.84, 101.85, and 101.86 of the Revised Code as	6564
presented in Section 1 of this act. The rule of construction that	6565
the repeal of a repealing act does not revive the statute	6566
repealed, which is reflected in section 1.57 of the Revised Code,	6567
does not affect the intent of this section.	6568

Section 7. The following Sections are repealed:

6569

Sections 265.70.20, 709.10, and 751.13 of Am. Sub. H.B. 1 of	6570
the 128th General Assembly	6571

Sections 755.40, 755.80, and 756.40 of Am. Sub. H.B. 2 of the	6572
128th General Assembly	6573

Section 3 of Sub. H.B. 7 of the 127th General Assembly

6574

Section 555.17 of Am. Sub. H.B. 67 of the 127th General	6575
Assembly	6576

Sections 263.30.30, 337.20.20, 377.20, 737.11, and 737.12 of	6577
Am. Sub. H.B. 119 of the 127th General Assembly	6578

Sections 6 and 7 of Sub. H.B. 125 of the 127th General	6579
Assembly	6580

Section 2 of Sub. H.B. 233 of the 127th General Assembly

6581

Section 3 of Am. H.B. 416 of the 127th General Assembly

6582

Sections 703.30 and 715.50 of Am. Sub. H.B. 562 of the 127th	6583
General Assembly	6584

Section 512.45 of Am. Sub. H.B. 100 of the 127th General	6585
Assembly as amended by Am. Sub. H.B. 15 of the 128th General	6586
Assembly	6587

Section 4 of Am. Sub. S.B. 77 of the 127th General Assembly

6588

Sections 206.10.12, 206.42.12, 206.66.24, 206.66.43,	6589
209.63.58, 503.09, 503.12, and 560.03 of Am. Sub. H.B. 66 of the	6590
126th General Assembly	6591

Sections 3 and 4 of Sub. H.B. 187 of the 126th General	6592
Assembly	6593

Section 1 of Sub. H.B. 371 of the 126th General Assembly

6594

Section 235.60.70 of Am. Sub. H.B. 699 of the 126th General	6595
Assembly	6596

Section 3 of Am. Sub. S.B. 167 of the 126th General Assembly

6597

Section 5 of Am. Sub. S.B. 260 of the 126th General Assembly

6598

Section 3 of Am. Sub. S.B. 311 of the 126th General Assembly

6599

Section 3 of Sub. S.B. 393 of the 126th General Assembly

6600

Sections 12 and 25 of Am. Sub. H.B. 87 of the 125th General	6601
Assembly	6602

Sections 41.35 and 153 of Am. Sub. H.B. 95 of the 125th	6603
General Assembly	6604

Section 3 of Sub. H.B. 204 of the 125th General Assembly

6605

Section 8 of Sub. H.B. 299 of the 125th General Assembly

6606

Section 3 of Am. Sub. S.B. 86 of the 125th General Assembly

6607

Section 5 of Sub. H.B. 57 of the 124th General Assembly

6608

Section 3 of Am. Sub. H.B. 474 of the 124th General Assembly

6609

Section 4 of Am. Sub. S.B. 281 of the 124th General Assembly

6610

Section 701.20 of Am. Sub. H.B. 562 of the 127th General	6611
Assembly, as amended by Am. Sub. H.B. 1 of the 128th General	6612
Assembly	6613

Section 206.66.53 of Am. Sub. H.B. 66 of the 126th General	6614
Assembly, as amended by S.B. 87 of the 126th General Assembly	6615

Section 6 of Sub. H.B. 336 of the 126th General Assembly, as	6616
amended by Am. Sub. S.B. 155 of the 127th General Assembly	6617

Section 755.03 of Am. Sub. H.B. 530 of the 126th General	6618
Assembly, as amended by Am. Sub. H.B. 67 of the 127th General	6619
Assembly	6620

Section 6 of Am. Sub. S.B. 238 of the 126th General Assembly,	6621
as amended by Am. Sub. H.B. 461 of the 126th General Assembly	6622

Section 8 of Am. Sub. S.B. 311 of the 126th General Assembly,	6623
as amended by H.B. 190 of the 127th General Assembly	6624

Section 152 of Am. Sub. H.B. 95 of the 125th General	6625
Assembly, as amended by Am. Sub. S.B. 2 of the 125th General	6626
Assembly	6627

Section 59.29 of Am. Sub. H.B. 95 of the 125th General	6628
Assembly, as amended by Am. Sub. S.B. 189 of the 125th General	6629
Assembly	6630

Section 69 of H.B. 117 of the 121st General Assembly, as	6631
amended by H.B. 284 of the 121st General Assembly	6632

Section 7.01. Section 3 of Am. H.B. 416 of the 127th General	6633
Assembly is hereby repealed effective September 8, 2010.	6634

Section 8. (A) It is in part the intent of the General	6635
Assembly in enacting this act to implement the report of the	6636
Sunset Review Committee that was created by Am. Sub. H.B. 516 of	6637
the 125th General Assembly. That report is implemented in part as	6638
follows:	6639

(1) By the abolishment in this act, through amendments to	6640
relevant codified sections of law and through outright repeals of	6641
codified or uncodified sections of law, of numerous agencies, as	6642
defined in section 101.82 of the Revised Code, that were subject	6643
to the Committee's jurisdiction;	6644

(2) By the termination, through amendments to relevant	6645
codified sections of law and through outright repeals of codified	6646
or uncodified sections of law, of several agencies, as defined in	6647
section 101.82 of the Revised Code, that were subject to the	6648
Committee's jurisdiction;	6649

(3) By the transfer, through the amendment or enactment of	6650
codified or uncodified sections of law, of several agencies, as	6651
defined in section 101.82 of the Revised Code, that were subject	6652
to the Committee's jurisdiction;	6653

(4) By the renewal, through the amendment or enactment of	6654
codified or uncodified sections of law, of the existence of	6655
numerous agencies, as defined in section 101.82 of the Revised	6656
Code, that were subject to the Committee's jurisdiction.	6657

(B) In addition to the means of implementing the Committee's	6658
report mentioned in division (A) of this section, the General	6659
Assembly hereby declares its intent to abolish the Compact with	6660
Ohio Cities Task Force. This entity was subject to the Committee's	6661
jurisdiction, and the Committee declared that it should be	6662
abolished, but no express codified or uncodified source of law for	6663
them was found to exist by the General Assembly.	6664

(C) In addition to the means of implementing the Committee's	6665
report mentioned in division (A) of this section, the General	6666
Assembly hereby declares its intent to transfer the Advisory	6667
Boards to EPA for air pollution and the Advisory Boards to EPA for	6668
water pollution control into a new Advisory Boards to EPA for Air	6669
and Water Pollution Control. These entities were subject to the	6670
Committee's jurisdiction, and the Committee declared that they	6671
should be transferred, but no express codified or uncodified	6672
source of law for them was found to exist by the General Assembly.	6673

(D) In addition to the means of implementing the Committee's	6674
report mentioned in division (A) of this section, the General	6675
Assembly hereby declares its intent to renew the Advisory Council	6676
to Select Medicaid Drug Managers. This entity was subject to the	6677
Committee's jurisdiction, and the Committee declared that it	6678
should be renewed, but no express codified or uncodified source of	6679
law for them was found to exist by the General Assembly.	6680

(E) In addition to the means of implementing the Committee's	6681
report mentioned in division (A) of this section, the General	6682
Assembly hereby declares its intent to abolish the Ohio Teacher	6683
Education and Licensure Advisory Commission. This entity was	6684
subject to the Committee's jurisdiction, and the Committee	6685
declared that it should be abolished, but no express codified or	6686
uncodified source of law for them was found to exist by the	6687
General Assembly.	6688

Section 9. The Great Lakes state commission shall supersede	6689
the Ohio Lake Erie commission and the coastal resources advisory	6690
council and their members and succeed to and have and perform all	6691
the duties, powers, and obligations pertaining to the duties,	6692
powers, and obligations of the Ohio Lake Erie commission and the	6693
coastal resources advisory council and their members. All rules,	6694
actions, determinations, commitments, resolutions, decisions, and	6695
agreements pertaining to those duties, powers, obligations,	6696
functions, and rights in force or in effect on the effective date	6697
of this section shall continue in force and effect subject to any	6698
further lawful action thereon by the Great Lakes state commission.	6699
Wherever the Ohio Lake Erie commission and the coastal resources	6700
advisory council are referred to in any provision of law, or in	6701
any agreement or document that pertains to those duties, powers,	6702
obligations, functions, and rights, the reference is to the Great	6703
Lakes state commission.	6704

All authorized obligations and supplements thereto of the	6705
Ohio Lake Erie commission and the coastal resources advisory	6706
council and their members pertaining to the duties, powers, and	6707
obligations transferred are binding on the Great Lakes state	6708
commission, and nothing in this act impairs the obligations or	6709
rights thereunder or under any contract. The abolition of the Ohio	6710
Lake Erie commission and the coastal resources advisory council	6711
and the transfer of their duties, powers, and obligations do not	6712
affect the validity of agreements or obligations made by the Ohio	6713
Lake Erie commission and the coastal resources advisory council	6714
and their members pursuant to Chapters 4121., 4123., 4125., 4127.,	6715
4131., and 4167. of the Revised Code or any other provisions of	6716
law.	6717

In connection with the transfer of duties, powers,	6718
obligations, functions, and rights and abolition of the Ohio Lake	6719
Erie commission and the coastal resources advisory council, all	6720
real property and interest therein, documents, books, money,	6721
papers, records, machinery, furnishings, office equipment,	6722
furniture, and all other property over which the Ohio Lake Erie	6723
commission and the coastal resources advisory council have control	6724
pertaining to the duties, powers, and obligations transferred and	6725
the rights of the Ohio Lake Erie commission and the coastal	6726
resources advisory council to enforce or receive any of the	6727
aforesaid is automatically transferred to the Great Lakes state	6728
commission without necessity for further action on the part of the	6729
Great Lakes state commission. Additionally, all appropriations or	6730
reappropriations made to the Ohio Lake Erie commission and the	6731
coastal resources advisory council for the purposes of the	6732
performance of their duties, powers, and obligations, are	6733
transferred to the Great Lakes state commission to the extent of	6734
the remaining unexpended or unencumbered balance thereof, whether	6735
allocated or unallocated, and whether obligated or unobligated.	6736

Section 10. The medical loan repayment advisory board shall	6737
supersede the physician loan repayment advisory board and the	6738
dentist loan repayment advisory board and their members and	6739
succeed to and have and perform all the duties, powers, and	6740
obligations pertaining to the duties, powers, and obligations of	6741
the physician loan repayment advisory board and the dentist loan	6742
repayment advisory board and their members. All rules, actions,	6743
determinations, commitments, resolutions, decisions, and	6744
agreements pertaining to those duties, powers, obligations,	6745
functions, and rights in force or in effect on the effective date	6746
of this section shall continue in force and effect subject to any	6747
further lawful action thereon by the medical loan repayment	6748
advisory board. Wherever the physician loan repayment advisory	6749
board and the dentist loan repayment advisory board are referred	6750
to in any provision of law, or in any agreement or document that	6751
pertains to those duties, powers, obligations, functions, and	6752
rights, the reference is to the medical loan repayment advisory	6753
board.	6754

All authorized obligations and supplements thereto of the	6755
physician loan repayment advisory board and the dentist loan	6756
repayment advisory board and their members pertaining to the	6757
duties, powers, and obligations transferred are binding on the	6758
medical loan repayment advisory board, and nothing in this act	6759
impairs the obligations or rights thereunder or under any	6760
contract. The abolition of the physician loan repayment advisory	6761
board and the dentist loan repayment advisory board and the	6762
transfer of their duties, powers, and obligations do not affect	6763
the validity of agreements or obligations made by the physician	6764
loan repayment advisory board and the dentist loan repayment	6765
advisory board and their members pursuant to Chapters 4121.,	6766
4123., 4125., 4127., 4131., and 4167. of the Revised Code or any	6767
other provisions of law.	6768

In connection with the transfer of duties, powers,	6769
obligations, functions, and rights and abolition of the physician	6770
loan repayment advisory board and the dentist loan repayment	6771
advisory board, all real property and interest therein, documents,	6772
books, money, papers, records, machinery, furnishings, office	6773
equipment, furniture, and all other property over which the	6774
physician loan repayment advisory board and the dentist loan	6775
repayment advisory board have control pertaining to the duties,	6776
powers, and obligations transferred and the rights of the	6777
physician loan repayment advisory board and the dentist loan	6778
repayment advisory board to enforce or receive any of the	6779
aforesaid is automatically transferred to the medical loan	6780
repayment advisory board without necessity for further action on	6781
the part of the medical loan repayment advisory board.	6782
Additionally, all appropriations or reappropriations made to the	6783
physician loan repayment advisory board and the dentist loan	6784
repayment advisory board for the purposes of the performance of	6785
their duties, powers, and obligations, are transferred to the	6786
medical loan repayment advisory board to the extent of the	6787
remaining unexpended or unencumbered balance thereof, whether	6788
allocated or unallocated, and whether obligated or unobligated.	6789

Section 10.01. The Governor, the Speaker of the House of	6790
Representatives, and the President of the Senate, within thirty	6791
days after the effective date of this section, shall appoint	6792
members to the Medical Loan Repayment Advisory Board. Of the	6793
members appointed by the Governor, four shall be appointed to	6794
terms ending June 30, 2012, and five shall be appointed to terms	6795
ending June 30, 2013. Of the members appointed by the Speaker of	6796
the House of Representatives, one shall be appointed to a term	6797
ending June 30, 2012, and one shall be appointed to a term ending	6798
June 30, 2013. Of the members appointed by the President of the	6799
Senate, one shall be for a term ending June 30, 2012, and one	6800
shall be appointed for a term ending June 30, 2013. Thereafter,	6801
terms of office are as specified in section 3702.81 of the Revised	6802
Code.	6803

Section 11. The financial consumer council shall supersede	6804
the banking commission, savings and loan associations and savings	6805
banks board, and the credit union council and its members and	6806
succeed to and have and perform all the duties, powers, and	6807
obligations pertaining to the duties, powers, and obligations of	6808
the banking commission, savings and loan associations and savings	6809
banks board, credit union council, and their members. All rules,	6810
actions, determinations, commitments, resolutions, decisions, and	6811
agreements pertaining to those duties, powers, obligations,	6812
functions, and rights in force or in effect on the effective date	6813
of this section shall continue in force and effect subject to any	6814
further lawful action thereon by the banking commission. Wherever	6815
the banking commission, the savings and loan associations and	6816
savings banks board, or the credit union council is referred to in	6817
any provision of law, or in any agreement or document that	6818
pertains to those duties, powers, obligations, functions, and	6819
rights, the reference is to the financial consumer council.	6820

All authorized obligations and supplements thereto of the	6821
banking commission, the savings and loan associations and savings	6822
banks board, or the credit union council and their members	6823
pertaining to the duties, powers, and obligations transferred are	6824
binding on the financial consumer council, and nothing in this act	6825
impairs the obligations or rights thereunder or under any	6826
contract. The abolition of the banking commission, savings and	6827
loan associations and savings banks board, and the credit union	6828
council and the transfer of their duties, powers, and obligations	6829
do not affect the validity of agreements or obligations made by	6830
the banking commission, the savings and loan associations and	6831
savings banks board, the credit union council or their members	6832
pursuant to Chapters 4121., 4123., 4125., 4127., 4131., and 4167.	6833
of the Revised Code or any other provisions of law.	6834

In connection with the transfer of duties, powers,	6835
obligations, functions, and rights and abolition of the banking	6836
commission, savings and loan associations and savings banks board,	6837
and the credit union council, all real property and interest	6838
therein, documents, books, money, papers, records, machinery,	6839
furnishings, office equipment, furniture, and all other property	6840
over which the banking commission, savings and loan associations	6841
and savings banks board, and the credit union council has control	6842
pertaining to the duties, powers, and obligations transferred and	6843
the rights of the banking commission, savings and loan	6844
associations and savings banks board, and the credit union council	6845
to enforce or receive any of the aforesaid is automatically	6846
transferred to the financial consumer council without necessity	6847
for further action on the part of the financial consumer council.	6848
Additionally, all appropriations or reappropriations made to the	6849
banking commission, the savings and loan associations and savings	6850
banks board, and the credit union council for the purposes of the	6851
performance of their duties, powers, and obligations, are	6852
transferred to the financial consumer council to the extent of the	6853
remaining unexpended or unencumbered balance thereof, whether	6854
allocated or unallocated, and whether obligated or unobligated.	6855

Section 12. The hospital measures advisory council shall	6856
supersede the data collection and analysis group, the infection	6857
control group, and the group of experts in pediatric medicine and	6858
their members and succeed to and have and perform all the duties,	6859
powers, and obligations pertaining to the duties, powers, and	6860
obligations of the data collection and analysis group, the	6861
infection control group, and the group of experts in pediatric	6862
medicine and their members. All rules, actions, determinations,	6863
commitments, resolutions, decisions, and agreements pertaining to	6864
those duties, powers, obligations, functions, and rights in force	6865
or in effect on the effective date of this section shall continue	6866
in force and effect subject to any further lawful action thereon	6867
by the hospital measures advisory council. Wherever the data	6868
collection and analysis group, the infection control group, and	6869
the group of experts in pediatric medicine are referred to in any	6870
provision of law, or in any agreement or document that pertains to	6871
those duties, powers, obligations, functions, and rights, the	6872
reference is to the hospital measures advisory council.	6873

All authorized obligations and supplements thereto of the	6874
data collection and analysis group, the infection control group,	6875
and the group of experts in pediatric medicine and their members	6876
pertaining to the duties, powers, and obligations transferred are	6877
binding on the hospital measures advisory council, and nothing in	6878
this act impairs the obligations or rights thereunder or under any	6879
contract. The abolition of the data collection and analysis group,	6880
the infection control group, and the group of experts in pediatric	6881
medicine and the transfer of their duties, powers, and obligations	6882
do not affect the validity of agreements or obligations made by	6883
the data collection and analysis group, the infection control	6884
group, and the group of experts in pediatric medicine and their	6885
members pursuant to Chapters 4121., 4123., 4125., 4127., 4131.,	6886
and 4167. of the Revised Code or any other provisions of law.	6887

In connection with the transfer of duties, powers,	6888
obligations, functions, and rights and abolition of the data	6889
collection and analysis group, the infection control group, and	6890
the group of experts in pediatric medicine, all real property and	6891
interest therein, documents, books, money, papers, records,	6892
machinery, furnishings, office equipment, furniture, and all other	6893
property over which the data collection and analysis group, the	6894
infection control group, and the group of experts in pediatric	6895
medicine have control pertaining to the duties, powers, and	6896
obligations transferred and the rights of the data collection and	6897
analysis group, the infection control group, and the group of	6898
experts in pediatric medicine to enforce or receive any of the	6899
aforesaid is automatically transferred to the hospital measures	6900
advisory council without necessity for further action on the part	6901
of the hospital measures advisory council. Additionally, all	6902
appropriations or reappropriations made to the data collection and	6903
analysis group, the infection control group, and the group of	6904
experts in pediatric medicine for the purposes of the performance	6905
of their duties, powers, and obligations, are transferred to the	6906
hospital measures advisory council to the extent of the remaining	6907
unexpended or unencumbered balance thereof, whether allocated or	6908
unallocated, and whether obligated or unobligated.	6909

Section 13. The commission on Hispanic-Latino affairs shall	6910
supersede the interagency council on Hispanic-Latino affairs and	6911
its members and succeed to and have and perform all the duties,	6912
powers, and obligations pertaining to the duties, powers, and	6913
obligations of the interagency council on Hispanic-Latino affairs	6914
and its members. All rules, actions, determinations, commitments,	6915
resolutions, decisions, and agreements pertaining to those duties,	6916
powers, obligations, functions, and rights in force or in effect	6917
on the effective date of this section shall continue in force and	6918
effect subject to any further lawful action thereon by the	6919
commission on Hispanic-Latino affairs. Wherever the interagency	6920
council on Hispanic-Latino affairs is referred to in any provision	6921
of law, or in any agreement or document that pertains to those	6922
duties, powers, obligations, functions, and rights, the reference	6923
is to the commission on Hispanic-Latino affairs.	6924

All authorized obligations and supplements thereto of the	6925
interagency council on Hispanic-Latino affairs and its members	6926
pertaining to the duties, powers, and obligations transferred are	6927
binding on the commission on Hispanic-Latino affairs, and nothing	6928
in this act impairs the obligations or rights thereunder or under	6929
any contract. The abolition of the interagency council on	6930
Hispanic-Latino affairs and the transfer of their duties, powers,	6931
and obligations do not affect the validity of agreements or	6932
obligations made by the interagency council on Hispanic-Latino	6933
affairs and its members pursuant to Chapters 4121., 4123., 4125.,	6934
4127., 4131., and 4167. of the Revised Code or any other	6935
provisions of law.	6936

In connection with the transfer of duties, powers,	6937
obligations, functions, and rights and abolition of the	6938
interagency council on Hispanic-Latino affairs, all real property	6939
and interest therein, documents, books, money, papers, records,	6940
machinery, furnishings, office equipment, furniture, and all other	6941
property over which the interagency council on Hispanic-Latino	6942
affairs has control pertaining to the duties, powers, and	6943
obligations transferred and the rights of the interagency council	6944
on Hispanic-Latino affairs to enforce or receive any of the	6945
aforesaid is automatically transferred to the commission on	6946
Hispanic-Latino affairs without necessity for further action on	6947
the part of the commission on Hispanic-Latino affairs.	6948
Additionally, all appropriations or reappropriations made to the	6949
interagency council on Hispanic-Latino affairs for the purposes of	6950
the performance of their duties, powers, and obligations, are	6951
transferred to the commission on Hispanic-Latino affairs to the	6952
extent of the remaining unexpended or unencumbered balance	6953
thereof, whether allocated or unallocated, and whether obligated	6954
or unobligated.	6955

Section 14. The early childhood advisory council shall	6956
supersede the early childhood financing workgroup and its members	6957
and succeed to and have and perform all the duties, powers, and	6958
obligations pertaining to the duties, powers, and obligations of	6959
the early childhood financing workgroup and its members. All	6960
rules, actions, determinations, commitments, resolutions,	6961
decisions, and agreements pertaining to those duties, powers,	6962
obligations, functions, and rights in force or in effect on the	6963
effective date of this section shall continue in force and effect	6964
subject to any further lawful action thereon by the early	6965
childhood advisory council. Wherever the early childhood financing	6966
workgroup is referred to in any provision of law, or in any	6967
agreement or document that pertains to those duties, powers,	6968
obligations, functions, and rights, the reference is to the early	6969
childhood advisory council.	6970

All authorized obligations and supplements thereto of the	6971
early childhood financing workgroup and its members pertaining to	6972
the duties, powers, and obligations transferred are binding on the	6973
early childhood advisory council, and nothing in this act impairs	6974
the obligations or rights thereunder or under any contract. The	6975
abolition of the early childhood financing workgroup and the	6976
transfer of their duties, powers, and obligations do not affect	6977
the validity of agreements or obligations made by the early	6978
childhood financing workgroup and its members pursuant to Chapters	6979
4121., 4123., 4125., 4127., 4131., and 4167. of the Revised Code	6980
or any other provisions of law.	6981

In connection with the transfer of duties, powers,	6982
obligations, functions, and rights and abolition of the early	6983
childhood financing workgroup, all real property and interest	6984
therein, documents, books, money, papers, records, machinery,	6985
furnishings, office equipment, furniture, and all other property	6986
over which the early childhood financing workgroup has control	6987
pertaining to the duties, powers, and obligations transferred and	6988
the rights of the early childhood financing workgroup to enforce	6989
or receive any of the aforesaid is automatically transferred to	6990
the early childhood advisory council without necessity for further	6991
action on the part of the early childhood advisory council.	6992
Additionally, all appropriations or reappropriations made to the	6993
early childhood financing workgroup for the purposes of the	6994
performance of their duties, powers, and obligations, are	6995
transferred to the early childhood advisory council to the extent	6996
of the remaining unexpended or unencumbered balance thereof,	6997
whether allocated or unallocated, and whether obligated or	6998
unobligated.	6999

Section 15. The board of governors of the medical liability	7000
underwriting association shall supersede the directors of the	7001
medical liability underwriting association stabilization reserve	7002
fund and its members and succeed to and have and perform all the	7003
duties, powers, and obligations pertaining to the duties, powers,	7004
and obligations of the directors of the medical liability	7005
underwriting association stabilization reserve fund and its	7006
members. All rules, actions, determinations, commitments,	7007
resolutions, decisions, and agreements pertaining to those duties,	7008
powers, obligations, functions, and rights in force or in effect	7009
on the effective date of this section shall continue in force and	7010
effect subject to any further lawful action thereon by the board	7011
of governors of the medical liability underwriting association.	7012
Wherever the directors of the medical liability underwriting	7013
association stabilization reserve fund is referred to in any	7014
provision of law, or in any agreement or document that pertains to	7015
those duties, powers, obligations, functions, and rights, the	7016
reference is to the board of governors of the medical liability	7017
underwriting association.	7018

All authorized obligations and supplements thereto of the	7019
directors of the medical liability underwriting association	7020
stabilization reserve fund and its members pertaining to the	7021
duties, powers, and obligations transferred are binding on the	7022
board of governors of the medical liability underwriting	7023
association, and nothing in this act impairs the obligations or	7024
rights thereunder or under any contract. The abolition of the	7025
directors of the medical liability underwriting association	7026
stabilization reserve fund and the transfer of their duties,	7027
powers, and obligations do not affect the validity of agreements	7028
or obligations made by the directors of the medical liability	7029
underwriting association stabilization reserve fund and its	7030
members pursuant to Chapters 4121., 4123., 4125., 4127., 4131.,	7031
and 4167. of the Revised Code or any other provisions of law.	7032

In connection with the transfer of duties, powers,	7033
obligations, functions, and rights and abolition of the directors	7034
of the medical liability underwriting association stabilization	7035
reserve fund, all real property and interest therein, documents,	7036
books, money, papers, records, machinery, furnishings, office	7037
equipment, furniture, and all other property over which the	7038
directors of the medical liability underwriting association	7039
stabilization reserve fund has control pertaining to the duties,	7040
powers, and obligations transferred and the rights of the	7041
directors of the medical liability underwriting association	7042
stabilization reserve fund to enforce or receive any of the	7043
aforesaid is automatically transferred to the board of governors	7044
of the medical liability underwriting association without	7045
necessity for further action on the part of the board of governors	7046
of the medical liability underwriting association. Additionally,	7047
all appropriations or reappropriations made to the directors of	7048
the medical liability underwriting association stabilization	7049
reserve fund for the purposes of the performance of their duties,	7050
powers, and obligations, are transferred to the board of governors	7051
of the medical liability underwriting association to the extent of	7052
the remaining unexpended or unencumbered balance thereof, whether	7053
allocated or unallocated, and whether obligated or unobligated.	7054

Section 16. The third frontier biomedical and bioproducts	7055
advisory board shall supersede the third frontier biomedical	7056
advisory board and the third frontier bioproducts advisory board	7057
and their members and succeed to and have and perform all the	7058
duties, powers, and obligations pertaining to the duties, powers,	7059
and obligations of the third frontier biomedical advisory board	7060
and the third frontier bioproducts advisory board and their	7061
members. All rules, actions, determinations, commitments,	7062
resolutions, decisions, and agreements pertaining to those duties,	7063
powers, obligations, functions, and rights in force or in effect	7064
on the effective date of this section shall continue in force and	7065
effect subject to any further lawful action thereon by the third	7066
frontier biomedical and bioproducts advisory board. Wherever the	7067
third frontier biomedical advisory board and the third frontier	7068
bioproducts advisory board are referred to in any provision of	7069
law, or in any agreement or document that pertains to those	7070
duties, powers, obligations, functions, and rights, the reference	7071
is to the third frontier biomedical and bioproducts advisory	7072
board.	7073

All authorized obligations and supplements thereto of the	7074
third frontier biomedical advisory board and the third frontier	7075
bioproducts advisory board and their members pertaining to the	7076
duties, powers, and obligations transferred are binding on the	7077
third frontier biomedical and bioproducts advisory board, and	7078
nothing in this act impairs the obligations or rights thereunder	7079
or under any contract. The abolition of the third frontier	7080
biomedical advisory board and the third frontier bioproducts	7081
advisory board and the transfer of their duties, powers, and	7082
obligations do not affect the validity of agreements or	7083
obligations made by the third frontier biomedical advisory board	7084
and the third frontier bioproducts advisory board and their	7085
members pursuant to Chapters 4121., 4123., 4125., 4127., 4131.,	7086
and 4167. of the Revised Code or any other provisions of law.	7087

In connection with the transfer of duties, powers,	7088
obligations, functions, and rights and abolition of the third	7089
frontier biomedical advisory board and the third frontier	7090
bioproducts advisory board, all real property and interest	7091
therein, documents, books, money, papers, records, machinery,	7092
furnishings, office equipment, furniture, and all other property	7093
over which the third frontier biomedical advisory board and the	7094
third frontier bioproducts advisory board have control pertaining	7095
to the duties, powers, and obligations transferred and the rights	7096
of the third frontier biomedical advisory board and the third	7097
frontier bioproducts advisory board to enforce or receive any of	7098
the aforesaid is automatically transferred to the third frontier	7099
biomedical and bioproducts advisory board without necessity for	7100
further action on the part of the third frontier biomedical and	7101
bioproducts advisory board. Additionally, all appropriations or	7102
reappropriations made to the third frontier biomedical advisory	7103
board and the third frontier bioproducts advisory board for the	7104
purposes of the performance of their duties, powers, and	7105
obligations, are transferred to the third frontier biomedical and	7106
bioproducts advisory board to the extent of the remaining	7107
unexpended or unencumbered balance thereof, whether allocated or	7108
unallocated, and whether obligated or unobligated.	7109

Section 17. The Ohio commercial insurance joint underwriting	7110
association board of governors shall supersede the Ohio commercial	7111
market assistance plan executive committee and its members and	7112
succeed to and have and perform all the duties, powers, and	7113
obligations pertaining to the duties, powers, and obligations of	7114
the Ohio commercial market assistance plan executive committee and	7115
its members. All rules, actions, determinations, commitments,	7116
resolutions, decisions, and agreements pertaining to those duties,	7117
powers, obligations, functions, and rights in force or in effect	7118
on the effective date of this section shall continue in force and	7119
effect subject to any further lawful action thereon by the Ohio	7120
commercial insurance joint underwriting association board of	7121
governors. Wherever the Ohio commercial market assistance plan	7122
executive committee is referred to in any provision of law, or in	7123
any agreement or document that pertains to those duties, powers,	7124
obligations, functions, and rights, the reference is to the Ohio	7125
commercial insurance joint underwriting association board of	7126
governors.	7127

All authorized obligations and supplements thereto of the	7128
Ohio commercial market assistance plan executive committee and its	7129
members pertaining to the duties, powers, and obligations	7130
transferred are binding on the Ohio commercial insurance joint	7131
underwriting association board of governors, and nothing in this	7132
act impairs the obligations or rights thereunder or under any	7133
contract. The abolition of the Ohio commercial market assistance	7134
plan executive committee and the transfer of their duties, powers,	7135
and obligations do not affect the validity of agreements or	7136
obligations made by the Ohio commercial market assistance plan	7137
executive committee and its members pursuant to Chapters 4121.,	7138
4123., 4125., 4127., 4131., and 4167. of the Revised Code or any	7139
other provisions of law.	7140

In connection with the transfer of duties, powers,	7141
obligations, functions, and rights and abolition of the Ohio	7142
commercial market assistance plan executive committee, all real	7143
property and interest therein, documents, books, money, papers,	7144
records, machinery, furnishings, office equipment, furniture, and	7145
all other property over which the Ohio commercial market	7146
assistance plan executive committee has control pertaining to the	7147
duties, powers, and obligations transferred and the rights of the	7148
Ohio commercial market assistance plan executive committee to	7149
enforce or receive any of the aforesaid is automatically	7150
transferred to the Ohio commercial insurance joint underwriting	7151
association board of governors without necessity for further	7152
action on the part of the Ohio commercial insurance joint	7153
underwriting association board of governors. Additionally, all	7154
appropriations or reappropriations made to the Ohio commercial	7155
market assistance plan executive committee for the purposes of the	7156
performance of their duties, powers, and obligations, are	7157
transferred to the Ohio commercial insurance joint underwriting	7158
association board of governors to the extent of the remaining	7159
unexpended or unencumbered balance thereof, whether allocated or	7160
unallocated, and whether obligated or unobligated.	7161

Section 18. The Ohio quarter horse development commission,	7162
the Ohio standardbred development commission, and the Ohio	7163
thoroughbred racing advisory committee shall cease to exist on the	7164
effective date of this section. The state racing commission shall	7165
perform all the duties, powers, and obligations pertaining to the	7166
duties, powers, and obligations of the Ohio quarter horse	7167
development commission, the Ohio standardbred development	7168
commission, and the Ohio thoroughbred racing advisory committee	7169
and their members. All rules, actions, determinations,	7170
commitments, resolutions, decisions, and agreements pertaining to	7171
those duties, powers, obligations, functions, and rights in force	7172
or in effect on the effective date of this section shall continue	7173
in force and effect subject to any further lawful action thereon	7174
by the state racing commission. Wherever the Ohio quarter horse	7175
development commission, the Ohio standardbred development	7176
commission, or the Ohio thoroughbred racing advisory committee are	7177
referred to in any provision of law, or in any agreement or	7178
document that pertains to those duties, powers, obligations,	7179
functions, and rights, the reference is to the state racing	7180
commission.	7181

All authorized obligations and supplements thereto of the	7182
Ohio quarter horse development commission, the Ohio standardbred	7183
development commission, and the Ohio thoroughbred racing advisory	7184
committee and their members pertaining to the duties, powers, and	7185
obligations transferred are binding on the state racing	7186
commission, and nothing in this act impairs the obligations or	7187
rights thereunder or under any contract. The abolition of the Ohio	7188
quarter horse development commission, the Ohio standardbred	7189
development commission, and the Ohio thoroughbred racing advisory	7190
committee and the transfer of their duties, powers, and	7191
obligations do not affect the validity of agreements or	7192
obligations made by the Ohio quarter horse development commission,	7193
the Ohio standardbred development commission, and the Ohio	7194
thoroughbred racing advisory committee and their members pursuant	7195
to Chapters 4121., 4123., 4125., 4127., 4131., and 4167. of the	7196
Revised Code or any other provisions of law.	7197

In connection with the transfer of duties, powers,	7198
obligations, functions, and rights and abolition of the Ohio	7199
quarter horse development commission, the Ohio standardbred	7200
development commission, and the Ohio thoroughbred racing advisory	7201
committee, all real property and interest therein, documents,	7202
books, money, papers, records, machinery, furnishings, office	7203
equipment, furniture, and all other property over which the Ohio	7204
quarter horse development commission, the Ohio standardbred	7205
development commission, and the Ohio thoroughbred racing advisory	7206
committee have control pertaining to the duties, powers, and	7207
obligations transferred and the rights of the Ohio quarter horse	7208
development commission, the Ohio standardbred development	7209
commission, and the Ohio thoroughbred racing advisory committee to	7210
enforce or receive any of the aforesaid is automatically	7211
transferred to the state racing commission without necessity for	7212
further action on the part of the state racing commission.	7213
Additionally, all appropriations or reappropriations made to the	7214
Ohio quarter horse development commission, the Ohio standardbred	7215
development commission, and the Ohio thoroughbred racing advisory	7216
committee for the purposes of the performance of their duties,	7217
powers, and obligations, are transferred to the state racing	7218
commission to the extent of the remaining unexpended or	7219
unencumbered balance thereof, whether allocated or unallocated,	7220
and whether obligated or unobligated.	7221

Section 19. The sections of law contained in this act, except	7222
for Sections 22 and 23 of this act, take effect on the date that	7223
is three months after the date on which this act becomes law.	7224

Section 20. The following items of law are not subject to the	7225
referendum and, under Ohio Constitution, Article II, Section 1d	7226
and section 1.471 of the Revised Code, take effect immediately	7227
when this act becomes law:	7228

The amendment of sections 127.14, 4121.77, and 4123.342 of	7229
the Revised Code.	7230

The repeal of section 4121.79 of the Revised Code.

7231

The amendment of Section 203 of Am. Sub. H.B. 15 of the 128th	7232
General Assembly.	7233

The repeal of Section 512.45 of Am. Sub. H.B. 100 of the	7234
127th General Assembly as amended by Am. Sub. H.B. 15 of the 128th	7235
General Assembly.	7236

This section.

7237

Section 21. The General Assembly, applying the principle	7238
stated in division (B) of section 1.52 of the Revised Code that	7239
amendments are to be harmonized if reasonably capable of	7240
simultaneous operation, finds that the following sections,	7241
presented in this act as composites of the sections as amended by	7242
the acts indicated, are the resulting versions of the sections in	7243
effect prior to the effective date of the sections as presented in	7244
this act:	7245

Section 4503.52 of the Revised Code as amended by both Am.	7246
Sub. H.B. 210 and Am. Sub. H.B. 224 of the 122nd General Assembly.	7247